Scientific Herald of Sivershchyna. Series: Law最新文献

{"title":"WAYS TO IMPROVE THE PREVENTION OF ILLEGAL HANDLING OF WEAPONS, AMMUNITION OR EXPLOSIVES","authors":"О. Tkachenko, О.М. Kosov, V. L. Vihovskyi","doi":"10.32755/sjlaw.2023.01.112","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.112","url":null,"abstract":"The article analyzes the current state of illegal handling of weapons, ammunition or explosives in Ukraine and ways to solve this issue. Not one country, being in active wars, conflicts or skirmishes cannot boast of a high level of social, economic and moral condition of the population. With the onset of the local armed conflict in eastern Ukraine, namely in Donetsk and Luhansk regions, increased, social tensions the psychological state of the population deteriorated, and the number of crimes, including the use of weapons, ammunition and explosives. The problem of the spread of crime with the use of weapons, ammunition or explosives requires state regulation and the search for effective ways to solve it. The presence of a scattered legal framework in the form of a large number of instructions, departmental orders and directives leads to contradictions The article presents the expediency of adopting a single legal act on the civil circulation of weapons. This proposal will make it possible to gather in one document the issues of subject composition, permitting nature, procedural system and the order of use of weapons. Ukraine is a state governed by the rule of law, and all relations must be regulated by law, including intercourses related to weapons. The main sources of illicit supply of arms and ammunition in Ukraine remain the resale of internal supplies and a cross-border trade. All things considered, it is proposed to carry out a number of preventive measures in the law enforcement system. Due to the high latency nature of weapons theft, there is an emphasis on cooperation between the police and the military prosecutor’s office and sufficient attention to places where weapons can be stored, as well as to control and close the black ways of hittings weapons from the war zone. The conclusions emphasize the implementation of the proposed effective ways to combat the illicit handling of weapons, ammunition or explosives. Key words: prevention, firearms, ammunition, explosives, armed conflict, civilian circulation.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129809302","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":"SCIENTIFIC VIEWS OF M. P. CHUBYNSKYI (1871-1943) ON THE GUIDELINES OF THE SCIENCE OF CRIMINAL LAW AND THE MOTIVE OF A CRIMINAL OFFENSE","authors":"M. Puzyrevskyi","doi":"10.32755/sjlaw.2023.01.087","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.087","url":null,"abstract":"The scientific views of M. P. Chubynskyi regarding criminal law science and the motive of criminal offense were studied. It was determined that the research conducted by the scientist on the science of criminal law, the motives of criminal offenses and their significance for criminal law and criminal legislation definitely laid a solid foundation for conducting further scientific research on the given issue, brought the scientist to the advanced level of criminal law science, and the reasoned instructions given by him and proposals contributed to the future enrichment of the theory of criminal and legal science, ensured the improvement of domestic and foreign criminal legislation. It was found out that the study of the history of domestic criminal law science, in particular, the views of its best representatives, which M. P. Chubynskyi definitely was, served as a basis for improving legal thinking, criminal law and criminal legislation, and the practice of its application in future. The author’s position is given regarding the definition of the science of criminal law as a branch of legal science, a complex structured system of teachings, ideas, concepts, views and theories about the problematic issues of the development of the conceptual apparatus of criminal law, the law on criminal responsibility, its main criminal law institutions, categories and norms, criminal law policy of the state, criminal law aspects of crime prevention, practice of law enforcement of criminal legislation of Ukraine and prospects for its development in future, genesis of national domestic and foreign criminal law and legislation. In addition, the author’s position was given regarding the definition of the motive of a criminal offense as an internal volitional urge by the subject of a criminal offense to commit a criminally illegal act or omission provided for by the law on criminal liability. Key words: scientific views, M. P. Chubynskyi, criminal law, science of criminal law, criminal offense, motive of criminal offense.