Suchergebnisse

The purpose of the article is to find the best ways to resolve conflicts in the criminal law of Ukraine. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of research. The main one is general dialectical method of scientific knowledge of real legal phenomena. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law, modeling. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of the legal literature, there is the following list of effective ways to resolve and prevent conflicts in law, which can be extrapolated to the field of criminal law: 1) unification of law; 2) harmonization of law; 3) approximation of law; 4) clear delineation of powers of public authorities; 5) monitoring of normative legal acts; 6) creation of model laws; 7) interpretation of law; 8) improvement of legislation. Conclusions. As a result of the study, it is proposed to apply different principles to overcome conflicts depending on their type (in particular, "a special law repeals a general law", "a later law cancels an earlier one", "the next general law does not cancel an earlier special law of similar legal force"). Types of "conflict rules" in the sources of criminal law are presented primarily depending on the specific type of such sources. Modern legislation, including criminal, contains virtually no rules aimed at overcoming intersectoral conflicts, but conflicts of law in various areas of Ukrainian law create significant problems in law enforcement.

The Article 1 of the Constitution of Ukraine regulates: Ukraine is a sovereign and independent, democratic, social, legal state. One of the destabilizing factors in building the rule of law is the commission of criminal offenses by organized criminal groups. Due to the changes in the criminal legislation during the last two years, the criminal law norms have undergone significant changes, which directly or indirectly affect the qualification of criminal offenses committed by organized criminal groups. Given the changes in criminal law, the qualification of criminal offenses committed by organized criminal groups requires uniform systemic approaches, primarily at the level of judicial law enforcement practice. The formation of the Ukrainian legal doctrine on the qualification of criminal offenses committed by organized criminal groups is one of the significant auxiliary guidelines in the formation of such law enforcement practice. To achieve this goal and the defined objectives, the following methods were applied in the study: logical and normative – for the analysis of criminal law on the qualification of criminal offenses committed by organized criminal groups; system analysis – when considering judicial law enforcement practice (first of all, the Supreme Court and the Supreme Court of Ukraine) of the qualification of criminal offenses committed by organized criminal groups. The legislation strengthens criminal liability for criminal offenses by organized criminal groups, in particular, as evidenced by the amendments to the Criminal Code under the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community" dated by the 4th of June 2020. Before the formation of new approaches to the doctrine of criminal law and law enforcement judicial practice on the qualification of criminal offenses (crimes), a specific part of which is provided by h.ch. 1-5 art. 255 of the Criminal Code, the indirect reference is the provision of the resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 №12 "On the practice of consideration by courts of criminal cases on crimes committed by stable criminal groups." Keywords: criminal offenses, criminal community, criminal organization, organized group, creation of a criminal community, leadership of a criminal community, organized criminal groups.

The purpose of the article is to determine the forms of implementation of the principles of criminal law in the acts of criminal law. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of the research. The general dialectical method of scientific knowledge of real legal phenomena is viewed as the main one among other methodological tools. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law and modelling methods. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of law enforcement acts, criminal law principles have their reflection and content in the acts of application and implementation of criminal law. Each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. Acts of implementation of the rules of criminal law are "manifestations" of the actual behaviour of the subjects of criminal law. Conclusions. According to the results of the study, each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. These are the acts of application of criminal law that embody the greatest number of principles of criminal law mainly due to the reflection of the latter in the documents drawn up by law enforcement agencies (indictments, petitions for coercive measures of medical or educational nature, convictions, rulings, etc.). Keywords: principles of criminal law; acts of implementation of criminal law; acts of application of criminal law.

