Herald of criminal justice最新文献

{"title":"Theoretical foundations of scientific support of judicial activity","authors":"N. Kholodenko","doi":"10.17721/2413-5372.2019.4/130-137","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/130-137","url":null,"abstract":"An independent, legitimate, effective judicial power in the state is a prerequisite for sustainable development of society, as a guarantee of proper implementation of justice as an important component of establishing and developing a democratic regime. As the international institutions rightly stress, \"justice is aimed at resolving disputes between the parties and, through decision-making, to play a\" normative \"and\" enlightening \"role, giving citizens appropriate guidance, information and guarantees regarding the law and its practical application. Therefore, in the context of ongoing judicial reform, which destabilizes the activities of the judiciary in general and law enforcement practice in particular, important are the fundamental things that enable the Institute of Judicial Protection to perform the functions assigned to it. Among them prominent place is given to scientific providing of judicial activity. After all, science is able predict directions of development of social relations and judicial practice, to resolve issues of legal conflicts and existing in legislation of gaps. Therefore, science should be an integral the \"companion\" of the activity of the court, prominent place in which allotted enforcement.\u0000\u0000The purpose of the article is to analyse the content of the category \"scientific support of judicial activity\" and wording the relevant concept.\u0000\u0000As a result of the analysis, the following conclusions are obtained: Scientific support of judicial activity is based on the intellectual creative activity of certain subjects, which possess special knowledge and skills aimed at creation of knowledge and/or finding ways of their application for the needs and for the benefit of judicial activity. Unlike other areas of organizational support, scientific support of courts always involves the use of methodological tools in conjunction with theoretical developments and empirical data. It allows to use innovative approaches in the process of administration of justice and direct the development of judicial system in the direction of a public request. Thanks to him, there is a change of worldview judges and law enforcement practice. In addition, scientific support of judicial activity is a manifestation of interrelations of the judicial system with the \"outside world\", thereby developing its transparency. Thus, the notion of scientific support of judicial activity arises as a system of subjects, types of their intellectual activities and means, based on the methodology of scientific knowledge and scientific principles, functioning of which is aimed at satisfying the needs arising in the activities of the courts.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"543 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128376974","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":"Problems of identifying signs of a victim in the crimes depots provided by articles 397-400 of the Criminal Code of Ukraine","authors":"M. Kutsevych","doi":"10.17721/2413-5372.2019.3/124-135","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/124-135","url":null,"abstract":"One of the key signs of so-called special structures of crimes, in article 397-400 of the Criminal Code of Ukraine of 05.04.2001 (next – CC), is an injured person. At present, a doctrinal approach to interpreting the content of signs of a victim in the warehouses of these crimes is distinguished by its inaccurate and discompliance with the literal meaning of the notions taken to indicate signs of such a victim in a special regulatory legislation. Therefore, it requires a Legal norms that would ensure the protection of such victim.\u0000\u0000The purpose of the article is to determine the main problems that arise when determining the signs of a victim in warehouses of crimes stipulated in article 397-400 of the Criminal Code and the ways of their solution.\u0000\u0000The study demonstrated the following problems:\u0000\u0000The concept of a defender and a representative who provides legal assistance, taken by the legislator, as such, indicating the special legal status of the participant in the relevant proceedings.\u0000In the warehouses of crimes stipulated in art. 397 – 400 of the Criminal Code, the integral characteristic of the special victim is:\u0000The defender, in connection with the activities associated with providing legal assistance\u0000Close relatives of the defender, in connection with the activities related to the provision of legal assistance to the defender\u0000The representative in connection with activities related to the provision of legal assistance to\u0000Close relatives of the representative in connection with the activities related to the provision of legal assistance to the representative.\u0000The term \"representative, in connection with activities related to legal assistance,\" is not covered by a number of participants in procedural proceedings called the representative, but not formally are those that provide legal assistance.