Interpretation Of Norms Research Articles

The in dubio pro natura principle in the light of scientific evidence:state responsibility

The In Dubio Pro Natura has evolved as a separate principle from the precaution principle under environmental law. This article aims to analyse both the In Dubio Pro Natura principle and the precaution principle in the light of scientific evidence and state responsibility. The precaution principle applies as a general rule in cases in which there are potential risks of serious environmental damage irrespective of the existence of scientific certainty over the said risks. On the other hand, the In Dubio Pro Natura principle offers a higher degree of protection to the environment and their interests than the obligation to act with precaution since it is the basis for preferring the interpretation of norms that grants the highest degree of protection to the environment. The author of this article, argues that in scenarios in which state authorities have a higher degree of responsibility over the handling of a situation and could control the adverse effects of a threat to the environment, public health or sustainability, for instance in extractivist projects, the use of the In Dubio Pro Natura principle should be preferred. Conversely, this article examines the global fight against climate change and the setting of global goals in one hand and the potential risks new technologies may have over biodiversity on the other as two examples where the In Dubio Pro Natura principle cannot be applied. In the first case, there is scientific consensus over the urgency to address climate change. However, in spite of global commitments, the individual state responsibility and control over this course of action is weak. In the second scenario, the author refers to the regulation to the use of new technologies where national authorities exercise a higher degree of control in cases where there is not enough certainty over the risks posed to the environment or public health. In these cases, the precaution principle is preferred.

Efficiency of International Law Mechanisms for Human Rights Protection in Education

Objectives. The study deals with international law mechanisms for human rights protection in education. The aim of the study is to analyse and evaluate the effectiveness of international law mechanisms for human rights protection in education. Theoretical Framework: The theoretical basis of the research was made up of the scientific works of scientists, quality and qualitative indicators of research, and the regulatory and legal framework. Methods: The research employed the method of comparison, visual graphic methods, a set of methods of processing, comprehension and interpretation of information. Results and Discussion: The study established the most common types of violations in the field of education, in particular: violation of the right of national minorities to education; impossibility of choosing the language of instruction; failure to provide inclusive education; discrimination against people with mental illness. Specific manifestations of the effectiveness of international law mechanisms for the human rights protection in the field of education are singled out, in particular: increasing public awareness and transparency of government activity, etc. Research Implications: The study gave grounds to draw the conclusions regarding the difficulty of proving the existence of violations in education. Attention is drawn to the subjectivity of the European Court of Human Rights (ECHR) and the ambiguous interpretation of norms enshrined in international legal acts. Originality/Value: The research is original, based on official data and the author's own conclusions, and has practical significance.

Criminal protection of secrecy: Kazakhstan and some European countries

At the present stage of the formation of society, the spread of confi-dential information and state secrets acquires extreme importance. The law protects all possible interactions with such information, that is col-lection, formation, use, and distribution. At the same time, actions vio-lating the law on the protection of secrecy is a priority for the policy of Kazakhstan. The relevance of the research stems from the need to study the aspects of criminal protection of restricted access infor-mation, taking into account international experience. The article aim is to analyse the specific features of criminal-legal protection of restricted access information on the basis of a comprehensive analysis of the current legislation of some foreign countries and analyse the European Court of Human Rights case law. The methodological basis of the study was the general scientific methods of legal phenomena as fol-lows: dialectical, structural-functional, formal, system analysis and synthesis, and special scientific methods inherent to theories of law such as comparison interpretation of legal norms. The complex appli-cation of different methods of scientific knowledge is aimed at ensur-ing the validity of the conclusions and reasoning of the proposals made as a result of the research. The study drew attention to the fact that in the international legal doctrine there are different views on the correla-tion of terms "personal data", "protection of secrecy", "protection of privacy". The practice of the European Court of Human Rights in pro-tecting the right to privacy, foreign experience in regulating the secret protection and international legal instruments in the field of restricted access information were examined. A number of changes were pro-posed as follows: the unification of the general legal definition of "se-cret" in the legislation of Kazakhstan and replacement of "secret" by "privacy" with subsequent argumentation in some cases; changes in the terminology of legal concepts; and amending the legislative base of the Republic of Kazakhstan. The materials of the article can be useful for teachers and students of legal disciplines, practising lawyers, the repre-sentatives of the legislative branch of government and anyone who is interested in the area of criminal protection of secrecy.

