The article examines the problem of defining procedural rules (fair trial rules or rules) of the European Court of Human Rights, which it uses in criminal proceedings to assess the fairness and effectiveness of trials in national courts. A study of the practice of the ECHR over more than six decades has shown that the supranational court does not offer a definition of the concept of «rule». One of the difficulties in implementing the procedural rules of the ECHR, the authors established, is the lack of a definition of this concept in the practice of the supranational body. A problem arose in the study of this concept. The first step in solving the highlighted problem was to clarify the legal essence of the concept of «rule» in Ukrainian and foreign dictionaries. The need is also caused by the fact that the Criminal Procedure Code of Ukraine does not include the concept of «rule» in the list of basic terms, although it is found in the text of individual articles. The following approach was used in the study: the structure of the concept of «rule» in Ukrainian and foreign dictionaries was studied; this structure was used as the basis for a model of the concept of «rule» in criminal proceedings. Based on the content of the components of the concept of «rule» in criminal proceedings and their synthesis, a legal definition of this concept was established. To avoid errors in revealing the content of the proposed definitions, we relied on the general approach to defining any concept offered by the science of «Logic». In addition, the proposed definitions were checked for consistency by comparison. Finally: we managed to propose several legal definitions of the concept of «fair trial rules.» Some of them are as follows. A rule is a set of procedural actions of the court that determine the procedure for conducting a trial in criminal proceedings, aimed at maintaining its fairness based on the balance of evidence for the prosecution and defense. A rule is a set of procedural actions of the court developed by the ECHR to regulate the course of a trial in order to ensure fairness to the parties to criminal proceedings. A rule is a procedural guideline that directs a court, under specific circumstances, to conduct a fair trial in a criminal proceeding.

This article considers how notions of sovereignty and solidarity influenced the response to boat refugees at sea between 1979 and 2001. It argues that states responded with prolonged solidarity when helping boat refugees served to support their foreign policy goals and fitted with the moral zeitgeist. When such conditions did not exist, states successfully used the legal ambiguity of the sea to intercept, repatriate and in some cases strategically confine boat refugees to offshore detention centres located beyond the reach of national courts. Restricting boat refugees on the high seas served to bolster governments’ claims that they could control unwanted immigration and, in doing so, rescue their territorial sovereignty. Yet this created a notable paradox: by allegedly preserving territorial sovereignty in their dramatic and very visible border spectacles with boat refugees, governments felt it necessary to cheat national and international law.

This study examines the comparative characteristics of ad hoc arbitration and institutional arbitration, with particular emphasis on the arbitrator appointment process and its impact on arbitral proceedings and outcomes. The research employs a normative juridical approach supported by comparative analysis of legal frameworks, arbitral practices, and relevant scholarly literature. The findings indicate that the method of appointing arbitrators plays a decisive role in shaping procedural fairness, the legitimacy of arbitral awards, and the effectiveness of their enforcement. Ad hoc arbitration offers substantial flexibility for the parties to determine arbitrators based on mutual agreement, yet this flexibility may generate legal uncertainty when appointment mechanisms are inadequately regulated. In contrast, institutional arbitration provides structured appointment procedures, ethical standards, and administrative oversight, which contribute to stronger legitimacy and higher acceptance of arbitral awards by national courts. The study concludes that institutional arbitration tends to offer greater legal certainty and enforceability, while ad hoc arbitration remains viable when supported by clear contractual arrangements. These distinctions highlight the strategic importance of arbitrator appointment mechanisms in achieving effective dispute resolution through arbitration.

