- Universal and regional human rights protection systems
- Law of European Union
- Values of European Union Law
- Comparative Law
She has varied research interests within the field of public administration and has published articles on aspects of the principles of administrative law, international Law and comparative law.
List of publications: Publons, Scopus, Google Scholar
In 2020 conferred the PhD degree in administrative law. PhD topic: “Typology of Administrative Law Regimes”.
PhD in Law (diploma DK № 057318, 24.09.2020; specialty “Administrative law”).
Her scientific interests concentrate around Administrative Law Regimes as Martial Law, Law of Defense, some aspects of International Law (International Criminal law, International Humanitarian Law), Human Rights and Law of European Union.
Also, she is an executor of Jean Monnet educational project “Enforcement of European Union Values in Ukraine” (2018-2021) and academical coordinator of educational and research project “The EU Migration Policy and Law in the Context of Sustainable Development Goals” (2022 – 2025) https://kmeep.law.sumdu.edu.ua/en/eu-migration-policy-and-law-context-su…
Abstracts of resent publications:
- Zavhorodnia, V. M., Slavko, A. S., & Degtyarev, S. I. (2022). Right to replay: Contemporary problems of the media legislation development. International Journal of Media and Information Literacy, 7(2), 639-650. doi:10.13187/ijmil.2022.2.639
The right of reply is one of the “stumbling blocks” in the media market regulation. It is challenging to regulate this issue correctly. The problem lies at the intersection of civil law (as a personal non-property right), human rights (in the context of the right to privacy and family life, as well as freedom of the press and freedom of expression), administrative law (in the aspect of media regulation) and national security. Nonetheless, legal science and practice in different countries offer many solutions and options. This study aims to explore and analyze these options and make conclusions for identifying and protecting the right of reply in the context of global trends and European integration processes. Based on an analysis of scientific publications, international documents, national legislation of selected countries, and judicial practice, the authors conclude on the essence of the right of reply and its relationship to the right to rectification (right of correction). The right of reply is the right that allows any subject to respond to the publication in the mass media of certain information concerning his honor, dignity, business reputation, etc., by posting in the same mass media the response itself, provably and adequately forming a certain point of view on the subject of discussion among the consumers of information content. This right is related to the right to rectification but is different. Jurisprudence in implementing the right of reply is focused on balancing the right to privacy and freedom of expression. The main guidelines for achieving such a balance are formulated in the Case Law of the ECtHR. This practice, combined with the principles and norms enshrined in EU law, should be regarded as a reference point for the systemic development of Ukrainian legislation in this context. A comparison of selected aspects of the legislation on audiovisual services (right of reply) shows that Ukraine’s current legislation must fully comply with the Directive. However, the Draft Law on the media, which is currently being considered by parliament, does not conflict with EU law regarding the right of reply.
- Slavko, A. S., Zavhorodnia, V. M., Degtyarev, S. I., & Zabikh, S. A. (2022). The truth commission as a tool for accessing and disseminating information: Realization of the right to truth in post-conflict societies. International Journal of Media and Information Literacy, 7(1), 233-241. doi:10.13187/ijmil.2022.1.233
An important attribute of present-day society is the ability to make sense of past conflicts and prevent future ones on the basis of such reflections. A central tool in this regard has been the right to truth, realizing which enables the public to not only learn about mass and gross human rights violations and their perpetrators but also seek guarantees that there will be no repeat of such events in the future. Institutionally, the right to truth is realized both via international and domestic legal procedures and through the use of various investigative and quasi-investigative commissions. The latter include truth commissions. The foundational principles underlying the operation of truth commissions were developed by UN specialists, with the basic idea being to establish such commissions in post-conflict societies as independent entities, provide them with access to all relevant documents and victims, and supply them with all necessary financial and operational support. To gain an insight into models for the formation and operation of truth commissions, an analysis was conducted of the activity of the Study Commission for Working Through the History and the Consequences of the SED Dictatorship in Germany, the Yugoslav Truth and Reconciliation Commission (both representing Europe), the South African Truth and Reconciliation Commission (Africa), and the Truth Commission for El Salvador (Latin America). The conclusion drawn from the study is that each of these commissions has been criticized for inefficient activity, despite differences in the fulfillment of their recommendations. Truth commissions formed of local specialists tend to enjoy a higher level of support from the public. The realization of the commissions’ recommendations tends to depend on there being political will and to be possible only under pressure from the international community and a state’s civil society
