Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi最新文献

筛选
英文 中文
The principles of mediation as a guarantee of the implementation of pre-trial settlement in Ukraine 调解原则是乌克兰实施审前和解的保障
L. Shevchuk
{"title":"The principles of mediation as a guarantee of the implementation \u0000of pre-trial settlement in Ukraine","authors":"L. Shevchuk","doi":"10.33098/2078-6670.2023.16.28.95-99","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.95-99","url":null,"abstract":"Goal. Ukrainian legislation has been supplemented by another legal norm, which, with its defined procedural approach, is designed to carry out the process of settlement of conflict situations and disputes, which, as practice shows us, in most cases, were considered only in court. Therefore, this article emphasizes and reveals the essence of the principles on which one of the alternative methods of pre-trial settlement, such as mediation, is based. The main levers that fundamentally differentiate this method from court proceedings are studied. Method. The scientific and theoretical material is analyzed and summarized. During the research, such methods of scientific knowledge as comparative, system-structural were observed. The results. In the course of the research, an analysis of the practical effectiveness of the application of the principles of mediation in the process of dispute settlement, the influence of their nature in the adoption of joint decisions by the parties, as well as the functionality of the principles themselves in maintaining warm relations between the parties to the conflict, was carried out. Scientific novelty. Despite the fact that such a method of pre-trial settlement in the legal field of Ukraine, such as mediation, is already known to some extent, but the novelty itself deserves attention, because its application still requires considerable efforts to implement the introduction into the practical and effective plane of those fundamental principles without which this method unable to exist. And therefore, in fact, this is the content of the novelty, because for a wide range of citizens of Ukraine, it is unfortunately still far from being close to its implementation in their target interests. Practical significance. These research results and conclusions can be applied or taken into account in law enforcement practice, consulting, in the field of judicial and pre-trial proceedings.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"7 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139003731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Legal grounds for the rehabilitation of the victims of soviet totalitarism in the 1950s 1950 年代苏维埃极权主义受害者康复的法律依据
T. Demyanchuk
{"title":"Legal grounds for the rehabilitation of the victims of soviet totalitarism in the 1950s","authors":"T. Demyanchuk","doi":"10.33098/2078-6670.2023.16.28.24-31","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.24-31","url":null,"abstract":"Purpose. The purpose of the publication is to establish the number of victims of Soviet totalitarianism, as well as to characterize the social and legal conditions of the process of rehabilitation of repressed persons in the 1950s. Methods. The methodological basis of the research was a set of principles of historicism, objectivity, as well as general scientific, special scientific and philosophical methods. Results. It was established that the process of rehabilitation of victims of mass repressions had no specific legal prerequisites, it was an exclusively politically determined action aimed on the one hand at the elimination of opponents in the process of the struggle for power after the death of J.Stalin. The historical prerequisites of rehabilitation are determined by a long-term and systematic government policy aimed at physical restriction and liquidation of certain categories of people who were accused of «political crimes». It was established that the first attempt at rehabilitation, which took place in 1939-1940s, was a selective amnesty for certain categories of persons who were serving sentences. At the same time, this amnesty did not apply to Ukrainians serving sentences for political crimes. The real process of rehabilitation began after the death of J.Stalin in 1953. From a legal point of view, the rehabilitation was half-hearted. Legally, the majority of persons who were amnestied in the 1950s became rehabilitated only after 30-40 or more years. Originality. Statistical information on the number of victims of Stalinist repressions is given, and legal approaches to the rehabilitation of victims in the 1950s are also analyzed. Practical significance. The results of the research can be used for the preparation of lectures and special courses on the history of the state and law, popularization of the historical past, preservation of historical memory and condemnation of the actions of Soviet leaders.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"7 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Implementation of EU legislation into the criminal legislation of Ukraine to ensure criminal legal protection of pharmaceutical activity 在乌克兰刑事立法中执行欧盟立法,以确保对制药活动的刑事法律保护
O. Frolova
{"title":"Implementation of EU legislation into the criminal legislation of Ukraine to ensure criminal legal protection of pharmaceutical activity","authors":"O. Frolova","doi":"10.33098/2078-6670.2023.16.28.176-183","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.176-183","url":null,"abstract":"The purpose of the article is to determine the specifics of the implementation of EU legislation into the criminal law of Ukraine to ensure the criminal protection of pharmaceutical activity. The methodology includes the author's emphasis on basic international legal guidelines. Directive No. 2001/83/EC of the European Parliament and the Council of the EU on the Community Code on Medicinal Products for Human Use of November 6, 2001 serves as one of the main guidelines here. In the author's opinion, this is important based on the fact that the adopted Law of Ukraine \"On Medicinal Products\" of July 28, 2022 implemented many provisions of the said Directive, including those that are important for the criminal protection of pharmaceutical activity. The article pays special attention to the issue of determining the \"limits\" of criminal protection of the circulation of medicinal products, which depend on the specific requirements of Directive 2001/83/EC, which define the concept of \"medicinal product\" and provide for the limited use of medicinal products, as well as mandatory components circulation of medicinal products (as defined in Article 2 of Directive 2001/83/EC), each of which is related to the state registration procedure and obtaining the necessary permission. The