scholarly journals Criminality in the Armed Forces of Ukraine as an object of criminological research

2021 ◽  
Vol 1 (12) ◽  
pp. 103-114
Author(s):  
Puzyrov M. S. ◽  
Keyword(s):  
Law Enforcement ◽  
Military Service ◽  
Armed Forces ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Criminological Research ◽  
First Case ◽  
Criminal Offenses ◽  
Special Part ◽  
The Status

The article analyzes criminality in the Armed Forces of Ukraine as an object of criminological research. The expediency of studying criminality in the Armed Forces of Ukraine in both broad and narrow senses is found. In the first case, the analyzed type of criminality has its general criminal nature and is represented by a set of criminal offenses, the commission of which is possible both by servicemen of the Armed Forces of Ukraine and other entities. This is the so-called general criminality represented by such criminal offenses as injuries of varying severity, murders, theft, etc. In a narrow sense, criminality in the Armed Forces of Ukraine is considered as a set of relevant criminal offenses, the commission of which is possible only through the person’s presence in the status of a special entity, which in this context is a serviceman of the Armed Forces of Ukraine. In this case, it’s about criminal offenses against the established procedure for military service (military criminal offenses), provided in Section XIX of the Special Part of the Criminal Code of Ukraine. The concept of “crime prevention in the Armed Forces of Ukraine” is scientifically substantiated and defines as a set of special organizational, administrative, criminal law, criminal procedural, criminal-executive and operative-search measures of specially authorized units of the Armed Forces of Ukraine in cooperation with law enforcement agencies on prevention and cessation of criminal-illegal encroachments regarding the established order of military service, economic, violent, mercenary-violent (etc) orientation in the Armed Forces of Ukraine, which are carried out on the basis of constitutional and special-branch norms and principles concerning defined groups or individually defined persons, methods and means provided by the current legislation. Key words: Armed Forces of Ukraine, military servicemen, criminological research, criminality, determinants, prevention.

scholarly journals Crime In Ukraine: Consequences Of Emergencies And Catastrophes

2019 ◽  
pp. 155-166
Author(s):  
I.B. Medytskyi
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Economic Losses ◽  
Actual State ◽  
Law Enforcement Agencies ◽  
Effective Prevention ◽  
Criminal Offenses ◽  
The Status ◽  
The Face

Through quantitative and qualitative analysis of the effects of the phenomenon, the article focuses on the magnitude and social dangers of modern careless crime associated with emergencies and disasters. The emergence of the latter is becoming increasingly real in the face of unacceptable public policy, lack of effective controls, effective prevention mechanisms, inaction of control and oversight bodies and corrupt components in conducting inspections. The criminogenic dimension of socio-humanitarian and socio-economic losses of society is outlined: in the form of dead and injured persons, material losses, destroyed and damaged buildings and structures; the dynamics of emergencies was evaluated. It is argued that human resource reductions, physical harm to health, property and other losses are relevant to the development and implementation of effective state counteraction policies. The position was expressed on the urgent need to adopt a long-term concept of prevention (prevention) of offenses and approval of a plan of measures aimed at its implementation. The current level of lawmaking does not meet the requirements of systematic and interconnectedness in terms of adoption of regulatory acts by the legislative and executive branches of government. The enforcement level, as the level of implementation of the policy of combating negligent crime related to emergencies and catastrophes, does not explicitly take into account the danger of its consequences. On the basis of the analysis of the statistical information of judicial and law enforcement agencies (2014-2018), the status of pretrial investigation and trial of cases of individual crimes against public safety and security of production was determined. The ineffectiveness of the work of the bodies of the prosecutor’s office in the part of the pre-trial investigation of criminal offenses envisaged by art. 270, 271-273, 275 of the Criminal Code ofUkraine was emphasized. The number of cases examined by the courts of Ukraine, as well as data on individuals whose life, health or material status were harmed, do not correspond to the actual state of negligent crime in the relevant sphere on a national scale.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

scholarly journals Some questions of the history of the formation of the system of criminalistic knowledge

2021 ◽  
pp. 218-225
Author(s):  
V. O. V. O.
Keyword(s):  
Law Enforcement ◽  
Historical Development ◽  
Scientific Research ◽  
The State ◽  
Historical Period ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Special Part ◽  
History Of ◽  
Historical Periods

