It is indicated that in November 1995, Ukraine joined the Council of Europe. This fact should be recognized as a necessary and important episode in strengthening the positions of our state as a subject of international legal relations. But this event also had another important significance for Ukraine in positioning it as a full member of the family of democratic countries - upon accession, it undertook to comply with its general obligations under the Statute of the Council of Europe, namely pluralistic democracy, the rule of law and the protection of human rights and fundamental freedoms of all persons under its jurisdiction. The article provides a comprehensive scholarly and legal analysis of free legal aid as one of the key institutional guarantees for ensuring the right to a fair trial and equal access to justice. The relevance of the study is обусловлена the persistence of systemic problems in the implementation of the right to defence, the high number of applications lodged against Ukraine before the European Court of Human Rights, as well as the need for further improvement of the national mechanism for providing free legal aid in the context of the transformation of the legal system and the growing social vulnerability of a significant part of the population. Based on the analysis of international legal instruments, the provisions of the European Convention on Human Rights and the case law of the European Court of Human Rights, it is demonstrated that the State’s obligation to ensure effective legal assistance cannot be limited exclusively to criminal proceedings, but must also extend to other types of jurisdictional procedures in which an individual risks substantial restrictions of their rights and freedoms. On the basis of statistical data and the results of international and national monitoring studies, the authors substantiate the conclusion that negative trends persist in the sphere of observance of the right to defence and the principle of equality of arms, which confirms the necessity of further development and strengthening of the institutional and procedural foundations of the free legal aid system. The scientific novelty of the article lies in substantiating an approach to understanding free legal aid as a system-forming element of the state-legal, primarily administrative-law, mechanism for ensuring the right to a fair trial. The conclusions formulated in the article create a theoretical basis for further scholarly research aimed at enhancing the effectiveness of the free legal aid system in Ukraine.

• Skeletal evidence in court has psychological and practical limitations. • 3D-printed skeletal models’ morphological accuracy was investigated for court use. • Powder-based prints showed the highest accuracy for entire skulls and crania. • PLA filament prints are more accurate in cranial sections of entry bullet wounds. • The printer calibration and segmentation process impact morphological accuracy. Forensic anthropology has become crucial for global cases involving firearm-related injuries. Although skeletal evidence is valuable, its presentation in court may re-traumatise families or bias reactions, influencing the verdict. To mitigate these risks, the adoption of 3D printing technologies in court has increased, allowing the handling of human remains without the drawbacks of presenting biological evidence. This study aimed to validate 3D-printed skeletal technologies as alternatives for courtroom evidence, focusing on cranial bullet defects through 3D topographical analysis and investigating the accuracy of 3D-printed skeletal models. Samples were scanned using micro-focus X-ray computed tomography; their 3D meshes were generated, 3D printed using powder Selective Laser Sintering, resin Stereolithography, and polylactic acid (PLA) filament Fused Deposition Modelling technologies, and scanned again. The reference and 3D print meshes were aligned, and a colour map allowed visual inspection of morphological discrepancies of up to 1 mm (0 mm shown in blue, 1 mm in red). Powder-based prints exhibited the highest accuracy for representing crania, predominantly coloured dark blue (0 mm). PLA filament prints were accurate for examining smaller cranial surfaces (mostly 0 mm), whereas resin prints were the least accurate for crania (mostly 0.5-1 mm). 3D-printed skeletal material can be utilised in legal settings with a colour map elucidating discrepancies. While powder-based prints are preferred, other materials may better suit specific applications. Further research should evaluate the impact of 3D prints on judicial decision-making and refine 3D printing techniques for forensic anthropology.

Abstract: Child sexual abuse (CSA) involving mental illness or intellectual disability has serious concerns for both mental health and legal perspectives. In CSA, where a child is involved either as an alleged victim or a perpetrator, as a result of mental health-related issues, the mental health assessment and moral culpability should be considered before persecution. Early mental health evaluation with expert testimony with confidence of parents of the victims/perpetrators is essential in the court of law before persecution in the Protection of Children from Sexual Offences Act (POCSO Act, 2012). Hence, with minimum suspiciousness of any child related to CSA, there should be a mental health assessment, which will be highly beneficial in the court of law and also in the phase of rehabilitation for the child trailed under POCSO Act, 2012.