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131380286","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":"CERTAIN ISSUES OF THE CLASSIFICATION OF CONVICTS SENTENCED TO IMPRISONMENT FOR A SERTAIN TERM","authors":"I. Bodnar, M. Snitko","doi":"10.32755/sjlaw.2023.01.007","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.007","url":null,"abstract":"Classification of convicts as one of the main elements affecting the application of the main means of convicts’ correction and resocialization is considered in the article. Criminal’s identity, their personality, social and psychological structure are examined in the article. The criteria of penitentiary influence that ensure the solution of the goals and tasks of the Criminal and Executive System, are also given. The authors note that the classification of convicts can be defined as based on the law, the requirements of Psychology and Pedagogics, as well as the practice of dividing persons deprived of liberty according to a court verdict into more or less homogeneous groups based on the level of social and moral neglect of their personality, as well as the level of social danger and motives of the crime committed by them for the purpose of their separate detention both in various penal institutions and within them in separate local and structural precincts. Special objectives of the classification of persons sentenced to imprisonment for a certain period of time are given, such as: preventing possible negative influence of different groups of convicts on each other, as well as preventing negative influence of convicts with a clearly expressed criminal antisocial position on other convicts; reducing the influence of the criminal subculture on convict’s personality; ensuring safe conditions of stay in penal institutions; construction of a rational, modern system of penal institutions; organization of convicts’ protection and supervision taking into account the requirements of the theory of physical and dynamic security; etc. The authors considered the European Prison Rules that specify the requirements for the separate detention of different categories of convicts, taking into account their safety and protection, as well as the corresponding regime. Key words: convict, legal status, punishment, classifications, penal institution, criminal offense, correction and resocialization.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127138233","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 INFLUENCE OF THE GOOD GOVERNANCE PRINCIPLES ON THE REDUCTION OF CORRUPTION FACTORS IN THE ACTIVITIES OF PUBLIC ADMINISTRATION BODIES","authors":"V. V. Kovalenko","doi":"10.32755/sjlaw.2023.01.042","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.042","url":null,"abstract":"The article, on the basis of the analysis of normative legal acts and scientific and legal literature, clarifies the role of the principles of good governance in reducing corruption-inducing factors in the activities of public administration bodies. The most common corruptionogenic factors, such as: discretion; legal uncertainty; conflict of interests; the possibility of receiving an offer, promise or receiving an improper benefit; use of legal constructions of an evaluative nature. The content of these corruption-inducing factors is considered in detail. A number of legal and normative acts were analyzed, including both draft and current acts regarding the presence of corruption-inducing factors in them. Some of them were considered, in particular, those where corruptionogenic factors were identified and the role of good governance principles for their reduction was determined. It was found that in some legal and normative acts, such principles of good governance as legal certainty, transparency, delegation, accountability, responsibility, justice, consensus orientation are leveled or violated. In order to properly comply with the specified principles of good governance, proposals were submitted to improve the provisions of a number of regulatory acts. It is argued and emphasized that in order to simplify the identification of corruption-inducing factors in the activities of public administration bodies, it is necessary to enshrine the most frequently encountered corruption-inducing factors in the anti-corruption law of Ukraine. The comprehensive observance of all principles of good governance in the practical activities of public administration bodies will contribute to the reduction of corruption-inducing factors in particular and the prevention of corruption in general. Key words: corruption-inducing factors, principles of good governance, regulatory act, public administration.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121059248","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":"PIMPING OR THE INVOLVEMENT OF A PERSON IN PROSTITUTION: THE ISSUE OF THE SCOPE OF THE CRIMINAL OFFENSE","authors":"O. Zvenyhorodskyi","doi":"10.32755/sjlaw.2023.01.134","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.134","url":null,"abstract":"On the basis of normative and doctrinal provisions, the issue of determining the object of the criminal offense composition provided for in Art. 303 of the Criminal Code of Ukraine “Pimping or involving a person in prostitution”, which should include social relations defined by constitutional provisions and legal norms regarding the realization of human rights and freedoms in the sphere of morality, as well as a complex of moral and social values, that represent a generalized content basic ethical concepts and principles. Key words: social morality, moral and social values, pimping, prostitution, legislation, criminal offense, object of criminal offense.