scholarly journals Assessment of initial information and scope of circumstances, to be established during the investigation of fraud in the purchase and sale of goods via Internet: certain aspects

2020 ◽  
Vol 3 (3) ◽  
pp. 304-309
Author(s):  
Serhiy Chuchko
Keyword(s):  
The Internet ◽  
Systematic Analysis ◽  
Initial Information ◽  
Criminal Offense ◽  
Research Results ◽  
Judicial Practice ◽  
Criminal Offenses

The article examines certain aspects of assessing the initial information and the range of circumstances to be established in the investigation of fraud in the sale and purchase of goods via the Internet. The current regulatory legal acts governing the procedural procedure for obtaining and registering information about criminal offenses are analyzed and the sources that most often contain information about the commission of fraud when buying and selling goods via the Internet are considered separately. The ways, order and problematic issues faced by practitioners in obtaining and evaluating initial information are determined. Investigated the circumstances that are subject to proof and establishment in the investigation of fraud in the sale and purchase of goods via the Internet. It is concluded that the greatest difficulties in assessing the initial information about fraud in the sale of goods over the Internet, arise during the determination of preliminary legal qualifications, which further affects the pre-trial investigation, as well as the choice of procedural measures will further carry out within the limits of investigation of a criminal offense. The circumstances to be proved and established during the investigation of fraud in the sale of goods via the Internet are considered. Taking into account the systematic analysis of legislation, research of scientific works, research results of investigative and judicial practice, as well as surveys of practitioners, the circumstances to be established during the investigation of fraud in the sale of goods via the Internet, it is proposed to divide into: circumstances relating to the event fraud in the purchase and sale of goods via the Internet; circumstances concerning the identity of the victim and the offender; causal circumstances; other circumstances.

scholarly journals CRIMINAL LAW CONSIDERATIONS (Ratio Decidendi)

2020 ◽  
Vol 1 (2) ◽  
pp. 90
Author(s):  
Prayitno Iman Santosa
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Objective Measures ◽  
Legal Certainty ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Other Hand ◽  
Ratio Decidendi

Judicial practice in Indonesia, judging from the decisions of criminal cases, generally judges give legal considerations only to prove the elements of a criminal offense. In contrast, the determination of the crime is not objectively considered, and most are merely considerations of incriminating and mitigating matters. On the other hand, the judge has absolute authority in imposing a crime; the judge's freedom is guaranteed by law. The supreme power of judges who are used freely without objective measures has the potential to produce corrupt decisions and injustices. Criminal objectives must be aligned with legal goals, namely to realize penalties that guarantee legal certainty, justice, and expediency. Ideally, good sentences reflect the three purposes of the law.

scholarly journals Regulation of relationship building and sale relations on the Іnternet and improvement of fraud investigation

2020 ◽  
pp. 78-82
Author(s):  
S. Chuchko
Keyword(s):  
Relationship Building ◽  
The Internet ◽  
Payment Systems ◽  
Legal Regime ◽  
Law Enforcement Agencies ◽  
Initial Information ◽  
Goods And Services ◽  
Criminal Offenses ◽  
The Law

The article examines some aspects of the regulation of legal relations in cyberspace when buying and selling goods and services over the Internet.The main normative legal acts that determine the legal policy in the field of contractual relations and commercialization on the Internet are analyzed: Law of Ukraine “On e-commerce”, the Law of Ukraine “On payment systems and funds transfer in Ukraine”, the Law of Ukraine “on Consumer Protection”,The Law of Ukraine “On the use of registrars of settlement transactions in the field of trade, catering and services”, the Civil Code of Ukraine, etc.Factors influencing the level of abuse, including fraud in the sale of goods and services over the Internet, are outlined.It has been emphasized that in recent decades there has been a rapid growth of transactions via the Internet, through which you can carry out household and commercial transactions and purchase goods without leaving the premises. For the majority of the population, this form of “virtual” trade has become convenient and fully met their needs, significantly saving time. At the same time, the active turnover in the network has led to a significant number of violations, a large number of which contain criminal offenses, including fraud.The ways, procedures, as well as problematic issues faced by practitioners during the evaluation of initial information and during the investigation of fraud in the purchase and sale of goods over the Internet are identified.It is argued that the knowledge of law enforcement agencies of the legal regime of legal relations in cyberspace and the procedure for concluding sales agreements via the Internet, will significantly improve the quality of the investigation and help establish the objective truth in the case.

scholarly journals Criminal-legal meaning of driving under the influence in the acts stipulated by Article 286 of the Criminal Code of Ukraine

