Archives of Criminology and Forensic Sciences
Archives of Criminology and Forensic Sciences — peer-reviewed diamond open access journal covering law, criminology, criminal justice, and forensic practice
Національний науковий центр "Інститут судових експертиз ім. Засл. проф. М. С. Бокаріуса" Міністерства юстиції України
Features of the Subject of Evidence in Criminal Proceedings Concerning Evasion of Serving a Punishment
The article presents a comprehensive study of the subject of evidence in criminal proceedings involving evasion of serving a sentence. It is substantiated that the effectiveness of the educational function of criminal law depends directly on the actual execution of the imposed sentence, while evasion of serving it nullifies the achievement of the goals of criminal liability and undermines the authority of justice. On this basis, the structure of the subject of evidence is analyzed, taking into account the specifics of the components of criminal offenses provided for in Articles 389, 390, and 391 of the Criminal Code of Ukraine. It was established that the subject of proof in this category of proceedings includes not only the general circumstances defined by criminal procedural legislation but also additional elements, in particular the legal prerequisites for the emergence of the obligation to serve the sentence, the fact of the person’s awareness of its conditions, the presence of a real possibility of fulfilling the assigned duties, as well as the intention to fail to fulfill them. It was concluded that systematizing the elements of the subject of proof in cases of this category provides a basis for increasing the effectiveness of the pre-trial investigation and the formulation of forensic recommendations to counteract evasion of serving the sentence.
Copyright (c) 2026 Tetiana Bobko https://creativecommons.org/licenses/by/4.0
Certain Aspects of Understanding Criminal Offense Subject Matter Under Article 191 of the Criminal Code of Ukraine
The purpose of this study is to highlight certain aspects of the subject matter of criminal offense in crimes involving misappropriation, embezzlement of property or its conversion by malversation. The methodological framework of the study has been developed taking into account general scientific and special methods of scientific inquiry. A number of scientific methods have been applied, including dogmatic, hermeneutic, comparative, extrapolation and analogy. The author proves that the subject matter of misappropriation or embezzlement of somebody else’s property, set out in Parts. 1 and 2 of Article 191 of the Criminal Code of Ukraine, is property entrusted to a person or under his/her administration—that is, property over which the person has special authority. Entrusted is property that is transferred to a person for possession or use in accordance with a transaction or in connection with the performance of duties associated with the position held. Evidence that property is entrusted to a person is that this person actually possesses the property and this property is under his/her control. It has been established that property under a person’s administration should be understood as property that is not under the physical control of a person, but transferred to him/her by the owner or his/her authorized representative on the terms of granting this person a certain amount of rights to own, use and dispose of this property, which ensures the possibility of operational management of it to achieve a certain goal, determined by the owner or without such, that is, the person is granted a certain authority to manage and dispose of property. The criterion for distinguishing between entrusted property and property under a person’s administration is the nature of a legal relationship between the owner and the person: for entrusted property, this is a relationship with the actual possibility of ownership, that is, the person actually possesses property; for property under a person’s administration, this is a relationship with the presence of a certain amount of ownership rights over the property, in other words, the person may not physically possess it. It is emphasized that the definition of the subject of the criminal offense under Art. 191 of the CCU is inextricably linked to the establishment of crime subject status. It is noted that an official is a person who has authority under the position held and performs a range of functions consistent with that position, including: administrative and economic functions; organizational and executive functions; and functions as a representative of the government or local self-government.
Copyright (c) 2026 Oleksiy Bogomolov https://creativecommons.org/licenses/by/4.0
Involvement of a Specialist During the Pre-Trial Investigation of Crimes Against Peace, Human Security, and International Law Order
The article substantiates that achieving the standard of a fair trial is impossible without the systematic involvement of specialists whose activities are aimed at increasing the efficiency of detecting, collecting, and properly recording traces of criminally unlawful activity, conducting special studies, as well as forming evidentiary information on their basis in criminal proceedings of increased complexity. The article analyzes procedural and non-procedural forms of a specialist’s participation in criminal proceedings, in particular his involvement in investigative (search) actions, consultations, and the preparation of reports and conclusions. The specifics of the activities of interdepartmental working groups of military specialists who perform complex tasks of reconstructing events in the context of an armed conflict, analyzing the use of weapons, and establishing the role of specific individuals in the mechanism of the crime are revealed. It has been proven that such groups function as an integrated mechanism for forensic support during the investigation. The participation of specialists in the review of computer data from open sources, which ensures the recording, verification, and interpretation of information from open sources, is separately studied. It is substantiated that such activities are a necessary condition for their procedural admissibility.
