scholarly journals Current issues against smuggling in Ukraine

2021 ◽  
Vol 28 ◽  
pp. 145-151
Author(s):  
K. V. Shustrova ◽  
M. O. Bohatyrova
Keyword(s):  
Cultural Values ◽  
Rare Species ◽  
Criminal Liability ◽  
Criminal Code ◽  
Alcoholic Beverages ◽  
Legal Responsibility ◽  
Tobacco Products ◽  
Official Position ◽  
Definition Of ◽  
Special Competence

It is determined that in Ukraine there is an administrative and criminal liability for smuggling. Therefore, depending on the legal responsibility that is provided during the implementation of smuggling, smuggling is divided into: 1) smuggling, for which criminal liability is provided; 2) smuggling, for which administrative liability is provided. In addition, it is concluded that based on the definition of smuggling and directly the objects of smuggling, the following types of smuggling can be distinguished: 1) smuggling of historical and cultural values; 2) smuggling of explosives, radioactive materials, weapons or ammunition (except for smooth-bore hunting weapons or ammunition), parts of firearms; 3) smuggling of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export outside the customs territory of Ukraine; 4) smuggling of narcotic drugs, psychotropic substances, their analogues or precursors or falsified drugs; 5) smuggling of special technical means of covert receipt of information; 6) others. It has been established that in addition to the listed items of smuggling, criminalization requires the smuggling of valuable and rare species of animals and plants and (or) endangered animals and plants, microbiological or other biological agents or toxins, transplant organs or human tissues, etc., as well as some types of smuggling in the field of transportation of goods and materials. Therefore, it is proposed to supplement the definition of smuggling by moving across the customs border of Ukraine outside customs control or with concealment from customs control of alcoholic beverages, tobacco products committed in significant amounts. And also Art. 201 of the Criminal Code to supplement the provisions on smuggling of alcoholic beverages, tobacco products committed in large amounts and in especially large amounts, as well as committed by prior conspiracy by a group of persons or a person previously convicted of a crime under this article or an official using official position. It is determined that in accordance with the most common classification of state bodies by the criterion of the breadth of competence, there are state bodies of general and special competence. If we follow this classification, the general bodies of counteraction to smuggling are state bodies of general competence, which are the Cabinet of Ministers of Ukraine, the President of Ukraine, the Verkhovna Rada of Ukraine. The bodies of special competence are the security forces, judicial and law enforcement agencies.

scholarly journals Some features of the criminal law regulation of liability for sexual abuse against children in some European countries

2020 ◽  
Vol 4 (4) ◽  
pp. 329-335
Author(s):  
Vadym Dyadichko
Keyword(s):  
Sexual Abuse ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
European Countries ◽  
Official Position ◽  
Depth Analysis ◽  
The Republic

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for sexual abuse of children by analyzing the latest changes and additions to the Criminal Code of some European countries. One such way is to criminalize such an act as "cybergrooming". The analysis of the relevant criminal law of the Kingdom of Belgium, the Republic of Bulgaria and the Kingdom of Spain has allowed to conclude that the approach of the legislator of the Republic of Bulgaria to the regulation of criminal liability for "cybergrooming" seems to be worth worth studying its practical application in order to determine the possibility of future borrowing by the domestic legislator. In addition, on the positive side, the Criminal Code of this state has criminal liability for lewd acts or sexual intercourse with a minor engaged in prostitution. The Criminal Code of the Kingdom of Spain deserves attention to the existence of a single rule (Article 183), which includes various manifestations of sexual violence against children. The author has noted that such an approach of the legislator of this state also requires a separate, more in-depth analysis for its possible borrowing by the domestic legislator. In addition, it is worth studying the issue of separate criminalization in the Criminal Code of Ukraine as sexual violence, sexual intercourse with persons aged sixteen to eighteen, committed with the use of influence on the victim in such ways as: fraud or abuse of trust, abuse of official position by an official.

scholarly journals New Grounds of Criminal Liability for Inducement to Suicide and Other Life-Threatening Behavior

2018 ◽  
Vol 12 (3) ◽  
pp. 349-357
Author(s):  
Roman Sharapov ◽  
Evgeniy Smakhtin
Keyword(s):  
Aggressive Behavior ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Psychological Disorder ◽  
Wide Spread ◽  
Life Threatening ◽  
Self Harm ◽  
Definition Of ◽  
Criminal Legislation

