scholarly journals OFFENSE VERSUS CONTRAVENTION IN NATIONAL FORESTRY LAW

2021 ◽  
Vol 14(63) (1) ◽  
pp. 137-142
Author(s):  
Adrian Aldea ◽  
Keyword(s):  
Average Price ◽  
Criminal Proceedings ◽  
Criminal Offense

According to a recent legislative amendment, unauthorized felling of trees, including when wood damage is up to five times the average price of one cubic meter of wood, per foot, constitutes a criminal offense. At the same time, a contraventional law is in force and is applying to a similar act. Thus, the question is whether the new rule is sufficiently clear to achieve the purpose of criminal proceedings.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

scholarly journals Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity

2021 ◽  
Vol 81 (2) ◽  
pp. 97-103
Author(s):  
V. O. Gusieva
Keyword(s):  
Law Enforcement ◽  
Criminal Liability ◽  
Demographic Data ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Enforcement Officer ◽  
Criminal Offenses ◽  
Procedural Costs ◽  
Detailed List ◽  
Law Enforcement Officer

The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruction of the activities of a law enforcement officer, as well as during the investigation of interference in the activities of a forensic expert. Taking into account the specified scientific provisions, the author has defined a detailed list of circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer. It has been established that the circumstances to be clarified during the interference in the activities of a law enforcement officer include: 1) circumstances related to the criminal offense, namely: time, place, situation and traces of a criminal offense, methods of its commission (preparation, direct commission and concealment), tools and means used during the interference, the scope of procedural costs; circumstances that are the basis for ceasing criminal proceedings; the reasons and conditions that contributed to the commission of a criminal offense; 2) circumstances related to the identity of the victim, including: socio-demographic characteristics of the victim, place of work, position held; official and functional responsibilities, the victim’s belonging to a law enforcement agency during the commission of a criminal offense against him; the type and scope of damage caused to the victim; 3) circumstances related to the identity of the offender, namely: socio-demographic data of the offender, physiological and psychological condition, gender, citizenship, financial status, place of work, the record of criminal conviction and the facts of bringing to administrative liability; the presence of dependent disabled people; the presence of guilt in the form of direct intent, the purpose of the action; circumstances that aggravate or mitigate the punishment of the offender are grounds for releasing from criminal liability or punishment that exclude criminal liability; presence of accomplices.

scholarly journals CRIMINAL CHARACTERISTICS AS AN ELEMENT OF THE METHODOLOGY OF INVESTIGATION OF CRIMINAL OFFENSES AGAINST PUBLIC ORDER

2020 ◽  
pp. 5-11
Author(s):  
О. А. Антонюк
Keyword(s):  
Public Order ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Illegal Acts

The relevance of the article is that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as have a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for the development of versions, to build correlations between individual elements, to ensure better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. The scientific article is devoted to the study of some aspects of the investigation of criminal offenses against public order. The peculiarities of forensic characteristics as an element of the methodology of investigation of a certain category of criminal offenses are considered. The author emphasizes that the forensic characteristics should be based on the study of materials of criminal cases and proceedings, as well as has a direct practical direction. That is, to solve specific tasks of the investigation: to provide opportunities for proposing versions, building correlations between individual elements, ensuring better planning of the investigation, and so on. Otherwise, it will really be a "phantom", ie an ineffective tool of investigation. At the same time, scientists continue to investigate illegal acts in terms of constructing their forensic characteristics. In our opinion, this is really important for the methodology of investigation of any criminal offense, so we will try to solve the problem of its construction in the studied category of actions: against public order. The notion of forensic characteristics is formulated as a set of data on forensically important features and properties of an illegal act, which is due to the natural connections between its individual elements and provides construction and verification of versions to solve specific problems of criminal proceedings.

scholarly journals Crimination and Solution of Criminal Matters in the Criminal Proceedings of Bosnia and Herzegovina - a Division Between Normative and Actual

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Sadmir Karović ◽  
Marina M. Simović
Keyword(s):  
Bosnia And Herzegovina ◽  
Practical Aspect ◽  
Criminal Proceedings ◽  
Criminal Matter ◽  
Criminal Offense ◽  
Procedural Law ◽  
Procedural Task ◽  
Standards Of Proof ◽  
Criminal Matters ◽  
Practical Nature

