scholarly journals Protection of public relations in the field of amber mining in Ukraine: legal aspect

2021 ◽  
pp. 124-128
Author(s):  
Y.A Kholod ◽  
I.M Pogrebnoy ◽  
K.O Chyshko ◽  
D.S Heta ◽  
O.P Shaituro
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Protection Legislation ◽  
Legal Concepts

Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.

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.

scholarly journals Criminal Liability for Provoking Bribery

2021 ◽  
Vol 39 (69) ◽  
pp. 492-512
Author(s):  
Oksana Stepanenko ◽  
Andriy Stepanenko ◽  
Maryna Shepotko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Analytical Method ◽  
Criminal Liability ◽  
Law Enforcement Agencies ◽  
Distinctive Features ◽  
Historical Method ◽  
Legal Documents ◽  
New Challenges ◽  
Quantitative Indicators

In modern conditions of development of public relations complication of activity of law enforcement agencies is observed. This is due to new challenges in the law enforcement system, including the fight against high levels of the organization and the criminal professionalism of corrupt individuals. Because of this, it is challenging for operational units to identify specific facts of illegal actions with the help of operational and investigative measures. At the same time, the fight against crime by establishing high quantitative indicators of disclosure remains one of the principles of law enforcement in Ukraine, including sometimes deviating from those means established by law. Therefore, the problem of provoking bribery is relevant for scholars of the legislator and law enforcement. The object of the study is criminal liability for provoking bribery. The research methodology consists of such methods as the dialectical method, analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling method. The authors identified the features of such liability to clarify the problematic issues of qualification of provoking bribery, and to distinguish the distinctive features of prosecution from other types of crimes.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Features of bringing drivers to administrative responsibility under art. 124 of the Code of Ukraine of Administrative offences in the context of damage of a component of road service objects: problems and solutions

2021 ◽  
Vol 1 (1) ◽  
pp. 138-143
Author(s):  
Rostyslav Molchanov ◽  
Maksym Shevyakov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Police Officers ◽  
Fundamental Principle ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Applicable Law ◽  
Problems And Solutions ◽  
The Law ◽  
Substantive Law

The dynamic development of social relationships, in particular on transport, requires immediate and timely regulatory and legal improvements. First of all, it is necessary to prevent violation of the Constitution by law enforcement agencies and laws of Ukraine in the process of law enforcement. Very often the representatives of Themis, due to the normative unregulated aspects of public relations, apply the existing legal norms of the law, which in certain unprecedented circumstances of the case are not applicable, although they are, at first glance, true. Existing gaps in regulations violate the fundamental principles of responsibility of the perpetrators in particular, the principle of "inevitability of punishment", which is the beginning of the formation in society of nihilistic sentiments, stereotypes of anomie. In this work, we will consider the facts of non-compliance by courts with the task of proceedings in cases of administrative offenses in the field of road safety the central of which is non-compliance with the resolution of the case in strict accordance with the law, and also the ways to resolve this issue. Making detailed analysis of situations regarding breakaway (damage) of the refueling pistol at the gas station by drivers of vehicles due to the vital factors (inattention, haste, etc.) we find out the defects in law enforcement activities of police officers who at the scene of the accident qualify the actions of the perpetrator as a traffic accident. After the procedural registration of this delict, the materials of the administrative case, according to the jurisdiction, are sent for consideration to the court of first instance, where judges incorrectly operate the rules of applicable law, erroneously apply substantive law and violate procedural rules. The consequence of this is a violation of the fundamental principle of "rule of law", the provisions of which are enshrined in in Art. 8 of the Constitution of Ukraine.

scholarly journals Responsibility for violations of quarantine and sanitary rules and standards for preventing the spread of coronavirus infection (COVID-19) by law

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Law Enforcement ◽  
Infectious Diseases ◽  
Death Penalty ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Current State ◽  
Foreign Countries ◽  
Coronavirus Infection

