Abstract. The analytical note examines the legal grounds and procedures for the election of prosecutors, analyses models of financing and legal regulation of such elections, and addresses issues related to the financial support of elected prosecutors as a guarantee of their independence.

To this end, international instruments on the status of prosecutors, relevant legislation of the European Union Member States, as well as national legislation and law enforcement practice of selected states of the United States of America and cantons of the Swiss Confederation – where the tradition of electing prosecutors has been preserved – were analysed.

Based on the analysis, conclusions are drawn regarding the advantages and risks of different models for the election of prosecutors, along with proposals on the possible use of the experience of the aforementioned states in shaping the system of prosecutorial bodies in Ukraine.

Key words: prosecutor, election of prosecutors, legal regulation of the election of prosecutors, financial support for the election of prosecutors.

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03/2026

Abstract. This analytical note presents the results of a study of the issue of establishing criminal liability for defamation. It identifies the types of criminal liability for defamation, the conditions under which such liability arises, and the aggravating factors. Trends towards the decriminalisation of defamation are also explored. The analysis is based on a study of the relevant legislation of the Group of Seven (G7) countries (Germany, France, the United Kingdom, Italy, Canada, Japan, the USA), as well as Poland.

Keywords: criminalisation, decriminalisation, slander, defamation, criminal liability, criminal code.

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03/2026

Abstract. The analytical note is devoted to the issues of the unity of judicial practice in the context of Ukraine's aspiration to integrate into the European Union. The importance of European and international standards in the field of justice for ensuring the uniform application of the law and the compliance of judicial decisions with the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms is considered. Particular attention is paid to the role of the Consultative Council of European Judges and its recommendations on mechanisms for ensuring the unity of judicial practice, including formal, semi-formal and informal approaches. The key role of the Supreme Court and courts of appeal in maintaining the consistency of judicial decisions is emphasized. The issue of the correlation between the independence of judges and the harmonization of judicial practice, as well as the importance of the cassation instance and cassation filters in ensuring unity is investigated based on an analysis of the experience of EU countries. It is emphasized that the unity of judicial practice is a component of the principle of the rule of law, and its observance is a mandatory condition for the accession of candidate states to the EU, which is reflected in the Acquis Communautaire (Chapter 23) and confirmed by the experience of candidate states and EU Member States. Ensuring the unity of judicial practice demonstrates the commitment of the candidate state to the principles of the rule of law and legal certainty.

Key words: unity of judicial practice, European standards, rule of law, legal certainty, cassation instance, Supreme Court, independence of judges, Acquis Communautaire, negotiation process.

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04/2025

Abstract. The analytical note examines the issues of the subject matter jurisdiction of the High Anti-Corruption Court and its connection with subjectivity. These issues are examined in the context of the legal certainty of the provisions of the Criminal Procedure Code of Ukraine, which establish subjectivity and subjectivity in criminal proceedings regarding corruption-related criminal offenses and criminal offenses related to corruption. An analysis of the relevant provisions of the Criminal Procedure Code of Ukraine, the opinions of scholars, practitioners, court decisions of the High Anti-Corruption Court, the Supreme Court, monitoring reports of Transparency International Ukraine, and recommendations of the European Commission on the feasibility of the draft legislative act being developed on the issues of determining the subject matter jurisdiction of the High Anti-Corruption Court has been conducted.

Key words: Supreme Anti-Corruption Court, jurisdiction, prosecutor, National Anti-Corruption Bureau of Ukraine, investigation, corruption criminal offenses.

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04/2025

Abstract. The Analytical note examines the grounds of criminal liability for international crimes in the legislation of individual European states.

Methods of implementing the provisions of the Rome Statute into the criminal legislation of the states that ratified its provisions are analyzed; the list and types of socially dangerous acts classified as international crimes and the sanctions of norms on lability for international crimes.

The experience of legal regulation of responsibility for genocide, crimes against humanity, and war crimes under the laws of the Netherlands, Germany, and Sweden is summarized.

Key words: criminal liability, international crimes, Rome Statute of the International Criminal Court, implementation, foreign experience.