- Zavhorodnia, V., Slavko, A., Shvaher, O., Kamionka, M., Cojocari, I., & Polyakova, L. (2022). Artificial intelligence in the judiciary: Challenges and tools for achieving sustainable development goals. International Journal of Global Environmental Issues, 21(2-4), 322-342. doi:10.1504/ijgenvi.2022.126199
Innovative technologies based on artificial intelligence (AI) are rapidly invading various areas of our lives. Legal practice and litigation are no exception. The use of AI in the judiciary carries several risks but can be an essential tool in achieving sustainable development goals. AI systems can facilitate the monotonous work of lawyers in the study of precedents, bills, and regulations. Nevertheless, AI can significantly contribute to resource savings, the rule of law, fair justice, ensuring equality, and non-discrimination. The authors explore modern approaches to the definition of AI suitable for use in legislation, ways to use AI in legal practice, their potential in sustainable development and associated risks, experience gained by national practices of states and international organisations in this field. The conditions and principles of using AI in the judiciary, which will contribute to sustainable development goals, have been determined.
- Zavhorodnia, V. M., Slavko, A. S., Degtyarev, S. I., & Polyakova, L. G. (2021). The use of practice-based assessments in preparing humanities and social sciences specialists: The case of sumy state university (ukraine). European Journal of Contemporary Education, 10(3), 768-782. doi:10.13187/ejced.2021.3.768
This paper explores the potential for using practice-based assessments in higher education in preparing humanities and social sciences specialists. The authors tested a set of innovative methodologies for practice-based summative assessment of the progress made in learning certain disciplines by students majoring in Law, International Law, and History and Archaeology at Sumy State University (Ukraine). To assess the effectiveness of practice-based assessments, the authors employed anonymous surveying, tested students’ level of mastery of key theoretical concepts, and carried out a comparative analysis of the performance of students who took part in practice-based assessments and those who took exams in a traditional way. The conducted pedagogical experiment indicates the advisability of employing practice-based assessments as part of teaching humanities and social sciences disciplines. It revealed a significant increase in the level of preparation of students on subjects summative assessment around which was based on practical assignments. Having students train their practical skills can help them assimilate theoretical knowledge better and for a longer time and become more confident in their preparedness for their future profession. Practice-based assessments can also serve as a yardstick for gauging the effectiveness of instructors’ teaching methods and stimulate the quest for new ways of teaching and learning that can help meet the needs of the labor market and the interests of students pursuing a higher education as much as possible
5. Anna S. Slavko, Vladyslava M. Zavhorodnia, Shevchenko A. Natal’ya. Protection of One’s Honor, Dignity, and Business Reputation on Social Networks: Issues and Ways to Resolve Them. International Journal of Media and Information Literacy. 2020. 5 (2). P. 205-216 DOI: 10.13187/ijmil.2020.2.205
Over the last decade, social networks have become an indispensable part of societal life. Today, they are used not only for engaging in interpersonal communication but also for developing a personal image or business reputation, creating or promoting a brand, building professional or business relations, conducting commerce, or obtaining the latest information about what is going on around the world. The findings from an analysis of relevant legislation, case law, and user agreements indicate the unique legal nature of social networks. Based on their analysis of social networks’ key functions, the authors prove that in many areas social networks have acquired the role of mass media, as they are capable now of delivering the latest news or any other information to the user factoring in their individual tastes and information needs. Given the significant role played by social networks in informing people in today’s society, coupled with their key characteristics such as horizontal dissemination of information, lack of preliminary moderation of user comments, and availability of two-way communication, compromising people’s honor, dignity, and business reputation on social networks can have quite serious implications for them in various spheres of social life. With that said, it appears to be quite difficult, for now, to counter this kind of attacks, both technically and legally. The paper provides an analysis of key issues that can arise as part of efforts to counter defamation on social networks (e.g., difficulty of establishing the identity of a respondent, difficulty of proving malice, or having to factor in the special nature of communication on social networks) and ones to develop legal solutions and ways to overcome such issues.
