JURNAL CITA HUKUM
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The Legal Instruments for Regulating Transregional Cooperation: The Experience and Trends of the Contemporary European Union
Full text linkThe subject of the study is optimal models of legal regulation of transregional cooperation, which is an essential task from the point of view of new ways of realising national interests in international relations. The article aims to establish the peculiarities of the legal regulation of transregional cooperation, taking into account the experience of the EU. The study results showed that legal instruments can be bilateral or multilateral and define each party’s obligations and rights within the cooperation framework. The differences in the legal systems of the participating countries may make the application and enforcement of agreements difficult. The aspiration to intensify integration and interaction between countries and regions is substantiated. Practical transregional cooperation can promote trade and economic growth, strengthen democratic institutions, protect human rights, and address shared challenges such as climate change and migration. The ability to fund projects to support civil society, human rights, and the rule of law, as well as strengthen democratic institutions in neighbouring countries, contributes to stability and development at the regional level. In addition, practical cross-border cooperation between the EU and its neighbouring countries requires a comprehensive approach. The role of EU cooperation with African countries must be adapted to each region’s specific needs and characteristics. The standards of most successful models of transregional cooperation should be recognised as the models of cross-border cooperation of states located on the eastern and southern borders of the single European space
Status of Refugees and International Protection Seekers: Administrative-Legal and Socio-Communicative Aspects
Full text linkThe article aims to disclose the administrative, legal, and socio-communicative status of refugees and seekers of international protection. It is demonstrated that refugees\u27 administrative and legal status encompasses the rights and freedoms granted to them, which are classified into two groups. The first group consists of non-specific rights, or fundamental universally recognized rights and freedoms, enjoyed by all non-citizens within the territory of the country of asylum. These include rights realised through general procedures and rights with specific implementation aspects concerning refugees. The second group involves specific rights exclusive to refugees, such as the right to monetary assistance, the right to preferential access to citizenship, and the right to free legal aid during refugee status determination procedures. In addition, it is concluded that the administrative and legal status of refugees also includes specific duties regulated by Ukrainian legislation, such as the obligation to inform the central executive body responsible for refugee policy about travel outside their registered administrative-territorial unit. This study employs a qualitative research method with a literature and legal approach, analyzing primary and secondary legal materials relevant to refugee protection. Through this method, the article offers a comprehensive understanding of the legal frameworks that structure refugee rights and obligations, aiming to strengthen the protection mechanisms for individuals needing international protection
Digital Justice and the Right to a Fair Trial: Challenges of Videoconferencing in Criminal Proceedings
Full text linkThis study examines the practice of remote criminal proceedings in Kazakhstan, with a particular focus on their compatibility with the right to a fair trial as guaranteed under international human rights law and the jurisprudence of the European Court of Human Rights (ECHR). Using a mixed-methods approach, the research combines doctrinal analysis of legal sources with case study examination of actual procedural practices in Kazakhstani courts. The findings highlight significant gaps in the Criminal Procedure Code of Kazakhstan, particularly regarding the regulation of videoconference hearings and the absence of explicit provisions addressing the accused’s objections to participating remotely. While the implementation of remote justice mechanisms is often justified as a means of improving efficiency, reducing logistical costs, and ensuring timely access to justice, these benefits cannot outweigh the fundamental principles of fairness and equality of arms. The study emphasises that involuntary participation in remote hearings may undermine effective defence rights, the immediacy of oral proceedings, and the psychological perception of justice. Ultimately, the research argues for the necessity of legislative reform that establishes clearer safeguards, ensures voluntary consent of the accused, and aligns Kazakhstan’s criminal procedure more closely with ECHR standards to strike a balance between efficiency and the protection of fundamental rights
Legal Regulation of the Principles of State Activity in Family Relations
Full text linkThis work examines some challenges in the application of the principles of family law. It is found that the principles of family law cannot replace the legal norms that regulate family relations. However, the regulatory influence of family law norms is determined and limited by its principles. It is proven that the principles of family law can be applied by authorized law-making bodies (in the process of law-making), administrative, judicial bodies, and subjects of family relations (in the process of law enforcement). It is established that the legality of the actions of public institutions and private individuals directly depends on compliance with the principles of family law. It is substantiated that the principles of family law are implemented in the process of law-making, implemented through the norms of law, and in the process of direct application. In the process of law-making, the principles of family law establish requirements for law-making activity that cannot contradict general values. They determine the content of legal norms that must reflect these values and serve as a criterion for the conformity of family law norms with the law. It has been established that the application of family law principles is possible by embedding them in family law norms. At the same time, the principles of family law are not limited to the list that can be fixed in written law. It has been proven that consolidating family law principles in written law contributes to their practical implementation. The features of applying family law principles through legal analogy have been studied. It has been established that the analogy guarantees participants in family relations that their rights and obligations will be regulated, allowing them to resolve cases within the framework of family legislation or based on the principles of family law.