In this paper, the central part presents the solution of the criminal-procedural task, that is, the clarification and solution of a specific criminal matter in criminal proceedings of Bosnia and Herzegovina by criminal-law entities, with special attention to restrictive legal conditions of a criminal-procedural nature, as well as certain problems and dilemmas of a practical nature. The extremely dynamic development of modern criminal procedural law in the last two decades is also characterized by the adoption of new criminal procedural solutions with a pronounced tendency of humanization, which directly relates to the catalog of the rights of the suspect or accused person. In order to understand the nature of the criminal proceedings, the conceptual determination and differentiation of the criminal matter as the main subject of the criminal proceedings was made to the criminal matter in an unfair and fair sense, with reference to the practical aspect of the efficient conduct of the criminal proceedings and the illumination and settlement of the criminal matter, respecting the standards of proof. Given the nature of the criminal proceedings, in addition to the criminal matter as the main case, other secondary or ancillary issues are included which do not constitute a criminal offense but relate to the criminal matter (property claim, so-called prejudicial or preliminary issues and costs of the proceedings).

scholarly journals Criminal offenses - a new institute of criminal legislation of Ukraine

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Criminal Legislation

The article analyzes the feasibility of introducing the institution of criminal offense. The focus is on reforming the criminal justice system. It was found out that one of the directions of reforming the criminal justice of Ukraine is the introduction of the institute of criminal misdemeanor in the criminal legislation. According to the results of the study, different approaches to the expediency of establishing liability for misconduct in the criminal legislation of Ukraine have been identified. It is reasonable that changing the understanding of the concept of crime and the criteria for its evaluation is not an easy path, but in today's conditions the introduction of criminal offenses is a progressive, timely and unalterable step, as no scientific developments can solve law enforcement problems. Keywords: criminal proceedings, institute of criminal offense, crime, reforming, criminal legislation, Concept of reforms, criminal justice

scholarly journals Corrective Measures Establishment Character for Minors in the Republic of Srpska // Vaspitne mjere zavodskog karaktera za maloljetnike u Republici Srpskoj

2017 ◽  
Vol 7 (7) ◽  
pp. 276
Author(s):  
Tamara Marić
Keyword(s):  
Personal Responsibility ◽  
General Purpose ◽  
Juvenile Crime ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Republic ◽  
Special Rules ◽  
Care Assistance

Within the general purpose of criminal sanctions and that the suppression of unlawful activities which violate or threaten the values protected by criminal law, specifically stipulates that the purpose of criminal sanctions against minors to providing protection, care, assistance and supervision, as well as providing general and vocational training affect the development of the strengthening of the personal responsibility of minors, to provide education of minors, and to ensure proper development of the minor figures in order to ensure his re the inclusion in the community. In this regard, the legislator in the Republic of Srpska prescribe special rules of criminal procedure to juveniles, and specific sanctions that can be imposed on juveniles. Juvenile criminal sanctions is, by its nature and purpose, different from the criminal sanctions imposed on adult offenders. They aim to protect society from juvenile crime through education and re-education or re-socialization and proper development of juveniles. Minors up to criminal offense, according to Law of the protection and treatment of children and juveniles in criminal proceedings Republic of Srpska, can impose a corrective measure, security measures of juvenile and constipation as a special type of sentence by older minors.

scholarly journals PERANAN ALAT BUKTI DALAM PERKARA PIDANA DALAM PUTUSAN HAKIM MENURUT KUHAP

Yuridika ◽  
2017 ◽  
Vol 32 (1) ◽  
pp. 17
Author(s):  
Bastianto Nugroho
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Law Enforcement Officers ◽  
The State ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Procedure Law ◽  
The Law ◽  
Examination Process

The trial of a criminal case is to find out whether a criminal offense has occurred in an event, therefore in the most important criminal proceedings the proceedings are proved. Evidence is a problem that plays a role in the examination process in court because with this proof is determined the fate of a defendant. The legal function in the State of Indonesia is to regulate the order of society in the life of the nation and the state, whereas the violation of the law itself is an event that must exist in every society and is impossible to be eliminated absolutely, because violation of law is an integral part of development More complex. One of the provisions governing how the law enforcement officers carry out the task in the field of repressive is the criminal procedure law which has the purpose of searching and approaching material truth, the complete truth of a criminal case by applying the provisions of criminal procedure law honestly darn precisely with The purpose of finding out who the perpetrator can be charged with is a violation of the law. 

scholarly journals INVOLVEMENT OF MEDICAL PROFESSIONALS IN THE INVESTIGATIVE PROCEDURES DURING THE DETECTION OF CERTAIN TYPES OF CRIMES

2021 ◽  
Vol 74 (5) ◽  
pp. 1213-1218
Author(s):  
Alexander M. Bidei ◽  
Oleksandr I. Kozachenko ◽  
Mykola O. Gelemei
Keyword(s):  
Medical Knowledge ◽  
Comprehensive Approach ◽  
Practical Significance ◽  
Medical Professionals ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
The Right