The article examines the content and nature of such established standard of fair justice as impartiality of the court. The latter is widely interpreted in case law of the European Court of Human Rights. Based on a systematic analysis of the array of ECHR judgments, a number of significant positions, characterizing the standard of impartiality of the court, have been identified. These include: 1) impartiality of the court is in dichotomous interrelation with the category of "partiality"; 2) the impartiality of the court is assessed by two criteria: (a) subjective, which is in a plane of the judge's personality and beliefs; (b) objective, which is in a plane of existing safeguards and mechanisms to be used by the court to avoid reasonable doubt about partiality and accusations of being partial; 3) determining influence of the external manifestation of impartiality of the court; 4) expedient reasonability of doubts about impartiality; 5) diversity and unlimited range of situations that may cast doubt on the impartiality of the court. Given that the ECHR assesses impartiality of a national court on the basis of subjective and objective criteria, it has been given special attention and the specifics of its application have been determined. In the process of analysis, it has been concluded that emergence of such criteria is due to the complex ethical and legal nature of the studied standard. It is substantiated that the standard of impartiality of the court has its roots in the moral basis of the judicial profession, which has evolved and transformed into a system of rules of professional conduct and legislation targeted at achieving the objectives of justice and realization of the right to a fair trial. The ethical nature of the impartiality of the court determines assessment of compliance with this standard on a subjective basis. At the same time, its legal nature, which covers the institutional and procedural components, promotes development of the relevant guarantees in the national law, existence of which is a criterion for assessing impartiality of the court by an objective criterion. In the context of the latter thesis, the special importance of the institution of recusal of a judge as a procedural guarantee of the impartiality of the court is emphasized. It is argued that in national civil, commercial and administrative proceedings, as well as the rules and procedures for disqualifying a judge need to be improved in the direction of implementing the postulate "no one can be a judge in his own case." Keywords: impartiality of the court, independence of the court, fair justice, right to a fair trial, criteria for assessing the impartiality of the court, standards of justice

In the article, the author explores relevant issues of the formation and development of the Ukrainian criminal process over the 30 years of existence of the state of Ukraine since the proclamation of its independence. The main stages of the development of the criminal procedure are highlighted and analysed in detail, namely: the stage of its formation since Ukraine's independence proclamation in 1990-1991; the stage of development of the criminal procedure after Ukraine's accession to the Council of Europe and the adoption of the new Constitution of 1996; the stage of the criminal procedure development after the adoption of the new Criminal Procedure Code (CrPC) of Ukraine in 2012. The novelties of the CrPC of 2012 are comprehensively analysed. Firstly, the Code incorporated the relevant key provisions of the Constitution of Ukraine and international legal acts on human rights and justice. Secondly, it settled a number of issues that were important for criminal proceedings but were either unregulated or partially regulated by other laws or regulations. The article provides an analysis of the principle of access to justice enshrined in the CrPC of 2012, which provides for the right of participants in criminal proceedings who have a vested interest in the results of these proceedings (suspect, accused, victim), not only to obtain a fair trial but also to use broad procedural rights and to take an active part in criminal proceedings both during the pre-trial investigation and during the trial, contributing to the comprehensive, complete, and impartial establishment of the circumstances of the criminal proceedings and the adoption of a fair trial. The author also touches on the amendments to the CrPC of 2012, which are related to the military aggression of the Russian Federation against Ukraine and the impossibility of pre-trial investigation and trial in the areas of the anti-terrorist operation, as well as those related to the implementation of the UN Convention against Corruption, aimed at strengthening the fight against corruption crimes.

The article analyzes the problems of evaluation of evidence by the investigating judge in terms of their relevance, admissibility, reliability, and the totality of the evidence collected - in terms of sufficiency and interconnection when considering motions for the application of measures to ensure criminal proceedings. The leading scientific positions and practices of judges on this issue are analyzed. It is established that the problem of evidence assessment by the investigating judge when considering motions for the application of measures to ensure criminal proceedings requires both amendments to the existing norms of the Criminal Procedure Code of Ukraine and the adoption of new norms aimed at improving the regulation of certain aspects of the organizational component of the criminal process (determining the procedure for applying measures to ensure criminal proceedings). It is proposed that specific issues be resolved at the level of the Plenum of the Supreme Court by adopting clarifications of a recommendatory nature.