\u0000Outside the criminal law guard, which is provided by a group of special norms, which are located in section XVIII of the special part of the Criminal Code of Ukraine \"Crimes against justice\": Art. 397 – 400 of the Criminal Code, five types of procedural proceedings that Effectively protect and represent the interests of another participant of procedural proceedings, but formally their procedural activity has a different name:\u0000Representative of the victim, legal entity, namely: Supervisor, other person, authorized by law or constituent documents, employee of legal entity by proxy – Part 2 of article 58 of the CPC;\u0000Legal representative of the minor victim-article 59 of the Criminal Procedural Code;\u0000Witnesses ' advocate – Article 66 of the Criminal Procedural Code;\u0000Legal representative of a participant in the case-P. 1 of art. 58 Commercial Procedural Code, P. 1 of art. 58 Civil Procedural Code, Part 1 of art. 57 Code of Administrative Justice;\u0000A legitimate representative of a person brought to administrative responsibility, and a victim who is underage or persons who, because of his physical or mental disabilities, may not exercise their rights in cases ","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122688582","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":"Monitoring of bank account as a means of obtain evidence: the question about improving procedural form","authors":"O. Starenkyi","doi":"10.17721/2413-5372.2019.3/62-71","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/62-71","url":null,"abstract":"In the system of criminal proceedings means of obtain evidence the important place has an investigative (search) action which help to solve the grave and the particularly grave crimes, as show in world and domestic practice. One of the reason of the low level using the results of investigative (search) action in the criminal proceeding proof is imperfect procedural form the separate undercover investigative (search) actions which includes monitoring of bank accounts. \u0000\u0000The author of the article aims to explore the problematic issues of procedural form of monitoring of banking accounts as a means of obtain evidence in criminal proceed.\u0000\u0000Raising the issues of legal regulation of monitoring of banking accounts in criminal procedural legislation in the foreign country (Bulgaria, Georgia, Estonia, Latvia, Serbia, Slovenia, Croatia).\u0000\u0000 Attention is drawn to the inadmissibility of identification monitoring of banking accounts with governmental financial monitoring. That measures of their legal nature, the subjects, the reason and the objective, the evidentiary value of their results are significantly difference.\u0000\u0000The incorrectness of the legislative technique in formulating provisions is indicated in p.1 art. . 2691 of Criminal procedural code of Ukraine which show that monitoring of banking accounts can be conducted as an certain condition and in the presence of grounds for assuming the possibility of achieving the goal in the norm. Propose to change the formulation “ if there is reasonable suspicion that the person is committing crime with banking account” on “ finding and fixation illegal action person with using bank account”\u0000\u0000In the p.1 art. 2691 of Criminal procedural code of Ukraine describes that the prosecutor have an obligation to apply for monitoring of banking accounts to investigating judge but in practice that application pre-prepared by detectives which limits their autonomy as a subjects of criminal procedural proof.\u0000\u0000Justified the position to make a change to art. 2691 of Criminal procedural code of Ukraine in the part of give the opportunities to conduct the monitoring of bank accounts not just detectives on National Anti-Corruption Bureau of Ukraine but by the investigators and by detectives from another pre-trial investigative bodies including detectives from The service of financial investigation.\u0000\u0000Taking into account the problematic issues which arise during the provision of art. . 2691 of Criminal procedural code of Ukraine the author proposes the new version of the article.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128286868","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":"Representative function of the public prosecutor`s office: defects of legislation","authors":"M. Stefanchuk","doi":"10.17721/2413-5372.2019.3/164-175","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/164-175","url":null,"abstract":"The current legislative regulation of the representative function of the prosecutor’s office in Ukraine contains a number of defects, which leads to a decrease in the effectiveness of law enforcement activities and the level of protection of the rights, freedoms and legitimate interests of participants of legal relations, and therefore the social importance of the prosecutor’s office activities outside the sphere of criminal justice in Ukraine. In such circumstances, there is a scientific discourse on the feasibility of retaining the powers of the prosecutor’s office outside the sphere of criminal justice in Ukraine, since the society seeks not for process for the sake of process, but for the result, which necessitates the scientific investigation of these defects in order to eliminate their consequences in law enforcement. The purpose of the article is to analyze the legislative regulation of the prosecutor’s office