Dignity represents the foundation of the fundamental rights of every person, acknowledged as such by all documents concerning their protection. This paper aims to present, at both theoretical and jurisprudential levels, the ways in which human dignity is protected, guaranteed, and respected in the field of criminal enforcement law, being elevated to a fundamental principle under the provisions of Article 4 of Law no. 254/2013: “Penalties and measures involving deprivation of liberty shall be executed under conditions that ensure respect for human dignity.” Alongside the prohibition of torture and inhuman or degrading treatment, the respect for human dignity also includes the states’ obligation to protect the health of all persons deprived of liberty, by ensuring access to proper medical treatment and detention conditions that do not cause additional suffering to incarcerated individuals. Deprivation of liberty must not equate to deprivation of dignity. The paper will also analyze the case law of the European Court of Human Rights and European regulations, since human dignity is part of European Union law. The European Prison Rules REC(2006)2 of the Council of Europe are of particular importance, as they establish clear obligations for authorities responsible for the custody of detainees in member states, aiming to prevent violations of human dignity. All of these contribute, from a reparatory and protective perspective of criminal justice systems, to a greater respect for the human dignity of the individual, while also aiming to protect society and rehabilitate inmates, thus facilitating the achievement of re-education goals of the punishment.

In the field of biomedicine, the European Court of Human Rights is most often called upon to give answers to controversial situations. At the heart of these debates is frequently the concept of human dignity. Although it does not enjoy an express regulation in the system of the European Convention on Human Rights, human dignity is a guiding principle mentioned in its Preamble itself. After a brief presentation of the main areas of interaction between biomedicine and human rights, the present study focuses on the analysis of how the Court approaches the concept of human dignity in cases involving bioethical problems.

Aim: To analyse the challenges of protecting personal medical data in European Union (EU) Member States and other European countries during the implementation of Regulation 2016/679 (General Data Protection Regulation [GDPR]). Materials and Methods: The study is based on an analysis of international and national legal frameworks governing personal medical data protection, focusing on the GDPR, the case law of the European Court of Human Rights (seven relevant judgments), and national data protection legislation. Statistical data from reports of national Data Protection Authorities were analyzed to identify dominant categories of infringements related to unlawful processing, storage, disclosure, and security breaches of medical data. The methodology included a comparative analysis of European Court of Human Rights judgments and an overview of enforcement activities of data protection authorities in 27 EU Member States. Dialectical, hermeneutic, comparative, analytical, and systemic analysis methods were applied. Conclusions: To comply with the GDPR, healthcare institutions must ensure lawful and secure processing of personal medical data: organize internal procedures, appoint a Data Protection Officer, implement technical and organizational measures, obtain informed consent from patients, and guarantee their rights to access and protect such sensitive information. The protection of personal medical data is ensured through a multi-level system that combines the GDPR, the European Court of Human Rights case law, and national institutions. It is essential to develop and implement clear data protection policies that define responsibilities, data handling procedures and incident response. Many countries still have low awareness among medical personnel regarding personal data protection.

Aim: To investigate the negative and positive obligations of the state in ensuring the right of an individual to respect for human dignity in medical and legal relations, taking into account the practice of the European Court of Human Rights, and to reveal the protection of this right among drug addicts. Materials and Methods: The research methodology involves the analysis of national regulatory provisions, international treaties, legislative acts of Ukraine, and legal positions of the ECHR on the problems of implementing the right to respect for human dignity in medical and legal relations, as well as the case law of the European Court of Human Rights. Data analysis was conducted using open sources, mainly for the period 2010-2025. The main search keywords were "ECHR", "protection of rights", "health care", "legal regulation", "the right of an individual to respect for human dignity". The search criteria focused on modern scientific approaches and practical experience in ensuring the right of individuals to respect for human dignity in medical and legal relations. Sources that do not focus on medical-legal relations, that do not take into account the current practice of the ECHR, that do not comply with international human rights standards, legal acts or regulatory documents that contradict the practice of the ECHR were excluded from consideration. Conclusions: The study highlights cases of failure to fulfill negative obligations of a material nature of the studied right of individuals, among which the following are identified: improper performance by officials of their duties due to inaction (failure to provide medical services, which led to serious consequences); improper performance of official duties by officials of state bodies, as well as unlawful actions of law enforcement agencies of a deliberate nature (physical and psychological violence against persons in custody). An approach is proposed in which adherence to the principle of the supremacy of the law under study, taking into account the practice of the European Court of Human Rights, is the basis for respecting human rights and freedoms.

