Improving the effectiveness of the mechanism for ensuring human rights and freedoms cannot be achieved solely through the application of imperative methods of legal regulation. Therefore, the importance of so-called “self-regulation” mechanisms is significantly increasing today. Consequently, in order to enhance the effectiveness of the protection of citizens' rights, it is necessary to ensure that the form of dispute resolution corresponds to the nature of the dispute (“Fitting the forum to the fuss”). Alternative dispute resolution involves a process in which a neutral third party is engaged to assist in the resolution of legal disputes through procedures such as mediation, arbitration, and others. One of the methods of alternative dispute resolution is mediation, which is actively used in many countries with developed legal systems. The parties are free to resort to mediation, where a neutral party mediator assists them in reaching a resolution.

The year 2025 marks the centenary of the posthumous publication of Franz Kafkas The Trial (1925), a timeless work that continues to illuminate the persistent crises of law, authority and human freedom. A hundred years after its appearance, Kafkas vision of an individual caught up in a labyrinthian bureaucratic machinery remains a haunting metaphor for modern condition. The work invites renewed academic scrutiny in an era defined by digital surveillance, algorithmic control and bureaucratic opacity. This paper re-examines the ideological foundations of The Trial and the nuances of power and authority through the intersecting frameworks of Michael Foucaults disciplinary power and Giorgio Agambens sovereign exception. The paper also locates the novel within a broader philosophic discourse on the alienation and dehumanization inherent in the modern bureaucratic system.The Trial is a profound meditation on the penal experience of a modern subject entrapped within the machinery of law and bureaucracy through which authority reproduces itself. The court, omnipresent and elusive at the same time, functions as a dehumanizing bureaucratic weapon that operates intricately to make individuals perpetually trapped and alienated. Ultimately, the novel emerges as a prophetic allegory of contemporary forms of governance and its administrative logic that reduces life to a condition of perpetual accusation and deferred justice.

Relevance . The current trends in the development of the constitutional right to appeal pose a number of new challenges for lawmakers and law enforcement practices. Despite the recognized importance of the constitutional right to appeal as a means of democratic participation in the management of state affairs, as well as the protection of human rights, freedoms and legitimate interests, fundamental issues related to its essence, legal nature and functional purpose remain the subject of scientific discussion and require in-depth theoretical analysis to form a holistic scientific concept of this institution. Purpose ‒ comprehensive disclosure of the essence of the constitutional right to appeal through the analysis of its key functions. Objectives : to identify and systematize the key functions of the constitutional right to appeal, which determine its socio-legal purpose; to reveal its public-legal nature through the prism of the interaction of private and public interests; to substantiate the protective role of the constitutional right to appeal as a necessary procedural condition for the realization of the vast majority of constitutional rights, freedoms and legitimate interests; establish criteria for classifying this right as an institution of direct democracy. Methodology . The present research is based on a comprehensive methodological approach combining general scientific (dialectical, integrative, systemic, analysis, synthesis) and special legal (formal legal) methods of cognition. The basis of the study was the method of functional analysis. Results . The identifies the key functions of the constitutional right to appeal (informational, human rights, security, control, communication, management) comprehensively revealing its essence and legal nature. Conclusion . The constitutional right to appeal has a multifunctional essence, which is manifested in the possibility of: informing public authorities about emerging problems in various spheres of public life, protecting and restoring violated rights, freedoms and legitimate interests, preventing offenses, ensuring the implementation of a wide range of constitutional rights, freedoms and legitimate interests, exercising public control, establishing a feedback channel between the government and citizens, as well as direct influence on the process of making managerial decisions.

Work analogous to slavery in Brazil stems from deep historical inequalities that continue to affect thousands of vulnerable people across different regions of the country. Despite legal advances and protective policies, exploitation persists silently, especially in charcoal production sites and rural areas of Bahia, where oversight faces significant challenges. This study seeks to identify effective ways to combat this inhumane practice, using the hypothetical-deductive method and sources such as articles, books, and blogs. It concludes that strengthening Labor Law, education, public policies, and corporate responsibility is essential to ensuring dignity and true human freedom in contemporary society.

