Issue 3/2022

Summary: 1. introduction. – 2. Violation of the War Laws and Customs is the Most Common Crime during the Russian Invasion of Ukraine. – 3. Liability Mechanisms for War Crimes Committed in Ukraine. – 3.1. Prejudicial decisions of international courts. – 3.2. Methods for bringing Russia to justice. – 4. Conclusions.

Editor-in-Chief’s Note

Summary: 1. Introduction. – 2. Military Justice System in Ukraine: De Lega Lata And De Lega Ferenda. – 3. Conclusions.

Summary: 1. Introduction. – 2. The Financial Ombudsman: Essence and Significance in Resolving Disputes. – 3. Conclusions.

Summary: 1. Introduction. – 2. Criteria for Peacekeeping. – 3. The Influence of Peacekeeping on Conflict and Its Effectiveness. – 4. Open Databases of the World Bank, UN Department of Peacekeeping – Data and Examples of State Situations. – 5. Regularities that Influenced the Effectiveness of Peacekeeping and Post-conflict Stabilisation. – 6. Conclusions.

Summary: 1. Introduction. – 2. Activity of Attorneys` Self-Governing Bodies of Ukraine in Wartime. – 3. Social Protection of Attorneys of Ukraine. – 4. Advocacy and Free Legal Aid. – 5. Volunteer Movement in Odesa Bar. – 6. Conclusions.

Summary: 1. Introduction. – 2. Evolution of Views on Military Justice in Ukraine. – 3. Foreign Experience and Practice of the European Court of Human Rights in Relation to Military Courts. – 4. Determinants of the Renaissance of Military Courts in Ukraine. – 5. Conclusions.

Summary: 1. Introduction. – 2. Human Rights under the Influence of Digital Technologies: Fundamental Changes. – 3. The Horizontal Concept of Human Rights and New Addressees of Human Rights Obligations. – 4. Artificial Intelligence and Expanding the Range of Fundamental Rights Holders. – 5. The Implications for Judicial Practice. – 6. Conclusions.

Summary: 1. Introduction. – 2. Approaches to Determining the Content of Economic Sovereignty. – 3. State Sovereignty within the EU. – 4. Relativity of Economic Sovereignty of EU Member States. – 5. Ukraine’s Steps Towards European Integration. – 6. Conclusions.

Summary: – 1. Introduction. – 1.1. Ontological bases of appearance of scientific interest. – 1.2. Research methodology and source base. – 2. Application of special economic and other restrictive measures (sanctions) under the legislation of Ukraine. – 2.1. The nature of special economic and other restrictive measures (sanctions) and problems of their application under the legislation of Ukraine. – 2.2. Reforming the system of sanctions related to the assets of individuals in the legal regime of martial law. – 3. Prohibition of political parties in administrative proceedings under martial law. – 4. Conclusions.

1. Introduction. – 2. The Background of Changes to the Criminal Code. – 3. Key Changes to Crimes Against the Foundations of Ukraine’s National Security After the Start of the War. – 4. The Essence of Collaboration Activities under the Criminal Code of Ukraine. – 5. Conclusions.

Summary: 1. Introduction. – 2. Property Law Regulation under Martial Law in Ukraine (forcible seizure and alienation, compensation of damages). – 3. Features of the Work of the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (UCCI) in Wartime. – 4. Ukrainian Judiciary and Litigation amid War. – 5. Enforcement of Judicial Decisions in the Occupied Territory in Ukraine. – 5.1. Obstacles impeding commencement and termination of enforcement proceedings on the occupied territories and solutions. – 5.2. Introduction of other restrictive measures with regard to decision enforcement. – 5.3. Prospects for reducing the number of enforcement documents and scope of work of executors. – 6. Labour Law Regulations (restrictions of rights and freedoms of citizens under martial law). – 7. Conclusions.

