Науковий вісник Львівського державного університету внутрішніх справ (серія юридична)

THE CONCERT OF ADMINISTRATIVE EMPATHY IN THE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE: THEORETICAL FOUNDATIONS OF IMPLEMENTATION

Valeriia Bodnar — Wed, 25 Jun 2025 00:00:00 +0300

The article explores the concept of administrative empathy as an essential tool for optimizing the activities of the National Police of Ukraine under martial law conditions. It analyzes the international experience of studying administrative empathy in the field of public administration and administrative activities. It is established that scholars consider it a multidimensional category, the components of which in the activities of civil servants are: 1) the empathic capacity that arises as a result of a shared emotional experience, either explicitly or implicitly; 2) the identification of this shared emotion; 3) the establishment of a connection with the emotion as it is experienced by another person; 4) the communication of understanding from the civil servant to the person who has shared their emotional state. At the same time, the analysis of scientific research allows the conclusion that there are various approaches in the literature regarding empathy: as a stable personality trait (trait empathy) and as a situational phenomenon (state empathy). However, the issue of the “organic” emergence of empathy – that is, the natural process of synthesizing innate characteristics and socially formed competencies – remains insufficiently explored. The article justifies the necessity of integrating administrative empathy into management and law enforcement practices in order to increase trust in the police, improve communication with the public, and reduce social tension in crisis conditions. This is possible thanks to its key functions: reducing social tension, enhancing the effectiveness of communication, and ensuring the quality of decision-making. The concept of administrative empathy in the activities of the National Police of Ukraine is defined as a multidimensional managerial category that combines the ability of law enforcement officers to recognize the emotional state of citizens, analyze their needs, and adapt law enforcement practices to the specific situation. It is proposed to consider administrative empathy as a concept that includes cognitive, affective, behavioral, normativelegal, and institutional components.

TACTICS OF ACTIONS OF UNITS OF THE NATIONAL POLICE OF UKRAINE REGARDING THE SEIZURE OF ILLEGAL WEAPONS FROM THE CIVILIAN POPULATION

Volodymyr Bulachek, Andrii Grechanuk, Yuriy Yosupiv, Mariia Lysa, Marian Kurliak — Wed, 25 Jun 2025 00:00:00 +0300

The article examines the features and tactical methods of interaction between units of the National Police of Ukraine and the civilian population in the process of seizing illegal firearms, ammunition and explosive devices in the post-war period. The authors pay special attention to the ineffectiveness of traditional punitive and repressive methods and justify the feasibility of introducing new, soft communicative and psychological approaches. In the conditions of war and post-war times, when weapons massively enter the civilian environment, the key factor in stabilizing security is effective communication between law enforcement officers and citizens. Special attention is paid to the analysis of psychological motives for keeping weapons among the civilian population. Among them are the desire for self-defense, distrust of state institutions, the desire to maintain control over personal security, commercial interests or habits formed in wartime. The article classifies conditional groups of individuals who keep weapons and offers an individualized approach to each of them based on psychological diagnostics, emotional state, and regional context. Based on practical experience, scientific sources and empirical observations, the authors describe argumentation techniques that can be used in interaction with the population. These include: emotional persuasion, rational argumentation, demonstration of benefits and consequences, techniques for attracting cooperation, etc. The importance of building trust in police officers through demonstration of professionalism, ethics and transparent activities is also described. The role of information policy and educational programs in shaping the legal culture of the population and creating a positive image of law enforcement officers is highlighted. The emphasis is placed on the importance of creating a safe environment for the voluntary surrender of weapons, as well as the involvement of public organizations as mediators between the police and the community. The article has practical significance for units of the National Police working in the field of crime prevention, as well as for developers of programs for disarming the population. It provides practical tools for building an effective system of interaction between the state and society in the field of security.