Disruptive technologies create value tensions that students need to consider, irrespective of their discipline or professional context. These value tensions arise when competing values are present in a technosocial context. In 2018-2019, a card-based ethics learning tool was created to support students in developing values-based ethics and data literacy competencies. The cards engage students in considering ethical dilemmas and values when designing or using technologies and are informed by doctoral findings and classroom observations (Fernando, 2017; Fernando, 2020). The first prototype of these cards was primarily aimed at undergraduate IT students, and was presented to local collegiate communities, at MozFest 2019, a conference sponsored by Mozilla, and at ETHICOMP 2020, the leading international computer ethics conference (Author, 2020). This early prototype of the conversation cards was based on value tensions but had not been validated or expanded to address the values-based ethics competencies in other discipline contexts. At present, the authors are working on a funded Scholarship of Teaching and Learning (SoTL) project to extend the initial prototype by applying the theorising of Shannon Vallor (2018) and Shoshana Zuboff (2019) to the value tensions conceptual framing. Vallor (2018) theorised 12 technomoral virtues that people should consider when using or designing technologies, whereas Zuboff (2019) theorised surveillance capitalism, where the commodification of personal data through the design and use of technologies may curtail human freedom and dignity. The technomoral virtues and surveillance capitalism informed our identification of values to include in the conversation cards. These theoretical framings provide rigour while establishing clarity for learners. Student-centred and active learning pedagogical principles are realised in the conversation cards (Dada et al., 2023). The cards support problem-solving, reasoning, ethical understanding and responsible decision-making, while allowing for flexible, self-paced, learning in pairs. A PRISMA scoping survey revealed that such cards are an innovative contribution to the field, and at present we are validating the cards through a repeated-measures study followed by focus group discussions. The repeated-measures study uses a factor vignette survey eliciting responses on a 7-point Likert scale eliciting quantitative data to be analysed with an Ordinal Logistic Regression, to reveal which combinations of social and market values are the most readily identifiable as problematic. The focus groups will explore participants’ thoughts and responses about the cards to elicit qualitative data to contribute nuance and clarity to the quantitative data. To support future educators, this project will enhance educational accessibility by developing an Open Educational Resource (OER). The effective implementation of the OER hinges on User Experience (UX) and usability principles and its development will be guided by Jacob Nielson’s 10 Usability Heuristics (1994) and Norman’s broader design principles (2013). The OER interface will incorporate clear navigation and intuitive interaction to guide learners through complex ethical reasoning while being highly usable (Mayer, 2014) and will provide a feedback-rich environment. The OER will be platform independent, support diverse disciplines and educational approaches (Bower, 2010). Adopting the Web Content Accessibility Guidelines (WCAG) principles (W3C, 2023) will ensure universally accessibility, while visual design principles (Williams, 2014) will immerse learners and facilitate understanding of complex ethical dilemmas.

Aim: This study seeks to provide a set of philosophical and theological reflections on war and peace by engaging selected themes within the philosophy of religion. Adopting a novel and interdisciplinary perspective, the research aims to reframe the concepts of war and peace through a conceptually delimited framework, offering theoretical analyses and constructive proposals. Methods: Employing the method of literature review, the paper examines the legitimacy of war from moral, religious, and philosophical standpoints. It further analyzes the approaches of world religions to war and peace, the search for sustainable peace, and universal ethical perspectives related to conflict. The study presents and compares diverse views on war and peace within the discursive horizon of the philosophy of religion. Results: Through an analytical synthesis of diverse sources, this research discusses the concepts of militancy, just war theory, pacifism, and universal peace from a philosophical-theological perspective. Under the rubric of militancy, arguments in favor of the necessity of war are explored in light of scientific, ethical, and religious reasoning. Within the just war tradition, the study evaluates principles emphasizing the avoidance of war as a moral imperative and the limitation of harm where war becomes unavoidable. In the section on pacifism, the paper categorizes and analyzes absolute, conditional, and moderate forms of anti-war ethics. Theological analyses of universal peace underscore the notion that peace remains a highly endorsed moral aspiration. Among the central claims, peace is defended as a coherent life philosophy, positioned as a precondition for human freedom and dignity. Conclusion: Although religions may leave room for war in cases of absolute necessity, they do not promote it as a systematically divine imperative. Rather, religious encouragement for war is interpreted as a reflection of subjective theological interpretations and socio-political positioning. The study concludes that in contexts of both war and peace, religious discourse is often instrumentalized to legitimize underlying economic, political, or philosophical agendas. Originality: War and peace are not commonly addressed as core topics within the philosophy of religion. Framing them in this way provides a speculative and critical contribution to the field, demonstrating the broader ethical relevance of religion in contemporary global challenges.

