Suchergebnisse

The scientific article is devoted to the actual problem of the prevention of causing bodily harm to persons, who serving sentence in the form of deprivation of liberty. The author analyses scientific literature, periodicals, international legislation and national legislation of Ukraine, regarding making the recommendation to reduce the level of causing bodily harm to persons, who serving sentence of deprivation of liberty. In the provisions of the scientific article an analysis of methods for detecting the factors of crime in penal institutions is carried out, and and on this basis, the author proposes methods of eliminating, neutralizing or blocking the factors of crime in the penal institutions. In addition, the author of the article considers necessary in educational institutions of the Ministry of Internal Affairs of Ukraine, who prepare specialists for work in the penal institutions, to teach such a discipline as «The theory of penitentiary conflict research». The scientific article also contains suggestions by the author regarding the introduction of clear measures that will affect the reducing the level of causing bodily harm to person, who serving sentence of deprivation of liberty. Keywords: crime, sentence, criminology, health, convict, deprivation of liberty.

The monograph is one of the first comprehensive mono graphic studies in Ukraine related to the definition of contem porary tasks related to the pre trial investigation of crimes committed in places of deprivation of liberty The paper identifies a number of problems that need to be addressed at the legislative, organizational, doctrinal and other levels, with a view to improving the existing legal framework on these issues. For scientists, scientific and pedagogical workers, masters, students and staff of the State Penitentiar y Service of Ukraine

The monograph is devoted to the disclosure of the content and essence of the administrative and legal basis for the implementation of the right to receive professional legal assistance in Ukraine by providing a description and generalization of the current state of its implementation, a description of legislative and practical gaps of its administrative and legal support by the state, as well as formulation of specific directions and proposals to dispose the identified problems. The monograph considers the administrative and legal status of the subjects of the implementation of the right to receive professi-onal legal assistance through the set of rights defined in administra-tive and legal norms, responsibilities, purpose of creation and tasks of their activity, powers, as well as responsibility for non-perfor-mance of the functions assigned to them by the state, or violation of established norms. The monograph is designed for scientists, lecturers, postgradua-tes, students, legal practitioners, and anyone interested in the subject.

The paper analyzes various issues relating to criminal liability for insulting and defaming a public official in several jurisdictions. The objective of this study was to clarify, by comparative reference to the criminal laws of various countries, whether insult and defamation constitute a crime or are perceived as non-criminal conduct. Based on the provisions of criminal legislation and international case law, as well as the case law of the European Court of Human Rights, the fine line between the fundamental principle of freedom of expression and abusive insults (defamation) has been demonstrated. It has been concluded that both public officials and private citizens can be victims of defamation and insult, which can give rise to criminal liability in some states. The specific models of such liability differ significantly. Based on our analysis of legislative and enforcement approaches in various jurisdictions, it is concluded that some countries vigorously protect both public officials and lay citizens from insult and defamation, while other states rely more on the broad principle of "freedom of expression".

The objective of the article is to conduct a comparative legal study of Ukrainian and international standards of criminal liability for corruption offences and their prevention. The research methodology includes the following methods: system-structural method, formal-dogmatic method, historical method, grouping method, comparative-legal method, legal modeling method and others. As a result, the peculiarities of anti-corruption regulatory-legal provisions and police practice in the states analyzed are clarified, with the selection of relevant positive and negative trends, principles of construction of anti-corruption policy, specificity of the conceptual apparatus, etc. Emphasis is placed on the need to further harmonize Ukrainian legislation with international agreements and the practice of their implementation. It is concluded that negative trends in foreign countries have been found to be the result of non-compliance with relevant commitments to combat and prevent corruption.

The paper discusses some emerging issues of criminal liability for assaults against public officials in various jurisdictions. Emphasis is placed both on the comparative approach to analyzing the relevant criminal statutes and on the specific legal framework for the protection of the life and health of law enforcement officers. Based on the provisions of statutory criminal law and the case law of several countries, it is shown that the life, health and property of law enforcement officers enjoy a higher level of protection. This is explained by the fact that such persons are direct representatives of the state, perform their duties in public, remain under public scrutiny and, therefore, may become an easier target for assault crimes. In the conclusions of the research, it has been argued that the determination of the legal grounds, scope and limits of protection of public officials by criminal law should be carried out at the national level (or state level in a federal jurisdiction), based on the orientations and principles of the domestic criminal law policy and program of a given nation.