outside the sphere of criminal justice in Ukraine and the practice of its application in order to identify the defects of the legislation in this field, presenting their own vision on the prospects of legal support of the prosecutor’s office in this area in accordance with the needs and resources of society, as well as introduction proposals to remedy legislative defects in order to improve its enforcement. It is established that the legislative regulation of the representative function of the prosecutor’s office contains several defects, including: the declarative nature of the powers of the prosecutor, by which he is empowered in the process of exercising the representative function, especially in the pre-trial form of its implementation; appraisal terms in the legislative regulation of relations in a particular area, such as «state interests» and «exceptional cases»; the mismatch between the language structure and the content that the legislator sought to reflect in law, the manifestation of which is the definition of the object of the public prosecutor’s office of the «interest of the state», which in some cases is understood by the jurisdictions as a public authority and distorts the defined mission of the prosecutor’s office outside the criminal justice system at the level of the European institutions; the collisions in the legislative regulation of the representative function of the prosecutor’s office, which cause legal uncertainty as to the extent of the prosecutor’s powers in its implementation; the absence of a legislative conceptual vision of the public prosecutor’s office powers outside the criminal justice sphere. It is suggested that the basis for eliminating these defects in the legislation should be the necessity to change the conceptual model of prosecutor’s activity outside the sphere of criminal justice. The main elements of this model should be the clarification of the grounds for giving the prosecutor’s office guaranteed, not declarative powers outside the sphere of criminal justice, determined by the task of pr","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128729627","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":"The procedure of defines the volume of evidence in the court of first instance and the system of their research","authors":"O. Pylypchuk","doi":"10.17721/2413-5372.2019.4/174-184","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/174-184","url":null,"abstract":"The article focuses on the problem of defines the volume of evidence to be research and the system of their researching in the court of first instance including those evidence that arising in connection with changing dated 04.10/2019 in the Criminal procedural Code of Ukraine.\u0000\u0000The purpose of the article is to analyze the legislation and propose ways to improve current legislation in order to optimize procedures aimed at planning the research of evidence in the court of first instance.\u0000\u0000The current the Criminal procedural Code of Ukraine assumes that the amount of evidence to be research, the court receives not in the form of protocols, of proprietary evidence or other materials, and with a application speech, which is proclaimed by the parties at the beginning of the court session. Introductory speech is the first information that builds a court views about evidences, through which the parties intend to substantiate the substitution of their legal positions concerning the prosecution, their affiliation, admissibility and sufficiency, order of their research into Court hearings, as well as the content of other legal positions of the parties in this proceeding. During the proclamation of the application speeches, the parties cite the amount of evidence on which their position is built, after which the court must investigate the evidence submitted by them. To construct a structural and logical study of evidence, a necessary plan for such a study and establish the evidence study procedure.\u0000\u0000Under the concept of 'evidence research ' procedure, it is proposed to understand a certain sequence and order of of actions that will depend on a particular criminal proceeding. In the study of evidence, the court should consider the specifics of the proceeding; Specifics of the evidence submitted by the Parties; Focus how long it takes to study the submitted evidence. If a party raises a question about inadmissibility evidence, such doubt should be in writing decorated with appropriate evidence. A party that opposes such a written application shall refute such a statement by submitting the court its arguments. \u0000\u0000In the article analyses questions about inadmissibility evidence and making a propose to introduction procedure to recognition evidences how inadmissibility. In the presence of a substantiated position of rejection in the acceptance of evidence, the party may in writing argue about the recognition of such evidence invalid.