6. Anna S. Slavko, Vladyslava M. Zavhorodnia, Sergey I. Degtyarev, Lybov G. Polyakova Implementing a Value-Oriented Approach to Training Law Students. European Journal of Contemporary Education. 2019. 8(3). Р. 677 – 691 DOI: 10.13187/ejced.2019.3.677
This paper explores the potential for implementing a value-oriented approach in legal education. The authors share their findings from a pedagogical study conducted at Sumy State University, which was designed to test a set of learning methodologies aimed at cultivating in law students a set of skills of critical, value-oriented thinking and legal reasoning, with a focus on the ability to weigh values and balance interests. In addition, there was an objective to assess the effect of these methodologies on the development of a set of personal value-based guideposts for students that are crucial to the successful effectuation of the actual mission of the legal profession. Among the most efficient methods for achieving the above objectives were case study analysis and business simulation games (mock legal debates), as well as value-based analysis of regulatory and administrative documents. The authors draw the conclusion that the use of a value-oriented approach in modeling particular legal cases can be effective for fostering a lawyer’s ethical culture, help facilitate boosts in the significance of key values in legal practice, and help develop proper ethical mindsets, while also helping one acquire relevant knowledge, with a focus on cultivating appropriate professional competencies.
7. Славко А.С. Правовий режим утримання осіб у місцях несвободи: виклики пандемії. Юридичний науковий електронний журнал. 2021. № 2. С. 306-309 (Legal Regime in Places of Detention: the Challenges of Pandemic, in Ukrainian)
The article deals with changes in the legal regime in places of detention in view of the pandemic. In particular, the author examines the international legal guarantees of the rights of persons in places of detention. The article states that the right to medical care for persons in places of detention is guaranteed by the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention for the Protection of Human Rights and Fundamental Freedoms, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the case law of the European Court of Human Rights and the standards of the European Committee for the Prevention of Torture. The author then analyzes the content of the right to medical care for persons in places of detention. In particular, prisoners should undergo periodic medical examinations. Medical services in places of detention must keep individual medical records of each prisoner and make records of the prisoner’s illness and treatment. Ignoring a prisoner’s chronic illness, not keeping proper records of his or her treatment, and failing to provide medical care to a prisoner in the event of injury or illness constitute a violation of the State’s positive obligation to prevent torture, inhuman or degrading treatment or punishment. There are more than 50 000 people in prisons in Ukraine. Tens of thousands of people are in other places of detention. In a pandemic, places of detention become particularly dangerous. Overcrowding, lack of access to fresh air, poor hygiene, and inadequate medical care lead to the spread of the disease in places of detention. Analysis of the statements of the United Nations Subcommittee against Torture and the European Committee for the Prevention of Torture has allowed author to formulate several legal (using of fines instead of imprisonment or home arrest instead of detention) and organizational recommendations (improving hygiene, providing prisoners with personal protective equipment, etc.) to help curb the spread of pandemic in places of detention.
8. Славко А.С., Андросова О.О. Міжнародні стандарти поводження з особами, які мають розлади психіки та поведінки. Альманах міжнародного права, 2020. № 23. С. 141-150 (International standards for the treatment of persons with mental and behavioral disorders, in Ukrainian)
Proper protection of the rights of persons with mental and behavioral disorders is one of the hallmarks of a civilized society. In addition, the number of people suffering from mental and behavioral disorders has increased significantly due to pandemics and quarantine measures. However, such individuals are still stigmatized by a number of stereotypes about people with mental and behavioral disorders. This article aims to define standards for the treatment of persons with behavioral or mental disorders at the universal, regional and national levels. In particular, the article identifies which disorders are mental and behavioral disorders. In addition, there are a number of general acts aimed to protect human rights. Universal recommendatory acts on the protection of the rights of persons with mental and behavioral disorders are analyzed. The main European acts concerning the rights of persons with behavioral and mental disorders are indicated. An analysis of the decisions of the European Court of Human Rights on European standards of treatment of persons with mental or behavioral disorders is made. The main national acts on the protection of the rights of persons with mental or behavioral disorders have been identified. It is concluded that the vast majority of special acts determine the right to privacy, the right to inclusion and the right to make independent decisions about the need for treatment for persons with mental and behavioral disorders. Also, these acts establish a rule on the use of involuntary hospitalization only as a last resort. It is concluded that, in general, national legislation meets international standards, but the practice of its implementation requires some adjustments aimed at deeper inclusion of persons with mental and behavioral disorders.