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122826774","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 CONCEPT OF “DUTY TO PROTECT”: INTERNATIONAL LEGAL ANALYSIS AND PROBLEMS OF IMPLEMENTATION","authors":"M. Rebkalo, V. Oliinyk","doi":"10.32755/sjlaw.2023.01.125","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.125","url":null,"abstract":"The article provides an international and legal description of the concept “Duty to protect”. The problems of implementing this concept are analyzed. It is noted that the latter problems arose due to the presence of conflicts between the content of the concept and some principles of international law, namely: inviolability of state sovereignty, non-use of force or threat of force, prohibition of interference in the internal affairs of other states. Key words: “Duty to protect”, principles of international law, state sovereignty, non-interference in internal affairs, non-use of force and threat of force, collective measures, military force.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126650689","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 ANALYSIS OF ANTI-CORRUPTION MECHANISMS IN UKRAINE AND EUROPEAN COUNTRIES","authors":"О. Didenko","doi":"10.32755/sjlaw.2023.01.033","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.033","url":null,"abstract":"This article is devoted to the study of the experience of other countries of the world, in particular European countries, in anti-corruption methods and the possibility of their application in Ukraine. The concept of corruption is international, there is not a single country that does not face this phenomenon and does not try to counteract it. The article provides a comparative analysis of anti-corruption activities in countries such as Poland, Germany, Great Britain, the Netherlands, and Ukraine. It is found that the positive experience of European countries in the activity against corruption is a confirmation that when solving the relevant problem, it is necessary to use a comprehensive approach and a principled administrative and legal position. It is established that European countries have developed and adopted special anti-corruption laws, as well as created certain effective organizations, some of which work not only at the local government level, but at the international level. In Ukraine, as well as in other countries, special laws have been created that are aimed at anti-corruption. It is stated that European countries have developed and approved special laws aiming at anti-corruption activity, as well as created particularly effective organizations which work not only at the local level, but also at the international one. The country is actively creating an anti-corruption strategy to prevent corruption activity. It is analyzed that Ukraine needs to speed up the process of euro integration which will help to come closer to entering the international anti-corruption bodies. International anti-corruption experience will allow Ukraine to achieve transparency in corruption and pave the way to its decrease. It is emphasized that hard work on preventive measures against corruption is effective in European countries that is extremely necessary for implementation in Ukraine to prevent corrupt offenses. Fruitful work on anti-corruption measures will lead to a decrease in corrupt practices in any field. Key words: corruption, anti-corruption activity, strategy, Ukraine, European countries, international experience.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130479792","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":"LEGAL AND PSYCHOLOGICAL-PEDAGOGICAL COMPONENTS OF THE SAFE ACTIVITIES OF THE PERSONNEL OF PENAL BODIES AND INSTITUTIONS","authors":"O.V. Pomohaibo","doi":"10.32755/sjlaw.2023.01.072","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.072","url":null,"abstract":"The scientific article highlights the legal and psychological-pedagogical components of the safe activity of the personnel of penal bodies and institutions. The main features of the legal regulation of the safe activity of the personnel of penal bodies and institutions have been studied. The author revealed the concept of “protection” and its meaning within the framework of the activities of the employees of penal bodies and institutions. The importance of psychological support and maintenance of emotional stability of employees of penal bodies and institutions in view of their interaction with a certain category of persons is highlighted. Within the framework of the scientific article, the pedagogical element of safe activity is also highlighted. It indicates the need to improve the pedagogical skill of the personnel of penal bodies and institutions. The safe activity of the personnel of penal bodies and institutions is a priority direction of their work, therefore, within the framework of theoretical studies, the coverage of certain elements of safe activity has gained wide popularity. Despite paying sufficient attention to law-making activity regarding streamlining the activities of penal bodies and institutions, there are still problematic issues that need to be resolved by defining priority strategic directions and improving the current legislation. The personnel of penal bodies and institutions interact with a certain category of persons in the framework of their activities, therefore it is important to provide effective psychological support and develop the necessary pedagogical skills. At the moment, it is necessary to state that in terms of organization, penal bodies and institutions have reached a certain level of legal and psychological-pedagogical provision of safe activities of their personnel. At the same time, the issue of improving these components and turning to new methods and international standards in the field of execution of punishments remains relevant. Key words: penal bodies and institutions, personnel of penal bodies and institutions, legal component of safe activity, psychological-pedagogical component of safe activity.