Herald of LUTE. Legal sciences

LIMITS ON RESTRICTIONS OF HUMAN RIGHTS: CONCEPT AND LEGISLATIVE CONSOLIDATION

O. S. Kotukha — Fri, 30 May 2025 00:00:00 +0300

This article explores the limits of restrictions on the rights and freedoms of individuals and citizens, their concept, and legislative consolidation. It is noted that the rights and freedoms of individuals and citizens of Ukraine, as guaranteed by the Constitution of Ukraine, may be restricted. The cases in which such restrictions are permissible are detailed in the Constitution of Ukraine and provided for by norms of international law. Among the most effective measures for restricting human rights by the state are the introduction of martial law and a state of emergency. Generally, restrictions intensify when the entire society is under threat. Therefore, during martial law, human rights may be limited for the sake of the common good.It is emphasized that depending on the circumstances, forms of restriction of human rights may include obligations, prohibitions, protective measures, punishments, liability, preventive measures, and so on. Thus, any establishment of legal liability by the current legislation of Ukraine for violation of legal duties by an individual constitutes a restriction of human rights and freedoms. Every modern state has its own system of constitutionally enshrined universal values, which form the basis for determining the limits of the realization of rights and freedoms by the citizens of Ukraine. These foundations can be defined as a set of criteria and guidelines that outline the boundaries of citizens’ exercise of their constitutional rights and freedoms, as well as the implementation–within the framework of the Constitution and laws of Ukraine–of the powers of state and local self-government bodies.The article concludes that the foundation of the legal phenomenon of human rights and freedoms lies in their interaction with the state. It is the state that plays a direct role in establishing, recognizing, implementing, and guaranteeing human rights and freedoms. In this context, when imposing restrictions on human and civil rights and freedoms, the state must find a balance between the inalienable rights of the individual and the maintenance of public order in society. Any imposition of such restrictions within established boundaries must comply with the requirements of the current legislation.There is thus an urgent need for the legislative consolidation of the legal definition of restrictions on human and civil rights and freedoms, including the concept of the limits of such restrictions. The definition and legislative entrenchment of the boundaries of restrictions on rights and freedoms, the balance between citizens' actions, public interests, and the state itself, as well as prohibitions on abuse of state power and official authority during the implementation of human rights restrictions, are currently among the most pressing issues affecting nearly all spheres of public life.

A POSITIVIST APPROACH TO UNDERSTANDING GENDER EQUALITY DURING THE LEGAL REGIME OF MARTIAL LAW IN UKRAINE

R. B. Lemekha — Fri, 30 May 2025 00:00:00 +0300

The purpose of this study is to analyse the legal understanding of gender equality during the martial law regime in Ukraine. Methods. The methods used in this study consist in analysing, summarising and comparing the available scientific and theoretical material and legislative provisions; based on the results of applying these methods, the author provides substantiated conclusions and proposals which can be applied in solving the problems related to the legal understanding of gender equality. Results. The author analyses the concept of "gender equality" both in terms of theoretical developments and its legal regulation. Attention is drawn to the absence of a unified approach to the legal understanding of the concepts of "sex", "gender", "gender equality". The author identifies significant imbalances in the distribution of rights and responsibilities of women and men on the example of fulfilling the duty to protect the Motherland, independence and territorial integrity of Ukraine, especially during the period of martial law. The author analyses the contradictions in legal acts (norms of positive law of Ukraine) in terms of ensuring gender equality. The author supports the proposals to amend the Law of Ukraine "On Military Duty and Military Service" with a view to introducing equal rights and obligations for all citizens of Ukraine, regardless of gender, and to increase the level of Ukraine's defense capability. Scientific novelty. The author substantiates the proposal to introduce both equal rights and equal responsibilities for men and women, which will ensure real, rather than declarative, gender equality, and unify approaches to the legal understanding of its enshrining in legal acts. Practical significance. The study of the legal understanding of gender equality during the martial law regime in Ukraine can be used as part of the preparation of new or amendments to legal acts, or as a source for further scientific research or as theoretical material in the study of various legal disciplines.

PERSONAL IDENTIFICATION USING MODERN DNA METHODS: CURRENT STATE AND PROSPECTS IN UKRAINE

R. I. Sybirna, S. R. Vasylenko — Fri, 30 May 2025 00:00:00 +0300

The article analyzes the current state of development of DNA-based personal identification methods in Ukraine, particularly the use of short tandem repeat (STR) analysis and mitochondrial DNA (mtDNA) testing. The importance of molecular genetic technologies in forensic science, legal medicine, and humanitarian investigations is emphasized, especially in the context of identifying victims of war crimes. Real examples of DNA analysis applied to mass graves in Bucha, Izium, and other locations affected by Russian military aggression are presented. The need to introduce, during the process of reforming the expert service system, uniform internal standards for conducting DNA analysis and their harmonization with international protocols is substantiated, which will ensure the exchange of genetic data with other countries, in particular during cross-border investigations. From the point of view of the legal process, the importance of further improving the legislative mechanisms for the protection of persons subject to DNA identification, as well as an effective system of appeal or re-examination, was indicated. The relevance of work on the further development and expansion of the national registry of genomic information of citizens of Ukraine was confirmed. The advisability of creating a separate Law "On DNA Identification" was announced, which would regulate all technical, legal, and ethical aspects of this process in both peacetime and emergency situations. Using the example of the activities of DNA laboratories in leading countries with a developed forensic science system, it is shown that molecular genetic research is integrated into a complex structure of interaction between the police, judicial authorities, and the healthcare system.The study outlines key scientific, legal, and organizational challenges that hinder the full integration of DNA-based methods into the national identification system. It also highlights future prospects, including the development of bioinformatic infrastructure, creation of national DNA databases, and implementation of international standards in Ukrainian practice.

