scholarly journals Problematic Issues of Preventive Activities of Investigators and Interrogators in the Legislation of Ukraine and Some Foreign Countries

2020 ◽  
Vol 91 (4) ◽  
pp. 245-252
Author(s):  
R. M. Balats
Keyword(s):  
Legal Regulation ◽  
Research Topic ◽  
Point Of View ◽  
Criminal Offense ◽  
World Community ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The World ◽  
Procedural Code ◽  
Theoretical Developments

The author has carried out a comparative analysis of the normative provisions of the legislation of Ukraine and some foreign countries on preventive activities, in particular the regulation of tasks to identify the causes and conditions that contributed to the crime during the pre-trial investigation. The annual increase in the number of criminal offenses indicates the need to introduce the institution of preventive activities of investigators and interrogators into the current Criminal Procedural Code of Ukraine. The scientific views of scholars have been studied and the own vision of the raised problems has been developed. The issue of the essence of identifying the causes and conditions that contributed to the commission of a criminal offense and its normative enshrinement in legislation at some historical stages of the development of our country and the world community has been studied. Based on the analysis of theoretical developments of scholars on criminal procedural legislation of Ukraine and the practice of pre-trial investigation and inquiry of some post-Soviet countries on issues related to the research topic, the author has placed emphasis on the significant shortcomings of legal regulation of preventive activities of investigators and interrogators during the pre-trial investigation. The author has presented own point of view on the preventive activities of investigators and interrogators during the pre-trial investigation as one of the main tasks of such an investigation, in particular to identify the causes and conditions that contributed to criminal offenses and take necessary and effective measures to eliminate them through the appropriate agencies and their chiefs, which is offered to be enshrined in the current Criminal Procedural Code of Ukraine and the departmental regulatory base.

Culture Management through Prism Achievements of Kazakhstan Art

2021 ◽  
Vol 6 (4) ◽  
pp. 104-121
Author(s):  
Assel Imayo ◽  
Aizhan Kalibayeva
Keyword(s):  
Point Of View ◽  
Modern World ◽  
Bottom Line ◽  
Cultural Management ◽  
World Community ◽  
Private Organizations ◽  
Thirtieth Anniversary ◽  
The World ◽  
The Republic ◽  
High Level

2021 year has become time for drawing the bottom line under the achievements in the field of culture and science for 30 years of independence of Kazakhstan. The high level of modern cultural potential, rich cultural heritage have become one of the leading factors in the formation of a positive image of Kazakhstan as a country with a distinctive culture and spiritual traditions that go deep into history. Creative personalities, public policy and private organizations contribute to the development and promotion of Kazakhstan’s art in the world, which invariably arouses interest of the world community. However, a problem of the popularization of Kazakh music, art, film and theater art is still relevant. In addition to examples of achievements and successful cases of Kazakhstan’s culture, in this article the authors try to consider the problem from the point of view of management in culture and show importance of the position of an art manager in the modern world of arts. To implement this issue, the authors studied publications on the achievements of various types of arts in recent years and also took into account reaction of domestic and foreign audiences to cultural products and projects from this area. This article lists specific achievements in the field of academic art. As the analysis of publications on this topic has shown, most of them were implemented by cultural figures in the last decade of independence of the republic. At the forefront is the question of the consistency and well-coordinated interaction of cultural management with the creative component of the academic sphere of art in Kazakhstan. And the most striking examples of successful cases of such interaction are given as well. This study has analytical value and can be presented at seminars and conferences as a demonstration of examples of achievements for reporting presentations in the year of the celebration of the thirtieth anniversary of Kazakhstan's independence.

scholarly journals CURRENT TRENDS OF AUTOTRANSPORT INSURANCE IN UKRAINE

2021 ◽  
pp. 94-107
Author(s):  
Olena MARTSENIUK
Keyword(s):  
Civil Liability ◽  
Road Transport ◽  
Legal Regulation ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
World Community ◽  
Land Vehicles ◽  
The World ◽  
Car Insurance

