Ius Modernum

Virtual assets through the prism of international private law

Yuliia TYSHCHENKO, Karyna KOLOMIIETS — Thu, 12 Mar 2026 00:00:00 +0000

The research is devoted to the study of the legal nature of virtual assets and the specific features of their conflict-of-laws regulation within the system of private international law. The rapid development of digital technologies, in particular blockchain, cryptocurrencies, tokens, NFTs, and smart contracts, has led to the emergence of new objects of civil legal relations that are actively used in cross-border transactions and therefore require appropriate legal regulation. In this context, the issue of determining the legal status of virtual assets and the applicable law governing the relevant legal relations, complicated by a foreign element, becomes particularly relevant. The research provides a comparative legal analysis of the statutory definitions of the concept of "Virtual Asset" in Ukraine, the European Union, Poland, the United States, Germany, and Norway. Special attention is paid to the Law of Ukraine «On Virtual Assets», which recognizes virtual assets as objects of civil rights, as well as to the amendments to the Civil Code of Ukraine introducing the category of "digital objects". It is established that, unlike the Ukrainian approach, EU legislation predominantly treats crypto-assets as a digital representation of value or rights without granting them the status of objects of civil rights. The possibility of applying traditional conflict-of-laws connecting factors, in particular lex rei sitae, to determining the legal status of virtual assets is analyzed, and their inadequacy is substantiated in view of the intangible and decentralized nature of such assets. The current conflict-of-laws approaches to transactions involving virtual assets under Ukrainian law and EU law are examined, including the connecting factors of lex voluntatis and the law of the closest connection. Possible alternative conflict-of-laws criteria for determining the legal status of virtual assets are proposed, including the law of the place of business of the service provider, the personal law of the virtual asset holder, or the law of the place of operation of the distributed ledger. The article concludes by emphasizing the need for further development and legislative consolidation of special conflict-of-laws rules governing virtual assets.

International legal protection of whistleblowers in the environmental sphere

Liliia NEVARA, Yelyzaveta HOLOVKO — Thu, 12 Mar 2026 00:00:00 +0000

The protection of environmental whistleblowers is one of the most vulnerable and at the same time the least systematically regulated institutions of contemporary law. It lies at the intersection of the right to access information and guarantees of effective judicial protection, but so far it has not received either proper international legal recognition or full implementation at the national level. The 1998 Aarhus Convention enshrined three key components of "environmental democracy": access to information, public participation, and access to justice. However, it neglected procedural guarantees (whistleblower immunity, reversal of the burden of proof) and substantive means of protection (protection from prosecution, reinstatement at work). This reduces the effectiveness of its provisions and creates a risk of declarative guarantees in national legal systems. The study is based on a doctrinal and practical analysis of international and national mechanisms for the protection of environmental whistleblowers. At the international level, Directive (EU) 2019/1937, the CM/Rec(2014)7 Recommendation of the Committee of Ministers of the Council of Europe, the case law of the ECtHR (Guja v. Moldova, Bucur and Toma v. Romania), as well as UN Human Rights Council resolutions and special reports are examined. It is shown that these acts establish fundamentally important standards, yet do not form a unified international legal mechanism. The national dimension includes an analysis of the legislation and judicial practice in the United States and Canada, as well as a comparative study of certain European jurisdictions (Germany, France, the Netherlands, Italy), which demonstrate different models of law enforcement in the field of whistleblower protection. In the Ukrainian context, the latest case law of the Supreme Court has been analysed in cases related to proving environmental violations, establishing a causal link between harm to the environment and individual rights, as well as balancing the economic interests of business entities and the right to a safe environment. Particular attention is paid to the activities of the National Agency for the Prevention of Corruption in the field of whistleblowing related to the issuance of environmentally significant permits. It has been established that the national legal system maintains the dominance of "corruption reductionism," marginalising the environmental dimension of whistleblowing, which causes an imbalance between international erga omnes obligations in the field of the environment and the domestic level of their normative consolidation and law enforcement. The study results confirm the hypothesis that the absence of a sepatate international legal mechanism for the protection of environmental whistleblowers is a key factor in the fragmentation of guarantees at the national level. The necessity of incorporating into the international legal obligations of the participating states of the complex is substantiated: (a) procedural presumptions (reversal of the burden of proof, procedural immunity); (b) substantive guarantees (protection against SLAPP lawsuits, automatic reinstatement at work); and (c) international monitoring and protection mechanisms (the Aarhus Convention Compliance Committee, the ECtHR, UN special procedures). Such a combination would ensure the specification of international standards and their effective reproduction in national legal systems, providing environmental whistleblowers with a clear legal status as subjects of "environmental democracy" capable of exercising preventive protection of the environment and the rights of future generations.

