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Problems of legality

"Problems of legality" – scientific peer-reviewed legal сollection of рapers with open access. Founder and Publisher – Yaroslav Mudryi National Law University. EDRPOU code 02071139; 61024, 77 Hryhoriia Skovorody Str., Kharkiv, Ukraine; tel.: +38(057) 757-72-93; e-mail: kancel@nlu.edu.ua ; https://nlu.edu.ua ; Publishing entity certificate: ДК No 7560 of December 28, 2021). ROR of the Publisher and Founder: https://ror.org/05grw1m33 . Collection was founded in 1976. Publication frequency – 4…

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Legal Science in the Context of the European Research Area: Paradigmatic and Institutional-Functional Aspects of the Integration of Scientific Knowledge

This article provides a comprehensive overview of the paradigmatic and institutional-functional aspects of the integration of scientific knowledge in Ukrainian legal scholarship, taking into account the relevant experience of Romania and Bulgaria as member states of the European Union. Particular attention is paid to the analysis of current trends in the transformation of the concept of the…

Public Control in a Constitutional Democracy: Ecuadorian Experience and Ukrainian Perspective

The development of constitutional democracy in Ukraine under martial law, the digital transformation of governance, and the strengthened role of civil society make it increasingly important to provide a clear legal conceptualisation of the activity of citizens who influence public authority without holding an electoral mandate. At the level of current legislation, certain forms of civic…

Issues Regarding the Determination of the Status of Local Government Officials in the Practice of the Supreme Court

This article examines the impact of entering a fixed-term employment contract on the legal status of a local government official. The topic is relevant because of the ambiguity in judicial practice regarding the application of Article 10 of the Ukrainian Law on Service in Local Self-Government Bodies, the decentralization reform, the expansion of temporary appointments under martial law, and the…

Theoretical and Practical Issues of the Concurrence of Positions and Statuses in the Local Self-Government System

This academic article examines the issue of the concurrent holding of positions by certain public authorities, a topic of current relevance in the fields of constitutional and municipal law. It provides a general overview of the legal regulation of concurrent holding in the sphere of local self-government and analyses the constitutional provisions governing this matter. Greater attention is paid…

Genesis of the principle of freedom of contract

The relevance of the study lies in the fact that the article is devoted to the genesis of the principle of freedom of contract. Attention is paid to the correlation between the principles of contractual obligation and freedom of contract, taking into account existing legal doctrines that reflect different approaches to their understanding and correlation. The purpose of the article is to outline…

Verification as a Methodological Problem of the Modern Theory of Civil Judicial Procedure

The relevance of the article is determined by the need to study problems arising from the insufficient development of methodological support for civil procedural law, which manifests itself, in particular, in the crisis trends of modern legal methodology and the need to adapt the principles of logical positivism to the specifics of legal reality. These circumstances highlight the need to…

Tortious and Contractual Liability: (Re)Demarcation, Enclaves, and Grey Zones

The article examines the problem of delimiting tortious and contractual liability in civil law – a question that, despite its apparent theoretical clarity, retains considerable practical complexity. It is established that the demarcation line between the two liability regimes is not a clear normative boundary but a dynamic and structurally unstable one, giving rise to two types of problematic…

Court Fees as a National Instrument for Access to Justice in Ukraine: a Procedural Barrier or a Forced Necessity

This article explores the legal nature of ‘court fees’ as one of the indicators and procedural filters for access to justice. Thus, in examining the main doctrinal approaches to the value of access to justice, the authors conclude that account must be taken not only of the legal framework but also of the social and economic development of the country in which an individual seeks to protect their…

The Mobile Conflict of Laws in Matrimonial Property Regimes: European Approaches and National Case Law

This article examines the phenomenon of the mobile conflict in the law of matrimonial property regimes within the framework of private international law. A mobile conflict arises when spouses relocate between states, potentially altering the connecting factor that determines the applicable law governing their property regime. The relevance of the topic is driven by the growing international…

Digitalization of Customs and Foreign Economic Activities in International Law and EU Customs Legislation: Rule of Law in the Digital Paradigm

The relevance of this topic is determined by the need to expand doctrinal perspectives on the legal nature of digitalization and digital transformation within the fields of customs and foreign economic activity in the European Union, specifically through the prism of the digital paradigm of the rule of law. The article aims to examine the organizational and legal foundations, as well as the…