PENALIZATION OF ILLEGAL INTERFERENCE IN THE OPERATION OF THE AUTOMATED COURT DOCUMENT SYSTEM IN UKRAINE

2021 ◽  
Vol 2 (2) ◽  
pp. 150-160
Author(s):  
Yehor Nazymko ◽  
◽  
Artem Shcherbina ◽  
Keyword(s):  
Criminal Law ◽  
Management System ◽  
Criminal Liability ◽  
Criminal Code ◽  
Mirror Image ◽  
Document Management ◽  
Document Management System ◽  
Criminal Offender ◽  
Unlawful Interference ◽  
Definition Of

In the article the authors consider the institute of penalization in general and penalization of illegal interference in the work of the automated document management system of the court in Ukraine in particular. It is indicated that the study of sanctions of criminal law, and in particular Art. 376-1 of the Criminal Code of Ukraine, which provides for criminal liability for unlawful interference in the automated document management system of the court, allows us to conclude that the legislator does not always correctly correlate the public danger of an illegal act, its consequences for the state and society. According to the author, the concept of penalization is somewhat narrower than penalization. This can be explained by the fact that criminal law, despite all its humanity, is an instrument, first of all, punitive, and only then educational influence. In most cases, correction is achieved through punishment in its purest form. That is why the measures and means of alternative work with a criminal offender, which consists in release from punishment are very limited. Therefore, depenalization is a mirror image of penalization, in its narrower sense. The author's definition of penalization is offered, which should be understood as a component of criminal law policy, which is a set of mutually agreed principles, laid down in the content of punishment and implemented in the form of sanctions of the Special Part of criminal law. It is concluded that currently the types of penalties provided for illegal interference in the work of the automated document management system of the court are not fully effective and do not correspond to the level of public danger of the act. An important way of development for the legislator is to change the approach to the subjects of such an offense and to establish the features of its commission, all the necessary components of the subjective side of the criminal offense. Currently, one of the effective ways to solve this situation is to differentiate criminal liability depending on the type of subject (general or special).

The Structure of Criminal Liability: Complicity

1996 ◽  
Vol 30 (1-2) ◽  
pp. 146-153
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Draft Code ◽  
Actus Reus ◽  
The Law ◽  
Definition Of

The notion of “wrongdoing” is not recognized by the Draft Code. Nor does it classify the criminal law defences as either justification or excuse. Rather, the Draft Code distinguishes between “an offence” and “an act”. The term “offence” is used to cover cases where theactus reusis committed with the mental state required by the definition of the offence, by an offender who is criminally liable. An offender who has a defence, even a personal one, such as insanity, mistake, or duress, commits “an act”. The term “act” is used to indicate that defences negate the criminal nature of the act.I have elsewhere elaborated on the question whether or not a criminal code which aims to reform the criminal law should distinguish between justification and excuse. There I have both discussed and evaluated,inter alia, the proposals of the Draft Code in this context. Therefore, I shall not elaborate on this subject any further. I shall rather focus on the law of complicity and shall discuss three main issues.

scholarly journals Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression

2016 ◽  
Vol 7 (4) ◽  
pp. 215-228
Author(s):  
Pavel Kotlán
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Theoretical Concept ◽  
Legal Person ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Definition Of

Abstract This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of legal persons. After defining the liability of legal persons in the relevant legal regulations, the paper presents an interpretation of subsidiarity in Section 12(2) of the Criminal Code that is significantly different from the “official” opinion. Subsequently, the paper discusses certain criminal law situations in which the application of subsidiarity would lead to the conclusion that the legal person is not punishable (“non-criminality”). The first aim was thus to present the theoretical concept of subsidiarity of criminal repression, which would be methodologically correct, and therefore generally applicable. The second objective was directed at demonstrating that this construct can be applied to specific examples of the liability of legal persons, that is, that it can be applied to the activities of the bodies in charge of criminal proceedings.

scholarly journals CRIMINAL AND LEGAL CHARACTERISTICS OF TRANSNATIONAL CRIME: COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Oleksandra Skok ◽  
◽  
Taisiia Shevchenko ◽  
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Criminal Liability ◽  
Transnational Crime ◽  
Criminal Code ◽  
Foreign Countries ◽  
International Regulations ◽  
Transnational Connections ◽  
The Republic ◽  
Definition Of

This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.

scholarly journals Fight Against Doping: Experience of Ukraine and European States

2020 ◽  
Vol 9 (27) ◽  
pp. 34-41
Author(s):  
Oleg Reznik ◽  
Oleksandr Muzychuk ◽  
Nadiia Andriichenko ◽  
Yuliia Yakushchenko ◽  
Svitlana Korzh
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
European Countries ◽  
National Legislation ◽  
Unique Approach ◽  
Definition Of