2020 ◽  
pp. 66-72
Author(s):  
V. Myslyvyi
Keyword(s):  
Criminal Code ◽  
Driving Under The Influence ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Operation Rules ◽  
Driving While Impaired ◽  
Criminal Offenses ◽  
Vehicle Operation ◽  
Objective Side ◽  
Determining Factor

The article deals with issues of combatting criminal offenses related to violations of road safety and vehicle operation rules stipulated by Article 286 of the Criminal Code of Ukraine. The focus is on acts committed by persons who were in a state of alcohol, drugs or other intoxication. Based on research and analysis of current national judicial practice the author has revealed the presence of contradictions in court judgments of different instances where provided opposite criminal legal assessment consisting of a criminal offense under Article 286 of the CC of Ukraine, the following factors as driving while impaired by alcohol, drugs and other intoxication. The essence of such an assessment, as shown by a certain part of the verdicts, is that some courts do not consider the state of intoxication of a person driving a vehicle as a sign of the objective side of this criminal offense, and therefore do not see it as one of the reasons acts as a determining factor of these criminal offenses. The research paper contains a critical analysis of this approach in judicial practice and provides arguments for its unreasonableness, as driving under the influence as a cause of accidents in transport is considered to be universally recognized. However to avoid contradictions in judicial practice and to reach efficiency impact of criminal legaltools in combating the above mentioned criminal offense the author has proposed that Article 286 of the CC of Ukraine should stipulate an aggravating circumstances such as the commitment of a criminal offense by a person being in a state of intoxication

A SIGNIFICANT THREAT TO OTHER INTERESTS AS A CRITERION FOR SUBSTANTIAL HARM AT CRIMINAL LAW

2019 ◽  
Vol 4 (85) ◽  
pp. 23
Author(s):  
Jurijs Lomonovskis
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Direct Object ◽  
Legal Doctrine ◽  
Criminal Offense ◽  
Basic Composition ◽  
Criminal Offenses ◽  
Additional Object ◽  
Court Practice

The aim of the article “A significant threat to other interests as a criterion for substantial harm at criminal law” is to examine the problems of understanding the concept of “substantial harm” in criminal law; to analyse whether the “significant threat to other interests” component of substantial harm is properly understood in practice. The lack of understanding of the concept determines the topicality of the article. To reach the goal of the article, such tasks are solved: 1. to consider the historical development of a law framework of “substantial harm”; 2. to get acquainted with the types of substantial harm in criminal law; 3. to compare the court practice with the basic legal doctrine; 4. to make a statement about the content of the concept of “significant threat to other interests” both in the framework of basic and qualifying criminal offenses. The article consists of 5 parts: introduction, understanding concept of other interests protected by law, connection of other interests protected by law with the direct object of the criminal offense, threat of other interests protected by law as qualifying attribute, conclusions. The novelty of the article is related to the lack of research into substantial harm problems in criminal law. The conclusions of the article are about court practice does not correspond to the basic of legal doctrine. In the conclusion of the article, the author expresses the thesis for basic composition of criminal offense: substantially harmed interests are those in the direct object of the criminal offense; as well as those included in additional objects, if specifically designated by the legislator. Regarding the determination of interests in qualifying composition of a criminal offense, the author of the article expresses the following http://dx.doi.org/10.17770/acj.v4i85.3673 thesis: substantial harm as a characteristic of the composition of a qualified criminal offense indicates the threat of an additional object of a criminal offense.

scholarly journals Investigative activities of operational units in the detection of criminal offences in the sphere of subsoil exploitation and protection

2021 ◽  
Vol 10 (46) ◽  
pp. 176-183
Author(s):  
Yurii Yermakov ◽  
Dmytro Shumeiko ◽  
Oleh Tarasenko ◽  
Maryna Voloshyna ◽  
Sergii Chyzh
Keyword(s):  
Research Methodology ◽  
Logical System ◽  
Search Activity ◽  
Legal Research ◽  
Criminal Offense ◽  
Research Results ◽  
Scientific Cognition ◽  
Criminal Offenses ◽  
General Scientific ◽  
The Subject

The purpose of the article is to determine the features of the search for signs of criminal offenses in the sphere of subsoil exploitation and protection. The subject of the study is the search activities of operational units in this area. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical-legal, formal-logical, system-structural, generalization, comparative-legal. Research results. The elements of search activity of criminal offenses in the area of subsoil exploitation and protection are established. Practical meaning. The most likely places of search and objects containing information on wrongfulness of the acts in the indicated sphere are identified. Value / originality. It is proved that process of detecting criminal offenses and those who prepare or commit them is based on the knowledge of the event of criminal offense by subtraction from the environment the changes that have arisen in connection with its preparation or commission of the traces left on the environmental elements, such as objects and documents.

