Legal Treaties Research Articles

Міжнародно-правові та національні гарантії реалізації права особи на захист життя і здоров’я

This article analyzes the norms of international and national legislation concerning the right of individuals to life and health protection, through the lens of their practical implementation. The study identifies the positive and negative aspects of the legislative regulation of the right to protection, examines the reasons for states’ non-compliance with certain international legal treaties, and offers several remarks on the effectiveness and feasibility of the established legal provisions. In particular, the publication emphasizes the high efficacy of the norms of the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the Convention on the Rights of the Child in light of the practice of the European Court of Human Rights and the activities of UN specialized committees. At the same time, the paper criticizes the effectiveness of the provisions of the Geneva Conventions and their additional protocols due to the lack of proper mechanisms for their implementation and identifies the main reasons for states’ violations of the aforementioned international treaties. Among the main issues of the implementation of the norms of these conventions, the author identifies the lack of political will of the states, insufficient training and awareness of military personnel, non-compliance by states with international justice mechanisms, and the lack of effective control and monitoring of compliance with the norms of the conventions. Additionally, based on the analysis of the practice of applying the legal rules on necessary defense, the article highlights the urgent need to define the time limits of the defense situation and the criteria for determining the proportionality of actions during defense at the legislative level. Furthermore, to improve and eliminate inconsistencies between the provisions of the Criminal Code of Ukraine and the Constitution of Ukraine, the author proposes specific amendments to the Basic Law.

Research on International Marine Pollution Control Issues: Based on the Fukushima Pollution Incident in Japan

The international marine environment has increasingly become a critical focus of global environmental concerns, with marine pollution worsening significantly. The Fukushima sewage incident in Japan has notably heightened awareness of marine environmental pollution, impacting the marine environment, economic development, food safety, and human health in surrounding countries, making marine pollution control an urgent priority. This paper analyzes the Fukushima pollution incident in Japan, reviewing the current status of international marine pollution control legal treaties and international cooperation efforts. It proposes new governance ideas grounded in climate change advisory opinions, emphasizing the need for innovative approaches to tackle emerging pollution challenges. Furthermore, the paper examines both theoretical and practical problems within the existing framework of international marine pollution control, identifying gaps and inconsistencies that hinder effective management. Based on this analysis, the paper offers comprehensive countermeasures and suggestions aimed at enhancing the efficacy of international treaties, improving coordination among nations, and strengthening the overall governance structure to better address marine pollution. This holistic approach is essential for ensuring the sustainable development of marine ecosystems and the long-term health and prosperity of human societies.

The International Law Dilemma of Autonomous Weapon System

This paper aims to highlight the potential for serious humanitarian disasters caused by the rapid development of autonomous weapons systems, as they are currently unable to fully grasp the ability to analyze their targets and clearly distinguish between combatants and military targets due to current technological limitations. There is also controversy over whether autonomous weapons systems are combatants, and there is a certain degree of regulatory deficiencies in the field of international law. Existing international treaties are unable to perfectly regulate autonomous weapons systems and punish unlawful behavior. The paper mainly uses the method of analyzing specific problems based on legal principles and draws conclusions by referring to some cases. The conclusion of this paper is that the international community needs to establish a new, targeted international legal treaty, establish a more reasonable and realistic international soft law, establish and improve a broader international exchange system, and encourage countries to work together to solve this problem.

Legal regulation of climate change in the context of global warming

The relevance of the problem stated in this article is due to the direct negative impact of the climate change, in particular the global warming, on most life-supporting human processes: production, agricultural sector, safe and secure dwelling of population, and more. The purpose of this article is to study the effectiveness and efficiency of harmonization of the national legislation of the developed countries in accordance with international legal treaties in the field of climate in the context of global warming. The formal legal method is the main one in the study of this issue, which allows making a legal analysis of the provisions of international legal treaties of both a general nature and special rules that relate to the carrying out of entrepreneurial activity, considering the minimization of negative impact on the climate change, as well as foundations for implementation of the carbon neutrality policy. As a result of research, it was made the legal analysis of the content of legal acts on the issue of climate change. The requirements for business entities were determined, provided for by the international legal agreements and leading to a decrease in the negative impact on the climate. In addition, it was made an analysis of the legal basis and feasibility of achieving the carbon neutrality in the developed countries until 2050. To a greater extent, the results of the study are of theoretical significance, since the generalization of requirements provided for by international law is the end result of the study, which together will lead to a decrease in the impact of global warming on climate change, states, business entities and individuals. In turn, the results of this study can be the basis for improving the mechanisms of influence on the climate both in the field of legal sciences and technical sciences. .