Arbitration is a beneficial alternative conflict resolution process for parties in a variety of ways, and these include; independence for each party in handling their disputes, right to choose a neutral forum avoiding being subject to the jurisdiction of the other party's home court, and enabling them to select arbitrators with knowledge of their respective industries, helping the parties to choose an impartial forum. Furthermore, because of their convoluted processes and potential language hurdles, some parties might not trust the national courts. Over the years, several authors have questioned the role of courts and resort to courts in arbitration matters. The aim of this paper is to examine whether court’s interference with arbitration is avoidable or inevitable. The methodology adopted in this paper is doctrinal as it examines primary sources of law such as statutes, cases and secondary sources such as opinion of scholars on the subject under discourse. The paper finds that if stakeholders demonstrate the will power to wrest arbitration from the jaws of litigation, it is not only possible but doable. The paper recommends among others, that the constitution may need to be amended in order to insert arbitration under the exclusive legislative list in order to ensure that the Arbitration and Mediation Act 2023 is amended to position it as covering the field and ensure its mechanism and appellate rights and processes are handed over to the Arbitration Review Panel as a body of second instance from which final appellate decisions must be implemented with minimal state participation.

With the adoption of the EU Nature Restoration Law in June 2024, EU Member States will have to upscale their wetland restoration actions in the coming years. However, increasingly large‐scale wetland restoration projects face challenges in national courts because of stakeholder opposition, revealing a multitude of legal barriers that might arise. This paper examines recent court cases launched against wetland restoration projects in Flanders, a region in Belgium once characterized by vast wetlands and marshes. The conclusion shows that no legal action against wetland restoration projects has succeeded, since judges tend to back the ecosystem services wetlands offer, including flood protection and biodiversity conservation. The case law examined demonstrates that public benefit takes precedence over personal issues like fears of more mosquitoes or property‐related concerns. According to case law, comprehensive and precise Environmental Impact Assessments that pinpoint and analyze all potential negative impacts of wetland restoration programs are essential for large‐scale wetland restoration projects and to defend them legally. In summary, the case law analysis shows that wetlands are viewed more favorably now, unlike past negative cultural views.

The interpretation of norms is a key condition for their application in law and allows for a uniform understanding, which is critically important for preventing double taxation and ensuring predictability in law enforcement practice. That is why the subjects of the interpretation of double taxation avoidance agreements in the Russian Federation, as well as the criteria for qualifying interpretation as official or unofficial, are the focus of this study. The classification determines whether the result of the interpretation has binding force. An important aspect of the research is the determination of the consequences arising from official and unofficial interpretations of double taxation avoidance agreements. Questions regarding the legal force of official interpretation, its binding nature for taxpayers and tax authorities, as well as the role of unofficial interpretation in the enforcement process, are analyzed. In writing this article, analytical, deductive, inductive, systemic, and functional research methods were employed. The author provides examples of interpretation of double taxation avoidance agreements by various subjects, including their parties, national courts, tax authorities, and taxpayers. The goal of the article is to identify the subjects whose interpretation of double taxation avoidance agreements will be considered official and have obligatory significance. The author analyzes the significance of the mutual agreement procedure as a method of interpreting tax agreements and substantiates the qualification of the results of this procedure as official interpretation of double taxation, relevant for an indefinite group of persons. Unfortunately, the legal status of the results of mutual agreement procedures is not regulated anywhere. The author argues for the necessity of amending double taxation avoidance agreements to give the results of mutual agreement procedures binding force and also proposes a draft text of such amendments.

<div> This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law, and the ways in which the European Commission’s overarching policy goals can influence the application of competition law. </div> <div> <br> </div> <div> The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years, the Commission has exerted more and more influence over the development of the regional and global airline industry, and this book identifies the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of Irish beef processing, on the other hand, identifies a high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and then demonstrates how the economic context exerted considerably more pressure on the government and the national court than on the competition authorities involved. </div>

