scholarly journals DOCTRINAL PROVISIONS OF THE CRIMINAL LEGAL POLICY OF THE STATE IN THE SPHERE PROTECTION OF MILITARY SECURITY OF UKRAINE

2019 ◽  
pp. 84-96
Author(s):  
Y. Lutsenko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Modern Concept ◽  
Law Enforcement Agencies ◽  
Legal Policy ◽  
Basic Law ◽  
Democratic State ◽  
Military Security ◽  
Criminal Legislation

The article provides a scientific analysis of theoretical and practical problems that exist when implementing the criminal-legal policy of the state in the field of the protection of military security of Ukraine. Taking into account the existing challenges and threats facing the Ukrainian, sovereign, democratic state, and before the whole civilizedworld today, the place, tasks and goals of the criminal-legal policy of the state are determined, its role in the sphere of military security of Ukraine is comprehended. The work focuses on the concept and essence of criminal-law policy, clarifies its place and role in the state in counteracting the socially dangerous acts of the present. Attention is drawn to the fact that the state policy in the sphere of counteracting crime, which is being conducted now in Ukraine, should be developed taking into account new scientific developments, theoretical and practical recommendations of scientists, first of all, lawyers. The absence of a holistic, modern concept of the criminal-law policy of the state, as well as the development of the national legislation on criminal liability, leads to inconsistencies and inconsistencies with certain norms of the criminal legislation of Ukraine and other subordinate normative legal acts, including the Basic Law - the Constitution of Ukraine, which, in its turn, entails significant problems in the activity of law enforcement agencies of Ukraine.

scholarly journals Problems of criminal law protection of the national security of the state against subversive acts

2021 ◽  
Vol 10 (44) ◽  
pp. 307-315
Author(s):  
Oleksiy Pasyeka ◽  
Ruslan Shekhavtsov ◽  
Oleh Marmura ◽  
Stepan Burda ◽  
Taras Lutskyi
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Criminal Offense ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

The purpose of the article is to study the main problematic aspects of the regulation of liability for sabotage in the legislation of Ukraine. The subject of the research is the problematic aspects of the regulation of criminal liability for sabotage under the laws of Ukraine. In order to obtain reliable results, a number of methods are applied: dialectical, formal-logical, hermeneutic, logical-semantic, statistical, comparative-legal, etc. The results of the conducted research: modern threats to the national security of any state require effective measures of counteraction, including the qualitative criminal legislation. The main shortcomings of the regulation of liability for sabotage under the laws of Ukraine are due to the imperfection of the components of this criminal offense, as well as the misinterpretation of its provisions by the enforcer. In addition, it is determined that one of the important problems of liability for such action is the parallel existence of a terrorist act in the criminal legislation of Ukraine, and the components of a terrorist act by its content and nature in most cases coincides with the components of sabotage. A number of changes and additions to the criminal legislation of Ukraine on elimination of the specified problems are proposed.

HISTORICAL AND LEGAL ANALYSIS OF THE DEVELOPMENT OF EXTREME NECESSITY AS A CIRCUMSTANCE PRECLUDING THE CRIMINALITY OF AN ACT

2021 ◽  
pp. 83-90
Author(s):  
M. G. Nikitenko ◽  
E. E. Nikitenko
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Canon Law ◽  
Historical Development ◽  
Criminal Liability ◽  
The State ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Criminal Legislation ◽  
Medieval Canon Law

The article presents an analysis of the historical development of extreme necessity as an institution of criminal law. The authors examines the peculiar views of Roman jurists on the possibility of exemption from criminal liability in connection with injury to the state of emergency, the specifics of medieval canon law, assessment of Russian lawyers of the institute of extreme necessity. Conclusions about the peculiarities of the evolution of the norms of extreme necessity in criminal legislation on the basis of a retrospective analysis of the sources of criminal law are made.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

scholarly journals Comparative and legal analysis of appying compulsory measures of educational nature to minors in Ukraine and some foreign countries

2020 ◽  
Vol 2020 (3) ◽  
pp. 79-88
Author(s):  
Yermak O.V. ◽  
◽  
Suprun H.H. ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Scientific Paper ◽  
The State ◽  
Legal Analysis ◽  
Public Attention ◽  
Coercive Measures ◽  
Foreign Countries ◽  
Criminal Legislation

Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, the authors turned to the legislation on criminal liability, which regulates the application of similar measures in foreign countries. This article is devoted to the study of coercive measures of educational nature against minors in Ukraine and abroad. In this scientific paper the comparative criminal-legal analysis of the concept and types of coercive measures of educational character concerning minors provided by the Criminal Code of Ukraine (further – CC of Ukraine) with similar norms of the criminal legislation of foreign states regulating questions of special criminal-legal measures concerning persons who at the time of committing a criminal offense did not reach the age of eighteen is carried out. The comparative analysis of the criminal legislation on applying coercive measures of an educational nature in Ukraine is carried out in comparison with the criminal laws of Switzerland, Latvia, Georgia, Bulgaria and Italy. The general conclusion is made in the article that the norms of the current Ukrainian criminal legislation need to be amended, improved and further adjusted both by scholars and by the legislator. Key words: coercive measures, criminal-legal measures, other measures of criminal-legal character, minors.

