Foreign trade: economics, finance, law

Artificial intelligence technologies in the judiciary: European standards and Ukrainian practice

2025-04-29T13:23:02+00:00

The article provides a comprehensive analysis of the growing influence of artificial intelligence (AI) technologies on the field of justice, with a particular focus on developments within European and international institutions. Taking into account the increased academic attention to this issue, the article reviews key policy documents that set the ethical and operational framework for the use of AI in justice systems. The article also highlights the establishment of a dedicated Resource Centre on Cyberjustice and AI within the CEPEJ, that provides institutional support for the exchange of best practices and legal tools in the field of AI applications in justice. The article aims to explore the introduction of developed policies during practical implementation of AI technologies in the field of justice, particularly in the Ukrainian context. The particular attention is paid to emerging trends and practices analysis in the use of AI in judicial processes, based on broader international and European standards. The research is divided into three main parts: the first part contains an overview of developed approaches to the use of AI in justice within the Council of Europe and other international organizations; the second part examines the first domestic regulatory initiative on the use of AI in the administration of justice, introduced by the High Anti-Corruption Court of Ukraine (HACC); the third part explores the approach of Supreme Court to the legal qualification and implications of the use of AI by parties of the case in their case law. The article contributes to the scientific debate on how national jurisdictions can responsibly adapt to technological innovations, while upholding fundamental legal principles and ensuring the protection of human rights in the digital era.

Armeniaʼs foreign policy: between diversification and dependence

2025-06-11T15:55:07+00:00

The structural and geopolitical barriers that limit Armeniaʼs ability to shift its foreign policy away from russia toward the European Union (EU) have been studied. The relevance of this study lies in understanding why, despite recent interaction with the EU – particularly via the Comprehensive and Enhanced Partnership Agreement (CEPA) – Armenia remains strategically attached to russia. The hypothesis was tested that deep infrastructural dependence on this country, as well as institutional ties such as membership in the Collective Security Treaty Organization (CSTO) and the Eurasian Economic Union (EAEU), significantly hinder Armeniaʼs foreign policy autonomy. Qualitative analysis methods of specific cases were applied using dependency theory, based on institutional texts, trade and energy data, as well as geopolitical events from 1991 to 2023. The results of the study confirm that although EU – Armenia cooperation has deepened, particularly after the 2020 Nagorno-Karabakh war, the EU engagement remains mainly symbolic and non-military. Western actors do not offer reliable alternative security guarantees. At the same time, russia retains the strong deterrent capabilities through economic pressure or political influence. It is concluded that Armeniaʼs foreign policy remains structurally constrained and that a real shift away from this country, even if politically desirable, is hindered by both external and internal obstacles.

Legal foundations of customs risk management in the EU

2025-06-11T15:54:54+00:00

The research relevance is determined by the need to harmonize domestic customs legislation with EU norms in the context of Ukraine's European integration. The hypothesis is that the customs risk management system in the EU is based on a clear legal structure, which includes interrelated principles and elements that ensure its effective functioning. The legal foundations and key elements of the customs risk management system in the European Union are being studied. The authors analyze the provisions of the EU Customs Code, particularly the articles related to risk management and customs control. The fundamental principles and mechanisms of the European customs risk management system are being considered. The research has demonstrated that European customs legislation creates a strong legal foundation not only for international trade activities but also for effective risk management. A number of principles have been identified on which the customs risk management system is based: the principle of a risk-oriented approach, the principle of information confidentiality, the principle of interagency cooperation, and the principle of differentiated approach to control. The key elements of the system are characterized: common risk criteria, which ensure a unified approach to risk analysis throughout the entire EU territory; priority control areas, which determine the directions of primary focus for customs control; and a risk information exchange system, which ensures prompt data exchange between customs authorities, as well as the concept of an authorized economic operator. Significant attention is paid to the mechanisms of electronic information exchange. The current trends in the development of the customs risk management system in the EU have been highlighted, particularly the implementation of new technologies such as artificial intelligence, machine learning, and blockchain, as well as the strengthening of international cooperation and the improvement of mechanisms for evaluating the customs control effectiveness. This research has practical significance in the context of Ukraineʼs European integration processes and the harmonization of domestic customs legislation with EU standards regarding customs risk management.