The relevance of the study is determined by the need to improve theoretical and practical approaches to the investigation of war crimes, ensuring their effective detection and documentation in the process of proof. The purpose of the study was a comprehensive investigation of the structural elements of the criminalistic characteristics of war crimes provided for in both Article 8 of the Rome Statute of the International Criminal Court and Article 438 of the Criminal Code of Ukraine, considering the practice of national and international courts, and the development of proposals for optimal ways of Investigation. The methodological basis of the research was formal legal, comparative legal, dogmatic, systematic methods, empirical study of investigative and judicial practice. The practical basis of the study was the materials of criminal proceedings on the fact of committing war crimes committed on the territory of Ukraine, and the case law of international (special) tribunals. As a result of the research, the content and structure of the criminalistic characteristics of war crimes were clarified, its significance for establishing the circumstances to be proved was determined, and key problems that affect the process of proof in an armed conflict were identified. Attention was paid to the contextual signs of violations of the laws and customs of war, which were integrated into the criminalistic characteristics of war crimes, as system-forming elements that determine the specifics of investigations, considering the method of commission, the mechanism of the event, the identity of the criminal and the victim, socially dangerous consequences, and their relationship with what was committed. For the first time, forensic signs of war crimes were systematised, considering international legal qualifications and specific conditions of investigation. The practical significance of the results obtained lies in the possibility of their use in the practical activities of the pre-trial investigation bodies, the prosecutorʼs office and the court to increase the effectiveness in the investigation process and prove the guilt of persons involved in violations of the laws and customs of war

Forensic psychiatry assessment and human rights in Ukraine: response to Butenko et al's paper 'Forensic psychiatry misuse in proceedings of administrative offenses' (2023)Type of submission.

The legal boundaries of freedom of speech regarding expressions on Palestine have increasingly come to the fore, especially after October 7, 2023, and the subsequent developments in Gaza. The widespread protests, legal actions, and government-imposed restrictions across the Europe have sparked crucial debates about the extent to which political speech can be limited under the pretext of public order or national security. These developments have intensified the debate on how national courts and the European Court of Human Rights (ECtHR) address the fine line between protecting freedom of expression and curbing hate speech. Therefore, it is examined the evolving case law of the ECtHR and precise national court rulings pertaining to freedom of expression on Palestine. Key cases as regards the extent to which restrictions on such expressions comply with Article 10 of the European Convention on Human Rights (ECHR) are analyzed. While national courts often reverberated political sensitivities, the ECtHR has consistently reaffirmed that political activism and discourse -such as calls for boycotts- deserve strong protection in democratic societies. However, distinctions emerge based on the speaker’s identity and the context of the speech. By providing a comprehensive legal analysis, this research highlights the ECtHR’s role in ensuring that freedom of expression remains safeguarded amid contentious political realities.

The purpose of the research. Currently, jurisdictional immunity of States is undergoing a certain transformation. An approach reflecting its limited nature is already provided in the 2004 UN Convention on Jurisdictional Immunities of States and their Property, and it is gradually being embodied in national legislation. For example, ten years ago, Russian Federation adopted the Federal Law on Jurisdictional Immunities of a Foreign State and Property of a Foreign State in the Russian Federation, which, among other things, enshrined the possibility of limiting immunity based on the principle of reciprocity. The question of the limits of state immunity has repeatedly been the subject of consideration in international and national courts. The most well-known of these cases is the 2012 Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening), which was heard by the International Court of Justice. This dispute between States had some continuation, and Germany again instituted proceedings before the International Court of Justice against Italy in 2022. This article examines the nature of State immunity in the context of modern approaches reflected in international treaties, judicial practice and national legislation. Results. At present, despite the complex influence of a number of external factors, the customary norm of State immunity in respect of acta jure imperii remains stable.

This article analyzes how the Argentine Transitional Justice Process (ATJP) enabled the judicial recognition of the Armenian Genocide through domestic mechanisms anchored in international human rights law. Argentina’s determination in the Armenian Genocide Truth Trial (2001–2011) constitutes the first and most rigorous judicial finding on the genocide by any national court, grounded not in memory politics or diplomatic pressures but in binding legal standards. The article examines how an Argentine federal chamber upheld the right to truth of a descendant of genocide survivors and applied the principle of inapplicability of statute of limitations to state-denied genocidal crimes, issuing an unprecedented ruling despite the absence of an accused before the court. This decision shows that when international or diplomatic routes are blocked, domestic courts can still give effect to international legal norms, especially when backed by sustained civil society engagement. The emphasis is on the transnational application of Argentine jurisprudence to historical atrocities, while selectively referencing Argentina’s broader experience in prosecuting crimes against humanity, including the 1985 Juntas Trial and the ESMA III-Death Flight Section Trial. The article asserts that Argentina’s definition of the right to truth as an independent legal obligation, conceptualized by Juan E. Méndez and implemented via truth trials, and the intertwined adoption of the five pillars of transitional justice mechanisms (truth justice reparations memory and guarantees of non-recurrence), provides a persuasive avenue for enhancing genocide recognition through legal innovation. The study posits that by positioning domestic adjudication as a venue for global norm creation, Argentina’s methodology bolsters the international human rights framework, challenges denialism, and underscores the legal importance of remembrance following mass atrocities.