INTEGRATION OF ARTIFICIAL INTELLIGENCE INTO EMERGENCY DISPATCH SYSTEMS OF THE NATIONAL POLICE OF UKRAINE

Igor Voytushenko, Elmira Mamedova — Wed, 25 Jun 2025 00:00:00 +0300

The difficult realities of our country today encourage us to rapidly integrate modern technologies. In the context of modern technological development, the use of artificial intelligence is becoming an important element in many areas, including law enforcement agencies and the emergency dispatch system. The emergency dispatch system is a critically important component of police work, as it directly affects the effectiveness of responding to emergencies. The National Police of Ukraine today uses traditional methods that involve human participation in the process of processing requests. The integration of artificial intelligence into the dispatch system of the National Police of Ukraine will not only increase the speed of processing requests, but also ensure more accurate resource allocation, optimizing decision-making in real time. Emergency dispatch of the National Police of Ukraine is an important link in ensuring the safety of citizens, therefore, research, improvement and integration of this system are considered a priority. This article examines changes in the technological sphere, as a result of which effective ways were found for the implementation of artificial intelligence, which can significantly improve the efficiency and accuracy of processing requests, reduce response time and increase the overall efficiency of law enforcement agencies. The article also examines successful examples of integrating artificial intelligence into emergency dispatching in other countries, which can become the basis for further developments in Ukraine. Ukraine, as a state experiencing war from the Russian Federation, understands the importance of adequate use of auxiliary defense forces in the form of artificial intelligence. When studying this issue, it turned out that this technology has been actively introduced into various industries in recent decades, and one of the most promising areas of its application is law enforcement agencies, in particular the emergency dispatching system. In Ukraine, the emergency dispatch system of the National Police currently operates on the basis of traditional technologies, however, the introduction of the latest innovations, in particular artificial intelligence, has the potential to significantly increase the efficiency of work and the speed of response to emergency situations. This study aims to study the possibilities of integrating artificial intelligence into the emergency dispatch system of the Ukrainian police, as well as to identify the main problems and barriers that may arise when implementing such technologies.

STAGES OF ADMINISTRATIVE PROCEDURE IN LEGAL RELATIONS RELATED TO PUBLIC SERVICE

Nataliia Dobrianska — Wed, 25 Jun 2025 00:00:00 +0300

The article highlights the stages of the administrative procedure in legal relations related to public service in Ukraine. The author substantiates that public service is a complex administrative and legal process that includes a number of consecutive stages, each of which is regulated by legislative norms and is aimed at ensuring the efficiency of public administration. It is determined that the administrative procedure in this area includes the procedure for entering the service, its passage, transfer, career advancement, assessment of the effectiveness of service activities, application of disciplinary measures, as well as termination of service relations. It is proven that the initial stage of the administrative procedure is the selection of candidates and their entry into service, which is carried out through competitive selection, appointment and registration for a position. It is argued that an important element of this stage is compliance with the principles of equality, transparency and professionalism, which ensures proper selection of personnel. The stages of the administrative procedure for passing the public service are analyzed and it is established that these include the processes of evaluating work results, improving qualifications, promotion or transfer to other government bodies. The article argues that a separate role is played by disciplinary proceedings, which are an important mechanism for ensuring official discipline and responsibility. It is proved that the final stage is the termination of public service, which can occur for various reasons, including one’s own desire, reaching the age limit, reduction in position or violation of official duties. Based on the analysis of the legal regulation of administrative procedures related to passing the public service, the main shortcomings of the current legislation are identified and ways of its improvement are proposed. It is proved that the optimization of these procedures will contribute to increasing the efficiency of public administration, strengthening the principles of the rule of law and trust in government institutions.