Copyright (c) 2026 Anastasiia Vuima https://creativecommons.org/licenses/by/4.0
Tactical Features of Collecting Digital Traces
The article examines the tactical features of collecting digital traces in criminal proceedings, taking into account their formation, operation, and use as evidence. It is substantiated that digital traces constitute an independent type of forensically significant information formed during interaction between a person, technical means, and the digital environment, characterized by dynamism, distribution, dependence on technical conditions, and the possibility of remote influence. The mechanism of their formation is determined, which includes the stages of initiating the information process, technical fixation, distribution, transformation, and storage of data. The features of tactical and forensic support for the detection, extraction, and fixation of digital traces are revealed, in particular, the need to identify both the material carriers and the logical environments of information existence, the use of specialized technical means, and the assurance of data integrity and compliance with procedural form.
Copyright (c) 2026 Kostiantyn Karaman https://creativecommons.org/licenses/by/4.0
Problems of the Legal Regulation of Engaging Qualified Specialists in the Conduct of State Financial Audit
The scientific article is devoted to the problems of legal regulation of the engagement by the State Audit Service of Ukraine of qualified specialists on a contractual basis for conducting state financial audit. The relevance of the topic is substantiated by the existing practice of the State Audit Service involving third parties in the implementation of state financial control measures. This practice stems from the absence of "in-house" qualified specialists within its staff, as well as identified cases of engaging individuals without concluding appropriate contracts and persons who, at the time of their participation in control measures, lacked proper evidence confirming their qualifications. It has been established that the right of the State Audit Service to engage qualified specialists on a contractual basis is regulated by a number of normative legal acts of sectoral legislation. Among them, one of the departmental acts was issued in the form of methodological recommendations, despite possessing the characteristics of a normative legal act. It is substantiated that the specific features of the legal regulation of the activity of the audited entity determine the criteria for recognizing engaged specialists as qualified, as well as the conditions, types, forms, and procedures for concluding contracts applied in the relevant field. It has been proven that the definition of the contract directly depends on its subject matter, which is in fact determined by the needs of the State Audit Service to obtain specialized knowledge during inspections in order to fulfill the tasks of state financial audit. By comparing judicial expertise with scientific and scientific-technical expertise, it has been established that they share a common feature: only recognized qualified specialists may directly perform them, that is, persons who have undergone the state accreditation procedure (experts conducting scientific and scientific-technical expertise) or attestation in a specific specialty (forensic experts) and have received the relevant certificates by which the state has confirmed their qualifications. It has been proven that, for the practical engagement of qualified specialists on a contractual basis to conduct state financial audit that requires special expert knowledge, the State Audit Service must: adopt a decision on conducting the relevant expert study, act as its customer, and, after selecting the organizer in accordance with the procedure established by the Law of Ukraine "On Public Procurement," conclude a paid contract with such organizer. The content of this contract must comply with the requirements of Article 22 of the Law of Ukraine "On Scientific and Scientific-Technical Expertise," or conclude a paid contract for conducting an expert study with a forensic expert in accordance with Articles 7-1 and 13 of the Law of Ukraine "On Forensic Expertise". It is summarized that conducting state scientific and scientific-technical expertise or an expert study by a forensic expert without concluding the relevant contract constitutes a direct violation of the current sectoral legislation.
Copyright (c) 2026 Viktor Kvashyn https://creativecommons.org/licenses/by/4.0
Subject, object and tasks of expert assessment of compliance of websites with "accessibility" requirements
he article states that the adoption of a law in the field of "digital accessibility" will be a consistent and systemic step towards creating barrier-free information and digital space in Ukraine. The establishment of mandatory norms and legal responsibility in this area will lead to legal measures to implement rights, disputes about forcing to fulfill obligations and bringing to justice. It is emphasized that evaluating websites for compliance with digital accessibility requirements is a study that requires specialized knowledge in the field of computer and information and communication technologies, and may subsequently be the subject of legal proceedings, and therefore of forensic examination. It has been established that a website should be considered as a “digital object of expertise”, that is, one that is located in the digital space – the Internet and is characterized by certain features highlighted in this article. The purpose of evaluating a website during the expertise (study) of its accessibility is to establish compliance / non-compliance with the requirements of the National Standard for Digital Accessibility. At the same time, the subject of expert research of a website is the assessment of the functional characteristics and ergonomic properties of the website. The expert task is proposed to be classified as diagnostic and formulated in the question: does the website meet the requirements of the legislation on digital accessibility? It has been proven that the examination of computer equipment and software products is a type of examination that, within the competence of experts, within the scope of the expert's special basic knowledge, which is necessary to resolve the above-mentioned issue, should solve the above-mentioned expert task.