The research of the article is aimed at highlighting the essence and features of the functioning of the car insurance market in Ukraine. The study found that motor insurance is associated with profound economic and social changes in society due to mass motorization, the growth of the car fleet and traffic intensity, as well as huge material losses as a result of road accidents. It should be noted that freight transport is developing quite rapidly both within the country and abroad. At the same time, an increase in the number of intercity bus transportation, excursion and tourist bus services has been established, and as a result, international motor tourism is growing. It is proved that these factors contribute to the growth of accidents, losses in the transportation of goods, increase accidents with passengers and pedestrians on highways and, accordingly, material and social losses of society, population, commercial and government agencies. It is substantiated that insurance in general and civil liability insurance, as its integral part, is an infrastructure that helps to increase the efficiency of all areas of business. This determines the importance of the development of all types of insurance in Ukraine, taking into account the process of integration into the world community. It is established that the development of insurance market in our country should be based on the study and balanced use of experience of industrialized countries with long traditions in the insurance market, legal regulation of insurers and diversification of various types of insurance. However, it should be borne in mind that the world community has invented universal means of compensation, which is the most popular type of liability insurance worldwide – is the insurance of civil liability of owners of land vehicles. It provides for the payment of monetary compensation to the victim in the amount that would be collected from the owner of the vehicle on a civil lawsuit in favor of a third party for damage to life and health, as well as for damage or loss of property due to an accident or other road – transport accident due to the fault of the insured. Given the state and prospects of motorization in our country, as well as foreign experience in insurance market, we can say with confidence that liability insurance is one of the leading areas among other types of insurance. However, in its organization and implementation there are many different problems of legal, social, economic and organizational type. Recommendations on the prospects for the development of civil liability insurance of owners of land vehicles in Ukraine are given.

scholarly journals EXPERIMENTAL INVESTIGATION THROUGH THE PRISM OF FOREIGN EXPERIENCE

2020 ◽  
Vol 10 (86) ◽  
Author(s):  
Oleksandr Haborak ◽  
Keyword(s):  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Legal Traditions ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
General Order ◽  
Simplified Procedures ◽  
Organizational Features ◽  
Procedure Codes

The article analyzes the organizational features and legal regulation of the stage of pre-trial investigation in such countries as Germany, France, Sweden, Estonia, Kazakhstan, Moldova, Russia. The study of criminal procedure legislation of certain countries and its application in practice suggests that there is a tendency to optimize the pre-trial investigation. Most of the considered foreign countries in the construction of simplified procedures for the investigation of minor crimes along with objective factors (low degree of public danger of the act, the obviousness of the crime, the admission of suspects (accused) of their guilt) also proceed from such conditions as equality of arms, awareness and voluntariness of the decision of the suspect (accused) on simplification of criminal procedure, provision of a reasonable level of guarantees of the rights of participants of criminal proceedings, preservation of the general order. Analyzing the pre-trial investigation in different countries, it was concluded that in these countries there are attempts both to approve the common standards of criminal procedure and to preserve their national legal traditions. Ukraine is in the process of reforming its pre-trial investigation bodies. On July 1, 2020, Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Pre-trial Investigation of Certain Categories of Criminal Offenses" (as amended) entered into force, aimed at humanizing criminal proceedings in accordance with European legislation. Today, our state has already moved from the stage of adopting legislative initiatives to the consistent implementation of the provisions of this Law, which are enshrined, in particular, in the Criminal and Criminal Procedure Codes of Ukraine. In this regard, the positive experience of the studied foreign countries (especially such post-Soviet countries as Estonia and Kazakhstan, which have a common past with Ukraine and which have already made successful steps in this area) will be useful for domestic professionals to qualitatively and timely eliminate all conflicts and gaps that arise during the application of the Law № 2617-VIII "On Amendments to Certain Legislative Acts of Ukraine to Simplify the Pre-trial Investigation of Certain Categories of Criminal Offenses", make all necessary relevant decisions, and thus increase efficiency pre-trial investigation bodies.

scholarly journals Activities of Detective Units in the National Police of Ukraine: Current Status and Perspectives

2021 ◽  
Vol 81 (2) ◽  
pp. 149-153
Author(s):  
O. P. Zavorina ◽  
O. V. Fomin
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Current Status ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Private Detective ◽  
Procedural Code ◽  
The Law ◽  
National Police