The article considers the participation of criminals in the Russian-Ukrainian hybrid war. The publications of Western and national scientists are analyzed according to the problem chosen by the author. The lack of theoretical and empirical sociological studies on the involvement of criminality in the hybrid war is emphasized. It describes the empirical basis of the article, which presented the results of the author's research conducted with the help of such methods as observation, informal interview and document analysis. The characteristics of domestic criminality are given, particularly in such forms as traditional unorganized criminality (persons committing any general and professional crimes), group criminality (group crime, including crimes committed by quasi-groups - unstable social groups), organized criminality (activities of organized crime groups, criminal organizations). The criminal potential of the Donbass as a resource of hybrid war is considered. The ways of involving criminality in participating in hybrid war are analyzed, in particular such ways as: recruiting through material incentives, recruiting through "mobilization", engaging by choosing between two alternatives: imprisonment or participation in war, etc. The involvement of criminality in war and on its own initiative is considered. Particular attention is paid to the influence of Russian intelligence services on organized crime, in particular, the «thieves in law» with a view to their involvement in the hybrid war. It emphasizes the fact that most penitentiary institutions in the region remained in the temporarily occupied territories whose prisoners are the potential human resource of the hybrid war. The forms of participation of criminals in hybrid war are analyzed: participation in mass anti-government actions to destabilize the situation in the country, in combat actions, sabotage, terrorist attacks, etc. The role of criminality in worsening the criminogenic situation in Ukrainian society in the conditions of hybrid war is noted. The testimony of participants in events on both sides of the conflict regarding the involvement of criminality in the hybrid war is presented. The features of the fight against criminality in temporarily occupied territories are revealed in the conditions of transition from managed chaos to conditional social order.

Any branch of law, private or public, has a system of sources of law, which is somewhat standard. This system became "set in stone" for many law systems around the world, starting with Constituion, legal acts of goverment and ending with brief overview of legal traditions in some branches of law. However, this system completely forgets about legal doctrine. But after legislation took over, legal doctrine lost meaning which it had before and was cast aside into shadow of legislation and basic system of sources of law. Furthermore, legal doctrine was an instrument which provided unity for any law system. The idea in its core is simple – greatest and most known legal works of different authors became rulebooks for diffenret branches of law, which were used not only for education, but as a source of law to resolve dispute, when there was missing link in legislation and when judge cannot settle dispute using law of state. This is the case, when doctrine was used as a source of law and a source for regulation. Same can be said about legal doctrine, as core for any law, passed by a parliament. In ideal case, scientists and authors of legal dontrine works should consult lawmakers regarding theoretical and doctrinal basis of any decision or action they are planning to take. So, any legal action will have strong core in it and won't be decided only on experience and opinions of lawmakers, but also with strong theoretical background for such decision. In conclusion, we think that legal doctrine requires further analysis and this topic is very important for legal studies in Ukraine. Core of legal doctrinal works becomes bigger and bigger with increasing number of scholars in this sector of science. From the nature of legal doctrine, it is clear that it can provide better understanding of law and improve connection between scientists and lawmakers. Keywords: source of law, Constitution, natural law, legal system, concept of legal doctrine, system of sources of law.

The article examines the peculiarities of law and legal security in modern Ukrainian realities. It is determined that law is a mechanism which, through the application of legal norms of which it is a part, should ensure the effective functioning of democracy and democracy in the state and the functioning and further development of the social system. It is established that the Ukrainian legal system is undergoing a reconstruction phase, in which administrative and legal mechanisms are being transformed into mechanisms of self-regulation and self-organisation. The author establishes that essential factors of law stability are correct definition and certainty of each element, completeness and absence of contradictions. It is established that the basis of the concept of legal security is the conditions, sources, methods and mechanisms of negative impact (falsification of legal provisions, conflicts of provisions, legal gaps, inadequate implementation procedures, neglect of the effect of provisions, substitution of concepts, corruption, etc. The author determines that legal security is a component of national security. Its content consists of the implementation of national interests in all areas of national security, protection of national interests in the security sector, as well as legal regulation of legal relations and legal protection of the creation of state and non-state institutions with the necessary and sufficient conditions for the effective functioning of law and legal order as a crucial regulator of social relations. It is noted that legal security is one of the constant needs caused by the natural conditions of life of a person, society and mankind. It should also be considered a universal human value designed to ensure a person's existence as a public good. The author identifies the factors that significantly impact the institutionalisation process of an individual's legal security.

