«Connection» in the criminal law: issues of understanding and application

The authors in the article touch upon the issue of a uniform understanding of the terminological apparatus, in particular, the sign of conjugation used in the construction of criminal law norms. On the basis of the analysis of the norms of the criminal law, groups of crimes are distinguished in which the legislator uses the investigated feature, depending on its functional purpose. The study pays special attention to the issues of understanding the conjugation in the construction of a single complex crime, where, with its help, the legislator discloses and emphasizes the connection between a socially dangerous act and a mandatory sign of the objective side of a crime. Based on the results of the analysis of law enforcement practice, as well as the doctrine of criminal law, the authors come to the conclusion that the term conjugate is synonymous with the phrase perfect with application. In this connection, it is proposed in the criminal law in the constructions of single complex crimes to replace the use by the legislator of the sign conjugation with the synonymous phrase committed with application.

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THE OBJECTIVE SIDE OF MISUSE OF BUDGET FUNDS, IMPLEMENTATION OF BUDGET EXPENDITURES OR PROVIDING CREDITS FROM THE BUDGET WITHOUT OR EXCEEDED BUDGET PURPOSES

Criminalistics and Forensics ◽

10.33994/kndise.2021.66.37 ◽

2021 ◽

pp. 492-509

Author(s):

D. Shyian ◽

O. Shyian

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Criminal Code ◽

Criminal Offense ◽

Active Behavior ◽

The Subject ◽

The Law ◽

Local Budget ◽

Objective Side

The article deals with the analysis of scientific views, theoretical provisions and legislation, examines the objective side of the misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with its excess. It is proposed to leave part 1 of Art. 210 of the Criminal Code of Ukraine, a socially dangerous act in the form of misuse of the relevant funds as the most common in law enforcement, as well as expanding other forms, replacing them with a socially dangerous action in the form of another expenditures of the relevant budgets or funds. Since inter-budgetary transfers are de jure not included in budget expenditures, it is proposed to add to the name and disposition of Part 1 of Art. 210 of the Criminal Code of Ukraine, an indication of a socially dangerous act in the form of their implementation. As a result of the study, the authors come to the conclusion about the further actualization of the problematic of the objective side of the criminal offense provided for in Art. 210 of the Criminal Code of Ukraine. It is supported the proposal to cover the analyzed criminal law prohibition and other budget violations close in public danger to those directly named in Art. 210 of the Criminal Code of Ukraine to budget violations. It is proposed to determine the objective side of Part 1 of Art. 210 of the Criminal Code of Ukraine in the form of a socially dangerous act in the form of an action: misuse of funds, other expenditures of state or local budgets, or state or local extra-budgetary funds, or the implementation of an inter-budgetary transfer committed contrary to the law or a decision on the local budget. Considering that the analysis of the forms of committing a criminal offense under Art. 210 of the Criminal Code of Ukraine, testifies that it can be committed only in the form of active behavior of the subject of a criminal offense, it is proposed in Part 2 of Art. 210 of the Criminal Code of Ukraine to replace the instruction from an act with an action.

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On the issue of criminal liability for negligent joint infliction of criminal - illegal consequences

Herald of the Association of Criminal Law of Ukraine ◽

10.21564/2311-9640.2021.16.244426 ◽

2021 ◽

Vol 2 (16) ◽

pp. 43-53

Author(s):

