- Research Article
- 10.37772/2518-1718-2025-4(52)-12
- Dec 23, 2025
- Law and innovations
- Alla Strizhkova
Problem setting. The article is devoted to researching the updating of legal support for the application of existing methods and technologies, as well as the improvement of artificial intelligence and other innovative technologies for humanitarian demining in Ukraine. This is critically important for restoring access to and safe use of agricultural land, which is the first priority of humanitarian demining. Analyses of recent researches and publications. The issue of legal support for mine action has been explored in the works of O.M. Botnarenko (on the subjects of mine action), B. Derevianko (on the legal and organisational aspects of demining and land reclamation), S. Poteriaika and A. Okipnyak (mechanisms of state management in the field of mine action). A comprehensive study was presented by Academician V.P. Gorbulin at the beginning of the full-scale war. A thorough description of the subjects of administrative and legal support for mine action in Ukraine based on their current powers was provided by V.I. Teremets and M.Yu. Marchenko. The purpose of this article is to examine the peculiarities and formulate proposals for updating the legal framework for humanitarian demining in Ukraine with innovative approaches to land release based on Ukrainian demining experience. Article’s main body. The article is devoted to the study of updating the legal support for humanitarian demining in Ukraine with innovative approaches to land release. It has been established that modern legislation began to lay the fundamental foundations for mine action in 2018 with the adoption of the basic Law of Ukraine ‘On Mine Action in Ukraine’, which establishes general norms, while details and instructions for use are established by international and national standards. Particular attention is paid to the analysis of innovative approaches and technologies for land release. Conclusions and prospects for the development. Thus, during a full-scale invasion, Ukrainian legislation is logically undergoing intensive updates, introducing the best proven humanitarian demining technologies and their combination at certain stages of humanitarian demining as innovative land release approaches, especially at the level of specialized standards. It is proposed that innovative methods that have been tested and proven effective in Ukraine be transferred to IMAS for updating international standards, especially taking into account the use of artificial intelligence, which significantly speeds up prioritization and other important decisions in humanitarian demining.
- Research Article
- 10.37772/2518-1718-2025-4(52)-7
- Dec 23, 2025
- Law and innovations
- Marina Petryshyna
- Research Article
- 10.37772/2518-1718-2025-4(52)-6
- Dec 23, 2025
- Law and innovations
- Dmytro Nesterenko
Problem setting. Equality of rights and opportunities is a fundamental principle of labor law, which guarantees nondiscriminatory access to labor and is the basis of a stable labor market. In Ukraine, its importance is growing in the context of harmonization of legislation with EU norms and the challenges of wartime. Despite the legislative consolidation, the effectiveness of the principle is limited by existing hidden forms of discrimination, insufficient control and difficulties of judicial protection. In view of these challenges, especially in conditions of martial law, scientific analysis and development of effective mechanisms for ensuring equality in the labor sphere are necessary both from a theoretical and practical point of view. Analyses of recent researches and publications. The issue of equality of rights and opportunities in the labor sphere has been widely reflected in the scientific works of domestic scientists, in particular V. Andriyiv, M. Baru, N. Vapnyarchuk, N. Getmantseva, L. Gruzinova, I. Dmitrieva, V. Zhernakov, T. Zanfirova, Z. Kozak, V. Korotkina, G. Mytrytska, P. Pylypenko, V. Prokopenka, O. Protsevsky, O. Yaroshenko, etc. A significant number of studies are devoted to the analysis of legal mechanisms for preventing discrimination, guarantees for the implementation of labor rights, and practical aspects of applying the principle of equality in labor relations. Article’s main body – research into the content of the principle of equal rights and opportunities during employment, as well as one of the key manifestations of its violation unjustified refusal of employment. Conclusions and prospects for the development. Compliance with the principle of equal rights and opportunities must be implemented at all stages of labour relations: when hiring, transferring to another job, paying for labour and dismissing. Since ensuring equal rights and opportunities in the labour sphere is a mandatory requirement of a democratic state based on the rule of law. But first of all, compliance with this principle should begin at the stage of job search, during employment. The principle of equal rights and opportunities during employment consists in ensuring equal opportunities for all citizens in choosing a profession, exercising the right to work and entering into labour relations, regardless of their gender, race, age, nationality or other personal circumstances. This includes: legal equality, i.e. all citizens have the same rights before the law in the labour sphere; prohibition of discrimination, in particular, unjustified refusal to hire or any direct or indirect advantages when concluding an employment contract are not allowed; freedom of choice of work, i.e. everyone has the right to freely choose the type of work activity and realize their abilities without discrimination; state guarantees, in particular, the state creates conditions for the implementation of this right, in particular through vocational training and retraining programs. One of the key manifestations of the violation of the principle of equal rights and opportunities in the labour sphere is an unjustified refusal to employ. In particular, an unmotivated refusal to hire an employee for work in the presence of vacant jobs, as well as for reasons that do not relate to the professional and business qualities of the employee (the set of knowledge, skills and abilities possessed by an individual that are necessary to perform the relevant labour function), is considered unjustified.