INFORMATION SECURITY OF UKRAINE UNDER MARTIAL LAW

Olesia Nitsevych — Wed, 25 Jun 2025 00:00:00 +0300

Information security is a priority area of Ukraine’s state policy under martial law, aimed at safeguarding national interests, sovereignty, and the security of its citizens. Given the state of war and the growing cyber threats, large-scale digitalization and the use of information technologies in conjunction with vast volumes of digital data have led to a critical escalation of crime in the information sphere. The significant expansion of sources of access to information amid the rapid development of digital technologies, along with a low level of media literacy (media culture), is accompanied by a decline in the critical perception of information. This creates a basis for possible manipulation of public opinion and contributes to the increasing influence of disinformation and destructive propaganda. The uncritical perception of information poses a threat to the political and economic stability of democratic states. During the full-scale invasion by the Russian Federation, cyberattacks have become a routine type of military operation, synchronized with the use of military force. This combination of military aggression and cyberattacks has a profound impact on the civilian population, affecting critical infrastructure. State policy in the field of cybersecurity must be aimed at forming a secure national cyberspace, preventing interference by foreign states and their attacks on infrastructure facilities, strengthening the country’s cyber defense capabilities, and reducing the vulnerability of cybersecurity targets. Among the key strategic areas of legal regulation of information security under martial law is the necessity of international cooperation within the framework of European integration and NATO membership to enhance the responsiveness to current cyber threats. A strategic priority in the legal regulation of information security under martial law should be the alignment of the regulatory framework with modern challenges and the establishment of more effective interagency coordination.

FEATURES OF ADMINISTRATIVE DOCUMENTS THAT ARE CONSIDERED IN ADMINISTRATIVE COURTS

Vasyl Petelka — Wed, 25 Jun 2025 00:00:00 +0300

The article, on the basis of a comprehensive system analysis, examines the peculiarities of administrative documents that are considered in administrative courts. The relevance of the investigation is due to the need for legal regulation of administrative and legal disputes between public authorities on individuals and legal entities. The object of investigation is the judicial proceedings for the consideration of administrative documents in administrative courts. The subject of investigation is the administrative legal norms that regulate administrative documents in administrative proceedings. The research methodology is characterized by the use of formal scientific, historical, formal-logical, organizational-functional, routine and other methods. Administrative judiciary is a systematized set of material and procedural rules that regulate the review of documents that arise from public legal regulations. It is stated that the administrative court on the right is transferred to the administrative court, which suggests that the highest level in the order of administrative justice, with the participation of the parties and other involved individuals, can be taken to a statement about the protection of rights in the sphere of public legal matters. The study of the essence of the legal structure of “administrative documents” testifies to its independence and strength, which allows us to draw conclusions about the institutional nature of this legal category. Assuming the next level of autonomy of the legal category, it is necessary to rely on the official rules of law. The skin element of the administrative structure has a specific straightness, which strengthens the administrative structures in the entire institution. As elements of the structure of administrative law we can consider: the subject and the subject of the dispute; rules of ownership; parties to the dispute and other individuals who take part in justice – subjects of justice; dispute resolution procedures; procedures for discrediting a decision made.

ADMINISTRATIVE PROCEDURES IN THE ACTIVITIES OF PUBLIC ADMINISTRATION BODIES

Oleksii Petelka — Wed, 25 Jun 2025 00:00:00 +0300

The article, based on a comprehensive system analysis, examines administrative procedures in the activities of public administration bodies in the context of Ukraine’s European integration. The relevance of the study is due to the fact that the state interacts with individuals and legal entities, ensuring the possibility of participation in the development of administrative decisions. This important aspect of the development of legislation and the practice of its application is primary, the remaining areas of public administration reform should be considered derivatives of it. The institute of administrative procedures can act as a means of transforming public administration, contributing to the achievement of the following tasks: creating guarantees for the protection of the rights of individuals and legal entities in mutual legal relations with public authorities and officials; ensuring legality in the activities of the administration; legitimizing administrative decisions; creating legal boundaries for administrative discretion; combating corruption; standardizing administrative and judicial practice; stimulating economic growth and creating favorable conditions for investment. The object of the study is the legally regulated social relations that arise in connection with the interaction of public authorities with individuals and legal entities regarding the adoption of administrative acts. The subject of the study is the norms of legislation on administrative procedures and the practice of application. Administrative procedures act as a connecting link between public administration, individuals and legal entities when adopting administrative acts by public administration following the procedure. It is noted that the implementation of legislation on administrative procedures is a requirement of the European Union aimed at creating an attractive investment climate. Legislation on administrative procedures contributes to the systematization of legislation on public administration.