Through five studies, this research examined how objectively measured societal freedom and individual perceptions of it are related to reduced belief in conspiracy theories. Study 1 (N = 6353 participants from 36 countries) examined the negative relationship between societal freedom (as measured by the Human Freedom Index) and generic conspiracy beliefs. Study 2 (N = 44,458 participants from 52 countries) focused on interest group‐related COVID‐19 conspiracy beliefs– a measure not explicitly referring to government actors. Moving to the individual level, Study 3 (N = 278) examined relationships between perceived societal freedom and various conspiracy beliefs, while Study 4 (N = 246) experimentally tested whether manipulating perceptions of societal freedom affected belief in generic conspiracist beliefs as well as those related to vaccines and financial crises. Results indicated that both greater societal freedom and higher perceived societal freedom are associated with lower levels of conspiracy beliefs. In Study 5 (N = 592), we examined the psychological mechanisms mediating the relationship between perceived societal freedom and conspiracy beliefs and found the significant indirect effect via political anger. These findings contribute to a broader understanding of how macro‐level conditions can be incorporated into efforts to reduce the prevalence of conspiracy theories.

Among the current issues regarding the theoretical and legal foundations of the unity and stability of the concept of military law, it should be noted the multiplicity of definitions. It is designated as «military law», «military law and national security law» or «national security law and military law», «national security law», «military security law», «military sphere law», «military defense law», etc. The polyvariability of definitions and different interpretations of their content may indicate the absence of a well-established understanding of the subject, and therefore the circle of legal relations that regulates / should regulate the branch of military law both now and in the future, in the perspective of the development of relevant legal relations. Not to mention the qualitative development of legislative regulation of state-building practice in this area. The decisive conceptual factors that form the modern vector of development of the definition of military law, as an expression of the content of the relevant legal concept, are the progress of Ukraine as a democratic, legal state and the adjustments that the war brings to the life of the entire Ukrainian society and state, to all legal relations. The list of legal relations that arose in connection with martial law, both in the public and private spheres and are regulated by the norms of military law, has been significantly expanded. Obviously, the existing understanding of military law, as the «organizer» of the functioning of military formations and the protection of the state in the event of armed aggression or armed conflict, does not reflect the involvement of the entire Ukrainian society in the sphere of state security and defense. In the process of searching for a suitable definition, one should take into account the semantics of the use of the senses of the word «military». Thus, «military» – everything that happens during war, directly relates to war; «military» – everything related to the army, armed formations, their structure, material and technical support, organizational measures, legal grounds, policy in this area. As well as the correlation of the concepts «national security law» and «military law». In addition, one should pay attention to the established use of the wording «related to war» and «under martial law». It is possible to propose for scientific discussion the understanding of the concept of military law as a complex, integrated, interdisciplinary branch of law that regulates the protection of human and citizen rights and freedoms, the interaction of society and the state in the sphere of state security and defense. An expanded understanding of the content of the concept of military law mediates the possibility of further defining concepts «derived» from it. It is possible to propose for discussion by specialists the understanding of the concept of military justice as a system of bodies that ensure the protection of human and citizen rights and freedoms, the interaction of society and the state in the sphere of state security and defense. The concepts of «military court proceedings», «consideration of certain categories of cases regarding administrative and criminal offenses committed by servicemen» and «system of military courts» should be distinguished. Thus, the concept of military justice can be understood as the proceedings of various jurisdictions in cases regarding legal relations in the sphere of military law. Military law regulates all legal relations regarding the protection of human and citizen rights and freedoms, the interaction of society and the state in the sphere of state security and defense. Therefore, «military offenses» is a much broader concept than «offenses, committed by military personnel». The analysis of judicial practice on the consideration of cases in disputed legal relations related to the war, obviously, indicates a wide range of theoretical and applied issues, in particular regarding the correlation of the concepts of «military offenses», «offenses, committed by military personnel», «offenses, related to the war» (by analogy with judicial practice in cases «related to the war»), which require further research.

