Foreign trade: economics, finance, law

The paradigm of aggression as the basis for the modernization of international law-making

Nataliia KAMINSKA — 2025-09-16

Attention has been drawn to the analysis of the modern paradigm of aggression, its essential characteristics, as well as the natural modernization of international law-making and the novelization of international legal regulation in this direction. The main components are identified as follows: 1) an analysis of the conceptual foundations of the study of the aggression paradigm, including the consideration of pluralistic methodological tools and modern interpretations; 2) the results of a critical study of the state of international legal regulation of aggression, emphasizing the need for its modernization and strengthening responsibility for the implementation of various forms of manifestations of aggression etc. The multidimensional and interdisciplinary nature of the modern paradigm of aggression is justified, along with the evolutionary character of the formation of the basis for international legal regulation. Currently, the definition of aggression is recorded in UN General Assembly Resolution 3314 (XXIX) "Definition of Aggression" from 1974, the Rome Statute of the International Criminal Court from 1998, although aggression, aggressive war, and other forms of it are also mentioned in other international acts as well. It is emphasized on the ambiguous understanding of aggression, the differences in interpretation in the classical sense and the modern one, considering certain modifications of current aggressions, including the aggression of the russian federation against Ukraine, its hybrid forms of manifestation (military, economic, informational, cultural, etc.). It is important to expand the subject composition of aggression and to search for optimal effective mechanisms for holding accountable those who commit it. It is emphasized that the complexity and ineffectiveness of existing tools for countering aggression, bringing perpetrators to justice for their actions, the growth of challenges and threats, the increase in forms of aggression, and the failure to meet the goals of the UN and other international organizations, determine the expediency of modernizing international legal regulation, ensuring timely and fair punishment for acts of aggression. Both in international law and in the national legislation of democratic states, proper scientifically justified regulation and implementation of effective measures of countering aggression, any aggressive manifestations and threats are necessary for the stable functioning of national and international legal orders, and for ensuring international peace and security for mankind.

UN and lethal autonomous weapons: a Gordian knot of international humanitarian law

Dmytro HONCHARUK — 2025-09-16

The rapid militarization of artificial intelligence and the emergence of lethal autonomous weapon systems (LAWS) generate a complex of legal, ethical, and security challenges – ranging from uncertainty of accountability to risks of algorithmic bias and cyber interference; the United Nations is the central platform for developing global approaches, particularly within the framework of the CCW/GGE. Despite the absence of consensus on a legally binding instrument for a decade, UN activities institutionalize ethical benchmarks and political principles – such as human-centeredness, responsibility, and "meaningful human control" – thereby shaping the normative boundaries of acceptability for LAWS. This study combines two analytical perspectives: (1) the evolution of norm-setting within the CCW/GGE (as lex specialis) and the 11 Guiding Principles; and (2) the broader UNGA discourse on science, technology, and security (A/79/224), which embeds LAWS into the general agenda of "digital norms". The analysis of the GGE’s work and UNGA resolutions indicates that a consensus has emerged around a two-tier regulatory model: firstly, states should assume negative obligations – to prohibit categories of LAWS that are incompatible with international humanitarian law and the principle of meaningful human control (in particular, systems capable of autonomously targeting humans). Secondly, for other systems with elements of autonomy, positive obligations are necessary — to ensure human control and accountability at all stages of the weapons life cycle, to conduct legal reviews, and to implement technical and organizational guarantees of transparency and reliability. The UN is creating a "regulatory field of attraction" for a future LAWS treaty; however, maintaining political divergences and the consensus-based CCW procedure requires transforming principles into clear legal norms in close interaction among states, international organizations, and civil society.

State responsibility for third-party cyberattacks in conditions of anonymity

Kateryna ZVIERIEVA — 2025-09-16

The relevance of this research is determined by the rapid increase in the number of cyberattacks carried out indirectly via third-party actors (non-state groups or proxy actors) and the difficulties in holding states accountable for such actions under conditions of the anonymity of cyberspace. A hypothesis has been proposed that current norms of international law are insufficient for effective "proving the involvement" of a state in cyberattacks carried out by third parties, due to attribution issues and a lack of clear evidentiary standards. To verify the hypothesis, a methodology for analysing the international legal norms (including the draft articles on State responsibility for international legal violations of 2001, UN acts, etc.), precedents, and contemporary scientific publications on this issue has been applied. A comparative analysis of attribution criteria (the "effective control" vs. "overall control" doctrines) in classical international law and their application in cyberspace has been conducted. It has been confirmed that the anonymity and technical complexity of cyber operations create a "dilemma of normative failure" – that is, a situation in which states can effectively evade responsibility. It has been established that in order to hold state sponsors of cyberattacks accountable, it is necessary to improve legal mechanisms: to introduce clearer standards for proving involvement, to develop international cooperation in attribution, and to consider new criteria (such as the concept of "substantial support" in attribution). The obtained results contribute to the deepening of the theory of international legal responsibility in cyberspace and can be used to formulate policies and norms that will prevent the unpunished use of cyberspace for aggression.

