Analytical and Comparative Jurisprudence最新文献

{"title":"Complexity of the legal nature of the right to reproduction","authors":"A.M. Halaiko","doi":"10.24144/2788-6018.2024.02.22","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.22","url":null,"abstract":"This article examines reproductive health as an important component of physical and mental well-being in modern society. It focuses on a wide range of services and information covering sexual and reproductive health, contraception, family planning, STD treatment, pregnancy and childbirth. It is indicated that the effectiveness of reproductive health protection is supported by international norms, including the Sustainable Development Goals No. 3, and is based on the principles of dignity, equality and the right to free choice. It is emphasized that reproductive health is a fundamental human right, which is directly related to the right to life and health. Research in this area helps to clarify the effectiveness of legal norms and protection measures, the article also highlights the problem of discrimination, particularly on the basis of gender, in the context of reproductive health, and emphasizes the importance of combating this inequality. In addition, the article points to the importance of access to information about reproductive health as a key aspect of human rights that contributes to public education and awareness. \u0000The article also considers the complex nature of the right to reproduction, which includes biological, legal, ethical and social aspects that interact with each other and require a careful balance between human rights, ethical principles and social needs. \u0000It is motivated that the right to reproduction implies the right of each individual to make free choices regarding sexual behavior, family planning and access to quality reproductive health services, but the realization of these rights may face ethical and moral dilemmas, as well as different approaches to legal regulation in different countries. Also important is the social aspect, which includes the availability and quality of reproductive health services, as well as taking into account socio-cultural norms and values. It was found that all these aspects require a careful balance between human rights, ethical principles and social needs, in order to ensure adequate protection and support of the reproductive health of each person.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1132","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The influence of the decision of the European Court of Human Rights in the case \"Polyakh et al. v. Ukraine\" on the development of lustration as an independent type of constitutional and legal responsibility in Ukraine","authors":"V.V. Homonay","doi":"10.24144/2788-6018.2024.02.24","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.24","url":null,"abstract":"The article is devoted to the analysis of lustration as an independent type of constitutional and legal liability in Ukraine and its evolution under the influence of the decision of the European Court of Human Rights in the case \"Polyakh et al. v. Ukraine” (became final on February 24, 2020). It is noted that lustration, in view of its principles - presumption of innocence, individual responsibility, guaranteed right to defense - and in view of the consequences for the person subject to lustration, is an \"instrument” that leads to the restriction of the rights and freedoms of a person and a citizen. This is an independent type of constitutional and legal responsibility that is developing in Ukraine and is an integral part of the development of Ukraine as a democratic state. It is noted that since lustration limits the rights and freedoms of a person and a citizen, it must meet the following criteria: be established by law; have a legitimate purpose; to be necessary in a democratic society. \u0000The decision of the European Court of Human Rights in the case \"Polyakh et al. v. Ukraine” was analyzed. As for the legitimate purpose, when applying lustration as an type of constitutional and legal responsibility in Ukraine, it was applied to a very wide range of persons, which did not correlate with the legitimate purpose and legal purpose, which was to protect a democratic form of government. This large circle of lustrated persons included persons for whom the application of lustration did not pursue a legitimate goal, and the interference with their rights was not proportionate. \u0000Since the decision of the European Court of Human Rights is a source of law in Ukraine, and Ukraine has an obligation to implement the decisions of the European Court of Human Rights, taking measures of a general nature to implement the decision \"Poliakh et al. persons subject to lustration and its clear definition. As for the measures that were applied to all persons subject to lustration, such measures were as restrictive as possible, as broad as possible in scope, and no individual assessment of the behavior of the person subject to lustration was carried out. When improving the legislation on lustration, it is necessary to provide for an individual assessment of the person subject to lustration; to apply restriction measures, which are characterized by different degrees of restriction and to establish the criteria for their measurement and application.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"114 18","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Police custody: preventive or coercive police measure","authors":"M.R. Kaliman","doi":"10.24144/2788-6018.2024.02.78","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.78","url":null,"abstract":"The scientific article is an attempt to find out whether police care belongs to a preventive or coercive police measure: \u0000It has been established that in view of the legal basis, police custody is clearly classified as preventive police measures. \u0000It is emphasized that the essence of police custody is the limitation of some constitutional human rights, although the purpose of applying the measure is preventive - prevention of offenses committed by persons subject to police custody and in relation to such persons. It was determined that police custody should be carried out taking into account, first of all, guarantees of human rights and freedoms, guided by the principles of the rule of law. \u0000The analysis of the theory of administrative law and the normative legal grounds for the use of police custody allowed the author to attribute the latter to measures of administrative coercion, namely, measures of administrative prevention. It has been proven that the purpose of applying administrative prevention measures coincides with the purpose of applying police supervision. \u0000The article delimits police custody from the delivery and detention of the offender. The author dispels the myth about the identity of police custody, delivery and administrative detention, because they fundamentally differ in their purpose, the place where the person is delivered, the terms of application, and the legal meaning. Emphasis is placed on the fact that the parallel application of other preventive police measures (surface inspection, document verification, interviews) is possible during the implementation of any of these measures. Attention was drawn to the fact that police coercive measures (measures of physical influence, special measures) can be applied during delivery and administrative detention, but not during police custody. \u0000It was concluded that there is a platform for discussion about the affiliation of police custody to a specific type of police measures.