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124891713","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 and legal protection of the authority of department of state guard of Ukraine: to the question","authors":"V. Kuznetsov","doi":"10.17721/2413-5372.2019.4/79-88","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/79-88","url":null,"abstract":"The article deals with the issues of the modern criminal and legal protection of the authority of the Department of State Guard of Ukraine (DSGU). The analysis of modern scientific works on related issues allowed us to conclude about another subject of their research (issues of administrative and legal regulation of the DSGU activity, criminal and legal protection of state security activities, criminal and legal protection of the law enforcement officers in general). It is stated that the criminal and legal standards that ensure the protection of servicemen of the DSGU from criminal encroachments have not been the subject of separate scientific researches.\u0000\u0000The purpose of the article is to identify the main problematic issues that arise in the regulation of criminal and legal protection of the authority of the DSGU.\u0000\u0000The article substantiates that the criminal and legal protection of the authority of the DSGU is achieved through the criminal and legal protection of the rights and freedoms of servicemen and employees of the DSGU in connection with the implementation of state protection.\u0000\u0000The following provisions are based on the following hypotheses:\u0000\u00001) it is impossible to limit in criminal and legal protection only general constitutional rights and freedoms (for example, life or health) of servicemen and employees of the DSGU;\u0000\u00002) criminal and legal protection of the authority of DSGU is carried out precisely in connection with the performance of certain official duties by the employees and servicemen of the DSGU;\u0000\u00003) special victim of crime is not only a serviceman but also an employee of the DSGU;\u0000\u00004) separate place is occupied by crimes committed by the servicemen of the DSGU against the same persons. This category of criminal offenses against the procedure established by law for servicemen or passing military service is classified in another legal category of «military crimes».\u0000\u0000Based on the foregoing, the following conclusions are proposed:\u0000\u00001) requires a modern scientific research of modern criminal and legal protection of the authority of the DSGU;\u0000\u00002) criminal and legal protection of the authority of the DSGU is achieved through the criminal and legal protection of the rights and freedoms of servicemen and employees of the DSGU in connection with the implementation of state protection;\u0000\u00003) all crimes committed against the rights and freedoms of servicemen and employees of the DSGU should be divided according to such objective and subjective elements (signs) as the generic object of the crimes, the purpose, motive and the subject of the crime;\u0000\u00004) considering the organic unity of such forms of committing crime, such as the threat of destruction or damage to property and the immediate destruction or damage of property, it is proposed to provide for criminal liability for such a threat in Part 1 of Art. 347 of the Criminal Code of Ukraine (effective Part 1 of Art. 347 of the Criminal Code of Ukraine to provide in Part 2, and Part 2 – in Par","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129510767","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":"Separate issues of a court sentence based on an agreement","authors":"Sayenko Sayenko","doi":"10.17721/2413-5372.2019.3/43-50","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/43-50","url":null,"abstract":"Among the procedural acts in criminal proceedings, adopted by the court, a sentence has a significant role. This is substantiated that all the preliminary procedural actions of the subjects, having been carried out before the sentencing, were directed to this decision which found the person guilty and prosecuted.\u0000\u0000The purpose of the article is to investigate the structure of a conviction, identifying one of the problems that arise when sentencing a criminal proceeding based on agreements, in particular when a person has not been convicted or convicted of a previous intentional crime.\u0000\u0000The analysis of Chapter 35 of the Criminal Procedure Code of Ukraine, the provisions of the Criminal Code of Ukraine and the case law showed the following problems:\u0000\u0000The structure of a judgement of conviction delivered by a court based on an agreement differs from the judgement, upheld in court proceedings. Lack of a motivating part with the justification of the proven guilty of the person is a peculiarity of the judgment of conviction based on agreement.\u0000Committing repetition of offences by a person effects on the imposition of a sentence, which will always be more severe under the rules of his/her appointment. As the transaction-based proceedings are designed to save procedural time, the accused consents to the said order, and hopes for a reduction in punishment. At the same time, such expectations cannot be realized, since the current legislation does not provide for improvement of the situation of the guilty person.\u0000Delivering a judgement based on an agreement, the court shall pay attention to its content, including the punishment, agreed by the parties. According to the law, the final punishment of perpetrators under Articles 70-71 of this Code will be determined by the court, so the defendant cannot predict a sanction because it is determined by the court, neither nor an agreement.