scholarly journals THE ISSUE ON DETERMINATION OF TYPOLOGICAL FEATURES OF PEOPLE, COMMITTING CRIMINAL OFFENSES RELATED TO THE FORGERY OF EXCISABLE GOODS, AS AN ELEMENT OF THE CRIMINALISTIC CHARACTERISTICS

2019 ◽  
Vol 7 (1) ◽  
pp. 315-327
Author(s):  
Ayupova Zauresh ◽  
Begaliyev Yernar ◽  
Uspanov Zholdybay
Keyword(s):  
Social Sciences ◽  
Theoretical Interpretation ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
The Subject ◽  
Product Recommendations ◽  
Characteristic Features

In the article «The issue on determination of typological features of people, committing criminal offenses related to the forgery of excisable goods, as an element of the criminalistic characteristics» prepared by doctoral student Ayupova Z.N.; Professor of the Department of Special Legal Disciplines, Doctor of juridical Science Begaliev E.N; Dean of the Faculty of Social Sciences and Law, candidate of juridical Sciences, Professor UspanovZh.T. The main purpose of this article is to identify the most characteristic features of an intruder's personality and to formulate recommendations aimed at improving the process of investigating criminal offenses related to falsification of excise goods. The article deals with the issue of theoretical interpretation of the concept of "criminalistic characterization of crimes" and "typology of personality" as its element. The analysis of the reference paper is given regarding the study of the typology of persons committing criminal offenses; as well as the problems that arise in determining the subject of the crime and the ways to solve them. The types of persons committing criminal offenses connected with forgery of excisable products as exogenous and endogenous types of intruders are investigated; classified by the object of encroachment, the nature of criminal acts, the degree of public danger. The concepts of socially-adoptive, socially-disadaptive type of personality of persons who commit this category of a criminal offense are disclosed. The structure of the personality of the intruder who deals in the falsification of excisable goods has been compiled and examined through socio-demographic, criminally-legal, socially significant physiological features and moral properties. The analysis of methods for establishing a suspect person is given, the main types of malefactors and their functions are identified in the production of a surrogate excise product. Recommendations for persons conducting investigations into criminal cases related to forgery of excise goods are developed.

scholarly journals Peculiarities of qualification of criminal offenses against movement safety and transport operation: a review of judicial practice.

2021 ◽  
Vol 3 (3) ◽  
pp. 227-234
Author(s):  
Vasyl Berezniak
Keyword(s):  
Traffic Safety ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Decisive Evidence ◽  
Act Assessment

The article reviews some court decisions, which highlight the key features of the assessment of criminal offenses against traffic safety and transport operation. Typical situations of committing criminal offenses of this type with the analysis of difficulties of qualification and further bringing a person to criminal responsibility are studied. In addition, attention is paid to the differentiation of legal liability, where the means of committing an offense or the subject is a vehicle, as well as highlighted key aspects related to the definition, type and nature of the act. Assessment of criminal offenses against traffic safety and transport operation under art. 286 of the Criminal Code of Ukraine should be based not only on the rules of substantive law, ie the law of Ukraine on criminal liability. Within the framework of criminal proceedings, the employee-practitioner is guided by the rules of the Criminal Procedure Code of Ukraine, which provides for the possibility of changing the assessment of a criminal offense, taking into account the available facts and circumstances. Regarding the existence of certain regulations governing the specifics of assessment and further pre-trial investigation into the commission of a criminal offense against traffic safety and transport operation, today the national justice system has formed judicial practice on this issue. However, it requires some generalization and identification of key points in the qualification of the investigated criminal offenses or further criminal proceedings. The decisive evidence in criminal proceedings concerning criminal offenses against traffic safety and transport operation is the experts’ conclusions from various types of examinations, which are appointed in these proceedings. In particular, auto-technical, auto-commodity, transport-trasological expert studies, which establish important circumstances for establishing the suspect’se guilt or innocence.