Copyright (c) 2026 Dmytro Ostroverkhov https://creativecommons.org/licenses/by/4.0
Criminal Characteristic of Stealing in the Sphere of Road Services
The purpose of this article is to identify the structure of the criminalistic characteristics of robbery in the field of road construction work and to reveal the basis of its main elements<response-element class="" ng-version="0.0.0-PLACEHOLDER"><source-footnote _nghost-ng-c1306629685="" class="ng-star-inserted"></source-footnote></response-element>. It is established that theft from the designated sphere is complex and carried out primarily through formally legitimate financial-state procedures, making their identification and proof extremely difficult<response-element class="" ng-version="0.0.0-PLACEHOLDER"><source-footnote _nghost-ng-c1306629685="" class="ng-star-inserted"></source-footnote></response-element>. Particular attention is paid to the specificity of the method of committing such criminal offenses, such as documentary falsification and technological destruction under the hour of conquest, as well as the situation of their perpetration in the minds of the military camp, which is characterized by simplified control procedures, advanced terminology of infrastructure projects, and increased risks of fraud<response-element class="" ng-version="0.0.0-PLACEHOLDER"><source-footnote _nghost-ng-c1306629685="" class="ng-star-inserted"></source-footnote></response-element>. The peculiarity of the individual of the evildoer, the subject of the encroachment, and the trace picture, which has an important documentary-digital nature, has been identified<response-element class="" ng-version="0.0.0-PLACEHOLDER"><source-footnote _nghost-ng-c1306629685="" class="ng-star-inserted"></source-footnote></response-element>. It has been proven that the effectiveness of the investigation of theft in the field of traffic police is determined not by the completeness of the criminalistic characteristics, but by the ability to adapt these elements to the specific minds of the crime offenses, ensuring the safe formation of rounded investigative versions and related algorithms for investigative (sound) and procedural actions<response-element class="" ng-version="0.0.0-PLACEHOLDER"><source-footnote _nghost-ng-c1306629685="" class="ng-star-inserted"></source-footnote></response-element>.
Copyright (c) 2026 Yevhen Pivnov https://creativecommons.org/licenses/by/4.0
Communication skills of managers at forensic institutions as a key element of their management activities
The development of society in today’s conditions indicates that interest in this issue is not coincidental, as it is closely linked to the formation of a new type of manager to meet the current needs of society by developing their communication skills in managerial activities. The article outlines the main aspects of the communication competencies of managers of forensic institutions as components of their professional development in managerial activities and identifies directions for their comprehensive development. Communication competencies in the sphere of forensic expertise as an element of managerial activity are proposed to be understood as a system of psychological, social, and other knowledge about oneself and others, skills and abilities in the field of communication, and behavioral strategies in various social and public situations, which allows for building interpersonal communication in accordance with the goals and conditions of forensic. A number of competencies were identified that constitute the structure of the general competence of a manager of a forensic institution, necessary for the performance of managerial activities. The authors identified a number of specific elements that comprise communicative competence. It was emphasized that, in order to establish effective communication, the head of a forensic institution must take into account the interlocutor’s professional background and comprehensively apply the aforementioned elements when organizing and conducting negotiations. By analyzing the structure of communication competencies of managers of forensic institutions along with other components, it was determined that communication competencies are also based on the following personal competencies: subject-specific, pragmatic, ethnocultural, and sociocultural; their characteristics were presented. It was noted that a modern, scientifically constructed and developed model of communicative behavior for a manager of a forensic institution involves the use of various communication channels, which resembles a two-way flow of information. It was established that managing the communication process within the sphere of activity of a forensic institution involves the use of various tools and approaches, among which the following were highlighted: electronic record-keeping, the creation of databases and data repositories, the organization of online seminars and training platforms, and the use of social media and other means of communication.
