Mykolas Romeris University Research Management System (CRIS)





Database.use.hdl: https://cris.mruni.eu/cris/handle/007/21163
Now showing1 - 10 of 77
  • research article[2025][S1b][S001][14]
    Boiko, Oleksii Pavlovych
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    Rohalska, Viktoriia Viktorivna
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    Zakharko, Andrii Volodymyrovych
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    Bronevytska, Oksana
    International comparative jurisprudence., 2025, p. 180-193

    The procedural powers of pre-trial investigation bodies represent animportant tool in dealing with cybercrimes. This academic paper analyses the procedural powers through the implementation ofthe relevant provisions of the Convention on Cybercrime. The aim of this academic research isto comparehow some European countries implemented the provisions of the Budapest Convention procedural capabilities of pre-trial investigative bodies during the investigation of cybercrimesinto national laws. The object of the research isthe Budapest Convention and national procedural legislation of selected European countries, by the authors of this academic paper.The main tasksof this study to achievethe aim of this research arethe following: 1) to gathersystematic knowledge about the state of regulation of criminal procedural powers of pretrial investigation bodies dealingwith cybercrimes by comparingthe current procedural capabilities of pre-trial investigative bodies withthe effective investigation of cybercrimes and the completeness of the implementation of the procedural provisions of the Budapest Convention in criminal procedure legislation of some European countries (which implemented the Budapest Convention and developed procedural mechanisms for national law enforcement agencies); 2) to analyse the criminal procedural laws of Ukraine relating tocybercrime investigation through the implementation of the provisions of the Budapest Convention into national law; 3) provide arecommendation on improving thelaws of Ukraine to dealwith cybercrimes. The result of this study shows that the full implementation of the procedural provisions of the Convention on Cybercrime by the signatory states is a mandatory condition for improving the effectiveness of cybercrime investigations in European countries,although the process of implementation of specified powers is too slow in some countries, especially through instruments of legal cooperation in criminal cases. The topic oflegal cooperation in criminal matters related to cybercrimes shallnot be aresearch theme in the given academic paper,it maybe a separate topic for new academic research.

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  • research article[2025][S1b][S001][23];
    Fedchyshyn, Serhii
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    Kovtun, Maryna
    International comparative jurisprudence., 2025, p. 284-306

    Resolving conflict of interest in public service is one of the key mechanisms for combating corruption. Its principles are defined in international legal documents. The United Nations (UN) Convention Against Corruption states that each State Party should strive, in accordance with the fundamental principles of its domestic law, to establish, maintain and strengthensystems that promote transparency and prevent the appearance of conflict of interest. All State Partiesshall endeavour to establish, maintainandstrengthen measures that promote transparency and prevent conflicts of interest, in accordance with the fundamental principles of their domestic law. The article raises the problem that the confusing legal regulation and the variety of situations that arise in public service result in public servants not always correctly identifyingconflictsof interest, not avoidingconflicts of public and private interests,andpersons who have ceased to work in the public service not complyingwith restrictions on work, restrictions on concluding contracts or using individual benefits,andrestrictions on representation. The aim of this article is to reveal the peculiarities of the legal regulation of conflict of interest, to analyse means of resolving conflicts of interest in the public service and restrictions for post-public servants in Ukraine and Lithuania. The authors set outa number of tasks in the article: (i) to define the concept of conflict of interest in the public service; (ii) to identify means of resolving conflictsof interest in the public service in Ukraine and Lithuania; (iii) to compare the restrictions (limitations) for post-public servants in each country. The research methods employed included: (i) comparative method, comparing the regulations on conflict of interest in each country; (ii) generalisation method, to formulate conclusions; (iii) document analysis method, focusing on the legal acts and documents of Ukraine and Lithuania; (iv) statisticalmethod, to reveal the number of investigation identifying conflictsof interest in public officials' activities.

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  • research article[2025][S1b][S001][14]
    Šulmane, Dace
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    International comparative jurisprudence., 2025, p. 47-60

    This article analyses the genesis and apparent contradiction between different human rights, specifically, the right to education and national minority rights, through the lens of the best interests of the child. The innovative concept of the protection of the best interests of the child allows for a different approach and a fair balance to be struck between values such as the equality of the individual in society and the need to preserve national identity on one hand and, on the other hand, the extent to which the quality of the right to education affects the balance between these values. The article’s objective is to examine the thesis that the legal framework of the right to education does not include a child’s integral right to basic education in their native language if it is not the official state language. The rights to education in one’s native language in Latvia and Lithuania are not identical concepts, emphasising the role of children’s education in building civic society and ensuring democratic processes. In this article, we distinguish and identify the ‘traditional’ or ‘autochthonous’ national minorities and their rights and legal expectations, at the same time illustrating the legally nuanced collisions regarding the correct use of the term ‘national minority’ and its applicability to a state’s obligations to protect the rights of national minorities.

