- Theory of International Law
- Values of European Union law
- Actual Problems of European Law
- Theory of International Law
- Values of European Union law
- Actual Problems of European Law
Research interests: European law, legal regulation of the public administration
Academic coordinator of Jean Monnet projects “Enforcement of European Union Values in Ukraine” (600115-EPP-1-2018-1-UA-EPPJMO-MODULE).
The responsible teacher of Jean Monnet Chair in EU Economic Policies and Civil Society (619878-EPP-1-2020-1-UA-EPPJMO-CHAIR) (2020-2023).
List of publications: Scopus, Publons, Google Scholar
Abstracts of publications:
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. Keywords: social networks, honor, dignity, business reputation, defamation, protection of one’s honor, dignity, and business reputation.
Keywords: social networks, honor, dignity, business reputation, defamation, protection of one’s honor, dignity, and business reputation.
The paper examines the preconditions for the conclusion, significance and consequences of the implementation of the General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement between the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia. Four plans for peace achievement are considered, in which the International Community had consistently sought to resolve the Bosnian conflict in 1992-1995. The process of concluding a unique international document that not only put an end to the bloody interethnic confrontation and established new foundations for relations between the three Balkan countries, but defined the principles of the constitutional order of the state of Bosnia and Herzegovina is examined. The authors analyze the ambiguous scientific and political assessments of the Dayton Agreement, ranging from unequivocal approval to sharp criticism, and the reasons for the success of the Dayton Process, including joining the U.S. negotiation process and ensuring compliance with NATO’s commitment to violators. The risks inherent in the Dayton Agreement in the constitutional order of Bosnia and Herzegovina are also identified.
The problem of the constitutional order of Bosnia and Herzegovina on the basis of the Dayton Agreement is vital for the post-Yugoslav space. Despite the declared principle of equality of citizens, in fact, political human rights in the country directly depend on ethnicity, and public authorities are based on the principle of national representation. The sovereignty and independence of Bosnia and Herzegovina raise a number of issues, given their control by International bodies. An analysis of historical experience convincingly shows that the Dayton Accords can only be seen as a temporary mechanism for resolving the crisis and easing tensions, which has made it possible to achieve peace, end ethnic discord and lay the foundations for a democratic system in Bosnia and Herzegovina.
Recognizing the effectiveness of the Dayton Agreement, the authors argue that some of its provisions do not comply with generally accepted principles of International Law, in particular, in terms of the territorial organization of the state and the formation of public authorities in Bosnia and Herzegovina. This approach does not comply with the principle of equality of human rights, regardless of race, color, sex, language, religion, political or other beliefs, national or social origin, property status, birth or other circumstances. It is also undeniable that the Dayton Accords did not resolve the interethnic conflicts in Bosnia and Herzegovina.
The paper also seeks to identify ways to address the Bosnian crisis in the current situation in Ukraine, given the annexation of Crimea and the protracted military conflict in Donbas, and to determine the admissibility and potential limits of external intervention in military conflicts.
Keywords: Dayton Agreement, Bosnia and Herzegovina, Socialist Federal Republic of Yugoslavia, settlement of international conflicts, internationalization of constitutional government.
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.
Keywords: value-oriented approach, value-based education, legal education, European Union values, tolerance, justice, value-based legal reasoning, competence.
The article considers the attempts at establishing relationships with the Entente states during the periods of the Ukrainian Central Rada and the Ukrainian State. Among the objectives were to receive the world’s recognition of Ukrainian statehood and foreign military assistance in its fight against the Bolsheviks. Ukraine’s foreign policy towards bringing the state closer to the Entente turned out to be active but unsuccessful because of the long-term ban on Ukraine’s establishing of formal contacts with the Entente imposed by the German and Austrian governments, post-World War I territorial disputes with the Entente states, the massive activity of the supporters of the restoration of the Russian Empire, and the attempts of Pavlo Skoropadsky’s opponents to discredit the then Ukrainian government in the eyes of the Entente.
Keywords: Ukrainian State, Hetmanate, Pavlo Skoropadsky, Entente, Quadruple Alliance, international relations, diplomacy
5. Zavhorodnia, V. International Legal Measures Against Information Warfare [Текст] / V. Zavhorodnia, M. Kuntsevych, A. Vasylenko // Advanced Information Systems and Technologies : Proceedings of the V International Scientific Conference, Sumy, May 17-19 2017/ Edited by S.І. Protsenko, V.V. Shendryk. – Sumy : Sumy State University, 2017. – 117-120 pp.
The paper explores possible international legal measures against information warfare and ways of international law application to interstate informational conflicts. The authors attempt to formulate legal definition of informational warfare and identify its essential features. Two types of hostile actions on the criterion of targeting are distinguished as humanitarian and cyber forms of information warfare. The conclusion that the article’s authors draw is that the contemporary international law does not establish an appropriate legal regime to information interstate conflicts. A universal international treaty is needed in order to prevent states from information aggression. The concept of its aims and main provision is also suggested.
Keywords: information warfare, information aggression, cyber-attacks, international legal measures against information warfare.