PECULIARITIES OF COUNTERACTING PSYCHOLOGICAL MANIPULATION BY THE CRIMINAL POLICE UNITS OF THE NATIONAL POLICE OF UKRAINE AS AN INTEGRAL PART OF COMMITTING FRAUD IN MARTIAL LAW CONDITIONS

Andriy Babyak, Yuriy Tsaruk — Wed, 25 Jun 2025 00:00:00 +0300

The article is devoted to the study of aspects of psychological impact on the victim through manipulation; peculiarities of establishing the limits of legal culpability of a fraudster in manipulation as a type and method of committing fraud committed under martial law; the concept and essence of the term manipulation. Taking into account the practical experience gained, the author highlights the shortcomings in the issue of countering manipulation during fraud by the criminal investigation officers of the criminal police units of the National Police of Ukraine, and forms a vision of possible, legally correct “steps” to counter fraud in terms of improving the proportion of solving criminal offenses, including those of previous years (unsolved crimes). The author analyzes the state of scientific research on the psychological impact of a fraudster on a victim through manipulation. The author analyzes empirical data from departmental reporting and obtains a mathematical basis in terms of registered (detected), solved and unsolved criminal offenses of fraud, and emphasizes that a significant part of the subjects who committed criminal offenses of fraud and were detected are women. The author identifies the “arsenal of means” and methods of criminal manipulation of the victim's consciousness and behavior used by fraudsters in committing a criminal offense. The author examines the structural component of a fraudster's personality, identifies the guidelines and motives of fraudulent activity, and clarifies the meaning of psychological terms: attitude and personality. It is concluded that in the issue of combating fraud as a type of criminal offense, the criminal investigation officers of the criminal police of the National Police of Ukraine should take into account the peculiarities of psychological influence on the victim through manipulation, for the most effective counteraction to the outlined type of criminal offense.

FEATURES OF COMBATING ORGANIZED CRIME AS A TOOL USED BY THE SPECIAL SERVICES OF FOREIGN STATES DURING THE WAR IN UKRAINE

Oleksandr Horoshko — Wed, 25 Jun 2025 00:00:00 +0300

The article highlights the features of the fight against organized crime as a tool used by foreign intelligence services in the context of the war in Ukraine. To achieve this goal, dialectical, statistical, systemstructural and formal-logical research methods were used. It is noted that in the context of the Russian-Ukrainian war, the fight against organized crime has acquired a new meaning, since the special services of the Russian Federation are trying to use organized criminal groups to penetrate the political and economic structures of Ukraine. It is noted that to carry out subversive operations on the territory of Ukraine, Russian intelligence services are actively involving individual members of existing organized criminal groups, and are also seeking to create new criminal groups in order to carry out illegal activities within our state. It is emphasized that in order to effectively combat transnational and ethnic organized crime, the Department of Strategic Investigations of the National Police of Ukraine has the right to proactively make decisions to ban entry into the territory of the state to persons belonging to the categories of “thief in law”, “criminal authority”, as well as persons controlled by and close to them. The article analyzes the main areas of activity of the Security Service of Ukraine in the fight against organized crime, which may pose a threat to national security in wartime. It is indicated that one of the forms of destabilization of the situation in Ukraine, especially in border and front-line zones, is the attempts of Russian special services to use organized criminal groups involved in the illegal trafficking of narcotics in order to weaken the country's defense capabilities. It was determined that in the context of the Russian-Ukrainian conflict, a special role is played by combating organized cybercrime, as well as ensuring the stable and secure operation of state bodies and critical infrastructure facilities in cyberspace. The importance of combating information and psychological operations of Russian special services aimed at spreading disinformation and attempts to incite internal conflicts both in Ukraine and in the context of relations with international partners was emphasized.