Copyright (c) 2026 Iryna Petrova, Andriy Sliusar https://creativecommons.org/licenses/by/4.0
Inspection of personal data on mobile phones during a search: de facto, de jure and de lege ferenda approaches
The article is devoted to revealing the legal nature of access to personal data stored on mobile phones during searches, inspections and its subsequent use in criminal proceedings, as well as the necessary procedural safeguards, from the perspectives of de jure, de facto and de lege ferenda, in the light of the case law of the European Court of Human Rights. The relevance of this research is indicated by the fact that the vast amount of information – including communications data – stored on modern mobile phones, the relatively easy access to it, and the ability to identify and retrieve information stored remotely (for example, in cloud storage) via access to the relevant programmes and applications on the mobile phone, significantly broadens the scope of potential interference with the right to respect for privacy (including the secrecy of correspondence). This necessitates a shift in perspective regarding the standards and procedural safeguards that must be ensured when accessing information on mobile phones seized during a search of a person’s home or other premises. The systematic analysis of the current provisions of criminal procedural law carried out in this study has revealed a lack of a sufficient and precise legal framework on this issue, one that would take into account both the nature of the procedural actions being carried out and the necessary safeguards against arbitrariness – above all, deliberate judicial control over interference with the relevant fundamental right. Indeed, the inspection of computer data introduced in 2022 does not require separate judicial authorisation and, moreover, does not cover actions involving the search for and copying of information from computer systems. The closing section of the article supports the idea, put forward in the academic literature, of introducing a new investigative measure – the so-called ‘digital search’. Alongside this, amendments are also proposed to the current criminal procedure legislation regarding the expansion of the list of information to be specified in the motion and ruling authorising a search, as well as the provision for the possibility of challenging it in accordance with the procedure set out in Articles 303–307 of the Code of Criminal Procedure, against actions by the prosecution to identify, copy and seize information from mobile phones
Copyright (c) 2026 Mykhailo Roganin https://creativecommons.org/licenses/by/4.0
Structure of methodology for investigating criminal offenses committed in the field of providing professional legal aid
Effective investigation of criminal offenses committed in the field of professional legal aid requires a scientifically sound, systematically constructed forensic methodology that accounts for the complexity of this category of crimes, their latent nature, and the specificity of the subject. The aim of the article is to provide a theoretical justification for the forensic methodology for investigating criminal offenses in the context of professional legal aid and to develop an optimal model for its construction, taking into account modern challenges in law enforcement practice. The article notes that an effective methodology should be built as a multi-level system that combines specific methodologies, generalizes them, and details them through micromethodologies. It is substantiated that its structure should include the forensic characteristics of the crime, circumstances subject to proof, typical investigative situations, and action algorithms, organizational and planning aspects of the investigation, tactical features of conducting investigative (search) actions, measures to overcome counteraction, use of special knowledge, and a preventive component. It is stated that the proposed approach ensures the systematicity, adaptability, and practical orientation of the forensic methodology and creates a basis for increasing the efficiency of the pre-trial investigation.
Copyright (c) 2026 Husieva Vlada, Kristina Romanauskas https://creativecommons.org/licenses/by/4.0
Problematic aspects of collecting evidence by a lawyer in criminal proceedings
The purpose of the article is to provide a comprehensive analysis of the problematic aspects of a lawyer’s evidence collection in criminal proceedings. On this basis, the regulatory framework of his activities is studied, in particular, the provisions of criminal procedural legislation and the Law of Ukraine “On the Bar and Legal Activities”. It is substantiated that, despite the formal consolidation of the broad powers of a lawyer, their practical implementation is complicated by procedural limitations, reliance on the discretionary decisions of other subjects, and the need to further proceduralize the collected information. Special attention is paid to the use of digital evidence and OSINT technologies, which expand the capabilities of the defense but also raise questions about their admissibility and standardization. It is proven that the effectiveness of a lawyer’s evidentiary activities is determined not only by the scope of the rights granted but also by the correctness of the choice of procedural tactics and the timeliness of the implementation of the evidentiary initiative.
