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President Of Ukraine Research Articles

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883 Articles

Published in last 50 years

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Articles published on President Of Ukraine

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Order of the head of the local council on the suspension of the decision of the relevant council as the subject of a judicial appeal

In connection with the martial law introduced in Ukraine, many areas of legal regulation underwent significant changes and restrictions. The authority of military administrations in the field of land relations, in particular, land lease, was no exception. The article examines problematic issues related to the limitation of the powers of military administrations, in particular, to the provision of land plots for lease for a period of more than one year in the case when the lease agreement was concluded before the introduction of the legal regime of martial law in Ukraine. Attention was paid to the initial provision of land plots by military administrations for use, which is accompanied by a certain procedure. During the research, it was established that there have been significant changes in the field of legislation regulating land leases, a number of relevant regulatory provisions governing the issue of land leases, including by military administrations, have been transformed. It is emphasized that the powers of military administrations do not extend to legal relations regarding the conclusion of land lease agreements for a new term within the framework of already existing contractual relations, including those that arose before the introduction of martial law. The conducted scientific research established the constitutional and legislative principles and peculiarities of granting powers to military administrations in the field of land lease under martial law conditions, the grounds for the presence/absence of powers of military administrations of settlements to resolve issues of land relations regulation in terms of providing land plots for lease for a period of more than one year. It is emphasized that during the period of martial law and 30 days after its termination or cancellation, the head of the military administration, in addition to the powers assigned to his competence by the Law of Ukraine «On the Legal Regime of Martial Law», subject to the adoption by the Verkhovna Rada of Ukraine at the proposal of the President of Ukraine of a decision on the formation of military administrations, exercises the powers of the village, settlement, city council, its executive committee, the village, settlement, city mayor, including in the field of land relations.

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  • Journal IconLegal Ukraine
  • Publication Date IconMay 6, 2025
  • Author Icon Igor Senchuk
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Abuse of procedural rights when filing two identical claims

In connection with the martial law introduced in Ukraine, many areas of legal regulation underwent significant changes and restrictions. The authority of military administrations in the field of land relations, in particular, land lease, was no exception. The article examines problematic issues related to the limitation of the powers of military administrations, in particular, to the provision of land plots for lease for a period of more than one year in the case when the lease agreement was concluded before the introduction of the legal regime of martial law in Ukraine. Attention was paid to the initial provision of land plots by military administrations for use, which is accompanied by a certain procedure. During the research, it was established that there have been significant changes in the field of legislation regulating land leases, a number of relevant regulatory provisions governing the issue of land leases, including by military administrations, have been transformed. It is emphasized that the powers of military administrations do not extend to legal relations regarding the conclusion of land lease agreements for a new term within the framework of already existing contractual relations, including those that arose before the introduction of martial law. The conducted scientific research established the constitutional and legislative principles and peculiarities of granting powers to military administrations in the field of land lease under martial law conditions, the grounds for the presence/absence of powers of military administrations of settlements to resolve issues of land relations regulation in terms of providing land plots for lease for a period of more than one year. It is emphasized that during the period of martial law and 30 days after its termination or cancellation, the head of the military administration, in addition to the powers assigned to his competence by the Law of Ukraine «On the Legal Regime of Martial Law», subject to the adoption by the Verkhovna Rada of Ukraine at the proposal of the President of Ukraine of a decision on the formation of military administrations, exercises the powers of the village, settlement, city council, its executive committee, the village, settlement, city mayor, including in the field of land relations.

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  • Journal IconLegal Ukraine
  • Publication Date IconMay 6, 2025
  • Author Icon Katerina Krut
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The use of information technology in the implementation of the principle of due diligence in tax administration