This article is devoted to the study of the issue of human rights protection in Ukraine in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, as well as on the basis of the case law of the European Court of Human Rights. The author examines the historical development of human rights and their protection in Ukraine, based on the main legal acts in force in different historical periods of Ukraine's development. The relations between Ukraine and the Council of Europe in terms of human rights protection were studied. The author analyses international legal instruments, in particular, individual conventions of the Council of Europe on human rights to which Ukraine is a party (in particular, the main focus is on the European Convention for the Protection of Human Rights and Fundamental Freedoms) and their place in the system of Ukrainian legislation, and also examines the issues of national implementation (process and time of accession / succession / ratification) of the Council of Europe conventions on human rights. The author highlights how the obligations to protect human rights arising from the ECHR are reflected in the Constitution of Ukraine. The author analyses the main legislative processes in Ukraine due to the ECHR, as well as the most significant cases considered by the ECtHR against Ukraine, their main points, and how the decisions on the latter affected Ukrainian legislation and human rights and their protection in general. The author concludes that the Council of Europe conventions, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms, have a significant impact on the protection of human rights in Ukraine, as they set common European standards that contribute to the improvement of national legislation and practice. In addition, the ECHR guarantees fundamental rights and freedoms such as the right to life, liberty and security of person, fair trial, freedom of thought, conscience and religion, and protection from torture and inhuman or degrading treatment. Ukrainian citizens have the right to apply to the European Court of Human Rights in case of violation of their rights guaranteed by the ECHR. This provides an additional level of protection when all national remedies have been exhausted. ECHR judgments against Ukraine often become the basis for changes in national legislation and court practice to bring them into line with the standards of the Convention. Ukraine's ratification of Council of Europe conventions and implementation of their provisions is an important tool for improving the human rights protection system, raising standards of democracy and the rule of law, and adapting national legislation to European norms.

Background: New court decisions of the Court of Justice of the European Union change the paradigm of assessing on-call duty outside the workplace for healthcare workers so that it can be considered working time in certain circumstances despite the current wording of Section 96 of the Labor Code. The transposition of the conclusions of certain court decisions into the Labor Code would significantly contribute to the improvement of the working and wage conditions of healthcare workers. Objectives: The primary goal of the paper is to identify, thoroughly assess, and organize the fundamental theoretical and legal principles behind the judgments rendered by the Court of Justice of the European Union, along with decisions from national courts concerning the concept of working hours, particularly on-call duty. This objective aimed to highlight a potential shift in how working time is evaluated. Methodology: We conducted a search and retrieved national and European court decisions, encompassing 43 judgments from the Court of Justice of the European Union and 22 from national courts. This process involved using the CURIA system, as well as the search systems provided by the Ministry of Justice in both Slovakia and the Czech Republic, including commercial databases housing court decisions and legal rulings (APSI, Judikaty.info) Results: We identified two categories of Court of Justice of the European Union rulings, which were subsequently mirrored in national court decisions. Both sets of decisions examined the evaluation of on-call duty (employee staying outside the workplace), but they diverged in their interpretation of whether it qualified as working time. If an employer mandated that an employee on on-call duty (staying outside the workplace) must be ready to report to work within a specific timeframe (e.g., 20 minutes) if required for work duties, this represents a limitation on the employee’s freedom to manage their leisure time to such an extent that this period could be considered part of the employee’s working hours. Conclusion: Based on recent judicial decisions by the Court of Justice of the European Union, it can be inferred that Section 96 of the Labor Code, which does not categorize on-call duty if an employee stays outside the workplace as working time, contradicts Directive no. 2003/88/EC. Given a comprehensive examination of the case’s circumstances and an evaluation of the impact on the employee’s off-duty rest periods, if the employee is deprived of the autonomy to manage their leisure time at their own discretion due to the employer’s specific instructions during off-site on-call duty, this time period may also qualify as working time.