The article focuses on the fundamental principles of EU law – legality, legal certainty, legitimate expectations, the rule of law, and the protection of human rights - which are essential for the functioning of the EU legal system. It substantiates the necessity of applying these principles in both the law-making and law-enforcement practices of Ukraine as a prerequisite for safeguarding human and civil rights and freedoms in Ukraine and for accelerating the country’s accession to the European Union. Given Ukraine’s European integration trajectory, as emphasized by the Supreme Court and the commencement of the Association Agreement, the legal positions formulated in the decisions of the Court of Justice of the European Union (CJEU) may be taken into account by Ukrainian administrative courts as persuasive arguments for the harmonious interpretation of national legislation in accordance with the established standards of the EU legal system. The article highlights CJEU decisions aimed at ensuring legality, legal certainty, the protection of legitimate expectations, and the safeguarding of human and civil rights and freedoms within the EU. The importance of applying the Court’s jurisprudence in this context is emphasized. Particular attention is paid to the protection of personal data within the EU as a fundamental element of the functioning of the Union’s single market, which is based on the free movement of goods, persons, and services. The role and significance of the Union’s values are emphasized, as these values ensure the protection and respect for human rights within the EU and must be consistently upheld by Ukraine in its pursuit of EU membership. This, in turn, will guarantee the protection of human rights and freedoms in Ukraine, contribute to the acceleration of EU accession, and provide an additional safeguard for individual rights and liberties. According to the Treaty on European Union, the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. These values are common to all Member States in a society characterized by pluralism, non-discrimination, tolerance, justice, solidarity, and equality between women and men. Following Ukraine’s accession to the EU, national courts will be obliged, when necessary, to refer questions of EU law interpretation to the Court of Justice of the European Union. Therefore, as has been noted, knowledge of CJEU case law and the evolving content of its decisions – which complement and adapt the normative substance of EU law principles and values in response to changing social relations – is essential in: (a) the process of implementing EU legal norms into Ukrainian legislation; (b) the adjudication of disputes arising from the application of EU law and requiring reference to existing judgments interpreting EU legal principles; and (c) the submission of preliminary references by Ukrainian courts to the CJEU in accordance with the preliminary ruling procedure, where interpretation of EU law is necessary (after Ukraine’s accession to the EU).

Introduction. The issue of the origins of the idea of human rights and freedoms is one of the fundamental questions in the history of law, philosophy and international relations. Its significance is increasing in the context of modern globalisation processes, as human rights are viewed not only as an internal matter for a particular state, but also as a universal value recognised by the international community. Recognising that the concept of human rights has a long historical background enables us to gain a deeper understanding of the nature of contemporary international legal norms and principles that regulate the protection of human dignity, freedom and equality. Particular attention should be paid to the Early Modern period (15th–early 20th centuries), when the modern system of international relations took shape, state sovereignty principles were consolidated, and treaties began to reflect humanitarian ideas more explicitly. Summary of the main research results. The article explores the origins of the idea of human rights and freedoms in Early Modern international treaties (15(th) – early 20(th) centuries) and traces the evolution of humanitarian principles in state treaty practices. It demonstrates that the development of the concept of human rights has deep historical and philosophical roots linked to humanism, the Reformation, natural law and the Enlightenment. The study reveals how international treaties, under the influence of these ideas, gradually began to include provisions aimed at limiting the cruelty of war, protecting religious and national minorities, combatting slavery, and affirming the principles of tolerance and humanity. Particular attention is given to analysing the Peace of Westphalia (1648), the Acts of the Congress of Vienna (1815), the Congress of Berlin (1878), the Geneva Convention (1864) and the Hague Peace Conferences (1899 and 1907). It is substantiated that during this period, the conceptual and normative prerequisites for the modern system of international human rights protection were formed. Conclusions. The authors conclude that the international treaties of the Early Modern period laid the foundation for the transition from fragmented humanitarian norms to the universal recognition of the intrinsic value of human beings, as well as for the formation of modern international humanitarian and human rights law.