scholarly journals Constitutional Framework of Criminal Liability for Abuse of Rights and Freedoms

2021 ◽  
pp. 133-152
Author(s):  
O. S. Guzeeva ◽  
Keyword(s):  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
The State ◽  
Government Officials ◽  
Dialectical Logic ◽  
Legal Policy ◽  
Legal Norms ◽  
Legal Method ◽  
The Right

Introduction: the prerequisite for socially dangerous acts to be criminalized is their illegality; one of the forms of such acts is abuse of rights, when the behavior of the subject causing harm to the rights and interests of other persons has an external form of exercising his/her right. Criminal liability for abuse of rights has specific features that significantly distinguish it from other criminalization processes. Purpose: to analyze the theoretical foundations for constructing the grounds of criminal liability for abuse of rights, with the analysis being performed through the prism of criminal law and constitutional provisions. Methods: system analysis, formal and dialectical logic, modeling, method of interpretation of legal norms, method of constitutional examination, comparative legal method. Results: abuse of rights covers both situations of using rights to the detriment and those where the person goes beyond the limits of the right granted to him/her. It is necessary to distinguish between two types of abuse of rights. 1) Abuse of rights by government officials. In criminal law, it generates two problem situations: a) an assessment of the actions of civil servants who consistently implement such a policy of the state that is not legal by its nature and is aimed at depriving citizens of their rights and freedoms or restricting those; b) an assessment of the actions of government officials who abuse their official powers in conditions when such actions contradict the legal policy of the state. 2) Abuse of rights by individuals. In criminal legal assessment of this behavior, one should distinguish: a) abuse of a right as a method of crime and b) abuse of a right as the content of behavior. Conclusions: no abuse of rights can entail criminal liability if it is not associated with the infliction or a real threat of infliction of substantial harm to the rights of citizens. It is essential to optimize the system of liability for abuse of rights and particularly to solve the problem of responsibility of officials implementing non-legal policy of the state and also responsibility of private individuals for abuse of rights in cooperation with government agencies.

scholarly journals Punishing (Non-)Citizens

2016 ◽  
pp. 28-38
Author(s):  
Michał Peno
Keyword(s):  
Civil Society ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Self Control ◽  
Control Mechanisms ◽  
Liberal Democratic ◽  
Democratic State ◽  
Spatial Isolation ◽  
State Of Affairs

If sociologists are to be trusted, reflexivity, focused on itself and devoid of any religious or at least ideological framework, leads to the weakening of control mechanisms. Such changes are accompanied by the polarization of social classes and by the exclusion of the so-called underclass (which certainly includes a vast majority of criminals) from the civil society. In the doctrine of criminal law of “mature modernism”, within the framework of a liberal-democratic state, the civil society, together with the idea of communication, is supposed to constitute a central reference point in the research on criminal liability. Reflexivity brings up new problems. New citizen-oriented criminal law is being shaped, based upon mediation and communication (e.g. restorative justice, Expressive Theory). The civil society does not include the area of politics or political nature of things, where the problem is not the justification of the punishment but the effectiveness of mere spatial isolation. In this sense, it is difficult to talk about the merits of the emancipation of an individual from the limitations imposed by the society. The weakening of any external authority and of political duties owed to the state is replaced by self-control proper to reflexive modernity only in cases where the individuals have adequate intellectual and ethical predispositions. Disappearance of the influence of external rules and values together with the mechanism of exclusion from the civil society results in the weakening of self-control and in selfish care only about one’s own perspective (but also in repressive subordination by the state). Such a state of affairs creates favourable conditions for objectifying criminal liability, abandoning the concept of guilt, and for attempts to provide an ethical justification of penalty – which are concepts taken from the “world of citizens”.

scholarly journals The state of research of the concept of intentionalityin criminal legal literature

2020 ◽  
Vol 2 (2) ◽  
pp. 183-190
Author(s):  
Valeriya Savytska
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Basic Law ◽  
Legal Literature ◽  
History Of ◽  
Reliable Knowledge ◽  
State Of Research ◽  
Subjective Side

The state of research of the concept of consciousness in the criminal law literature is studied. The Consti-tution of Ukraine in Art. 62 declared that a person is presumed innocent of committing a crime and may not be subjected to criminal punishment until his guilt has been proved in a lawful manner and established by a court conviction. No one is required to prove their innocence. The accusation cannot be based on evidence obtained illegally, nor on assumptions. All doubts about the guilt of a person are interpreted in his favor. This provision of the Basic Law is reflected in Part 2 of Art. 2 of the Criminal Code of Ukraine, Art. 2, art. 17 and item 2 part 1 of Art. 91 of the Criminal Procedure Code of Ukraine, which should maximally promote the implementation of such a constitutional norm. In turn, guilt is a mandatory feature of the subjective side of the crime, the establishment of which is the final step in establishing the crime as the only basis for criminal liability, so its clarification is important. Traditionally, in addition to guilt, the signs of the subjective side of the crime include motive, purpose and emotional state. At the same time, in the Criminal Code of Ukraine there are other features defined by the legislator as mandatory and which reveal the content of the subjective side of the crime. One of them is intentionality. It has been proved that in the science of criminal law there is an opinion that it is appropriate to interpret the term "intentionality" not as knowledge or assumptions, but only as reliable knowledge. In addi-tion, intentionality is considered not as an independent feature of the subjective side of the criminal offense, but as a feature that characterizes the intellectual moment of the relevant form of guilt (usually intent (although in the scientific community there is no unity in this case). However, there is an alternative posi-tion, according to which intentionality is an independent feature of the subjective side, which must be con-sidered in conjunction with guilt. In order to establish the urgency of the need to use the sign of intentionality in criminal law and to understand in more detail its essence, we will consider the history of the development of the use of the concept of intentionality in the monuments of domestic criminal law.