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"112 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Urban agglomerations as forms of cooperation of communities in the post-war reconstruction of Ukraine","authors":"I. Drobush","doi":"10.24144/2788-6018.2024.02.25","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.25","url":null,"abstract":"The decentralization reform, which is undoubtedly one of the most successful in Ukraine, contributed to the formation and strengthening of the foundations of the functioning of the municipal government in Ukraine, which in the conditions of a full-scale war demonstrated the ability to counter extraordinary challenges, ensuring the functioning of the economy and the livelihood of the population. Local self- government bodies not only made a significant contribution to strengthening the defense capability of the state, but also provided support to communities that were occupied/de-occupied, provided temporary housing and created favorable conditions for the integration of forcibly displaced persons into the community, guaranteed the timely provision of the entire range of services at the community level, etc. The article is devoted to the search for ways to improve the institution of local self- government in the conditions of war and post-war reconstruction of Ukraine, which will speed up the reconstruction of destroyed settlements, lead to the growth of economic indicators and a significant increase in the level of providing services to the population. The author substantiates the need to revise the legislative regulation of issues of cooperation of territorial communities, in particular by creating urban agglomerations as one of the types of cooperation of territorial communities. The practice of functioning of urban agglomerations in foreign countries and the prospects of creating such agglomerations in Ukraine are analyzed. Attention is focused on the efforts of legislative regulation of the functioning of urban agglomerations, the debatability of the norms of the draft laws, which defined urban agglomerations as a separate component of the administrative-territorial system, contained norms that, having established the principle of mutual benefit, essentially legitimized the attempt of large cities to extend the sphere of their influence to adjacent territories, expand the boundaries of own powers at the expense of the powers and resources of neighboring territorial communities. It is proposed to supplement the Law «On the Cooperation of Territorial Communities»; and some other laws with separate regulations determining the legal status of agglomerations, to provide for the formation of the agglomeration council and to include in its sphere of competence consideration of issues affecting the common interests of territorial communities that are part of the agglomeration, and to provide a list of basic powers, which may vary depending on the amount of institutional capacity of the respective agglomeration.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":"7 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Gender equality in employment benefits and guarantees for employees with family responsibilities","authors":"O. Tkachenko, O.A. Nehoda, O. Kramarenko","doi":"10.24144/2788-6018.2024.02.57","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.57","url":null,"abstract":"In modern society, due to historical circumstances, there is an inequality in the legal position between representatives of the male and female sexes, which was caused by artificially created stereotypes regarding the role of women in social spheres of life. The scientific article emphasizes that a woman not only fulfills the role of a housewife in caring for children, but also has the right to work. At the same time, the authors draw attention to the fact that male are also engaged in raising and caring for minor children. Therefore, the article pays special attention to the analysis of compliance with the principles of equality and the prohibition of discrimination in labor relations when employees combine their work function and care for other family members. Considerable attention is paid to gender equality, which is considered as a component of general equality and one of the foundations of a just democratic society. \u0000The legal definition of \"employees with family responsibilities” has been clarified, which includes individuals who raise minors and minors, as well as care for other disabled family members. The article examines the benefits and guarantees provided in accordance with the current legislation to employees with family responsibilities as a mechanism for supplementing the basic labor rights of employees with specific legal opportunities. The main provisions of the current national legislation regarding the provision of specific benefits to employees with family responsibilities separately for women and men have been analyzed, and suggestions have been made for improving the legal regulation of benefits and guarantees for employees with family responsibilities. It is proposed to use the category \"employee with family responsibilities” in the legislation, which eliminates the gender factor in the labor sphere. \u0000Considerable attention is paid to the historical aspects of the establishment and formation of women's labor protection as a legal institute of labor law of Ukraine. It was noted that non­compliance with the principle of parity and equality between men and women is a violation of the rights of representatives of both sexes due to the consolidation of social stereotypes about their family responsibilities and the distribution of family and professional roles.