Maryna Yevhenivna Grigoryeva

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Criminal Liability ◽

Criminal Offense ◽

Stage Of Development ◽

Objective Side ◽

Criminal Legislation ◽

Theoretical Issues ◽

Legal Consequences ◽

Current Stage

The article is devoted to the consideration of problematic issues related to criminal liability for negligent joint infliction of criminal consequences. Issues related to the negligent joint infliction of criminal consequences do not lose their relevance at the current stage of development of Ukrainian criminal law. The article defines the concept of negligent joint infliction of criminal consequences and provides a thorough description of its mandatory features. It is separately stated that correctly determining the basis of criminal liability of persons who jointly caused negligent damage, qualifying their actions and establishing rules for sentencing them is an important task for law enforcement and therefore it requires detailed justification and elaboration of general theoretical issues. legal consequences and the development of features of such a definition. It is proved that negligent joint infliction of criminally illegal consequences is the commission by two or more subjects of a certain criminal offense, illegal, objectively interconnected and mutually conditioned act, which is part of the objective side of a criminal offense that has a negligent form of guilt, and creates a single, common to all subjects socially dangerous result provided by criminal law. It is established that in case of negligent joint infliction of criminally - illegal consequences there is an objective interdependence and interaction of actions (actions or inactions) of such subjects who took part in achievement of those socially dangerous consequences which are provided by the criminal legislation.

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Phenomenon of administrative prejudice in the context of understanding the essence of crime

Current Issues of the State and Law ◽

10.20310/2587-9340-2021-5-17-117-136 ◽

2021 ◽

pp. 117-136

Author(s):

Vadim V. Khiluta

Keyword(s):

Law Enforcement ◽

Research Methods ◽

Criminal Law ◽

Criminal Liability ◽

The Public ◽

Scope Of Application ◽

The Subject ◽

Objective Side ◽

Law Making ◽

Critical Consideration

We consider the issue of understanding the administrative prejudice in criminal law. We investigate the ontological problems of administrative prejudice in the doctrine of criminal law. The purpose of the work is a ra-tional and critical consideration of the criminal law science provisions in rela-tion to the question of the characteristics and legal essence of administrative prejudice. We analyze the arguments “for” and “against” the preservation of administrative prejudice in the criminal law, consider the essential character-istics of this concept. We state that administrative prejudice is now consid-ered outside the corpus delicti, identifying it with a specific means of legal technique, or within the corpus delicti, as an element of the objective side or subject of the crime. We substantiate the position that administrative preju-dice is a sign of a special subject of a crime. We prove that when committing a repeated similar offense, it is necessary to talk about the public danger of the subject who has committed multiple repetitions of the same offense. In this case, each subsequent multiple offense should entail the onset of criminal liability, because this right violation is not associated with the act, but with the figure committing the unlawful act. We propose measures to improve the proposition of administrative prejudice in the criminal law. Research methods: formal-dogmatic, comparative-legal, instrumental analysis. Scope of application: jurisprudence, law enforcement practice, law-making, legislation.

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Scientific and practical commentary on the Criminal Law Enforcement Code of the Russian Federation, 4th Edition

10.31085/9785392318315-2021-496 ◽

2021 ◽

Author(s):

A.V. Brilliantov

Keyword(s):

Law Enforcement ◽

Russian Federation ◽

Criminal Law ◽

The Russian Federation

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APPLICATION FEATURES OF TECHNICAL AND FORENSIC TOOLS BY AN INVESTIGATOR (THE INTERROGATOR) DURING INTERROGATION IN THE PRETRIAL DETENTION CENTER

Vestnik Samarskogo iuridicheskogo instituta ◽

10.37523/sui.2020.39.3.007 ◽

2020 ◽

pp. 48-53

Author(s):

Роман Михайлович Морозов ◽

Дмитрий Юрьевич Волков

Keyword(s):

Law Enforcement ◽

Criminal Law ◽

Scientific Literature ◽

Preliminary Investigation ◽

Preventive Measure ◽

Criminal Procedure ◽

Evidence Based ◽

Detention Center ◽

Pretrial Detention ◽

Forensic Tools

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.

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CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

Sociopolitical sciences ◽

10.33693/2223-0092-2020-10-6-31-41 ◽

2020 ◽

Vol 10 (6) ◽

pp. 31-41

Author(s):

DANILA ILIN ◽

Keyword(s):

Health Care ◽

Law Enforcement ◽

Health System ◽

Russian Federation ◽

Criminal Law ◽

Social Life ◽

Criminal Liability ◽

General Description ◽

Theoretical Approaches ◽

The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

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