scholarly journals Criminal liability for abuse in procurement for state and municipal needs

2020 ◽  
pp. 171-179
Author(s):  
Vasily Dolinko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Public Procurement ◽  
Dominant Role ◽  
Criminal Liability ◽  
Legal Framework ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Russian Federation

The article deals with the issues of criminal liability for abuses in the sphere of procurement for state and municipal needs of the Russian Federation. The state and its law enforcement agencies reliably protect the budget sphere of Russia and its economic sovereignty, effectively protecting our state from the destructive impact of external and internal threats and factors, from dangers and various kinds of negative challenges and risks in the field of economic security of the Russian Federation. The relevance of this article lies in the fact that it indicates that this direction is in the modern mainstream of the world trends in the development of criminal law impact on modern crime in the sphere of ensuring the security of the country’s budget sector, the dominant role in which is played by the state authorities of Russia and institutions of modern Russian civil society, which is very relevant at this time. The originality of the material consists in the fact that at the present time in Russia there is a comprehensive and well-developed theoretical base for the effective formation of a system of criminal legal measures to ensure counteraction to abuses in public procurement, which is legally fixed by the modern legal framework. Among the state bodies, the subjects whose activities are aimed at effectively ensuring the security of the budget sphere of the Russian Federation and its economic entities have been identified. The conclusion of the article is that based on a generalized analysis of the legal framework of the Russian Federation, existing theoretical views and suggestions and comments made by the author, the author proposes a conceptually new approach to the definition of criminal law measures to ensure the security of the budget sphere of the Russian Federation in countering crime in the field of public procurement, the essence of which (in a generalized form) is reflected in the provisions of this article.

Human Dignity and Its Impact on German Substantive Criminal Law and Criminal Procedure

1999 ◽  
Vol 33 (3) ◽  
pp. 575-591 ◽  
Author(s):  
Otto Lagodny
Keyword(s):  
Criminal Law ◽  
Human Dignity ◽  
Criminal Procedure ◽  
The State ◽  
Constitutional Theory ◽  
Personal Liberty ◽  
Basic Law ◽  
Democratic State ◽  
State Of Israel ◽  
Protection Of Life

Since 1992, the Basic Law: Human Dignity and Liberty has been in force in Israel. Its purpose according to sec. 1 is: “to protect human dignity and liberty, in order to anchor in a Basic Law the values of the state of Israel as a Jewish and democratic state”. In sec. 2 and subsec. it guarantees: preservation of life, body and dignity (sec. 2); protection of property (sec. 3); protection of life, body and dignity (sec. 4); personal liberty (sec. 5); leaving and entering Israel (sec. 6) and privacy (sec. 7). The guarantees in sec. 2 and subs. might thus be seen as a concretization of art. 1. Here we have already an interesting parallel to constitutional theory in Germany. Human dignity is the article with which our constitution begins. The following guarantees may be seen — asDürigalready pointed out in the 1950's — as an emanation of human dignity with its main aspects of freedom/liberty (Art. 2 German Basic Law [GBL]) and of equality (Art. 3 GBL).

scholarly journals FORMATION IN YOUNG PEOPLE OF PERCEPTIONS OF RESPONSIBILITY REGARDING CRIMINAL VIOLATIONS DURING THE ELECTION PROCESS

2021 ◽  
pp. 8-11
Author(s):  
A. BARDINOVA
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Voting Rights ◽  
Criminal Code ◽  
The State ◽  
The Body ◽  
False Information ◽  
State Register ◽  
Election Process ◽  
Criminal Legislation

The purpose of the article is to characterize the criminal law for providing false information to the State Register of Voters or falsification of election documents, referendum documents, voting results or information of the State Register of Voters, analysis of objective and subjective elements of the crime under Art. 158 of the Criminal Code of Ukraine, as well as improvement of criminal legislation for providing false information to the body maintaining the State Register of Voters or falsification of election documents and referendum documents, voting results or information of the State Register of Voters. The analysis of scientific sources revealed the signs of crimes against the voting rights of citizens, which every citizen should get acquainted with at a young age. The study also proved that one of the means of preventing crimes against citizens' voting rights is criminal liability. We see the prospect of further research in providing legal guarantees of suffrage and reference rights of citizens, using criminal liability as one of the types of legal liability for violation of suffrage and reference rights of citizens.

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