9. Славко А.С., Рєпін Д.А. Механізм реалізації та захисту права на забуття. Юридичний науковий електронний журнал. 2020. № 8. С. 522-525 (Mechanism of Realization and Protection of the Right to be Forgotten, in Ukrainian)
The article focused on the analysis of the mechanism of the right “to be forgotten” realization and problems which arise during such realization. It is pointed out that the rapid development of information networks has led to the fact that a large amount of information is published daily. Some of this information is untrue, outdated, and some directly violates a person’s right to respect for his or her private life. To remedy this problem, the concept of the “right to be forgotten” has been developed, which is part of the right to respect for private life. The legislation of the European Union is analyzed, in particular the provisions of Regulation 2016/679 on the context of the right to be forgotten. The mentioned Regulations are compared with the national legislation (Law of Ukraine “On Personal Data Protection”). An analysis of law enforcement practices, in particular the cases of Google Spain SL, Google Inc. v. Spanish Data Protection Agency, Mario Costeja González and Volker und Markus Schecke GbR and Hartmut Eifert v. Land Hessen, before the Court of Justice of the European Union and Egill Einarsson v Iceland, before the European Court of Human Rights, is made. A study was conducted to balance the right to be forgotten and the right to access information and the right to freedom of expression. Conclusions are made on potential problems of realization of the right to be forgotten. In particular, the latter include the anonymity of many sites on the Internet, which means that a person about whom outdated or compromising information is posted cannot find a recipient to contact to remove this information. Another important issue is that there are a lot of search engines. Accordingly, in order for potentially unwanted personal information not to appear in search results, it is needed to refer to each of them, which requires significant time and resources. Of course, it remains impossible to control the storage and distribution of information by private users – even if information about a person from a particular site has been deleted or no longer appears in search results, this does not mean that such information is not stored on private users’ devices. It is concluded that the right to be forgotten is a relatively new concept caused by scientific and technological progress and the challenges that arise in this area require legislative regulation.
10. Anna S. Slavko. European Values in Education (Pluralism, Equality, and Non-Discrimination). Zhurnal grazhdanskogo i ugolovnogo prava, 2020. 7(1): 11-19., DOI: 10.13187/zngup.2020.1.11
Successful economic and political integration into the Europe is impossible without intellectual and cultural integration, without the perception of European values by the majority of the population. Mostly the perception of values is related to the processes of knowledge acquisition and ideology formation, which are usually part of the educational process. That is why teaching in school and universities should be closely linked to the perception of values. The basic European values in education are pluralism, equality and non-discrimination. These values are enshrined in both the law of the Council of Europe and the law of the European Union. However, law enforcement practices within both organizations show that these values are also the most frequently attacked. In particular, in the cases of Janowski v. Poland, İzzettin Doğan and others v. Turkey ECHR has stressed the importance of pluralism as a marker of a democratic society. The applicants in cases of Folgerø аnd Others v. Norway, Hasan аnd Eylem Zengin v. Turkey, Leyla Şahin v. Turkey, Lautsi and others v. Italy complained of encroachment on pluralism in educational institutions. To the importance of equality and non-discrimination in education ECHR was addressed in the cases of Kjeldsen, Busk Madsen and Pedersen v. Denmark, D.H. and others v. the Czech Republic, Oršuš and others v. Croatia, Ponomaryovi v. Bulgaria, Altinay v. Turkey and others. In Ukraine, both pluralism and equality and non-discrimination are formally determined as the principles of the educational process. However, the analysis of the law enforcement practice shows that in reality the situation is not so comforting. Improvement of the situation is possible because of amendments to the legislation and adjustment of the behavior of educational process participants.
