scholarly journals Investigative activities of operational units in the detection of criminal offences in the sphere of subsoil exploitation and protection

2021 ◽  
Vol 10 (46) ◽  
pp. 176-183
Author(s):  
Yurii Yermakov ◽  
Dmytro Shumeiko ◽  
Oleh Tarasenko ◽  
Maryna Voloshyna ◽  
Sergii Chyzh
Keyword(s):  
Research Methodology ◽  
Logical System ◽  
Search Activity ◽  
Legal Research ◽  
Criminal Offense ◽  
Research Results ◽  
Scientific Cognition ◽  
Criminal Offenses ◽  
General Scientific ◽  
The Subject

The purpose of the article is to determine the features of the search for signs of criminal offenses in the sphere of subsoil exploitation and protection. The subject of the study is the search activities of operational units in this area. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical-legal, formal-logical, system-structural, generalization, comparative-legal. Research results. The elements of search activity of criminal offenses in the area of subsoil exploitation and protection are established. Practical meaning. The most likely places of search and objects containing information on wrongfulness of the acts in the indicated sphere are identified. Value / originality. It is proved that process of detecting criminal offenses and those who prepare or commit them is based on the knowledge of the event of criminal offense by subtraction from the environment the changes that have arisen in connection with its preparation or commission of the traces left on the environmental elements, such as objects and documents.

scholarly journals Reconstruction as a method of crime investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 113-119
Author(s):  
Andrii Hryhorenko ◽  
Oleh Musiienko ◽  
Viktoriia Boiko-Dzhumelia ◽  
Andrii Sakovskyi ◽  
Anna Myrovska
Keyword(s):  
Research Methodology ◽  
Independent Method ◽  
Special Method ◽  
Logical System ◽  
Scientific Methods ◽  
Scientific Cognition ◽  
Crime Investigation ◽  
General Scientific ◽  
The Subject ◽  
Structural Methods

The purpose of the article is to analyze the method of reconstruction as one of the general scientific methods of criminology used in the investigation of crimes. The subject of research is the method of reconstruction in forensic science. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical and legal, formal and logical, comparative and legal, logical, system and structural methods, method of generalization. Research results. General scientific methods of criminology and their significance for crime investigation are considered. Reconstruction as a type of modeling method and its place in the system of forensic methods is defined. The signs of reconstruction and its features distinguishing from modeling are analyzed. The variants of reconstruction and their features are given. Practical meaning. The concept of reconstruction as an independent method of crime investigation and its implementation in the system of investigative (search) actions are proposed. Value / originality. Emphasis is placed on the need for further study of reconstruction as a special method of investigating crimes.

scholarly journals Administrative offense as deterrent to prove objective aspect in criminal proceedings

2021 ◽  
Vol 10 (45) ◽  
pp. 99-104
Author(s):  
Ihor Paryzkyi ◽  
Oleksii Humin ◽  
Serhii Matvieiev ◽  
Olha Marchenko ◽  
Alina Chukaieva
Keyword(s):  
Research Methodology ◽  
Criminal Proceedings ◽  
Scientific Cognition ◽  
Modeling Methods ◽  
Criminal Offenses ◽  
General Scientific ◽  
Illegal Acts ◽  
Legal Accountability ◽  
Practical Implications ◽  
Objective Aspect

The purpose of the article is to study administrative offense as a deterrent to proving the objective element in criminal proceedings. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, epistemological, logical and semantic, system and structural, normative and dogmatic, monographic, legal modeling methods. Research results: The article examines the problems of co-existence of administrative and criminal offenses. The signs of delimitation of these illegal acts are determined, as well as difficulties in defining and differentiating between administrative and criminal offences are established, which creates legal gaps and conflicts. The problem of administrative offense as a deterrent to proving the objective element in criminal proceedings is described. Practical implications: The main obstacles to legal accountability related to the consideration of administrative offenses are identified. Value / originality: The ways to overcome the above problems are proposed.

scholarly journals PENJATUHAN PIDANA TERHADAP ANAK KORBAN PERKOSAAN INSES YANG MELAKUKAN ABORSI

2019 ◽  
Vol 12 (2) ◽  
pp. 255
Author(s):  
Mufidatul Ma'sumah
Keyword(s):  
Job Training ◽  
Paper Analysis ◽  
Rape Victims ◽  
Legal Research ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Research Questions ◽  
Older Sibling