The article examines problematic aspects of the admissibility of evidence in criminal proceedings, taking into account the provisions of the Criminal Procedure Code of Ukraine, the practice of national courts, and international legal standards. The correlation of admissibility with such categories as relevance and reliability is revealed, and the formal nature of this legal institution is emphasized. Special attention is paid to the analysis of the criteria that determine the legality of obtaining evidence, in particular the source of information, the powers of participants in criminal proceedings, compliance with procedural form, and the guarantees of human rights and freedoms. It is demonstrated that substantial violations of these requirements automatically lead to the inadmissibility of evidence in accordance with Articles 87-88 of the CPC of Ukraine. The article addresses controversial issues regarding the application of the «fruit of the poisonous tree» doctrine and approaches concerning the absolute or differentiated exclusion of inadmissible evidence. In this context, judicial practice is analyzed, where procedural errors during the recording of searches, interrogations, or covert investigative actions played a decisive role. Of particular importance in ensuring the admissibility of evidence during the pre-trial investigation is the institution of the investigating judge. It is this figure who is entrusted with the function of judicial control over the observance of human rights and freedoms during investigative (search) actions that restrict a person’s constitutional rights, such as a search of a home or the granting of permission for temporary access to items and documents. The legality and validity of the investigating judge’s rulings are the primary prerequisite for recognizing the evidence obtained on their basis as admissible. At the same time, practice indicates the existence of problems related both to the formal approach of some investigating judges to the consideration of motions and to the subsequent assessment by courts of the consequences of violations committed at this stage. A current challenge for the institution of admissibility is the development of digital technologies and the use of electronic evidence in criminal proceedings. The problems of obtaining, recording, and examining such evidence give rise to disputes about its admissibility. Key issues include the authenticity of digital data, the proper procedural order for its seizure (for example, from computer equipment or cloud storage), the integrity of the information, and respect for the right to privacy. Insufficient legislative regulation of these aspects creates risks that important evidence in a case may be deemed inadmissible due to formal violations. Considerable attention is devoted to the analysis of the Supreme Court’s decisions and the case law of the European Court of Human Rights, which establish guidelines for national judicial practice. It is emphasized that the admissibility of evidence has not only a procedural and legal dimension but also a constitutional one, as it is linked to the implementation of the right to a fair trial and the rule of law. In conclusion, the author substantiates the need to improve the criminal procedural legislation by clarifying definitions, consolidating the system of evidence properties, and regulating the rules of procedural recording. This will ensure consistency in judicial practice and an appropriate balance between the efficiency of criminal prosecution and the protection of human rights.

This article analyzes the complex balance between two fundamental principles: the effectiveness of criminal investigations and the observance of fundamental human rights and freedoms. It examines detention as a key measure to secure criminal proceedings, focusing on its essence, purpose, grounds, and application. Particular attention is paid to an analysis of international legal instruments and the standards established by the case law of the European Court of Human Rights (ECtHR). The article outlines the standards that must be met in realizing the rights of a detained person. In this context, it substantiates the need to view detention as an exceptional measure, to be used only when there is reasonable suspicion, not as a tool for collecting evidence. It also discusses the disputable issue of where to legally classify detention within the Criminal Procedure Code of Ukraine, since it is officially a measure to secure criminal proceedings, yet often serves an investigative purpose. The article identifies systemic flaws in the current Criminal Procedural Legislation of Ukraine that lead to abuses and human rights violations. Specifically, it addresses legislative gaps, particularly the absence of a normative definition of «reasonable suspicion». Based on the analysis conducted and grounded in the established case law of the European Court of Human Rights (ECtHR), concrete proposals are formulated for amending Article 2 of the Criminal Procedural Code (CPC) of Ukraine. These include supplementing the article with a new paragraph that defines «reasonable suspicion» as: «The existence of sufficient facts or information which would satisfy an objective and competent person that the individual concerned may have committed a criminal offense. These facts or information must be based on objective data, not on the subjective conviction or intuition of the official.» The absence of «reasonable suspicion» at the moment of detention renders the detention arbitrary and constitutes a violation of the individual’s right to liberty. The necessity of introducing these amendments is further confirmed by inconsistent judicial practice within Ukraine. The author also agrees that a separate chapter in the CPC should be dedicated solely to the detention of an individual, like how the Code regulates every other measure to secure criminal proceedings. Additionally, the author proposes the repeal of Part 2 of Article 176 of the CPC. The recommendations are aimed at eliminating the identified shortcomings, harmonizing national legislation with European standards, and ensuring effective judicial oversight of the rights and freedoms of the detained person at all stages of criminal proceedings.