11. Славко А.С., Василенко В.О. Доступність правосуддя як складова права на справедливий суд. Журнал східноєвропейського права. 2019. № 69. С. 2016-212. (Accessibility of Justice as an Element of the Right to a Fair Trial, in Ukrainian)
The article deals with approaches to understanding the concepts of “access to justice” and “accessibility of justice” in the context of the case law of the European Court of Human Rights and Ukrainian courts, acts of international and national law, papers of domestic and foreign legal scholars. The study’s author believes that access to justice is an important element of the right to a fair trial and the right to an effective remedy. The study’s author points to the lack of a legislative definition of the concept of “accessibility of justice” and “access to justice” in both national and international law. However, this concept is widely used in international and national legislation. The author cites the views of a number of legal scholars on the content of the concepts of «accessibility of justice» and «access to justice». In particular, elements of access to justice are: a fair and public hearing before an independent and impartial tribunal; legal aid; the right to be advised, defended and represented; the right to an effective remedy. Ukrainian scientists’ positions on the elements of the concept of “accessibility of justice” and “access to justice” differ from those of foreign scientists. In particular, they indicate that accessibility of justice includes: 1) convenient location of the courts; 2) a sufficient number of judges; 3) the closeness of the court to the population of some geographic area. As conclusion some recommendations have been made to increase the access to justice level in Ukraine.
The legal regime of detention in places of detention is discovered in the article. First of all, the authors determine the places of detention characteristics and list of the institutions, which are the places of detention in Ukraine. It was determined that the places of detention are leaded by 10 executive bodies, including the Ministry of Justice, the Ministry of Education, the Ministry of Health, the Ministry of Internal Affairs, etc. An attempt to systematize the Standards for the detention of prisoners provided by the Committee for the Prevention of Torture was made in the article. The authors emphasize the importance of having proper sanitation and hygiene conditions for prisoners. Also the norms of Ukrainian legislation concerning the regime in places of detention were analyzed. In addition, an analysis of the decisions of the national courts and the European Court of Human Rights regarding the imprisonment in Ukraine was conducted. It was pointed out that there were some problems in the functioning of the places of detention (inadequate lighting and temperature conditions, insufficient food, lack of running water in the rooms, etc.). At the end, conclusions on possible ways to remedy the situation are drawn.
13. Славко А.С., Башкирова В. Принципи справедливої та індивідуальної кримінальної відповідальності у практиці Міжнародного кримінального суду. Юридичний науковий електронний журнал. 2017. № 6 С. 399-402. (Principle “ne bis in idem” and principle of individual criminal liability in the practice of International Criminal Court, in Ukrainian)
The principles of criminal liability under international law are analyzed in the article. It is indicated that a system of principles is formed in the international criminal law. The most important of abovementioned principles are the principle of individual criminal liability and the principle of just criminal liability (so-called “ne bis in idem” principle). According to the Rome Statute, the principle of individuaI criminal liability means that a person who commits a crime within the Jurisdiction of the International Criminal Court shall be individually responsible and liable for punishment (for example, references to this principle are made in Case of the Prosecutor v. Ahmad Al Faqi Al Mahdi) The principle “ne bis in idem” is defined as: no person shall be tried before the International Criminal Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court. No person shall be tried by another court for a crime for which that person has already been convicted or acquitted by the Court (tor example, in Case of the Prosecutor v. Germain Katanga).
It has been determined in the article that the International Criminal Court actively reters to the both abovementioned principles in its own decisions. It is concluded that the ratification of the Rome Statute of the International Criminal Court, the reference to which is contained in the Constitution of Ukraine and the Assosiation Agreement between Ukraine and the European Union, opens the prospect of further scientific research in this area.
