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

{"title":"Survey of the doctrine of the multiplicity of criminal offenses in the scientific works of Professor M. I. Bazhanov","authors":"Ірина Олександрівна Зінченко, Yevhen Valeriiovych Shevchenko","doi":"10.21564/2311-9640.2022.18.267490","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267490","url":null,"abstract":"The article is dedicated to the memory of the well-known scientist Professor M. I. Bazhanov, who made a significant contribution to the formation and development of the modern domestic science of criminal law. \u0000It was noted that at the Department of Criminal Law of the Yaroslav Mudryi National Law University, the institute of multiplicity of criminal offenses it was the doctor of legal sciences, professor, academician of the Academy of Legal Sciences of Ukraine Mark Ihorovych Bazhanov who initiated the offenses. In his works such as \"Prescribing punishment according to the totality of crimes and totality of sentences (1977), \"Prescribing punishment according to Soviet criminal law\" (1980), \"Criminal law of Ukraine. General part\" (1992), \"Repetition of crimes as a type of multiplicity of crimes\" (1993), \"Multiplicity of crimes under the criminal law of Ukraine\" (2000), several editions of the textbook \"Criminal law of Ukraine: General part\" (2001 , 2003) considered a wide range of issues related to the characteristics of the institution of the multiplicity of criminal offenses, their concepts, signs and types, problems of punishment, other legal consequences. \u0000Much attention was paid to Professor M.I. Bazhanov devoted himself to the study of single criminal offenses as structural elements of the multiplicity of criminal offenses. In particular, under his scientific guidance, two dissertations of candidates of legal sciences were prepared and successfully defended, devoted to the specified torts: in 1990 - I. О. Zinchenko: \"Compound crimes in Soviet criminal law: concepts, types, some problems of qualification and construction of sanctions\" and in 2002 by Ye. V. Shevchenko: \"Crimes with derivative consequences\". \u0000Thus, there is no doubt that M. I. Bazhanov's contribution to the study and development of the doctrine of the multiplicity of criminal offenses is extremely important, and his scientific concepts and expressed ideas are still relevant for the doctrine of criminal law today.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"21 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":"121048887","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":"Practice of bringing to criminal liability on Article 126-1 of Criminal Code and ways of increasing its efficiency","authors":"A. Politova","doi":"10.21564/2311-9640.2022.18.267581","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267581","url":null,"abstract":"In connection with the ratification of the Convention of the Council of Europe on the prevention of violence against women and domestic violence and the fight against these phenomena (Istanbul Convention), the issue of the practice of prosecution under Art. 126-1 of the Criminal Code of Ukraine. The article notes that the problem of combating domestic violence constantly attracts the attention of not only forensic scientists, but also judges, lawyers, and human rights defenders. \u0000Statistical data on the number of cases of domestic violence were considered. It is emphasized that when interpreting the concept of \"criminal offenses related to domestic violence\", referring to them only Art. 126-1 of the Criminal Code of Ukraine is not entirely correct and correct, since the concept of \"domestic violence\" enshrined in the Council of Europe Convention on the prevention of violence against women and domestic violence and the fight against these phenomena and the Law of Ukraine of December 7, 2017 No. 2229-VIII \"On prevention and combating domestic violence\" is broader than the law of Ukraine on criminal liability. \u0000The existing approaches to the interpretation of such a mandatory feature of the composition of a criminal offense as \"systematic perpetration of physical, psychological or economic violence\" were studied and the lack of unity in judicial practice regarding its interpretation was noted. Attention is focused on the decision of the Supreme Court dated February 25, 2021 in case No. 583/3295/19, where its interpretation is given and problematic issues of the use of this decision by the courts are considered. A conclusion was drawn on the need to generalize judicial practice (as of November 6, 2022 – the total number of verdicts in the first instance is 2,137) and to take into account the decisions of the European Court of Human Rights in this category of cases when sentencing.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"73 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":"126174901","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 Code of Ukraine 2001: chronicles of preparation and adoption","authors":"V. Borysov","doi":"10.21564/2311-9640.2022.18.267491","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.267491","url":null,"abstract":"The study of the preparation and adoption of the Criminal Code of Ukraine of 2001 is of cognitive importance for the modern generation of the national legal community, since the Working Group on the Development of Criminal Law (approved by the Decree of the President of Ukraine No. 584/2019 of 07.08.2019) is currently developing a new Criminal Code of Ukraine. The author set out to show how responsible, complex and intense the process of developing a legal act of a codified level is. The work on the draft of the Criminal Code of 2001 lasted more than 8 years, the most qualified practitioners, leading scientists, university