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Halaburda, Nadiia. Leheza, Yevhen, Chalavan, Viktor. Yefimov, Volodymyr. Yefimova, Inna. 2021. Compliance with the principle of the rule of law guarantees the legality of providing public services in Ukraine. Journal of law and political sciences. Vol. 29, Іssue 4, 100–121.
Kobrusieva, Yevheniiа. Leheza, Yevhen. Rudoi, Kateryna. Shamara, Oleksandr. Chalavan, Viktor. 2021. International standards of social protection of internally displaced persons: administrative and criminal aspects. Journal Cita Hukum Indonesian Law Journal. Vol. 9, No. 3, 461–484. DOI: https://doi.org/10.15408/jch.v9i3.23752
Kostruba A.V. Analogy of law and law as a factual fiction and a way to "rehabilitate" the mechanism of termination of rights. Journal of the Kyiv University of Law. 2012. No. 3. P. 185–189.
Kroitor V.A. Eliminating gaps in civil law using analogy of law, analogy of law, and inter-branch analogy. Forum of Law. 2016. No. 3. P. 159–166.
Kulinich, Olha. Leheza, Yevhen. Zadyraka, Nataliia. Taranenko, Kseniia, Kostiuk, Tetiana. 2023. Electronic Judicial Procedure as an Element of Access to Justice Regarding Protection of Rights of Individuals: Legal, Administrative, Theoretical, and Informational Aspects. Journal Cita Hukum Indonesian Law Journal. 11 (3), 443–456. DOI: https://doi.org/10.15408/jch.v11i3.36298
Leheza, Y., Kolomoiets, Y., Chalyk, V., Kovalchuk, Y., & Sakhno, A. (2024). Foreign experience of financial-legal and administrative-legal regulation of the activities of public administration bodies. Revista do Curso de Direito do UNIFOR, 15(1), 51–60. DOI: https://doi.org/10.24862/rcdu.v15i1.1832
Leheza, Y., Korniienko, M., Berezniak, V., Мariienko, А., & Radchuk, A. (2024). Legal Regulation of Liability for Illegal Deportation of Children: Administrative, Criminal Aspects, Experience of Ukraine and International Standards. Revista Jurídica Portuguesa, 257–274. https://doi.org/10.34625/issn.2183-2705(36)2024.ic-11
Leheza, Y., Shcherbyna, B. Leheza, Yulia. Pushkina, Olena & Marchenko O. (2023). “Features of Applying the Right to Suspension or Complete/ Partial Refusal to Fulfill a Duty in Case of Non-Fulfilment of the Counter Duty by the Other Party According to the Civil Legislation of Ukraine.” Revista Jurídica Portuguesa, 340–359. Retrieved from https://revistas.rcaap.pt/juridica/article/view/29662
Leheza, Yevhen. Filipenko, Tatiana. Sokolenko, Olha. Darahan, Valerii, Kucherenko, Oleksii. 2020. Ensuring human rights in Ukraine: problematic issues and ways of their solution in the social and legal sphere. Cuestiones políticas. Vol. 37 n.º 64 (enero-junio 2020). P. 123–136. DOI: https://doi.org/10.46398/cuestpol.3764.10
Leheza, Yevhen. Pisotska, Karina. Dubenko, Oleksandr. Dakhno, Oleksandr. Sotskyi, Artur. “The essence of the principles of Ukrainian law in modern jurisprudence”. Revista jurídica portucalense, December (2022): 342–363. https://doi.org/10.34625/issn.2183-2705(32)2022.ic-15
Leheza, Y. Shcherbyna, Bogdan. Leheza, Yulia. Pushkina, Olena. Marchenko, Olesia. (2024). Características de la suspensión o de la denegación total o parcial del cumplimiento de una obligación en caso de incumplimiento de la contraparte, según la legislación civil ucraniana. Novum Jus, 18(2), 131–150. https://doi.org/10.14718/NovumJus.2024.18.2.5
Leheza, Y. Yerofieienko, Larysa. Komashko, Volodymyr. (2023). Propiedad intelectual en Ucrania bajo la ley marcial: regulación jurídica, aspectos administrativos y civiles. DIXI, 26(1), 1–11. https://doi.org/10.16925/2357-5891.2024.01.09 URL. https://revistas.ucc.edu.co/index.php/di/article/view/4960
Leheza, Yevhen. Yurovskа, Viktoriia. Zamryha, Artur. Ulozhenko, Vadym, Bohdan. Bohdana 2024. Administrative and legal regulation of the status of internally displaced persons in Ukraine during the war. University of Western Australia Law Review. 51 (2). 297–313. https://www.uwa.edu.au/schools/-/media/documents/uwa-law-review/volume-51-issue-2/leheza-et-al-formatted.pdf
