Legal assessment of signs of the subjective part of office-economic crimes in the sphere of implementation of the national project “Healthcare”

This study is a study of the peculiarities of the subjective side of service and economic crimes in the framework of the implementation of the national project «Health» through the analysis of judicial acts, as well as the provisions of the domestic doctrine. The main result of the study was the identification of the author’s signs of the subject’s intent when committing socially dangerous acts in the area under consideration.

Subjective side of "Concealment of a crime" (Article 396 of the Criminal Code of Ukraine) and its impact on qualifications

The article considers the current problems that arise during the qualification "Concealment of a crime" (Article 397 of the Criminal Code of Ukraine), in particular on the basis of the subjective side. The problem of the correct qualification of a criminal offense depends on the correct establishment of all the features of the criminal offense, among which the greatest complexity are the features of the subjective side. To do this, it is necessary to disclose the content and characteristics of the subjective side, its mandatory features, and to determine the significance of the characteristics of the subjective side of the crime for the criminal assessment of the offense. The subjective side is a mandatory element of any criminal offense. Among its features are guilt, motive and purpose of the criminal offense. The analysis of judicial practice, scientific works gives the chance to develop scientific knowledge concerning the outlined question and to draw the following conclusions. The subjective side of concealment of a crime (Article 396 of the Criminal Code of Ukraine) is characterized by guilt exclusively in the form of direct intent. The qualification of concealment of a crime can be significantly affected by a person's legal or factual error. Motive and purpose are optional features of the composition of concealment of the crime, they do not affect the qualification of the perpetrator, but must be considered by the court in sentencing. At the same time, the selfish motive of concealment of a crime has a great social danger, but fixing it in the tort under investigation is considered inexpedient, as it may complicate the distinction between concealment of a crime committed for selfish motives and acquisition, receipt, storage or sale of criminally obtained property. The significance of the subjective side and its features for qualification is determined. The paper reveals the features of subjective signs of concealment of a crime on the basis of the provisions of the Criminal Code of Ukraine. Examples from judicial practice are analyzed.

THE COMPOSITION OF THE ADMINISTRATIVE OFFENCE AND THE PROBLEMS OF ITS QUALIFICATIONS

The administrative-legal science pays a great attention to the study of administrative offences’ qualification. When analyzing any part of an administrative offence, the issues of qualification always take the lead. This paper focuses on the most controversial and at the same time practically important issues. The composition of an administrative offence is a legal basis for the qualification of an administrative offence in accordance with a specific article of the law establishing administrative responsibility.The structure of an administrative offence is a combination of four elements: the object, the objective side, the subjective side and the subject, the presence of which is necessary and sufficient for the recognition of a socially harmful act as an administrative offence. These elements are called necessary because they must be present in any case when deciding whether to bring to administrative responsibility. In the absence of at least one of these elements, a person cannot be held administratively liable.In this paper, the composition of an administrative offence is considered as the basis for the qualification of administrative offences. In connection with the mentioned above, the problems’ study of administrative offences’ qualification, necessitates the further theoretical study of issues related to its concept, purpose, and implementation.

Criminal liability for illegal transplantation: past, present, future

Transplantation of human anatomical materials is an important method of treatment aimed at restoring human health, so improving the criminal law regulation of combating illegal transplantation is certainly important. This article provides a comprehensive scientific and practical analysis of the formation, development and reform of legislation that provides transplantation of anatomical materials to humans. To do this, the author systematically studied the regulatory legislation in the field of transplantation and the changes that have taken place in it, identified all the changes made to Art. 143 of the Criminal Code of Ukraine during its validity, the impact of these changes on the practice of application of Art. 143 of the Criminal Code of Ukraine. The study of the legal support of transplantation was conducted through three main stages of transformation of legislation during the independence of Ukraine. This allowed us to draw the following conclusions: 1) the subject of the crimes under Art. 143 today is human anatomical materials. This means that, in addition to human organs or tissues, it covers anatomical formations, human cells and human fetal materials; 2) the systematic change of regulatory legislation in the field of transplantation complicates the establishment of the current procedure and conditions of transplantation of human anatomical materials, and, as a consequence, complicates the detection of signs of illegal transplantation; 3) the current corpus delicti provided in Part 1 of Art. 143 of the Criminal Code, is material, which requires the establishment, in addition to the act, socially dangerous consequences (significant harm to the victim) and the causal link between the act and the consequence; 4) the subjective side of the crime provided by part 1 of Art. 143 of the Criminal Code, from the moment of adoption of the Criminal Code of Ukraine until December 28, 2019, both intentional and negligent violation of the statutory procedure for transplantation of human anatomical materials was criminally punished, and from December 29, 2019, the act can only be intentional and the attitude to consequences only negligent; 5) since the adoption of the Criminal Code of Ukraine and until now, the legislator has twice increased the penalties for crimes under Art. 143 of the Criminal Code. In the final case, the penalty was increased for all sanctions under Art. 143 of the Criminal Code without exception.

Offense of organizing illegal migration: subjective side of the offense in relation to the victim’s consent

The prosecution of a person who has committed a prejudicial act is a priority of the state to protect a public interest, or to defend a fundamental right for which the state has commitments to respect. This article identifies the mental attitude of the subject of the crime towards the prejudicial act of organizing illegal migration. The article also elucidates the extent to which the migrant, who is the victim of the crime, is directed by the perpetrator. Also, attention is drawn to the purpose and motive of the crime. In the same context, it is analyzed what impact the victim’s consent has on the commission of the crime. In the author’s opinion, the analysis of the organization of illegal migration through the prism of its distinct elements plays a fundamental role for the legislation of the Republic of Moldova. It is concluded that the Moldovan legislator must introduce in the Criminal Code of the Republic of Moldova the phrase “migrants’ trafficking”, in exchange for the current one of “organizing illegal migration”. This conclusion is based on the social requirement to protect the rights and interests of migrants. Thus, the Moldovan authorities will be able to identify the authentic purpose pursued by the perpetrator when violating human values and freedoms (the authorities will make a clear distinction between trafficking of human beings and trafficking of migrants).