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 349","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Current issues of labour dispute resolution through mediation","authors":"S.L. Otovchyts","doi":"10.24144/2788-6018.2024.02.55","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.55","url":null,"abstract":"The article presents a comprehensive theoretical and legal study of mediation as an alternative procedure for resolving labor disputes. The author proves that the urgent issue of labor law science is to make specific proposals for the development of a systematic and consistent legislative framework for the use of labor mediation in resolving labor disputes. The author draws attention to the fact that current legislation makes situational references to this concept in certain articles without disclosing its content, which leads to law enforcement problems. Thus, the Law of Ukraine \"On Mediation” supplemented the current Labor Code of Ukraine with a new Article 221-1 \"Settlement of Labor Disputes through Mediation”. It is emphasized that the inclusion of the new provision in Chapter XV \"Individual Labor Disputes” of the Labor Code of Ukraine indicates that the legislator has limited the mediation procedure to the settlement of individual labor disputes. The author emphasizes that failure to comply with the principle of legal certainty as a component of the rule of law principle enshrined in Article 8 of the Constitution of Ukraine impedes the proper protection of labor rights. The author argues that the national legislator incorrectly applies the concept of \"labor dispute” by defining mediation as an alternative way of its resolution, since in fact a \"labor dispute” arises at the time of applying to the bodies which consider them. Mediation does not resolve a labor dispute, but rather disagreements between the parties to labor relations at the stage of voluntary settlement of such disagreements, which is more appropriately called a \"labor conflict”. The author denies the legislator's position that the mediation procedure is applicable only to individual labor disputes. Attention is drawn to the need to extend such an institution to collective labor disputes. The author argues that it is necessary to eliminate regulatory uncertainty regarding the terminology of the concept of \"mediation\" and to harmonize the provisions of the Law of Ukraine \"On Mediation\" and current labor legislation. The existence of stable and clear legislation on mediation is an embodiment of the rule of law and will contribute to the formation of public confidence in alternative out-of-court dispute resolution procedures.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141128865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal regulation of the use of coercive measures by personnel of the state border service of Ukraine during the detention of persons who have committed a criminal offense","authors":"R.M. Lyashuk, M.O. Levitskyi, V. Vychavka, A.O. Saliy","doi":"10.24144/2788-6018.2024.02.115","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.115","url":null,"abstract":"In the conditions of a full-scale invasion of the territory of Ukraine by military formations of the aggressor country and the active use by representatives of the security and defense sector of the state of coercive measures, namely detention by authorized persons. \u0000There is an urgent need to interpret the main provisions of Article 208 of the Criminal Procedure Code of Ukraine, Article 21 of the Law of Ukraine \"On the State Border Service of Ukraine”. It is worth noting that a military serviceman or an employee of the State Border Service is an authorized person to detain a person suspected of committing a crime, and not all forms of coercive measures by the personnel of the State Border Service of Ukraine provided for in the legislation have been interpreted by legal experts at this time. In addition, individual measures of coercion have the specifics of their application to different categories of persons. Under such conditions, the issues of interpretation and commenting become relevant. \u0000The article provides a theoretical overview of the Ukrainian legislative framework and provides an interpretation of Article 208 of the Criminal Procedure Code of Ukraine and Article 21 of the Law of Ukraine \"On the State Border Service of Ukraine”, which stipulates the conditions and limits of the use and application of coercive measures by the personnel of the State Border Service of Ukraine. As well as justification of the expediency of the use of coercive measures by the personnel of the border agency within the limits of the current legislation. The peculiarities of the application of coercive measures in the performance of official duties by border guards, in the direct protection of the state border, personal safety, safety of other persons and fighting crime are clarified and described. \u0000The duty of the state is to guarantee the safety of military service (creating safe conditions for military service), as well as to protect legal rights in the event of a threat of violation and their actual violation. The responsibility of personnel of the State Border Service of Ukraine for violation of the established limits of the use of coercive measures is also outlined.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140988205","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Current issues of properties of evidence in criminal proceedings","authors":"Y.V. Dronov, S.Y. Ilchenko","doi":"10.24144/2788-6018.2024.02.112","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.112","url":null,"abstract":"The article, in accordance with the provisions of the Criminal Procedure Code of Ukraine, discloses the content of the propriety of evidence as a factor that must be taken into account during the evaluation of evidence in criminal proceedings. The relationship between the evidence's propriety and some legal categories of the institution of proof is indicated. Proposals have been put forward that can be useful during the improvement of the conceptual apparatus of the theory of evidence and the provisions of the current legislation. \u0000The relevance of the publication is due to the need to improve the process of proof during the pre-trial investigation and trial, to develop effective mechanisms for the successful performance of the tasks of criminal proceedings, which are defined in Art. 2 of the CCP of Ukraine. \u0000The purpose of preparing the article was to reveal the main issues of the legal nature of the ownership of evidence, in accordance with the definition given in Art. 85 of the CPC of Ukraine. The prerequisites for the formation of the specified goal were the modern problems that arise during the pre-trial investigation in criminal proceedings. \u0000During the preparation of the publication, general scientific and special methods of scientific knowledge were used. Thus, from the general scientific methods, in particular, the system- structural