Galician Studies: Law Sciences

IMPROVEMENT OF UKRAINIAN LEGISLATION IN THE FIELD OF INTELLECTUAL PROPERTY UNDER MARTIAL LAW THROUGH THE LENS OF ACCESS TO MEDICINES

I. P. Volynets — Tue, 23 Sep 2025 00:00:00 +0300

The article examines the current state and development trends of Ukrainian legislation in the field of intellectual property through the prism of access to medicines under martial law. It demonstrates that the pharmaceutical sector shows stable growth dynamics despite severe socio-economic conditions and war-related challenges. At the same time, this positive economic trend necessitates a revision and improvement of legal mechanisms governing the protection and use of intellectual property in the pharmaceutical domain. The dual nature of legal regulation is emphasized: on the one hand, it must stimulate innovation and protect pharmaceutical innovators; on the other hand, it should ensure the realization of the public interest in guaranteeing access to essential medicines.Special attention is paid to recent legal innovations, including the Bolar exemption, mechanisms of parallel import, and changes in the terms of patent protection. The paper analyzes the Law of Ukraine No. 4454-IX (2025), which implements the Bolar provision and creates legal conditions for an accelerated market entry of generic drugs immediately after patent expiration. It also explores the Law of Ukraine No. 3860-IX (2024), which introduced the mechanism of parallel import of medicines into national legislation as a tool for enhancing competition and preventing abuses of patent rights. Additionally, the Decision of the National Security and Defense Council of Ukraine of February 12, 2025, is considered, which defines strategic directions of legislative policy in the field of medicine accessibility, including patent extension issues and the specifics of state registration of drugs.The article concludes that Ukraine’s legislative initiatives are gradually shaping a balanced model of reconciling pharmaceutical innovation protection with citizens’ right to health care. The implementation of European standards, particularly regarding patent regulation, parallel imports, and the Bolar exemption, constitutes a prerequisite for Ukraine’s integration into the European legal framework and for ensuring sustainable development of the pharmaceutical market.Future reforms should focus on eliminating legal inconsistencies and creating transparent enforcement mechanisms, thereby fostering innovation and simultaneously improving the accessibility of essential medicines for the population even under extraordinary conditions of martial law.

FEATURES OF PUBLIC ADMINISTRATION OF MIGRATION PROCESSES IN EU MEMBER STATES

V. M. Halunko — Tue, 23 Sep 2025 00:00:00 +0300

The article comprehensively examines the peculiarities of public administration of migration processes in the member states of the European Union, focusing on the multilevel nature of migration policy regulation, which combines supranational EU standards with the practices of individual member states. It also reveals the essence of the legal mechanisms for the formation and implementation of European migration policy, and outlines the main forms of interaction between national authorities and EU institutions in the field of migration flow management, which is extremely important for determining the peculiarities of public administration of migration processes.In addition, an analysis of key international and European regulatory acts is conducted, in particular the provisions of Directive 2001/55/EC “On minimum standards for granting temporary protection,” Directive 2008/115/ EC, the so-called “Return Directive,” as well as Directives 2013/32/EU and 2013/33/EU, which regulate the procedures for granting international protection and the conditions for the reception of asylum seekers. The practice of the European Court of Human Rights, which confirms the mandatory nature of the directives and establishes the legal consequences of their non-compliance by member states, is considered separately.Particular attention is paid to the current challenges facing the European Union in connection with the full-scale invasion of Ukraine by the Russian Federation, as these events led to the unprecedented application of the temporary protection mechanism provided for in Directive 2001/55/EC, which demonstrated the solidarity of member states and the EU’s ability to respond quickly to large-scale humanitarian crises.The study also concludes that the current EU migration policy functions as a multidimensional system, intertwining legal, humanitarian, and security aspects, and its effectiveness largely depends on the harmonisation of legal norms, inter-state coordination of actions and the development of balanced administrative decisions that simultaneously ensure the protection of migrants’ rights and the preservation of stability in the member states of the Union.

CRIMINOLOGY OF DOMESTIC VIOLENCE: PORTRAIT OF THE PERPETRATOR AND THE VICTIM

T. M. Melnyk — Tue, 23 Sep 2025 00:00:00 +0300

The article presents a criminological analysis of domestic violence through the prism of studying the personality of the perpetrator and the victim. The author emphasizes the need to consider this phenomenon not only as a social or psychological problem, but also as a complex criminological phenomenon that affects the safety of the person and the effectiveness of law enforcement.Based on regulatory and legal sources, statistical data, and scientific positions, generalized criminological portraits of the perpetrator and the victim have been formed. The key socio-demographic, psychological, and behavioral features of perpetrators and the peculiarities of their motivation have been revealed. Special attention is paid to victims of domestic violence, their vulnerability, emotional state, behavioral patterns, and barriers to seeking help.The author substantiates the influence of social, economic, legal, and medical and psychological factors on the spread of domestic violence, particularly under martial law. It is noted that the armed aggression of the Russian Federation against Ukraine has deepened the vulnerability of victims, reduced access to assistance, and complicated the activities of response services.The conclusion is made about the need to form an effective system for detecting, preventing and combating domestic violence, taking into account the criminological characteristics of its participants.Promising areas of further research include the typology of perpetrators, the transformation of the portrait of the victim in wartime, and the development of indicators for early detection of violence in the families of military personnel, IDPs, and other vulnerable groups. It is also considered advisable to conduct empirical research on the effectiveness of resocialization programs for offenders, taking into account psychological and behavioral characteristics. This will increase the effectiveness of response measures and contribute to reducing the recurrence of violent behavior.

