scholarly journals PROCEDURAL GUARANTEES FOR SAFETY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS STRENGTHENING

2021 ◽  
Vol 12 (2) ◽  
pp. 86-93
Author(s):  
Vira Navrotska ◽  
Keyword(s):  
Family Members ◽  
Criminal Code ◽  
Security Measures ◽  
Criminal Proceedings ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
The Law ◽  
Compensation For Damage ◽  
Close Relatives

The existence of significant reserves for the improvement of Ukraine’s domestic legislation norms in the issues of the criminal-procedural guarantees of the safety of the participants of the criminal proceedings strengthening has been stated. The need to expand the list of participants in criminal proceedings to whom security measures may be applied has been proved, due to including: a) persons who have declared another public dangerous act or otherwise participated in or facilitated the revealing, prevention, termination, or disclosure of another public dangerous act; b) civil plaintiffs, civil defendants and their representatives in cases of compensation for damage caused by other public dangerous acts; c) persons, who have committed another socially dangerous act prohibited by the Criminal Code of Ukraine; d) persons regarding which a decision to close criminal proceedings has been made (if they have not facilitated the revealing, termination or disclosure of criminal offenses or other public dangerous acts); e) convicted / acquitted; f) mortgagors; g) figurants. It is stated, that post-criminal impact on a participant in the proceedings is possible not only by causing harm to himself, family members, or close relatives but also by causing harm to any other person (with whom the participant is not connected by any family or close relations). It is proved, that post-criminal impact on a participant in the proceedings can manifest not only in the form of threats and other illegal measures but also do not formally go beyond the law.

scholarly journals ENSURING COMPENSATION FOR DAMAGE CAUSED BY CRIMINAL OFFENSES AS A RESULT OF SCAMMING ACTIVITIES IN THE FIELD OF TOURISM

2020 ◽  
pp. 369-376
Author(s):  
Г. В. Захарова
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Legal Provisions ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Legislative Proposals ◽  
Compensation For Damage ◽  
Legal Compensation

The purpose of the article is to study the legal regulation and law enforcement practices on compensation for victims of criminal proceedings due to fraud in the field of tourism, identify problematic aspects in this direction, and make regulatory legislative proposals to improve legal compensation for victims of criminal proceedings. The article considers some issues related to compensation for damage caused by a criminal offense as a result of fraudulent acts in the field of tourism. The issues of legal regulation under domestic legislation and the legislation of individual European countries on compensation by the state for damage caused to victims are analyzed. It is emphasized that the priority for victims of fraudulent criminal acts is the requirement of compensation for damage, as well as the issue of compensation, compensation for such damage. It turns out that the voluntary compensation of victims by criminals directly depends on the quality and totality of the indictments collected against them, which fully expose their criminal activities. Meanwhile, the legislator did not pay enough attention to the possibility of voluntary compensation for damage to the person who caused it, as well as the benefits of voluntary compensation for damage. The legal provisions to be settled on this issue are indicated. Emphasis is placed on the need for timely pre-trial investigation of relevant traditional measures aimed at finding and locating, staying, both movable and immovable property, securities, jewelry, etc., which may be seized, in order to ensure compensation to the victim. damage. Emphasis is placed on the effectiveness and expediency of using the capabilities of IT technologies of relevant information resources, Internet services, and monitoring of websites that contain information that can help find as soon as possible the property of criminals who can be seized. At the same time, it is noted that the creation and proper functioning of the state fund for compensation to victims of crimes will be an additional constitutional guarantee that will only strengthen human security and increase the overall authority of the state.

шляхи вдосконалення кримінально-правового забезпечення оперативно-розшукової діяльності Державної прикордонної служби України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. О. Гриньків
Keyword(s):  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Criminal Offenses ◽  
Legal Foundations ◽  
The Law ◽  
Legal Mechanism

The ways to improve the criminal legal support of the operative and search activities of the State Border Guard Service of Ukraine are discussed in the article. We propose specific amendments to the Criminal Code of Ukraine, which take into account the cases of harm during the operative and search activities of the State Border Guard Service of Ukraine. It is concluded that compulsory harm to the interests protected by the law will be duly regulated during the conduct, in accordance with the law, of operative and search, counter-intelligence measures or not public investigative (search) actions by an employee of an authorized state body, or on behalf of such person, cooperating with that authority, if the cause of action is to prevent, detect, detect or investigate criminal offenses, to prevent, to disclose and to suspend criminal proceedings identification and / or subversive actions if the stated objective could not be otherwise achieved.It is emphasized that there is a problem in the national criminal law theory and legal regulation of operative-search activity of criminal-legal foundations of carrying out the whole complex of operative-search measures. There is no proper legal mechanism for carrying out most of the operative-search measures.The conditions for the lawfulness of causing harm are considered during the conduct of operative and search measures and the corresponding not public investigative (search) actions, which would be expedient to be disclosed in the resolution of the Plenum of the Supreme Court, as well as to supplement the list of mitigating circumstances stipulated in the Criminal Code of Ukraine (Art. 66).It is noted about the fact that there is an operative-search type of exemption from criminal responsibility, which indicates the need for a criminal-legal settlement of such a situation.It is emphasized that the effective activity of the State Border Service of Ukraine provides for the application by operational units of a set of operative and search measures, which are possible only in case of making appropriate changes and additions to the normative legal acts of the state.