The article analyzes the current state of legal support of quarantine requirements and sanitary rules and regulations for the prevention of infectious diseases in foreign countries and Ukraine. To achieve this goal, an analysis of the current legislation of some foreign countries and Ukraine on the grounds for establishing liability for violation of quarantine and sanitary norms and rules. It has been established that the COVID-19 pandemic has forced the governments of different states to introduce administrative and criminal liability in case of violation of quarantine and sanitary norms and rules. To ensure these measures, penalties for non-compliance with the quarantine regime have been introduced, with penalties ranging from warning to imprisonment and even the death penalty. It is established that in Ukraine the issues of administrative and criminal liability for violation of quarantine and sanitary rules and regulations for the prevention of infectious diseases are regulated by Articles 42, 44-3 of the Code of Administrative Offenses and Article 325 of the Criminal Code of Ukraine. It is determined that one of the problems of ineffective application of Articles 44-3, 42 3 of the Code of Administrative Offenses and Article 325 of the Criminal Code of Ukraine is an array of new rules for the prevention of COVID-19, which is constantly changing and introduced by various law enforcement agencies. The study found that despite the adoption of regulations that established liability for violations of statutory rules and regulations introduced by both foreign countries and Ukraine to prevent COVID-19, they have a number of legal conflicts, inconsistencies and gaps. Keywords: quarantine, administrative responsibility, criminal responsibility, infectious diseases, coronavirus, prevention

scholarly journals On exemption from criminal liability for unlawful restriction of competition (the Article 178 of the Criminal Code of the Russian Federation)

2021 ◽  
pp. 1-13
Author(s):  
Ol'ga Evgen'evna Derevyagina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the notes to the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses; foreign antimonopoly legislation on exemption and mitigation of liability for cartels; decisions of the plenums of higher judicial instances of the Russian Federation regarding the grounds and procedure for exemption from liability for cartel agreements; draft of the federal law on introducing amendments to the Article 178 of the Criminal Code of the Russian Federation and antimonopoly practice on cartels. The article aims to examine the grounds for exemption from criminal liability for cartel agreements, including in comparative-legal and interdisciplinary aspects. The novelty of this research consists in establishing extension of the grounds for exemption from liability in the Russian legislation to all cartel participants (unlike foreign legislation, according to which the cartel facilitator is not exempt from liability). This article is firs to provide interpretation to scantily studied questions of the procedure for realization of the conditions of exemption from criminal liability: the instance, when the cartel participant is still able to declare the restriction of competition to law enforcement agencies, and other measures of reparation of the inflicted damage. The author proposes a method for unification of the the grounds for exemption from liability stipulated by the Article 178 of the Criminal Code of the Russian Federation and the Article 14.32 of the Code of the Russian Federation on Administrative Offenses. The acquired results can be applied in the activity of law enforcement agencies.

scholarly journals The prevalence of petty bribery as a principle of establishing a criminal prohibition for its commission

2021 ◽  
Vol 2021 (4) ◽  
pp. 57-62
Author(s):  
Mihail Alaf'ev
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Main Method ◽  
The Russian Federation ◽  
Relative Prevalence ◽  
Legislative Decision

Numerous changes in the criminal law associated with the emergence of new norms providing for responsibility for criminal liability inevitably raise the question of the validity of criminalization. Its positive solution is possible only if the new criminal law prohibition is established in accordance with the principles of criminalization, one of which is the relative prevalence of the act. The article is devoted to the assessment of the prevalence of petty bribery in order to determine the correctness of the legislative decision to establish independent criminal liability for this crime (Article 2912 of the Criminal Code of the Russian Federation). The main method of research is a statistical method that allows us to establish the prevalence of bribery in the amount not exceeding 10 thousand rubles at the time of the adoption of this legislative decision, and also during the period of validity of article 2912 of the Criminal Code of the Russian Federation, the share of the analyzed crime in the structure of bribery and corruption offences. In addition, the author analyzed 120 sentences of courts for petty bribery. As a result of the research, the author concludes that petty bribery is a fairly common offence in the structure of both bribery and corruption crimes, which indicates its public danger and the validity for the criminal prohibition of its commission. It was established that the establishment of a separate norm on liability for petty bribery allowed law enforcement agencies focusing the efforts to counteract bribery in the amount of more than 10 thousand rubles.