\u0000The reaching and conclusion of an agreement by a person in criminal proceedings may contravene the provisions of Article 62 of the Constitution of Ukraine and violate the procedural rights of the accused person.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"2012 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123826378","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":"Conspiracy as a system of measures to ensure the secret of the criminal procedural and investigative activities of the operational law enforcement units","authors":"M. Hribov, O. Sukhachov","doi":"10.17721/2413-5372.2019.4/33-44","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/33-44","url":null,"abstract":"It is stated that the legal regulation of the matters of conspiracy of activity of operative\u0000subdivisions is incomplete, unsystematic. At the legislative level, it is represented by several norms,\u0000which not only do not settle the basics for solving these issues, but also are damaging, limiting the\u0000possibility of realizing the powerful potential of operational units in the fight against crime. The developers by-laws normative and legal acts, relying on a subjective understanding of the meaning of conspiracy, are trying to tailor the untoward innovation of the legislator to practice. As a consequence, the\u0000bylaws of the legal acts are filled with unclear, contradictory norms to ensure conspiracy, adherence\u0000to its rules and responsibility for their violation. At the same time, such rules are not formulated in any\u0000departmental instructions, and the existing methodological recommendations, mostly, outdated, do\u0000not have scientific justification and affect only certain aspects of conspiracy. The lack of proper legal\u0000regulation and methodological support for conspiracy issues causes problems of its organization. All\u0000this leads to gross errors in the work, and, consequently, to the lack of results of long operational developments, the failure of specific SES and NRD, significant undue costs of human labor and material\u0000resources, and most importantly – to the injury and death Operative workers, secret employees, and\u0000in some cases their relatives and ordinary citizens. It is not the main reason for such a situation – absence of theoretical foundations of convolutation of the operational units of Ukrainian law enforcement\u0000agencies. The purpose of the study is to formulate the theoretical foundations of a conspiration of\u0000operational subdivisions and to offer proposals for their practical realization in the form of proposals\u0000for changes and additions to the legislative and by-laws normative and legal Acts. The article defines\u0000the notion and revealed of the content of conspiracy activities of the operational subdivisions with the\u0000introduction of proposals on rationing of the relevant provisions. The conceptual principles of the legal\u0000regulation of conspiracy activities of the operational subdivisions are suggested. The ways to improve\u0000the legal regulation of information security on activities of operational subdivisions are developed. Revealed the content and formulated the notion of legend, masking and operational cover in the activities\u0000of operational subdivisions, the means of improving their legal regulation are offered. The concept and\u0000revealed content of the organization of conspiration of operational subdivisions activity is formulated.\u0000The assessment of legal regulation is carried out and ways to solve practical problems in the organization of conspiration functioning of the unpublicized forces of operational subdivisions are performed.","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121143708","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":"Defender's participation during apprehension on suspicion of committing an official crime","authors":"O. Kutcher","doi":"10.17721/2413-5372.2019.3/206-214","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.3/206-214","url":null,"abstract":"Apprehension of a person on suspicion of committing of an official crime contains a potential threat to the law enforcement bodies of the requirements of Criminal procedural code of Ukraine in order to achieve short-term media effect in the demonstration of \"effective struggle\" with white-collar Crime. However, there are no procedural errors under the active position of the protection party, as a rule, offset the evidence collected in violation of the current criminal procedure legislation, which results from the adoption by the courts of Ukraine of corrective proceedings.\u0000\u0000The purpose of the article is to study procedural issues arising in connection with law enforcement agencies to detain a person suspected of committing a crime.\u0000\u0000The defender's participation in the stage of detention is important, because at this stage, a person who is potentially is suspected in the committing of official crime is especially in need of skilled legal assistance. Often, after the actual detention, questioning persons, recognitions, and on the petition of detained investigators are misled by explaining that the legal aid to the defender is granted from the moment of announcement of the detention protocol.