The aim: To clarify the importance of the need to involve medical professionals, as experts, in the conduction of the investigative actions during the pre-trial investigation of certain types of crimes. Materials and methods: This research is based on the general laws and categories of the Cognition theory and on the framework of materialistic dialectics; it uses a comprehensive approach to the study of the problems under consideration, applies systematic, statistical, historical, legal and comparative legal methods. Conclusions: The need to use specialized medical knowledge depends not on a certain type of crime, but on the specific circumstances of the committed criminal offense. Based on theoretical and practical frameworks, the reasonable practical significance of using specialized medical knowledge during a pre-trial investigation expands and deepens the possibilities of procedural evidence, contributes to the rapid and complete crime disclosure, exposing the wrongdoers and making the right decisions in criminal proceedings.

scholarly journals JUSTIFICATION OF SUSPICION DURING THE APPLICATION OF CRIMINAL PROCEEDING MEASURES

2021 ◽  
Vol 75 (2) ◽  
pp. 169-174
Author(s):  
Maryna Savchuk ◽  
◽  
Artem Shapar ◽  
Keyword(s):  
Human Rights ◽  
Crucial Role ◽  
Scientific Article ◽  
Precautionary Measure ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
European Court ◽  
Criminal Procedure Law ◽  
Precautionary Measures

The scientific article contains information on the study of the concept of «reasonableness of suspicion», the study by the investigating judge of the evidence that substantiates the suspicion during the application of precautionary measures. The article analyzes scientific works on certain topics, decisions of the European Court of Human Rights and national legislation. The main problem is identified, which is related to the fact that the investigating judge in most cases, when considering a request for a measure of restraint, ignores the need to examine the evidence related to the examination of suspicion. The result of the above material is the fact that the notification of a person of suspicion can in no way justify the application of measures to ensure criminal proceedings. An important procedural step, which plays a crucial role in the pre-trial investigation stage, is the notification of a person of suspicion. Suspicion is presented to a person only on the basis of proper, admissible, sufficient and reliable evidence, it allows to suspect a person of committing a criminal offense. The pre-trial investigation body does not always establish all sufficient grounds for such a suspicion, so the question arises as to its validity. After the notification of suspicion, it is possible to apply one of the measures to ensure criminal proceedings, namely: a precautionary measure. The norms of the criminal procedure law oblige the court, when choosing a measure of restraint, to take into account the data underlying such a decision. The presence of a notice of suspicion is not an identical notion of the validity of the suspicion. In order to substantiate the suspicion, the parties to the criminal proceedings are obliged to provide the investigating judge with evidence of the circumstances to which they refer, which in turn entails the duty of the investigating judge, the court to verify and evaluate the evidence. The presence of risks does not justify the suspicion. The need to comply with the rule on the verification of «reasonableness of suspicion» is realized by establishing criteria that should be investigated and established by the investigating judge during the consideration of motions for the application of measures to ensure criminal proceedings.

scholarly journals Interaction between investigator and operational units in pretrial investigation of criminal offenses

2021 ◽  
Vol 1 (1) ◽  
pp. 272-276
Author(s):  
Maksym Ocheretyatyy
Keyword(s):  
Theory And Practice ◽  
Factual Information ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Procedural Law ◽  
Criminal Offenses ◽  
Theoretical Generalization

The article analyzes the essence of the outlined problem, focuses on the importance of the investigator's interaction with operational units in the pre-trial investigation of criminal offenses, outlines the concept, which is defined as a comprehensive and purposeful process of communication between different actors involved in criminal proceedings. , is the ultimate goal, which makes it possible to obtain factual information about the event of a criminal offense. This gave grounds for distinguishing the essence of this process, which in general is distinguished by the fact that the investigator is a procedural person who is directly responsible for the quality of pre-trial investigation, its planning and effectiveness of investigative (search) actions, their timeliness and consistency. It is also argued that the issues of theoretical generalization of the elements of the process of interaction of the investigator in the pre-trial investigation were effectively and accurately formulated in the above stages, which partially duplicate the stages of the pre-trial investigation. However, the proposed approach of individual researchers to differentiate the interaction not only in terms of criminal procedural law, but also from the standpoint of operational and investigative activities, as a process can also be useful in planning a pre-trial investigation. This logically gives grounds to claim that the interaction with operational units is based on close and coordinated cooperation within the current legislation, on the initiative of both parties, as well as the planned conduct of any investigative or non-public investigative (search) actions. The author, as a result of the received interpretations of basic terms it was given an opportunity to investigate its stages. Therefore, the approaches of scientists to determine the stages of interaction in the pre-trial investigation of criminal offenses are analyzed, they are generalized, and the most effective approach totheir structuring for theory and practice is determined.

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