The development of information technology significantly transforms tax systems around the world, in particular, contributes to the improvement of tax administration. The article studies the role of information technologies in the implementation of the principle of due diligence, which is fundamental to ensure the efficiency of the tax system. Particular attention is paid to electronic services that help prevent tax evasion and improve the transparency of relations between taxpayers and regulatory authorities. In the article are analyzed modern IT-solutions, such as automation of processing of tax returns, electronic document flow, application of Big Data for identification of risky operations and introduction of blockchain-technologies in tax control. The experience of the EU countries is considered as an example of the successful integration of digital tools into tax processes, which contributes to the harmonization of legal norms and ensuring financial stability. Considerable attention is paid to the analysis of problems that arise during the digitalization of tax administration in Ukraine. The main challenges are an imperfect regulatory framework, a low level of digital literacy of tax officials and limited access to modern technologies in some regions of the country. At the same time, modern platforms and tools can become a powerful means of combating corruption and increasing tax discipline. The author offers a number of recommendations for the adaptation of foreign experience in the Ukrainian legal system. Among them are the creation of a national electronic tax platform, the training of qualified personnel and the introduction of transparent mechanisms for the exchange of information. Attracting international technical assistance and investment in digital infrastructure is also an important step to accelerate this process. In addition, the introduction of common data standards and the development of effective monitoring mechanisms will contribute to strengthening the interaction between the state and business. This will not only reduce the administrative burden for taxpayers, but also help build trust in state institutions. The article is an attempt to substantiate the need for digitalization of tax administration, taking into account the specifics of Ukrainian tax legislation, and to determine the prospects for introducing innovations into the tax system.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconMar 23, 2025
  • Author Icon V P Moroz
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Інститут Президента у Французькій Республіці та Україні: пошук довершеного зразка

The article is devoted to the researching of the legal status of the Presidents in the French Republic and in Ukraine, because both states are semi-presidential republics and have common features. In order to understand the advantages and disadvantages of the powers of the heads of the studied states and their possible optimization in Ukraine, a comparative analysis of the institutions of the President is conducted, including from the point of view of protecting the Constitution and the role of Presidents in the protection of human rights, which is the relevance of the research topic. Both in the French Republic and in Ukraine, the Presidents are guarantors of national independence, territorial indivisibility and protection of human rights. The purpose of the article is to analyze the powers of the Presidents of France and Ukraine and to identify common and different features in their legal status. In addition, the study of the role of the Presidents of the two states in ensuring their compliance with the Constitution and protection of human rights. The President of France exercises authority both personally and together with the Prime Minister, which is discussed in the article. In Ukraine, certain acts of the President provided for by the Constitution must be signed by the Prime Minister. In terms of interaction with branches of government, in France the President of the Republic heads the government (Council of Ministers) in the presence of the Prime Minister, and in Ukraine the work of the Cabinet of Ministers is managed by the Prime Minister. Both in France and in Ukraine, the President can apply to the bodies of constitutional jurisdiction with submissions and veto laws that violate human rights. In addition, the specifics of the extraordinary powers of the heads of state of both countries were analyzed, as well as the procedure for their removal from office, and differences were identified. It was concluded that in the French Republic the Constitutional Council (a body of constitutional jurisdiction) cannot check the acts of the President of the Republic for compliance with the Constitution, it only checks legislative provisions, while in Ukraine the Constitutional Court checks the acts of the President for compliance with the Constitution. Differences regarding the responsibility of heads of state, their place in the executive branch of power and influence on the government, etc., were revealed. Keywords: President of the French Republic, President of Ukraine, legal status of the president, powers of the president, protection of the Constitution, protection of human rights.

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  • Journal IconVisnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki
  • Publication Date IconMar 21, 2025
  • Author Icon Andrianna Badyda
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Harmonization of the legislation of Ukraine regarding the administration of customs payments with the law of the European Union