Risk-oriented approach to the licensing of natural gas supply

Nataliia DOBRIANSKA — 2025-09-16

A wide range of issues dedicated to identifying problems and prospects for improving the licensing of activities in the field of natural gas supply in Ukraine has been highlighted. The relevance of the study is due to the practical and legal imperfection of the mechanisms for licensing activities in the natural gas market, considering the existing problems with the transparency of procedures, excessive bureaucracy, ambiguity in the interpretation of legislative norms, as well as insufficient control over the implementation of licensing conditions. These factors create risks for the functioning of the market and reduce trust from both consumers and potential investors. Therefore, conducting an analysis of the problems of the current licensing system and identifying ways to improve it is especially relevant. The study has practical significance for the formation of an effective legal framework that will ensure the stability of natural gas supply and promote the development of a competitive market. This study is based on the hypothesis that in the conditions of a full-scale war in Ukraine, the licensing issues in the natural gas market not only remained relevant, but have also intensified due to a number of specific factors related to security, the economy and state coordination. To verify and confirm this hypothesis, a system of general and special legal methods was applied. The involvement of analytical methods, such as deduction, induction, and comparison, made it possible to outline the existing legal shortcomings in the field of licensing activities in the natural gas market. The systematic approach was used in identifying the relationships between the elements of the licensing system. The formal and legal method was used as the basis for determining some features of the licensing system for activities in the natural gas market under martial law. Based on the empirical method, the practice of applying responsibility to licensing entities has been studied. The forecasting method made it possible to outline the prospects for the development and reform of the industry. The results obtained in the course of the research confirmed the hypothesis of this study.

The development of electronic public services in Ukraine

Anna GURZHII — 2025-09-16

The implementation of the principle of openness and accessibility of public authorities to citizens has become possible thanks to the course towards introducing e-governance. An important component of this process has been the development of electronic public services as a step towards improving the interaction between the state and the population. Unfortunately, citizens felt positive changes during difficult times for Ukraine – the COVID-19 pandemic, military actions, and the large-scale invasion by enemy. However, these circumstances contributed to the acceleration of mastering new Internet technologies and the implementation of other remote work opportunities, including ways to address public authorities. Moreover, with the development of information technology, the public service sector continues to evolve, which requires new research. The study is based on the hypothesis that electronic public services can become the basis for improving the service of individuals by public authorities, as one of the elements of overcoming corruption in the state, and have prospects for development and enhancement. The study is based on a comprehensive and systematic approach to analysing the prospects for the development of electronic public services. It has been emphasized that there is a rapid development of the specified sector in Ukraine. The integration of information data from various registers has simplified the search process, so the development should continue. Automation in the processes of issuing documents allows for relieving employees, so the work should continue. The removal of a person from the processes of organizing and providing services will help avoid mistakes (due to negligence) and overcome the corrupt component. The implementation of an electronic queue in public institutions ensures the implementation of the principle of fairness and transparency. The number of users of electronic public services is steadily increasing, influenced by the spread of technology among the population. In a difficult time for the Ukrainian people, the "Diia" app has provided an opportunity to exercise the right to appeal, has become a tool for obtaining electronic public services, and continues to improve. The Ministry of Digital Transformation is focusing on artificial intelligence in this area. Each of these areas continues to develop and has prospects for scaling.

Trends in corrupt offenses (2020–2024)

Oleh PUSHKAR — 2025-09-16

The current state and main trends in the development of crimes related to the acceptance of an offer, promise or receipt of unlawful benefit by a public official have been studied. The relevance of studying the trends in the development of crimes related to the acceptance of an offer, promise or receipt of illegal benefit by a public official is determined not only by the increase in their number, but also by the complexity of the mechanisms for their commission, which requires systemic analysis, improvement of criminal legislation, and effective response tools from law enforcement agencies. In this context, the study of factors influencing the dynamics of such crimes and the identification of new challenges in the field of anti-corruption policy is an extremely important task for scientists, lawyers and state institutions. The basis of this study is a hypothesis that the trend in recent years has been an increase in the number of detected and registered crimes in this area. It is also been suggested that this trend is not entirely negative, as the increase in recorded cases of crimes related to the acceptance of an offer, promise or receipt of illegal benefit by an official mainly indicates a significant increase in the effectiveness of the pre-trial investigation, the improvement of the evidence base, and the professionalism of detectives from the National Anti-Corruption Bureau of Ukraine and employees of the Specialized Anti-Corruption Prosecutorʼs Office of Ukraine. A number of general legal and special legal methods were used to verify and confirm this hypothesis. The use of methods of analysis, synthesis, induction, deduction and comparison made it possible to process and systematize theoretical and practical material on the research topic. The formal-legal method was used to interpret the norms of the criminal legislation of Ukraine regarding liability for crimes related to the receipt of illegal benefit. The method of legal statistics is the basis for analyzing the dynamics and structure of the relevant criminal offenses. Taking into account the obtained results, the hypothesis put forward in this study has been confirmed.