Copyright (c) 2026 Vitalii Salamakha https://creativecommons.org/licenses/by/4.0
Features of the use of forensic expert findings in civil proceedings: challenges and prospects
In modern civil proceedings, the use of forensic examination results is a key means of proof, but at the same time is accompanied by significant problems regarding the assessment, reliability, and practical application of expert conclusions in court decisions. The aim of this study is to analyze current problems in the application of forensic examination results in civil cases and to identify prospects for their improvement. Analytical and comparative legal methods were used, as well as an analysis of current judicial practice and scientific publications. It has been established that the problems are related to the heterogeneity of methodologies, the lack of uniform standards for evaluating findings, as well as the insufficient qualifications of experts and the court’s subjective evaluation of expert findings; directions for improving legal regulation and methodological support are proposed. The results of the study indicate the need to adapt legislation and judicial practice to contemporary challenges to ensure the objectivity and effectiveness of civil proceedings.
Copyright (c) 2026 Tetyana Slobodyanik https://creativecommons.org/licenses/by/4.0
Transformation of the criminalistic characteristics of intentional homicides combined with rape or sexual violence under martial law
The article examines the criminalistic characteristics of intentional homicides combined with rape or sexual violence under the legal regime of martial law. It is substantiated that martial law significantly affects the elements of criminalistic characteristics, resulting in the transformation of their regular interrelations. Particular attention is paid to the increased latency of this type of criminal offense, which is caused, inter alia, by restricted access to temporarily occupied and uncontrolled territories. A detailed analysis is conducted of the offender’s profile in cases of homicidal rape, who possesses a number of specific characteristics distinguishing such offenders from perpetrators of conventional criminal offenses. The article substantiates the expediency of a comprehensive examination of the crime scene, circumstances, and conditions surrounding the commission of the offense as important elements for developing an effective investigation methodology. Emphasis is placed on the necessity of further scientific research into criminalistic characteristics aimed at deepening the understanding of the gravity of this crime and enhancing the effectiveness of countermeasures against it.
Copyright (c) 2026 Yana Solod https://creativecommons.org/licenses/by/4.0
Features of using specialists’ conclusions in proving war crimes
Effective investigation of war crimes is impossible without the proper use of specialized knowledge. The peculiarity of proving in such criminal proceedings lies in the combination of traditional forensic approaches with new challenges posed by martial law, the digitalization of information, and the need for prompt recording of the consequences of armed aggression. That is why the article’s purpose is to examine the features of expert conclusions in proving war crimes and to assess their place in the system of evidence sources. The study found that, despite legislative consolidation of the possibility of a specialist drawing up reports and conclusions, this form of implementing specialized knowledge has not yet become widespread in law enforcement practice. Instead, the traditional model of involving a specialist as a participant in investigative (detective) actions remains dominant, with the results formalized as certificates, explanations, and technical annexes to the protocols. It is determined that this form of using special knowledge ensures their procedural admissibility and integration into the evidentiary system without violating the requirements of criminal procedural legislation. It is substantiated that a promising direction of development is to expand the possibilities of using the results of special research in the form of expert conclusions in evidence, however, subject to clear regulatory regulation of the procedure for their preparation and evaluation. The need to distinguish the competence of an expert and a specialist, to prevent the substitution of their procedural functions, and to improve the provisions of criminal procedural legislation, in particular in the context of the application of parts 8 and 9 of article 71 of the Criminal Procedure Code of Ukraine, is emphasized.
Copyright (c) 2026 Volodymyr Tverdokhlib https://creativecommons.org/licenses/by/4.0
Military reform through the lens of gender equality: the Ukrainian experience
The article explores the role of gender policy as a strategic driver of institutional transformation and operational effectiveness within the Armed Forces of Ukraine (AFU) in the context of full-scale war. It offers a comprehensive analysis of the evolution of gender integration in the Ukrainian defense sector, tracing the trajectory from the initial regulatory reforms following the 2014 Russian aggression to the accelerated and systemic changes catalyzed by the 2022 invasion. Gender policy is examined not as a peripheral initiative but as a core component of defense modernization, resilience-building, and democratic civil–military relations. Special emphasis is placed on the implementation of institutional mechanisms aimed at ensuring gender equality and operational parity, including the expansion of women’s access to combat and command roles, the development of gender-sensitive infrastructure (such as separate sanitation facilities, childcare spaces, and rest areas), the introduction of gender-responsive budgeting (GRB), and the establishment of formal mechanisms for preventing and responding to sexual harassment and gender-based violence. The article also presents a comparative analysis of gender integration models in the armed forces of Israel, Norway, Lithuania, the United States, and Canada, examining personnel policies, recruitment and retention strategies, NATO interoperability standards, and social protection frameworks. Through this lens, Ukraine’s approach is shown to not only align with international norms and commitments—such as UNSCR 1325 and NATO’s Gender Perspective—but also to contribute to the emergence of innovative practices that may inform global defense reform agendas. The study concludes that the meaningful participation of women in the military is not merely a matter of formal equality or human rights compliance, but a strategic asset that enhances the adaptability, legitimacy, and combat effectiveness of the security and defense sector.
