Herald of LUTE. Legal sciences

THE INTEGRITY OF THE USE OF SOCIAL MEDIA BY JUDGES: THE PROBLEMS OF ADAPTATION OF THE LEGISLATION TO THE REQUIREMENTS OF THE DIGITAL SOCIETY

Yu. M. Koltun — 2024-12-30

The article provides a comprehensive analysis of the legal uncertainty of national legislation in the light of judges' use of social media as a requirement for their virtuous behavior in the era of digitalization of public life. For the judicial system, the challenges of the new globalized society create uncertainty and have a synergistic nature. Within the limits of the indicated issues, the issue of legal regulation is quite blurred, since there is no conceptual and categorical apparatus at the legislative level that would determine the aspects of social media and the integrity of the judiciary. It was determined that judges act not only as citizens of the state, but also as its representatives, therefore the issue of integrity of information and behavior in social media related to judges is of great importance for the development of modern jurisprudence in accordance with European standards. It is indicated that at the international level, within the scope of the researched issues, there are two groups of norms that regulate the issue of using social media. The first group includes legislation regulating the right to freedom of speech of a judge, like any person living in modern society in accordance with the generally recognized principles of equality, justice and humanism (Universal Declaration of Human Rights, Convention for the Protection of Human Rights and Fundamental Freedoms). The second group of norms includes norms that relate to the substantive use of social networks by judges as representatives of the judiciary (CJEC Conclusion No. 25 (2022) on the freedom of expression of judges, Codes of Judicial Ethics). The author motivated the need to update the current legislation regarding the integrity of the judge's behavior in the following aspects: an additional instruction in the Code of Judicial Ethics that judges should be careful about using social media both at the author's level and by members of their family, as this can also be considered a manifestation of dishonesty the judge, his bias or pressure on him; creation and implementation for use of the Recommendations on the ethical use of social media by judges and the Instructions on informatization and security for the judiciary.

CERTAIN ASPECTS OF MOBILIZATION IN UKRAINE FROM THE POSITION OF A LAWYER

S. V. Laba — 2024-12-30

The article examines issues related to the improvement of the mobilization system in Ukraine. After the invasion of the Russian Federation on the territory of Ukraine, the citizens of our country faced unimaginable shocks, as every person knows about the criminal and illegal arbitrariness committed by the military of the Russian Federation. Our state faced many new challenges in the field of defense caused by the armed aggression of the Russian Federation against Ukraine. It was established that the servicemen of the territorial recruitment and social support centers, in accordance with the mobilization plan and tasks, at their own discretion decide where and how to mobilize the required number of people, since a small percentage of them voluntarily appear at the military commissariats. As a result, such persons, having the authority to carry out mobilization measures, resort to all kinds of abuses. And that is why it has been proven that an effective measure of ensuring the mechanism of consistent and fair mobilization is the introduction of an automated mechanism for identifying persons in respect of whom it is necessary to take actions for their mobilization, which will ensure its transparency and will not depend on the subjective factors of individual officials. Attention was drawn to the long term of consideration by the courts of petitions for the release of servicemen from criminal responsibility for the facts of voluntary abandonment of a military unit, which makes it impossible to enroll servicemen in the list of military units. The proposed expediency of developing a clear mechanism of action, aimed at ensuring that within 1–2 days, after obtaining the consent of a serviceman to continue military service, the court will issue a decision on exemption from criminal responsibility, which, in turn, will provide an opportunity to include a person in the lists military unit and involve in the defense of the state. The issue of long-term passing of the military medical commission was considered. In order to eliminate such cases, there is a well-founded need to develop a clear mechanism for out-of-hours military medical commission referrals by the pre-trial investigation body, including, if necessary, in hospital conditions.

TRANSFORMATION OF FINANCIAL LAW OF UKRAINE IN THE CONDITIONS OF DIGITALIZATION: PROBLEMS AND PROSPECTS OF LEGAL REGULATION