The article examines current issues of access to the Bar in Ukraine as a key element in the formation of high-quality human resources for the legal profession, which directly affects the effectiveness of the protection of human rights and freedoms in the context of the development of the rule of law and European integration. The study analyses the current state of the procedure for acquiring the status of a lawyer and identifies systemic shortcomings, such as the lack of moral and ethical requirements for candidates, the imperfect organisation and technical obsolescence of the qualification exam, and the formal nature of the internship, which hinder transparency, objectivity and compliance of the procedure for access to the Bar with European standards. Despite some progress in judicial reforms, the procedure for access to the Bar is characterised by vulnerability to corruption risks and a decline in the quality of legal aid. The article separately examines strategic public policy documents, namely strategies for the development of the justice system, which noted problems with the functional capacity of the bar, and analyses shadow reports, the report of the International Commission of Jurists and the conclusions of the European Commission for 2023–2024, which note the lack of progress in reform, the inconsistency of legislation with European standards, corruption risks in admission to the Bar, and the need for transparent transformation of the bodies of the National Bar Association of Ukraine. Based on the results of the study, the following directions for reforming the current procedure for accessing the legal profession have been substantiated: introduction of integrity criteria for persons seeking to obtain the right to practise law, reform of the examination through digitalisation and anonymous testing, rethinking of internships as a full-fledged stage of training with an extension of the duration and assessment of the competencies of future lawyers. These changes will ensure a balance between the independence and openness of the legal profession, improve the quality of legal aid, public trust and compliance with EU standards, thereby promoting Ukraine’s European integration.

Traditionally, human freedom and equality have encompassed a range of fields, and the intersection of human rights in different subfields has brought about potential conflicts and contradictions. Specifically, what this article discusses is the collision and conflict between the two fundamental rights of religious freedom and gender equality. This article first introduces its background framework, analyzes and discusses the conflicts in legal guarantees generally followed by different countries and regions as well as the international community. In this regard, this article specifically compares the relevant precedents of the European Court of Human Rights and the Supreme Court of the United States, elaborating on their similarities and differences to illustrate the cultural environment comparison of different countries and regions across regions. Based on these analyses, this paper holds that presetting the hierarchy of rights or simply transplanting a certain model cannot effectively resolve conflicts. Therefore, it advocates a contextualized trade-off framework and accordingly puts forward the relevant arguments and conclusions of this paper.

It is indicated that in the process of transforming society and reforming the law enforcement system in Ukraine, an important task arises - to clearly define what roles and functions the police perform. These functions must simultaneously ensure effective protection of public order and guarantee respect for the rights and freedoms of citizens. When this issue is not given enough attention, contradictions arise between state needs and individual rights of people. This, in turn, leads to a decrease in public trust in the police and undermines their legitimacy and the authority of state power in general. The article presents a comprehensive study of the functional purpose of the National Police of Ukraine in the context of ensuring and protecting human rights and freedoms in the context of transformational processes in the field of public administration and security. It is substantiated that modern police activities should go beyond the traditional idea of the police as an exclusively forceful instrument of the state. Police functions are increasingly focused on prevention, service, communication with the community and accountability to society, which corresponds to the principles of democratic governance and the rule of law. The evolution of the functional purpose of the police is analyzed through the prism of international standards in the field of human rights. It is found that, in accordance with modern European approaches, the police should act not only as a coercive body, but primarily as an instrument of social partnership between the state and citizens. This involves rethinking the purpose, content and methods of implementing police functions. It is substantiated that in conditions of prolonged martial law, hybrid threats, increasing legal uncertainty and a tense social background, the observance of human rights by the police in the exercise of public authority powers is of particular importance. The study revealed a number of systemic challenges: limited resources, regulatory conflicts in the field of security, weak legal culture of some personnel and insufficient level of accountability to the public. The study proposed a refined vision of the functional purpose of the National Police as a subject of public administration, whose activities should combine the effectiveness of ensuring law and order with compliance with the principles of proportionality, legal certainty, non-discrimination and good governance. It is emphasized that police activities should be legitimate, controlled by society, and their results should be transparent and predictable.