The article is devoted to the study of the features of harmonization of Ukrainian legislation on customs administration with European Union law (hereinafter referred to as the EU). It is established that Ukraine, as a state that has concluded an Association Agreement with the EU and has also received the status of a candidate for EU membership, faces the task of harmonizing its national legislation with EU law as soon as possible. Of particular importance in this context are the norms of customs administration and their coordination with the EU Customs Code and other EU regulatory acts. The article substantiates the need for further improvement of tax and customs legislation, amendments to the current legislation of Ukraine. An analysis of current regulatory legal acts in the customs sphere, as well as doctrinal developments of scientists on the harmonization of Ukrainian legislation with EU law, is carried out. Various approaches to solving urgent problems of customs administration in the modern conditions of European integration are presented. The author analyzed the provisions of the National Program for Adapting Ukrainian Legislation to EU Legislation, the Budget Declaration for 2025-2027, the National Revenue Strategy until 2030, the Long-Term National Strategic Plan for Digital Development, Digital Transformation and Digitalization of the State Customs Service of Ukraine, the Law of Ukraine “On Amendments to the Civil Code of Ukraine Regarding the Implementation of Certain Provisions of the Customs Code of the European Union” No. 3926-IX and the directions for harmonizing Ukrainian customs legislation with EU legislation enshrined in them. The author noted the insufficient practical implementation of European practices introduced in Ukraine in the field of customs control and customs procedures under martial law, the incomplete harmonization of Ukrainian national legislation with EU customs legislation, which hinders European integration and accession to the EU. The article examines current problems of customs payment administration in Ukraine and emphasizes the need for further reform of Ukrainian customs legislation in the context of European integration processes taking place in the country.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconMar 17, 2025
  • Author Icon N I Atamanchuk
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Civil society as a subject and object of implementing the principle of combating gambling addiction (ludomania)

The article examines the role of society in the mechanism of public management of the gambling business. It is established that it is both an object and a subject of implementing the principle of combating gambling addiction, which is one of the principles of public management of the gambling business market. Society as a subject empowers the state to ensure the implementation of its public interest. Society as an object of administrative and legal support is the goal of ensuring this principle, because protecting society from the negative consequences of the functioning of the gambling business as a harmful type of activity is a component of the principle of combating gambling addiction. Civil society, when participating in ensuring the implementation of the principle of protection against gambling addiction, combines both private and public interests, because the private interests of a particular player as a member of society are to create conditions for minimizing the risks of developing gambling addiction in him. Society as a subject of implementing the specified principle usually acts not directly (through elections, referendums, public meetings), but indirectly through various legislative opportunities for representatives of civil society. It acts through its representatives by submitting electronic petitions to the President of Ukraine. It was such a petition last year that significantly influenced the state’s policy on gambling addiction. Society also influences through the activities of the Consultative and Expert Council under the Commission for the Regulation of Gambling and Lotteries, as well as through public organizations. The activities of public organizations in Ukraine to combat gambling addiction are underdeveloped due to the lack of funding, which requires amendments to the legislation and the targeted allocation of funds from licenses in the field of organizing and conducting gambling specifically for measures to prevent gambling addiction. The disadvantage is that society cannot influence the gambling business at the community level through the powers of local government bodies, and therefore it is important to give communities the right to decide whether to allow gambling establishments in their community.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconMar 17, 2025
  • Author Icon O E Denysenko
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Simulation of trust: the impact of hyperreality on modern public administration

The article examines the impact of hyperreality on modern public administration in Ukraine, in particular through the prism of trust in public institutions. In the context of digital transformation and the development of АІ, the article analyses new challenges and opportunities arising from changes in the mechanisms of trust formation. It is noted that in the context of media and technology dominance, visual images and symbols often replace the real actions of the state, which can lead to the creation of “artificial trust”. The article also examines Baudrillard’s concepts of simulacra and hyperreality, which illustrate how signs and symbols form an alternative reality that is perceived as more genuine than the actual achievements of the state. The article also emphasises the importance of transparency and ethical management practices to build public trust, and stresses the need for real reforms instead of simulacra. The risks of information manipulation through media and digital platforms that can undermine the legitimacy of state institutions are highlighted.

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  • Journal IconINFORMATION AND LAW
  • Publication Date IconMar 14, 2025
  • Author Icon V Oryshchuk
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Innovative approaches to tax administration and economic security in Ukraine

