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

{"title":"Lecture on the topic: \"Conviction: the concept, features, legal consequences, repayment and removal of convictions\" (Articles 88-91 of the Criminal Code of Ukraine)","authors":"V. I. Tiutiuhin","doi":"10.21564/2311-9640.2021.15.235708","DOIUrl":"https://doi.org/10.21564/2311-9640.2021.15.235708","url":null,"abstract":"The lecture focuses on the main issues of the institute of criminal record. In particular, the following issues are considered: 1) the concept and features of a criminal record; 2) negative legal consequences caused by a person's criminal record; 3) preconditions, grounds, procedure for calculating the terms of repayment of a criminal record; 4) conditions for removal of a criminal record.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132917763","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":"Criminological analysis of criminal offenses against the environment","authors":"Сергей Юрьевич Lukashevich, N. Shevchenko","doi":"10.21564/2311-9640.2021.15.231356","DOIUrl":"https://doi.org/10.21564/2311-9640.2021.15.231356","url":null,"abstract":"The article subjected to criminological analysis of criminal offenses against the environment. The study of statistical information of the Prosecutor General's Office of Ukraine, contained in the Uniform reports on criminal offenses for 2013-2020 (Form 1: approved by Order of the State Prosecutor's Office of Ukraine dated 23.10.2012 in coordination with the State Statistics Committee of Ukraine) and other sources of empirical information shows a tendency of growing level of criminal offenses against the environment on the background of general decrease of crime level in Ukraine. The structural elements and dynamics of criminal offenses against the environment are provided. The criminal offenses against the environment are noted as a serious problem in modern society. Basing on the considered material the authors conclude that criminal offences against the environment have a tendency of steady increasing, and the necessity of this phenomenon to be resolutely struggled.   The authors emphasize the problem of the latency of crimes in studying area.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132131986","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":"Conclusions of the Supreme Court on the subject of trading in influence (Part 2 of Article 369-2 of the Criminal Code of Ukraine): a critical theoretical analysis","authors":"Vasyl Mykolaiovych Kyrychko","doi":"10.21564/2311-9640.2021.15.234695","DOIUrl":"https://doi.org/10.21564/2311-9640.2021.15.234695","url":null,"abstract":"The article analyzes the conclusion of the Joint Chamber of the Criminal Court of Cassation of the Supreme Court (cited in the decision of March 29, 2021) on the recognition of the subject of trading in influence (Part 2 of Article 369-2 of the Criminal Code of Ukraine) of any natural person who has reached the age of criminal responsibility. It has been established that such an interpretation of the characteristics of the subject of this crime may cause negative legal consequences of a systemic nature.\u0000In particular, such an interpretation may lead to a violation of the system of criminal law on corruption bribery, which is already provided for in the Criminal Code of Ukraine, and according to which the trading in influence by officials or persons providing public services qualifies under Article 369-2. As a result of the new interpretation of the signs of the subject of trading in influence, certain types of such a crime will be qualified under Article 368 of the Criminal code of Ukraine, and Article 369-2 will cease to be such that in all cases has signs of corruption. Such a decision does not comply with the provisions of the UN Convention against Corruption, in which the trading in influence under Article 18 of the Convention is recognized as an independent type of corruption crimes.\u0000Expanding the range of subjects of crime under Part 2 of Article 369-2 of the Criminal code of Ukraine will also lead to competition of this article with other articles of this Code about non-corruption crimes. Article 369-2 will have an advantage in application and provide for stricter liability, but there is no legal basis for such an increase in liability. Similarly, Article 369-2 may unreasonably apply to actions that are not socially dangerous.\u0000It is substantiated that the provisions of Part 3 of the note to Article 354 of the Criminal code of Ukraine have direct value for correct definition of the subject of trading in influence (Part 2 of Article 369-2 of the Criminal Code). According to them, as well as taking into account the systemic links of this criminal law, the subjects of this crime should be recognized as an official or a person who provides public services. This article of the Code should be criminally liable for bribery to trading in influence (opportunities) associated with the official (in a broad sense) powers of such persons.