Matviichuk, Anatolii. Shcherbak, Viktor. Sirko, Viktoria. Malieieva, Hanna. Leheza, Yevhen. 2022. Human principles of law as a universal normative framework: Principios humanos del derecho como marco normativo universal. Cuestiones Políticas, 40(75), 221–231. https://doi.org/10.46398/cuestpol.4075.14
Nalyvaiko, L., Hryhorchuk, M, Shevchenko, A, Melnyk, M, & Dolhoruchenko, K. (2023). Protection of Property Rights during the Russian-Ukrainian War: Theoretical and Legal Analysis. Access to Justice in Eastern Europe, 2(19), 172–190. URL: https://ajee-journal.com/protection-of-property-rights-during-the-russian-ukrainian-war-theoretical-and-legal-analysis. DOI: https://doi.org/10.33327/AJEE-18-6.2-n000206
Nalyvaiko, L., Pryputen, D., Verba, I., Lebedieva, Yu., & Chepik-Trehubenko, O. (2023). The European Convention on human rights and the practice of the ECTHR in the field of gestational surrogacy. Access to Justice in Eastern Europe, 2(19), 206–219. URL: https://ajee-journal.com/upload/attaches/att_1684147648.pdf. DOI: https://doi.org/ 10.33327/AJEE-18-6.2-n000203
Nalyvaiko, L., Маrсhenko, O., & Іlkov, V. (2018). Conceptualisation of the Phenomenon of Corruption: International Practices and Ukrainian Experience. Economic Annals-XXI, 172(7-8), 32-37. URL: https://ea21journal.world/index.php/ea-v172-06/ DOI: https://doi.org/10.21003/ea.V172-06
Nalyvaiko, Larysa Leheza, Yevhen, Sachko, Oleksandr. Shcherbyna, Victor. Chepik-Trehubenko. Olha. 2022. Principles of law: Methodological approaches to understanding in the context of modern globalization transformations. Ius Humani. Law Journal, 11(2), 55–79. https://doi.org/https://doi.org/10.31207/ih.v11i2.312
Osadchuk S.S. Application of the principles of law in law-making and law-enforcement processes. Our law. 2012. No. 3. Part 3. P. 32–37.
Pidvalna M.Z. Problems of applying the principle of the rule of law. University scientific notes. 2012. No. 3 (43). P. 17–24.
Pogrybny S. Analogy of law and analogy of law as means of regulating contractual civil relations. Theory and practice of intellectual property. 2010. No. 5. P. 14–21.
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Sinkevych, O., YurovskаV., Komissarova, N., T., O., & Leheza, Y. (2024). Subjects of public authority in matters of combating terrorism: legal regulation, administrative, and criminal aspects. Ius Humani. Law Journal, 13(1), 1–14. https://doi.org/10.31207/ih.v13i1.332
Tylchyk, Vyacheslav. Matselyk, Tetiana. Hryshchuk, Viktor. Lomakina, Olena. Sydor, Markiian. Leheza, Yevhen. 2022. Administrative and legal regulation of public financial activity: Regulación administrativa y legal de la actividad financiera pública. Cuestiones Políticas, 40(72), 573–581. https://doi.org/10.46398/cuestpol.4072.33
Villasmil Espinoza, Jorge; Leheza, Yevhen; Holovii, Liudmyla. 2022. Reflections for the interdisciplinary study of the Russian Federation’s invasion of Ukraine in 2022: Reflexiones para el estudio interdisciplinario de la invasión de Ucrania por parte de la Federación Rusa en 2022. Cuestiones Políticas, 40(73), 16-24. https://doi.org/10.46398/cuestpol.4073.00
Zadyraka, Nataliia. Leheza, Yevhen. Bykovskyi, Mykola. Zheliezniak, Yevhenii. Leheza, Yulia. 2023. Correlation of Legal Concepts of Administrative Procedure and Administrative Liability in the Sphere of Urban Planning. Journal Cita Hukum Indonesian Law Journal. Vol. 11 No. 1, pp. 33–44, DOI: https://doi.org/10.15408/jch.v11i1.31784
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Zavalnyuk S.V. Peculiarities of applying the analogy of law under the civil legislation of foreign countries. Journal of Civil Studies. 2016. Issue 20. P. 166–170
Laws on The Management of the Underground Economy in the Criminal Sector in Vietnam