Justice for victims: a comparative analysis of victim representation in Ukraine and international standards

The issue of providing access to justice for every person is now topical worldwide. The problem of protecting the interests of crime victims needs improvement. Therefore, the purpose of the article is to clarify the issue of compliance of the legislation of European countries, including Ukraine, with international standards in the field of protection of victims' rights. Based on the analysis results, recommendations were proposed to improve regulatory provisions to bring them into line with international legal acts. An analysis of the court verdicts passed based on the results of criminal case consideration was carried out. The need to ensure professional representation of the victim's rights has been established. The need for mandatory representation of the elderly, people with disabilities, and representatives of other social categories is emphasized. Analyzing the legislation of countries such as Czechia, Bulgaria, and Georgia determined the peculiarities of victim representation in criminal proceedings. The fundamental principles to which the legal system of any legal and social state must comply have been determined based on international legal treaties. Considering the received conclusions, recommendations for improving Ukraine's legislation were formulated.

Principles of the victim’s representation in criminal proceedings

Based on the analysis of the provisions of criminal procedure legislation, provisions of international legal treaties, and European Union law, and on the basis of generalisation of theoretical positions of scholars, and also taking into account the proven experience of certain European States, it has been substantiated that the principle of victim representation is one of the fundamental principles of criminal proceedings. It has been proved that representation of victims in criminal proceedings is an indispensable guarantee of the principle of equality before law and court, access to justice and binding nature of court decisions, competitiveness of the parties and freedom to present their evidence to court and to prove their convincing nature before the court, etc. It has been determined that on the way to European integration, Ukraine may need to revise certain provisions of the institute of victim representation in criminal proceedings, in particular, to determine the grounds for mandatory free-of-charge participation of a victim’s representative, at least in some categories of cases. It has been argued that victim representation should be carried out in compliance with the general principles of criminal proceedings, as well as the principles of: voluntariness; legality; competence; initiative; cooperation and effective communication with other participants to criminal proceedings. It is suggested that these provisions should be used in further scientific research as a basis for reforming criminal procedure law in the context of introducing proven foreign practices into the victim representation activities. It has been determined that the prospects for further research should include the mechanisms for implementing international standards of victim representation, problematic aspects of victim representation in criminal proceedings, and the principles of representation of a witness, a civil plaintiff, and a civil defendant.

PROBLEMS OF REALIZING THE RIGHTS AND FREEDOMS OF CERTAIN CATEGORIES OF CITIZENS

It is indicated that the realization of rights and freedoms is the practical implementation by citizens and other participants of social life of the demands provided for by the constitutional norms to satisfy requests and needs or obtain the necessary material and spiritual benefits in the manner established by law. Therefore, the mechanism for the realization of rights and freedoms is, first of all, a complex procedural and legal order for the realization of rights, freedoms and obligations, in which the law establishes a certain algorithmic nature of the order of implementation, its procedure: the sequence of actions of the bearer of rights and freedoms and the obliged subjects rights, as well as the content of these actions, the implementation of which is aimed at the most complete and accurate use of the right or freedom. In the opinion of the authors, since the factors influencing the consolidation of the value guidelines of the constitutional system are usually found at each specific stage of the development of the state, and which certainly affect the content of the principles in general, and the principles of the constitutional system in particular, the above list should be supplemented, at least one is the level of ensuring national security of the state. Considering the above, according to the authors, it would be quite logical to take advantage of the situation of potential reform of the fundamental principles of the constitutional system. Within the scope of the research, taking into account the issue of violation of the state sovereignty of our country, the modernized Constitution of Ukraine is intended to become a nationwide political and legal treaty and a fundamental law of national law. At the same time, the amended Constitution of Ukraine must ensure the proper implementation of all value guidelines of the constitutional system: people’s sovereignty, human rights, the rule of law in relation to the universal principles of modern constitutionalism - legality, proportionality, legal certainty, responsibility and subsidiarity in the legal provision of rights and freedoms person and citizen, the independence and impartiality of the court, the prohibition of the retroactive effect of the law, etc. (which are now doctrinally considered as components of the principle of the rule of law).

