Journal of the National University of Ostroh Academy. Series "Law"

Methods of detecting handprints in the course of a comprehensive examination (fingerprinting, molecular genetic), aspects of removal and packaging of objects of biological origin

A. I. Bordiuk — 2025-01-07

The article discusses modern methods of detection and removal of handprints in the course of a comprehensive examination combining fingerprint and molecular genetic analysis. Comprehensive examinations are one of the most powerful tools in forensic science for identifying individuals, allowing to obtain both fingerprint data (fingerprints) and genetic material (DNA) that can be used to identify suspects or victims of crimes. Particular attention is paid to the methods of extracting biological objects and the importance of proper packaging to preserve evidence, which prevents damage or contamination. The application of such methods as fingerprinting powders, ruthenium tetrachloride and laser luminescence are considered. Aspects of the use of molecular genetic methods, in particular PCR, for the analysis of biological materials are also covered. The conclusions emphasize the importance of an integrated approach that ensures the accuracy and reliability of the evidence base in criminal investigations.

Building integrity in judges: Ukrainian experience and internat ional standards

O. P. Herasymchuk — 2025-01-07

Building judicial integrity is an important component of developing an effective legal system that promotes the rule of law and enhances public trust in the judiciary. Judicial integrity is defined as a combination of professional and moral qualities that guarantee the performance of duties within the highest ethical standards. In Ukraine, which is implementing judicial reform, this issue is of particular relevance in the context of fighting corruption and increasing transparency. Building the integrity of judges is a multifaceted process that includes a combination of personal qualities, educational programs, public scrutiny and institutional mechanisms. Law schools play an important role in this process, where future judges acquire the necessary knowledge of ethics, anti-corruption practices and professional responsibility. Ukrainian experience and international practices show the importance of an interdisciplinary approach to building integrity through the integration of theoretical knowledge and practical skills. Higher education institutions are becoming the basis for the formation of a new generation of judges capable of resolving complex legal and ethical issues in the context of high moral standards. This is an important step towards establishing a transparent, independent and ethically sound judicial system in Ukraine.

Why did Danylo Romanovych accept the r oyal crown?

P. M. Kraliuk — 2025-01-07

The article explores the historical context and political motives behind Danylo Romanovych’s acceptance of the royal crown as the ruler of the Galicia-Volhynia state in 1253. The author examines the traditional interpretation of the coronation as an attempt to create an anti-Tatar coalition under the aegis of Rome. Based on the “Galician-Volhynian Chronicle,” the key circumstances are analyzed, including Pope Innocent IV’s role, promises of military support, and the involvement of Polish rulers. Special attention is given to Danylo’s interactions with neighboring states – Poland, Hungary, and Lithuania – as well as his relations with the Golden Horde. The article delves into Danylo's diplomatic and military strategies, including the struggle for the Austrian legacy, relations with the Teutonic Order, and tensions with the Lithuanian prince Mindaugas. The author highlights the coronation as a symbol of both political and religious challenges, considering the religious dynamics in the region. The article argues that the coronation was a strategic move by Danylo to weaken dependence on the Golden Horde and assert claims to the unification of all Rus' lands.

Crimes against humanity committed by Russia against Ukraine: prospects for consideration by the International Criminal Court

M. A. Matviichuk — 2025-01-07

The article examines crimes against humanity committed by the Russian Federation during its armed aggression against Ukraine and evaluates the prospects of their adjudication by the International Criminal Court (ICC). The study is based on an analysis of international humanitarian law, including the Geneva Conventions and the Rome Statute, as well as reports from international organizations and judicial practices. The authors review systematic attacks on civilians, including missile strikes, hospital destruction, deportations, and torture. Special attention is given to mechanisms for documenting crimes, such as witness testimony recording, the use of technology, and international cooperation. Ukraine's ratification of the Rome Statute and the establishment of the ICC office in Kyiv highlight the growing role of international justice in addressing these cases. However, the authors point out significant challenges, including political pressure, restricted access to occupied territories, and limited court resources. The article emphasizes that effectively investigating these crimes is essential for ensuring justice, restoring international law, and setting a precedent for addressing crimes against humanity in contemporary conflicts.

Current problems of determining jurisdiction in disputes in which the party is a tax payer in respect of which a bankruptcy case is initiated

O. O. Melnykov — 2025-01-07

The article examines the importance of correctly determining the jurisdiction of the court that is authorized to consider the relevant category of disputes in order to comply with the principle of the rule of law. Attention is paid to the right to a fair trial, as well as the right to an effective means of legal protection, which are enshrined in the Convention on the Protection of Human Rights and Fundamental Freedoms. Current judicial practice was studied, which raised the issue of the existing legal conflict between economic and administrative courts during the consideration of lawsuit proceedings within the bankruptcy case, in which the party appeals the decision and/or inaction of the tax authority. In particular, special attention is paid to the problem of delimiting the jurisdiction of disputes in which a party is a taxpayer, in respect of whom a bankruptcy case has been initiated. The author also paid attention to current draft laws that are being considered by the Verkhovna Rada of Ukraine and are intended to settle current controversial issues.