The procedure of (self)recusal of a judge as a mechanism for ensuring the court impartiality: ECtHR practice and national legal regulation

Tetiana TSUVINA — Thu, 12 Mar 2026 00:00:00 +0000

The study is devoted to the theoretically and practically relevant issue of ensuring international standards of court impartiality through the procedure of judge (self)recusal through the prism of international standards of the right to a fair trial (paragraph 1, art. 6 of the ECHR). The purpose of the article is to study the procedural aspects of (self)recusal of a judge as a mechanism for ensuring the impartiality of the court in the practice of the ECtHR and to analyse the national legislative regulation of the institute of the judge (self)recusal for compliance with international standards of the fair trial. The article consists of three parts: the first of is devoted to the analysis of the role of the (self)recusal procedure as a guarantee of ensuring the impartiality of the court in the context of paragraph 1 of art. 6 of the ECHR; the second concerns the features of the (self)recusal procedure of a judge in the case of a single-judge proceeding in the practice of the ECtHR and national procedural legislation; the third reveals the features of the (self)recusal procedure of a judge in the case of a collegial proceeding in the practice of the ECtHR and national procedural legislation. The study examines, from both practical and theoretical points of view, controversial issues of regulation and judicial practice in the application of the (self)recusal procedure, and the authorʼs vision of ways to overcome them has been proposed. The feasibility of introducing amendments to procedural legislation has been substantiated, in particular the need to enshrine in civil procedural, economic procedural, and administrative procedural legislation the provision on the need to transfer an application for the (self)recusal of a judge to another judge for consideration in all cases without exception; ensuring the right to appeal a court decision based on the results of consideration of an application for the (self)recusal of a judge; and the need to regulate the institution of (self)recusal in the Code of Ukraine on Administrative Offenses.

Promotion of innovation as a criterion for assessing concentrations in the EU

Sergiy DENYSENKO — Thu, 12 Mar 2026 00:00:00 +0000

Digital transformation and the growing role of innovation-oriented markets have questioned the adequacy of traditional approaches to merger control, which focus mainly on market structure and short-term price effects. The growing importance of innovation as a source of competitive advantage has prompted the European Commission (EC) to reconsider how dynamic efficiencies are accounted for in EU merger law. This paper aims to develop the scientific and political discussion on integrating the innovation criterion into merger control by analysing the positions expressed by stakeholders during the European Commission’s 2025 public consultations on the review of the Guidelines for the assessment of horizontal and non-horizontal mergers. The study is based on a combination of doctrinal, comparative-legal, and content-analytical approaches. The evolution of merger control principles in the EU, their interaction with innovation policy and industrial policy have been analysed, as well as a qualitative content analysis of 27 official responses within the Merger Guidelines Review consultation have been conducted. The key areas of discussion have been identified: time horizons of assessment, the presumption of neutrality, the "innovation imperative" ("innovation defence"), and the evaluation of vertical and complementary concentrations. The analysis showed a broad consensus among respondents – primarily representatives of the technological, telecommunications sectors, and start-up ecosystems—on the need to develop a more dynamic and innovation-friendly merger control policy. Key offerings include: 1) extending the assessment time horizons to 5–10 years, taking into account long investment cycles; 2) replacing the presumption of harm with a presumption of neutrality or pro-competitiveness; 3) recognising the "innovation imperative" and the possibility for parties to use the "innovation defence" argument; 4) maintaining separate approaches for horizontal and non-horizontal mergers. Within the evolution of EU competition law, a "fourth generation" of merger control policy is being formed, which combines the protection of competition with the promotion of innovation, sustainability, and technological resilience. The predominant representation of innovation-intensive industries among consultation participants indicates that merger policy is becoming a key tool for ensuring Europe’s innovative competitiveness. For Ukraine, approaching this updated model opens up the opportunity to integrate an innovative criterion into the practice of the Antimonopoly Committee as component of its European integration policy.