scholarly journals SEPARATE ASPECTS OF USING THE EXPLANATIONS OF PERSONS AS SOURCES OF EVIDENCE IN THE INVESTIGATION OF CRIMINAL OFFENSES

2020 ◽  
Vol 33 (20) ◽  
pp. 108-113
Author(s):  
O.Y. Pereverza ◽  
M.K. Kulava
Keyword(s):  
Effective Means ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Close Relatives ◽  
The Right ◽  
To Receive

The article is devoted to the procedural determination of explanations of persons and peculiarities of obtaining explanations of persons in the investigation of criminal offenses. Changes to Part 8. Art. 95, part 3 Art. 214 of the Criminal Procedure Code of Ukraine (hereinafter – CPC) and new Art. 298-1 CPC are analyzed. It is stated that the explanations selected in this category of the case can be considered as evidence even if they were received before the data entered in the EDDR and can be selected by all the subjects listed in item 19 of Art. 3 CPC, including defender and operational units. It is possible to select explanations from the persons listed in item 25 of Art. 3 of the CPC of Ukraine, as participants in criminal proceedings. Two discussion questions are raised. The first is how the provisions of Part 1 of Art. 63 of the Constitution of Ukraine correlates with the rights and duties of participants in criminal proceedings. Having analyzed the content of item 8 of Art. 95 of the CPC, we state that the explanation can be obtained only with the consent of the person. Thus, the Constitution of Ukraine states that a person may refuse to give explanations in relation to himself, family members, close relatives, but nothing is written about the obligation to give explanations in other cases. Part 2 of Art. 66 of the CPC does not oblige a witness to give explanations and establishes responsibility (, Art. 67 of the CPC, Art. 385 of the Criminal Code of Ukraine for refusing to give testimony, but no explanations, paragraph 4 of Part 3 of Article 72-1 of the Code of Criminal Procedure obliges the representative of the probation authority to give explanations in court, paragraph 9 of Part 1of Article 56 of the CPC provides the victim with the right to give explanations. From July 1, 2020, problems in law enforcement may arise regarding the explanation given by witnesses in the event that they did not give consent to receive them. This will be relevant in the case of obtaining explanations from witnesses in the case who do not wish to give an explanation at all, and not only in cases where it concerns the witness’s person or persons close to him. In fact, they are not responsible for these actions before the law. The number of such persons may be considerable. Therefore, it is necessary to establish at the legislative level the responsibility for refusing to give a witness an explanation. But, it is quite clear that, before questioning such persons, they need to clarify the requirements of Art. 63 of the Constitution of Ukraine. The second, in which procedural form it is necessary to issue explanations. From 1 July 2020, practitioners must have effective means of fixing explanations, since, without the proper procedural form, information about the facts contained in the explanations cannot be recognized as credible evidence. The possibility of applying Articles 103, 104 of the CPC of Ukraine by analogy is established. Namely, that the results of a procedural action – a survey – should be recorded in the protocol of the corresponding action. We conclude on the need for additional procedural regulation of this issue. Keywords: evidence, sources of evidence, explanations of persons, fixation, a criminal offense.

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

Cyber crime, computer crime or cyber offense? The analysis of the features of a terminology application

2021 ◽  
pp. 85-90
Author(s):  
R. Baranenko
Keyword(s):  
Computer Networks ◽  
Cyber Security ◽  
Criminal Liability ◽  
Computer Systems ◽  
Criminal Code ◽  
Computer Crime ◽  
International Treaties ◽  
Computer Data ◽  
Criminal Offenses ◽  
The Law