THE ELECTRONIC EXPERT REPORT AS EVIDENCE IN UKRAINIAN CRIMINAL PROCEEDINGS: LEGAL PRACTICE, CHALLENGES, AND PROSPECTS

Inha Kalancha — Wed, 25 Jun 2025 00:00:00 +0300

This article is devoted to the analysis of the role of expert opinions within the Ukrainian criminal procedure system, specifically when such opinions are presented in the form of electronic documents. The paper emphasises that existing legislative provisions – particularly those enshrined in the Law of Ukraine “On Electronic Documents and Electronic Document Flow” – allow expert opinions in electronic form to be used as legitimate sources of evidence. At the same time, current procedural practices related to the creation, verification, and examination of such documents remain fragmented and inconsistent, thereby jeopardising the admissibility of such evidence in criminal proceedings. The study offers a systematic interpretation of the provisions of the Criminal Procedure Code of Ukraine, as well as special legislation and subordinate regulations governing the creation, signing, transmission, storage, and examination of expert opinions in electronic form. A comprehensive analysis of the legal and practical risks is provided, including those associated with the potential loss of authenticity, misinterpretation of the legal status of a document’s visual representation, and non-compliance with the requirements for qualified electronic signatures (QES). The article advances several key conclusions. First, it is necessary to append both a hard copy and the electronic file of the expert opinion, along with the QES verification file, to the case materials. Second, it is advisable to verify the integrity of the electronic file and the authenticity of the QES at every stage of the criminal process. Third, such opinions must be signed exclusively with a qualified electronic signature. Fourth, courts must examine the actual electronic version of the expert opinion, verifying both the file’s integrity and the validity of the QES. In addition, the study confirms the permissibility of storing all electronic documents (as defined in Article 5(1) of the Law of Ukraine “On Electronic Documents and Electronic Document Flow”) related to a single criminal proceeding on a unified data carrier to optimise resource use. The author proposes an algorithm for managing expert opinions in electronic form at all stages of criminal proceedings – from initial receipt and verification to courtroom examination – ensuring compliance with the principle of immediacy and evidentiary admissibility standards. It is argued that the effective use of such evidence requires regulatory precision, methodological standardisation, and procedural formalisation of actions by authorised actors. The findings of this research form a basis for updating legal practice and for the future codification of rules governing electronic forms of evidence in Ukrainian criminal proceedings.

OPTIONAL SIGNS OF THE SUBJECTIVE SIDE OF THE COMPOSITION OF A CRIME UNDER THE CURRENT CRIMINAL CODE OF UKRAINE

Roman Maksymovych, Taras Tymchyshyn — Wed, 25 Jun 2025 00:00:00 +0300

The article is devoted to clarifying such elements of the subjective side of a crime as motive and purpose. It analyzes how this issue is addressed in the current Criminal Code of Ukraine. Examples of definitions for the concepts of motive and purpose of a crime are provided. The article differentiates cases where the presence of a motive or purpose indicates qualifying or especially qualifying features of a criminal offense. It outlines situations where the existence of a motive or purpose increases the social danger of the act committed and directly affects the legal assessment of the act. The influence of motive and purpose on distinguishing between different socially dangerous acts is demonstrated. Attention is drawn to the fact that the indication of purpose in committing a criminal offense points to the presence of direct intent. It is noted that motive and purpose as elements of a crime refer to one another. The article lists cases where criminal motives are important for the qualification of a crime and differentiates cases where criminal purpose plays a role in qualification. Examples are provided where motive and purpose are not explicitly mentioned, which means their absence as elements not considered in the legal assessment of certain socially dangerous acts, along with exceptions to this rule. In particular, it highlights cases where, despite the absence of explicit legislative reference to a particular motive or purpose, they axiomatically follow from the analysis of other elements of the criminal offense. It is shown that situations arise where a person may act under various motives, making it essential to determine which one was decisive. It is stated that during the qualification process, motive and purpose can be established only in intentional crimes, and relevant examples are provided. There are situations where the absence of a specific motive or purpose leads to a different legal assessment of the act. Cases of unclear purpose during the commission of a crime and the accompanying qualification challenges are presented. Finally, examples from judicial practice, particularly from Supreme Court rulings, are given where the motive or purpose of committing a crime plays a key role in its qualification. Notably, the article points out situations where the highest judicial body in the system of general jurisdiction courts clarified its position or expressed the irrelevance of establishing a particular motive.

