Suchergebnisse

The aim of the article is found on the idea of measure as a substrate of criminal-legal influence. The publication proposes to consider the measure as a substrate of external forms of legal influence and criminal-legal measure as a primary element of all external forms of criminal-legal influence (in connection with the commission of a criminal act). The analysis allows us to conclude that the substrate of legal influence is a basic element of socio-legal regulation (which substantively combines a system of techniques and methods of influence used to obtain a positive and socially significant result). It should be understood that a criminal-legal measure is a system of techniques and methods of coercive and rehabilitation-encouraging influence of the state on criminal practices (criminal offenses, objectively illegal acts, abuse of law) and lawful post-criminal behavior, which is carried out by the law, determined by the socio-cultural environment. It is concluded that such ideas of Leonardo Polo as coexistence, the abandonment of mental limit, his thoughts on ethics, knowledge, and law can be applied successfully when the criminal-legal measure is characterized by several features that distinguish it from measures of the legal influence of another industry.

The aim of the article was to conduct a comparative legal analysis of the features and problems of criminal prosecution of legal entities for environmental crimes. The research objectives were fulfilled through modern methods of cognition. The leading practical method was the method of observation. The study allowed to form a conceptual understanding of theoretical ideas about environmental crimes of legal entities in Ukraine. Currently, Ukraine is trying to focus in its legislative innovations on the implementation of progressive approaches to the introduction of a comprehensive institution of criminal law measures regarding the liability of these entities. Relevant legal mechanisms and comments identified in the practice of the European Union and substantiated by scholars, can be implemented in the legislation of Ukraine. Amendments to the rules governing the procedure for effective prevention of environmental crimes by legal entities are proposed. It seems reasonable to introduce an active monitoring analysis of anthropogenic activities of companies, and the creation of special units to identify relevant violations. The mechanisms for implementing the set of preventive and monitoring measures outlined in the article, set the background for further scientific research.

The article aims to study the theoretical and applied aspects of pre-trial research in emergency legal regimes such as: martial law, the state of emergency or the area of joint forces operation in Ukraine. International legal requirements for due process in criminal proceedings during emergency legal regimes are analyzed. It is claimed that the existing experience in Ukraine of normative regulation of criminal proceedings under the conditions of special legal regimes is inefficient, fragmentary, and therefore does not fully correspond to modern ideas about human rights and the democratic and legal state. The perspectives for the application of the jurisprudence of the European Court of Human Rights in criminal proceedings under emergency legal regimes are identified. It was concluded that the investigating authorities carry out all the means to establish the facts of the disappeared persons in the area of Operation of Joint Forces within the framework of the criminal process, which will allow to comply, in theory, with all the requirements for the effectiveness of the investigation. The basis for the formation of legislation on this subject should be the relevant law on missing persons.

The existence of any state is connected with socio-economic and political-legal processes in the world. During the period of global social transformations and major economic and political re-forms, Russia finds itself in a socio-political situation of necessity to protect its interests, includ-ing economic ones. Therefore, the legislator solves the most important task of legal provision of economic security by criminal legal means. This text aims to examine the theoretical foundations of economic security, analyze the current state of the Russian economy with its level of functional security and identify ways to improve security and criminal law provisions. The methodology of this research is a set of methods, techniques and tools of cognition used in research, both theoreti-cal, empirical and applied. The authors concluded that the main threat to the economic security of the country is economic crimes, the fight against which is impossible without criminal legislation. Therefore, the modernization of criminal policy should be carried out by improving legislation and introducing a well-thought-out system of law enforcement, which includes a similar valuation of all subjects of economic relations.