Ukrainian law enforcement agencies are undergoing a long-term transformation from a system of punitive law enforcement agencies to European-style law enforcement agencies, which should focus on providing services to the population and respecting human rights. One of the areas of the reform was the introduction of the Detective project in the National Police of Ukraine. It should be noted that detective work in Ukraine is a new type of professional activity. However, it should be noted that legal regulation of detective work of both civil servants (law enforcement detectives) and private detectives is absent in Ukraine, although in many countries around the world private detective work is legalized and benefits society. The adoption of the Law "On Private Detective Activity" will allow to establish proper state control over this type of activity at the legislative level and will legalize private detective activity, which is actually carried out, is in demand and recognized by society. However, there is an indisputable opinion in Ukraine that law enforcement activities can be performed exclusively by state structures. And the introduction and operation of private detectives will put an end to the state monopoly in this direction. However, there are also positive points: first of all, several thousand private detective agencies and private detectives must come out of the shadow, pay taxes, report to the police about criminal offenses that are being prepared or committed, provide intelligence, etc. Based on the above, we conclude that legislative regulation of such activities is required for the full work of police and private detectives, including amendments to the Criminal Procedural Code of Ukraine, the Law of Ukraine "On Investigative Activities", departmental orders and instructions, in particular, to the Instruction on the organization of interaction of pre-trial investigative agencies with other agencies and units of the National Police of Ukraine in preventing criminal offenses. detection and investigation, approved by the order of the Ministry of Internal Affairs of Ukraine dated from July 7, 2017, No. 575.

scholarly journals THEORETICAL AND METHODOLOGICAL BASIS FOR THE STUDY OF THE CRIMEAN TATAR ETHNOPOLITICAL PROCESS

2019 ◽  
Vol 15 (2) ◽  
pp. 151-166
Author(s):  
K. N. AKHMADEEV
Keyword(s):  
International Law ◽  
Political Science ◽  
Political Process ◽  
Point Of View ◽  
Methodological Basis ◽  
Main Area ◽  
Important Phenomenon ◽  
The World ◽  
Crimean Tatar ◽  
Theoretical Developments

The article is devoted to such an important phenomenon in modern political science as the ethno-political process, as well as theoretical and methodological grounds for the study of the Crimean Tatar ethnopolitical process, which is one of the most ambiguous and controversial cases not only in modern Russia, but also in the world. The contradictory nature of the Crimean Tatar ethnopolitical process is determined by the controversy from the point of view of international law of the territory of Crimea — the main area of the process. Particular attention is paid to the theoretical and methodological features of the study of the ethnopolitical process as a category of political science. The essence and content of such a phenomenon as ethnopolitical mobilization and the possibility of using theoretical developments in this fi eld to study the Crimean Tatar ethnopolitical process are revealed.

Response of the world community to COVID-19 challenges in education (February – June 2020)

2020 ◽  
Author(s):  
Keyword(s):  
International Organizations ◽  
National Context ◽  
World Community ◽  
Foreign Countries ◽  
The World

The experience of foreign countries in responding to COVID-19 in education is analyzed and the recommendations of leading international organizations on the organization of instruction under the pandemic are summarized. The formats of the international community's response to the challenges of COVID-19 and the complexity of initiatives implemented within global guidelines, taking into account the national context, are revealed. The procedures for emerging from lockdown by countries are highlighted.

Features of legal regulation of the institute inquiry in the legislation of Ukraine and foreign countries

2021 ◽  
Author(s):  
Maryna Vandzhurak
Keyword(s):  
Czech Republic ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
The Czech Republic ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
The Republic ◽  
Simplified Procedure ◽  
Simplified Form