A UNIFIED REGISTER OF PERSONS CONVICTED OF CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS: BETWEEN LEGISLATIVE INTENT AND THE REALITY OF LAW ENFORCEMENT

Anna Tishchenko — Wed, 25 Jun 2025 00:00:00 +0300

The article examines the current and socially significant problem of combating sexual violence against minors in Ukraine by creating and operating a Unified Register of Persons Convicted of Crimes Against the Sexual Freedom and Integrity of a Minor. The author justifies the need to strengthen criminal liability and long-term control over such persons due to the risk of relapse, which does not disappear after serving the sentence. The focus is on the analysis of legislative innovations, in particular Law No. 409-IX of 2019, which introduced the register. The article examines in detail the legal basis for creating a database containing information about convicted persons even in cases where the criminal record has already been extinguished. At the same time, discrepancies are found between the declared mechanisms and the practice of their implementation. In particular, courts do not always indicate in their verdicts the need to enter data into the register, and the register entries themselves are often not checked when accepting candidates for positions in institutions working with children. The author argues that the current regulations are ineffective, emphasizes the legislative gaps that allow convicted persons to avoid real restrictions on employment, and proposes clear amendments to a number of laws. This includes, in particular, establishing a lifelong ban on working with children for persons included in the register, without the possibility of appeal, unless the conviction is overturned. Particular attention is paid to the issues of the legal status of such persons, conflicts with the concept of a criminal record, and the need to develop a separate legal category – restrictive measures that do not depend on the term of the sentence served, but are valid until the moment of exclusion from the register. Thus, the work highlights not only weaknesses in the field of combating crimes against the sexual integrity of minors, but also offers a holistic mechanism for their elimination. The article is an important contribution to the development of a child-centered approach in criminal law, and the proposed amendments can serve as the basis for improving legislation in the field of protecting the rights of the child.

IMPLEMENTATION OF THE CONSTITUTIONAL RIGHT TO EQUALITY THROUGH GENDER ISSUES IN THE ADMINISTRATION OF JUSTICE

Lіubomyra Melekh, Bohdan Melekh, Valentyna Lisovska — Wed, 25 Jun 2025 00:00:00 +0300

The article is devoted to the current problem of gender equality in the administration of justice in Ukraine. This topic is cross-cutting, and acts as such, which should be considered as an integral part of national priorities, programs and the legislative process. Access to justice is guaranteed and ensured by effective means of judicial protection of rights. In practice, mainly, equal access to justice is ensured through legal aid mechanisms due to the complexity of the case, the emotional or material condition of the party to the process. That is why taking into account gender issues is of great importance here. The article, based on a comprehensive analysis, considers that gender equality is a fair treatment of men and women in accordance with their needs in the administration of justice. This may include equal treatment or treatment that is different, but interpreted as equivalent in terms of rights, obligations and their opportunities. In the context of the formation and development of the goal of gender equality, it very often requires measures to compensate for the social and historical disadvantage of women. That is why gender equality must be considered as an idea, as a legal category, and as a constitutional principle of law. The relevance of the issue is also determined by the fact that currently in Ukraine in the field of access to justice there are still problems of gender equality. The main purpose of the work is to conduct an independent study of the issues that arise when considering the impact of gender equality in the administration of justice in Ukraine in order to form the author’s recommendations and conclusions, to ensure effective and sustainable practice of law enforcement of the constitutional principle of gender equality in the justice system of Ukraine. The article also substantiates that gender equality and women’s empowerment are identified as key development goals, leading to effective and sustainable results, as well as fundamental for the realization of human rights. It is emphasized that no society can develop without transforming and increasing the distribution of powers, resources and choices for women and men, so that they have equal opportunities to shape their own lives in any legal relations.

