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

{"title":"Ways to improve provisions of the stages of committing a crime and voluntary refusal","authors":"Юрій Васильович Гродецький","doi":"10.21564/2311-9640.2020.14.219153","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.219153","url":null,"abstract":"The article analyzes the draft of the new Criminal Code (hereinafter – the Draft), which was prepared by the working group on the development of criminal law within the Commission on Legal Reform, established by Presidential Decree No 584/2019 of 07.08.2019. The research is focused on the provisions of unconsummated crime and voluntary refusal in case of unconsummated crime, stipulated by section 2.4 of the Draft. It is established that these provisions do not fully comply with the principle of legal certainty, which is stipulated by Art. 1.2.3 of the Draft.The arguments provided in favor of the fact that the provisions of voluntary refusal in case of unconsummated crime (Article 2.4.4 of the Draft) and voluntary refusal in case of unconsummated crime committed in complicity (Article 2.4.5 of the Draft) should not be stipulated by section 2.4, which is called «Unconsummated Crime». The conclusion is proven that the provisions of voluntary refusal should be stipulated by a separate section of the General Part of the Criminal Code. This conclusion is made from the fact that these provisions have only their inherent legal nature, which is different from the legal nature of the provisions of the unconsummated crime. In addition, these provisions have the characteristics of an independent institution of criminal law. In this regard, the provisions of voluntary refusal may claim some separation in the system of criminal law. It is proposed to place the provisions of voluntary refusal in a separate section of the General Part of the Draft after the provisions of unconsummated crime and after the provisions of complicity in crime.Attention is drawn to the conceptual incompatibility of the concepts of «unconsummated crime» and «stages of committing a crime». The term «unconsummated crime» logically corresponds to the French legal system, while the «stage of committing a crime» – to the German. Simultaneous use of them in the Criminal Code causes contradictions in the interpretation of criminal-legislative provisions.It is proposed to eliminate this contradiction by choosing the French or German legal system by the developers of the Draft, which will then become a fundamental basis for developing conceptually agreed provisions.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"14 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":"122868189","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":"Combating Bullying in European Countries: Criminal Legal Aspects","authors":"Анна Олександрівна Ведернікова","doi":"10.21564/2311-9640.2020.14.218802","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.218802","url":null,"abstract":"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"4 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":"122233211","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":"Torture and inhuman treatment in the context of the relevant practice of the European Court of Human Rights","authors":"Лілія Юріївна Тімофєєва","doi":"10.21564/2311-9640.2020.14.216748","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.216748","url":null,"abstract":"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"27 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":"124943131","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":"On the prospects of legislative regulation of provocative behavior and its legal consequences","authors":"Олександр Олексійович Дудоров","doi":"10.21564/2311-9640.2020.14.217578","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.217578","url":null,"abstract":"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"314 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":"122316121","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":"Understanding of sincere repentance in the decisions of the Supreme Court: theoretical analysis","authors":"Ерік Ервандович Міщенко","doi":"10.21564/2311-9640.2020.14.216976","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.216976","url":null,"abstract":"The article examines the Supreme Court's legal rules regarding the defining features of sincere repentance and the factors that indicate its presence. It has been established that the Supreme Court often resorts to an ambiguous interpretation of the content and forms of manifestation of sincere repentance and the use of value judgments when it applies the provisions of the Criminal Code regarding sincere repentance. In several decisions, the Supreme Court ruled that active repentance is present when two conditions are met. First, the perpetrator shall fully confess to the committed crime, and second, she shall truthfully testify about all known to her circumstances of the offense. The Supreme Court also noted that if a person conceals the substantial circumstances of a crime, which significantly complicates its disclosure, confesses only in part of committed to avoid a just punishment, her repentance cannot be considered sincere, genuine. Such language, full of value judgments used by the Court, does not facilitate the uniformity in applying the criminal law.Supreme Court's case-law suggests no need to establish all the possible forms of manifestation of sincere repentance in the perpetrator's conduct to apply to mitigate his sentence. It is generally sufficient to prove a perpetrator's confession and establish that he has faithfully testified about all known to him circumstances of the committed crime to law enforcement. Other possible manifestations of sincere repentance affect the credibility of the perpetrator's statement regarding his genuine repentance.It has been established that active repentance does not require the perpetrator to agree with the qualification of the crime offered by law enforcement. The right to disagree with the qualification of crime by prosecution is an essential part of the constitutional right to self-protection against criminal charges. Narrowing down the scope of this right may not constitute a pre-condition for mitigation of criminal liability.