The system of law enforcement bodies of Ukraine, which is a part of the executive power, by its organization and activities does not fully match the socio–political, economic and criminogenic situation in the country. The need for reform of the law enforcement system in accordance with social needs and opportunities was stressed back in the first years of independence of Ukraine and it was widely declared. Since the developed concepts of reform have not been implemented, the subject of the article is still relevant. The aim of the research is to analyze the efficiency of the processes associated with innovative strategic management during the reform of the law enforcement system of the state; to explore the main aspects and factors of reformatting, as well as the dynamics of future changes in the law enforcement structures. To achieve the goal, we applied a set of methods: comparative, structural analysis, synthesis, induction and deduction. The paper considers the process of creating the structure of the local police, which should be organized and financed by the local communities. We evaluated innovations in the personnel policy of the department: independence and transparency of the contest mechanism of filling in vacant posts (including leadership) in the police force. The paper studies the legal framework of the deployment of activities of the EU Advisory mission, which will help implement the European experience in the field of strategic management of the law enforcement system. The scientific novelty of the article is in the study of the features of the innovative strategic management of the law enforcement activities in the period of radical reform of the society. The planned reforms were developed taking into account international, including European, standards of the police activity. The practical significance of the obtained results is in a comprehensive study of the mechanism of gradual reformatting of "almighty" punitive state authority (the militia) into a new police structure that will provide services of the protection of public order to the society. Further research is advisable to focus on finding innovative ways to solve the problems of the reform of the law enforcement sphere of Ukraine.

The article is based on the existing law doctrine of division of law into private and public. The author analyses the influence of the doctrine on the relationships that arise in the financial services markets. The author takes into account the results of researches conducted by domestic and foreign scholars, which were carried out in the field of law and economics. The author uses general scientific and special methods as those that form the basis of the work. The research substantiates that objectively the doctrine dividing law into private and public does not exist. Doctrine is the product of a sociocultural interpretation of the researcher's thinking process. At the same time, the doctrine is naturally refers to the structure of the financial market. The author analyses the internal mechanism of circulation of cash flows and settlements in the global financial market. This analysis is the empirical basis for the research and subsequent theoretical understanding. The author proves that the concept of separation of rights into private and public law is not a universal concept that is inherent in all countries. The doctrine is fundamental only in the countries with Romano-Germanic legal system. The idea of dividing law into private and public was not reflected at the doctrine level in the countries with Anglo-Saxon legal system. The problem of the substitution of concepts was enrooted directly in the very doctrine of law, which existed in Soviet times. It was connected with the absence of the concept of "private law" in the Soviet legal thinking. The idea of social justice changes beyond recognition in the direction of public law. The author focuses on the issue of how to ensure the sustainable development of the financial system and its main institutions (structures) using the theoretical concept of dividing law into private and public. The author emphasizes the need to take into account the diversity of legal understanding of the financial market as a social phenomenon. The research methodology should be as appropriate as possible to the research object. The idea of social justice should act as a regulator of mutual relations between members of society. Practical activity in the financial markets in the modern world tends to converge. Public law assumes the fulfilment of a social function. Therefore, the author comes to the conclusion that law is a means of reaching a compromise between members of society, provided that individual freedom is preserved and there is no need to oppose private law to public law. The author proves that European political and legal standards are built on such postulates, particularly concerning the field of calculations. Keywords: financial system, financial services markets, settlement relations, the doctrine of separation of rights into private and public.

