Herald of the Association of Criminal Law of Ukraine最新文献

{"title":"Сorruption risks in higher education: types, manifestations and prevention","authors":"O. Bondarenko","doi":"10.21564/2311-9640.2023.19.276784","DOIUrl":"https://doi.org/10.21564/2311-9640.2023.19.276784","url":null,"abstract":"The article is devoted to an important and relevant topic - the criminological characteristics of the specifics of combating corruption risks in higher education. The author analyzes the role of corruption in the field of higher education. In particular, she notes that the financial consequences of corruption in the educational sphere are not as visible as, for example, corruption in the economic, political sphere or the sphere of public procurement. However, the fight against corruption in the educational sphere is an important task. It is emphasized that in conditions where the education system is corrupt, academic achievements become less important than \"connections\". This results in inequitable access to educational opportunities for applicants. Specific acts of corruption that can occur at all levels of the educational system are studied. The definitions of the concept of \"corruption risks\" provided by state authorities and set forth in doctrinal sources are studied. Attention is focused on groups of corruption risks in the field of higher education, namely risks in the educational and scientific environment, risks in the administrative process and in the sphere of partnership. Measures for leveling corruption risks in the field of higher education are proposed. It is concluded that the fight against corruption in education is important for ensuring equal access to education, improving the quality of education, reducing poverty, and promoting social stability. Prioritizing anti-corruption efforts in education systems is critical to fostering a more just and equal society. Identifying, assessing, and managing corruption risks is an important aspect of anti-corruption efforts. This may include developing policies and procedures to prevent corruption, establishing oversight and internal control mechanisms, promoting transparency and accountability, and raising awareness and educating stakeholders about the risks and consequences of corruption.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139360606","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}

{"title":"International Criminal Law Perspectives on Artificial Intelligence in Ukraine: between the war and legal reformation","authors":"Mykhailo Valeriiovych Shepitko, O. Senatorova, K. Zadoia, Юрій Анатолійович Пономаренко","doi":"10.21564/2311-9640.2022.18.267202","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267202","url":null,"abstract":"In late 2021 – early 2022 (before Russian war aggression against Ukraine), the oldest criminal law non-governmental organization International Association of Penal Law (AIDP-IAPL, Paris, France) asked the Ukrainian National Group to answer the most important questions about artificial intelligence in the context of International Criminal Law and International Humanitarian Law. In this regard, a subgroup was created and four scientists worked together in collecting material, searching for local legal acts that regulate this sphere in Ukraine, and searching for precedents for the use of artificial intelligence. \u0000The solution to the issue of criminal responsibility for the use of artificial intelligence in Ukraine in the context of the preparation of the new Criminal Code of Ukraine by the Law Reformation Commission of Ukraine under the President of Ukraine becomes important and promising. Such criminal-law approaches to solving this problem may be on the borders of criminal liability for individuals (operators), legal entities (plants and suppliers), as well as states that implement them in peacetime or wartime with a criminal (terrorist) purposes.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123848873","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}

{"title":"Liability for assistance to aggressor state: issues of qualification and improvement of criminal law","authors":"O. Dudorov, R. Movchan","doi":"10.21564/2311-9640.2022.18.266927","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.266927","url":null,"abstract":"From the moment of the open attack by the Russian Federation, the issues of criminal law response to encroachments on the foundations of Ukraine’s national security, which have not been resolved since the beginning of the war in 2014, have reemerged. Among the most urgent was the question of whether provisions of criminal law in force as of February 24, 2022 ensured the possibility of providing a proper assessment of the actions of persons who in various forms assist the aggressor state. The first decision made in order to solve this issue was the introduction of Article 111-1 “Collaborative activity” to the Criminal Code of Ukraine. Due to the belief of the People’s Deputies of Ukraine in the inadequacy of such a legislative step, another criminal law prohibition has appeared – Art. 111-2 “Assistance to the aggressor state”. \u0000The purpose of the research is in critical understanding of the debatable aspects of the criminal law novel about aiding the aggressor state, based on the results of which scientifically based recommendations should be developed in order to improve relevant provisions of the current criminal law and practice of its application. \u0000It has been proven that, despite the noble intentions of the parliamentarians, the inclusion of Art. 111-2 “Assistance to the aggressor state” has increased both the conflicting nature of the domestic criminal law and the legal uncertainty partially inherent in it, and also forces us to once again talk about excessive criminalization. Among the achievements of the legislative work related to the construction of the criminal law prohibition dedicated to aiding the aggressor state, one can only include the non-use in the current wording of Art. 111-2 of the Criminal Code of unjustifiably abstract phrases “other voluntary interaction with representatives of the aggressor state” and “any cooperation with representatives of the aggressor state”. \u0000Based on the example of criminal law assessment of such manifestations of assistance to the aggressor state, such as the transfer of material resources to the armed formations of the aggressor state and the implementation or support of the decisions and / or actions of the aggressor state, armed formations and / or the occupation administration of the aggressor state, the problematic nature of differing analyzed crime from collaborative activity, treason and justification, recognition as legitimate, denial of armed aggression of the Russian Federation against Ukraine, glorification of its participants has been demonstrated. The problem, which has risen as a result of the partially inappropriate duplication of legislative material, is proposed to be solved in one of three ways to optimize the articles of the Criminal Code on liability for treason, collaborative activity and assistance to the aggressor state.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126302276","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}