The article deals with the study of the anti-doping experience of Ukraine and European countries. It considers a number of doctrinal and regulatory approaches to the understanding of doping and anti-doping rule violations and, accordingly, the importance of combating such phenomena. The article examines the provisions of international acts regulating the list of prohibited substances, doping testing, the application of sanctions for anti-doping rule violations, and formulates the conclusion on the need to improve the list of prohibited substances, which currently hinders the effectiveness of anti-doping measures. It focuses on the criminal law of Ukraine, Hungary, Estonia, Finland, Germany, Poland, Italy, and Spain, which provides for the criminal liability for doping, including its illegal production, trade, appointment, use, and forcing other persons to use it. The article describes the peculiarities of a unique approach to legal liability for doping in Austria and France, where the specified actions are regarded as fraud. The article establishes the necessity of introducing changes to Article 323 of the Criminal Code of Ukraine to improve the fight against doping in Ukraine and the expediency of harmonizing the provisions of the national legislation of Ukraine and European states with the international rules in terms of the definition of doping and the list of prohibited substances.

scholarly journals SANCTIONS FOR ILLEGAL CONDUCT WITH POISONOUS AND DRASTIC SUBSTANCES OR POISONOUS AND DRASTIC PHARMACEUTICAL DRUGS

2020 ◽  
pp. 109-118
Author(s):  
Maryna Bondarenko ◽  
Keyword(s):  
Criminal Law ◽  
Research Methodology ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Concept ◽  
Pharmaceutical Drugs ◽  
Legal Sanction ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Criminal Legislation

The article is devoted to the investigation of criminal legal norm, namely, to one of its parts – sanction. In this aspect, a brief overview of general theoretical problems is made, their importance and prospects in further study for science and practice are shown. The aim of the article: to analyze the general concept of criminal legal sanction, to investigate the sanctions of norms provided by Art. 321 of the CC of Ukraine, to identify the shortcomings of their design and to suggest ways of their improvement. The research methodology: historical-legal, comparative-legal, logical ones, the method of analysis and synthesis. The definition of the concept of sanction is described, as well as what types of sanctions exist, which prevail in the norms of the law of Ukraine on criminal liability, etc. In addition, the peculiarities of the sanction design, in particular in comparison with foreign criminal legislation, and the existing shortcomings in the domestic criminal law are provided. In total, this provided an opportunity to analyze Art. 321 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine), and to formulate ways to improve it. The main results: to apply the experience of foreign criminal law, which provides the gradation of even each type of punishment, the use of arithmetic rules to increase and decrease the amount of punishment in case of existence of mitigating or aggravating circumstances, etc., at least for the most common crimes.

scholarly journals Criminal Influence and Feasibility of its Preservation in New Criminal Code of Ukraine

2021 ◽  
Vol 7 ◽  
pp. 44-51
Author(s):  
Artem Nikitin
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Working Group ◽  
Scientific Community ◽  
Criminal Liability ◽  
Criminal Code ◽  
Original Form ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Definition Of

The concept of criminal influence, which was introduced into the Criminal Code of Ukraine in June 2020, has been highly criticized by the scientific community and practitioners, among other things, for violation of the principle of legal certainty and the rule of law. This article defines the main disadvantages of the provisions that establish criminal liability for acts related to criminal influence and analyzes the feasibility of preservation of these provisions in their original form in the Criminal Code of Ukraine and the possibility of their transfer to the draft of the new Criminal Code of Ukraine. It is concluded that the mentioned norms should be at least substantially revised, with taking into account comments of the Ukrainian scientists, and cannot be transferred into the new criminal law as they are currently defined. Moreover, introduction of specific amendments to other laws is also required in this regard.The Working Group on the development of criminal law, as the author of the draft of the new Criminal Code, reasonably refused from the existing concept of the criminal influence. At the same time, they defined criminally punishable acts, which can be considered as a certain equivalent of the criminal influence (socalled “criminal leadership”). Provisions developed by the Working Group differ from the current by the more precise definition of specific actions, which constitute corpus delicti of criminal leadership, avoidance of jargon formulations, decrease of the terms of imprisonment for committing the relevant crimes, and diversification of criminal legal measures that can be applied to offender besides the punishment. In general, it appears that the Working Group avoided the main mistakes which are present in the current legislation. However, it is too early to draw conclusions regarding the acceptability of the proposed article of the new criminal law. Only after the draft of the new Criminal Code of Ukraine has been finished and its provisions can be analyzed altogether, final conclusions regarding the mentioned norms can be drawn.

scholarly journals SUBJECTIVE ATTITUDE OF A PERSON TO A CRIME AND PRINCIPLES OF CRIMINAL LAW