The article discusses the problematic issues of the historical preconditions for the formation of the system of criminalistics knowledge. Analyzed the scientific works of scientists and practitioners of law enforcement agencies regarding the system of criminalistics knowledge and criminalistics science. The importance of taking into account the historical period regarding the formation of the structure and system of criminalistics knowledge is emphasized. Systematization of criminalistics knowledge took place in several stages. Thus, one of the first to summarize and classify criminalistics knowledge was Hans Gross. Similarly, SM Tregubov and RA Reiss attempted to form a system of criminalistics knowledge in their scientific works. A. I. Vinberg and B. M. Shaver in their work argued for the need to distinguish in criminalistics science of the general and special part. In certain historical periods, different views were proposed on the formation of a system of criminalistics knowledge, which is associated with the historical development of society at that time, the state of scientific research on the detection, detection and investigation of criminal offenses. Depending on the historical stages, practitioners and scientists offered their own system of criminalistics knowledge and criminalistic science.

scholarly journals Anti-corruption: strategy and practice

2021 ◽  
pp. 87-101
Author(s):  
M. Kornienko ◽  
V. Tertyshnyk
Keyword(s):  
Law Enforcement ◽  
State Government ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Prevention Act ◽  
The Status ◽  
Crime Detection ◽  
The Law ◽  
Improvement Of Legislation

The problems of the anti-corruption strategy, issues of elimination of criminal factors, improvement of legislation and the activities of law enforcement agencies are analyzed. Anti-corruption problems should be solved systematically in a set of integrative measures of state-political, socio-economic, national-cultural, informational, criminological, legal and moral. The priorities of the implementation of such a course are the urgent implementation of such strategic principles as DE monopolization, DE offshorization, requisition of energy security facilities, demarcation of business and power, and ensuring effective tax and customs policy. The effective mechanism against corruption is the disengagement of power and business, the elimination of factors of political corruption. It is proposed in the Law on the Prevention of Corruption, as well as in the laws regulating the status of civil servants, to enshrine the requirement of impeccable business reputation and integrity. A system of new legislation should be developed and adopted: the Code of Evidence, the Code of Law Enforcement, the Investigator Status Function Act, the Detective Status Act, the Jury and World Court Act, and the Crime Detection, Prevention and Prevention Act. It is proposed to state the disposition of the law of the Criminal Code of Ukraine on illegal enrichment in accordance with Article 20 of the UN Convention against Corruption of 31.10.2003. In particular, it is proposed to consolidate the responsibility of officials for a significant increase in assets that exceed the total assets of zero declaration and legal wages in the public service. The mechanisms of the state government should provide for the function of prosecutorial supervision over the enforcement of anti-corruption legislation in the activities of enterprises, executive authorities and local government. Systemic proposals are being made for the formation of a strategy and a comprehensive anti-corruption programed.

scholarly journals Illegal crossing of the State Border of Ukraine: some aspects of elements of crime

1970 ◽  
pp. 315-320
Author(s):  
Yurii Kuryliuk
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Precise Determination ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Public

The article analyzes elements of the crime covered by the Article 332-2 of the Criminal Code of Ukraine, establishing criminal liability for illegal crossing of the State Border of Ukraine, and also discloses peculiarities of the criminal legal qualification of this action. It is determined that as the patrimonial object of the crime under the Article 332-2 of the Criminal Code of Ukraine should be considered homogeneous social relations, covering a certain sphere of the public life that is the border security of Ukraine, violation of which causes socially dangerous harm to the components of this sphere that is defense of the State and its border protection, sovereignty, territorial integrity and inviolability. The direct object of this crime is the public relations, which provide for the normatively established and regulated procedure for crossing the State Border of Ukraine. It has been established that the procedure for crossing the State Border of Ukraine may manifest itself in several forms: 1) by any means (by foot, by auto transport, by swimming etc.) outside the checkpoints across the State Border of Ukraine; 2) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine without the relevant documents; 3) by any means (whether hidden or breaking through, or not) at checkpoints across the State Border of Ukraine with the documents, containing inaccurate information. Should not be underestimated the blanket nature of the disposition of the mentioned article that requires precise determination of the relevant regulatory acts, determining the list of documents that are necessary for crossing the State Border of Ukraine by a certain category of people, and also confirm the fact of opening a specific checkpoint across the State Border of Ukraine. The disposition of the Article 332-2 of the Criminal Code of Ukraine defines several groups of subjects, in particular: 1) a person who is prohibited from entering the territory of Ukraine; 2) a representative of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor; 3) a person with the aim to illegally cross the State Border of Ukraine for harming the interests of the State. Moreover, it was established that the aim for “harming the interests of the State” is not necessary for the illegal crossing of the State Border of Ukraine by persons who are prohibited from entering the territory of Ukraine, or by representatives of a unit of the armed forces or other law enforcement agencies of the State who is an aggressor. The criminalization of the illegal crossing of the State Border of Ukraine is an important aspect of creating conditions for the proper protection of the vital interests of an individual, the society and the State from real and potential external and internal threats in the border space of Ukraine.