Copyright (c) 2026 Nataliia Filipenko, Aleksandar Ivanović https://creativecommons.org/licenses/by/4.0
Mediation and legal clinics as elements of mechanisms for ensuring access to justice and alternative dispute resolution
The article presents a comprehensive theoretical and legal study of mediation and legal clinics as interconnected elements of the mechanism for ensuring access to justice and alternative dispute resolution. It is substantiated that, under modern conditions, access to justice should be understood not only as the opportunity to apply to a court, but also as the availability of real, accessible, and effective extrajudicial means of protecting an individual’s rights and legitimate interests. In this context, mediation is regarded as an instrument for the humanization of legal influence, the reduction of conflict intensity, and the formation of a culture of peaceful, dialogical, and restorative dispute resolution. The regulatory framework of mediation in Ukraine, in particular the provisions of the Law of Ukraine “On Mediation,” as well as scholarly approaches to defining its legal nature, principles, and functional purpose, are analyzed. It is established that mediation, based on voluntariness, confidentiality, neutrality, and an orientation toward a mutually acceptable solution for the parties, is an important component of the modern mechanism for protecting individual rights, as it enables a more flexible, efficient, and less confrontational settlement of disputes. Special attention is paid to legal clinics as institutions that combine educational, social, and practical functions. It is proven that legal clinics are not only a basis for the practical training of higher education students, but also an important means of bringing legal assistance closer to the population, developing legal awareness activities, and raising the level of legal culture in society. It is emphasized that clinical legal education goes beyond the traditional educational process and acquires the significance of a tool for forming practical skills necessary for the modern legal profession. It is argued that the functional relationship between mediation and legal clinics is manifested in several areas: through legal awareness activities, initial informing of clients about the possibilities of mediation, assessment of the mediability of a conflict, and the development in students of communication, negotiation, analysis of the parties’ interests, and the search for mutually acceptable solutions. At the same time, it is emphasized that a legal clinic does not necessarily have to act as a direct provider of mediation, but it may serve as an effective institutional platform for the promotion of mediation, consultation on its application, and referral of individuals to professional mediators. The article also draws attention to the prospects for the use of mediation in the public-law sphere, in particular in administrative and criminal proceedings. It is emphasized that Ukrainian legislation generally does not exclude such a possibility, but still requires further specification of procedural aspects. In this regard, the experience of Poland is of particular interest, as it demonstrates that, with proper legal regulation and organizational support, mediation can function effectively in the public-law domain as well. It is concluded that combining the potential of mediation and legal clinics contributes to expanding access to justice, increasing the effectiveness of legal education, developing a culture of peaceful dispute resolution, and forming a human-centered model of legal protection. The expediency of further improving the regulatory, organizational, and methodological support for the integration of mediation practices into the activities of legal clinics in Ukraine is substantiated.
Copyright (c) 2026 Alesya Khrebtova, Mykhailo Beloshapka https://creativecommons.org/licenses/by/4.0
Determining the market value of goods in commodity expert examination: marketing research, price information sources, tax factors and comparability of price offers
Abstract. The article examines current methodological issues of determining the market value of goods in commodity expert examination under changing tax and price conditions in Ukraine. It analyses the legal status of goods as material objects of civil rights, the role of the comparative approach in retrospective valuation, the distinction between ordinary marketing research and research conducted for expert purposes, and the use of official requests to specialised enterprises. Special attention is paid to the comparability of price offers formed under different taxation systems. A model approach is proposed to demonstrate the influence of VAT, military levy, simplified taxation and logistics-related costs on the final price of goods in the conditions of 2026. The paper concludes that, to improve the reliability of expert conclusions, prices should either be selected within the same tax framework or reduced to a common comparison base with clear methodological explanation.