ABSTRAKTulisan ini mengkaji tentang Putusan Nomor 5/PID.SUS-ANAK/2018/PN.MBN tanggal 19 Juli 2018, yang memidana seorang anak berumur 15 tahun di Jambi dengan vonis enam bulan penjara dan pelatihan kerja selama tiga bulan karena melakukan aborsi kehamilan hasil perkosaan kakak kandungnya (inses). Terkait dengan tindak pidana perkosaannya, kakak kandung telah diputus dengan pidana penjara dua tahun (Putusan Nomor 4/PID.SUS-ANAK/PN.MBN). Penelitian ini mempersoalkan apakah putusan hakim dengan memidana anak korban perkosaan inses yang melakukan aborsi sudah mempertimbangkan hak-hak anak sebagai korban. Penelitian hukum ini menggunakan metode yuridis normatif. Hasil dari penelitian diperoleh bahwa hakim tidak mempertimbangan hak-hak anak sebagai korban perkosaan inses. Pertimbangan putusan pidana oleh hakim adalah terdakwa telah memenuhi unsur-unsur perbuatan pidana dan unsur-unsur kesalahan, serta tidak adanya alasan penghapus pidana, sehingga terdakwa dianggap mampu bertanggung jawab secara pidana dan selanjutnya dapat dipidana.Kata kunci: aborsi, anak, korban perkosaan inses. ABSTRACT This paper analysis the judge's Decision Number 5/PID.SUS-ANAK/2018/PN.MBN on July 19th, 2018 who convicted a 15-year-old child in Jambi with a sentence of six months in prison and job training for three months due to having an abortion of pregnancy that resulting from the rape of her biological brother (incest). Related to the crime of rape, the older sibling has been sentenced to two years in prison (Decision Number 4/PID.SUS-ANAK/PN.MBN). This research questions whether the judge's decision to convict the child of incest raped that had an abortion have considered the rights of children as victims. This legal research uses normative juridical methods. The results of the research obtained that the judge did not consider the rights of children as a victim of incest rape. The consideration of criminal decisions by the judge is the defendant has fulfilled the elements of a criminal offense and elements of error, as well as the absence of reasons for criminal offenses so that the defendant considered capable of being criminally responsible and subsequently convicted. Keywords: abortion, children, incest rape victims.

scholarly journals Traces of murders committed by convicts in prison

2019 ◽  
pp. 104-109
Author(s):  
K.G. Shelenina
Keyword(s):  
Law Enforcement ◽  
Direct Evidence ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Enormous Amount ◽  
The Subject

The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

Operational and investigative characteristics of bribery and coercion of a witness and victim to give false testimony

2020 ◽  
Vol 2020 (4) ◽  
pp. 164-173
Author(s):  
Galina Panchishnaya
Keyword(s):  
Comparative Analysis ◽  
Systems Approach ◽  
Criminal Responsibility ◽  
Scientific Development ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Scientific Methods ◽  
Criminal Offenses ◽  
Theoretical Significance ◽  
General Scientific

One of the acute problems that have a significant impact on the effectiveness of criminal proceedings is the problem of unlawful influence on the witness and the victim. The disclosure and investigation of the aforementioned criminal offenses is increasingly accompanied by active opposition from interested persons who commit unlawful acts against the witness and the victim, accompanied by particular cruelty and cynicism. Bringing these persons to criminal responsibility is often hampered by the pressure exerted on the witness and the victim in the form of bribery and coercion to give false testimony. Revealing bribery and coercion of a witness and a victim to give false testimony for operational-search science and practice is a significant problem, the solution of which mainly involves the involvement of forces and means of operational units of the internal affairs bodies. It is quite logical that the study of crimes, carried out from the standpoint of the operational-search science, presupposes the formation of the operational-search characteristics of the considered category of crimes. The purpose of this study is a comprehensive scientific development of the main elements and the concept of operational-search characteristics of bribery and coercion of a witness and a victim to give false evidence. To achieve the intended goal, the author needs to solve the following tasks: to analyze the concept of the operational-search characteristics of crimes, to determine its main elements; to summarize and analyze the operational-investigative practice of bribery and coercion of a witness and a victim to give false testimony; analyze generalized data on the most typical operatively significant signs of a crime in the category under consideration. The study is based on the use of general scientific techniques and methods (logical-legal, systems approach, analysis, synthesis, etc.) and specific scientific methods (polling, questionnaires, content analysis of documents, interviewing, comparative analysis, etc.). The theoretical significance of the study lies in the fact that by studying the features of the operationalsearch characteristics of bribery and coercion of a witness and a victim to give false testimony, the author can make a certain contribution to the development of the theory of operational-search activity.

scholarly journals Forensic support for the international search

2021 ◽  
Vol 10 (40) ◽  
pp. 244-252
Author(s):  
Oleksii Humin ◽  
Dmytro Nykyforchuk ◽  
Nataliia Pavliuk ◽  
Olena Volobuieva ◽  
Andrii Antoshchuk
Keyword(s):  
International Cooperation ◽  
Science And Technology ◽  
Legal Institution ◽  
Scientific Methods ◽  
Research Results ◽  
Separate Form ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
Practical Recommendations

The purpose of the article is to formulate the basic theoretical principles and practical recommendations for forensic support for the international search. Subject of research: The subject of research is the concept, content, objectives and features of the implementation of forensic support for the international search. Methodology: In the course of the research general scientific methods, such as the methods of analysis and synthesis, induction and deduction, specification, summarization and analogy, etc. were used. Research results: According to the results of the research, it is substantiated that the international search is a complex legal institution and a separate form of international cooperation. Forensic support in this context is to create the conditions of preparedness and implementation of methods, tools, techniques of forensics in order to solve the problems of the international search. Practical consequences: It is proved that the international search is carried out according to certain stages, where certain measures of forensic support are necessary to be applied. Value / originality: Forensic support for the international search is to maximize the use of modern advances in science and technology to expand the range of sources of forensic information that can be applied in the international search.