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"25 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133008951","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":"Means of ensuring the understandability of criminal legal norms under the authentic national legislation of the X-XVIII centuries","authors":"O. Musychenko","doi":"10.21564/2311-9640.2021.15.235705","DOIUrl":"https://doi.org/10.21564/2311-9640.2021.15.235705","url":null,"abstract":"In the article the normative acts that contained criminal law norms and operated on the territory of modern Ukraine were analyzed, which made it possible to trace the development of legal techniques and identify the directions used by the compilers for a clear statement of criminal law norms. It is established that at the first stages of formation of legal technique commitment for intelligibility was reflected only in the proximity of the language of acts (primarily vocabulary) to the living vernacular. It was gradually realized that not only the improvement of terminology, but also the specifics of syntax, standardization of individual articles of criminal law, clear structure and sequence of material both within articles and in general are necessary for intelligibility of the criminal law. \u0000An analysis of the texts of Russkaya Pravda (various editions), three Lithuanian Statutes, \"Rights under which the Little Russian people are tried\" showed that during the existence and validity of these acts there was a process of forming an authentic national tradition of lawmaking, legal technique of criminal law was improving. These acts, compared to the then European ones which were difficult to perceive and understand, were easily applied and generally understandable to a wide range of subjects of criminal law. For this purpose, linguistic and stylistic means were used and subsequently improved: in the conditions of diglossia the language of normative acts was brought closer to the vernacular with the obligatory use of clear, according to their origin, legal tokens; an attempt to describe accurately the action through a casuistic statement and at the same time an awareness of the need for an abstract statement (so far only by supplementing the lists with generalizing words); uniformity of construction of criminal law prohibitions; more logical systematization of normative material, structuring both acts as a whole and certain criminal law provisions. At the same time the desire for accuracy and clarity gradually leveled such a requirement as conciseness.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121786682","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":"Grounds of socially dangerous acts criminalisation on the example of vandalism","authors":"K. Salaieva","doi":"10.21564/2311-9640.2021.15.228574","DOIUrl":"https://doi.org/10.21564/2311-9640.2021.15.228574","url":null,"abstract":"The article defines the concept and grounds of criminalisation on the example of vandalism as a negative social phenomenon. The author proves that the scale of vandalism and the consequences of its commission increase due to the ignoring of this problem by the legislator.\u0000 The main criterion for criminalisation is the need to use it to combat a particular type of action. This need is due to the impossibility of preventing certain types of anti-social behaviour by non-criminal means. This aims at the legislator to refrain from criminal liability in all cases without exception, when it is unable to serve the purpose of reducing the crime rate of the type.\u0000 Issues of criminalisation of socially dangerous acts are developed by modern criminal law science, but are not always taken into account in the development and adoption of certain laws on criminal liability, which may create imperfections in these laws and inconsistencies in law enforcement practice. Science has proposed many variants of the principles of criminalisation, which often differ significantly from each other. However, all of them can be grouped into 3 major groups: legal-criminological, socio-economic and socio-psychological. We proton to consider compliance with the grounds for criminalisation on the example of committing acts of vandalism, which we propose to supplement with aggravating circumstances.\u0000         The listed grounds for criminalisation of vandalism confirm the possibility to include it in the list of socially dangerous criminally illegal acts. It is clear that the list of these grounds is somewhat larger, and the proposed study lists only those that correspond to vandalism. In addition, it is not necessary for criminalisation to have all of these grounds at the same time and in combination, as any one or some of these grounds may be sufficient.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"735 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127756052","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":"Social Conditionality of Criminal Liability for Persistent Failure to Perform Duties Related to the Care of a Child or a Person under Guardianship or in the Custody","authors":"Валерія Русланівна Філіпенко","doi":"10.21564/2311-9640.2020.14.216751","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.216751","url":null,"abstract":"The article is devoted to the substantiation of establishing and maintaining criminal liability for persistent failure to perform duties related to the care of a child or a person under guardianship or in the custody. For this purpose the basic factors of social conditionality of criminal liability for the crime provided by Art. 166 of the Criminal Code of Ukraine was discovered and analyzed. These include social (socio-economic and socio-psychological), regulatory, criminological and institutional. It is established that socio-economic factors indicate the importance and necessity of the state to ensure the normal