International Legal Regulation of Activities of States in the Great Mediterranean Region

INTRODUCTION. In modern international and domestic maritime law, regional fragmentation of legal regulation is becoming more and more noticeable, which, in turn, objectifies and actualizes the formation of complex arrays of legal norms, united by the consistency of the political and legal positions of the contracting states that have national interests in the relevant water area, primarily-coastal states extending their state sovereignty to certain areas of maritime space. In this context, the Greater Mediterranean region should be considered as one of the most important in the world merchant shipping and naval support of international peace and security, as a basin that optimally connects the Atlantic and Indian Oceans from the point of view of logistics, which requires the formation of an appropriate scientific and methodological basis for full implementation of the fundamental principle of international cooperation in the maritime policy of the states of the region.MATERIALS AND METHODS. To substantiate the expediency of singling out the Greater Mediterranean as an independent object of legal regulation, general and special international legal treaties, the domestic legislation of the Mediterranean states, as well as political and legal documents indicating the existence of certain disputes and situations around certain zones of the Mediterranean water area, primarily – in the Eastern Mediterranean region. To obtain reliable and substantiated results of the study, methods of scientific knowledge were used: formal-legal, logical, historical-legal, system-structural analysis. Thus, the formal legal method made it possible to clarify the content and meaning of international legal treaties concluded at different times and aimed at regulating public relations in the maritime sphere. The logical method made it possible to substantiate the need for comprehensive international cooperation of the coastal states of the Greater Mediterranean. With the help of the historical and legal method, an overview was made of both the world, Soviet and Russian practice of applying the norms of domestic and international law on issues related to ensuring international law and order in the Greater Mediterranean region. The logical method made it possible to build the necessary connections and patterns of development of international legal regulation in the Greater Mediterranean region in the general context of ongoing universal and regional political and legal processes and transformations. Using the method of system-structural analysis, it was possible to display a holistic picture of law-making and law enforcement of the Mediterranean states, aimed at the formation of unified principles and norms for the exercise of the sovereign rights of coastal states.RESEARCH RESULTS. International maritime merchant shipping seems to be a very complex area of public relations with a large number of entities that have different legal status and, accordingly, are related to each other in a very different way.DISCUSSION AND CONCLUSIONS. This work is devoted to the study of the main trends in the development of the Greater Mediterranean region in terms of formulating key international legal guidelines and rules of conduct for its constituent states. The object of the study is the legal relations carried out in the maritime spaces of the Greater Mediterranean as one of the key regions, which, along with its economic and political significance, is an integral zone for the implementation of the national interests of the Russian Federation, extending to the entire World Ocean.

Legal and tactical basis for conducting a search of a person’s residence or other property: identifying the ways to resolve the controversial issues

A search of a person's residence or other property is one of the most typical and, at the same time, the most complex investigative ( search) actions. Its purpose is to identify, record factual data on the event of a criminal offence or related event, find and seize the instruments of a criminal offence, property acquired by illegal means or items excluded from use by law, as well as to establish the location of the wanted persons. This investigative (search) action is associated with the restriction of the rights of the person in whose residence or premises it is conducted, who may not even be involved in the commission of a criminal offence. For this reason, it is important to ensure that the search is conducted in compliance with a number of legal and organisational principles, as well as using a set of effective tactical techniques.
 The legal basis for conducting a search is determined by the current criminal procedure legislation of Ukraine and the provisions of international legal treaties ratified by the Verkhovna Rada of Ukraine. With regard to the grounds for conducting a search, the actual grounds are the need to achieve the purpose set out in part 1 of Article 236 of the Criminal Procedure Code of Ukraine, and the legal grounds are the existence of a reasoned court decision in the form of a ruling by an investigating judge. At the same time, a large number of legal and normative regulations are subject to contradictions, which is why it is important to eliminate ambiguity in them, as well as to introduce into the practice of conducting searches proven tactical methods of applying this investigative (search) action.
 Today, it is important to resolve the issues of unification of the provisions of the criminal procedural legislation of Ukraine in terms of regulating the procedure for technical recording of a search, determining the scope of recording of actions and circumstances of the search, as well as determining the powers of the defence counsel to involve a specialist in the search, etc. Given the importance and controversy of this issue, it requires further in-depth and comprehensive research.