professors, employees of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the Ministry of Justice of Ukraine, and, of course, the people's deputies of Ukraine, who adopted it on April 5, 2001, were involved in its development. The Criminal Code of Ukraine of 2001 is actually the first fundamental legal act, which became a significant event in the development of Ukraine as a sovereign, independent, democratic, social and legal state. The article defines the main stages of work on the Code related to the approval of conceptual provisions and the development of regulatory material on their basis, bringing the draft law in line with the Constitution of Ukraine of 1996 and generally accepted principles and norms of international law, the procedure for its adoption by the Verkhovna Rada of Ukraine. According to the author's estimates, the working group prepared 10 editions of the Code, each of which was the subject of thorough discussion. The conclusion about the importance of the Criminal Code of 2001 in the formation of Ukraine is made.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"10 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":"133804396","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":"Implementation in Ukraine of the state policy to reduce the severity of the consequences of road accidents","authors":"S. S. Shramko","doi":"10.21564/2311-9640.2022.18.268272","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.18.268272","url":null,"abstract":"The article deals with the implementation of state policy in Ukraine to reduce the severity of the consequences of road accidents. It is stated that the foundations of state policy are laid down in state programs, plans and strategic documents. The key directions of road safety are contained in legal acts that reflect strategic, perspective, short-term and long-term plans for achieving the goal. Such documents are the State Program for Improving Road Safety in Ukraine and the Strategy for Improving Road Safety in Ukraine. It is noted that some of the measures and directions adopted for the new term of the State Program and Strategy remain unchanged, but their definition is being improved from year to year and becomes less declarative. \u0000The analysis of the effectiveness of legislative changes to strengthen responsibility for driving while intoxicated is carried out. The conclusion is made that the state policy in the field of road safety, in particular, to reduce the severity of the consequences of road accidents, has sufficient regulatory and legal consolidation. Strategic and program documents contain specific measures and directions of road safety, but there is no statistics on the effectiveness of the measures taken, analysis of costs for each item and miscalculations, as well as their critical assessment. \u0000A number of proposals were made that will contribute to more effective implementation of the state policy to reduce the severity of road accidents. These are: improvement of the system of collecting information on road accidents, its processing, research and analysis in order to develop and implement effective preventive measures; assessment of the effectiveness and efficiency of the measures implemented to determine the priority of funding; conducting a sound economic assessment of the cost of life, health and damage to the economy from road accidents.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"54 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":"127620006","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":"Fulfillment of the obligation to protect the Matherland, independence and territorial integrity of Ukraine as a circumstance that excludes criminal wrongfulness of the act","authors":"O. Sharmar","doi":"10.21564/2311-9640.2022.17.257792","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.17.257792","url":null,"abstract":"The article is devoted to the analysis of legislative changes related to the criminal law regulation of relations arising in connection with the imposition of martial law on the territory of Ukraine as a result of the armed aggression of the Russian Federation on February 24, 2022. Legislative provisions on ensuring the participation of civilians in the defense of Ukraine are analyzed. The content of the circumstance that excludes the criminal illegality of the act of fulfillment of the duty to protect the Matherland, independence and territorial integrity of Ukraine, provided for in Article 431 of the Criminal Code of Ukraine. The concept of combat immunity and its relationship with the circumstance that excludes the criminal illegality of the act - the act associated with risk. Combat immunity is the release from military responsibility of military command, servicemen, volunteers of the Territorial Defense Forces of the Armed Forces of Ukraine, law enforcement officers who, in accordance with their powers, participate in the defense of Ukraine, persons defined by the Law of Ukraine , including criminal, for the loss of personnel, military equipment or other military property, the consequences of the use of armed and other force in repelling armed aggression against Ukraine or the elimination (neutralization) of armed conflict, other defense tasks of Ukraine using any types of weapons (weapons), the occurrence of which with reasonable care could not be foreseen in the planning and implementation of such actions (tasks) or covered by justified risk, except in cases of violation of laws and customs of war or use of force under international treaties, viscosity of which is provided by the Verkhovna Rada of Ukraine\". It is argued that the use of the phrase \"impossible to predict\" in the concept of combat immunity means the absence of negligent guilt and the composition of the criminal offense. Legislative inconsistencies between the provisions of the Criminal Code of Ukraine and the Law of Ukraine \"On Defense\", the Law of Ukraine \"On the National Police\" on non-prosecution for repelling the enemy in the face of armed aggression of the Russian Federation are analyzed.