The fight against corruption is one of the priorities of the State policy of the Russian Federation. There are reasons to note that it is advisable to analyze the regional details of law enforcement activities to counter corruption-related crimes through the legal and organizational ways of implementing the state's law enforcement function. In the article the main objective is to analyze criminal law issues related to the fight against systemic corruption in Russia. In the early 90s of the twentieth century, the country replaced communist ideology with market ideology. To fulfill the objective of the study, the dialectical method of cognition of social and legal phenomena and concepts is used in their development and interdependence. He concludes that human values and moral principles have changed. There have been discussions about systemic corruption in Russia for decades. Endless conversations about corruption have become a convenient screen not only for incompetent officials. Popular with the people, the "disembarkation" of high-ranking officials creates a semblance of "movement," although no real action is taken.

The purpose of the article is to study those conceived of the use of the mediation institution in the criminal proceedings of European countries to implement positive experience in Ukrainian law. The theme of the study is the institution of mediation in criminal proceedings. The following scientific methods were used in the research: dialectical, formal and logical, and legal, system and functional, comparative and legal, legal and other modeled methods. We study the concetorities of the regulation and legal of mediation in criminal proceedings in Ukraine, as well as the practice of its implementation, which is more than modest with other European states. Therefore, we draw on the experience of countries such as Germany, Poland, and the United Kingdom. It is concluded that, given the successful functioning of the mediation institution in most countries, we propose to emulate this positive practice and a separate law "On Mediation" in Ukraine. It is established that the main right for the legislative registration of mediation in Ukraine is the lack of information on the existence of such a way of resolving a criminal case.

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

The article is devoted to a topic as topical as the legal transformations in the Ukrainian system under the influence of international law. Therefore, the aim of the article is to discuss the theoretical and practical aspects of the study of the impact of international law on domestic law, as well as to identify the differences and similarities between international law and Ukrainian law in the specific field of criminal and civil law. The methodological basis of the study consisted in the use of the system-structural method, which made it possible to determine the place of international legal norms in the system of national legislation and, also, the comparative method of international and Ukrainian legislation in force. In the main results obtained, it is revealed that the transformation of Ukrainian legislation is carried out mainly under the influence of Western globalization, which implies the transformation of a certain international law. It was concluded that, in the legal sphere of Ukraine, international agreements have been greatly influenced by the transformation of international law through the application of Ukrainian law through a process of legal synthesis.

The article discusses the definition and correlation of the concepts of "conflict" and "competence" and provides various expert opinions on this. In the methodology it is an analytical research based on documentary. In modern scientific literature, the clash of the rules of criminal law is called conflict of laws, using the definitions indicated as identical concepts. However, the authors point to the controversial nature of such an interpretation of those concepts. The causes of conflicts in the rules of Russian law are analyzed. Thereis also a detailed analysis of conflicts in the rules of domestic criminal law and criminal executive law. In the context of the topic studied, the authors refer to the categories of criminal law and criminal executive law as the principles of criminal law. It emphasizes by way of conclusion that the conflicts identified are not an exhaustive list, simply the authors of this work managed to consider only some aspects of the subject, therefore the conclusions and suggestions are not indisputable. In any case, the discussion of these issues is important to achieve coherence in the rules of criminal law and criminal executive law.

The purpose of the research was to consider the essence of the principles of criminal, administrative law and the peculiarities of their application in conditions of war, considering the case of Ukraine invaded by the Russian Federation. It has been substantiated that the main idea of the existence of the principles of administrative criminal law consists in their systematic, balanced and comprehensive implementation in relation to the subjects of criminal and administrative legal relations. The mentioned principles are used as a support for the elaboration and application of the law, both in peacetime and in wartime. The methodological basis of the research was presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. A conclusion has been reached on the necessity of observing human rights norms in the criminal prosecution of persons who have committed crimes against humanity and have been involved in such crimes. Consequently, the civilized world must comply with international standards and ensure security through legal and legitimate means.