Criteria for Establishing the Status of Law Enforcement Officers under Criminal Legislation of Ukraine

2021 ◽  
Vol 13 (2) ◽  
pp. 9-10
Author(s):  
Stanislav Eftemij
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Abuse Of Power ◽  
Study Results ◽  
Domestic Legislation ◽  
The Status ◽  
Criminal Legislation

The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceed power or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of division of their system are described. The criteria for determining the status of law enforcement officers are established, and the features that distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in the Criminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. The concepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcement powers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation are also investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal law scholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Desert Society

2018 ◽  
pp. 69-106
Author(s):  
Clinton Bailey
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Common Descent ◽  
The Bible ◽  
The Status

Dwelling in dispersion and far from any governmental law enforcement agencies that could provide them security, nomadic desert dwellers needed ways to protect themselves from violations such as murder, assault, insult, and theft. They achieved this security mainly by forming groups based on blood kin, or people of common descent, people whom they believed would honor claims of common loyalty and cooperation when problems with others arose. Each group they organized had a specific security function. The tribal structure of the Israelites as randomly noted in the Bible bears several similarities to that of the Bedouin. This chapter explores these similarities as well as their impact on the status and roles of the genders and on the institution of matrimony in both societies.

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 Current problems of outlining the list of law enforcement agencies of Ukraine: theoretical and legal principles and significance for law-enforcement practice (on the example of the State Emergency Service of Ukraine)

2020 ◽  
Vol 3 (3) ◽  
pp. 83-89
Author(s):  
Volodymyr Ivantsov
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Practical Implementation ◽  
Government Agencies ◽  
Law Enforcement Agencies ◽  
Legal Principles ◽  
The Status ◽  
Basic Functions ◽  
Legal Position ◽  
State Body

It is emphasized that the current legislation uses the terms "law enforcement agency", "law enforcement officer", which is directly correlated with law enforcement activities, which in turn indicates the unconditional relevance of the current study. This article analyzes the current legislation in order to separate law enforcement agencies from other government agencies, in order to assign certain positions of government agencies to law enforcement officers. As a result, the imperfections of the definitions of Ukrainian legislation for unambiguous identification of both law enforcement activities and the list of law enforcement agencies have been established. Theoretical and legal bases for establishing the affiliation of a state body to the list of law enforcement agencies in terms of practical implementation of current regulations are obtained by assessing the status of the Civil Service of Ukraine for Emergencies, namely: the assignment of a body to law enforcement should be carried out separately , taking into account the legal position (status) of such body defined in normative legal acts; if the endowment of a certain entity with the status of a law enforcement body has not occurred normatively, it is necessary to proceed from the analysis of the purpose (tasks) and basic functions assigned to a particular body and, accordingly, the powers vested in such a body It has been proved that SES bodies do not belong to law enforcement bodies, as they belong to the unified state system of civil protection (SES bodies are not assigned law enforcement tasks and / or functions; they are not endowed with law enforcement powers), and their officials cannot be recognized as law enforcement officers. body. It is emphasized that the legal approach proposed by the author to establish the affiliation of a state body to the list of "law enforcement agencies" may be fully applicable to other subjects of power, which in the future will provide an opportunity to outline the comprehensive range of law enforcement agencies in Ukraine.

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