Methods. The study applied a comprehensive methodological approach integrating theoretical and empirical methods. Theoretical generalization structured the institutional foundations of tax administration. Statistical analysis assessed GDP, tax revenue, and budget dynamics from 2010 to 2023. Methods of analysis and synthesis allowed the construction of a block diagram of tax administration processes. Logical generalization was employed to derive conclusions and propose improvements for the tax administration system. Results. The article analyzes the state of Ukraine’s tax administration, highlighting its role in economic security. A block diagram was developed to structure the process of tax administration, covering key components such as taxpayer registration, digitalization, compliance, and harmonization with international standards. Despite growth in GDP and corporate profits, the share of tax revenues in the state budget has declined, pointing to systemic inefficiencies. The study shows that digitalization, including automation, big data, and blockchain, is critical for improving transparency and efficiency. Novelty. The study presents a comprehensive structural model of tax administration in Ukraine, developed in the form of a block diagram. This model outlines five interconnected functional blocks that reflect the core mechanisms of tax administration. The article highlights how the modern conditions have accelerated the digital transformation of Ukraine’s tax system, emphasizing the role of electronic reporting systems, centralized taxpayer registries, and upgraded software. The novelty lies in the integrated view of tax administration as a tool for fiscal resilience and national security under crisis conditions. Practical value. The paper offers an analysis of Ukraine’s tax administration. Based on this analysis, practical recommendations are provided to strengthen the institutional capacity of the State Tax Service. By addressing these priorities, the system can enhance its transparency, increase voluntary tax compliance, and reduce reliance on external financial support, contributing to greater fiscal autonomy and economic security.

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  • Journal IconEconomic Bulletin of Dnipro University of Technology
  • Publication Date IconMar 1, 2025
  • Author Icon L L Lazebnyk + 1
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Customs authorities as subjects of customs payments administration: current state and prospects for further reform

The article is devoted to the study of the features of legal regulation of the activities of customs authorities in Ukraine in modern conditions. It is established that the system of customs authorities includes the central executive body that implements the state customs policy, customs offices and customs posts. It is emphasized that the customs authorities are entrusted with the direct implementation of customs affairs, and the main purpose of customs authorities is to create favorable conditions for the development of foreign economic activity, ensure public safety, and protect the customs interests of Ukraine. It is noted that an important aspect of the activities of customs authorities is the administration of customs payments, which is an important component of filling the state budget of Ukraine, as well as a means of regulating foreign economic relations and protecting the national commodity producer. The author analyzed the adopted Law of Ukraine “On Amendments to the Customs Code of Ukraine Regarding the Establishment of Peculiarities of Service in Customs Bodies and Conducting Certification of Officials of Customs Bodies” № 3977-IX, which is aimed at improving the legal foundations of service in customs bodies. The draft Law of Ukraine “On Amendments to the Customs Code of Ukraine Regarding the Assessment of the Efficiency and Effectiveness of the Activities of Customs Bodies” dated 12/25/2024 № 12360 was analyzed, the purpose of which is to introduce a procedure for assessing the efficiency and effectiveness of the activities of customs bodies in order to obtain information on the achievement of the goals of the state customs policy, increase the efficiency and effectiveness of the activities of customs bodies, optimize the processes of making managerial decisions, improve the procedures for customs control and customs clearance of goods moving across the customs border of Ukraine, as well as improve the system and structure of customs bodies. The article considers current problems affecting the regulation of customs payments in Ukraine. The author emphasizes the need for further reform of the customs legislation of Ukraine in the context of the European integration processes taking place in the country, as well as the martial law introduced in Ukraine. The article substantiates the need for further improvement of the activities of customs authorities, as well as reform of customs policy and customs administration in Ukraine.

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  • Journal IconAnalytical and Comparative Jurisprudence
  • Publication Date IconMar 1, 2025
  • Author Icon N I Atamanchuk
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Transformation of the Historical Narratives of the Second World War and the Decommunisation of Memory Policy in Ukraine

In the research note I will analyse the changes of historical narrative of the Second World War and transformation of memory policy in contemporary Ukraine. The aim is to highlights the deconstruction of Soviet mythology of the Great Patriotic War, and the gradual formation of Ukrainian dimension of war instead. The impact of key actors in Ukraine's memory policy will be described, including: scholars who introduced new approaches for deconstruction the Soviet concept of the Great Patriotic War and have been creating a new historical narrative; authors of history textbooks who have been updating the content and improving the teaching methodology; Presidents of Ukraine and politicians who, by decrees and laws, propose changes of official discourse and memorial practices. Decolonisation a historical narrative, as well as the decommunisation of state memory policy in Ukraine regarding the Second World War were perceived by contemporary Russia as a threat. So, the accusations of Ukraine's distortion of the “truth” about the war and the alleged spread of “fascism” and “neo‐Nazism” in Ukraine play a significant role in the Russian hybrid war against Ukraine which started in 2014—and in 2022 evolved into justification for full‐scale aggression.