scholarly journals TERMINOLOGY OF CRIMINAL LAW

2021 ◽  
Vol 75 (2) ◽  
pp. 67-73
Author(s):  
Mykola Komissarov ◽  
◽  
Natalia Komissarova ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Professional Community ◽  
Criminal Code ◽  
The Body ◽  
Legal Norm ◽  
Ordinary People ◽  
Relevant Article ◽  
Law Enforcement Agencies

In this article questions about the expediency of using semantically accurate and clear terms in norm-setting that as correctly as possible denote acts, things, or persons because of the illegal actions or corpus delicti which are described in the relevant article of the Ukrainian Criminal Code are considered. On the example of several articles of current Ukrainian Criminal Code approaches of improving regulatory acts by using successful legal and common terms are being proposed. Criteria that could be a foundation when creating and improving legislation in general and criminal in particular being considered. Being proposed particular, more accurate, terms for replacement of the current, but not appropriate terms. Emphasis is placed on that each legal act should be write down very clear for ordinary people to increase the efficiency of positive criminal liability institution. Being determined main types of misuse of terms, which includes the use of terms without considering their content load by lawmakers; lawmakers' use of terms taking into account pre-determined actions that are not reflected in the body of the law but are marked by an unfortunate term, or use specific terms where their use is inappropriate. Taking everything above into account and considering the prevalence of legal terminology outside the professional community, questions related to the accuracy, intelligibility, simplicity, clarity of legal language are emphasized, in particular terminology of criminal law. Works of the most popular scientists whether in the field of legal terms or in the field of criminal law are analyzed. It is argued that the clarity of the legal norm, criminal law, in particular, will avoid arbitrariness and abuse by law enforcement agencies and more effectively implement the concept of positive criminal liability in society.

scholarly journals CRIMINAL LIABILITY FOR THE DISSEMINATION OF FALSE INFORMATION DURING THE PANDEMIC: QUESTIONS OF THEORY AND PRACTICE

2021 ◽  
Vol 31 (1) ◽  
pp. 81-89
Author(s):  
A.A. Shutova ◽  
M.A. Efremova ◽  
A.A. Nikiforova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Theory And Practice ◽  
False Information ◽  
Law Enforcement Agencies ◽  
Inaccurate Information ◽  
Forensic Practice ◽  
Administrative Code

This publication provides an overview of the current domestic legislation providing for responsibility for the dissemination of false information in the conditions of the pandemic of a new coronavirus infection (COVID-19) (Articles 2071 and 2072 of the Criminal Code of the Russian Federation, Article 13.15 of the Administrative Code), problems arising in the process of applying these norms. The authors pay close attention to the existence of technical and legal errors in criminal law norms, as well as to the existence of sectoral competition between administrative and criminal laws in forensic practice. The present article attempts to study the elements of the corpus delicti that cause the most difficulties among law enforcement agencies and specialists in the field of criminal law doctrine. In addition, attention is paid to foreign experience in countering such criminal acts. The scientific study also reviews the available explanations of the highest court published during the epidemic, including those affecting the legal assessment of crimes under Art. 2071 and 2072 of the Criminal Code. Based on the research carried out, including the study of law enforcement materials, measures are proposed to improve the existing legislation in the field of combating the dissemination of inaccurate information about coronavirus and its practice.

scholarly journals Corruption-Related Crime from the Perspective of “Dead-Letter” Articles of the Criminal Code of the Russian Federation

2021 ◽  
Vol 1 ◽  
pp. 51-54
Author(s):  
Aleksandr N. Sukharenko ◽  
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Main Principle ◽  
Law Enforcement Agencies ◽  
The Social ◽  
The Russian Federation

Despite the measures taken by the state, corruption remains one of the most serious threats to Russia’s national security. In recent years, the legislator has paid increased attention to toughening criminal liability for corruption crimes, the list of which is enshrined at the subordinate (interdepartmental) level. Taking into account the social danger of this problem, we carried out a detailed analysis of the state and dynamics of corruption crime in the country, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of “dead” articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and neutralize its main principle — the inevitability of liability for crimes.

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