Problem setting. This article examines the legal regulation of the institute of inquiry in Ukraine and abroad. It is concluded that the institution of inquiry in foreign countries is inherently different from the national form of pre-trial inquiry, but has some similarities. In particular, the differences are in the establishment of different terms of pre-trial investigation, the subjects of the criminal investigation procedure, the specifics of the use of additional evidence, the presence of a mandatory condition – a guilty plea to the suspect, the prosecutor’s participation in the proceedings. The author identifies common features and differences of the institute of inquiry in Ukraine and other countries, which in turn allows to identify ways to improve existing legislation. The purpose of the article is to compare the legal regulation of the institution of inquiry in the current criminal procedure legislation of Ukraine and similar pre-trial investigation procedures in France, Germany, Austria, the Czech Republic (here in after – the Czech Republic), the Republic of Poland (here in after – Poland), Great Britain, Belarus, Kazakhstan in order to identify positive features in order to improve it. Analysis of recent researches and publications. The scientific works of Ukrainian scientists: N. I. Brovka, S. I. Simakov, O. V. Kerevych, K. B. Kalinovsky, etc. are devoted to the study of various aspects of inquiry in foreign countries. However, due to the lack of thorough research on the comparative analysis of the legal regulation of the institution of inquiry, as a simplified form of pre-trial investigation, with other countries, there is a need for such an analysis and highlight the positive aspects. Articles main body. The institute of inquiry belongs to a simplified form of pre-trial investigation, which speeds up the trial in order to ensure greater efficiency of the criminal justice system and reduce costs. Thus, the investigated form of pre-trial investigation came into force on July 1, 2020 in criminal procedure legislation, in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine to Simplify Pre-trial Investigation of Certain Categories of Criminal Offenses” № 2617-VIII of 22.11.2018. The need for inquiry as a simplified form of criminal proceedings is due, in particular, to the heavy workload of investigators (for example, the National Police) in cases of minor crimes, which are now called criminal offenses. Inquiry is conducted during the investigation of criminal offenses, special subject – the connoisseu of the subdivisions of the inquiry or the authorized persons of other subdivisions; inquiry is carried out in a short time – 72 hours in case of notification to the person on suspicion of commission of a criminal offense. Additional sources of evidence in criminal proceedings on criminal offenses, in addition to general sources of evidence, are also explanations of persons, results of medical examination, expert opinion, testimony of technical devices and technical means that have the functions of photography and filming, video or photo and filming, video recording. The procedure of simplified investigation of minor criminal offenses operates successfully in many foreign countries, in particular in the French Republic, the Kingdom of Spain, Kazakhstan, Germany, Austria, the Republic of Belarus, the Czech Republic, Poland. The simplified procedure in Poland does not apply to: – accused persons deprived of liberty, except in cases of prior arrest to the perpetrator of certain types of crimes; – minors; deaf, dumb or blind; – in the presence of reasonable doubts about the sanity of the suspect; – if the person does not speak Polish. The bodies investigating cases under the simplified procedure are the police, as well as other bodies authorized to conduct investigations (Article 471). The total term of the simplified investigation is 1 month. Regarding the legal regulation of the institute of inquiry in Austria, it should be noted that the preliminary investigation is carried out only in the form of inquiry. Immediate investigative actions related to the identification of the perpetrator, as well as other circumstances, are conducted by the police before the initiation of a criminal case and end with the transfer of all materials to the prosecutor. At the same time, the body of inquiry is authorized to carry out any investigative and operative-search actions (which is unique in comparison with Ukraine). It should be noted that a comparative analysis of the criminal procedure legislation of foreign countries allows to state the existence of a tendency to improve the pre-trial investigation towards its simplification. In international activities in the field of simplification of criminal procedure, there is a direction to adhere to such forms of justice that would optimally take into account the gravity of the crime, the consequences that may occur as a result. It is as a result of such simplification of criminal proceedings that it is possible to ensure procedural savings of forces, time and resources of participants in criminal proceedings. Conclusions and prospects for further research. As for the overall impact of criminal offenses on the criminal justice system, it should be agreed that it is mostly positive. The system itself has become more humane as the number of detentions has decreased and the number of precautionary measures applied during the investigation has been minimal. This is one of Ukraine’s important commitments to the Council of Europe. The average length of a pre-trial investigation has accelerated by about half. This article will be useful for scholars studying the features of forms of pre-trial investigation, as it contains a comparative study of the institute of foreign inquiry and national criminal procedure law. Attention is also focused on some problematic issues related to the simplified form of pre-trial investigation. It can serve as a springboard for scientists to further research the institute of inquiry.

scholarly journals Robberies and Some Features of the Methodology of Investigating Robberies