- Research Article
- 10.37772/2518-1718-2025-4(52)-13
- Dec 23, 2025
- Law and innovations
- Vira Chubenko
Problem setting. Ukraine has long paid considerable attention to the creation of legal prerequisites for the establishment and operation of relevant institutions authorized to protect and ensure competition in the electricity market of Ukraine. This is highlighted in several regulatory legal acts. However, as of now, the formation of a fully competitive electricity market in our country has not been completed, which is associated, among other things, with some problems in the activities of relevant authorized bodies in this area. Thus, there is a need to study the issue of legal regulation of the activities of bodies authorized to ensure the protection of competition in the electricity market, identify the main problematic issues and make proposals for improving legislation in this area. Analysis of recent research and publications. Some individual aspects of the issue of ensuring competition in the electricity market of Ukraine have been given attention in the works of Ukrainian scientists. S. Hlibko, A. Chupryna, I. Podrez-Ryapolova studied the problems of sustainable innovative development of the energy system and the role of investment funds in stimulating investments in energy-efficient, renewable, and innovative technologies, which corresponds to Ukraine’s European integration aspirations. D.K. Tkach considered the directions of reforming the electricity market, which began in July 2019, etc. Of course, foreign scientists also paid attention to the issues of the electricity market in the work of Bowen W., Hill E., Thomas A., Liu R., Henning M. the issue of the impact of deregulated electricity markets on consumer prices using the example of individual states of the United States of America was studied. However, despite the large number of publications on this issue, there remain a number of issues that require further development, in particular, legal regulation of the definition of the powers of relevant bodies in ensuring the development and protection of competition in the electricity market in Ukraine. Purpose of the research is to research into the main problems of regulatory and legal regulation of the activities of authorized bodies the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors, in the field of ensuring competition in the electricity market of Ukraine. The article was carried out within the framework of the fundamental research topic “Theoretical and legal foundations of innovative development of the energy system of Ukraine”, state registration number 0124U005149. Article’s main body. In Ukraine, a number of regulatory provisions stipulate that the main body in the field of competition protection is the Antimonopoly Committee of Ukraine, which is endowed with relevant powers, including in the field of electricity. Another body that, in accordance with the legislation, has some powers to ensure competition in the electricity market of Ukraine is the National Commission for State Regulation in the Energy and Utilities Sectors. The article is devoted to the study of the issue of legal regulation of the powers of the above-mentioned authorized bodies and their delimitation. The main aspects and some examples of the implementation of the powers of the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors in the field of competition protection in the electricity market are presented. The main problematic points in terms of legal regulation of the functions, rights and obligations of the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors are identified. Examples of the negative impact on law enforcement practice of some problems of legal regulation of the powers of state bodies in the field of competition protection in the electricity market are given. Conclusions and prospects for the development. One of the most important elements of ensuring competition in the electricity market are the relevant state institutions. The authorized bodies in ensuring the development and protection of competition in the electricity market in Ukraine are the Antimonopoly Committee of Ukraine and the National Commission for State Regulation in the Energy and Utilities Sectors. At the same time, for a long time, in the issue of the activities of the above-mentioned bodies, there have been problems related to avoiding duplication of powers by both bodies, or vice versa preventing the risk of being removed from resolving specific problematic issues in the field of protection of competition in the electricity market, transferring responsibility to another body. This situation does not contribute to the proper protection of competition in the studied industry, and therefore requires detailed regulatory regulation.