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121521196","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 offenses against property: object, subject and types. Characteristic of illegal mercenary acts related to the seizure and (or) circulation of other people's property","authors":"V. Borysov","doi":"10.21564/2311-9640.2022.17.257291","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.17.257291","url":null,"abstract":"The lecture is devoted to general characteristic and prevalence of criminal offenses against property, their types are considered. The main attention is paid to illegal mercenary acts related to the seizure and (or) circulation of other people's property in favor of the perpetrator or other persons: their analysis is provided at the generic level; the signs of other people's property (physical, economic, social, legal) as subject of encroachment on property are considered; meanings of the terms «seizure», «circulation», «illegality», «gratuitousness» are found out; criteria for determining amount of real damage caused by encroachment on property are outlined; the moments of completion of acts depending on the form of their commission are marked; the signs of mens rea and delinquent of these offenses are given.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126754787","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":"Forfeiture of property as a type of punishment","authors":"V. I. Tiutiuhin","doi":"10.21564/2311-9640.2022.17.257856","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.17.257856","url":null,"abstract":"The author analyzes the concept, essence and types of confiscation of property, the ground, procedure and features of application of this additional type of punishment, and identifies the features that distinguish forfeiture from special confiscation.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114780840","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 novel about collaboration activities","authors":"N. Symonenko","doi":"10.21564/2311-9640.2022.17.257848","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.17.257848","url":null,"abstract":"The article is devoted to the criminal law analysis of Art. 111-1 of the Criminal Code of Ukraine \"Collaborative activities\". The object of criminal offenses is the foundations of national security of Ukraine. Additional objects may include human life and health and property rights. Subjects in Part 1, Part 2, Part 3, Part 5, Part 7. - these are only citizens of Ukraine (special subject), in part 4 and part 6 - these are any persons (general subject). Subjective side - direct or indirect intent. In terms of the composition of offenses important for the correct criminal-legal qualification of the act is the purpose: for Part 3 - the purpose of propaganda; under Part 6 - the purpose of organizing and conducting measures (or) and namely active participation in them in support of the aggressor state or its avoidance of responsibility for armed aggression against Ukraine). The objective side is disclosed for each corpus delicti under Art. 111-1 CC. The correlation of this composition of a criminal offense with related criminal offenses, such as Article 111 of the Criminal Code of Ukraine \"Treason\" and Article 260 of the Criminal Code of Ukraine \"Creation of paramilitary or armed formations not provided by law.\"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124982231","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 legitimate professional activity in the sphere of preparation and dissemination of mass information","authors":"Yurii Vasylovych Grodetsky","doi":"10.21564/2311-9640.2022.17.260526","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.17.260526","url":null,"abstract":"The article examines criminal offenses in the field of legal professional activity in the field of preparation and dissemination of mass information.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129037461","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":"Depravity and lewd acts under Article 156 of the Criminal Code of Ukraine in the coordinates of legal certainty","authors":"O. Radutniy","doi":"10.21564/2311-9640.2022.17.254807","DOIUrl":"https://doi.org/10.21564/2311-9640.2022.17.254807","url":null,"abstract":"The article contains critical remarks on the wording of Article 156 (\"Depravity of minors\") of the Criminal Code of Ukraine, reveals its inconsistency with the provisions of the Council of Europe Convention for the Protection of Children against Sexual Exploitation and Sexual Violence of 25.10.2007, as well as lack of legislation the content and scope of the concepts of \"depravity\" (Article 156 of the Criminal Code of Ukraine) and \"lewd acts\" (Articles 181, 156, 302 of the Criminal Code of Ukraine), which in accordance with the principle of legal certainty is a violation of Article 8 of the Constitution of Ukraine. The thesis about the inadmissibility of sending the blanket norm of criminal legislation (Articles 181, 156, 302 of the Criminal Code of Ukraine) to unspecified norms of morality, which, in turn, is historically variable and differs depending on religion, political or corporate preferences, views of minorities or people of different races, nationalities and genders, etc. A new version of Article 156 (\"Depravity of a person under the age of sixteen\") of the Criminal Code of Ukraine has been proposed.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114594630","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}