6. Vladyslava Zavgorodnia, Slavko Anna, Law, Administrative Practice, and Culture of Ukrainian Entrepreneurship // Humanizacia Pracy. Ukraine after the Revolution of Dignity: Work in Process. – 2017. – N 1 (287). – 39-54 pp. Available at: http://www.humanizacja-pracy.pl/witryna/doc/Humanizacja%201%202017.pdf
Ukrainian private entrepreneurs had a significant role in the revolutionary events in 2013-2014. Their underlying motive was the great aim of reducing corruption and building an independent and law-ruled State. They hated Yanukovych’s criminal regime and really wanted to run their business in an honest and legal manner. But now, more than 2 years after the Revolution of Dignity, we note that tax fraud, illegal employment, fictitious contracts are still widespread. Most of the entrepreneurs have to break the law simply to maintain their business.
This article attempts to identify the current trend of Ukrainian entrepreneurs’ position towards the law in the context of far-reaching reform. The main reasons of their inner conflict and illegal behavior are inappropriate values laid down in economy and legislation as well as in public administration practice. The governmental ideology still retains the imprint of Soviet thinking. An anti-crisis strategy is based on the restriction and squeezing as much money out of the business as possible. In doing so, the state does not respect the principle of proportionality. Thus the entrepreneurial activity in compliance with the law is now economically feasible. The effective solution to the problem will be impossible without fundamental changes of the State attitude to the small and medium entrepreneurs.
Keywords: small and medium entrepreneurs, public administration, legal culture, legal values.
7. Zavgorodnaya V. The Reform of Administrative Law in Ukraine: European Integration Aspect // 2nd International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM2015, www.sgemsocial.org , SGEM2015 Conference Proceedings, Aug 26 – Sept 01; Book 2, Vol. 1, 777 – 784 pp.
Ukraine’s aspiration for European integration makes it necessary to bring the national legislation, including administrative, in line with European standards. Over the past two decades it has formed a significant body of legal rules based on these standards and aimed to establish various aspects of public administration. However, a positive regulatory effect on administrative practices was minimal, due to several factors, both legal and non-legal.
Moreover, the main reasons of the revolutionary events in 2013-2014 were total corruption, the lack of public participation in administrative decision-making, the unavailability of judicial protection against administrative arbitrariness.
This article attempts to identify the main trends of Ukrainian Administrative Law reform in the context of integration into the European Administrative Space. The author notified some positive moments in development of legislation and the Administrative Law doctrine in Ukraine. They include the perception (though still only partially) the European Administrative Space principles of good administration, and as a result, the introduction of new concepts and categories. The increased attention to the protection of the rights and interests of private persons involved in the administrative relations and procedures, the implementation of administrative rules and procedures, approved by the European practices are also the key direction of the reform. The practice of the European Court of Human Rights already considered a relevant source of law and invoked by the courts. However, its potential has not yet been fully realized in the current context.
The effective solution to the challenges facing Ukraine’s public administration will be impossible without a comprehensive reassessment of the Administrative Law essence. The system of values, protected by it, still retains the imprint of Soviet legal thinking. Ukrainian public administration needs new legal models based on the right of everyone to good governance.
Keywords: administrative law, European Administrative Space, European integration, the Europeanization of public administration, the right to good governance.
8. Vladyslava Zavgorodnia, European Administrative Space and Its Impact on the National Legal System: a View from Ukraine // Studia z Zakresu Nauk Prawnoustrojowych. Miscellanea. – 2014. – 117-136 pp. Available at: http://yadda.icm.edu.pl/yadda/element/bwmeta1.element.desklight-e369d13b-0917-449a-83ed-878bd763a974;jsessionid=46EFF0BE21740DCB5C6560A8E8F94180.
Nowadays public administration, implementation and improvement of which was previously the exclusive preserve of the national state is largely affected by external factors. For European countries, this effect is primarily associated with the formation of the European Administrative Space (EAS). The article is devoted to investigation of the concept, nature and origins of the EAS. Attention is paid to the study of it’s structural elements, the analysis of EU law fixing the provisions relating to the EAS and its basic principles. The perception of the standards of the EAS that have proven effective in a number of countries is an indispensable condition for European integration and the actual direction of public administration reform. That is why it is necessary to provide the theoretical investigation of the EAS essence and nature, its evolution, expansion, and the impact on the national administrative systems. It is possible to consider the EAS in a narrow sense (in relation to the EU, as an element of non-formalized acquis communautaire) and wider sense (as a result of the internationalization of public administration in Europe). In this sense Ukraine falls under the influence of the EAS.
Reforming the Ukrainian public administration in recent years demonstrates the empirical approach, and European standards are adopted in the non-adapted to domestic conditions form. The reforms transformed predominantly outside of the public administration, but the internal essence remains virtually unchanged. The main obstacles to the Ukraine integration in the EAS are the corruption, the passivity of civil society, the complicated legal regulation and the absence of administrative procedures codification. The main focus of public administration reform should be the perception of the EAS principles.
Keywords: European administrative space, the Europeanization of public administration, the right to good governance, the principles of European administrative law.