Legal principles of international cooperation of the National Police of Ukraine with foreign law enforcement agencies

Rapid integration processes require the establishment of effective cooperation both between governments and between their individual bodies, institutions and organisations in all spheres of society. Law enforcement activity is no exception, since its effective implementation is a guarantee for ensuring the formation of a security space both on the territory of the state and on its borders.
 The central place in the system of law enforcement agencies of Ukraine is occupied by the National Police of Ukraine, which is entrusted with many functions, including effective international cooperation with the bodies and organisations of neighbouring States, partner countries and international organisations. Based on the analysis of the legal literature, it is established that Ukrainian scholars have made attempts to outline the main aspects of international cooperation of the National Police of Ukraine, but insufficient attention has been paid to the legal framework. Therefore, based on a synthesis of theoretical developments of scholars in the context of studying the issues related to international cooperation between the National Police of Ukraine and other States, and an analysis of the provisions of the legal acts regulating the activities and procedure for interaction between the National Police and bodies, institutions and organisations of other countries, this article defines the legal framework for interaction between these entities. It has been stated that any form of international cooperation should be carried out in compliance with the following principles: legality, rule of law, partnership, efficiency, coherence of actions and means used, effective communication, and competence. It has been emphasised that it is fundamental to bring the provisions of national legislative acts in line with international legal treaties, which are the legal basis for international cooperation, in order to prevent any legal conflicts in this area. The article outlines the prospects for further research.

Law in the East Slavic legal-cultural space

The purpose of the study is to determine the main features, institutions and patterns of the development of law in the era of pre-state formations on the example of East Slavic state formations, as well as those state formations and states (the Grand Duchyof Lithuania, Ulus of Jochi, the Kingdoms of Poland and Hungary, Wallachian, and Slavic-Wallachian principalities, etc.), under the influence or power of which the aforementioned Eastern Slavic state formations fell in the studied period of the 9th–15th centuries. The term East Slavic legal-cultural space is used to denote this territorial and political massif. On the basis of a comprehensive analysis of historiography, the main theoretical approaches to the characterization of law at the pre-state and early state stages of the political development of society are determined. The main attention in the work is paid to the characteristics of specifically historical features of law and state power in the East Slavic legal-cultural space of the 9th–15th centuries. It is concluded that the law of Ancient Rus’ state formations is clearly distinguished from both the law of modern states and the traditional/primitive/archaic law, which arose and was formed in a naturally historical way. At the same time, this law is fundamentally different from the law of constituent states, which does not allow it to be classified as corporate law. At this stage, it seems logical to use one of the definitions of the Anglo-American Concepts of early law for this stage of the development of law:primitive or ancient law. Key words: Legal history, East Slavic, Kyivan Rus, Old Rus, state formations, Barbarian state, Medieval Law, Ancient Rus’ Law, Source of Law, oral law, written law, Legal Treaty.