MODERN MODEL OF REALIZATION OF THE RIGHT TO HUMAN DIGNITY

Inna Pyvovar — Wed, 25 Jun 2025 00:00:00 +0300

In the context of proving the relevance of the research topic, it was established that dignity as a legal category is a multidimensional phenomenon in today’s realities, since it, having an inexhaustible content, is an integral component of legal existence, while it can be understood as a natural good and value that is not limited exclusively by legal boundaries. In legal doctrine, human dignity can be interpreted as a right guaranteed by Article 28 of the Constitution of Ukraine, and which, in essence, is a criterion for the admissibility of possible restrictions on human rights and freedoms. Today, the issue of the right to dignity is a painful one for Ukrainian society and, given the full-scale invasion of the Russian Federation into Ukraine, requires a new understanding, in particular, the establishment of effective mechanisms for legal response to its violation. In the general theory of state and law, we can distinguish two mechanisms of the modern model of regulation of the right to human dignity: national and international. The national mechanism includes the prohibition of torture, cruel, inhuman or degrading treatment, etc. The Constitutional Court of Ukraine has repeatedly considered cases regarding human dignity and formed a legal position on the unconditional nature of this right. Considering today’s realities, we can rightly state the declarative nature of the above norms and the absence of an effective mechanism for ensuring the constitutional human right to dignity. In addition to the obvious impact of war, the human right to dignity faces other challenges, including corruption, abuse of power by officials, stigmatization of vulnerable groups, and so on. Judicial protection of the right to human dignity is a certain means of ensuring it, but it is not sufficient, and therefore this right requires expanding its protection on a practical level.

METHODS OF RATIONAL USE OF JUDICIAL RESOURCES IN THE CONTEXT OF ORGANIZING THE JUDICIAL SYSTEM USING DIGITAL PLATFORMS

Danylo Berezyuk — Wed, 25 Jun 2025 00:00:00 +0300

The article, based on a comprehensive systemic analysis of the current legislation of Ukraine and regulatory acts of the European Union countries, considers methods of rational use of judicial resources in the context of organizing the judicial system using digital platforms. The relevance of the study is due to the presence of an uneven load on judges due to the need to transfer justice from the war zone. The object of the article is legal relations related to the organization of judicial activity under martial law. The subject is formed by the principles and norms of national law and the law of the European Union member states that regulate legal relations related to the organization of judicial activity. The nature of judicial digital platforms as a way of implementing the functions of the judiciary in the digital environment is substantiated. The idea of a judicial (information) digital platform includes organizational, functional and technological aspects. As an organizational structure of the judicial system, the digital platform is considered as a spatial territory (places for communications) that unites the subjects of legal proceedings in the implementation of online justice, which entails the expansion of the content of the right of individuals and legal entities to judicial protection by including the right to remote participation in the resolution of conflicts and disputes by the court. It is noted that the platform model of organizing judicial activity changes the content of the principle of access to the court and the institution of jurisdiction, eliminating their connection with the territory as a geographical environment. The use of a judicial digital platform transforms the procedure for implementing organizational and procedural actions by participants in legal proceedings, introduces universal and uniform rules for all participants in legal proceedings, which are supported by the digital platform as a set of technologies, which requires guarantees for eliminating digital inequality in the field of judicial protection of rights.