results. Attention is focused on other international legal documents, such as EU Council Directive 85/374/EEC \"On the approximation of laws, regulations and administrative provisions of the member states regarding liability for low-quality products\" dated July 25, 1985, which contains an independent general declaratory prescription that the \"special liability system\" created by this Directive is an effective legal means of protecting consumers of pharmaceutical products. Scientific novelty. The author notes that the construction of a \"national model\" of criminal law protection of pharmaceutical activity must in any case take into account the main international legal standards regarding the \"subjects\" of pharmaceutical activity and their separate varieties, \"accompanying\" subjects that ensure the \"handling\" of pharmaceutical activity products (in particular, accessories, documents), integral components of pharmaceutical products (active substances and excipients, parts and materials), types and varieties of pharmaceutical activity, as well as state regulation of pharmaceutical activity. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the investigation of crimes related to the field of pharmaceutical activity.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"55 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Problematic issues of the public integrity council under martial law 戒严令下的公共廉政委员会存在的问题
O. Zagurskyy
{"title":"Problematic issues of the public integrity council under martial law","authors":"O. Zagurskyy","doi":"10.33098/2078-6670.2023.16.28.71-77","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.71-77","url":null,"abstract":"Purpose. formulate the author's own approaches to understanding the legal basis for the functioning and mechanism of the Public Integrity Council in the context of judicial reform with a view to the effective administration of justice. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, logical-normative. Results. The study recognized that the prestige of the judicial profession is crucial for the functioning of this professional group value, as it contributes to a universal sense of social justice and affirms the sense of the legal institutions as a whole. At the same time, a judge who enjoys prestige is better able to do good, so caring about building his or her prestige is one of the ways in which the profession is ethically good, and thus a moral obligation of every judge. The prestige of the profession is a public good, the entire judiciary is working on its content, a judge can use the authority developed by colleagues, but also miss it, destroying the work of entire generations. Originality. The study found that the judge's professional activity is focused on justice, the judge implements the law, which is related to justice and it must be fair, it is difficult to disagree with the thesis that it works for the greater good. Justice, however, is a good thing that a judge's full concern does not require twofold actions: first, careful and responsible performance of all tasks, which aim to establish and maintain justice, and second, constant building and maintaining the prestige of the profession itself. Practical significance. The results of the study can be used to develop provisions, conclusions and recommendations on the state judicial policy in the field of administration of justice, to improve the level of relevant state decision-making in this area, and also to further improve legislation in the field of the judiciary.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"44 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139003262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Social policy of Ukraine under the conditions of martial state: level of support by EU states 戒严状态下的乌克兰社会政策:欧盟国家的支持水平
T. Humeniuk
{"title":"Social policy of Ukraine under the conditions of martial state: \u0000level of support by EU states","authors":"T. Humeniuk","doi":"10.33098/2078-6670.2023.16.28.64-70","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.64-70","url":null,"abstract":"Aim. The aim of this research is to highlight the influence of European integration on the optimization of the legal fundamentals of social policy in Ukraine. Methodology. The research is based on the comparative legal method used for comparison of EU social law with the social law of Ukraine. The method of dialectic enables to establish contradictions in the legal norms that regulate the social system of Ukraine and determine its social policy. The systemic and functional method was used to study the system of regulation of the sphere of social relations in Ukraine, systems of social policy measures as well as functional interrelationships between them. The method of generalization was used for the systematization and interpretation of the results obtained during the study. Results. The research showed that the main ways of improving social policy in Ukraine and legal regulation in the social sphere include: ratification of the European Social Charter and its implementation plan in Ukraine; creation of a coherent strategy in the field of provision of social services; the accession of Ukraine to the European Code of Social Security; partial reform of the legal regulation of labor and employment of the population; improvement of legal regulation and social policy in the field of social protection, labor and employment of internally displaced persons from temporarily occupied territories of Ukraine. Scientific novelty. During the research, it was established that on the way to the EU, Ukraine has faced the following problems with its social policy and law: problems with the Ukrainian legislation on social security; problems with regulating the labor market, employment and poverty reduction; problems with improvement of the legislation on labor protection; problems with stimulating entrepreneurship as the basis for ensuring social standards and employment of the population; problems with adaptation of socially vulnerable groups of the population. Practical significance. The results of the research can be used in international law.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"121 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139003784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Criminal liability for ecocide under international law 国际法规定的生态灭绝刑事责任
O. Brynzanska