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"62 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":"129397406","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: «The concept of the Special part of the criminal law ofUkraine, its system and meaning. Scientific basis for the classification of crimes»","authors":"Вячеслав Іванович Борисов","doi":"10.21564/2311-9640.2020.14.218600","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.218600","url":null,"abstract":"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"47 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":"127217202","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 inUkraineof positive foreign experience in the prevention of crimes associated with illegal transplantation","authors":"Людмила Анатоліївна Жерж","doi":"10.21564/2311-9640.2020.14.218810","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.218810","url":null,"abstract":"The article presents an analysis of various crime prevention systems related to illegal transplantation in foreign countries and identifies the main aspects of effective crime prevention, which should be addressed in the process of establishing a system for the prevention of this type of crime in Ukraine. The study is based on the best practices of only those European countries (Croatia, Belgium, Israel, Poland, Spain) that have been able to minimize trafficking in human organs for transplantation and trafficking in anatomical materials through well-selected prevention measures.In Ukraine, for the period from 2010 to 2019, according to the National Police of Ukraine and the General Prosecutor's Office of Ukraine, 58 crimes under Art. 143 of the Criminal Code of Ukraine «Violation of the procedure established by law for the transplantation of human anatomical materials» and 4 acts under Art. 149 of the Criminal Code of Ukraine (in particular, regarding human trafficking committed for the purpose of exploitation in the form of organ harvesting for transplantation). Analyzing the official data of criminal statistics on registered crimes related to the illegal transplantation of human anatomical materials on the territory of Ukraine, it can be assumed that these problems are not relevant for our state. At the same time, contrary to official criminal statistics, at one of the last meetings of the Council of Europe, attention was focused on the fact that traffickers in human organs or human tissues are actively operating on the territory of Eastern European states and, in particular, in Ukraine.The author proposes a comprehensive system of measures to prevent these criminal acts in Ukraine","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"261 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133350737","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: «Voluntary refusal of participants»","authors":"Юрій Васильович Гродецький","doi":"10.21564/2311-9640.2020.14.219124","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.14.219124","url":null,"abstract":"The lecture is devoted to the provisions of Article 31 of the Criminal Code of Ukraine «Voluntary refusal of accomplices». The following issues are considered: the concept and general features of voluntary refusal of accomplices in a criminal offense; voluntary refusal of the executor (co-executor); voluntary refusal of the organizer, instigator and accomplice; voluntary refusal of a member of an organized group or criminal organization.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"28 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":"126877558","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":"Regarding actusreusas a sign of the corpus delicti of a crime provided for in the Art. 281 of the Criminal Code ofUkraine","authors":"Олександр Олексійович Квітка","doi":"10.21564/2311-9640.2020.13.205792","DOIUrl":"https://doi.org/10.21564/2311-9640.2020.13.205792","url":null,"abstract":"The article is devoted to clarifying the specific content of the forms of actus reus as a sign of the objective side of the crime under the Art. 281 of the Criminal Code of Ukraine. The definition of the concept of \"violation\" in regulations and in the works of scientists who have researched the crimes with this concept is considered.The definition of violation of rules related to air flight safety is formulated as non-observance or improper observance of safety requirements stipulated by the flight rules or implementation during operation of aircrafts, aerodromes, etc. directly prohibited in the rules actions by persons – non-employees of air trans-port, who operate aircraft (both manned and unmanned), as well as perform ground work related to their use.It is concluded that violation of rules related to air flight safety is expressed both in the form of active action (transmission of commands to aircrafts or un-manned aerial vehicle mechanisms to change or start traffic, report inaccurate in-formation to other air traffic participants) and inaction expressed in failure to per-form certain actions that a pilot or operator of an unmanned aerial vehicle mechanism was obliged to carry out. Violations can be committed both indirectly and directly. As a rule, the illegal act of a crime under the Art. 281 of the Criminal Code consists of a set of actions and inactions that lead to socially dangerous con-sequences.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130195289","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":"Crime mapping","authors":"Максим Геннадійович Колодяжний","doi":"10.21564/2311-9640.2019.12.189828","DOIUrl":"https://doi.org/10.21564/2311-9640.2019.12.189828","url":null,"abstract":"","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123192032","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}