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10/2024

Abstract. The analytical note considers the grounds for holding drivers accountable for driving while intoxicated in certain European countries.

Forms of legislative consolidation of legal responsibility are analyzed; types of measures to influence offenders and certain procedural aspects of considering cases of liability for driving while intoxicated.

The experience of legal regulation of liability of drivers for driving while intoxicated is summarized in the legislation of Great Britain, Italy, Latvia, Lithuania, the Netherlands, Germany, Poland, France.

Key words: administrative liability, criminal liability, driving, intoxication, per mille, prosecutor.

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04/2024

Abstract. The analytical note examines the peculiarities of legal regulation of prevention and counteraction to domestic violence, determined by the current legislation and law enforcement activities of relevant state and non-state institutions in the USA and the states of the EU.

The following issues are considered: legislative support of the specified sphere of public relations; creation and functioning of a register of cases of domestic violence, registers of persons who committed domestic violence and suffered from these acts; principles of protection and mechanisms of control over observance of rights and vital interests of victims of domestic violence; providing comprehensive and timely assistance to affected persons by entities specializing in the implementation of measures aimed at preventing and combating domestic violence; coordination of activities of such entities, ways to optimize their information interaction; availability of call centers, hotlines and other institutions to provide free advice on preventing and combating domestic violence, including against children; grounds and procedure for prosecution for domestic violence.

The above-mentioned questions are analyzed in detail on the example of the USA, such member states of the EU as Bulgaria, Estonia, Spain, Netherlands, Poland, France, Croatia, Sweden, Great Britain.

Key words: domestic violence, prevention and counteraction, victim, child, offender registry, telephone hotlines, liability.

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03/2024

Abstract. The analytical note explores the peculiarities of legislative regulation in individual countries of issues related to responsibility for providing false information by migration authorities ("migration fraud"). In this context, the grounds and procedure for prosecution for providing false statements, explanations, documents containing false information to the migration authorities for the identification of persons, otherwise misleading employees of the migration services in order to obtain passports or other documents certifying or confirming identity are considered her special status (refugee, asylum seeker, etc.), distinctive and common features of such responsibility.

In addition, the types and subjects of responsibility for such actions, the types of fines (punishments) applied for their commission, as well as the bodies authorized to apply them, the specifics of the responsibility of witnesses and translators who are involved for the identification a person and provide about him knowingly false information are explored.

These issues are analyzed on the example of the USA, Great Britain, as well as the following member states of the European Union: Germany, France, Italy, the Netherlands, Poland, Latvia, Lithuania.

Key words: migration, immigration, migration fraud, false information, deception of migration authorities, criminal liability, administrative liability, foreign countries.

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11/2023

Abstract. It focuses on the legislative regulation of the criminalisation of ecocide in European countries. Also, it provides analysis on legal acts that establish the grounds for criminal liability for the destruction of flora and/or fauna, poisoning of the atmosphere or water resources, and actions that may cause an environmental disaster. The criminal and environmental legislation of 19 countries is reviewed.

Key words: criminal liability, ecocide, mass destruction of the environment, flora and fauna.

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08/2023

Abstract. The analytical note provides a comparative analysis of the criminal procedure legislation of Ukraine, nine European countries and two post-Soviet countries with regard to the appointment of a new trial in the court of first instance. It gives the reasons for the appellate court (court of appeal) to set aside a first instance court's judgment as well as provides analysis of the grounds that fall under the category of «significant non-compliance with the requirements of the criminal procedure». Also, it has been found out the common and distinctive features of the provisions of the Criminal Procedural Code of Ukraine and criminal procedural laws of Germany, Bulgaria, Serbia, Slovakia, Croatia, Czech Republic, Poland, Estonia, Latvia, Moldova and Georgia. The Annex 1 provides a comparative table on the basics for the appellate court to set aside the judgement of the court of first instance and to remand the case (criminal proceedings) for a retrial / new trial to the court of first instance – in terms of the grounds stipulated by Article 415 of the CPC of Ukraine.

Key words: criminal proceedings, court of first instance, appellate instance, court judgement, setting aside the judgement, significant non-compliance with the requirements of the criminal procedure, retrial / new trial, foreign experience.

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05/2023