Pentecostal Eschatology, Public Discourse and Political Engagement in Chile

This article explores the intricate evolution of Chilean Pentecostals from apolitical and socially detached citizens to ardent supporters of the country’s dictatorship. The aim is to challenge prevailing historical assumptions that explain the transformation through factors exogenous to the movement as well as long-held interpretations of their eschatological dispositions. It looks to revisit their early theological commitments and millennial concerns, complicating scholarly claims that the movement reflected a clear premillennialist orientation which has been held up to explain their enduring reluctance to enter the political sphere prior to the 1973 military coup. By examining early Pentecostal publications, this article reveals a religious movement shaped by pneumatological expressions, Methodist beliefs and local autonomy. Contrary to normative interpretations, it argues that Chilean Pentecostals’ longstanding unwillingness to engage in political change was not a forgone conclusion rooted in their theological commitments. Political engagement was always a possibility rather than a clear deviation. This research contributes to a more nuanced understanding of Chilean Pentecostalism, shedding light on the complex interplay of theology, historical context and scholarly interpretations that have shaped our understanding of the movement’s political trajectory.

Open peer commentary and author response regarding ‘Reconsidering normative interpretations in personality research’

Open peer commentary and author response regarding ‘Reconsidering normative interpretations in personality research’

The category of legal obligation in the judicial practice of the ECtHR

It is indicated that the category of duty, as opposed to the rights and freedoms of a person and citizen in the context of studying the content of the Convention and its interpretation in the practice of the ECtHR, has not yet become the subject of a comprehensive study. That is why we believe that the study of the understanding of the obligation in the content of the Convention and the corresponding practice of the ECtHR will be of urgent importance for legal science. The activity of the European Court of Human Rights on the application and interpretation of the Convention on the Protection of Human Rights and Fundamental Freedoms is increasingly gaining importance, particularly in the aspect of interpreting certain legal phenomena. The reason for this trend is the fact that the norms of the Convention on the Protection of Human Rights and Fundamental Freedoms are formulated extremely comprehensively from a content point of view, so their meaning in all the variety of content manifestations is revealed precisely in the practice of the European Court of Human Rights. The interpretative activity of the ECtHR is also of great importance for ensuring the principle of legal certainty. It is the interpretation of legal norms that allows the subject of law to understand their essence, purpose and purpose, as well as to correctly use such norms in certain legal situations. In addition, the interpretative activity of the Strasbourg Court is a tool for increasing the effectiveness of the implementation of convention norms and the level of protection of the legal rights and freedoms of a person and a citizen. And although the practice of the ECtHR does not provide us with definitions of legal obligation, it almost does not indicate its signs, however, responding to the dynamic development of social life, the ECtHR comes to more and more relevant interpretations of the studied concept. A clear example of this is the ECtHR’s chosen approach to the interpretation of the state’s obligations in the field of human rights, which provides for ever wider variations, without singling out exclusively negative or positive obligations. In addition, from the content of the Convention, we identified the concept of «ordinary civic duties» and gave them a description based on the judgments of the ECtHR. Finally, we emphasized the use in the practice of the ECtHR of the concept of «obligation of due diligence», which has not yet been properly developed in domestic science, but plays an important role in the doctrine of obligations.

Обращение взыскания на роскошь

In the article, the author assesses the positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation regarding the content of paragraph. 2 clause. 1 art. 446 of the Civil Procedure Code of the Russian Federation in terms of ensuring such constitutional rights of a citizen as the right to private property and the right to housing. The conclusion is formulated about the existence of a legal conflict between the constitutionally established procedure for limiting constitutional rights and a broad interpretation of this legal norm. The author notes that high-quality consideration by the courts of legal personification can serve as a surefire means of maintaining balance in the context of a pro-creditor approach in the issue of foreclosure on the only residential premises suitable for habitation.