THE PROBLEM OF LEGITIMACY OF LAW: TRADITIONAL AND MODERN APPROACHES

T. O. Podkovenko — Tue, 23 Sep 2025 00:00:00 +0300

The article explores the issue of the legitimacy of law through the prism of traditional and modern approaches to legal understanding. The author analyzes the evolution of legitimacy concepts in law – from classical theories of natural law and legal positivism to contemporary approaches – focusing on defining the main criteria of legal legitimacy in the context of modern societal transformations.The purpose of the study is to identify the main theoretical and methodological approaches to the legitimacy of law, analyze them, and compare them within the framework of contemporary legal philosophy. The research objective is an in-depth examination of traditional and modern concepts of legitimacy, as well as the development of recommendations for adapting these approaches in legal practice to ensure the stability and acceptability of legal norms in modern society.The study is based on a comprehensive methodology, combining philosophical-legal analysis, comparative legal methods, and an interdisciplinary approach. In particular, this allowed for an exploration of the concepts of legal legitimacy in historical retrospect, tracing the transformation of ideas regarding the foundations of legal and political legitimacy, and defining the ontological and axiological bases of legal legitimacy.The scientific novelty of the study lies in its comprehensive analysis of the transformation of the concept of legal legitimacy in the context of globalization and the development of digital technologies. The author argues that the modern understanding of legal legitimacy requires a combination of procedural correctness (democratic lawmaking processes) and a value-based component (compliance with international human rights standards).Special attention in the article is given to the analysis of contradictions between formal legitimacy (adherence to established procedures) and social justice in postmodern societies. The author proposes a new approach to assessing the legitimacy of law, which takes into account both institutional mechanisms and communicative practices in the legal field.

MEDIATION AS A SOCIAL SERVICE: ORGANIZATIONAL AND LEGAL FRAMEWORK

L. D. Romanadze, O. M. Yaremko — Tue, 23 Sep 2025 00:00:00 +0300

The article explores mediation as a social service in the context of the organizational and legal framework for its provision in Ukraine. The relevance of integrating mediation into the social protection system is substantiated, particularly for individuals and families in difficult life circumstances or those at high risk of falling into such situations.Mediation is considered a core social service that contributes to reducing social tensions, strengthening dialogue, and preventing the escalation of conflicts. It is presented as a humane, accessible, and effective tool of social protection amidst the transformational processes of Ukrainian society.The article analyzes the current legal and regulatory framework governing the provision of mediation as a social service in Ukraine, including the laws “On Mediation”, “On Social Services”, and “On Social Work with Families, Children and Youth”; resolutions of the Cabinet of Ministers of Ukraine; and regulatory acts of the Ministry of Social Policy of Ukraine. Special attention is given to the State Standard for the Social Service of Mediation, adopted in 2024, which for the first time comprehensively regulates all stages of service provision, taking into account the “case management” technology.The article outlines the procedures and conditions for delivering the social service of mediation: application analysis, assessment of individual needs, development of an individual plan, conclusion of a service agreement, implementation of the agreement and the individual plan, as well as monitoring and evaluating the quality of service provision. It highlights the key principles underlying the mediation process, including confidentiality, voluntariness, independence, neutrality, impartiality of the mediator, self-determination, and equality of the parties in mediation.The emphasis is placed on the importance of interagency and interdisciplinary cooperation in the implementation of the social mediation service, which remains insufficiently regulated at the normative level. The article proposes ways to improve this cooperation through regulatory development, methodological support, inter-institutional partnerships, and professional training of specialists.

PREVENTION IN ELECTORAL LEGISLATION: THEORETICAL AND PRACTICAL ASPECTS

V. A. Shevchuk — Tue, 23 Sep 2025 00:00:00 +0300

The article examines the phenomenon of electoral conflict prevention as a key element in ensuring a democratic electoral process. The author reveals the legal nature of preventive activities in the electoral sphere, emphasizing their significance in strengthening public trust in electoral institutions. A comparative analysis of international experiences in transitional democracies–particularly Botswana, Nepal, and Indonesia–demonstrates the successful implementation of preventive mechanisms such as mediation, the activities of electoral ombudsmen, and online complaint platforms.It is argued that prevention is not only a way to avoid electoral crises but also a strategic tool for building an inclusive political process. The study identifies the main prerequisites for the effective implementation of preventive mechanisms: the independence of electoral commissions, transparency of procedures, active participation of civil society, and adequate voter education.Special attention is given to the role of electoral justice in preventing conflicts. The author highlights that electoral institutions should not only react to violations once they occur but should also introduce early warning systems for disputes. Such an approach ensures the sustainable functioning of the electoral system and strengthens trust in democratic procedures. The paper concludes that preventive measures must combine legal, institutional, and socio-communicative instruments, which together help create a new political culture of responsibility and respect for the rule of law.The article also emphasizes the importance of drawing on international experience and adapting it to the Ukrainian context. In particular, it analyzes the effectiveness of preventive mechanisms in post-conflict countries, where electoral processes often acted as triggers of political instability. The findings demonstrate that preventive actions built on institutional independence, dialogue, and legal certainty represent a solid foundation for achieving political stability and enhancing the legitimacy of elections.In conclusion, the research stresses that prevention in the electoral process should not be regarded as an additional or auxiliary instrument but rather as a system-forming element of democratic elections. Its integration into electoral legislation contributes to reducing conflicts, ensuring the rule of law, enhancing electoral legitimacy, and creating the necessary conditions for the development of sustainable democratic institutions.