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  • research article[2025][S1b][S001][13];
    Fedchyshyn, Serhii
    International comparative jurisprudence., 2025, p. 91-103

    As a candidate for European Union (EU) membership, Ukraine is required to implement reforms in public administration, the civil service and prevention of corruption. The European Commission has acknowledged Ukraine’s progress in preventing corruption, but there is still room for improvement. Accepting gifts is one of the critical areas that can encourage corruption in the civil service. Examining the experience of EU Member States can provide valuable information to Ukrainian legislators to help them eliminate gaps in current Ukrainian laws and other legal acts. This article analyses and compares the specifics of the legal regulation of accepting gifts in the civil service in Ukraine and Lithuania. The authors compare the legal acts and case law of Ukraine and Lithuania, addressing the problem of accepting illegal gifts and establishing sanctions for such actions. The authors also analyse the challenges that both countries face in implementing their anti-corruption policies. Based on other countries’ experiences, the authors propose strategies that Ukrainian legislators could adopt to develop a more effective anti-corruption policy. The objectives of the article are to: (i) define the concepts of gifts and bribery; (ii) identify the lists of permitted and prohibited gifts in the civil service in Ukraine and Lithuania; and (iii) compare the liabilities arising from illegal gift acceptance in each country.

      4Scopus© Citations 1
  • research article[2025][S1b][S001][14]; ;
    Voloshanivska, Tetiana
    International comparative jurisprudence., 2025, p. 307-320

    This article examines the specific features of trainingforentry-level police officers in various European countries and Ukraine, with particular attention to the development of forensic competencies required for responding to criminal acts and working at crime scenes. The study analysesthe structure of training programmes across different countries, focusing on how forensic training is integrated, whether forensic topics are directly linked to officers’ initial roles, the extent to which professional duties influence the scope of forensic instruction and the balance between theoretical and practical knowledge. The findings indicate that although different European countries and Ukraine apply diverse models for preparingofficers, they all ensure that future officers acquire essential forensic knowledge and develop the practical skills necessary for acting effectively at crime scenes, regardless of their eventual place of service. Based on the comparative analysis of these experiences, a core block of forensic knowledge is identified as fundamental to ensuring the proper implementation of forensic competencies in crime scene work.

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  • research article[2024][S1b][S001][18]
    Safta, Marieta
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    International comparative jurisprudence., 2024, p. 112-129.

    Constitutional courts, entrusted with the mission of protecting the supremacy of the constitution and having the power to eliminate legislative and executive acts from the legal system, play an important role in the law-making process. The official constitutional doctrine formulated in constitutional rulings becomes part of the living constitution, binding every state institution and individual. Therefore, the quality of constitutional reasoning must be beyond any doubt. This article argues that constitutional courts interpreting constitutional norms might benefit from the academic legal doctrine. The influence of academic research on constitutional case-law depends on the jurisdiction, the constitutional traditions, and the subject matter of each case. After comparing the constitutional jurisprudence of Romania and Lithuania, which feature entirely different attitudes towards the use of academic research in constitutional jurisprudence, the authors define different levels of scholarly impact on the resolution of constitutional justice cases, revealed through methods of judicial interpretation. The article concludes that the research-case-law partnership might contribute to the evolution of the legal system. High-quality research increases the quality of case-law, and its potential to be recognised as a source of law, even if indirect, increases through the authority that legislation based on it acquires.

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  • research article[2024][S1b][S001][14]; ; ;
    Kasprzak, Jerzy
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    Shepitko, Valery
    International comparative jurisprudence., 2024, p. 130-143.