2020 ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Presumption Of Innocence ◽  
Social Content ◽  
Dialectical Method ◽  
Legal Method ◽  
The Subject ◽  
Definition Of ◽  
Heuristic Appraisal

The publication is focused on the attempt of theoretical grounding of the place obtained by the requirement of obligatory consideration of the subjective attitude of a person to the features of committed crime within the system of principles of criminal law of Ukraine. To achieve this objective, the author has applied the dialectical method, the dogmatic (formal and legal) method, as well as analysis, synthesis, induction and deduction. The established approaches to determining the range of principles of criminal law of Ukraine have been studied. Particular attention has been paid to the prevalence of the existence of such a principle as the “principle of guilt” in interpretations of various specialists. This principle is also known as the “principle of guilty liability”. The correlation between the criminal principle of guilt and the criminal procedural presumption of innocence has been critically analyzed.It has been established that the principle of guilt in criminal law is complex. It includes such elements as the legislative definition of guilt (the Art. 23 of the Criminal Code of Ukraine), the differentiation of guilt into forms and types (intent and its types, negligence and its types), the possibility to blame a person for only those socially dangerous consequences (the main and qualifying characteristics of corpus delicti of the committed crime), which were within a certain subjective attitude defined by law (intent or negligence), determining the severity of a particular crime depending on the content and degree of guilt, exclusion of criminal liability of a person for damage that was not covered (and could not be covered) by its subjective attitude. This principle also implies a compulsory presence of understanding (awareness as a result of heuristic, appraisal activity) of certain circumstances (nature and social content of the action or omission, properties of the object, specific features of the victim, awareness of certain norms or rules, etc.) by the subject before and during the commission of a crime.

scholarly journals Criminal Influence and Problems of its Definition in the Criminal Code of Ukraine

2021 ◽  
Vol 6 ◽  
pp. 46-56
Author(s):  
Artem Nikitin
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
High Probability ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Certainty ◽  
Abstract Concepts ◽  
Definition Of ◽  
Criminal Legislation

The article researches the term “criminal influence” which was introduced to the Criminal Code of Ukraine (hereinafter – the CC of Ukraine) by the Law of Ukraine “On amendments to the Criminal Code of Ukraine regarding liability for crimes committed by criminal community”, and its correlation with the institute of complicity in a crime, in particular with objective elements of accomplices in a crime, as well as with illegal influence. The author concludes that there may be one narrow and two broad types of understanding of this term. Moreover, criminal influence may be considered not only from the criminal legal but also from the criminological point of view. Criminal influence is a part of the broader term of illegal influence. However, in contrast to other types of illegal influence, criminal influence, due to its social danger, is limited by the state specifically by the means of criminal law.The term of criminal influence introduced to the Ukrainian criminal legislation has serious gaps, so that it is extremely poor and practically inapplicable. Moreover, not only this term defined in the note to Art. 255 of the CC of Ukraine, but also corpus delicti provided for in Art. 255-1 of the CC of Ukraine (intentional establishment or dissemination of the criminal influence in society) should be substantially revised. The usage of general formulations and abstract concepts in the disposition of Art. 255-1 of the CC of Ukraine, as well as non-exhaustive lists of objective and subjective elements in the definition of the term of criminal influence violates the principle of legal certainty as a part of a broader rule of law principle. Bringing individuals to the criminal liability for committing crimes related to the criminal influence (intentional establishment or dissemination of the criminal influence in society and request for its application) or conviction of individuals for these crimes with a high probability will cause substantial violations of fundamental principles of criminal law and human rights.

scholarly journals Proving The Insanity Defense in The Enforcement of Criminal Law in Indonesia

2020 ◽  
Vol 19 (3) ◽  
pp. 670
Author(s):  
Priastami Anggun Puspita Dewi
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Criminal Liability ◽  
Insanity Defense ◽  
Criminal Code ◽  
Legal Regulations ◽  
Legal Research ◽  
Psychological Condition ◽  
Criminal Offender ◽  
Made In

Criminal liability is a manifestation of the perpetrator for his or her crime. Article 44 (1) of the Indonesian Criminal Code (KUHP) explains that the insanity defense may release a perpetrator from conviction. For this research, the utilized research method was normative legal research, by which legal regulations are examined and the results neither reject nor accept a hypothesis, but give prescriptions for what should be proposed. The results of this research showed that first, insanity defense can release a criminal offender from conviction. This is because the perpetrator is unable to consciously understand that his or her actions are against the law, and that person cannot be held with criminal liability. Second, the construction of a verdict to declare whether or not a person qualifies for the insanity defense must be made in advance of his or her psychological condition, to decide if it is appropriate for the perpetrator to be convicted.Keywords: Proving; Insanity Defense; Enforcment of Crimina Law.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

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