scholarly journals THE ISSUE ON DETERMINATION OF TYPOLOGICAL FEATURES OF PEOPLE, COMMITTING CRIMINAL OFFENSES RELATED TO THE FORGERY OF EXCISABLE GOODS, AS AN ELEMENT OF THE CRIMINALISTIC CHARACTERISTICS

2019 ◽  
Vol 7 (1) ◽  
pp. 315-327
Author(s):  
Ayupova Zauresh ◽  
Begaliyev Yernar ◽  
Uspanov Zholdybay
Keyword(s):  
Social Sciences ◽  
Theoretical Interpretation ◽  
Criminal Cases ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
The Subject ◽  
Product Recommendations ◽  
Characteristic Features

In the article «The issue on determination of typological features of people, committing criminal offenses related to the forgery of excisable goods, as an element of the criminalistic characteristics» prepared by doctoral student Ayupova Z.N.; Professor of the Department of Special Legal Disciplines, Doctor of juridical Science Begaliev E.N; Dean of the Faculty of Social Sciences and Law, candidate of juridical Sciences, Professor UspanovZh.T. The main purpose of this article is to identify the most characteristic features of an intruder's personality and to formulate recommendations aimed at improving the process of investigating criminal offenses related to falsification of excise goods. The article deals with the issue of theoretical interpretation of the concept of "criminalistic characterization of crimes" and "typology of personality" as its element. The analysis of the reference paper is given regarding the study of the typology of persons committing criminal offenses; as well as the problems that arise in determining the subject of the crime and the ways to solve them. The types of persons committing criminal offenses connected with forgery of excisable products as exogenous and endogenous types of intruders are investigated; classified by the object of encroachment, the nature of criminal acts, the degree of public danger. The concepts of socially-adoptive, socially-disadaptive type of personality of persons who commit this category of a criminal offense are disclosed. The structure of the personality of the intruder who deals in the falsification of excisable goods has been compiled and examined through socio-demographic, criminally-legal, socially significant physiological features and moral properties. The analysis of methods for establishing a suspect person is given, the main types of malefactors and their functions are identified in the production of a surrogate excise product. Recommendations for persons conducting investigations into criminal cases related to forgery of excise goods are developed.

scholarly journals FORMS OF CRIMINAL LIABILITY IN CASE OF DEATH OF THE PATIENT

2021 ◽  
Vol 74 (11) ◽  
pp. 2891-2895
Author(s):  
Natalia O. Antoniuk
Keyword(s):  
Research Methods ◽  
Medical Service ◽  
Criminal Liability ◽  
Direct Influence ◽  
Medical Worker ◽  
Criminal Offense ◽  
Research Results ◽  
The Subject ◽  
Deceased Patient

The aim: Establishing the forms of criminal liability in case of death of the patient and the presence of such a condition as the desire of the relatives of the deceased to reconcile with the subject of the criminal offense. Materials and methods: In the course of the study, 62 court judgements were used. Comparative, systematic, analytic, and empiric research methods have been used in this research. Results: The position of the victims – relatives of the deceased – has a direct influence on the choice of the form of criminal liability. A medical worker who is the subject of a criminal offense may reconcile with the relatives of the deceased patient and enter into a reconciliation agreement. It is the parties of the agreement who consent to the punishment and the possible exemption from it. At the same time, the court cannot exempt a medical worker from criminal liability in case of a patient’s death. This thesis is based on the fact that the possibility of such exemption is directly related to the reconciliation with the victims who are patients that were provided with medical service. Besides, death is a consequence that is irreversible. Conclusions: The exemption from criminal liability according to the reconciliation of the guilty person with the victim in case of death of a patient is stated to be impossible. At the same time, the possibility of concluding a reconciliation agreement in this case has been established.

scholarly journals Labor is free or freedom of labor? Russia and international law

2021 ◽  
pp. 87-95
Author(s):  
Elena Yur'evna Eseva
Keyword(s):  
International Law ◽  
Legal Framework ◽  
Soviet Period ◽  
Legal Research ◽  
Scientific Methods ◽  
Legal Method ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation

This article explores the problem of exercising the constitutional guarantee of the freedom of labor. Analysis is conducted on the current Russian legislation in comparison with the legislation of the Soviet period in the area of regulation of questions of the freedom of labor. Functionality of the institution of the freedom of labor is viewed on the practice of Russian reality and its compliance with the norms of international law. The questions of the freedom of labor are also examined in a number of foreign countries. The author reveals the flaws in the Russian legal framework on the subject matter, and makes recommendations for amending the current legislation. Research methodology leans on the comparative-legal method, as well as such general scientific methods as historical, linguistic and others. The scientific novelty of this article is defined by the absence within the domestic legal science of comprehensive legal research of the entirety of problems related to constitutional guarantee of the freedom of labor. An attempt is made to carry out a comparative study of the international normative regulation of relations in the area of the freedom of work with the norms established in the Constitution of the Russian Federation.

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