{"title":"Features of the legal regulation of probation in Ukraine research","authors":"S. Denysov, Dmytro Zaika","doi":"10.21564/2311-9640.2022.18.267077","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267077","url":null,"abstract":"The article is devoted to the study of the peculiarities of the legal regulation of probation in Ukraine. The authors set the goal, based on the analysis of the main domestic and international legal acts that regulate the issue, to group and outline the proposals of leading scientists and practitioners of Ukraine, to identify conflicts, gaps and other shortcomings of the current legislation of Ukraine that regulates the functioning of the probation institute, to conduct a comparative legal analysis, and provide scientifically based conclusions. \u0000The study of the legal regulation of such a multifaceted institution as probation is based on a significant number of normative legal acts of local and global importance. Such diversity gives rise to numerous legal conflicts and gaps, the identification and elimination of which requires systematization and in-depth analysis. Since after the full-scale invasion of the Russian Federation on the territory of Ukraine, the criminal and criminal-executive legislation underwent significant changes, and the activity of the probation service received new challenges, the previous studies on the concepts of their reform need to be clarified and systematized, which determines the relevance of the choice of the topic. \u0000The authors established that the legislation of Ukraine, which regulates the functioning of the probation institute in Ukraine, is relatively new and is at the stage of its formation, some of the provisions need to be updated and brought into line with the requirements of international regulatory and legal acts, in connection with which the authors proposed a number of changes In Ukraine, there are signs of insufficient financing of probation service activities, which directly affects the quality of specialists and the correctional work carried out by them. The probation service in Ukraine needs to strengthen its transparency, accountability and carry out specialized training of employees, hiring people who have an education in the field of social work. Among other things, it was established that there is a need to adapt the legislation of Ukraine to combat mass viral diseases, emergency events, and functioning in martial law.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132133423","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}

{"title":"Conviction as one of the means of criminal responsibility","authors":"V. I. Tiutiuhin","doi":"10.21564/2311-9640.2022.18.267249","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267249","url":null,"abstract":"The legal institution of conviction as one of the means of criminal responsibility is analyzed. Questions about the concept of a conviction, its signs and legal consequences are considered. The precondition, basis and procedure for cancellation and expungement of a conviction are analyzed. It was demonstrated features of cancellation and expungement of a conviction in case of early release of a person (fully or partly) from the sentence imposed by the court or its commutation with a less or more severe forms of punishment, in the case of conviction of a person for a set of criminal offenses and a set of sentences, as well as in cases of conviction of persons who committed a criminal offense as a minor.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133584001","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}