    The idea of an alliance between Central and Eastern Europe and parts of the Balkans, otherwise known as the Intermarium or the Three Seas Initiative, is not a new one, but it has been given new impetus in our time as this region has developed substantial common interests – not only in the political and economic spheres, but also in other areas. If we look at the idea of the Intermarium, or more specifically the Three Seas concept, we see that 12 European Union countries are formally involved (Austria, Bulgaria, Croatia, Czechia, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia). Greece was admitted to the Alliance in Bucharest in September 2023, while Ukraine and Moldova became associate members. In April 2024, an Intermarium Summit took place in Vilnius where important resolutions were adopted, including on security. The division of criminalistics into four main traditional schools (Germanic, Romance, Anglo-Saxon and Eastern European) which emerged in the second stage of its development in the 20th century is well known. There are no purely national ‘schools of criminalistics’, since each country is in the process of analysing the positive experiences (scientific and applied) of other countries and adapting them to its own purposes. This scientific term is therefore significant first and foremost as a basis for scientific classification, but also reflects the geopolitical vectors of each country. In regard to the development of a specific science such as criminalistics in the context of public security, we need to consider the influence of various factors on this process. In each country, criminalistics, as both a science and an applied field, begins based on the paradigms of one of the main schools before being further saturated with national content. The latter process depends not only on the existing law and its doctrine, the functioning system of law enforcement institutions, and the economic and social conditions, but also on the history, culture, traditions, and geopolitics of the country. The aim of this article, written by authors from three Intermarium countries, is to show, on the basis of an analysis of the most important developments in the forensic sciences of the countries of Eastern and Central Europe in recent decades, the prerequisites for the formation of a new school of criminalistics in the Intermarium countries. It also seeks to provide insights into the future directions of this process in the context of geopolitical changes.

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  • research article[2024][S1b][S001][13]
    Forum Prawnicze., 2024, p. 96-108

    The article analyzes risks and opportunities that relate to applying decisionassisting tools that are based on artificial intelligence (AI) technology to the mediation process. While discussing this topic, the author suggests how to mitigate the analysed risks or optimise benefits. A brief elaboration on workable definitions of AI and the decision-assisting tool is also provided, as well as some predictions as to the future of the applicability of new technologies in mediation. Remarks are also made about whether mediation is fit to change and able to embrace new technologies.

      11Scopus© Citations 1
  • research article[2024][S1b][S001][18]; ;
    Krychyna, Anzhela
    International comparative jurisprudence., 2024, p. 159-176.

    The global rise in domestic violence has promted international preventive efforts such as the Istanbul Convention, which bans mandatory alternative dispute resolution for all forms of violence. This created a challenge in aligning public justice policies and balancing mandatory mediation schemes with adequate victim protection. This article seeks to offer an in-depth analysis of the main concerns in the implementation of mandatory family mediation in domestic violence cases in the context of the Istanbul Convention, and to provide an overview of some of the practical solutions that can be deployed to overcome these issues. This research commences with a review of the existing scientific literature and an overview of international regulation in the field of the application of mediation in the context of domestic violence, focusing primarily on the provisions of the Istanbul Convention. This is followed by a comparative study that considers the national legislation of Lithuania, Bulgaria and Ukraine in order to highlight differences in the application of mediation in domestic violence cases and to determine how the Istanbul Convention has influenced mediation practices in the selected countries. This revealsthat compliance with the prohibition on mandatory mediation in the Istanbul Convention has an impact on the level of protection afforded to domestic violence victims, but does not guarantee it per se, thus contributing to uncertainty regarding how victims will be treated during mediation. Additional guidelines, standards or protocols should be employed to assist mediators in determining domestic violence and in tailoring the mediation process accordingly. It is therefore strongly suggested that, to ensure effective measures for the protection of victims of violence, additional national legislation should be adopted to screen for signs of violence in mandatory mediation and to propose specific approaches to the necessary steps to be taken in mediation in the context of domestic violence.

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  • research article[2024][S1b][S001][15];
    Kolev, Nikolay
    International comparative jurisprudence., 2024, p. 144-158.

    This article focuses on the statutory exit right of a minority shareholder in a private limited company in two countries – Lithuania and Bulgaria – by exploring two interconnected aspects with equal practical significance: conditions for its exercise and the terms for the calculation of the exit payment. The paper emphasises that both legal frameworks employ conceptually different legal techniques that limit withdrawal from a private limited company, i.e., by providing either for a narrowly drafted exit right and therefore directly limiting the exit of the minority shareholder, as is the case in Lithuania, or by establishing a general right of exit against limited cash compensation which impedes withdrawal in an indirect way, as is the case in Bulgaria. The article concludes that there is room for significant improvement in both countries when it comes to regulating the exit right of a minority shareholder in a private limited company.

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