- Research Article
- 10.37772/2518-1718-2025-4(52)-9
- Dec 23, 2025
- Law and innovations
- Ivan Zhyhalkin + 1 more
Problem setting. The digital transformation of social processes, which has become one of the defining characteristics of the 21st century, fundamentally changes not only the technological but also the social and legal foundations of state and labor market functioning. Its influence is noticeable in almost all areas of life, but it is particularly significant in the field of employment relations, where digitalization does not merely contribute to the modernization of traditional procedures but forms a new paradigm of labor management based on automation, transparency, and standardization of processes. Analysis of recent researches and publications. The issue of the digitalization of labor procedures and its impact on minimizing corruption risks is being actively developed in the works of contemporary domestic and foreign researchers. The understanding has been established in the academic doctrine that the digitalization of HR processes is not merely a technical improvement but a tool for increasing the transparency, unification, and reproducibility of labor decisions. A significant contribution to the development of the theoretical foundations for the use of digital technologies and automated systems for optimizing human resource management processes (hereinafter – digital HRM) has been made by T. Bondarouk and C. Brewster, who substantiated the conceptual shift from traditional human resource management to data-driven systems that minimize the human factor and ensure the algorithmic nature of procedures. The works of S. Strohmeier examine the process of transforming the philosophy of labor management, where openness, analytics, and the standardization of HR decisions play a key role. The research of P. Cappelli, P. Tambe, and V. Yakubovich focuses on the impact of HR data analytics and automated decisions on the formation of personnel policy, emphasizing new opportunities for predicting employee behavior and establishing transparent evaluation criteria. An important component of contemporary works is international comparative research. Transparency International and the Organisation for Economic Co-operation and Development (OECD), in their reports from 2018–2023, have repeatedly emphasized that the digitalization of HR processes is a key tool for reducing corruption risks in the public sector, as it ensures the recording of all actions, minimizes informal practices, and creates opportunities for independent audit of decisions made. In domestic (Ukrainian) scholarship, the issues of labor market digitalization are covered in the works of N. Butynska and O. Yanovytska, who prove that digital transformation changes not only the technological but also the legal foundations of employment relations, forming a new content for labor procedures. Separate aspects of digital software platforms that automate and optimize human resource management (HR systems), electronic document management, and personal data protection are analyzed in the works of Ukrainian researchers. However, a comprehensive analysis of the digitalization of labor procedures as a mechanism for reducing corruption risks still requires further development. Thus, despite a significant number of scientific studies, the problem of digitalization of labor procedures in the context of anti-corruption efforts remains insufficiently developed, especially regarding algorithmic audit, the transparency of automated decisions, and the adaptation of international practices within the Ukrainian legal framework. Purpose of research. The aim of the article is to conduct a comprehensive scientific-theoretical and practice-oriented analysis of the digitalization of labor procedures as a mechanism for minimizing corruption risks, to determine its legal, organizational, and technological aspects, to summarize international experience in digital governance in the labor sector, and to formulate proposals for improving the regulatory and legal framework for digital labor processes in Ukraine. Аrticle’s main body. This article provides an in-depth scientific, theoretical, and practice-oriented analysis of the digitalization of labor procedures as a key mechanism for reducing corruption risks in the modern labor relations system. It explores the nature and essence of digital transformation in the field of labor, describes the evolution of theoretical approaches to digital governance, examines the formation of digital labor processes, and assesses their impact on the efficiency and transparency of human resource management. Based on a synthesis of international standards, studies by leading scholars, and the practices of the public sector in Ukraine, the article argues that the digitalization of labor procedures contributes to minimizing corruption by eliminating subjectivity, automating decision-making, standardizing HR processes, and ensuring their openness. The study identifies the main risks associated with digitalization: privacy violations, cybersecurity issues, algorithmic discrimination, and information asymmetry. A conceptual vision for the future legal and regulatory framework supporting digital labor processes in Ukraine is proposed. Conclusions and prospects for the development. The author makes a general conclusion that the digitalization of labor procedures acts not merely as a technical innovation, but as a socio-legal mechanism for enhancing transparency and integrity in personnel management. It allows for the reduction of corruption risks, the increase of HR management efficiency, and the creation of conditions for building a modern system of labor relations that adheres to the principles of openness and accountability.