Legal Nature of the Institution of Rendition (Extradition) of a Person for Criminal Prosecution or Sentence

The article is devoted to the study of a sharply debatable legal problem – the problem of the legal nature of the institution of rendition (extradition) of a person for criminal prosecution or execution of a sentence and its place in the system of law. The definition of the legal nature of any institution is of fundamental importance, because it determines its essential properties and relevant place in the legal system. In the theory of law, various judgments have been expressed on this issue. They can be summarized to seven positions, each of them is analyzed and assessed. A number of legal scholars proceed from the affiliation of the institution of rendition (extradition) to a certain branch of law (international, international criminal, criminal, criminal procedure). The author of the article adheres to the position on the polysystemic nature of the institution of rendition (extradition), on the basis that it cannot be referred to only one branch of law, since it is most closely interconnected with a number of branches of law: international, state, criminal, criminal procedure. The institution of extradition is also assessed in terms of the currently emerging new branches of the modern legal system – international criminal law and international criminal procedure law. The article criticizes the judgment that extradition is an independent institution in relation to international cooperation and international legal assistance. The author›s position in this matter is based on the fact that the institution of rendition (extradition) is a type of international assistance, which is an integral part of international cooperation regulated by international legal treaties and national legislation.

International protection of human rights during armed conflicts

This article is devoted to consideration of issues that cover the most sensitive and popular topics of today, in particular, the protection of human and citizen rights during escalation, assistance in the protection of fundamental rights by the international representation. Respect and protection of human rights is one of the leading principles of international law, enshrined in international legal treaties. All countries must adhere to the principles of freedom, democracy, respect for human rights and fundamental freedoms.Human rights, which are enshrined in current international legal treaties, are the result of the long-term historical development of social and political thought, the gradual formation of standards that have become the norm for the life of a modern democratic society. The author examines the provisions of the most famous international documents related to the protection of human rights during an armed conflict: the Convention for the Protection of Human Rights and Fundamental Freedoms, the additional protocol to the Geneva Conventions of , relating to the protection of victims of armed conflicts of a non-international nature (Protocol II) of June 8, 1977 year, the International Covenant on Civil and Political Rights of December 16, 1966 and other international documents relating to armed conflicts of a non-international nature. The international system of human rights protection is part of the system of international relations as a whole, but on the other hand, it is a system of international law, forming one of its branches. There are three main points of view regarding the place of human rights in international relations. According to the traditional statistical approach, human rights are a matter of sovereign state jurisdiction and continue to be a secondary object of international relations. There is a need to ensure human rights under any circumstances. An important priority in international cooperation is the protection and guarantee of human rights during armed conflicts and conflicts of a non-international nature. To date, international law refers to armed conflicts with condemnation, aggression, and prohibits any kind of war in general. But unfortunately, this is our reality of modern stages of human development.

International Perspective on Securing Cyberspace Against Terrorist Acts

This research reviews the legal framework for protecting the security of cyberspace from terrorist acts, using the following approaches: the legal approach, the descriptive approach, and the analytical approach. This is achieved by gathering knowledge and data on the protection of cybersecurity and analyzing the different tools and methods that terrorist organizations use to implement their cybercrimes. The goal is to find ways to overcome the various challenges that terrorists pose to regional (Arab-wide) and international cybersecurity systems to find mechanisms and solutions to deal with this phenomenon effectively and to reduce its increasing risks to people and the security, stability, and economies of nations. The most significant conclusion that was reached is the need to continue international efforts to strengthen the fight against cyberterrorism and to establish a binding legal treaty in this regard so as to prevent further harm to the safety of the international community.

Mechanisms for implementing the provisions of climate change international legal treaties in the forestry sectorof the Russian Federation

Mechanisms for implementing the provisions of climate change international legal treaties in the forestry sectorof the Russian Federation

Some Issues of Conflict of Laws in International Technology Transfer

This article analyzes some issues of regulation of international technology transfer, in particular regarding the conflict of laws. Author discusses the conflict regulation of relations on the cross-border transfer of rights to objects of intellectual property, some best practices and comes to opinion that it is appropriate to enshrine the relevant conflict of laws rules in a unifying international legal treaty.