The state (public power) contributes to inner peace in society also by suppression of some ways of conflict solutions (violence) and by offering alternative peaceful conflict solution methods: lawmaking and the path of law (in particular courts of law). The main source of conflicts is the difference of interests in condition of source resources. It was the basic idea of interest jurisprudence. The creation of internal peace by law and offering an unviolent path of conflict management (and sometimes even of conflict solution) is an public service provided by public power and especially by a state governed by the rule of law to its citizens.

Normatively, the Constitutional Court Law and the Law on the Establishment of Legislation only recognize non-self-executing decisions, as they require further action by the legislature or the President. However, in practice, the Constitutional Court frequently issues self-executing decisions, including those that reinterpret or redefine legal provisions. This raises constitutional challenges, particularly due to the lack of a clear legal basis and the potential conflict with the Court’s original philosophical and historical role as a judicial body. This study aims to examine: (1) the rationale behind the Court’s issuance of non-self-executing decisions; (2) the legal certainty regarding their implementation; and (3) the future framework for managing such decisions. Findings indicate that non-self-executing decisions are issued when norms fall under the domain of open legal policy, thereby deferring action to the legislature or the President. Legal certainty can be strengthened by introducing delayed enforceability and time limits for follow-up action. The study recommends revising relevant laws to provide a legal foundation for decisions involving new norms, conditional constitutionality, and deferred implementation while maintaining the principle that such decisions require legislative or executive follow-up within a specified timeframe.

The objective of this study is to identify and analyse the most important positions of the ECtHR concerning construction activities and implementation of urban development policies by states, while ensuring the rights of citizens and protecting the environment from the negative impact of construction. This research is necessary, in particular, for the development of the urban planning law, as well as for the purposes of the urban planning reform in Ukraine. In its decisions, the European Court of Human Rights promotes the idea of a crucial role of the state policy and state regulation of the urban development sector in protection and defence of human rights. In many decisions, the Court clarifies obligations of the state in this area, in particular, what they are in special situations such as construction in protected areas, unauthorised construction, and obligations to prevent natural disasters. The paper examines in sufficient detail various aspects of the relevant practice of the Court. The array of the ECtHR case law on protection of environmental rights violated or threatened by construction activities and urban planning has been examined separately. The Court's conclusions regarding the priority of public interest in compliance with building regulations over private interest in ownership of illegally constructed property (but not housing) are noteworthy. Numerous decisions of the Court emphasize the primacy of environmental protection over many variations of private interests. This position of the ECtHR is a good example of the Court's support for the European trend towards establishing the sustainable development concept. Keywords: urban planning, ECtHR case law, construction activity, sustainable development, environmental rights, unauthorised construction, natural disasters.