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117055035","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":"СERTAIN ASPECTS OF IMPROVING THE LEGAL REGULATION OF CYNOLOGY SUPPORT OF THE STATE CRIMINAL AND EXECUTIVE SERVICE OF UKRAINE","authors":"О. Vynohrad, V.P. Matviichuk, P. Kovalska","doi":"10.32755/sjlaw.2023.01.020","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.020","url":null,"abstract":"The article reveals the results of the analysis of the regulatory framework on counteraction to illicit trafficking of narcotic drugs and psychotropic substances and proposes to amend the regulations on legislative regulation of the use of service dogs and, in particular, special dogs in the search of narcotic drugs and psychotropic substances in the State Criminal and Executive Service of Ukraine. In particular, according to the authors, the use of service dogs of the State Criminal and Executive Service of Ukraine should ensure the following tasks: strengthening the protection of the institutions of execution of punishments, detention centers of the SCES of Ukraine; search and detention of criminals who have fled from custody or in cargoes; overview of road, railway transport, objects of execution of punishments and detention centers of the SCES of Ukraine; review of persons and their personal belongings for the purpose of finding and detecting narcotic drugs, psychotropic substances, explosives, small arms and ammunition, etc. The peculiarities of completing cynology team with a special dog and specified requirements for a cynologist and a service dog. The algorithm of actions of the junior inspector-cynologist with a special dog in the case of its effective use is improved, namely the cynologist is obliged to: find out what item (object) the dog reacted to, by re-starting the dog for inspection; to report to the official; take measures to preserve the subject (object) to which the dog reacted and prevent the leakage of information; conduct an inspection of all objects (objects); draw up an act on the use of a special dog; wait for the arrival of the National Police Investigation Group and to carry out all measures to establish the fact of a possible finding of a substance similar in terms of a narcotic drug or psychotropic substance, to facilitate in the future work of the defined group. Key words: legal regulation, prevention, cynology support, training of special dogs, institutions of execution of punishments, convicted, narcotic substances.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134255065","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":"PECULARITIES OF THE LEGAL STRUCTURE OF THE ILLEGAL COMMERCIAL GOODS MOVEMENT ACROSS THE CUSTOMS BORDER ACCORDING TO THE LEGISLATION OF UKRAINE","authors":"Yurii I. Skliar","doi":"10.32755/sjlaw.2023.01.100","DOIUrl":"https://doi.org/10.32755/sjlaw.2023.01.100","url":null,"abstract":"The article is devoted to defining the peculiarities of the legal structure of the illegal commercial goods movement across the customs border according to the legislation of Ukraine. It was found that violation of customs rules is an administrative offense for which administrative liability is provided. Each of the violations of customs rules defined by the Customs Code of Ukraine is characterized by a special legal structure that includes an object, an objective side, a subject and a subjective side. It was determined that the object of illegal movement of commercial goods across the customs border needs to be specified. In addition to the general object of violation provided for in Article 482 of the Customs Code of Ukraine, which is the procedure established by law for the movement of goods across the customs border of Ukraine, specific, generic, main direct and additional objects are distinguished. It has been established that a feature of the legal composition of the illegal movement of commercial goods across the customs border of Ukraine is the presence of the object of violation, which is commercial goods. The subject can be a citizen who has reached the age of 16, as well as company officials. It was found that the objective side of the specified violation is characterized by its commission in the form of an active action, and the subjective side is characterized by the mandatory presence of guilt in the form of direct intent. It was concluded that the illegal movement of commercial goods across the customs border of Ukraine is distinguished among other violations of customs rules precisely by the peculiarities of the legal structure, the understanding and proof of which is the key to the correct qualification of the committed act. Key words: violation of customs rules, commercial goods, customs border, administrative responsibility.","PeriodicalId":412555,"journal":{"name":"Scientific Herald of Sivershchyna. Series: Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117332906","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}