Fraud Prevention Strategies: An Integrative Approach on the Role of Forensic Accounting

This study examined the role that forensic accounting play in aiding the success of fraud prevention strategies in combating frauds at both corporate and national levels. The study adopted the exploratory research design methodology involving extensive review of published articles, periodicals and other materials relevant to the subject matter. The study found that while the use and deployment of forensic accounting tools and techniques have made appreciable progress in the developed world, its appreciation and usage in emerging economies is still at the embryonic stage due to lack of political will, poor ethical tone set by management and dearth of skilled forensic accounting professionals. It therefore recommended that to ensure sustainable success of fraud prevention strategies, management of both public sector and corporate entities should demonstrate the needed political will and set the right ethical tone at the top through their actions and activities. Similarly, efforts should be made to continually upskill anti-fraud staffs (internal audit, forensic accountants, forensic investigators) through trainings and awareness programs on the latest fraud prevention methodologies. Also, that in view of the rising cases of cybercrimes, nation states should urgently consider the signing and implementation of legal treaties and frameworks to combat the scourge.

تحول القواعد الدولية الاتفاقية إلى عرفية

International custom is one of the oldest sources of public international law, and it is credited with forming this law. However, it differs from international conventions as they are basic sources in that the latter is broader, clearer and more specific, while international custom is characterized by its ambiguity and breadth of comprehensiveness. Therefore, countries sought to codify the rules of international custom in written documents in the form of multilateral or legal international treaties. You find the broad scope of the obligation of these treaties in contravention of the principle of relativity of the effect of treaties. If it is possible to transform customary rules into convention rules, the opposite is also true. Convention rules can be transformed into customary rules by the abundance of text in the treaty documents and their frequent follow-up. You will find that the convention rule turns over time into a customary rule that states are bound by, whether they are parties to the treaty or not. This is certainly after the availability of the basic conditions that the international custom necessitates in its formation, which are the material pillar represented by the repeated behavior in adopting the agreement text, and the moral pillar represented by the mandatory belief towards this text.

Science of international law – since ancient times!

In modern doctrine, the emergence of science of international law in the ancient world is often overlooked or even outright denied. However, the most ancient legal treaties contain separate norms of international law, the formulation and application of which should have been carried out by specialists familiar with past and existing practice. In connection with the above, it seems relevant to understand the issue of the moment when the science of international law emerged. It is advisable to conduct a study of the works of ancient philosophers and legal scholars to formulate conclusions that international law has existed since the formation of the first states and is a consequence of the transfer of basic legal principles from domestic relations to external interstate ones. The research methodology is determined by its sources. The use of comparative, formal legal, historical research methods made it possible to achieve this goal. Based on the names and works of thinkers of ancient countries (China, India, Greece, Rome), it is argued that international legal thought existed in the ancient world. In conclusion, it is concluded that neither international law, nor its science were created in Europe in the XVIXVII centuries, as some researchers say. Both the emergence itself and the study of international law are objective processes that political life demanded and generated much earlier.

Legal Means of Legitimation of the Head of State's Title in Russia (X-XIX centuries)

The article is devoted to the analysis of legal means of legitimizing the title of monarch in the Russian history during the X-XIX century. The titles of rulers that were constantly officially used in the practice of the Russian state are investigated: prince, grand prince, sovereign (tzar), and emperor. The work is based on documentary sources, such as chronicles, charters, testaments, and treaties, both international and interterritories, as well as legal acts. It is established that the oldest title of «prince» in the era of the early and appanage state was formalized by legal treaties and a princely testament. The title of «Grand Prince» during the reign of the Golden Horde also depended on a special document – a label for the great reign. The title of «sovereign» («tzar») was initially legitimized by legal treaties and church-and-secular acts. But it was the title that was first announced with the help of a targeted normative legal act. In the future, the normative legal act will become the main legal ways of legitimization of the Russian monarch title. As a result of the study, several laws were revealed in the development of legal forms of the title of monarch legitimization. Firstly, their evolution begins in the era of the formation of the state with a complex of various legal means (legal treaties, testaments, etc.) with historically established non-legal instruments (customs, traditions) and ends in the XIX century by a normative legal act. Secondly, the most diverse sources of law were used at an early stage of the development of the state in relation to the princely (grand-princely) titulature: they included legal treaties, testaments, labels for reign and partially sources similar to normative legal acts. Thirdly, the legal regulation of the titulature evolves from single cases to the constant and unchanging practice of issuing a legal act on the accession to the throne of each new ruler.