Attributes of the Romanian State. Special View on the Rule of Law

The attributes of a state constitute its defining features and principal values of its constitutional order, which differentiate or resemble it as a political-legal physiognomy from other states. The rule of law, pluralism, democracy, civil society are universal values of contemporary political thought and practice and can be found normatively expressed in international documents, but also in the Romanian Constitution. Starting from the specialised doctrine and jurisprudence of the Constitutional Court of Romania in the matter, this article analyses the attributes of the Romanian state enshrined by the Constitution, respectively: rule of law; welfare state; pluralistic state; democratic state. In this study, a special attention is dedicated to the rule of law, considering the dangers that threaten it in the current period. Legislative inflation, superficial legislation, increasing the role of the Executive in the field of legislation at the expense of Parliament, the intrusions of politicians into the sphere of judicial power are just some of the dysfunctions of the Romanian rule of law. In this context, this article highlights the essential role of the Constitutional Court in guaranteeing and respecting the requirements of the rule of law. Through its jurisprudence, an important contribution is made not only in the correct interpretation and application of constitutional norms, but also in their elaboration. Under the influence of the specific socio-political factors in each country, the pressures of the Union and international law, the rule of law cannot reach perfection, but it remains a fundamental constitutional necessity whose primary purpose is to ensure the rights and freedoms of citizens. Keywords: attributes of the state, rule of law, the jurisprudence of the Constitutional Court of Romania, dysfunctionalities of the Romanian rule of law.

The Principles of the Insolvency Procedure in Romania

The insolvency law in Romania is one with tradition, its first form being adopted in 1995. At that time, although no principles were expressly stipulated to govern this procedure, they could somehow be deduced from the interpretation of the legal norms. The legal consecration of the principles of the insolvency procedure can only be found in Law No. 85/2014, still in force today. It should be mentioned that Law no. 216/2022 amended the legal rules regarding the principles applicable to insolvency. These principles can be summarised as follows: encouraging negotiations regarding the prevention of insolvency, maximising the debtor's wealth, enabling effective restructuring, efficiency, reasonableness in the procedure, insolvency of the creditor mass, transparency and predictability, pro rata and pari passu rules, credit risk limitation, the superpriority of financing in the procedure, a representative and fairly assumed reorganisation plan, useful and efficient capitalisation, procedural coordination in the matter of the group of companies and legality control. Keywords: Insolvency; Principles; Rules.

INTERACTION OF CONSTITUTIONAL LAW AND INTELLECTUAL PROPERTY RIGHTS IN THE REPUBLIC OF KAZAKHSTAN

The article is devoted to the interaction of intellectual property law with the constitutional law of the Republic of Kazakhstan (hereinafter - RK). The Constitution of the Republic of Kazakhstan proclaims freedom of work and profession, as well as freedom of choice of creativity. Paragraph 1 of Article 20 of the Constitution of the Republic of Kazakhstan states that freedom of creativity is guaranteed. Currently, the scientific research of Kazakhstani scientists does not pay enough attention to the freedom of creativity. The analysis of materials and documents of the Constitutional Court of the Republic of Kazakhstan indicates the absence of a deeper analysis of the constitutional guarantee of freedom of creativity and the limits of this freedom. In addition, there are no provisions on intellectual property in the Constitution of the Republic of Kazakhstan, and the interpretation of norms can only be literal, and we are talking only about freedom of creativity. In this article, the author attempts to show the problems of interaction of intellectual property law with constitutional law, since the relationship between them is deeper than it is reflected in the Constitution of the Republic of Kazakhstan. In the legal literature, most studies of the constitutional and legal regulation of creative relations are reduced only to the objects of copyright, while the freedom of creativity lies in invention, the objective expression of means of individualization. The author has analyzed the concepts of creativity and freedom of creativity and justifies the need for the constitutional consolidation of intellectual property guarantees, to obtain constitutional and legal protection, since it has a significant role in the state policy of the development of the economy of Kazakhstan, expressed in industrialization and the widespread use of digital technologies, which are based on creative intellectual activity. In this regard, it is not enough to establish only a constitutional and legal guarantee of freedom of creativity and labor, it is necessary to include intellectual property norms in the Constitution of the Republic of Kazakhstan, thereby enabling authors and the copyright holder to constitutionally protect their rights and legitimate interests.