\u0000\u0000In the context of applicable provisions of art. 208 the Criminal procedural code of Ukraine confirmed the correctness of the opinion on the wrongness of some detentores committed during the last time. In particular, there are numerous cases of detention of heads of central executive authorities (during the session of the Cabinet of Ministers of Ukraine), the deputies (during the session of the Verkhovna Rada of Ukraine or immediately after) for crimes committed by the weeks, Months, years ago.\u0000\u0000In practice, the defender does not provide access to a person who was delayed to the \"crime scene\" or \"under the hot\" and delivered to the pre-trial investigation agency, which needed immediate legal aid. The solution to this problem is seen in the rapid actions of the defender to provide the widest possible public publicity of the mentioned illegal actions of the pre-trial investigation agency.\u0000\u0000Legislative regulation requires the definition of the meaning of \"an authorized service person\", which has the right to conduct detention without the ruling of an investigative judge or if any. It is argued that such a category of persons should include employees of the national police, security authorities, bodies controlling adherence to tax legislation, detectives unit, internal control unit National Anti-Corruption Bureau of Ukraine, bodies of state Bureau of Investigation, bodies of State Border guard Service of Ukraine etc.\u0000\u0000 An important aspect of providing legal assistance to a person arrested on suspicion of committing an official crime is the need to find out all the information about the person with the security and the circumstances of the detention: the actual time, place, or other persons who stayed with him or the grounds for detention and procedural rights have ","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122466616","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":"Execution of a special task to disclose the criminal activities of an organized group or criminal organization in the sphere of international student exchange programs","authors":"A. Cherniak","doi":"10.17721/2413-5372.2019.4/69-77","DOIUrl":"https://doi.org/10.17721/2413-5372.2019.4/69-77","url":null,"abstract":"One of the important factors in the development of our state is a student exchange with other countries. This type of international cooperation not only contributes to the establishment of a positive image of Ukraine and the strengthening of business and friendly relations with other states, but also produces a significant positive impact on the development of domestic education and science, enriches the state budget for foreign exchange earnings from abroad. But along with the positive results of international student exchange programs, there are negative ones.\u0000\u0000The situation in the sphere of international student exchange programs is characterized by criminalization, the rapid spread and active transformation of various schemes of criminal activity, which, among other things, poses a threat to the national security of Ukraine.\u0000\u0000During the detection and pre-trial investigation of these crimes, a number of problems arise. A significant part of them is related to the use of the institute of covert investigative (search) actions and the corresponding operational and investigative measures. One of these actions is the performance of a special task to disclose the criminal activity of an organized group or criminal organization, provided for by Art. 272 of the Criminal Procedure Code of Ukraine. In the practical implementation of the provisions of this article to detect and investigate crimes in the sphere of international student exchange program, a number of legal and organizational issues arise that require a scientific solution.\u0000\u0000The purpose of this article is to identify the issues of using the execution of a special task to disclose the criminal activities of an organized group or a criminal organization in uncovering a pre-trial investigation of crimes in the sphere of international student exchange, and suggest their solutions.\u0000\u0000This study found that ensuring the effectiveness of the execution of a special task to disclose the criminal activities of an organized group or a criminal organization in the fight against crimes in the sphere of international student exchange program needs to improve the legislative and subordinate normative and legal regulation of this operational and investigative activities and the corresponding covert investigative (search) actions.\u0000\u0000The organization of the execution of a special task within the framework of counteracting crimes in the sphere of international student exchange program shall: on the one hand, be based on the provisions adopted in theory and practice of operational investigative activity, and on the other, take into account the specifics of organized criminal activity in this sphere.\u0000\u0000It is necessary to take into account the specific type of criminal formation, among which we distinguish the following: a) transnational criminal groups; b) transnational criminal groups that specialize in trafficking Ukrainian citizens to other countries; c) transnational criminal groups that specialize in the illega","PeriodicalId":399656,"journal":{"name":"Herald of criminal justice","volume":"195 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134321752","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}