Collective protection of consumer rights: prospects for legislative implementation

Liudmyla MYKYTENKO — Thu, 12 Mar 2026 00:00:00 +0000

The prospects and challenges of implementing the institution of collective consumer rights protection in Ukraine in the context of European integration have been examined. The relevance of the work is due to the low efficiency of the current model of individual judicial protection, which often discourages citizens from defending their rights because of significant time and financial costs, especially in the case of minor but widespread damages. The research is based on the hypothesis of creating an effective mechanism for representative lawsuits through the activities of qualified organizations, which will significantly strengthen consumer’ legal protection and ensure the prevention of systemic violations by businesses. The study is based on a comprehensive analysis of the provisions of the Draft Law "On the Protection of Collective Consumers Interests," using a comparative legal method (in particular, the experience of Germany, France, and the Netherlands) and content analysis of normative definitions. The obtained results demonstrate that the proposed reform generally complies with the requirements of EU Directive 2020/1828, but requires clarification regarding financial support for non-profit organizations and the specification of criteria for third-party funding of litigation processes. The necessity of developing supplementary acts has been substantiated to ensure transparent monitoring of qualified organizations and to improve procedural norms regarding the allocation of court costs, in order to avoid excessive pressure on the initiators of lawsuits.

Alimony obligations and additional parental expenses regarding children

Nataliia RYZHENKO — Thu, 12 Mar 2026 00:00:00 +0000

A wide range of issues, dedicated to identifying the problems and prospects for improving alimony obligations and additional expenses that are charged to the parent who lives separately from the child have been highlighted. The relevance of the study is due to the dynamic nature of judicial practice regarding the resolution of disputes over child support in court, the methods of such maintenance, the procedure for collecting alimony and its amount, the circumstances that are taken into account when collecting alimony and the evidence provided to confirm them, as well as taking into account the aforementioned circumstances when collecting additional expenses for the child. Therefore, conducting an analysis of the problems of collecting alimony and additional expenses for a child, with the determination of ways to improve them, becomes particularly relevant. The study has practical significance for the formation of proposals regarding the collection and submission of evidence in the specified area of legal relations when resolving disputes in court. This study is based on the hypothesis that with the development of civil relations, approaches to determining the methods and amount of alimony for minor, underage, and adult daughters (sons), defining the concept of additional expenses for a child, as well as the types of evidence regarding the confirmation of the presence or absence of grounds for satisfying claims in such category of cases, are changing. To verify and confirm this hypothesis, a system of general scientific and special legal methods of cognition was applied. The involvement of analytical methods, such as deduction, induction, and comparison, made it possible to outline the existing legal issues regarding the fulfilment of alimony obligations and the collection of additional expenses for a child. A systematic approach was applied to identify the interconnections between individual types of these legal relations. The formal-legal method was used as the basis for determining certain features of considering cases on the collection of alimony and additional expenses for a child in court. Based on the empirical method, the legal positions of the Supreme Court on the application of legal norms in alimony obligations and on additional expenses for a child when resolving disputes of this category by the courts of first and appellate instances were investigated. The forecasting method made it possible to outline the prospects for the development of the studied area of legal relations. The results obtained in the course of the conducted research confirmed the proposed hypothesis.

Legal regulation of the natural gas market during the period of martial law

Kateryna BORTNIAK, Nataliia DOBRIANSKA — Thu, 12 Mar 2026 00:00:00 +0000

A wide range of issues dedicated to determining the features, problems, and prospects of legal regulation of relations in the natural gas market in Ukraine under the legal regime of martial law is highlighted. The relevance of the study is determined by the practical and legal complexity of adapting the energy sector to conditions of martial law, which has necessitated the introduction of special state management mechanisms, such as a moratorium on tariff increases, the imposition of special obligations, and changes in the procedures of interaction between market entities. Existing challenges regarding ensuring energy security, infrastructure destruction, and limited resources create risks for stable gas supply and require prompt adjustment of the regulatory framework. Therefore, conducting an analysis of the specifics of legal regulation of the natural gas market in crisis conditions and determining ways to optimize it are becoming especially relevant. The study has practical significance for strengthening the energy sustainability of the state, protecting consumer rights, and forming an effective legal framework that takes into account the balance between market regulation principles and national security interests. This study is based on the hypothesis that, in the conditions of a full-scale war in Ukraine, traditional market mechanisms for regulating the gas industry require significant transformation towards strengthening administrative influence, which is a necessary measure to ensure the livelihood of the population and the stability of the economy. To verify and confirm this hypothesis, the author applied a system of general legal and special legal methods. The use of analytical methods, such as deduction, induction, comparison, made it possible to outline the existing legal gaps in the functioning of the natural gas market during a special period. A systemic approach was applied to identify the interconnections between state regulation, the activities of business entities, and social guarantees. The formal and legal method was used as the basis for the analysis of special legislation adopted after the introduction of martial law. Based on the empirical method, the practice of exercising the powers of the regulator and executive authorities under martial law conditions was examined. The forecasting method made it possible to outline the prospects for further market liberalization in the post-war period.