{"title":"Criminal liability for ecocide under international law","authors":"O. Brynzanska","doi":"10.33098/2078-6670.2023.16.28.48-56","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.48-56","url":null,"abstract":"Purpose. The purpose of the article is to determine the legal nature of ecocide in the context of international law as «international crime» or «crime of international nature».\u0000Methodology includes the general scientific dialectical method, as well as other methods of scientific knowledge: functional, system-structural, and comparative methods. Results: It was concluded that there is no regulation of ecocide in international law as an international crime outside the context of an armed conflict, which excludes international legal responsibility for its commission, or a crime of international nature (transnational crime), which is due to the limited establishment of criminal responsibility for ecocide in the national legislation of many states. It has been established that ecocide can potentially be recognized as an international crime stricto sensu if the adoption of relevant amendments to the Statute of the International Criminal Court will be, and as a crime of an international nature if the adoption of a multilateral international treaty as universal legal standard will be. It was determined that a separate political and legal instrument of influence on national legislation is the establishment of standards of responsibility for environmental criminal offenses, including ecocide, within the framework of membership in international organizations (Council of Europe) and economic and political unions (EU). It was established that until now the development of the concept of ecocide in international law as an act characterized by signs of \"seriousness\", \"long-term\" and \"wide-spread\" damage to the natural environment is at the stage of development. Originality. The legal nature of ecocide in the context of its belonging to an international crime / a crime of an international character as concepts of international criminal law is studied. Practical significance. The results of the study can be used in educational, law-making and law-enforcement activities in the course of developing the state criminal law policy.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"11 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139004963","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
On the principles of criminalization of interference with the judiciary 干预司法的刑事定罪原则
V. Pulyk
{"title":"On the principles of criminalization of interference with the judiciary","authors":"V. Pulyk","doi":"10.33098/2078-6670.2023.16.28.155-161","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.155-161","url":null,"abstract":"Purpose. The purpose of the study is to determine whether the national legislator complies with the basic principles of criminalization of socially dangerous behavior when criminalizing interference with the activities of judicial bodies. Methods. The methodology includes the analysis and generalization of scientific positions on the theory of criminalization, which is justifiably considered to be among the most controversial in criminal law doctrine. The following methods of scientific cognition were used: logical and semantic (for understanding the conceptual apparatus), formal and legal (application of the rules of formal logic in analyzing the construction of the crime under Article 376 of the Criminal Code), and the method of analysis. Results. In the course of the study, the author confirms that the principles of criminalization of interference with the judiciary are not observed: 1) procedural possibility of prosecution. The critically small array of recorded criminal offenses indicates the complexity of proof in this category of cases, which is largely due to the imperfection of the legislative construction of Article 376 of the Criminal Code; 2) certainty and unity of terminology - due to the systemic contradiction in the formulation of prohibited behavior and the use of the evaluative category «unjust decision». The scientific novelty is to confirm the shortcomings of the legislative construction of Article 376 of the Criminal Code, which are the result of violation of certain principles of criminalization of behavior. Practical significance. The results of the study can be used in the course of further regulatory and legal improvement of Article 376 of the Criminal Code, as well as in the development of scientific provisions on criminalization of crimes against justice.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"33 20","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
International human rights ensurement standards in the law enforcement activities of the national police of Ukraine: today's realities 乌克兰国家警察执法活动中的国际人权保障标准:当今现实
I. Mahnovskyi, O. Kosarevska
{"title":"International human rights ensurement standards in the law \u0000enforcement activities of the national police of Ukraine: today's realities","authors":"I. Mahnovskyi, O. Kosarevska","doi":"10.33098/2078-6670.2023.16.28.78-86","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.78-86","url":null,"abstract":"Purpose. The purpose of the work is to conduct an analysis of international standards for ensuring human rights in the law enforcement activities of the National Police of Ukraine, based on the realities and challenges of today. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific reseach have been implemented: terminological, logical-semantic, functional, system-structural, logical-normative. Results. In the process of research, it was recognized that the proper affirmation of human rights and freedoms is one of the fundamental and leading factors of national state-building, where the National Police of Ukraine occupies one of the key positions in the person of competent state bodies to ensure them, thereby determining its activity, because its efficiency and productivity are of decisive importance in this aspect for social development. In addition, today's realities oblige the National Police of Ukraine to make significant transformational changes, as an appropriate algorithm of actions and decision-making, in order to increase the effectiveness and efficiency of its professional direction – serving the Ukrainian people, thus ensuring the implementation of strategic priorities of police activity in accordance with international standards observance of human rights. Originality. In the process of research, based on the generalization of positive experience, the significance and effectiveness of international standards for ensuring human rights in the law enforcement activities of the National Police of Ukraine at the current stage of state formation have been proven. Practical significance. The results of the research can be used in law-making and law-enforcement activities during the development of proposals for improving the mechanism of its timely detection, prevention and elimination.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"42 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139003483","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Rule of law and law and order in the European Union 欧洲联盟的法治和法律秩序