Full text linkThis study explores the complex relationship between criminal law and the underground economy in Vietnam, highlighting both its economic contributions and its detrimental effects on social order, security, and individual well-being. The underground economy—comprising unregistered businesses, informal labor, and illicit trade—has persisted due to gaps in legal enforcement, economic inequality, and the pursuit of profit outside regulatory oversight. While it can stimulate short-term economic activity, it also undermines fiscal stability, erodes trust in public institutions, and exposes participants to significant risks. To analyze this phenomenon, the study employs a qualitative research method that integrates literature review, juridical-normative analysis, and case-based exploration. Legal documents, policy papers, and academic studies are examined to understand how Vietnamese criminal law addresses underground economic activities. In addition, expert interviews with legal scholars, law enforcement officers, and economists provide contextual insights into enforcement challenges and policy gaps. This qualitative approach allows for a nuanced understanding of how law and informal economic practices interact in real-world contexts, beyond mere statistical data. The findings reveal that Vietnam’s criminal law serves not only as a deterrent mechanism but also as a regulatory instrument that shapes economic behavior. However, enforcement remains inconsistent, and coordination among state institutions remains limited. The study concludes with policy recommendations to improve legal frameworks, strengthen institutional capacity, and promote public awareness to manage and gradually formalize the underground economy in Vietnam effectively.
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Dao, X. H., Nguyen, V. H., & Nguyen, D. A. (2023). “Requirements and recommendations to ensure social security for people working in the informal economy sector in Vietnam”. Journal of Namibian Studies, Vol. 33 (2023): Special Issue 3, e-ISSN 2197-5523, Publication date: May-22-2023, DOI: https://doi.org/10.59670/jns.v33i.1970 , https://namibian-studies.com/index.php/JNS/article/view/1970 , p. 932.
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The Philosophical-Legal Aspect of the Methodology of Research on the Instruments of State Policy and Public Administration
No full textIn particular, the study has shown that each of the approaches under consideration—epistemological, ontological, axiological, and systemic (in combination with synergetics)—has its own substantive purpose, yet together they form a comprehensive methodological framework for the respective scientific inquiry.
It has been established that the epistemological approach ensures the identification of the ways, boundaries, and means of acquiring knowledge about the instruments of public administration. Its significance lies in the development of methods for collecting, verifying, and interpreting information, which include dialectical analysis of contradictions, metaphysical fixation of stable elements, logical operations of induction and deduction, analytic-synthetic data processing, as well as hermeneutic interpretation of concepts and norms. Within this approach, instruments are studied through the prism of how exactly they can be known, described, and explained by scientific means.
It is noted that, in contrast, the ontological approach focuses on the nature, essence, and structural characteristics of instruments as socio-legal phenomena. Its methods are oriented not so much towards the process of cognition, but rather towards the identification of the fundamental properties of the object of study and its place within the structure of public administration.
It is emphasized that the axiological approach provides the value-based dimension of the research, in which the criteria for evaluating an instrument are the ideals enshrined in the legal system and social consciousness, namely justice, equality, freedom, human rights, and others.
It has been revealed that the systemic approach, reinforced by the synergetic dimension, makes it possible to consider public administration instruments in interaction with all elements of the public governance mechanism as a whole, to identify internal and external connections, as well as the patterns of their dynamics, self-organization, and adaptation to changes in the external environment.