Regulation of online platforms in the US law

2025-06-11T15:49:50+00:00

The article is devoted to the study of the peculiarities of the American approach to regulating online platforms, which is based on a liberal model of minimal state intervention. The relevance of the topic is determined by the rapid growth of the online platformsʼ importance in socio‑economic life and the emergence of numerous challenges related to data privacy, market monopolization, and misinformation. The study hypothesis is that the U.S. liberal approach to platform regulation is undergoing a transformation, which is expressed in the increasing number of state-level laws and federal agency intervention, such as the Federal Trade Commission. Methods of analysis of regulatory legal acts, teleological analysis of regulatory documents, and doctrinal publications were used. The key findings indicate that the U.S. model is striving to maintain a balance between protecting private interest aimed at entrepreneurial freedom and the public interest, which requires greater user protection and preventing abuses. The absence of a unified federal law and the lack of standardization between states creates difficulties for online platforms in complying with legislation, while state laws may encourage the federal government to adopt a unified act. The study emphasizes the necessity of adapting the U.S. approach to modern realities by integrating the best practices from European and Chinese experiences.

International legal peculiarities of the implementation of inheritance relationships

2025-06-11T15:54:26+00:00

The features of the international organizational and legal regulation of inheritance relations complicated by a foreign element have been studied, in view of the interaction and mutual influence of certain aspects of the public and private law spheres. The issue is relevant due to the extent of the world migration processes occurring in the world, including those related to Ukraine, which is potentially one of the grounds for the emergence of mutual inheritance rights and inheritance relations complicated by foreign element. Due to the diversity and complexity of inheritance relations burdened with a foreign element, the organizational and legal features associated with them consist of private law and public law aspects, which are enshrined in numerous international and national sources. The international treaties regulating inheritance relations complicated by foreign element have been generalized and systematized in terms of spatial and substantive features, as well as the number of participants and content peculiarities; moreover, attention has been given to the validity of some of them for Ukraine. From the perspective of international and national support, as well as the interconnection of the public and private spheres, a comprehensive analysis has been performed on the correlation of individual aspects of inheritance relations with a foreign element and diplomatic and consular relations between states (if any) in the context of consular conventions (treaties). It is demonstrated how some national organizational and legal requirements for personal participation in certain stages of inheritance are related to the public legal sphere, namely to the conditions for the stay of foreigners in the territory of the state, visa / visa-free regime. A number of interrelated international treaties have been analysed, which regulate the requirements for granting official documents of one state legal validity in the territory of another by means of consular legalization, affixing an apostille, etc. In the context of inheritance relations with a foreign element, particular attention has been paid to agreements on legal assistance and legal relations in civil cases, as well as the role of consular institutions in this process.

Legal qualification of crimes on financing the aggressor

2025-06-11T15:52:09+00:00

Since the beginning of the russian-Ukrainian war, economic relations with the aggressor state have become the subject of increased public and political attention. In this context, accusations of cooperation with russia have often been used as a reason for political and economic pressure, including legitimate businesses. Such pressure has been caused, among other factors, by amendments to the Criminal Code of Ukraine, which expanded the range of actions for which Ukrainian businesses can be held liable for economic relations with the aggressor state. At the same time, the updated provisions of the criminal legislation have significant shortcomings, leading to the risk of arbitrary interpretation of these norms by law enforcement agencies. The purpose of this study is a comprehensive analysis of the legal regulation of changes in the Criminal Code of Ukraine which affect the degree of pressure on businesses, as well as the identifying problematic aspects of law enforcement and developing recommendations to minimize risks for entrepreneurial activity. The scientific novelty of the research is a systematic approach to studying the impact of changes in criminal legislation on Ukrainian entrepreneurship and the development of recommendations for improving the legal protection of entrepreneurs under conditions of increasing criminal pressure. According to the conducted research, the main problems in the area of pressure of law enforcement agencies on Ukrainian businesses are the following: the imperfection of legislative regulation (the lack of a clear definition of the objective side of crimes, for which business can be held accountable for economic ties with russia, the absence of specified procedural deadlines for issuing charges after the initiation of criminal proceedings). Other significant issues can include the arbitrary interpretation of laws by law enforcement officers, unjustified initiation of criminal proceedings, and corruption risks related to "ordered" cases. Based on the problems identified in the study, the following practical recommendations for improving legal regulation can be offered: establishing mandatory preliminary verification of facts before the registration of criminal proceedings; introducing clear time limits for issuing charges after the initiation of a criminal proceedings; specifying the objective side of certain articles of the Criminal Code of Ukraine to eliminate the possibility of ambiguous interpretation of these norms and abuses by law enforcement officers; improving the mechanisms of control over the actions of investigators and prosecutors. The research results may be used to improve Ukrainian legislation in the field of national security and economic stability protection, particularly regarding the protection of businesses from unlawful pressure and arbitrariness of law enforcement agencies.