Право на необходимую оборону при защите имущественных и личных неимущественных прав: иллюзорное или реальное

Introduction. By virtue of the provisions of Article 45 of the Constitution of the Russian Federation, everyone is guaranteed the right to defend personal rights and freedoms in all ways not prohibited by law. This fundamental constitutional principle is reflected in Article 37 of the Criminal Code of the Russian Federation (hereinafter referred to as the Criminal Code of the Russian Federation), which enshrines the right of any person to the necessary defence, that is, to harm (up to deprivation of life) an encroaching person while suppressing socially dangerous encroachments protecting oneself or other persons, the legally protected interests of society or the state. For a long time, the issue of the possibility of protecting property rights, including housing, within the framework of necessary defense remained debatable. Finally, in May 2022, amendments were made to the resolution of the Plenum of the Supreme Court of the Russian Federation dated 09/27/2012 Nº 19, enshrining the right for necessary defense in the event of expected changes that will empower citizens to serve as a basis for their revision. In this regard, it should be recognised as relevant to consider the issue of determining the limits of lawful infliction of harm in the suppression of encroachments related to illegal penetration of housing. Within the framework of this work, the authors also consider the issue of determining the limits of lawful infliction of harm in defence against encroachments on personal non-property rights, both associated and not associated with the use or threat of use of violence dangerous to the life of the defender. Research methods: theoretical, comparativelegal, method of formal logics, method of interpretation of legal norms. Due to the results of the research, the authors give a list of situations which were not taken into account by the judicial community including the right to defend the house, which should serve as a basis for legal review of the case. In addition, the authors point to the need to optimize Article 37 of the Criminal Code of the Russian Federation, the provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012 No. 19 in terms of expanding the right for necessary defense due to the possibility of suppressing administrative offenses within its framework and bringing it into line with Article 37 of the Criminal Code, as well as other circumstances excluding criminality acts, «special legislation» defining the procedure and grounds for the use of force and weapons by law enforcement officers.

Russian Science and Technology Policy to Counter Sanctions: In Search of a Strategy

The article examines the scientific and technological policy of contemporary Russia in the conditions of international sanctions and analyzes both current general issues of the development of science and technology and problems in certain areas of scientific knowledge. We have studied special legal sanction acts of foreign academic organizations. The authors have developed and proposed mechanisms to counter sanctions in the scientific and technological sphere. The experience of applying measures for the development of science in the People’s Republic of China has been studied. The goal of the work is to conduct research on the state of modern science, taking into account the current Russian state policy under conditions of sanction pressure and proposing the authors’ unique classification of measures to support the development of Russian science. We used empirical methods of comparison, description and interpretation; theoretical methods of formal and dialectical logic. We also applied special scientific methods: legal and dogmatic method and the method of interpretation of legal norms. The authors have summarized the problems of government measures to support science under the sanction conditions and proposed measures to preserve the scientific sovereignty of Russia.

Sweden: multiculturalism and specifics of religious freedom’s realization in secular state

Sweden has a long history of being a monoconfessional state. However, in the 20th – 21st centuries the composition of Swedish society has changed, leading the country into a crisis caused by the policy of ignoring the needs of ethnic and religious minorities. In recent years, multidisciplinary research works have been focused on finding a ground of the current social and political destabilization in this country caused by on-going religion- and ethic-based conflicts between its nationals. Some of them suggest that Sweden is not a secular but a clerical state, others – that there is a gap in its legislation.The author of the article offers another point of view, according to which, the Swedish law enforcer distorts the constitutional and legal meaning of the provisions on religious freedom that occurs under the influence of historical specifics of the development of Swedish law, hence the lack of uniformity in law enforcement practice for the implementation of this fundamental human right.The subject of the study is the norms of the legislation of Sweden, including historical legal acts and documents, as well as relevant court cases and key findings of domestic and foreign research works.Objective: to prove the influence of historical specifics of the development of Swedish law on the current legal enforcement practice under which the distortion of the constitutional and legal meaning by the Swedish law enforcement takes place.Methods: the author employs a combination of general (content-analysis, case-study, formal logical method, generalization etc.) and private scientific methods (formal judicial methods, concrete sociological method of studying state and legal phenomena etc).Results: The obtained results demonstrate that Swedish law enforcement has been given an opportunity for a broad interpretation of constitutional norms. The author identifies the distortion of the constitutional and legal meaning in provisions that provide a special status to followers of the evangelical faith, on the one hand, and a partial ban on religious and ethnic minorities from expressing their confessional affiliation, on the other. The analysis of specifics of the development of Swedish law demonstrates the possible ground of the existing constitutional inequality is the historically discriminatory nature of the legislation in relation to followers of other religious cults. These results can be used as a foundation for future research in the field of realization of religious liberty in multicultural states.