Subjective side of the crime of creating or leading a criminal organization

The application in the national judicial practice of the criminal norm established at art. 284 Penal code encounters some difficulties resulting from the misinterpretation of the corresponding elements and signs of crime composition. The present study aimed to explain in detail and intelligibly the content of the subjective side of the crime of creating or leading a criminal organization, what will be useful from both perspectives: theoretical and practical. The coherent explanation of the content of the subjective side of the crime of creating or leading a criminal organization provides additional possibilities in the qualification process, which can be used contradictory by both participants in the criminal trial: the prosecution and the defense.

THE CONSTRUCTION OF GUILT IN EUROPEAN MEDIEVAL LAW

Постоянная потребность исследователей в углубленном изучении проблем вины и ответственности определяется не только задачами совершенствования законодательства и правоприменительной практики, но и изменчивостью представлений людей об основаниях, пределах, формах и целях ответственности лица, представлений, отражающих реальный процесс исторического развития общественных отношений и практики их правового регулирования. В работе исследована деятельность средневекового законодателя по разграничению умысла и неосторожности как двух форм вины при совершении преступлений против личности, а также разграничение виновного причинения вреда от казуса. Автор пришел к выводу о том, что в источниках европейского права VIII-XVI вв. законодатель значительное место уделяет внутреннему (субъективному) отношению лица к совершенному правонарушению и его последствиям. Выявление и учет таких признаков субъективной стороны деяния, как вина, мотив и цель, существенно влиял на квалификацию деяния и назначение наказания либо приводил к освобождению от ответственности ввиду отсутствия субъективной стороны правонарушения (вины) как одного из элементов состава правонарушения. В работе показано, каким образом законодатель учитывал влияние субъективного отношения лица к совершенному деянию при установлении юридической ответственности. The constant need of researchers for an in-depth study of the problems of guilt and responsibility is determined not only by the tasks of improving legislation and law enforcement practice, but also by the variability of people's ideas about the grounds, limits, forms and purposes of a person's responsibility, ideas that reflect the real process of the historical development of social relations and the practice of their legal regulation. The work examines the activities of the medieval legislator to differentiate intent and negligence as two forms of guilt when committing crimes against the person, as well as the differentiation of guilty harm from an incident. The author came to the conclusion that in the sources of European law of the VIII-XVI centuries. For centuries, the legislator has given a significant place to the internal (subjective) attitude of a person to a committed offense and its consequences. The identification and consideration of such signs of the subjective side of the act as guilt, motive and purpose significantly influenced the qualification of the act and the appointment of punishment, or led to release from liability due to the absence of the subjective side of the offense (guilt) as one of the elements of the offense. The work shows how the legislator took into account the influence of a person's subjective attitude to the committed act when establishing legal responsibility.

“We Ain’t Nothing but White Trash”. The Ethnography of Poor Whites and the Politics of Stigma in Zora Neale Hurston’s Seraph on the Suwanee.

This article aims to demonstrate the documentary value of Zora Neale, Hurston’s descriptions, in her novel Seraph on the Suwanee, of the condition of the poor white US Southerners known as “crackers.” By, depicting a “cracker” woman’s upward social trajectory through, marriage, Hurston reveals the social and existential reality of this, segment of the white population. Her novel presents an objective, analysis of the crackers as a socio-historical group distinct from other, whites. However, Hurston also explores the subjective side of belonging to this discredited group by offering an account of her heroine’s experience of stigmatization.

Problems of determining the subjective side of crimes related to harm to life and health during sports competitions and sports

The article analyzes the various approaches of scientists criminologists presented in the legal literature and its criminal-legal component to the problem of sports injuries. Further, an attempt is made to determine the criminal legal boundaries of causing physical harm (injury) in the process of sports, training. Particular emphasis is placed on the content of the subjective side of the actions of the wrecker. The authors analyze various approaches of forensic scientists to the problem of sports injuries and its criminal-legal component, presented in the legal literature, make an attempt to determine the criminal-legal boundaries of causing physical harm (injury) in the process of sports competitions, training. Special emphasis is placed on the content of the subjective side of the harm done by the inflictor. Proposals are formulated for law enforcement practice in terms of accounting for deliberate or careless violation of the rules of sports competitions. At the same time, special attention is paid to the problems of law enforcement, the existence of which is due to optional signs of the subjective side of crimes, which regulate responsibility for causing harm to life and health in the course of sports and sports. The authors come to the logical conclusion that when developing the criminal-legal content of lawful harm during sports, it is necessary to pay more attention to subjective elements and signs that characterize the internal attitude of the perpetrator to the actions he has committed and the consequences that have occurred as a result of these actions in situations of lawful harm.

ON THE CONTENT OF THE SUBJECTIVE SIDE OF BRINGING A MINOR TO SUICIDE

В статье рассматривается статистика совершенных в Российской Федерации суицидов, а также проблемы квалификации преступлений, связанных с доведением до самоубийства. The article discusses the statistics of suicides committed in the Russian Federation, as well as the problems of qualifying crimes associated with incitement to suicide.