Improvement of the regulatory legal framework of anti-corruption policy

2025-06-11T15:51:54+00:00

The regulatory and legal support for anti-corruption policy in Ukraine and its impact on the effectiveness of the fight against corruption in the field of public administration has been studied. The relevance of this study is due to the fact that corruption remains one of the most serious problems in Ukraine, which negatively affects all spheres of public life – the economy, politics, the judiciary, law enforcement agencies and public administration. The high level of corruption undermines citizensʼ trust in the authorities, hinders the attraction of foreign investment, slows down the processes of European integration and threatens national security. Therefore, a particularly important aspect is the assessment of the effectiveness of the Anti-Corruption Strategy for 2021–2025, which is designed to provide a systematic approach to combating corruption. At the same time, war, economic instability and political challenges can become factors that complicate its implementation. The research on the regulatory and legal support of anti-corruption policy is extremely important for identifying its strengths and weaknesses, the formation of effective mechanisms for preventing corruption and ensuring the rule of law in Ukraine. This study is based on the hypothesis that the effectiveness of anti-corruption policy in Ukraine largely depends on the coherence and effectiveness of regulatory and legal support, as well as on the institutional capacity of anti-corruption bodies. Improving legal mechanisms and increasing the independence of controlling structures can significantly reduce the level of corruption. A number of methods of general legal and special legal nature have been used to verify and confirm the hypothesis. Using methods such as legislative analysis, the normative and legal acts regulating anti-corruption policy have been studied; comparative analysis – anti-corruption approaches in Ukraine and other countries were compared; content analysis – an analysis of scientific research and publications on the topic of anti-corruption policy was conducted; empirical analysis – an assessment of the effectiveness of the activities of anti-corruption bodies was provided based on open data. Based on this comparison, the hypothesis put forward at the beginning of the study was confirmed.

Expert report in administrative proceedings

2025-06-11T15:51:40+00:00

This article examines the procedure and deadlines for submission to the court of an expert report commissioned by a party to the case under Ukrainian administrative proceedings legislation. The relevance of this study is due to the existing conflicting case law regarding the deadline for submission of such evidence to the court, as well as the possibility of attaching it to the case file during the merits stage of proceedings. The paper considers how parties may submit this evidence. Another contentious issue is the different interpretations provided by the administrative courts as to whether proceedings should be suspended for the duration of a forensic examination ordered independently by a party. The hypothesis of this study is that such an expert report must be submitted before the merits stage of proceedings, otherwise, the court may refuse to accept it. In order to test this hypothesis, a detailed analysis of case law was conducted. It was noted that a party-appointed expert report constitutes procedural evidence in administrative cases and, according to the general rules, must be attached to the first statement on the merits of the case submitted to the court. If this document cannot be submitted within the prescribed time limit, it should be filed together with a motion to renew the procedural deadlines before the merits stage of proceedings begins. Analysis of the case law shows that valid reasons for failing to submit such evidence within the prescribed deadline may justify the court renewing the procedural time limits for its submission. Courts are most likely to attach independently obtained expert reports to the case file before the substantive consideration of the case begins, based on case law analysis. In turn, whereas some administrative courts have interpreted the law to allow such evidence to be submitted even at later stages, others have not. The author emphasizes that the suspension of proceedings by the court for the duration of a forensic examination, initiated independently by a party to the case, is inconsistent with current legislation. If a party has commissioned an examination that is still ongoing, the appropriate procedural step is to apply to the court for an extension of the deadline to submit the party-appointed expert report.

Categorical and legal determination of plagiarism

2025-06-11T15:51:26+00:00

The article is devoted to the analysis of the legal categories "plagiarism", "academic plagiarism", "self-plagiarism" from the standpoint of their correlation with each other and their compliance with the current legislation of Ukraine in the fields of copyright and academic integrity. A hypothesis is put forward about the existence of certain contradictions in the legal content of these categories, which is partially confirmed on the basis of theoretical models based on the authorʼs experience, given in other empirical cases and innovations of the Law of Ukraine "On Copyright and Related Rights". The content and structure of the categories "copyright", "plagiarism", "academic plagiarism", "self-plagiarism", "academic integrity" are analysed, the areas of intersection of their subject areas are traced. An attempt is made to carry out a systematic disposition of these categories and a new refined definition of the category of "academic plagiarism" is proposed. It is concluded that in terms of content, the broadest of these categories is "academic integrity". The categories of "copyright" and "plagiarism" are parts of a single system, because plagiarism is a type of copyright infringement. The concepts of "plagiarism" and "academic plagiarism" are close, but not identical; the first category partially overlaps the subject area of the second. Both categories are currently in need of revision. The category of "self‑plagiarism" is not directly related to plagiarism or academic plagiarism, but it belongs to the types of violations of academic integrity norms, and in some cases, it may also entail copyright violations.