FRAND in the system of overcoming unfair competition

Anton POLIKARPOV — 2025-09-16

The risks and abuses related to licensing standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms have been studied. The main focus is on analyzing practices such as patent hold-up (abuse of the exclusive right of the SEP holder), patent ambush (concealed patenting with an attempt of gaining benefits after standardization), royalty stacking, and hold-out (the refusal of a licensee to conclude an agreement). The judicial and regulatory practices of the EU and the USA have been analyzed, showing that non-compliance with FRAND commitments leads to market monopolization, hinders the implementation of innovations, and creates barriers to fair competition. It has been proven that effective application of the FRAND mechanism is a key tool in countering the abuses of SEP holders. A special emphasis is placed on the Ukrainian context: it is noted that there is a lack of specific regulation of SEP/FRAND, which creates potential risks for the development of the telecommunications and technology sectors. The directions for improving legislation taking into account foreign experience have been proposed. The research hypothesis is that proper implementation of FRAND commitments is a necessary condition for reducing anticompetitive risks. The research methodology is based on formal-legal, comparative-legal, and analytical methods, using case law, regulatorʼs policies, and doctrinal sources.

The principle of in dubio pro tributario in tax relations

Ievgen UGOLKOV — 2025-09-16

The norms of the Tax Code of Ukraine provide for the application of the principle of presumption of legality of taxpayer decisions (in dubio pro tributario) in the case of the existence of a "poor-quality law" as a result of which the regulatory authority cannot make a decision, that leads to a deterioration in the situation of such a taxpayer. The presence of such a principle in tax legislation leads to the taxpayer's expectation that in the case of an ambiguous (multiple) interpretation of taxpayers' rights and obligations, any decisions will be made on the condition that the situation of such taxpayer does not "deteriorate". The scientific approaches and individual aspects of the practical application of the presumption of legality of taxpayer decisions in tax legal relations have been studied. Scientific ideas regarding approaches to content disclosure are analyzed. The study showed that in practice, regulatory authorities neglect the application of the specified principle, as a result of which there is no legal consolidation of a clear and effective mechanism for the practical application of the presumption of legality of taxpayer decisions in tax legal relations. Based on the problems identified in the study, clear practical recommendations have been proposed to improve the legal regulation of the practical application of the presumption of legality of taxpayer decisions in tax legal relations, in particular during the conduct of control and verification activities. The results of the study can be used to improve Ukrainian legislation in the field of tax relations, in particular regarding the protection of taxpayersʼ rights.

Institutes of civil society in the protection of copyright

Dmytro BOICHUK — 2025-09-16

The growing role and multifaceted activities of civil society institutions (CSIs) in the mechanism for protecting copyright and human rights in Ukraine have been studied, which has become particularly relevant in the context of democratic transformations, European integration processes, and the challenges of a full-scale war. The purpose of the article is to study the role, functions and effectiveness of civil society institutions in the mechanism of copyright and human rights protection in Ukraine. The hypothesis of the study is based on the assumption that the active and multifaceted activities of civil society institutions in Ukraine are positively correlated with increasing the effectiveness of the mechanism of copyright and human rights protection, but its potential is limited by systemic problems, which requires the improvement of legal and institutional foundations to ensure the sustainability of their functioning and to strengthen interaction with state bodies. It has been established that CSIs implement polymorphic activities: in the field of copyright – it is educational activity, monitoring of violations (especially in the digital environment), providing legal assistance, participating in advocacy of legislative changes, as well as the specific role of collective management organizations (CMOs); in the field of human rights – monitoring and documenting violations, providing legal assistance, national and international advocacy, shaping public opinion and protecting rights related to creativity and information. The effectiveness of the CSIs is limited by systemic problems: financial and resource constraints, imperfection of legislation, low level of legal culture among the population, difficulties in interaction with state bodies, and challenges of martial law.