2018 ◽  
Vol 3 (4) ◽  
pp. 15
Author(s):  
Duraković Adnan
Keyword(s):  
Police Officers ◽  
Point Of View ◽  
Criminal Investigation ◽  
Criminal Offense ◽  
Bodily Injury ◽  
Criminal Offenses ◽  
Sense Of Security ◽  
Criminal Control ◽  
Technical Measures ◽  
Strategic Goal

Robberies are crimes that particularly negatively and significantly affect the subjective sense of security (but also objective) in society. Special significance of robberies is that they are often on the edge of murder or serious bodily injury. From the criminal law and criminal investigation point of view, robberies range from the so-called "simple" cases in terms of their discovery and clarification to the very serious armed raid on individuals, money transport, legal persons such as banks and other monetary institutions. The suppression of property crimes, especially the part which includes delicts that are carried out using coercion (force and / or threat) like robberies, can be successfully carried out by methods that could be called criminalistic methods. These methods represent a kind of criminalistic engineering - criminal investigation engineering. Criminalistic engineering is all about adjusting criminal investigation tactics, forensic and legal actions and measures to special features of criminal offenses. When carrying out criminal investigation, authorized police officers must constantly take care of the so-called operational criminalistic strategy that rises above the tactical processing of a particular criminal offense, and is aimed at the creation and implementation of a complex of operational-tactical and technical measures and actions with the strategic goal of combating criminality as a whole. This is reflected in the organizational structure of the police and also in the way of criminal control which implies permanent, continuous and systematic penetration and supervision of the so-called the "dark belt" of crime.

scholarly journals Criminal Liability for Cryptocurrency Transactions: Global Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 304
Author(s):  
Volodymyr Cherniei ◽  
Serhii Cherniavskyi ◽  
Viktoria Babanina ◽  
Оlena Tykho
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Significant Part ◽  
Government Agencies ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The World

The article examines the features of criminal liability for transactions related to the circulation of cryptocurrencies. In order to determine the specifics of criminal violations in the field of cryptocurrency circulation, the legal nature of cryptocurrencies is studied. It is concluded that in order to properly qualify criminal offenses related to the circulation of cryptocurrencies, it is advisable to recognize cryptocurrencies as a type of property or money. The article analyzes the global approaches to the legal regulation of relations related to the circulation of cryptocurrencies. Based on the results of this analysis, it is concluded that relations regarding cryptocurrencies in most countries of the world are insufficiently regulated and are still outside of the legal field. This complicates, inter alia, the establishment of criminal liability for transactions involving the circulation of cryptocurrencies. A significant part of the article is devoted directly to the study of criminal liability for transactions involving the circulation of cryptocurrencies in different countries. The norms of the Criminal Codes, which establish liability for criminal violations in the field of cryptocurrency circulation, are analyzed. The measures that need to be implemented to ensure the control of government agencies over the circulation of cryptocurrencies and the security of all operations related to cryptocurrencies are identified.

scholarly journals Legal Regulation of Cryptocurrency Emission and Allocation: Trends and Prospects

2020 ◽  
Vol 15 (6) ◽  
pp. 55-63 ◽  
Author(s):  
M. A. Egorova ◽  
A. V. Belitskaya
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
The State ◽  
Philosophical Question ◽  
Foreign Countries ◽  
Legal Nature ◽  
The World ◽  
Recent Trends ◽  
The Russian Federation

Recently, the legislation on cryptocurrencies has been rapidly developing both in foreign countries and in the Russian Federation. The paper analyses trends and prospects of legal regulation of cryptocurrency emission and allocation, represents various approaches to this issue in the international arena. The author provides us with a thorough analysis of recent trends in the development of legislation on the emission and allocation of cryptocurrencies in the world, substantiates the theses that states are constantly seeking to settle the digital realm. By defining the legal nature of cryptocurrencies and referring them to a particular object of legal regulation, the state streamlines and systematizes the rules that will be applied to mining and ICO. Whether the market is interested in such regulation is a philosophical question, but the state as a sovereign cannot afford to recognize (the lack of regulation should be treated as a tacit recognition in this case) the existence of cryptocurrency as an alternative to the national payment unit.

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