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  • Journal IconAustralian Journal of Politics & History
  • Publication Date IconFeb 9, 2025
  • Author Icon Nadiia Honcharenko
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CONTENT AND FEATURES OF THE DIGITAL TRANSFORMATION OF PUBLIC ADMINISTRATION SYSTEMS IN THE «SOCIETY 5.0» ERA

The article highlights the peculiarities of the theoretical foundations of the digital transformation of public management and administration systems in the developed countries of the world and Ukraine. A detailed analysis of the formation and development of digitalization processes at the stage of humanity's transition to the era of the information society - knowledge society, or «Society 5.0» was conducted and it was established that the purposeful and planned transformation of national public administration systems on a digital basis is today a global trend. The leading countries of the world consider digitization as a priority national strategic task and a certain driver of new paradigms and concepts of public administration. The new «digital» management is characterized by complexity, organizational and contextual diversity, the very essence of management processes, which consists in the transition from traditional hierarchical and vertical «administration» to a horizontal network system of the platform type with extensive use of tools for digital service-oriented interaction of state authorities and citizen. It is substantiated that in the conditions of the post-war recovery of our state, one of the first steps should be the implementation of all possible steps regarding the further development of the processes of digitalization of state management and administration in Ukraine, which will significantly strengthen the internal human potential of our state and increase its competitiveness on world markets. The transition to a new «digital public administration» will lead to an increase in the quality of public services, a reduction in unjustified state intervention in the processes of self-regulation of market and social relations. This will make it possible to get rid of corruption, increase the efficiency and effectiveness of public administration of our country as a whole.

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  • Journal IconCoordinates of Public Administration
  • Publication Date IconFeb 2, 2025
  • Author Icon Oleksandr Hyryavets + 1
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Features of the Ukrainian balancing policy in 1991–2014 and their impact on the aggravation of contradictions between Russia and the West in the region

Ukraine's foreign policy in 1991–2014 was characterized by various types of foreign policy balancing. At the initial stage of the formation of Ukrainian statehood, Kiev's foreign policy course traces the traditional type of balancing associated with maintaining the parity of influence of the leading powers. In the multi-vector policy proclaimed by President of Ukraine L. Kuchma, as well as the foreign policy course pursued by President V. According to Yanukovych, there are signs of the second type of balancing, which is determined by the focus on obtaining short-term benefi ts and solving situational tasks. Also, the Ukrainian version of balancing in the period under review is characterized by the active use of the growing contradictions between Russia and the West in their own interests. At the same time, such attempts were often in the nature of provocation. The peculiarities of the country's internal political development in the post-Soviet period, related to regional specifi cs, also contributed to the establishment of the "pragmatic" balancing model in Ukrainian foreign policy practice. The model of foreign policy balancing implemented by Kiev not only did not contribute to the harmonization of contradictions between Russia and the West in Ukraine, but also carried a significant additional conflict potential. The experience of Ukrainian foreign policy in 1991–2014 indicates that the policy of balancing Ukraine can become a factor in the stability of the processes of peaceful development of the region in the post–war period only if it is based on long-term parity of infl uence between the interests of Russia and the West.

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  • Journal IconDiplomaticheskaja sluzhba (Diplomatic Service)
  • Publication Date IconJan 27, 2025
  • Author Icon A N Vavilov
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E-governance in Ukraine: legal aspects and development prospects