Throughout the history of the European Convention on Human Rights and Fundamental Freedoms, the rule of law has been the guiding star directing the evolution of the case law of the European Court of Human Rights. In recent years, the normative influence of the rule of law in its judicial practice has increased, particularly in cases concerning the independence of the judiciary. The independence of the judiciary is just one of the main manifestations of a broader shift towards a stricter application of the rule of law, which is conceptually incapable of being transformed in line with the political agenda of those who seek unlimited power. The rule of law is a fundamental principle that determines the content and direction of the activities of the entire system of state power, in particular the judiciary. It is a fundamental guideline for the functioning of a state governed by the rule of law, which provides for the subordination of all subjects of legal relations to the law and the recognition of human rights and freedoms as the highest social value. One of the key elements of this principle is ensuring the effective enforcement of court decisions, because without their actual implementation, judicial protection itself loses its meaning. From this point of view, the practice of the European Court of Human Rights (ECHR) with regard to Ukraine has not only legal but also conceptual significance for understanding the state of the rule of law in the country. The practice of the ECHR clearly demonstrates that a state that is unable to enforce court decisions effectively deprives its citizens of their right to justice. The real implementation of the principle of the rule of law is only possible when a court decision is perceived as a final and unconditional norm of behaviour, rather than a declaration whose enforcement depends on the will of an official. In judicial practice, the rule of law and democracy are both contrasted (the concepts are used in the same argument, but are not necessarily combined) and superimposed on each other (the concepts are used almost as synonyms). This is more than simple ambiguity; this combination reveals the rule of law, which, as a guarantee of the democratic quality of the regime, can be analysed alternately as an idealised political goal or as a means of achieving that goal.

The article is devoted to defining the substance, approaches, and trends in the case law of the European Court of Human Rights (hereinafter – the ECtHR) in the field of social protection, as well as its influence on the formation of national policy and law enforcement practices in the member states of the Council of Europe. The meaning of the category “social,” which forms the basis for understanding social rights, is clarified. It is determined that social rights are second-generation rights that encompass healthcare, housing, social security, education, and an adequate standard of living. These rights regulate key social relations, constitute the foundation of human existence, and define the essence of the functioning of a social and rule-of-law state. It has been found that, although the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter – the Convention) does not directly guarantee social rights, the practice of the ECtHR demonstrates the possibility of their protection through the interpretation of provisions on the right to life, property, non-discrimination, and effective legal remedies. Special attention is paid to the protection of property rights in the sphere of social benefits. It has been established that, according to the legal position of the ECtHR, social benefits can be regarded as «property» subject to protection. Key ECtHR decisions concerning social benefits, non-discrimination on the grounds of gender, age, social or national origin, and the practice of positive discrimination regarding pension and social benefits are presented. The article also separately examines ECtHR precedents regarding the application of Article 3 of the Convention in the context of ensuring an adequate level of medical care and decent conditions of detention as an aspect of social protection, as well as the interconnection of social rights with political freedoms and other human rights. It has been concluded that the ECtHR establishes pan-European standards for the realization of social rights, while allowing states a certain discretion in determining specific mechanisms of social policy, but at the same time monitors the impermissibility of arbitrary or discriminatory restrictions. In Ukraine, the implementation of ECtHR decisions through legislation and judicial practice contributes to harmonizing the national system with European standards and strengthening the effective protection of citizens’ social rights.

The article examines the right to a fair trial as a fundamental guarantee of human rights protection, which, in turn, is an essential condition for the rule of law in the state. It describes the historical prerequisites for the development of the right to a fair trial as part of both domestic and international legal discourse, from the emergence of the term “fair trial” in seventeenth-century legal language to its modern normative consolidation, primarily in the field of international human rights law. The content of the right to a fair trial is specified in Ukrainian national law and in international law, particularly in the context of the provisions of the Constitution of Ukraine, the Universal Declaration of Human Rights, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights. The main components of the right to a fair trial are revealed, including the independence and impartiality of the judiciary, the publicity of proceedings, and the presumption of innocence. Special attention is paid to the analysis of the impact of extreme conditions–such as war, states of emergency, or martial law–on the exercise of the right to a fair trial. The article addresses the permissibility of restricting or derogating from states’ obligations in ensuring the right to a fair trial in accordance with Ukrainian national legislation and international human rights treaties. Based on the case law of the European Court of Human Rights, particularly in Golder v. the United Kingdom, Aksoy v. Turkey, and Ireland v. the United Kingdom, it is argued that even in situations of derogation, the state is obliged to guarantee a minimum standard of justice, which includes access to a court, the independence and impartiality of the judiciary, and, accordingly, the effective protection of individual rights. The article concludes by emphasizing the differences in the legal regulation of the right to a fair trial under Ukrainian legislation (in particular, the Constitution) and international legal instruments (including the Universal Declaration of Human Rights, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights). The jurisprudence of the European Court of Human Rights demonstrates the interconnection between the right to a fair trial and the right to an effective remedy.