It is underlined that such a multi-level methodological construct ensures the comprehensiveness of scientific description, the internal consistency of conceptual frameworks, and their resilience to changes in both the external and internal environment of the public authority system as a whole
An Evaluation of Exceptional Civil Service
Full text linkThe Constitution of the Republic of Türkiye states that every Turkish citizen has the right to enter public service and that, in recruitment to the service, there will be no discrimination other than those features required by the position. The Constitution also states that civil servants and other public officials will perform the primary and permanent duties of public service, and that their qualifications, appointments, duties, powers, rights, and obligations will be regulated by law. In this framework, the legal status of civil servants is regulated by the Civil Servants Law no.657. According to this law, those wishing to be appointed to the civil service must meet general and specific conditions, in addition to passing the civil service entrance examination. However, the Civil Servants Law introduced some different regulations for exceptional civil service. The exceptional civil servant positions are listed as restrictions in Article 59. Accordingly, regardless of the provisions for predicted appointments, examination results, staff progression, and promotion grades, appointments can be made to exceptional positions, of which there are a great many, such as parliamentary and ministerial civil servants, some specialists and specialist assistants, ministerial advisers, private secretary directorates, embassy and consulate personnel, and members of the Supreme Council for Religious Affairs. This provision may be used for purposes other than those for which it was intended. Therefore, subjecting the appointment of civil servants to objective criteria will both eliminate this possibility and ensure the provision of public services of the required quality and sufficiency
Конституционность Отмены Обязательных Расходов На Здравоохранение: Попытка Либерализации Отрасли Здравоохранения (The Constitutionality of the Abolition of Mandatory Healthcare Expenditures: An Attempt to Liberalize the Healthcare Sector)
Full text linkHealth expenditure is a fundamental obligation of the state, as healthcare is an essential public service that must be provided to its citizens, particularly to lower- and middle-income groups. The allocation of the health budget, both in terms of amount and percentage, cannot be altered without undergoing a legislative process and must comply with minimum constitutional requirements. With the enactment of Law No. 17 of 2023 on Health, the provision mandating compulsory health spending has been removed. This change represents a significant regression compared to the previous Law No. 36 of 2009 on Health, which guaranteed a fiscal allocation of at least 5% of the national budget (APBN) for the health sector. The research employs a normative legal method, drawing on conceptual and statutory approaches. The findings indicate that, according to the World Health Organization (WHO), mandatory health spending of only 4–5% of the Gross Domestic Product (GDP) is tough to sustain. Therefore, governments are encouraged to allocate at least 5% of their GDP to mandatory health spending. Indonesia’s decision to eliminate this mandatory spending poses a substantial risk of neglecting public health financing, especially for vulnerable groups. Ultimately, this may hinder adequate access to healthcare services and reduce both the quantity and quality of health programs for the general population
Legal Concept of Oil Palm Plantation Supply Chain Partnership as an Effort to Increase Competitiveness for Business Actors
Full text linkThe study of the concept of partnership legal relationship patterns in the palm oil industry business world aims to explore the idea of partnership relationship patterns between farmers, processors, and suppliers in the oil palm plantation supply chain, as well as the role of each party in improving operational efficiency, sustainability, and competitiveness for business actors. Partnership legal relationship pattern theory emphasizes the importance of synergy and collaboration between various actors in the supply chain to achieve common goals. The purpose of this study is to examine the pattern of legal relationships in supply chain partnerships between the private sector and oil palm planters to enhance the competitiveness of business actors. Qualitative research methods with normative research types, descriptively analyzed to examine and explain the research objects to be researched through legal and conceptual approaches, with literature study data collection techniques to identify effective partnership models, such as partnerships between farmers and processing plants, which are based on agreements or contracts, as well as vertical partnerships that integrate various stages in the supply chain. Qualitative research methods with normative research types, descriptively analyzed to examine and explain the research objects to be researched through legal and conceptual approaches, with literature study data collection techniques to identify effective partnership models, such as partnerships between farmers and processing plants, which are based on agreements or contracts, as well as vertical partnerships that integrate various stages in the supply chain. The results of the study show that a good partnership can facilitate technology transfer, improve cultivation practices and strengthen the bargaining position of business actors and in general, the application of the concept of legal relationship patterns of oil palm plantation supply chain partnerships between private parties and private parties, oil palm planters in realizing the competitiveness of effective business actors in the supply chain can be a key strategy to increase the competitiveness of business actors and ensure Sustainability of the palm oil industry
Protection of Human Rights: Participation of European International Organisations in Regulating the Functioning of Artificial Intelligence (AI) Technologies
Full text linkThe authors of this article explore the potential solutions to the issue of threats to human rights arising from the development of artificial intelligence (AI) technologies. The research problem is examined within the framework of international law, focusing particularly on adopting relevant legal instruments at the global or supranational level, especially within the European Union (EU) and the Council of Europe. This study employs a qualitative research method, using a literature-based and legal approach to review and analyse existing regulations systematically, scholarly discussions, and legislative initiatives. Additionally, the case-study method is utilized to examine key legislative instruments adopted within the EU that regulate the use of AI in the context of human rights protection. Through this approach, the article highlights the similarities and differences between the compared legal acts, particularly concerning the threats posed by AI technologies and their projected future significance. The findings indicate that the analysed legal instruments are vital for safeguarding individuals\u27 rights against risks emerging from the rapid development of AI. Furthermore, the authors conclude that the effective and practical implementation of these regulations at the national level in EU member states will play a critical role in shaping similar legal frameworks within the broader sphere of international law