Abstract The principal way Aquinas comes to articulate the movement proper to the gifts of the Holy Spirit in his mature corpus is with the term divinus instinctus . Aristotle is the source for this articulation. For Aristotle, a “divine instinct” explains how some fortunate souls seem consistently to move through life in the right direction. They are impelled by an external, supernatural force. Aquinas discovered in Aristotle’s “divine instinct” a fruitful way to articulate the external, divine agency that belongs to gift movement in the life of the believer. I argue that Aquinas radically transforms the Aristotelian conception of “divine instinct” making it amenable to the Christian doctrine of the graced movement that belongs to the gifts of the Holy Spirit. The doctrine of the divinus instinctus provides Aquinas with a strong account of divine agency ( auxilium ) necessary to move the believer towards divine things. However, Aquinas shears this doctrine of the deterministic associations it has in Aristotle. Rather than short‐circuit free will, the divine instinct elevates human freedom.

The article carries out a comprehensive theoretical and legal analysis of the law enforcement function of the state as a fundamental element of state functioning. Scientific approaches to determining the essence and content of the law enforcement function are investigated, the main problems of its institutional conditionality and the features of its implementation in modern conditions are identified. It is substantiated that the law enforcement function occupies a leading place in the system of internal functions of the state and is characterized by a set of specific features that distinguish it as an independent function. The pluralism of scientific positions on the interpretation of the law enforcement function is analyzed, which determines the absence of a single generally accepted definition of this legal phenomenon. The correlation of the law enforcement function of the state with law enforcement activities and the system of law enforcement bodies is revealed, their relationship and interdependence are established. Particular attention is paid to the problem of the institutional conditionality of the law enforcement function, since its analysis without taking into account the institutional dimension of modern statehood does not correspond to the modern methodology of political science. The need for a systemic and functional approach to reforming the system of law enforcement agencies and their adaptation to public needs and state capabilities in the context of the transformation of socio-economic and political-legal conditions and the European integration course of Ukraine is proven. It is determined that the content of the law enforcement function of a democratic state based on the rule of law is the recognition and practical implementation of human and citizen rights and freedoms, guaranteeing their protection through ensuring legality, law and order, protecting the constitutional order, national security and territorial integrity. It is established that even in conditions of martial law, the observance of human rights and freedoms and the formation of an effective national system for their protection remains a priority task of the state. The main problems of the implementation of the law enforcement function are identified, in particular: the lack of comprehensive legislative regulation of law enforcement activities, legal uncertainty of the concept and system of law enforcement bodies, unresolved issue of the admissibility of combining state and non-state law enforcement activities in the context of the development of civil society. The need for further theoretical understanding of the law enforcement function of the state is substantiated, taking into account the challenges of modernity and the needs of democratic transformation.

In the article, the authors examine the legislative basis and procedural aspects of restricting the constitutional right to respect for private and family life during covert investigative (search) activities. Law enforcement agencies conducting such activities are bound by national legislation and the standards of the European Convention for the Protection of Human Rights and Fundamental Freedoms. These restrictions are introduced to strike a balance between effective investigation of crimes and guaranteeing the constitutional right to privacy. The authors analyzed the case law of the European Court of Human Rights and national courts regarding the procedure for conducting covert measures and the subsequent use of their results in proving a person’s guilt in committing a criminal offense. The authors emphasize that in order to ensure high-quality legislative consolidation of the state guarantee of non-interference by law enforcement agencies in the personal and private life of the applicant, the legislator must: provide a real opportunity for effective judicial protection of the applicant; develop clear limits on state interference in private life; and establish in detail the exceptions that justify interference. Ukrainian legislation defines the right of individuals to autonomy from the state as one of the fundamental constitutional values that are under special protection. Therefore, the secrecy of procedural actions should not lead to the unlawful violation of human rights and freedoms without the possibility of establishing clear limits and control over such interference. In the context of this issue, the volume of intercepted information remains a problematic aspect, because although in the request, representatives of law enforcement agencies indicate what information is necessary to establish the circumstances of the commission of a criminal offense. In their conclusions, the authors note that ensuring the protection of constitutional human rights during covert measures, as one of the state’s obligations, consists of: proportionality of the type of measure to the severity of the crime committed; clear legislative regulation of restrictions on human rights and freedoms; ensuring the right to judicial protection and compensation for damage caused; restoring violated/restricted rights.