14. Славко А.С., Даценко І. Поняття та зміст права на приватність у співвідношенні із особистим та сімейним життям особи. Журнал східноєвропейського права. 2018. № 48. С. 92-97. (Definition and Content of Privacy Right Against Private and Family Life of an Individual, in Ukrainian)
The article is devoted to the consideration of issues in the field of private life of a person, international legal regulation of fundamental rights, defining, guaranteed and protected by the state. Considering the position of the European Court of Human Rights, the article provides a modern understanding of the concept of “private life” as a legal category. The article deals with the basic judgments of the European Court of Human Rights, which recognize violations in the field of interference with private life, the structural elements of “private life” within the framework of the abovementioned decisions are considered. Also, the article defines the main components of “personal” life, the positions of which the ECHR approaches to the definition of such concepts as “housing”, “correspondence”, “family relationship”. The article analyzes the main components of the «private» sphere of a person, which foresaw such aspects of a person’s life as sexual relations, physical integrity, sexual self-identification. The article focuses on cases of violation of Article 8 of the Convention on the protection of human rights and fundamental freedoms in the form of unlawful interference with the private life of a person on the part of the state. From the study it is seen that the concepts of “family life” and “personal life” are considered as a manifestation of private life.
Other publications:
1. Legal Regime of the Occupied Territory: the International Legal Aspect
International and regional standards of occupied territory legal regime are described in the article. Private property, social protection and human rights as values of society are discovered. Practice of European Court of Human Rights on occupied territories is analysed.
2. Restrictions on the Rights and Freedoms of Man and Citizen Under the Conditions of the Martial Law Regime: Ukrainian Legislation in the Context of European Standards
Rule of law and human rights as main values of society are described in the article. European standards of rights and freedoms restriction according to practice of European Court of Human Rights are discovered. Conclusions about need to make changes in Ukrainian legislation on legal regimes are made.
3. Features of Regulation of Banking Relations Under the Conditions of the Regime of Occupied Territory and the Regime of Anti-terrorist Operation
The article discovers characteristics of banking regulation under legal regimes of occupied territory or counterterrorist operation. On the basis of legislation and law enforcement practice analyses the author concludes that the occupation of the territory and the counterterrorist operation entail the impossibility of banking on this territory, but not termination of credit/deposit agreements.
4. Limitations of Rights and Freedoms of Citizen by Martial Law: Comparative Aspect
The foreign experience of martial law regulation is analyzed in the article. The author tries to identify the reason of martial law declaring on the ground of the foreign legislation and judicial practice. Also is paid attention to the potential restriction of rights and freedoms by martial law.
5. Jurisdiction of the International Criminal Court
The author analyzes the main issues of prosecution within the framework of the International Criminal Court. Particular attention is paid to the substantive, subjective and time criteria for recognition of the jurisdiction of the International Criminal Court.
6. Principles of International Criminal Law in International Criminal Court’s Activity
The author analyzes the basic principles of international criminal law through the practice of the International Criminal Court. Particular attention is paid to the principles of fair criminal liability, valid criminal liability, and presumption of innocence.
7. Some Legal Aspects of Realization of Principle of Individual Criminal Responsibility in International Criminal Law
Some legal aspects of realization of principle of individual criminal responsibility in international criminal law are discovered in the article
8. The Legal Regime of Holding Peaceful Assembly in the Context of European Standards
The issue of right of peaceful assemblies as basis of democracy is discovered in the article. The European legal standards of the peaceful assembly’s holding are described. The practice of ECHR and Ukrainian legislation around peaceful assembly is analyzed.
9. Principles of EU Law in the Context of Ukrainian Legislation on Legal Regimes
Enforcement of Ukrainian legislation on legal regimes is described in the article. Attention to the potential restrictions of human rights in legal regime of martial law is paid. The fundamental character of human rights guarantees is underlined. The conclusions about issues of proportionality principle in law of EU are made.
10. Law, Administrative Practice, and Culture of Ukrainian Entrepreneurship (co-authored with Vladyslava Zavhorodnia)
The article attempts to identify the current trend of Ukrainian entrepreneurs’ position towards the law in the context of far-reaching reform. Authors conclude that main reasons of the inner conflict and entrepreneurs’ illegal behavior are inappropriate values laid down in economy and legislation as well as in public administration practice.