existence, development and upbringing of children and wards in an economically unstable situation in the country, inadequate material and living conditions, the progress of social orphanhood. It is researched that socio-psychological factors include the value of living of children and wards in the family environment, the difficulties of their socialization, the unfavorable psychological climate in the family. Regulatory factors are represented by a system of legal norms, which are enshrined at the constitutional, international legal, legislative and by-law levels. It has been found out that the social danger of persistent failure to perform duties related to the care of a child or a person under guardianship or in the custody is a main criminological factor. It is proved that the prevalence of the act, the validity of criminal measures to combat it and the high level of latency of this crime also determine the preservation of criminal liability for it. Institutional factors are reflected in the system of institutions of international and national (specialized institutions, law-enforcement agencies, non-governmental organizations) levels.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115076910","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":"Euthanasia in theRepublicofPoland: criminal and legal regulation","authors":"Мар'яна Юріївна Шуп'яна","doi":"10.21564/2311-9640.2020.14.218776","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.218776","url":null,"abstract":"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122564620","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":"Lecture on the topic: «General characteristics of criminal offenses against electoral, labor and other personal rights and freedoms of man and citizen (Articles 157–184). Criminal offenses against electoral rights of citizens (Articles 157–160)»","authors":"Ірина Олександрівна Зінченко, Євген Валерійович Шевченко","doi":"10.21564/2311-9640.2020.14.218751","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.218751","url":null,"abstract":"A general description of criminal offenses against electoral, labor and other personal rights and freedoms of man and citizen (Articles 157-184 of the Criminal Code of Ukraine) is given, and criminal offenses against the electoral rights of citizens (Articles 157-160 of the Criminal Code of Ukraine) are considered in more detail.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132942877","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":"Comparative-critical Analysis of the Provisions of the Criminal Code of Ukraine on Liability for Offences Committed by Criminal Association","authors":"Ксенія Володимирівна Юртаєва, Роман Романович Романів","doi":"10.21564/2311-9640.2020.14.218829","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.218829","url":null,"abstract":"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"244 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121984801","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":"Cо-perpetrators of incitement to suicide","authors":"Ірина Анатоліївна Копйова","doi":"10.21564/2311-9640.2020.14.217688","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.217688","url":null,"abstract":"The objective and subjective characteristics of cо-perpetration of incitement to suicide is analyzed. The author determined the content of acts that are methods of incitement to suicide or attempting to suicide has been as well as established their terminal time. It is substantiated that the cruel treatment of person, black-mail, systematic abasement of human dignity or systematic illicit constraint to commitment acts that adverse his volition, with purpose to germinate victim's intention to commit suicide, differ from the instigation to suicide first of all in that this acts are not identified by uncovered communication of idea to commit suicide. The author recognized the other actions that contributing to the commission of suicide as provision of any help in the realization of person's intention to commit suicide that is after this intention has already arisen. The instigation to suicide and the other actions that contributing to the commission of suicide which from reasons beyond the person's volition didn't lead to suicide or attempted suicide should be considered as attempted assassination of incitement to suicide. If it is established that the cruel treatment of person, blackmail, systematic abasement of human dignity or systematic illicit constraint to commitment acts that adverse his volition, is committed with purpose to germinate victim's intention to commit suicide or attempted suicide, when in case of if the victim doesn't commit an act of suicide, the commission of this act should be considered as attempted assassination of incitement to suicide. If the cruel treatment of person, blackmail, systematic abasement of human dignity or systematic illicit constraint to commitment acts that ad-verse his volition, is committed by cо-perpetrators without purpose to germinate victim's intention to commit suicide or attempted suicide, then the persons who committed such acts are recognized as cо-perpetrators of incitement to suicide only if there has been consequence in the form of suicide or attempted suicide, and provided that such a consequence is treated with indirect intent.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129809733","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}