- Research Article
- 10.37772/2518-1718-2025-4(52)-15
- Dec 23, 2025
- Law and innovations
- Illia Moroz
- Research Article
- 10.37772/2518-1718-2025-4(52)-17
- Dec 23, 2025
- Law and innovations
- Ilya Orlovsky
- Research Article
- 10.37772/2518-1718-2025-4(52)-10
- Dec 23, 2025
- Law and innovations
- Oleh Rozhnov
Problem Statement An analysis of recent scholarship on the category of abuse of procedural rights demonstrates both the widespread nature and the conceptual elusiveness of this phenomenon. D. Luspenyk observes that abuse of procedural rights (delaying the proceedings, undertaking “procedural sabotage”) is a highly subjective and evaluative concept. When determining whether a party has abused procedural rights, the court proceeds from its internal conviction— that is, from a discretionary assessment based on the evidence. A counterbalance to the abuse of procedural rights is the principle of the good-faith exercise of such rights, which is recognized as a normative standard of judicial procedure . It is appropriate to agree with Ya. Panaid that existing doctrinal approaches to defining abuse of procedural rights may be grouped into two categories: a) approaches treating abuse of procedural rights as a legal offense; and b) approaches whose proponents interpret abuse of procedural rights as a mode of exercising a procedural right, which becomes abusive upon the failure to satisfy certain socio-legal conditions.When defining abuse of procedural rights, its contextual linkage with the duty of good-faith exercise of procedural rights by participants and their representatives must be taken into account. In our view, this reflects the division found in scholarly literature and judicial case-law: abuse of procedural rights may denote either the inconsistency between the result of exercising a procedural right and the objectives of civil litigation, or the unlawfulness of the participant’s conduct. Analysis of Recent Research and Publications. The issue of abuse of procedural rights has been addressed in numerous publications, including those authored by N. Banchynska, D. Luspenyk, Ya. Bernazyuk, V. Komarov, T. Tsuina, N. Sakara, Ya. Panaid, and A. Tkachuk. Much fewer studies have focused on abuse of procedural rights by attorneys specifically, including works by V. Zaborovskyi, N. Herasymchuk, and N. Dobrovolska. Purpose of the Article. The purpose of this article is to examine both the theoretical and practical aspects of abuse of procedural rights by an attorney in civil proceedings as grounds for the imposition of a fine. Article’s main body. The article provides a comprehensive examination of one of the mechanisms for counteracting and preventing the abuse of civil procedural rights in civil proceedings in Ukraine. It analyses the legal nature of a fine as a type of procedural coercive measure in civil litigation and identifies the specific features of its application to legal representatives as participants in judicial proceedings. It is emphasized that a fine does not constitute a form of disciplinary liability for an attorney but serves an independent functional purpose in civil procedure—namely, to compel compliance with court-established rules, to ensure good-faith performance of procedural duties, to terminate abuse of procedural rights, and to prevent the creation of unlawful obstacles to the administration of justice. The author draws attention to the dual character of the relations in which a representative operates: substantive-law relations with the client arising from a legal services agreement, and procedural-law relations with the court. The article notes that, when defining the concept of abuse of procedural rights, it is necessary to take into account its contextual relationship with the good-faith exercise of procedural rights, which constitutes a duty of the parties and their representatives in judicial proceedings. This reflects the existing division in legal scholarship and judicial practice regarding approaches to defining abuse of procedural rights: it may signify either a discrepancy between the outcome of the exercise of a procedural right and the objectives of civil proceedings, or the unlawfulness of the participant’s conduct itself. A separate section is devoted to the analysis of the Supreme Court ruling of 14 July 2022 in case No. 755/11559/16c, in which the attorney’s filing of a second cassation complaint was held to constitute an abuse of procedural rights, and a fine was imposed on the law firm.