Legal conceptualization of the object of state control

Yevhen STETSOV — Thu, 12 Mar 2026 00:00:00 +0000

The research examines the transformation of the concept of the state financial control object in Ukraine in the context of European integration and the shift from a predominantly inspection-punitive paradigm to a modern public audit model. The research aims to substantiate an integrated definition of the object of state financial control, develop a classification of its components, and identify key inconsistencies in the current Ukrainian regulatory framework, proposing improvement directions aligned with INTOSAI guidelines. The methodology is based on systemic and functional approaches, as well as comparative legal analysis of doctrinal models (fiscal-revision, resource-based, institutional, process-based, documentary-informational, and risk-oriented) and their correlation with contemporary public audit needs (performance audit, compliance audit, IT audit, and risk-based planning). The research argues that Ukrainian legislation effectively narrows the "object of control" to a list of auditees and several control directions, creating a gap between legal provisions and audit practice and constraining the effectiveness of audit instruments. The research proposes an author’s integrated definition of the control object as a multidimensional system of elements of public financial activity and introduces a five-group classification.

"Grey areas" of legal regulation of AI and personal data processing

Andrii HACHKEVYCH — Thu, 12 Mar 2026 00:00:00 +0000

In the modern period, artificial intelligence is often used to perform tasks that are in one way or another related to the processing of personal data. According to current legislation, any operations with personal data must be carried out openly, transparently, and in proportion to defined purposes. At the same time, AI systems are characterized by the "black box" phenomenon, which consists in the fact that the way they function is poorly understood and causes situations that may not have a clear legal solution – they occur in a "grey area". It is considered why the issue of personal data protection is becoming particularly acute due to the development of artificial intelligence and related technologies. The study is based on the hypothesis that the lack of transparency regarding the impossibility of explaining to the data subject what specific information about him and in what way the AI system will use it is the only factor violating the personal data protection. To test this, common applications of AI were analyzed: profiling, biometric identification, content generation, as well as the procedure of training AI systems, which is associated with web scraping as a method of collecting information from websites. Since the mentioned methods are mostly designed by neologisms, their essence is described using the etymological method. The concept of personal data processing in the legislation of countries around the world has been studied, and it has been shown according to which criteria regarding the processing object one can assess processing methods for potential danger. The results of the study lead to the conclusion that the processing of personal data by AI systems may pose an unacceptable risk, violate the requirement for personal data accuracy, create threats to the enhanced protection of "sensitive data" and information about children, occur without the awareness of data subject, and also create a situation where personal data is stored significantly longer than necessary for the defined purpose and when it cannot be corrected (exercise the right to rectification). The factors that cause violations of personal data protection, aside from the lack of transparency, include the inability to ensure full control over the AI operational processes, active interaction with other systems and networks, as well as insufficient protection against data leaks, unauthorized access, and other threats.

Ethical boundaries of AI-Driven Autonomous Weapons

Veronika HORIELOVA — Thu, 12 Mar 2026 00:00:00 +0000

The rapid development of artificial intelligence technologies and their active implementation in the military sphere are leading to multidimensional challenges encompassing ethical, legal, technological, and security aspects. Particular attention is drawn to the phenomenon of autonomous weapons, specifically combat systems capable of independently making decisions regarding the use of force without direct human involvement. Such an approach radically changes the understanding of the nature of modern armed conflicts, while at the same time generating risks of losing human control, violating international humanitarian law, and blurring the lines of legal and moral responsibility.