Copyright (c) 2026 Chabanets Tetiana, Makarets Albina https://creativecommons.org/licenses/by/4.0
Disciplinary liability of judges: international experience and practice
This article examines issues related to the disciplinary liability of judges, its legal nature, and international standards. It analyzes the practice of the European Court of Human Rights (ECHR) in cases concerning disciplinary control over judges and compares the national systems of various countries, including France, Italy, Germany, Austria, Poland, and the United States, among others. A comparative analysis is conducted of the composition of disciplinary bodies, disciplinary proceedings, and mechanisms for the protection of judges. Attention is paid to the application of ECHR decisions in disciplinary proceedings, and directions for the development of the institution of disciplinary liability in Ukraine are identified. It is concluded that disciplinary liability serves not only as a punitive mechanism but also as an effective tool for maintaining professional standards among the judiciary, strengthening the independence of the judiciary, and building public trust in the judicial system.
Copyright (c) 2026 Yuliia Shapoval https://creativecommons.org/licenses/by/4.0
Separate practical issues regarding the conduct of forensic examinations in the field of intellectual property
The purpose of the article is to analyze, generalize and systematize the practice of Ukraine in conducting forensic examinations in the field of intellectual property, establish their features and specific features, as well as identify problems and outline ways to overcome them. The methodological basis of the research was made up of general scientific and special methods of scientific knowledge. The dialectical method was used as the main one, which made it possible to consider the subject of the article as a whole and the relationship of its components. In addition, the tasks set to achieve the goal were solved using a complex of general scientific and special methods, in particular, a number of scientific methods were applied, including dogmatic, hermeneutic, comparative, extrapolation and analogy. It has been proven that during the resolution of disputes in the field of intellectual property, certain facts that are relevant to the case can be established by conducting both complex examinations and complex examinations, provided that there is no need to solve integration tasks (questions). The results of the analysis of the practice of conducting forensic examinations related to the research of intellectual property objects, as well as theoretical provisions regarding the implementation of complex examinations, indicate that the applied complex special knowledge can cover both different fields of science, technology and other areas of special knowledge, as well as different directions within the same field of knowledge.This leads to the fact that during consideration of cases of recognition or violation of intellectual property rights, there may be a need to conduct the following comprehensive examinations: examinations within the scope of «expertise in the field of intellectual property»; examinations within different classes of forensic examinations; examinations conducted with the involvement of specialists in the relevant field of science, technology, art or craft. It is noted that in view of the constant introduction of new expert specialties in order to meet the modern needs of the judiciary and the active development of existing types of expertise, the list of comprehensive expertise related to intellectual property objects is not exhaustive and will be expanded and supplemented as expert practice accumulates.
Copyright (c) 2026 Andrii Lubentsov, Oleg Michalskyi https://creativecommons.org/licenses/by/4.0
Theoretical and epistemological construction of the questions that are asked in the procedural document on the appointment of a forensic veterinary examination regarding defects in the provision of veterinary care
The purpose of the article is to single out, conceptually substantiate, and carry out a comprehensive systematization of the range of issues subject to the decision of a forensic veterinary expert in procedural acts (decisions of an investigating judge, court, resolution of an investigator or prosecutor) on the appointment of a forensic veterinary examination (hereinafter - SVE) in cases related to defects in the provision of veterinary care (hereinafter - DNVD), followed by their structural and functional analysis and disclosure praxeological significance as a tool for optimizing expert research and increasing the validity, completeness and evidentiary value of the expert’s conclusion. For the first time, the work defines and conceptually substantiates a systematic range of questions that can be put to the decision of a forensic veterinary expert during the appointment of the SVE by a pre-trial investigation body or a court in criminal proceedings (cases) related to offenses against the life and health of animals committed by a veterinary medicine worker. Formulated questions are based on the integration of the provisions of formal logic, dialectics and system analysis, as well as methods of abstraction, forecasting and modeling, which ensures their methodological accuracy, practical focus and increases the effectiveness of expert research and the evidentiary value of the expert’s conclusion.The proposed selection of questions will help to establish the fact of the presence of the DVD and to record its result, as well as to determine whether there is a cause-and-effect relationship between this defect and negative consequences for the animal. The praxeological significance of applying the proposed construction of issues for the solution of forensic expert examination in connection with the Criminal Investigation Department ensures a positive impact on the effectiveness of its conduct and effectiveness, as it optimizes the scope and sequence of expert research, which in general is a scientific basis for providing a well-founded and objective opinion of an expert as a means of proof in court proceedings in the most optimal terms; expands the cognitive capabilities of pre-trial investigation bodies and the court.