D. I. Popov — 2024-12-30

The article examines the problems of transformation of financial law of Ukraine under the influence of digital technologies, outlines the prospects of legal regulation in this area. It was noted that digitization affected all institutions of financial law without exception, causing the need for scientific research and evaluation of the processes taking place in this area. Modern financial and legal reality has been enriched with such categories as "digital currency", "digital financial assets", "digital budget", "information system operators", etc. Accordingly, in the conditions of digitization and expansion of the financial market, its exit from the real world into the virtual one, such new directions as "financial technologies" (a kind of combination of finance and new information technologies), "crowd finance", "digital finance", etc. It is emphasized that the digital environment leads to the emergence of new forms of economic development that are not covered by state management tools. In particular, the analysis of the economic activity of digital companies makes it possible to single out a number of features of their functioning that do not fit into the traditional parameters of the financial mechanism. First, digitalization erases state borders, so enterprises can actively carry out economic activities without any physical presence. Secondly, the economic activity of digital companies is characterized by the growth of investments in intangible assets, in particular in intellectual property. Thirdly, the operation of digital business models is based on the collection of data from users through a digital platform and its use as a contribution to the intangible assets of enterprises. It is emphasized that the digitalization of financial law is a certain process of introducing various digital technologies into the activities of subjects of financial legal relations, which make it possible to carry out qualitative transformations in the implementation of control and supervisory functions and to ensure effective interaction between subjects of the financial market. The result of digitization is digital transformation, which consists in the occurrence of specific socially significant results from the use of digital technologies in the financial sphere. At the same time, the dichotomy of digitalization is the emergence of new technologies that ensure the transparency of financial transactions carried out by the participants of the civil turnover, and those, in turn, the efficiency of state administration. It was concluded that the introduction of digital technologies changes the internal content of the processes of influencing social relations, expanding and transforming the methods of influencing the behavior of participants in financial relations. Complementing the traditional methods of legal regulation with technical means of ensuring their implementation, the state increases the effectiveness of the mechanism of legal regulation. Digital technologies provide the right opportunity to regulate social relations in fundamentally new ways, expanding the variability of financial law instruments. In view of this, it is shown that it is under the influence of digitalization that new elements appear in the structure of financial and control (tax, budget, banking, etc.) legal relations, there is a need to develop adequate mechanisms of legal regulation, which determines the relevance of the study of digital technologies and digitalization tools in the field financial law of Ukraine.

DETENTION BY AN AUTHORIZED OFFICER (ARTICLE 208 OF THE CRIMINAL PROCEDURE CODE OF UKRAINE): PROBLEMS OF THEORY AND PRACTICE

L. I. Skreklya — 2024-12-30

The article analyzes the features of detention by an authorized official, which consists in limiting the right to freedom and personal integrity, is carried out in cases clearly defined by the criminal procedural legislation of Ukraine and is considered as a temporary preventive measure. It was established that detention by an authorized official is possible both on the basis of a decision of an investigating judge, a court, and without such a decision. It is justified that the concept of "just now" should cover such a period of time during which it would be possible to take actions within the limits of the Criminal Procedure Code of Ukraine to obtain a court order to detain a person (notify the person of suspicion; deliver a summons to the pre-trial investigation body; in case of such non-appearance, to announce a wanted suspect; apply to the investigating judge for the selection of a preventive measure in the form of detention; petition for detention and delivery to court). It is proven necessary to unite the existing bases in law enforcement agencies, state authorities, centers for the provision of administrative services, subdivisions of service centers of the Ministry of Internal Affairs of Ukraine, civil status registration authorities, executive service, probation authorities, medical and educational institutions, notaries, migration service, fire service, etc with the Unified Register of Court Decisions, in terms of the presence and activation of risks in relation to the person to whom the relevant services are provided, or an inspection is carried out. Accordingly, it is proposed to develop and approve in accordance with the procedure established by law the "Unified automated register for the provision of justice" and to oblige investigating judges and judges, when issuing decisions on the application of measures to ensure criminal proceedings, including detention, to immediately enter relevant information into such a register. The introduction of the "Unified Automated Register of Justice" will create additional opportunities for prompt response to relevant decisions of the investigating judge (court), investigator and prosecutor, as well as automatic notification by the system of the fact of detention (commitment of other procedural actions) of institutions and their officials provided for by law.

PROVISION OF EVIDENCE IN CIVIL PROCEDURE OF UKRAINE: NORMATIVE REGULATION AND DOCTRINAL ASPECTS

I. V. Pasailiuk — 2024-12-30

The article deals with evidence provision in Ukraine's civil proceedings. It outlines the main doctrinal issues and prospects of proof in this field of legal relations. It is noted that the task of civil proceedings directly depends on the ability to give the court the necessary evidence to adequately protect violated, unrecognised or disputed rights, freedoms or interests of individuals, rights and interests of legal entities, and interests of the State. The institution of providing evidence is a set of legal rules that govern the legal relations between the authorised body, the applicant and interested parties regarding the provision of evidence that is likely to be submitted to a court (or, in the case of notarised evidence, also to an administrative body) in the future. The provision of evidence means its immediate acceptance by the court, outside the admissibility conditions specified by law. The court has no right to refuse to secure the testimony, even if written evidence is required by law to prove the facts. Thus, based on the researchers' ideas about evidence, it can be assumed that providing evidence is primarily about preserving its content. The author emphasises that only those pieces of evidence finally assessed by the court and formed the basis of a court decision can be considered judicial evidence. That is, the existence of a link between the information about the facts contained in a particular piece of evidence and the fact is established by the court only after the final assessment of the evidence. That is why, when discussing the provision of evidence, we should speak of providing evidence that is not judicial but is only likely to have the characteristics of judicial evidence (proper procedural form, acquiring and examining it by the procedure provided for by law). It is concluded that the need to prove certain circumstances in considering and resolving civil cases directly relates to the possibility of submitting specific evidence to the court. Provision of judicial evidence is impossible in principle due to the following statements: 1) evidence is always secured before consideration of the case on the merits and adjudication; 2) the final assessment of evidence as to its relevance, admissibility, sufficiency, reliability, etc. is made by the court that considers the case and passes the decision.