Today cybercrime and computer terrorism are identified as one of the threats to Ukraine’s national security in the information sphere. Cybersecurity measures include achieving and maintaining security features in the resources of an institution or users, aimed at preventing relevant cyber threats. Cybercrime is a set of criminal offenses committed in cyberspace by computer systems or by using computer networks and other means of access to cyberspace, within computer systems or networks, as well as against computer systems, computer networks and computer data, has been widely developed. The paper considers such terms as «computer crime», «information crime», «crime in the field of computer information», «crimes in the field of information technology». Scientific works of domestic and foreign researchers on the issues of countering cybercrime are analyzed. The connection of the concept of «cybersecurity» with the terms «cybercrime», «computer crime» and «cybercrime» the concepts of «cybercrime» was given. The difference in the interpretation of the concepts «cybersecurity» and «information security» was considered. The definitions of «cybercrime», «computer crime» and «cyber offense» were given for comparison. Their main features were considered. The concept of «computer victimhood» and its components were considered. With the introduction of the institute of criminal offenses in the national criminal law, the terms «cybercrime» and «computer crime» should lose their relevance, as evidenced by the change of title of Chapter XVI of the Criminal Code of Ukraine to «Criminal offenses in the use of electronic computing machines (computers), systems and computer networks and telecommunications networks». Therefore, instead, we can recommend the use of the term «cyber offense», which we propose to understand as «socially dangerous criminal act in cyberspace and/or using it, liability for which is provided by the law of Ukraine on criminal liability and/or which is recognized as a criminal offense by international treaties of Ukraine, and cybercrime is a set of cyber offences». It is clear that this will require the introduction of appropriate terminological changes in the Law of Ukraine «On the Basic Principles of Cyber Security of Ukraine» and other regulations.

scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals Relations of crimes of different gravity degree in the Criminal code of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 153-157
Author(s):  
Oleksandra Skok ◽  
Inna Shylo
Keyword(s):  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offenses ◽  
Special Part ◽  
The Law ◽  
The Impact

The article deals with the classification of criminal offenses in the current Criminal Code of Ukraine. All the crimes, the responsibility for which are established in the Special part of the Criminal Code of Ukraine, are analyzed and on the basis of this detailed description of crimes of small gravity, crimes of moderate gravity, serious and especially serious crimes is carried out. According to Art. 12 of the Criminal Code of Ukraine, depending on the severity of the crimes are divided into crimes of small severity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. This is the norm of the current Criminal Code acquired in accordance with the Law «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Offenses in the Field of Economic Activity» of November 15, 2011 No. 4025-VI. The percentage of different categories of crimes has been analyzed and the impact of the severity of crimes on some criminal liability issues has been determined. A study of the ratio of minor crimes to other categories of crimes showed that minor crimes constitute a fairly significant category of crimes, compared to others, namely 24.9%. In the Special Part of the Criminal Code, there is a «sharp jump» from the category of minor crimes to the category of especially serious crimes, which is connected with the occurrence of especially grave consequences in the qualified criminal offenses.

scholarly journals VICTIMOLOGICAL RISKS FOR ROAD USERS AS AN ELEMENT OF PUBLIC HEALTH

2021 ◽  
Vol 74 (11) ◽  
pp. 2922-2927
Author(s):  
Vladyslava S. Batyrgareieva ◽  
Alina V. Kalinina ◽  
Kateryna O. Poltava
Keyword(s):  
Public Health ◽  
Traffic Safety ◽  
Road Safety ◽  
Drunk Driving ◽  
Criminal Code ◽  
Public Health Approach ◽  
Road Accidents ◽  
Criminal Proceedings ◽  
Road Users ◽  
Criminal Offenses

The aim: This article aims to analyze the statistics of road accidents victims in Ukraine in general and the level of criminal offenses’ against traffic safety and transport operation victims, in particular, to consider the main victimological risks for road users and provide them with a public health approach. Materials and methods: The theoretical basis of the article is specialized literature on law, economics, and sociology. The empirical basis of the research was the materials of generalization of more than 1,000 criminal proceedings under Art. 286 of the Criminal Code of Ukraine, the results of a survey of Ukrainian citizens on the state of road safety in Ukraine. Results: According to the results of an empirical study, in terms of role, pedestrians clearly predominate among the victims (59.6%), while every fourth victim is a passenger of a vehicle. Driver victims are only 14.6% of the total number. Victimological risk on the roads is the probability of becoming a victim and suffering damage to one’s life and health from criminal offenses against traffic safety and operation of transport. For each of the categories of victims there are both general and specific victimological risks. The causes of accidents can be grouped by the source of danger in the triangle “person – mechanism – road”. Conclusions: The most dangerous and widespread victimological risks for road users in Ukraine are speeding and maneuvering, drunk driving, parking violations, poor road infrastructure, physiological and psychological characteristics of road users, low professional skills of drivers, etc.

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