Copyright (c) 2026 Ivan Yatsenko https://creativecommons.org/licenses/by/4.0
Classification and tactical significance of sources for obtaining forensically significant information during the investigation of grave and especially grave crimes
The article provides a thorough study of the classification and tactical potential of sources for obtaining forensically significant information used during the investigation of grave and especially grave crimes. The relevance of the topic is driven by the transformation of crime in the context of global digitalization, where traditional methods of evidence collection face new challenges: the remote nature of actions, data encryption, and professional counteraction to the investigation. The aim of the work is to systematize existing information sources and identify new ones to increase the efficiency of solving the most dangerous offenses. A complex of methods was used in the research process: systemic-structural analysis allowed for the consideration of the investigative information environment as an integrated system; the comparative-legal method helped to compare procedural and orienting data; and the classification method served as the basis for grouping sources by the nature of the carrier, stability, and accessibility. Research results consist in the development of an expanded classification of information sources. The author provides a detailed analysis of not only traditional (material and ideal) but also non-traditional sources: Internet of Things data, smart home systems, biometric and geolocation patterns, as well as digital footprints in the media space. Particular attention is paid to behavioral sources, which allow for the reconstruction of the offender’s psychological profile and the prediction of their further actions. It is proved that the successful investigation of grave crimes is possible only through the integration of traditional forensic tools with the latest digital technologies. It is determined that the tactical significance of each source depends on its stability: unstable information (digital and olfactory) requires immediate recording. The systemic use of the proposed classification allows investigators to avoid fragmentation in data collection, ensures a proper evidentiary base, and contributes to overcoming active counteraction by organized criminal groups. The scientific novelty lies in a comprehensive approach to combining material, procedural, and analytical information sources into a single investigative algorithm.
Copyright (c) 2026 Arkusha Larysa, Chernov Oleksandr https://creativecommons.org/licenses/by/4.0
Administrative and legal nature of sports arbitration
Abstract. Sports arbitration plays an important role in the regulation of sports legal relations, ensuring the protection of the rights of participants in sports activities and monitoring compliance with the rules in the field of sports. At the same time, its legal nature remains debatable due to the combination of private law and public law principles of functioning. The purpose of the article is to deepen scientific approaches to understanding the administrative and legal nature of sports arbitration, clarify its essential features and determine its role in ensuring proper governance in the field of sports. System-structural, formal-legal, comparative-legal and classification methods are used in the study. It is substantiated that sports arbitration is not limited to the function of alternative dispute resolution, but exercises control over the legality and reasonableness of decisions of sports organizations. The classification of sports arbitrations by territorial jurisdiction, terms of operation, types of proceedings and nature of powers is proposed. The main aspects of its administrative and legal nature are defined, including control over the implementation of delegated powers of sports organizations, verification of disciplinary sanctions, ensuring compliance with public order and participation in the formation of the lex sportiva system.It has been established that sports arbitration is an independent multi-functional institution that combines the mechanisms of private law dispute settlement with elements of public law control. Its activities contribute to ensuring a balance between the autonomy of the sports movement and the observance of universally binding legal standards, as well as the development of a modern system of sports law. The regulatory and legal basis of sports arbitration in Ukraine, which includes the Law of Ukraine "On Physical Culture and Sports", the Law of Ukraine "On Arbitration Courts", the Law of Ukraine "On International Commercial Arbitration" and the Law of Ukraine "On Prevention of the Influence of Corruption Offenses on the Results of Official Sports Competitions", has been separately analyzed, and systemic gaps in their interaction regarding the regulation of arbitration procedures in the field of sports have been identified. Key words: administrative-legal regulation, public administration, sports law, sport, legal relations in the field of sports, public interest, administrative-legal mechanism, administrative law, sports arbitration, sports justice, disciplinary responsibility in sports, lex sportiva.
Copyright (c) 2026 Alina Havlovska https://creativecommons.org/licenses/by/4.0