Summary: 1. Introduction. – 2. The Right to a Fair Trial and Panels of Judges. – 3. The Rules Referring to Panels of Judges in the Civil Proceeding. – 3.1. The Rules Referring to Panels of Judges in the Civil Proceeding – Courts of the First Instance. – 3.2. The Principle of the Collegiality of the Panels of the Courts of Appeal. – 3.3. The Principle of Invariability of the Adjudicating Court Composition – 4. The Principle of Invariability of the Adjudicating Court Composition During COVID – 19 Pandemic – 5. Conclusions.

Summary: 1. Introduction. – 2. The Russian Grounds for the Use of its Military Forces Against Ukraine. – 3. Efforts of United Nations in Ceasing Russian Military Actions Against Ukraine. – 3.1 The Role of the United Nations Security Council in Attempts to Cease Russian War Against Ukraine. – 3.2 The Role of the United Nations General Assembly in Attempts to Cease Russian War Against Ukraine. – 3.3 The Role of the International Justice Court in Attempts to Cease Russian War Against Ukraine. – 4. States’ Response to Russian Invasion of Ukraine. – 5. Russian War Against Ukraine and Violation of International Law Rules. – 5.1 Russian War against Ukraine and the Principle of Non-use of Power or Threat within Mutual Relationships among States. – 5.2 Russian War against Ukraine and the Principle of Non-intervention in Internal Matters of States. – 5.3 Russian War against Ukraine and the Rules of the International Humanitarian Law. – 6. The Potential International Mechanisms to Hold Russia Accountable for its Attack on Ukraine. –7. Conclusions.

Summary: 1. Introduction. – 2. Restrictions imposed by states on the Covid-19 pandemic. – 2.1. Restrictions on the right of movement: China, France, Germany, Ukraine. – 2.2. Restriction of voting rights through Covid-19. – 2.3. Restrictions on property rights. – 3. Public interest as a ground for substantiation of restrictions by states in relation to the pandemic covid-19. – 4. Conclusion.

Summary: 1. Introduction. – 2. The Milestone Case: Procedural History and the Supreme Court’s Ruling. – 3. The Supreme Court’s Ruling in a Broader Context: What the Supreme Court Did Not Say (explicitly). – 4. Instead of a Conclusion: Did the Supreme Court Rule Correctly? – 5. Epilogue.

Summary: 1. Introduction. – 2. Components of the Right to a Fair Trial and Their Relationship with the Implementation of E-justice. – 3. Current Situation of E-justice Implementation in Ukraine through the Prism of Recent Legislative Changes and Wartime. – 4. Problems and Prospects of the Actual Implementation of E-justice in Ukraine. – 5. Proposals for Solving the Problems of E-justice Implementation in Ukraine. – 6. Concluding Remarks.

1. Introduction. – 2. Development of a Unified Concept of Judicial Activity and Administration of Justice in Martial Law. – 3. Court Consideration of Civil Cases in Wartime: Main Challenges and Ways to Solve Them. – 4. Concluding Remarks.

1. Introduction. – 2. Intelligence Activity. – 3. Subjects of Intelligence Activity. – 4. Resources in Intelligence Activities. – 5. Selections from the Case Law of the European Court of Human Rights in Relation to Intelligence Services. – 6. Concluding Remarks.

Summary: 1. Introduction. – 2. Determinants of the Formation of the Human Rights Mechanism in Ukraine. – 2.1. External Determinants. – 2.1.1. Rule of Law Index. – 2.1.2. The Case Law of the European Court of Human Rights. – 2.1.3. Recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (Council of Europe Anti-torture Committee) – 2.1.4. Recommendations of the Group of States against Corruption. – 2.2. Internal Determinants. – 2.2.1. Annual Report of the Commissioner for Human Rights of the Verkhovna Rada of Ukraine. – 2.2.2. Results of Sociological Research. – 2.2.3. Expert Perspectives. – 2.2.4. ‘The Quality of Law’. – 3. Trends in the Development of Key Components of the Human Rights Mechanism in Ukraine. – 4. Conclusions.