method, the method of functional analysis, from the special ones - formal-legal, logical-procedural methods, the method of comparative jurisprudence were used. The main legislative norms related to the topic of the publication have been analyzed. \u0000The publication proves that the improvement of the conceptual apparatus, the correct formulation of the legal features of evidence and the implementation of the norms of international conventions into domestic legislation will contribute to the perfection of the procedural law and provide a unified approach to the proper protection of the rights, freedoms and legitimate interests of the participants in criminal proceedings. At the same time, the authors took into account that the requirements for the propriety of the evidence have not acquired an imperative character in the legislation, and therefore they are decided individually by the investigator, the prosecutor and the court in each individual case. Knowing the circumstances to be proven in criminal proceedings is the purpose of proof, and propriety is a feature that not only characterizes the evidence, but also acts as a means of achieving the specified goal.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 1258","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"State control in the field of energy in Ukraine: purpose, tasks and functions (administrative and legal aspect)","authors":"S. Fedorenko","doi":"10.24144/2788-6018.2024.02.90","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.90","url":null,"abstract":"The article, based on the analysis of doctrinal sources, formulates the purpose, tasks and functions of control in this area. The author defined the general goal of control in the field of energy as a scientifically based result, the achievement of which is aimed at the control activity in the specified field, namely, ensuring the energy security of the state and compliance by all controlled objects with the current legislation during the production, transformation, transmission and distribution of energy. \u0000Among the tasks of state control in the field of energy in Ukraine, the following are outlined, including: ensuring the security of electricity and natural gas supply; ensuring reliable and uninterrupted supply of electricity and thermal energy, natural gas to consumers, which are necessary elements of human safety, life and health; protection of the rights and interests of consumers; identifying the actual state of affairs in the field of energy and providing objective information about the state of relevant social relations; provision of organizational or methodical assistance to the controlled structure in the elimination of detected violations; ensuring compliance with the requirements of the legislation in the fields of electric power, heat supply, and natural gas market of economic entities operating energy facilities in terms of the technical condition of energy facilities and networks, energy equipment, their operation and maintenance; ensuring compliance with financial and tax legislation, completeness and timeliness of tax payments to the budgets of the relevant levels; ensuring compliance with customs legislation, ensuring the protection of Ukraine's economic interests; compliance by controlled entities with environmental legislation and environmental safety requirements; ensuring compliance by economic entities in the field of energy with competition legislation and legislation on natural monopolies; etc. \u0000It is substantiated that the functions of state control in the field of energy are conditioned by the achievement of the goal and subordinated to the solution of specific tasks. Based on the above, such functions of state control in this area are outlined as: correction; preventive; informative; analytical; restoration.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 939","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989246","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal law and procedural characteristics of war crimes in Ukraine (after the full-scale invasion of the russian federation into Ukraine)","authors":"E.V. Didenko","doi":"10.24144/2788-6018.2024.02.96","DOIUrl":"https://doi.org/10.24144/2788-6018.2024.02.96","url":null,"abstract":"The article is devoted to issues that arise for law enforcement agencies during the investigation of war crimes committed by the Russian Federation on the territory of Ukraine, and to the problems of conducting investigative actions. War crimes are characterized according to Ukrainian and international legislation. The statistics of the commission of war crimes on the territory of Ukraine during the two years of the full-scale invasion of the territory of Ukraine were studied. The Ukrainian legislation regarding the responsibility for the commission of a war crime is analyzed. It has been established that the main problem that hinders the effective investigation of war crimes committed by the troops of the Russian Federation is active hostilities in the places where the crimes were committed. It was established that there is a need for specialists, with the help of which the investigation will proceed faster and more efficiently. Changes to the current criminal legislation for the proper investigation of war crimes were analyzed. The opinions of experts, lawyers of criminal law regarding the possibility of consideration of crimes of the Russian Federation by the International Criminal Court were analyzed. Peculiarities of carrying out specific investigative actions in wartime conditions have been studied. Having singled out certain problems faced by law enforcement agencies during the investigation of war crimes, a conclusion was made regarding the possible improvement of the investigation process. \u0000It is indicated that the experience of drafting legislation during the period of martial law shows that the proposals and changes made to the criminal procedural legislation of Ukraine are nonsystematic in nature and are not fully aimed at solving existing problems in criminal proceedings. At the same time, the need to investigate violations of the laws and customs of war obliges the justice system of Ukraine to apply in practice international standards of investigation of similar facts of the most serious international crimes, which requires the introduction of separate mechanisms for collecting and preserving evidence, conducting procedural actions, working with digital evidence, protection of witnesses and victims, and not to implement it only through legislative activities.","PeriodicalId":227965,"journal":{"name":"Analytical and Comparative Jurisprudence","volume":" 658","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140989397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}