E-governance is an essential element of modernizing public administration in Ukraine, enhancing the efficiency, transparency, and accountability of governmental bodies while ensuring citizens’ access to administrative services in a digital format. This article presents a comprehensive analysis of the legal aspects of e-governance, including its regulatory framework, implementation mechanisms, and development prospects. The study examines the main stages of e-governance adoption in Ukraine, from initial attempts to digitize administrative processes to modern initiatives aimed at creating integrated platforms for interaction among the state, businesses, and citizens. Particular attention is devoted to legislative acts regulating electronic document flow, electronic signatures, digital identification, and personal data protection in compliance with international standards. The article identifies critical challenges in implementing e-governance in Ukraine. These include insufficient funding, uneven development of digital infrastructure, low levels of digital literacy among the population, legal inconsistencies hindering effective system operation, and the absence of a unified development strategy. The paper emphasizes the importance of aligning national e-governance legislation with European standards, particularly in the context of harmonizing the regulatory framework with the European Union’s requirements. The author proposes practical recommendations for improving the legal framework for e-governance. Key directions include expanding access to digital services for all population categories, introducing unified data exchange standards among state institutions, strengthening cybersecurity, and implementing mechanisms for transparent monitoring of electronic platform efficiency. The significance of employing innovative tools to engage citizens in decision-making processes based on modern digital technologies is also highlighted. The prospects for e-governance development are considered concerning its role in democratizing society, improving the efficiency of state processes, enhancing the quality of administrative services, and ensuring effective communication among governance stakeholders. Thus, e-governance emerges as a transformative tool for state administration, driving sustainable development in Ukraine.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 18, 2025
  • Author Icon I S Suhan + 1
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Subjects of public administration in the sphere of taxation

The article presents a study of subjects of public administration in the field of taxation. The author’s aim is to analyse and clarify the legal status of these entities, their tasks and functions. The author identifies problematic issues in the field of taxation related to administration, including the distribution of powers between different subjects of public administration, their interaction with taxpayers, and gaps in legal regulation. The author emphasises the relevance of the tax system under martial law. It is noted that the effectiveness of the tax system largely depends on the efficiency and continuous improvement of public administration in the area under study. Based on the analysis of scientific literature, the author notes that public administration in the tax system is a complex system of interactions aimed at efficient tax collection and distribution, which has clearly defined boundaries regulated by law. This process involves various entities, each of which performs its own functions. All of them interact with each other to ensure the proper functioning of the tax system. The article describes the legal status and specific functions of subjects of public administration in the field of taxation: The Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, central executive authorities (the Ministry of Finance of Ukraine, the State Tax Service of Ukraine, the State Customs Service of Ukraine), and local self-government bodies. Considerable attention is paid to the issues of administration of local taxes and fees. The author notes that the ability of local councils to independently establish taxes and fees allows them to adapt the tax system to the specific needs of individual territories, which is especially relevant in the context of martial law. The author comes to the conclusion that predictability and stability in the tax system is ensured by the exercise by subjects of public administration in the field of taxation of their powers in accordance with the tasks and functions regulated by law. This also allows to avoid duplication of functions and increases the efficiency of management, while the hierarchical structure allows control over the activities of lower-level bodies and promotes transparency of the activities of subjects of public administration in the field of taxation.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 14, 2025
  • Author Icon D S Dremov
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Social dialogue bodies and their role in ensuring social rights

The article examines the legal status of social dialogue bodies, whose primary function is to resolve social conflicts and ensure social stability. It is noted that the proclamation of our state as a social and legal one necessitates the establishment of legal mechanisms to guarantee the protection of human social rights. The study emphasises that social dialogue, which fundamentally involves identifying and reconciling positions, reaching mutual agreements, and adopting consensual decisions by the parties involved, is the most effective means of achieving social equality and stability within society. The article underscores that the state, as the guarantor of the functionality and effectiveness of social dialogue, provides for the establishment of relevant bodies endowed with specific powers. These bodies include the National Tripartite Social and Economic Council, territorial tripartite social and economic councils, sectoral (or inter-sectoral) tripartite or bilateral social and economic councils, and other tripartite social dialogue entities such as committees and commissions. It is highlighted that these bodies consist of representatives of the parties to social dialogue and are designed to respond promptly to social challenges. Special attention is devoted to the National Tripartite Social and Economic Council, a permanent body established by the President of Ukraine to facilitate social dialogue. The study provides a detailed analysis of the legal nature of the decisions made by social dialogue bodies. It is noted that the legislature has obligated state authorities to consider the decisions adopted by the council but has not established a legal duty for them to seek recommendations, proposals, or agreed decisions from the National Tripartite Social and Economic Council on matters within its competence. It is emphasised that the advisory nature of the decisions made by social dialogue bodies negatively affects the effectiveness of social dialogue. It is proposed that legislation should establish the binding nature of the decisions of the National Tripartite Social and Economic Council, allowing deviations from these decisions only when properly justified.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 14, 2025
  • Author Icon I M Lasko + 1
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Historical and legal prerequisites for Ukraine’s acquisition of nuclear-free status