Introduction. Forensic medical aspects of documenting the bodies of victims of war crimes in Ukraine are critically important for forming a reliable evidentiary basis in national and international courts. However, practice in active combat zones is complicated by resource shortages, overcrowded morgues, and challenges in adhering to “chain of custody” standards. Aim. To analyze the forensic medical documentation of bodies of victims of war crimes in Ukraine, assess the application of international standards, and evaluate their significance for the recognition of forensic results in national and international courts, including the International Criminal Court. Materials and methods. The study materials included forensic medical examinations (with protocols of the crime scene and body inspections) conducted in de-occupied regions of Ukraine, Ukrainian normative and legal documents (Criminal Procedure Code, Ministry of Health orders), and relevant international standards and protocols. Results. Analysis of the practice of forensic documentation of bodies of victims of hostilities in Ukraine since 2022 revealed several complex issues: organizational and legal challenges, heterogeneity in recording bodily injuries, violations of the chain of custody, limited use of modern technologies, and insufficient legal training of medical personnel (75.6% of body and injury descriptions were incomplete or contained fundamental errors, complicating forensic assessment). Conclusions. The development and implementation of a unified clinical-forensic approach in wartime will facilitate more effective documentation, investigation, and prosecution of crimes against life, health, sexual freedom, and personal inviolability, by improving medical recording and preservation of evidence.

Designations of origin are also protected when their characteristic ingredient is used in products other than those to which they are directly related. The mere fact that the quantity of the ingredient in such a product complies with the specification of the designation is not sufficient to exclude infringement of the right, particularly in terms of exploiting the designation's reputation. This is determined by the taste of the product, in which the said ingredient must be clearly perceptible. However, the CJEU judgment in this case, concerning Champagne contained in an ice cream dessert, did not specify precisely whose taste should be used to determine the presence of the essential characteristic of a given designation of origin in the product. This ambiguity, coupled with the additional unavailability of the sorbet on the market, caused the German courts, as national courts implementing the assumptions and guidelines adopted in the aforementioned judgment (and also in the Advocate General’s opinion), to apply a methodology for determining taste that raises serious doubts, particularly in terms of evidence.

This article analyses the mobilisation law status of the clergy in Ukraine during the period of martial law. In the fourth year of the full-scale war in Ukraine, the regulatory framework that defines the procedure for the fulfilment of military duty by clergy is still being developed. However, at present, depending on age, health status, affiliation with specific religious organisations, education and personal desire, the mobilisation status of different members of the clergy may vary. Therefore, based on common characteristics, this article identifies several areas for the implementation of such mobilisation status. These include alternative (non-military) service for clergy belonging to religious organisations whose beliefs prohibit the use of weapons, chaplaincy service, issuing of clergy reservation and basic military training for students at higher educational institutions established by religious organisations. In addition to academic sources, this study also examines normative acts, individual decisions of the European Court of Human Rights and national courts, the amicus curiae brief by the Venice Commission and information from statistical sources and mass media.

