Suchergebnisse

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.

In the article the problems of criminal-legal qualification of the use of firearms by civilians during martial law have been studied. It is concluded that the normative regulation of the use of firearms by civilians in the participation in repulse and deterrence of armed aggression has a number of problematic aspects of both of technical as well as legal and substantive nature, including those of legal liability for criminal offenses that directly correspond to the use weapons (primarily the legal composition of the crime, the specific part of which is provided for in Part 1 of Article 263 of the Criminal Code of Ukraine). It has been concluded that it is expedient to clarify the regulatory legislation regarding the use of firearms, namely: to supplement the provisions on the forms of acts provided for in Part 1 of Article 263 of the Criminal Code of Ukraine. Prior to the proposed legislative changes, the criminal law assessment of the legality of acts that do not fall under the term "use of firearms" should be decided in the context of the provisions of the Procedure for obtaining firearms and ammunition by civilians involved in repelling and deterring armed aggression of Russian Federation and / or another state, approved by the Order of the Ministry of Internal Affairs of Ukraine of March 7, 2022 № 175 (hereinafter – Procedure № 175) and Section VIII "Circumstances precluding criminal illegality of the Criminal Code of Ukraine" of the Criminal Code of Ukraine 1 of the Criminal Code of Ukraine). Keywords: martial law, use of firearms, obtaining firearms, handling of weapons, ammunition.

The article examines some problems of criminal liability for unauthorized construction in terms of regulatory legislation of Ukraine, actual situations and regulations of criminal offenses. The issue of comparing the normative composition of criminal offenses with the regulatory and protective (administrative) law of Ukraine (primarily legislation in the field of urban planning) is highlighted. It is concluded that the filling of the specific legal content of unauthorized (spontaneous) construction should not be limited to its definition only for construction work without obtaining the right to such construction work in accordance with the Law of Ukraine "On Regulation of Urban Development" (in the so-called narrow sense). Actions of the objective side of the relevant legal corpus delicti can hardly be considered justified and outside the criminal law regulation will contain a significant amount of real factual situations, which in the degree of public danger is the same or even greater severity and will fully meet the criteria of criminal offenses (Art. 11 of the Criminal Code), and accordingly, is to be recognized as a criminal offense. It is also investigated that the formation of a specific legal content of unauthorized construction as a criminal offense can not be reduced to the provisions of the laws of Ukraine (in particular, the CC), and guided only by formal indicators (e.g. presence or absence of a document entitling to construction work) – "filling" with such content may be carried out by by-laws governing the possibility of acquiring the right to perform construction work outside the generally established procedure