Modification and termination of legal services supply agreement

The article is focused on studying the possibility to modify and terminate legal services supply agreement. The author has noted that the volume of foreign investments is a significant stimulus for the recovery of the domestic economy, and this should be facilitated by proper protection of the rights of investors as less protected participants of investment relationships. All this will contribute to the need to streamline legislative mechanisms for regulating relations in the sphere of services provision. In particular, civil regulation of legal services, despite the extraordinary social importance played by relations on providing legal services in society, has not been sufficiently developed yet, in order to affirm that a fairly well-balanced regime for regulating these relations functions in Ukraine. The author of the article has indicated that the right to apply measures of operational influence by legal services’ customers requires a clear description in the legislation, but not to be established through a multi-stage interpretation of the relevant norms. The exercise of such a right should not depend on its enshrining in the terms of legal services supply agreements, i.e. its normative basis should be the relevant legal norms, which should increase the guarantee of protection of the rights and interests of the customers of such services as less protected participants of contractual relations. The author has proved that the application of legal services on protection by the customers in the form of terminating the agreement, first of all by filing the corresponding claim to the court, has no particular specificity, compared to similar protection within other contractual obligations. The analysis of court practice indicates the lack of acute problems requiring scientific description and resolution in this regard. There is a stable court practice in Ukraine regarding the protection of legal services’ customers through the termination of relevant agreements. Termination of the contract, as a terminating legal fact, protects rather the customer’s interests, but not the rights (for safeguard of assets; for concluding the same meritous contracts with other entities, etc.). The author of the work has specified that modification and termination of legal services supply agreements, which are carried out based on the understandings between the parties, as a general rule, are not applied in the context of the parties’ reaction to the offense committed by the counterparty, but due to other motives. In particular, a significant modification of circumstances can be mentioned among such motives.

Transformation of the Model of State-Confessional Relations in Belarus at the End of the 19th Century – 1917

Introduction. The article describes the process of transformation of state-confessional relations in the Belarusian lands as part of the Russian Empire from the end of the 19th century to 1917. Methods and materials. To obtain verified results, the study is based on the analysis of administrative and regulatory materials, office documents of the Mogilev diocese, and domestic and foreign historiography. The study was conducted using an interdisciplinary methodology: historical-typological and historical-comparative methods, formal-legal, and the method of interpretation of legal norms were used. In addition, to identify the features of the socio-political discourse on the issue of changes in state-church relations, discourse analysis was used. Analysis. The historically established model of a religious state with the dominance of the Orthodox Church in the Russian Empire was established in the 19th century on Belarusian lands with a different confessional structure and traditions of state-church relations. The author noted a tendency to transition from the model of a religious state to the model of a secular state – in the period March – October 1917, the Provisional Government tried to establish an identification model of a secular state. This model corresponded to the religious system of Belarusian society with the dominance of the Orthodox Church and the expectations of socio-political actors and also ensured the implementation of religious rights and freedoms of adherents of other religions but was not fully implemented due to the transfer of power to the Bolshevik Party in October 1917. Results. Transformational processes in state-confessional relations in the Belarusian provinces took place in the direction from the model of a religious state to the model of a secular state as accompanying changes in the political system of the Russian Empire. Internal factors in the development of the state-confessional system of the Russian Empire, as well as the peculiarities of the confessional environment of the Belarusian provinces (diversification of the religious structure of Belarusian society, limitation of the rights of traditional actors rooted in the Belarusian religious environment, confessional dualism “Orthodoxy-Catholicism”), did not play a significant role in the transformation processes.

Skilled metacognitive self-regulation toward interpretive norms: a non-relativist basis for the social constitution of mental health and illness

Skilled metacognitive self-regulation toward interpretive norms: a non-relativist basis for the social constitution of mental health and illness

Loss of the Right to Challenge the Transaction by the Person Who Consented to the Transaction