The article examines the specifics of the burden of proof in the International Criminal Court. It is noted that in the International Criminal Court, as in international human rights bodies, the presumption of innocence, which is fundamental to the protection of human rights, places the burden of proof on the prosecution. Rebuttal of the accusation is a right, not an obligation, of the accused; the accused has the right to remain silent and not to present any evidence, as expressly provided for in Article 67(1) (g) of the Rome Statute. It is noted that the defence also has the right to present evidence. If it decides to present evidence, the Trial Chamber may set time limits and request information regarding its presentation, including: (a) a summary of the evidence on which the accused intends to rely; (b) the estimated duration of the examination of witnesses and discussion of other evidence; (c) the number and identity (including any pseudonyms) of witnesses to be called; and (d) the disclosure of evidence. In raising the grounds for exemption from criminal responsibility, the defence is required to present evidence in support of its claims. It is emphasized that, unlike in national courts, where the prosecution may be presented by the victim, in the International Criminal Court the burden of proving the guilt of the accused is solely the function of the Prosecutor. It is emphasized that victims retain the right to present evidence regarding the guilt or innocence of the accused and to challenge the admissibility or relevance of the evidence during the trial. The Rome Statute, under Article 68 (3), establishes for the first time the right of victims to participate in international criminal proceedings; this right may be exercised if the personal interests of victims are affected at the stages of the proceedings determined by the Court to be appropriate and in a manner that does not prejudice or conflict with the rights of the accused and a fair and impartial trial. Particular attention is paid to the participation of legal representatives of victims in the presentation of evidence in accordance with the Rome Statute and the practice of the International Criminal Court.

The article provides a systematic legal analysis of the role of Ukraine’s judicial and law-enforcement bodies in the implementation of anti-corruption policy in the context of the state’s European integration commitments. On the basis of the Constitution of Ukraine, special anti-corruption legislation, the Anti-Corruption Strategy for 2021–2025, as well as empirical data of judicial statistics and international assessments, it examines the transformation of the institutional architecture of anti-corruption efforts – from a fragmented model to a specialized multi-level infrastructure. The article outlines the legal status and functional specificity of the NACP as the centre for preventive policy, NABU as a body for pre-trial investigation of high-level corruption, SAPO as the core of prosecutorial guidance, HACC as a specialized court authorised to adjudicate particularly complex corruption cases and cases on unexplained assets, as well as the SBI, the prosecution service, the National Police and courts of general jurisdiction as elements that ensure the delineation of investigative jurisdiction and the maintenance of public prosecution. It is shown that, despite the institutional strengthening of anti-corruption bodies, conflicts and gaps in criminal-law and procedural regulation, inconsistency of judicial practice, staffing and resource constraints of specialized bodies, as well as risks of external influence on these institutions, still persist. It is argued that the further development of the anti-corruption infrastructure should be aimed at clarifying the boundaries of investigative jurisdiction, enhancing the capacity of the judiciary and pre-trial investigation bodies, improving mechanisms for asset recovery and protection of whistle-blowers, as well as deepening institutional integrity as a key criterion for the genuine implementation of the rule of law and Ukraine’s readiness for integration into the European legal space. Particular attention is paid to the functional division between preventive, investigative-prosecutorial and judicial components, which likewise requires coherent procedures for the detection, investigation and adjudication of corruption offences. The article emphasizes the importance of specialization of judges and prosecutors, the development of internal control systems and cooperation with civil society in order to foster a culture of zero tolerance for corruption.

This paper presents a comprehensive comparative study of the legal regulation of smart contracts in the United States and the People’s Republic of China, taking into account both theoretical frameworks and practical applications. Smart contracts are examined as both technological and legal instruments that facilitate the automation of contractual obligations, enhance transactional transparency, and streamline the management of digital assets within the digital economy. The relevance of this research arises from the rapid integration of blockchain technology into the financial sector, public services, international trade, logistics, and insurance. Nevertheless, despite the widespread use of the technology, the legal status of smart contracts and their recognition by national and international courts remain subjects of academic and professional debate. The methodological basis of this study combines comparative legal analysis, a systematic review of regulatory acts and judicial practice, an examination of academic literature, and the synthesis of information from diverse sources. This research highlights the key features of the Chinese and American regulatory models. The Chinese model is characterized by centralized control, where smart contracts are integrated into state-backed digital platforms, including the Blockchain-based Service Network (BSN) and the digital yuan. This approach ensures standardization and security, however constrains the pace of innovative adoption. By contrast, the American model demonstrates flexibility and fosters innovation by recognizing program code as a legally significant instrument under digital transactions and contract law (e.g., the E-SIGN Act of 2000 and various state laws). However, it lacks clear standards and uniform security protocols.