Polluter Pays Principle (PPP) is a significant environmental and economic policy tool which mandates polluters to bear the cost of control of pollution, reducing pollution, and restoration of the environment . In India, the PPP is enshrined in environmental law and further ratified through judicial precedents by courts of law. It encompasses the response of firms to cost of pollution, whether the same is passed on to consumers, and policies of the government utilizing PPP as a funding source of the environment . The study also analyses enforcement issues like inefficiency of regulators, opposition from industry, and gaps in environmental taxation. The study attempts to explore the economic impact of the Polluter Pays Principle in India and overall economic sustainability. It was found that though PPP is seen as a catalyst for green technologies and control of pollution, there persists ongoing concerns of increased operating cost, lack of enforcement, and opposition from the industry. Younger, lesser educated, and urban respondents were more pessimistic regarding the application of PPP, while aged, educated, and rural respondents were more optimistic regarding the environmental benefits of PPP. Conclusion The PPP holds immense potential in reducing environmental degradation in India, and success lies only in addressing economic problems, increasing enforcement, and increasing awareness among the public.

Theft of livestock is regarded as a serious crime in Kenya and Botswana. This paper explores the police response regarding cattle theft in both countries, with special emphasis on whether the laws in these jurisdictions are effective in curbing cattle rustling. The paper is based on a desk review of legal texts, data, and approaches drawn from court and police statistics. The findings suggest that despite both countries implementing initiatives such as special police units and community-policing, their responses to livestock theft differs in the two countries. Botswana’s notable success stories have been achieved through the ‘Kgomo Khumo’ anti-stock theft unit and and the use of RFID technology for livestock tracking, supported by better technological infrastructure and active community participation. In contrast, Kenya’s Anti-Stock Theft Unit has faced challenges, including limited community support and cross-border militia activities. Though both countries have well-developed legal frameworks, Botswana’s inclusion of customary law courts provides an enforcement mechanism that respects local culture - an aspect that is lacking in Kenya’s approach. The study concludes that the success of anti-stock theft strategies depends on community engagement, the adoption of modern technology, and the integration of traditional legal systems. The paper recommends that Kenya incorporate some form of traditional law court into it’s legal system and work toward strengthening and harmonizing legal response across the region.

Petrov v. Russia: when satirical counter-narratives to discrimination (re)victimise vulnerable stigmatisation targets, does the European Court of Human Rights law meet lived experience?

This study examines the position and authority of the Constitutional Court of Indonesia (Mahkamah Konstitusi) within the national electoral justice system and its institutional relationship with other electoral law enforcement bodies in realizing substantive electoral justice. Elections function as a core mechanism of constitutional democracy, requiring not only procedural legality but also effective judicial protection to ensure legitimacy and public trust. Using a normative legal research method, this study analyzes the 1945 Constitution of the Republic of Indonesia, the Election Law, the Constitutional Court Law, and other relevant statutory regulations through a statutory and conceptual approach. The findings show that the Constitutional Court holds strong constitutional legitimacy as the final and binding adjudicator of election result disputes. Its role has developed beyond merely correcting vote tabulations to assessing qualitative violations, particularly those that are structured, systematic, and massive, which affect the integrity of the electoral process. Furthermore, Indonesia's electoral justice system is implemented through an integrated framework involving the Election Supervisory Body (Bawaslu), the Honorary Council of Election Organizers (DKPP), the Integrated Law Enforcement Center (Sentra Gakkumdu), and the Constitutional Court. Each institution exercises distinct yet interrelated authority across administrative, ethical, criminal, and constitutional domains. This study concludes that the effectiveness of electoral justice in Indonesia depends not only on the Constitutional Court's final decisions but also on institutional synergy among electoral law enforcement bodies. Strengthening coordination and normative integration is essential to ensure that electoral justice is realized substantively, democratically, and constitutionally.