Digital innovations in the justice system

O. I. Musii — 2025-01-07

This article explores contemporary digital innovations implemented in justice systems at both national and international levels. The author examines the best practices of countries such as Estonia and the United Kingdom, which have successfully integrated digital technologies into their legal systems. Particular attention is given to electronic platforms for filing claims, video conferencing in court proceedings, and the use of artificial intelligence to automate routine tasks. The Ukrainian experience, including the “Electronic Court” system and the Unified Judicial Information and Telecommunication System (UJITS), is also analyzed. The article highlights the positive effects of digitalization, such as increased transparency, accessibility of justice, and process optimization. Simultaneously, it addresses challenges like ensuring cybersecurity, funding digital projects, and improving digital literacy. In conclusion, the article asserts that digital technologies hold substantial potential for reforming justice systems, and Ukraine must continue to integrate innovative approaches to realize this potential.

The concept “quasi-criminal offence”

O. H. Skarbarchuk — 2025-01-07

The article analyses the concept of a quasi-criminal offence introduced in Ukraine after the adoption of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine in the Field of State Anti-Corruption Policy” in 2014. Although this phenomenon remains outside the attention of the scientific community, it raises many debates about its legal nature. The study proposes to define the concept of “quasi-criminal offence” as a violation associated with legal liability of legal entities for the actions of their authorized persons. The author examines the peculiarities of such offences, including objective and subjective features, as well as the motives and purposes of such actions. The article presents three main categories of quasi-criminal offences depending on the type of actions of authorized persons. Particular attention is paid to the analysis of how the object and objective side of a quasi-criminal offence are transformed in cases where the offence is committed on behalf of and in the interests of a legal entity. The work aims to contribute to further research in the area of liability of legal entities for criminal and quasi-criminal offences.

Genesis of the status of a convict in the times of the Austro-Hungarian Empire and the Ukrainian People's Republic

L. Ya. Sterlbitska — 2025-01-07

The article examines the evolution of the status of convicts during different historical periods, particularly under the Austro-Hungarian Empire and the Ukrainian People's Republic (UPR). The study explores the specifics of Austria's criminal procedure legislation, its application in Galicia, and the legal status of convicts within the socio-political context. Key stages of the Austrian criminal process are described, including the implementation of the 1873 Code, which was enforced in Galicia. The author emphasizes peculiarities of punishment execution, such as capital punishment, and discriminatory approaches toward convicts of various ethnic backgrounds. The period of the UPR also features notable peculiarities in the legal regulation of convicts' status. Legislative acts issued by the Central Council, the government of Hetman Skoropadskyi, and the Directorate were often rendered ineffective due to frequent power changes and military-political instability. The author analyzes the impact of temporary directives, such as the “Instruction for the Military Revolutionary Court” and the “Law on Extraordinary Military Courts,” on the position of convicts and the specifics of the judicial process. The article illustrates how the status of convicts was shaped by legal, political, and social factors in different historical epochs, highlighting their influence on modern interpretations of the rights and obligations of this category of persons.

Commercial court as a subject of evidence collection

B. V. Shabarovskyi — 2025-01-07

The article examines the role of the commercial court as a subject of evidence collection within the framework of Ukraine's commercial procedural legislation. The relevance of this topic arises from the need to balance the principles of adversarial proceedings and party disposition with the court's authority to gather evidence. The author analyzes the relevant provisions of the Commercial Procedural Code of Ukraine (CPC) and judicial practice, emphasizing the general rule that parties are obliged to provide evidence to substantiate their claims or objections. At the same time, in specific cases stipulated by the CPC, the court has the right or even the obligation to intervene in evidence collection. Special attention is given to provisions that allow the court to demand evidence on its initiative when there are doubts about the parties' good faith, as well as appoint expert examinations to clarify essential circumstances. Practical examples demonstrate the application of these powers. Additionally, the article explores the use of judicial orders, the examination of web pages, and other measures to ensure evidence integrity. The author concludes that while maintaining impartiality, the court plays an active role in ensuring an adequate level of evidence, particularly in complex and contentious cases. This approach ensures a balance between the principles of party disposition and adversarial proceedings, contributing to the fair resolution of commercial disputes.

Ensuring the right to access to justice in the context of digitalization of civil proceedings

O. F. Shmyndruk — 2025-01-07

The article analyzes the practical problems arising in the process of introducing electronic technologies in civil proceedings with a view to ensuring citizens’ access to justice. It is established that the introduction of electronic information processing systems in civil proceedings is a necessary step in the development of justice and ensuring access to fair justice for all citizens, especially in times of crises, such as a pandemic and martial law. The article examines the innovations related to the implementation of the Unified Judicial Information and Telecommunication System (UJITS) and the Electronic Court, identifies additional features of the system for litigants, as well as their impact on access to justice and fairness of the judicial process. Particular attention is paid to the analysis of case law, including domestic case law and the case law of the European Court of Human Rights. It is concluded that digitalization of civil proceedings is an added value to the traditional system of access to justice, and technical problems cannot affect the exercise of citizens’ rights to access to court and fair trial. At the same time, courts should provide flexible procedures that should take into account various technical limitations and ensure access to justice for all citizens. The article examines the practical aspects of the use of digital technologies in notifying the parties to a case about the trial and its results and the use of videoconferencing. Based on the case law, the author analyzes the mistakes made by courts when using electronic means of notification of participants. The author concludes that digitalization of civil proceedings opens up new opportunities for ensuring a fair trial, but at the same time creates certain challenges which require timely and systematic resolution.