Due to the development of the information society, countries face the task of effectively regulating the relevant social relations. The mechanisms of such regulation should correspond to the specifics of such relations. Digitization is one of the modern methods of legal regulation, which is the use of information technology at the state level. The existing scientific achievements on digitalization processes need constant improvement, which corresponds to the specifics of this field. The object of research is digitalization in law in the light of international experience. The article aims to study and analyze digitalization in law in the international legal aspect. The following methods were used during the study: systemic, systemic-functional, comparative, sociological, analysis, synthesis, analogy, observation, classification, and statistical analysis. The article analyzes the phenomenon of digitalization, identifies the main approaches to understanding it. On the example of international experience (such countries as France, Germany, Italy, Georgia, Greece, and Great Britain), the mechanisms of using digitalization in public administration are determined, the legal regulation of informatization is analyzed. Also, based on the study and analysis of doctrinal teachings of international information experience, it is proposed to improve the domestic legal mechanism to ensure the effective functioning of public relations.

The article analyses legislation and scientific work on combating cybercrime based on the use of a set of general and special methods, methodological principles and approaches of legal science. It is concluded that with the introduction of the term "cybercrime" in the criminal law of Ukraine, the use of the term "cybercrime" becomes relevant, which should be understood as a socially dangerous crime in cyberspace, a responsibility that is provided for by the Ukrainian law on criminal responsibility and that is also recognized as a criminal offense by international treaties that regulate the matter. Emphasis is placed on the desirability of making appropriate terminological changes in the Law of Ukraine "On the Basic Principles of Cyber Security" and other regulations, as well as taking other systemic measures at the conceptual and organizational level, to identify the main cybersecurity threats and formulate measures to prevent and investigate them, determine a single body for the operational management of all entities whose task is to ensure the cybersecurity, create a system of technological means of the national cybersecurity system and establish closer international cooperation.

The objective of the study is a comprehensive analysis of the formation of the legal competence of future specialists of non-legal specialties by reviewing the educational programs of the main specialties in the participation of legal disciplines, describing the difficulties faced by students of non-legal specialties in the study of legal disciplines, all of which, allows to identify the methodological characteristics of the teaching of the legal disciplines for the direction of the students. Varied methodological tools were used, including philosophical methods of knowledge (dialectical, metaphysical, synergistic), general scientific and specifically scientific (compilers, comparative). The main results of the work are the definition of the problems of higher education in the formation of educational programs for students of non-legal specialties and the identification of the typical problems faced by students of non-legal specialties in the study of legal disciplines. A set of methodological techniques is proposed in the teaching of legal disciplines for students of non-legal specialties.

Through a documentary methodology the article is devoted to the study of special confiscation as a measure of criminal law, which was introduced in Ukrainian legislation on the path of transformation and reform in the institution of confiscation of property. The study found that the emergence of a special forfeiture was mainly dictated by Ukraine's choice of European integration and the need to fulfil its obligations to bring domestic criminal law into line with European standards and international legal practice in the fight against crime. The article discusses the provisions of criminal law on the regulation of special confiscation as another measure of criminal law and considers the main problematic aspects of this institution in the doctrine of Ukrainian criminal law. The correlation between general confiscation and special confiscation was revealed in the article. It was concluded that these two types of seizures are different in a legal nature. The confiscation of property is a type of additional punishment and, the special confiscation of property is an independent type of other measures of the nature of criminal law.

In today's world the relationship between criminal law and human rights remains complex, both in doctrine and in practice, as evidenced by the various realities and theories around this matter, so it is convenient to reflect on the most viable ways and methods to humanize criminal law and criminal procedure to preserve human dignity. The purpose of the text lies in presenting the editorial of the special edition of Vol. 39, No, 70 of Political Issues. The arguments outlined allow us to conclude that, it would be illusory to suppose, as some jurists think, that the law by itself is sufficient to build a wall of contention in the face of the actions of the arbitrary powers that constitute an obstacle to fundamental rights, it is also necessary the political will of the actors of power to comply with and enforce the law in a human and rational way and, especially, the organized action of a citizenry willing to fight for the exercise of their human rights within the framework of any punitive action.