The paper analyzes the criminal policy and legal evaluation of inducement to suicide and other life-threatening behavior in view of the changes in criminal legislation in June 2017. The authors show that the key social condition for introducing new grounds for criminal liability for inducement to suicide and other life-threatening behavior is the wide-spread cases of inducement of children and teenagers to suicidal and other life-threatening behavior via the Internet. The authors also present criminal legal characteristics of the differentiation between homicide by taking your own life and inducement to (counseling, aiding) suicide, and the definition of crimes in cases of factual error. They recommend classifying the actions under Art. 110-110.2 of the Criminal Code if the intent of the offender includes the fact that a person will deliberately and understandingly take his/her life. In contrast, the involvement of a person into auto-aggressive behavior connected with causing their own death by counseling such an act or any other inducement to it when the offender is aware that, due to age or psychological disorder, the victims do not understand the character and meaning of the actions carried out with them should be classified as a murder. The concept of the victims helplessness in the crimes of inducement to suicide should be interpreted in a restrictive way; such victims should be understood as being physically but not psychologically helpless. Criminal liability for the propaganda of auto-aggressive behavior (excepting suicidal behavior), connected with self-harm should be regulated under Part 3, Art. 239 of the Criminal Code.

Ramy odpowiedzialności dyscyplinarnej studenta

2020 ◽  
pp. 23-39
Author(s):  
Mateusz Woiński
Keyword(s):  
Higher Education ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Penal Liability ◽  
Definition Of

The main aim of the paper is to discuss legal frames of disciplinary liability of students under the Higher Education and Science Act of 20 July 2018. Assuming that disciplinary liability constitutes a type of sensu largo penal liability, the stress is put on the shortcomings of current regulations in terms of the limits of this kind of legal responsibility. Since the definition of ‘disciplinary misconduct’ is partial, the author concentrates on whether the provision requiring disciplinary bodies to apply – mutatis mutandis – the provisions of the Code of Criminal Procedure in matters not governed by the Higher Education and Science Act, enables (or even obliges respective authorities) to apply provisions contained in chapters I-III of Criminal Code.

Compulsory Educational Measures

2021 ◽  
pp. 71-85
Author(s):  
Pudovochkin Yu. E. ◽  
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Criminal Cases ◽  
Documentary Analysis ◽  
Application Procedure ◽  
The Law ◽  
Definition Of

Problem Statement. Improvement of juvenile justice presupposes active and priority application of alternative measures to criminal punishment. Such, according to the Criminal Code of Russia, are compulsory educational measures, which are imposed in the order of exemption from criminal liability or from criminal punishment. Their proper application implies a clear definition of the content of educational measures, clarification of the order of their appointment and execution. Nevertheless, these matters are not fully regulated in the law, which poses a inconsistent practice of their application and ultimately reduces the effectiveness of juvenile justice. In this regard, the task of concretizing the content of compulsory educational measures is seen as urgent. Goals and Objectives of the Study. Specification of the normative prescriptions that define the content of compulsory educational measures and the determination on this basis of the main directions for improving the application practice of the provisions of Art. 90 and Art. 92 of the Criminal Code of the Russian Federation. Methods. Formal-logical analysis of the legal acts that determine the content, application procedure and execution of educational measures; study and critical assessment of literature on the research topic; statistical analysis of judicial practice; documentary analysis of court files in criminal cases. Results, Summary Conclusions. The list of compulsory educational measures established by the law is adequate to the tasks of correcting juvenile offenders and preventing crimes on their part. However, improving the quality of justice in criminal cases involves: disclosure of the content of such a measure of influence as a warning in the text of a judicial act; unification of ideas about the state body, under the supervision of which minors can be transferred and the recognition as such of the territorial commission on minors; the definition of such a measure as the imposition of the obligation to make amends for the harm caused analogously to other situations of exemption from liability and the use of this measure as a backup; normative establishment of the terms for the application of such measures of influence as warning and imposition of the obligation to make amends for the harm caused; further study of regional differences in the enforcement of compulsory educational measures.

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 On the issue of countering the spread of coronavirus disease (COVID-19) by means of administrative and criminal law

2021 ◽  
Vol 1 (15) ◽  
pp. 76-90
Author(s):  
Viacheslav Ivanovych Borysov ◽  
Daryna Petrivna Yevtieieva
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Main Task ◽  
Criminal Offense ◽  
European Court ◽  
Protection Of Human Rights ◽  
Legislative Changes

