Suchergebnisse

The ability of a person to represent and protect his interests, and bear legal responsibility for committing administrative offenses and crimes, constitutes such a category as the legal personality. The article's purpose was to compare the legal personality of an offender and criminally punishable acts by the legislation of Ukraine and international legal acts.

For this purpose, the following tasks have been set: 1) the concept and components of such a category as "legal entity" were defined; 2) the peculiarities of the concept of administrative legal personality are clarified, the limits of the administrative legal personality of a person who has committed an administrative offense are determined; 3) the limits legal personality person who has committed a criminal offense are characterized.

The value of individual sources of the United Nations and the European Court of Human Rights for solving the specified tasks is clarified. Provisions are given that indicate that certain norms of Ukraine's national legislation do not correspond to the provisions of international law. This needs to be settled, because, for example, the right to a fair trial should be equal for everyone.

The legal personality within the limits of administrative and criminal proceedings carried out by the legislation of Ukraine does not differ. However, in the case of bringing a person to justice, it is necessary to evaluate different components of legal personality.

The purpose of the article is to determine the procedural and tactical features of the investigation of premeditated murders committed by persons with mental disorders, taking into account the judicial and investigative practice of Ukraine. The authors use general and special methods that allow obtaining scientifically based conclusions and suggestions, such as dialectical, system-structural, generalizing, logical, statistical methods. The authors claim that 7,46 % of criminal proceedings committed by persons with mental disorders and requiring the application of compulsory medical measures are sent to court annually in Ukraine. It has been established that persons with alcohol and drug addiction are more prone to premeditated murders. It is determined that the issue of application of compulsory medical measures is decided by an expert during forensic psychiatric examinations. It is proved that the current criminal procedure legislation of Ukraine, although it determines the grounds for the appointment of examinations of this type, but investigators appoint them in 79% of criminal proceedings, even in the absence of statutory grounds. It is established that the appropriateness of conducting investigative (search) actions with the participation of a person with mental disorders is determined by the investigator or prosecutor on the basis of an expert opinion.

The purpose of the article is to identify the causes and conditions that contribute to the commission of domestic violence against the elderly, as well as the possible consequences of this phenomenon. The article dedicated to exploring the facts of abuse of family members to the elderly. The authors use general and special methods that allow obtaining scientifically based conclusions and suggestions, such as analys, comparison, classification, grouping method, dialectical and forecasting method. In particular, the practice of law enforcement agencies of Ukraine was analyzed and it was established that murders can be the ultimate negative consequence of domestic violence. It was determined that different criteria are used in determining the age category of the elderly in different countries, and therefore, the authors took as a basis the category of women over 55 and men over 60. In this study, the terms "elderly person" and "old people" are used interchangeably. The analysis of the legislation of foreign countries allowed to single out the problematic issues of legal qualification of the facts of domestic violence committed against the elderly, as well as the reasons and conditions that contribute to its commission.