R. Lutskyi
{"title":"Rule of law and law and order in the European Union","authors":"R. Lutskyi","doi":"10.33098/2078-6670.2023.16.28.41-47","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.41-47","url":null,"abstract":"Purpose. The article is devoted to the analysis of the legal nature, the content of the rule of law as a principle, as well as the legal phenomenon and the conceptual approach to modern human rights. She studies the foreign experience of implementing the rules of the rule of law into national legislation. The role of international organizations in ensuring the rule of law is determined. It is noted that the rule of law is a universal principle. The need for general provision and observance of the rule of law both at the national and international level is recognized by all UN member states, because the rule of law is one of the basic values shared by the European Union and its members. Cornerstone problems of the rule of law, expressed in the implementation of its main principles, are an actual subject of multilateral public discourse: the future of the country and its role in the process of modern development of the world order and the conditions of its globalization depend on their solution. Methodology. In order to achieve the set goal, a comprehensive analysis of the available information regarding the analyzed problem was carried out and conclusions and proposals were formed on their basis. The following methods of scientific knowledge were used during the research: dialectical, systemic-structural, terminological, systemic-functional, historical, normative-dogmatic, generalization method. Originality. As a result of the conducted research, it was established that the concept of the rule of law creates a platform, a basis for the unification of all branches of law, especially taking into account the fact that different branches of our law are composed in a disjointed manner. The constitutional consolidation of the rule of law, the principle of the rule of law determine the sphere of activity of all branches of state power and the methods of their activity. The state should not go beyond the border of the legal field, crossing which, the legal state turns into its antipode. The state cannot use in its activities methods that contradict the principles of the rule of law and the rule of law. Scientific novelty. It has been established that the principle of the rule of law is actually the only effective means of ensuring the inviolability of democracy, as well as one of its main features, and its provision and control is a guarantee of ensuring human rights to the extent that decent living conditions are created for each person. Practical significance. As a result of the analysis, it has been proven that the simple formation of a perfect system of legislation, which enshrines basic human rights and freedoms and defines an effective legislative procedure, is not yet sufficient for building a democratic society in our country. We need not only to enshrine the principle of the rule of law in the Constitution, but also to implement it in our daily activities.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"24 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139005701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The misidentification of the deceased person beyond visual recognition within the pre-trial investigation: problematic issues and legal consequences 审前调查中超出视觉识别范围的对死者的错误辨认:问题和法律后果
M. Kryvonos, T. Kavierina
{"title":"The misidentification of the deceased person beyond visual recognition \u0000within the pre-trial investigation: problematic issues and legal consequences","authors":"M. Kryvonos, T. Kavierina","doi":"10.33098/2078-6670.2023.16.28.117-125","DOIUrl":"https://doi.org/10.33098/2078-6670.2023.16.28.117-125","url":null,"abstract":"Objective. The purpose of the article is to highlight the issues of misidentification of a person within the framework of pre-trial investigation of criminal proceedings on the facts of discovery of corpses of unidentified persons which are not subject to visual identification. The author focuses on the stages and procedure for identification of a deceased person, as well as on some legal consequences of misidentification and ways to eliminate them. Methodology. The methodological basis of the study is the results of the practical experience of one of the authors of the article during his practical work in the pre-trial investigation unit of the National Police of Ukraine during 2015-2021. Results. The author concludes that it is inadmissible for investigators and experts to make mistakes in the identification of the dead in situations where identification of the body is impossible due to various factors, including force majeure, because incorrect identification of a person within the pre-trial investigation may lead to confusion in the transfer of the deceased's body to the family, incorrect execution of title documents, and other consequences that will seriously affect the fate of the deceased's family in terms of moral and material (social) security. This situation is typical for the discovery of bodies of deceased persons (military and civilian) in places of spontaneous burials, including mass graves, as a result of hostilities, temporary occupation of certain regions, which were recorded after de-occupation and stabilization measures in certain regions of Ukraine. Scientific novelty. The work of legal experts has hardly been devoted to the study of the identification of the bodies of the dead during the pre-trial investigation, partly limited to the analysis of certain rules on the legal grounds and tactics of conducting a crime scene inspection or exhumation, while forensic scientists have been more concerned with this issue. Therefore, the scientific novelty of the authors' work is based on practical developments and supported by knowledge in the field of criminal procedure and forensics, which is timely and extraordinary. Practical significance. The conducted research and analysis of the problem, supported by practical experience, will contribute to a deeper understanding of the problem of misidentification of the deceased person beyond visual recognition and acquires a recommendation content for synergy in the work of pre-trial investigation and forensic medicine specialists.","PeriodicalId":303771,"journal":{"name":"Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi","volume":"198 S582","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139006322","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信