The study highlights the dynamics of legislative changes and the current state of legal regulation of administrative and criminal liability for violations of quarantine rules. The shortcomings of the relevant legislative provisions were revealed, in particular, a conclusion was made about the violation of the principle of system-legal coherence of administrative and criminal legislation. Thus, there are issues about the delimitation of the provisions of the administrative provided in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and criminal offenses provided in the Art. 325 of the Criminal Code (in terms of such consequences as the threat of harm, specified in the part 1 of the Article 325 of the Criminal Code of Ukraine). In addition, there is an excessive severity of sanctions in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and their incompatibility with the sanctions of the Art. 325 of the Criminal Code of Ukraine. In the context of the settled case law of the European Court of Human Rights the fine under the part 1 of the Art. 443 of the Code of Administrative Offenses based on its size and subject to appointment may be recognized as corresponding to a criminal offense within the meaning of the Art. 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Another drawback of the legislation is the lack of enshrining a criminal offense for violating quarantine regulations. On the basis of the conducted research it is offered to make changes to norms of the Art. 44-3 of the Code of Administrative Offenses and the Art. 325 of the Criminal Code of Ukraine in order to optimally regulate legal responsibility for violation of sanitary rules and regulations for the prevention of infectious diseases and mass poisoning (Article 325 of the Criminal Code), as well as quarantine rules (the Art. 44-3 of the Code of Ukraine on Administrative Offenses). The main task of such changes is to construct a consistent chain of normatively established offenses in the field of compliance with quarantine rules (administrative offense - criminal offense – non-grave offense – grave offense) with adequate and proportionate responsibility for their commission.

scholarly journals Perspective on Criminalization of Smuggling of Goods

2021 ◽  
Vol 1 (15) ◽  
pp. 150-161
Author(s):  
Yurii Vasylovych Grodetsky
Keyword(s):  
Rare Species ◽  
Criminal Code ◽  
General Description ◽  
Criminal Offense ◽  
Psychotropic Substances ◽  
Official Position ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Falsified Medicines ◽  
The One

The article examines the perspective on criminalization of smuggling of goods arising in connection with the Draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on criminalization of smuggling of goods and excisable goods and inaccurate declaration of goods» (№ 5420). The Draft Law provides for the following criminal offenses: smuggling (Article 201); transporting across the customs border of Ukraine out of customs control or with concealment from customs control of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export out of the customs territory of Ukraine (Article 201-1); smuggling of goods (Articles 201-2); smuggling of excisable goods (Articles 201-3); smuggling of narcotic drugs, psychotropic substances, their analogues or precursors or falsified medicines (Article 305). They form a homogeneous group of actions, between which there must be systemic connections. It follows that the reasons for formulating the peculiar title of Article 201-1 are missing. The title of this article should be formulated as follows: «Smuggling of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export out of the customs territory of Ukraine». It was found that Article 201-2 of the Draft Law provides for the general description of a criminal offense, and the description of criminal offenses specified in Articles 201, 201-1, 201-3 and 305 of the Draft Law are peculiar. In this regard, it seems appropriate to swap the Criminal Law provisions of Articles 201 and 201-2 of the Draft Law. In Section 4 of Article 201-4 of the Draft Law, the phrase «assistance in any form by a customs official to commit such acts with the use of power or official position» is not a qualifying feature, but an independent structure. If there is a need to criminalize this act, it may be provided for in a separate article or should be specified in a separate section of Article 201-4 of the Draft Law as an independent act. It is established that on the one hand, the criminalization of smuggling of goods is an urgent need in Ukraine, on the other side the present Draft Law of Ukraine cannot effectively address this issue, as it requires additional elaboration.

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 PROBLEMS OF CRIMINAL - LEGAL ASSESSMENT OF REHABILITATION NAZISM AS AN INTERNATIONAL CRIME

2021 ◽  
Vol 31 (5) ◽  
pp. 882-890
Author(s):  
V.V. Rovneyko
Keyword(s):  
International Law ◽  
Russian Federation ◽  
International Crime ◽  
Criminal Liability ◽  
Criminal Code ◽  
Cooperation Agreement ◽  
Scope Of Application ◽  
The Russian Federation ◽  
Basic Concepts ◽  
Definition Of

The article deals with the problems of international law and criminal law related to the establishment of criminal liability for attempts to "rehabilitate Nazism" and the definition of signs of the corpus delicti for in Article 354 of the Criminal Code of the Russian Federation. In the article there are analyze correspondence of the signs of the corpus delicti by the nature and degree of crime public danger, and also concludes about necessary to conclude an international cooperation agreement for countering Nazism, adopt a national law defining the basic concepts and directions for such counteraction, as well as change the content of Article 354 of the Criminal Code of the Russian Federation in order to bring the nature and degree of public danger into line with those that a crime against the peace and security of mankind should possess, and that the scope of application of this article in attempts to rehabilitate Nazism was not limited only to the content of the verdict of the Nuremberg Tribunal, which, for all its indisputable significance, is not the only one international and court act condemning the crimes of the Nazis and their accessories.

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