The article is devoted to a comprehensive study of the theoretical foundations and practical mechanisms for ensuring the quality of laws in the conditions of the modern legal system of Ukraine. The relevance of the selected issues is due to the objective need to increase the efficiency of the law-making process, which is a determining factor for establishing the principle of the rule of law, stable development of the state, as well as ensuring human rights and freedoms. The author has studied the essence and content of the concept of «quality of law», which is considered as a multi-faceted category that includes not only compliance with formal and legal requirements (legal technique, systematicity, absence of conflicts), but also such important criteria as its social, economic, political and ethical validity. A thorough analysis of the scientific foundations of law-making has been carried out, in particular, methodological approaches to the assessment of legislative acts have been considered, including the comparative law method, the method of system analysis, as well as sociological and economic methods that allow predicting the consequences of the adoption of certain legal norms. Particular attention is paid to practical mechanisms used at different stages of the law-making process. Based on the analysis, a number of systemic problems have been identified that hinder the provision of high-quality legislation in Ukraine. It has been found that these shortcomings often lead to legal conflicts, a decrease in the effectiveness of law enforcement, an increase in the level of legal nihilism in society, and an undermining of trust in state institutions. It has been proven that the low quality of laws can also become an obstacle to European integration processes, as it makes it impossible to fully harmonize national legislation with European Union law. Taking into account the analysis, specific and substantiated ways of improving the law-making process in Ukraine have been proposed. In particular, the author has formulated proposals for the introduction of mandatory and unified procedures for scientific examination of draft laws at all stages of their development, strengthening the role of civil society institutions by expanding opportunities for public consultations and monitoring, and creating an effective feedback mechanism between law-making bodies and society.

The article examines the impact of the practice of the European Court of Human Rights on the formation of the rule of law in Ukraine. It is stated that the process of building a modern democratic, social and legal state is directly related to the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, which indicates Ukraine’s obligation to comply with international standards in the field of human rights. The legislative framework is analyzed, which officially enshrined the state’s obligation to recognize the jurisdiction of the European Court of Human Rights as mandatory. It is noted that the ECHR plays an important role in monitoring the observance of human rights by the participating states, it not only guarantees the implementation of the provisions of the Convention, but also contributes to the integration of its norms into national legal systems, which ensures their proper application. It is emphasized that the practice of the ECHR is being implemented in Ukrainian courts based on two main factors, the first of which is the need to provide reasoned decisions in response to the statements of the participants in the process, which indicate possible violations of their rights guaranteed by the Convention; and the second is related to the constitutional obligation to ensure justice in accordance with the principle of the rule of law, which is also reinforced by procedural law. The case law of the ECHR is analyzed regarding the key concepts that form the basis of the principle of the rule of law, highlighting among them legality, legal certainty, fairness of the proceedings and respect for human rights. The interaction of these elements with each other is emphasized, which creates a comprehensive approach to the implementation of justice. It is noted that legality is one of the main elements related to the principle of the rule of law and is of key importance in the case law of the ECHR. It defines the limits of permissible interference by public authorities in the exercise of rights guaranteed by the Convention and regulates the discretionary powers of state institutions. It is noted that legality establishes the conditions for justified restrictions on rights, emphasizes the importance of clear legal regulation to ensure the rule of law. It emphasizes the accessibility of the law, which means that citizens should be able to understand which legal norms apply to their situation, taking into account specific circumstances, while it is important that the text of the law is clear, precise and consistent, and complies with the principle of the rule of law. Legal certainty is characterized as one of the main elements of the principle of the rule of law. It is noted that legal certainty is critically important for the stability of the legal system and citizens’ trust in it. It is emphasized that an important condition for the implementation of the principle of the rule of law is the right to a fair trial, which is the basis for the formation of a state governed by the rule of law, where everyone has the right to protect their interests in court, which contributes to strengthening trust in the judicial system. The position of the ECHR regarding the supremacy of human rights and freedoms, as well as the priority of their provision, is traced.