The article is devoted to the analysis of the historical and legal prerequisites for Ukraine to acquire a nuclear-free status. The article examines the stages of Ukraine’s refusal to use nuclear weapons for political and military purposes. In particular, the authors note that after gaining independence, our state became the third in the world in terms of the power of its nuclear potential after the USA and Russia. Ukraine, as a newly created state, due to historical circumstances, received the third most powerful nuclear arsenal in the world. At the same time, the authors note that Ukraine was in no hurry to follow the example of its former sister republics, having inherited more than 30% of the nuclear potential from the USSR. In particular, Kyiv, starting in 1991, tried to use its nuclear potential as a bargaining chip for security guarantees from major powers in the future. The refusal of nuclear weapons was to become an act of goodwill of Ukraine towards the world community, accelerate the development of relations with the leading powers of the world, deepen Euro-Atlantic and European integration, and participate in the activities of international organizations. The legal status of Ukraine as a nuclear-free state was declared in the speeches of the President of Ukraine and various state-level documents, and legally enshrined in the Declaration of the Verkhovna Rada of Ukraine “On the Nuclear-Free Status of Ukraine” dated October 24, 1991 No. 1697-ХІІ. At the same time, Ukraine received international legal guarantees of its own security, enshrined mainly in the Budapest Memorandum. However, these guarantees turned out to be only “paper” and did not prevent Russia from annexing Crimea and launching a full-scale armed invasion of Ukraine. According to the authors, the ineffectiveness of these guarantees was influenced by the lack of an effective mechanism for their implementation in the Budapest Memorandum. In addition, the following factors indicate the ineffectiveness of the Budapest Memorandum: the Budapest Memorandum was not ratified by the parliament of any of the guarantor countries; Ukraine’s passivity in the context of the Budapest Memorandum provided an informational pretext for attempts to distort the interpretations of its provisions; Ukraine, as a party to the Budapest Memorandum, should itself take certain actions aimed at implementing the Memorandum.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 14, 2025
  • Author Icon T G Kovalchuk + 2
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The formula for Peace as a result of a future without war in Ukraine

Ukraine’s peace strategy in the context of the ongoing war with russia, particularly the «Formula for Peace,» serves as a pivotal political instrument for achieving a stable and just peace in Europe while strengthening global security. This process largely depends on the active participation and support of the international community, which must be ready not only politically, but also practically to assist in the implementation of peace agreements. Russian aggression against Ukraine has persisted for a decade. Since 2014, attempts at peaceful resolution, including the Minsk Contact Group and the Normandy Format, failed to secure a ceasefire or reintegration of Donbas, nor did they avert russia’s full-scale invasion in February 2022. Bilateral negotiations commenced in the early days of the invasion: the first meeting occurred at the Belarusian border on 28 February 2022, followed by discussions on humanitarian corridors on 3 March in the Bialowieza Forest, and another on 7 March, which yielded no significant political outcomes. The final round of talks on 29–30 March in Istanbul explored Ukraine’s potential rejection of NATO integration in exchange for security guarantees. Initially, russia proposed to «reduce activity» in the Kyiv and Chernihiv directions, contingent on Ukrainian military reductions, continued aspirations for EU membership, and freezing Crimea’s status for 15 years. Conversely, russia demanded the recognition of Crimea, withdrawal of Ukrainian forces from Donbas, expanded rights for the russian language, and other concessions. However, after russia’s retreat from northern Ukraine in April 2022 and mounting evidence of war crimes against civilians, the Ukrainian government withdrew from negotiations and abandoned the Istanbul proposals. The Peace Formula strategy has since become a cornerstone of Ukraine’s efforts to navigate the conflict. In 2023, this initiative gained momentum, with extensive discussions involving representatives from all continents. These dialogues took place during meetings between Andriy Yermak, Head of the Office of the President of Ukraine, and foreign diplomats, as well as through consultations among national security advisers. Working groups were established to evaluate the 10 points of the Ukrainian initiative, encapsulating its vision in a document titled Philosophy of the Peace Formula.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 6, 2025
  • Author Icon M Pyvovar
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Restrictions in the exercise of human and citizen rights and fundamental freedoms in conditions of martial state through the prism of the practice of the European Court of Human Rights