PROBLEMS OF QUALIFICATION OF ILLEGAL DEPORTATION OF UKRAINIAN CHILDREN TO RUSSIA

M. P. Fedorov, D. R. Strusinska — Fri, 30 May 2025 00:00:00 +0300

Russia's armed aggression against Ukraine is accompanied by the commission of numerous war crimes and crimes against humanity, including the illegal deportation or forcible transfer of children. Currently, there is a problem of qualifying the deportation of children in the international legal dimension. The article analyzes domestic and international legal mechanisms for qualifying the concept of illegal deportation of children as a type of international crime. The fate of Ukrainian children in the temporarily occupied territories of Ukraine is investigated. The concept of Russia's deportation of children from Ukraine as a component of genocide is revealed. The process of returning Ukrainian children from the temporarily occupied territories and the territory of the Russian Federation is analyzed. The international legal qualification of illegal deportation of children as a type of war crime and crime against humanity is considered. The prospects of responsibility for illegal deportation and illegal transfer of Ukrainian children (cooperation with the International Criminal Court) are determined. The study found that the deportation of Ukrainian children from the occupied territories is a gross violation of international humanitarian law and international criminal law. The actions of the Russian Federation regarding the forced deportation of children can be qualified under Article 438 of the Criminal Code of Ukraine, but currently such an international crime is not enshrined in this article. Therefore, it is necessary to amend the Criminal Code of Ukraine to bring it into line with international standards. Prospects for further research in this direction include: a detailed analysis of the jurisprudence of the International Criminal Court regarding crimes related to the deportation of children; research on the issue of the responsibility of Russian officials involved in the deportation of Ukrainian children; development of mechanisms of international cooperation for the return of deported children to Ukraine. The results of the research can be used to improve national legislation, the practice of its application, as well as to prepare relevant materials for international judicial instances.

AMENDMENT, TERMINATION AND NULLIFICATION OF A MARRIAGE CONTRACT

O. M. Chaban — Fri, 30 May 2025 00:00:00 +0300

The article is devoted to the legal regulation of the amendment, termination and invalidation of a marriage contract under the family legislation of Ukraine. Only spouses have the right to amend a marriage contract, despite the fact that the parties to this contract, in addition to spouses, can also be fiancés. For fiancés, the marriage contract comes into force on the day of marriage registration, and on this day they change the status of fiancés to spouses.It has been established that the amendment of the marriage contract is carried out by mutual consent of the spouses and by court decision at the request of one of the spouses, if this is required by his interests, the interests of the children, as well as the incapable adult daughter or son, which are of significant importance.It is determined that the termination of the marriage contract occurs on the general grounds for termination of the contract, taking into account the provisions of Articles 101 and 102 of the Family Code of Ukraine.Only the refusal of the marriage contract by mutual consent of the spouses is possible. Another ground for termination of the marriage contract is a court decision at the request of one of the parties in the event of the impossibility of performing the marriage contract.The grounds for declaring a marriage contract invalid by a court decision are defined by the Civil Code of Ukraine. A marriage contract is declared invalid if its content contradicts the Family Code of Ukraine, as well as the interests of the state and society, its moral principles. A marriage contract is also declared invalid if its party (parties) do not have the necessary legal capacity. A marriage contract is subject to notarization and, accordingly, the notary must verify the extent of the parties' legal capacity. The expression of the will of the party to the transaction must be free and correspond to his inner will – this is another general requirement, compliance with which is necessary for the validity of the marriage contract.A marriage contract must be aimed at the actual occurrence of the legal consequences stipulated by it. If this requirement is not met, the marriage contract is recognized by the court as fictitious, that is, one that was concluded without the intention of creating the legal consequences stipulated by this transaction.If the marriage contract conflicts with the rights and interests of their minor, underage, or disabled children, it shall be declared invalid by a court decision.

VIOLATION OF CUSTOMS RULES IN INTERNATIONAL LAW: THE PROBLEM OF DELIMITATION

D. I. Sapozhnyk — Fri, 30 May 2025 00:00:00 +0300

The definition of a customs offence is necessary to develop a unified approach to them, to establish the powers of customs authorities, and to ensure interaction between customs authorities of different countries.The problems of countering smuggling have recently become particularly relevant in terms of its regulatory and organizational support, which objectively brings to the fore the study of the causal complex of both smuggling and relevant changes in legislation. The International Convention on Mutual Administrative Assistance in the Prevention, Investigation and Suppression of Customs Offences (the "Nairobi Convention") defines a customs offence, which includes such customs offences as customs fraud and smuggling. The article is devoted to the study of the issue of distinguishing between the types of customs rules violations in their qualification in foreign economic activity. It is noted that smuggling is considered to be the movement of goods outside checkpoints and violation of routes intended for the import or export of goods; loading or unloading of ships and aircraft outside the places intended for this purpose; failure to declare goods; concealment of goods in caches or other places not intended for goods; release of goods from free zones, duty-free shops, customs warehouses and customs zones without completion of customs procedures; provision of false, fraudulent or forged documents; provision of The following signs of a customs offence are distinguished: material, formal and procedural. The article considers two groups of crimes which are distinguished in the theory of international criminal law: international crimes and crimes of an international nature, or conventional crimes. The author formulates the definition of an international customs crime as a socially dangerous act that infringes upon the procedure established by international legal acts for the movement of goods and other items across the customs border, which entails criminal liability under national legislation. The author proposes a classification of customs rules violations depending on the object of the offence.