APPLICATION OF EVIDENCE STANDARDS IN CRIMINAL PROCEEDINGS

2021 ◽  
Vol 2 (2) ◽  
pp. 67-74
Author(s):  
Maryna Horodetska ◽  
Keyword(s):  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Standard Of Proof ◽  
Judicial Practice ◽  
Reasonable Suspicion ◽  
Standards Of Proof ◽  
Objective Side ◽  
Procedural Decisions

The article is devoted to the study of the application of standards of proof in criminal proceedings. The criminal procedural legislation for determination of standards of proof is analyzed. The international and national judicial practice of application of standards of proof is investigated. Peculiarities of application of standards of proof at different stages of criminal proceedings are revealed. Differences in the application of standards of proof in making different procedural decisions have been established. The standard of reasonable suspicion is investigated. It is determined that the establishment of the standard “reasonable suspicion” depends on: 1) the stage of pre-trial investigation; 2) the degree of restriction of individual rights during decision-making. The article concludes that the lowest level of suspicion is sufficient for the commencement of criminal proceedings - suspicion of the fact of committing a criminal offense. Such suspicion of the fact of committing a criminal offense corresponds to the establishment of the object and the objective side of the criminal offense. It was found that during the detention of a person for committing a criminal offense, in addition to the suspicion of committing a criminal offense, the standard of “suspicion of sufficient involvement of the detainee” must be achieved. A certain level of suspicion of sufficient involvement of the detainee in the commission of a criminal offense is necessary to justify his detention. It was found that the notification of a person's suspicion of committing a criminal offense (without the application of a precautionary measure against him) presupposes the achievement of the standard of proof - “sufficient grounds (evidence)”. Which is lower than the standard of «reasonable suspicion”, the achievement of which is necessary in case of restriction of the rights of the person in connection with the application of security measures, etc. It is established that the standard “reasonable suspicion” is not stable and is assessed depending on the course of criminal proceedings. Over time, the standard of proof of “reasonable suspicion” increases and should be supported by proof of new circumstances and risks.

INVESTIGATION OF CRIMINAL CHARACTERISTICS OF ILLEGAL PUBLIC USE OF DRUGS

2020 ◽  
pp. 277-283
Author(s):  
С. Ф. Денисюк
Keyword(s):  
Illicit Drugs ◽  
Negative Impact ◽  
Scientific Article ◽  
Criminal Offense ◽  
Social Sphere ◽  
Drug Crime ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Starting Point ◽  
Forensic Scientists

The relevance of the article is that the spread of drug addiction and drug crime in Ukraine over the past ten years has become one of the most acute social problems, failure to solve which leads to harm to human health, negative impact on the social sphere, and is a threat to national security. Of particular concern in the light of socio-economic crises is the systematic use of illicit drugs and the increase in drug-related crimes. At the same time, the number of criminal offenses for illegal public use of drugs is increasing, which in turn requires the creation of the most advanced methods of detection and investigation of criminal offenses and the development of appropriate practical recommendations for the use of forensic techniques and tactics specific to a particular crime. The purpose of the article is to provide a forensic characterization of illegal public drug use. The scientific article analyzes the scientific positions of forensic scientists and proceduralists on the understanding of the conceptual category «forensic characteristics of a criminal offense» and further identification of the main elements of the forensic characteristics of criminal offenses. It is stated that forensic characteristics are a relevant scientific abstraction based on the analysis of investigative, expert, operational-search, judicial practice used by this practice through the methodology of investigation of criminal offenses of the relevant type, the starting point for which it is characteristic. Within the limits of the scientific article the following elements of the criminological characteristic of illegal public use of drugs are allocated and investigated: a) a way of commission of a criminal offense; b) a description of the identity of the offender; c) the subject of criminal encroachment; d) place of commission; e) typical traces of the crime.

scholarly journals Medical Malpractice as a Separate Criminal Offense: a Higher Degree of Patient Protection or Merely a Sword Above the Doctors' Heads? The Example of the Croatian Legislative Model and the Experiences of its Implementation

2019 ◽  
Vol 12 (2) ◽  
pp. 39-60
Author(s):  
Igor Vuletić
Keyword(s):  
Medical Malpractice ◽  
Case Law ◽  
Legal Certainty ◽  
Criminal Offense ◽  
Degree Of Protection ◽  
Bodily Injury ◽  
Judicial Practice ◽  
Patient Protection ◽  
Criminal Offenses ◽  
Legislative Model

A comparative overview of the criminalisation of medical errors in Europe shows that this in principle is approached in two ways. Under the first approach, such errors are incriminated through the general regime for criminal offenses, such as bodily injury or causing death by negligence. The second approach, adopted in a smaller number of countries, prescribes it as a separate criminal offense (as medical malpractice). Croatian law is a typical example of the second model, which has given rise to discussions in Croatian scholarly circles about the abandonment of such a model. The author analyses the Croatian legislative solution and its realisation in judicial practice, and based on this analysis, through the presentation of noteworthy case law, provides conclusions on whether or not the Croatian legislative solution indeed provides a higher degree of protection of the health of patients and a higher level of legal certainty.

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