Climate change has intensified environmental risks in India, exposing gaps between legislative intent, executive action, and on-ground implementation. While India possesses an extensive framework of environmental statutes and policies, the absence of a comprehensive climate-specific law has shifted significant responsibility to the judiciary. This study examines the evolving role of Indian courts in shaping climate law and environmental governance through constitutional interpretation, public interest litigation, and rights-based reasoning. The primary objective of the research is to analyze emerging judicial trends that integrate climate concerns into environmental adjudication and to assess their implications for governance, accountability, and policy coherence. Methodologically, the study adopts a doctrinal and qualitative legal research approach, involving systematic analysis of landmark judgments of the Supreme Court and High Courts, along with statutory provisions, constitutional principles, and relevant policy instruments. Judicial reasoning is examined to identify patterns related to the application of the precautionary principle, sustainable development, intergenerational equity, and the expansion of the right to life to include environmental and climate dimensions. The findings reveal a gradual but significant judicial shift from pollution-centric environmental protection toward broader climate-responsive governance. Courts have increasingly recognized state obligations to mitigate climate risks, strengthen environmental impact assessments, and ensure participatory and transparent decision-making. However, the study also finds limits to judicial intervention, including concerns of institutional competence and policy overreach. The paper concludes that while judicial innovation has been crucial in advancing climate governance in India, long-term effectiveness requires complementary legislative action and integrated climate law frameworks to translate judicial principles into enforceable and consistent outcomes.

The article examines the current problems and prospects of developing Ukraine’s legal policy in the context of socio-political transformation and martial law. Legal policy is considered as a key instrument for ensuring the rule of law, constitutional order, and stability of public governance under crisis conditions. The paper analyzes the challenges faced by the state since the beginning of Russian aggression in 2014 and its full-scale escalation in 2022, including institutional disintegration, fragmentation of law-making, limited access to justice, and problems of implementing human rights and freedoms. The article outlines the priority directions of legal policy modernization, including the digitalization of law-making and law-enforcement procedures, strengthening anti-corruption infrastructure, reforming the judiciary, and developing decentralization. Special attention is paid to aligning Ukraine’s legal policy with European standards, in particular the case law of the European Court of Human Rights, the recommendations of the Venice Commission, and the requirements of the acquis communautaire. The importance of implementing the principles of good governance as the basis for democratic transformation is emphasized. It is concluded that the development of Ukraine’s legal policy should be carried out as a comprehensive process aimed at combining security and democratic priorities, ensuring institutional resilience, strengthening the rule of law, and integrating into the legal space of the European Union.

In the forensic examination of sexual assault cases, the Acid Phosphatase (AP) test is commonly used as a rapid presumptive screening method, while the PSA immunoassay is applied for confirmatory purposes due to its superior sensitivity. Immunochromatographic PSA (p30) tests are capable of detecting minute quantities of seminal material and often produce weak or trace positive results at dilutions where the AP test has already become negative. Because AP relies on an enzyme-based color reaction, its visible response diminishes at higher dilutions, limiting its practical detection threshold. PSA, a glycoprotein secreted by the epithelial cells of the prostate and present in high concentrations in seminal plasma, serves as a dependable biomarker for semen identification, particularly in cases where spermatozoa are absent due to azoospermia, vasectomy, or sample degradation. Comparative findings from both tests indicate that the PSA assay exhibits markedly higher sensitivity, detecting seminal fluid at greater dilutions (up to 1:2048 or more), whereas AP activity typically declines and becomes undetectable around 1:512–1:1024.Overall, while both AP and PSA tests are useful for identifying seminal stains, the PSA test offers a more sensitive and reliable means of detection at extreme dilutions where AP reactions become weak or inconclusive. Consequently, in rape investigations, PSA testing plays a critical role by enabling the sensitive detection of seminal fluid, reinforcing biological evidence, corroborating victim statements, facilitating DNA analysis, and providing robust scientific support within the criminal justice system and courts of law.