The purpose of this paper is to determine the ways of synchronization of applicable law with forum in succession and matrimonial property matters under the EU Succession Regulation and the EU Matrimonial Property Regulation and the rules which may determine international jurisdiction and applicable law in Ukraine as well as answer the question on whether the rules of the Law of Ukraine on Private International Law which ensure synchronization of applicable law with forum in succession and matrimonial property matters match the needs of legal regulation of private relationships. The application of comparative, dialectical and formal-logical methods allowed concluding that synchronization of the applicable law with forum is provided by using of the same criteria for the determination of international jurisdiction and applicable law. The rules which ensure synchronization can: 1) necessarily lead to the application of the court's own law in some private legal matters; 2) be an alternative to the other methods of determination of the applicable law and international jurisdiction which is applied if the parties to the respective relationship conclude the choiceof-law and choice-of-court agreements linking to the law and the court of the same state. Synchronization of the law with the forum in matrimonial property matters is possible under of the Law of Ukraine 'On Private International Law' if the spouses have concluded the choice-of-law and choice-of-court agreements and in some other cases. It has been proved that the rules of the Law of Ukraine 'On Private International Law' which apply dualistic approach for determination of the law governing succession relationships does not allow to achieve synchronization of the applicable law with the forum in succession matters in all cases. It has been demonstrated that the presence of immovable property in the estate located abroad leads to the application of a foreign law to the succession of such property, even if a deceased, being a citizen of Ukraine, has chosen in his will the law of Ukraine as the law applicable to the succession. It has been concluded that the Law of Ukraine 'On Private International Law' should be amended in such a way that the choice of the law applicable to the succession made by a deceased in the will should cover the succession of movable and immovable property regardless of its location. Keywords: synchronization of law with the forum; law applicable to succession; international jurisdiction in succession matters; international jurisdiction in family matters; Succession Regulation; Matrimonial Property Regulation; Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal matters; Law of Ukraine 'On Private International Law'.

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

The article deals with theoretical and methodological approaches to the essence of the state sovereignty in modern conditions of legal globalization and European interstate integration from the point of view of searching for effective means of complex legal modernization of society. The author analyzes the legal content of this category, shows its specific features, reveals the importance of the processes of improving the basic elements of social relations and constitutional modernization of society and the state in modern conditions of legal globalization and European interstate integration. The need for further improvement of constitutional and legal regulation of the most important social relations as a key direction of legal modernization of social relations in a modern democratic state based on the fundamental foundations of European constitutionalism is underlined. At the same time, at the doctrinal level, there is no doubt that the Constitution of Ukraine has a certain degree of almost all the well-known features of the world, in particular, the European, constitutions. Summarizing the above, we consider it necessary to highlight the following main formal and legal features of the Constitution of Ukraine, which is the fundamental ground for modern constitutional and legal reform in our state: 1) a special subject accepting (people's character); 2) the fundamental (institutional) nature; 3) stability is coupled with dynamism; 4) reality; 5) formal and legal properties: the Constitution – the Fundamental Law of Ukraine; its highest legal force; Constitution – the legal base of legislation; A special procedure for making and amending; Special content and structure of the Constitution; Direct effect of its norms. This list is not exhaustive, but in our opinion, it is optimal for defining the main tasks and principles of constitutional and legal reform in the current conditions of legal globalization and European interstate integration. Thus, with the improvement of the Constitution of Ukraine as the main source of constitutional law of Ukraine, it is necessary to focus not only on the modernization of certain institutions that regulate it, but also on the strengthening of its legal properties in general. In other words, the leading role of the Constitution in the system of sources of constitutional law of Ukraine is due to its inherent legal properties, ensuring their effectiveness in society and is a priority task of modern constitutional and legal reform. Thus, under the constitutional and legal reform, in today's conditions of legal globalization and European interstate integration, it is necessary to reform of the sphere of constitutional law directly as a leading national branch of law of Ukraine, the formally-legal improvement and improvement of the constitutional legal material at all its system levels, as provisions, institutions, sub-sectors and industry as a whole. It should also be noted that the subject and object of the branch of constitutional law varies in modern conditions under the influence of a whole range of objective factors of legal and political reality, in particular, it refers to the processes of legal globalization and intergovernmental integration, which, in turn, internally causes the emergence of new branches and subnets of national law, strengthening the internationalization of constitutional law and the constitutionality of international and European law, the adaptation of domestic constitutional laws and to basic European legal standards as a prerequisite quality of the constitutional and legal reform in accordance with objectively existing conditions of society. The need for further improvement of the constitutional and legal regulation of the most important social relations as the most important line of public power in the context of the perception of the European legal system by the national legal system of Ukraine