- Research Article
- 10.37772/2518-1718-2025-3(51)-7
- Oct 10, 2025
- Law and innovations
- Mykhailo Makarov + 1 more
- Research Article
- 10.37772/2518-1718-2025-3(51)-4
- Oct 10, 2025
- Law and innovations
- Anna Kolisnyk
Problem setting. The stimulation of economic activity by veteran entrepreneurship entities is currently acquiring new features and increased relevance, including with the update of current legislation and strategic development directions in this area. State financing and support of veteran business is becoming a promising direction of state policy and has a direct impact on the renewal of the national economy. The development of veteran business in Ukraine has significant potential, it will contribute to economic growth by creating new industries and addressing societal needs, and will also ensure veterans’ active participation in civilian life. Therefore, it is extremely important to build an effective model for implementing veteran business with the help of an effective regulatory and tax framework. Analysis of recent research. Research on the issues of providing state support to war veterans has been conducted by many scientists. For example, O. Yu. Illarionov analyzed the legal principles of supporting and developing veteran business. V. I. Sheverdina conducted a study of domestic veteran policy on the protection of the basic constitutional rights of citizens who have the status of war veterans. V. P. Kokhan studied the issue of employment of war veterans and identified three areas of return of war veterans to work as a result of their professional adaptation: traditional employment in the form of hired labor in accordance with the Labor Code of Ukraine; employment under non-standard employment conditions and the establishment and development of veteran entrepreneurship. In the current conditions of martial law, the issues of developing entrepreneurial initiatives of war veterans are becoming particularly relevant and require additional scientific research. The article aims to conduct a legal analysis and scientific research on the issues of state financing and tax incentives for the development of entrepreneurial initiatives of war veterans in Ukraine. Аrticle’s main body. Russia’s long-running war against Ukraine has led to many important problems in supporting military personnel and war veterans. Despite the dynamic development of legislation in the field of supporting war veterans, legal and tax mechanisms for stimulating veteran entrepreneurship require continuous improvement and adaptation. The measures currently being taken to reintegrate veterans into society are insufficient; they take the form of state social payments and benefits, which are considered outdated and ineffective according to state authorities, local governments, civil society representatives, and veterans themselves. The Law of Ukraine «On Veteran Entrepreneurship » provides for the creation of a system of economic and social incentives to assist veteran entrepreneurship entities in carrying out entrepreneurial activities, increasing their level of competitiveness, social activity, and achieving financial stability; stimulating investment and innovation activity of veteran entrepreneurship entities and establishing the introduction of mechanisms to stimulate veteran entrepreneurship as a priority direction of state policy. However, the aforementioned law does not specify the components of the mechanisms to stimulate veteran entrepreneurship, in particular the tax one. Therefore, it is necessary to raise the issue of preferential taxation and lending for veteran entrepreneurship in the future: after the introduction of legal regulation of veteran entrepreneurship, the issues of its encouragement, determination of financial mechanisms for its stimulation and support arise. It is noted that despite the lack of legislative regulation of tax incentives, their main goal is to create favorable conditions for taxpayers, therefore tax benefits are an effective tool for encouraging veterans to open their own business. To ensure an effective model of implementation of veteran business, it is currently considered relevant to improve the incentive mechanisms of state support and introduce special tax benefits for veterans-entrepreneurs, which will contribute to the activation of their opening of their own business. Conclusions. The conducted scientific research on legal issues of state financing and tax incentives for the development of entrepreneurial initiatives made it possible to conclude that state support for the entrepreneurial activity of war veterans should be systemic and implemented at the national, regional and local levels. Tax incentives for the entrepreneurship of war veterans should be integrated into a comprehensive state policy aimed at supporting the development of veteran entrepreneurship, enhancing its competitiveness, facilitating the reintegration of war veterans into civilian life, and promoting the sustainable development of Ukraine’s national economy. The problem of the tax burden on war veterans engaged in entrepreneurial activity necessitates the improvement of legal regulation, including by updating the norms of tax legislation. Therefore, in the context of creating a regulatory framework for regulating veteran entrepreneurship, it is necessary to continue to improve current legislation and introduce effective instruments for tax incentives for veteran entrepreneurship, that is, to implement effective mechanisms for preferential taxation and lending to veteran businesses, which will increase the level of economic activity of war veterans.