{"title":"Synchronization of the Ukrainian criminal legislation with the Charter of Fundamental Rights of the European Union","authors":"L. M. Demydova","doi":"10.21564/2311-9640.2022.18.267143","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267143","url":null,"abstract":"The article is devoted to clarifying the compliance of the current legislation of Ukraine with the provisions of the Charter of Fundamental Rights of the European Union. The author evaluates the norms of the Constitution of Ukraine from the perspective of the Charter, and then analyzes the completeness of their reflection in the provisions of the Special Part of the Criminal Code of Ukraine. Special attention is paid to human dignity as a priority right recognized by the Charter of Fundamental Rights of the European Union. \u0000The author agrees with researchers who recognize that the new \"philosophy of human rights\" is implemented in the Charter, which receives a normative embodiment in the founding documents of the European Union, and supports the proposal to make appropriate changes to the text of the current Constitution of Ukraine. \u0000The existing incompleteness of the criminal law protection of such a fundamental right as human dignity in Ukrainian legislation has been confirmed. \u0000Attention is drawn to the practice of the European Court of Human Rights regarding value judgments that cannot be proven in court. It is argued that in such a situation, a person who defends his dignity has the right to express his opinion, assess what happened, with further consideration by the court of the issue of restoring the violated human right in a certain form. And in the presence of evaluative judgments, a person does not lose the right to compensation for damage caused by such judgments. The content, form, direction of such evaluative judgments, their impact on the addressee (the person it concerns), their publicity, etc., are important for the court to make a fair decision. \u0000The author's suggestions regarding the further improvement of the criminal legislation of Ukraine with the aim of its proper synchronization with the legislation of the European Union are presented. Added additional argumentation regarding the need to criminalize slander and insults with clarification of the expediency of recognizing the relevant components of criminal offenses as material with a consequence in the form of compound damage (moral and material).","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132454731","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}

{"title":"Criminal law protection of new forms of economic activity","authors":"Олександр Едуардович Радутний","doi":"10.21564/2311-9640.2022.18.267201","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267201","url":null,"abstract":"The article outlines proposals for making changes to certain articles of Chapter VII \"Criminal Offenses in the Sphere of Economic Activity\" of the Special Part of the Criminal Code of Ukraine, discusses the latest trends in the development of economic relations (sharing economy, gig economy, IV Industrial Revolution, Industry 4.0) and related social systems (Metaverse, Global redistribution of everything), which are based on the achievement of scientific and technical progress (artificial intelligence, blockchain, Big Data, Internet of Everything). On the basis of the performed analysis, a circle of perspective issues is outlined and the first steps on the way to their solution are proposed.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131040660","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}

{"title":"Object of a criminal offense","authors":"Vasyl Yakovych Tatsii, Yurii Anatoliiovych Ponomarenko","doi":"10.21564/2311-9640.2022.18.267697","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267697","url":null,"abstract":"The article has been prepared for publication in the “Encyclopedia of Modern Ukraine” and is published in this journal for review and discussion. It is determined that the object of the criminal offense as an element of corpus delicti includes the object as a sign of the corpus delicti, the thing-object and the victim. The provisions on the object as a sign of the corpus delicti are detailed.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128566456","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}

{"title":"Культурно-антропологическое измерение современного уголовного права","authors":"O. V. Kozachenko, Olha Mykhailivna Musychenko","doi":"10.21564/2311-9640.2022.18.267252","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267252","url":null,"abstract":"The spread of cultural-anthropological methodology to the problems of modern criminal law enabled to formulate a new doctrinal definition of criminal law as a culturally agreed system of social freedoms focused on protecting social, material and spiritual values that are the human culture achievements and belong to a person. The proposed cultural-anthropological dimension allowed us to substantiate the  appropriateness of recognition anthropodicy as a paradigm of modern criminal law. \u0000The idea of periodization of  criminal law genesis was further developed with the identification of three qualitatively different periods of premodern, modern and postmodern, each of which is distinguished by a special role  played in culture in general and criminal law in particular. \u0000The article provides  different understanding of social justice as the purpose of applying criminal law which is more complicated in the context of the rule of law dominance than in the traditional understanding of the compliance between crime and punishment. \u0000The proposed approach allows to obtain a new type of criminal law, in which a person, regardless of the nature of participation in criminal relations, is provided with a number of rights and legal opportunities to protect their own, or those represented by it, interests. Іn addition, it creates grounds for further study of less global, but no less relevant problems of criminal law, in particular, ensuring objective criminalization, the formation of a coherent system of criminal law measures as a legal consequence of a socially dangerous act, the ratio of measures to physical and legal persons, etc.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131247221","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}

{"title":"Criminal offense. Crime. Criminal misconduct","authors":"Yurii Vasylovych Grodetsky","doi":"10.21564/2311-9640.2022.18.268273","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.268273","url":null,"abstract":"Fundamental concepts of criminal law are considered – criminal offense, crime, criminal misdemeanor. Their characteristics and history of development in the 20th century are studied. Deficiencies in the legislative regulation of these concepts in the Criminal Code of Ukraine were revealed.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124824383","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}