Application of the requirements of Article 173.1 (§ 3) of the Civil Code of the Russian Federation (which has not yet become the object of close attention in science) is associated with some interpretive difficulties. In this regard, a comprehensive analysis of the construct enshrined in the specified norm, aimed at healing a voidable transaction (in a situation of unfair inconsistency in the behavior of the subject of consent), becomes relevant, first of all, from the perspective of its conceptual basis, scope, conditions and consequences of application, as well as in terms of the relationship with the related institution of confirmation of a contested transaction by its party (Article 166 (§ 2) of the Civil Code of the Russian Federation). The methodological basis of the study was made up of general theoretical (formal and dialectical logic) and specific scientific (legal-dogmatic, comparative legal, interpretation of legal norms, etc.) methods. As a result, the author, in particular, supports the dogmatic position regarding the confinement of the construction of the loss of the right to challenge transactions only to situations of their contestability (pointing out that to reflect this common-sense idea, the rule on the inadmissibility of challenging a transaction is sufficient); comes to the conclusion about the rationality of the “universal” use of the rehabilitation mecha­nism in question (irrespective of the type of act introducing the licensing procedure for the transaction); substantiates the thesis that of Article 173.1 (§ 3) of the Civil Code of the Russian Federation implies the defeat of the right to challenge a transaction that requires third-party authorization, and not consent itself; proves the legality of invalidating consent on the basis of which the subject of its expression knew or should have known (since there is no direct correlation between the defectiveness of consent and the contestability of the transaction itself), and also defends the possibility of extending the rules of Article 166 (§ 2) of the Civil Code of the Russian Federation on confirmation of a transaction for consent.

Computer English Teaching in Summer Learning Programs As Foreign Language

Language is the mode of identity and recognition. Summer learning programs are essential in helping children and young people interact and develop solid ethical bonds in different communities. Current issues related to the linguistic and philosophical nature of socio-ethical vocabulary in terms of diachronic are discussed in the article. Based on the analysis of a large amount of historical and philosophical material, the authors present their interpretation of the formation stages of the vocabulary of ethics as an integral part of the general philosophical vocabulary. However, each time and in each country, the interpretation of ethical concepts and norms, and therefore terms, was of a concrete historical and purely national character. In view of the objectives of this article, we consider it necessary to give a brief overview of the ethics of antiquity and the Middle Ages in order to understand and consider the specific role of ethics in science and practice of later historical eras. The authors hope that adopting pre-communicative activities as a part of the teaching method will be more effective in learning English as a foreign language.

Immersing into the lives of Punjabi women: Personal narratives on alcohol consumption

ABSTRACT Historically, alcohol has been seen as a male-dominated activity, leading to societal expectations for women to avoid excessive drinking due to their role in reproduction. This creates a repressive double standard, controlled through societal norms and family influence. Focusing on Punjabi Sikh women in Malaysia, this study is vital as it uncovers their experiences with alcohol, filling a gap in research on ethnic minority women. Through interviews, it explores diverse interpretations of religious and cultural norms, indicating that many women feel a sense of freedom and exhibit no reservations in their alcohol consumption, challenging conventional expectations.

Criminalising looting in wartime: International and national experiences

The relevance of this research topic is conditioned by the increasing number of cases of looting during armed conflicts, which requires the improvement of legal mechanisms for criminalising this act. Even though looting is recognised as a war crime at the international level, there are significant differences in approaches to its criminalisation and the determination of liability for such acts in national legal systems. This creates the risk of ambiguous interpretation of legal norms in judicial practice and complicates the administration of justice. The purpose of this study was to analyse the global and national experiences with the criminalisation of looting during armed conflicts, using the cases of Bosnia and Herzegovina, Sierra Leone, and Ukraine, as well as to formulate recommendations for improving Ukraine’s national legislation in this area. The study employed the methods of comparative legal analysis, formal legal analysis, and case law analysis. The study compared the criminal law provisions and approaches of different countries to the prosecution of pillage, specifically the concepts of “military necessity” and “spoils of war”. The findings of the study showed that the absence of clear legal definitions and criteria for assessing “military necessity” and “gravity of the violation” complicates prosecution for this crime and creates risks of abuse. The study revealed major differences in approaches to the criminalisation of looting, particularly in determining the scope and conditions of liability. The practical value of this study lies in its recommendations for harmonising Ukrainian legislation with international standards. It was suggested that a separate law be drafted to define the mechanisms for criminalising looting during armed conflicts, to establish clear criteria for assessing military necessity, and to unify approaches to judicial practice. This will help to increase the effectiveness of investigations and prosecutions of this type of war crime and strengthen Ukraine’s legal framework in armed conflict