The relevance of this study lies in the need to develop clear mechanisms for the ethical and legal regulation of autonomous combat systems in conditions where international law has not yet established unified standards, and national legislation remains fragmented and unsystematic. The research hypothesis is based on the assumption that the absence of defined frameworks for the use of autonomous weapons creates the risk of uncontrolled use of force, the consequences of which could be catastrophic for both civilian populations and global stability and the international order.

The methodology includes an interdisciplinary approach that combines a comparative analysis of international legal acts, an assessment of ethical concepts of autonomous decision-making, a systematic risk analysis, and a critical discourse on the issue of civil and democratic control over military technologies. Particular attention is paid to the analysis of Ukrainian legislation and its compliance with international standards, taking into account the provisions of the Military Security Strategy of Ukraine.

The results of the study indicate that Ukraine’s current regulatory framework only partially governs the field of autonomous weapons, while international conventions do not contain sufficiently specific provisions regarding fully autonomous systems. The need to develop ethical codes, ensure transparency of decision-making algorithms, create accountability mechanisms, and harmonise national legislation with modern international approaches is substantiated. It is emphasised that the integration of ethical and legal control mechanisms is a key condition for minimising potential threats, guaranteeing human rights, and ensuring global security in the context of a new military reality.

The "fruit of the poisonous tree" doctrine in the administrative proceedings

Andrii CHVALIUK — Thu, 12 Mar 2026 00:00:00 +0000

The study examined the possibility of applying the "fruit of the poisonous tree" doctrine in Ukrainian administrative proceedings in the absence of its direct codification in the Code of Administrative Procedure of Ukraine. The relevance of the topic is determined by the fact that in public-law disputes, it is often the defect of the initial administrative action (lack of competence, procedural violations, unlawful basis for intervention) that gives rise to a "chain" of derivative evidence and decisions, which are subsequently used by the authority to justify its position, and inconsistent approaches of courts to assessing such a chain reduce the predictability of law enforcement. The hypothesis of the study is the statement that the idea of derivative inadmissibility can be integrated into the administrative process as an evaluative principle of judicial control. In the event that a primary action is recognized as unlawful, the court must critically assess the admissibility and evidentiary value of the information obtained through this action, as well as the lawfulness of the acts based on it, taking into account the presence or absence of an independent legal basis for their obtaining or adoption. To test the hypothesis, a normative-dogmatic analysis of the rules of the Code of Administrative Procedure of Ukraine regarding evidence, their admissibility, and the active role of the court was used, as well as a comparison of these provisions with modern judicial practice of administrative courts and practice in cases of administrative offences, where the cause-and-effect logic of "derivativeness" can be traced. The research results show that the doctrine is effectively implemented through the establishment of primary illegality and the court’s refusal to rely on derivative materials; however, its application should be limited by the requirements of proportionality, the subject of proof, and the inadmissibility of excessive formalisation. The practical significance of the obtained conclusions lies in shaping guidelines for the partiesʼ argumentation and for motivating judicial decisions in disputes concerning derivative evidence and administrative acts. The feasibility of supplementing Part 1 of Article 74 of the Code of Administrative Procedure of Ukraine with a rule according to which the court does not take into account not only evidence obtained in violation of the law but also derivative evidence and information obtained on its basis has been justified.

On the issue of international legal responsibility of states

Mykhailo HRYNYSHYN — Thu, 12 Mar 2026 00:00:00 +0000

A doctrinal consideration of the features of international legal responsibility of states is presented based on its modern contractual, objectivist, and communitarian paradigm. The relevance of the study, considering the adoption in 2001 of the "Articles on the Responsibility of States for Internationally Wrongful Acts", lies in the necessity to logically separate the theoretical foundations of international legal responsibility of states from its normative model. Its nature and character are analysed in the context of representative and functional theories, as well as the forms of international responsibility of states, including the issue of the legal nature of countermeasures. The methodological toolkit of the study is based on the structural-functional method and the reconstruction method, which together make it possible to present the international legal responsibility of states as a holistic phenomenon in its action. The purpose of the study is to combine the achievements and potential of theoretical and philosophical models of the nature and character of international legal responsibility of states with the doctrine of the forms of the latter. The hypothesis of the study is the possibility of a holistic and functional presentation of the theoretical foundations of international legal responsibility of states. It has been proven that the theoretical foundations of the international legal responsibility of states are an imperfect, but fully functional conceptual structure that provides the basis for the corresponding developed international legal practice.