The article analyzes state interference in the exercise of human rights and fundamental freedoms under martial law. The peculiarity of such interference is considered through the prism of the practice of the European Court of Human Rights. The need to maintain a balance between public and private interests is indicated. It is emphasized that a balanced ratio is an integral part of the rule of law. Some conclusions from the case of the European Court of Human Rights “Kryvenky v. Ukraine” and the Report of the Venice Commission “On the Rule of Law” are analyzed. It is noted that the general interests of society and a particular individual must be in a fair balance. The opinion was expressed that ensuring the interests of society or the state may also involve restrictions on the exercise of the rights and freedoms of a particular individual. The need for proportionality of such restrictions is emphasized. The rights that cannot be restricted for any reason are indicated. Three main criteria are highlighted according to which a restriction is an unlawful interference with human rights. The criterion of “established by law” is analyzed. It was argued that the concept of “law” in this context should be understood in a broad sense. The requirements for legislation are presented. The “Case of Chahal v. The United Kingdom” and national legislation are analyzed for the presence of the above-mentioned criterion. It is determined that the grounds for the restriction are present, in particular, in the Decree of the President of Ukraine “On the introduction of martial law in Ukraine”. The need to adhere to the principle of the rule of law is emphasized using the example of “Case of Tsezar and others v. Ukraine”. The criterion of “pursuit of a legitimate aim” is analyzed. An exhaustive list of legitimate aims is established, however, it is noted that such aims can be interpreted broadly. The conclusion is made that there is a legitimate aim, namely the need to ensure national security and territorial integrity. The criterion of “necessity in a democratic society” is analyzed. The conclusions in the cases “Case of Dubská and Krejzová v. The Czech Republic”, “Case Of Vavřička And Others v. The Czech Republic” are updated. The possibility of restricting the rights and freedoms of an individual is emphasized only in the absence of alternatives and exclusively to the extent that is minimally sufficient to achieve the set legitimate goal using the example of the ECHR decision “Affaire Vedat Şorli v. Turkey”. It is indicated that in the conditions of martial law in Ukraine, sacrificing less important rights to ensure more important ones is appropriate and necessary in a democratic society. The conclusions are drawn that in the conditions of martial law in Ukraine, restrictions on the exercise of human rights and fundamental freedoms are a legitimate interference through the prism of the ECHR. The state should apply restrictions only in extreme cases, and any abuse is not allowed.

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  • Journal IconUzhhorod National University Herald. Series: Law
  • Publication Date IconJan 6, 2025
  • Author Icon V Yavorskyi + 1
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Sources of public infrastructure administration in Ukraine: using the example of critical infrastructure

Sources of public infrastructure administration in Ukraine: using the example of critical infrastructure

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  • Journal IconПрикарпатський юридичний вісник
  • Publication Date IconJan 1, 2025
  • Author Icon V V Plavshuda
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FEATURES OF BUDGET FINANCING FOR TRAINING PERSONNEL IN PUBLIC ADMINISTRATION

The article is devoted to the analysis of budget financing for training personnel in the field of public administration in Ukraine. The author examines key aspects of financing educational programs for civil servants, particularly the financing volumes for the years 2022–2024, and analyzes the impact of these processes on the quality of personnel training. The normative legal framework regulating educational financing is considered, and challenges related to the reduction of budget expenditures in wartime conditions are highlighted. The analysis emphasizes the importance of increasing funding volumes, especially in areas with a critical shortage of personnel, such as public administration. Special attention is given to opportunities for engaging the private sector and the necessity of strategic planning. Recommendations are provided for optimizing financing and improving the quality of personnel training.

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  • Journal Iconsj-economics scientific journal
  • Publication Date IconDec 31, 2024
  • Author Icon Illia Varhatyi
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