Socìalʹno-pravovì studìï最新文献

{"title":"Strengthening criminal liability for committing property and some other offences under martial law in Ukraine","authors":"Anna Vynnyk, Iryna Hazdayka-Vasylyshyn","doi":"10.32518/sals2.2023.09","DOIUrl":"https://doi.org/10.32518/sals2.2023.09","url":null,"abstract":"The relevance of the chosen subject is dictated by the fact that countering criminal offences during the war is one of the most important problems that the legislator should respond to. Not only the level of the criminal situation in the state but also the effectiveness of the functioning of criminal law in general depends on how timely and correct decisions will be made in this area. The purpose of the study is to conduct a legal analysis of legislative initiatives to introduce new qualification circumstances, strengthen criminal liability by introducing new punishments and increasing the current sanctions for certain criminal offences. For this purpose, formal-logical, dialectical, logical-semantic, hermeneutical, comparative-legal, and other methods of scientific knowledge were used in the study. The study clarifies that legislative changes to strengthen responsibility for committing property and some other criminal offences under martial law are insufficiently justified and may lead to an excessive expansion of the current Criminal Code of Ukraine, a violation of its consistency. It is noted that this approach raises a number of doubts and requires the search for other, more effective ways of legal regulation. The expediency of applying a comprehensive approach in the formulation of criminal law norms, which provides for considering the tools of both the Special and General parts of the Criminal Code of Ukraine, is justified. The applied aspect of this scientific analysis is determined by the dynamics of lawmaking in this area and provides justification for the need to introduce appropriate legislative changes, and outlines the prospects for their application in practice. The practical importance of the study lies in the fact that strengthening criminal liability for certain criminal offences during martial law is a subject that goes far beyond purely theoretical importance.","PeriodicalId":496480,"journal":{"name":"Socìalʹno-pravovì studìï","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135602355","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":"Methodological foundations of information security research","authors":"Serhii Yesimov, Vitalina Borovikova","doi":"10.32518/sals1.2023.49","DOIUrl":"https://doi.org/10.32518/sals1.2023.49","url":null,"abstract":"The lack of an established approach to methodological research in information security determines the further development of scientific knowledge and changes in paradigms and becomes especially relevant considering the aggression of the Russian Federation and the need to strengthen the information security of Ukraine. The purpose of this study was to identify the principles of information security research methodology. To fulfil this purpose, general philosophical methods of investigating legal phenomena were applied, namely the analysis of corresponding legislation and theoretical solutions. This paper, considering the latest theory of state and law and information law of Ukraine, considering the current legislation and regulatory requirements of the European Union, outlined abstract and logical aspects of the methodological foundations of information security research in the context of digital transformation and Russian information expansion. It was noted that addressing the topic of interdisciplinary research is closely related to a fundamentally new historical situation, which reveals the construction of information relations of a new type between social groups, covering philosophy, political science, sociology, economics, and law. This study considered the activity-based, system-structural, system-functional, informational, integration, predictive, methodological, and paradigmatic scientific approaches to the study of legal phenomena. It was indicated that information security is of particular importance for the design of innovative social systems in the context of digital transformation, which requires further scientific research on the methodology of scientific intelligence in information security. The study was aimed at improving the research methods of information security and protection of individuals, society, and the state from destructive informational influence covered by the object of information security.","PeriodicalId":496480,"journal":{"name":"Socìalʹno-pravovì studìï","volume":"269 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135827605","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":"Examination of evidence at the initiative of the court of appeal in criminal proceedings","authors":"Oleksandr Drozdov, Iryna Basysta","doi":"10.32518/sals1.2023.25","DOIUrl":"https://doi.org/10.32518/sals1.2023.25","url":null,"abstract":"Today, the combined chamber of the Criminal Court of Cassation as part of the Supreme Court is trying to solve the problem of the appellate court’s initiative in the examination of evidence, since the approaches of individual court chambers, namely the First and Third ones, differ. The purpose of this study was to identify those cases when the appellate authority is entitled to investigate the evidence proactively, without encroaching on the components of the principle prescribed in Article 22 of the Criminal Procedural Code of Ukraine. The formal-logical method helped generalize that the content and form of such a review must comply with the principles of criminal proceedings, including equality before the law and the court, as well as competition between the parties (it has been proven that their absence may indicate a violation of both constitutional and convention rights), freedom in presenting their evidence to the court and in proving their persuasiveness before the court. The results of the deductive method helped formulate the following theses: the legislator, understanding the equality of procedural rights not as their uniformity, normalizes it in the Criminal Procedural Code as equality in terms of the possibilities of exercising the granted rights; the legislator also determines such equality of rights from the functions that a certain participant in criminal proceedings is endowed with. The combination of prosecution, defence, and justice in one guise contradicts the adversarial nature of the judicial procedure. The study revealed that the passivity of the parties forces the court to choose its activity within the limits of the function of justice defined for it, and its initiative is aimed at examining the evidence to make a legal, well-founded, and fair decision. It is proved that these features of judicial proceedings are a priori inherent in the appeal review, along with its inherent features, including the determination of the amount of evidence to be examined, as well as compliance with the limits of judicial review, which are normalized by Article 404 of the Criminal Procedural Code of Ukraine. It was found that the initiative of the court of appeal to examine evidence and their further investigation in this court is permissible in situations where such evidence became known after the adoption of the appealed court decision. Compliance with this rule will protect the court from possible violations of the requirements of Article 22 of the Criminal Procedural Code of Ukraine, and scientific developments in this area are designed, among other things, to pave the way for the unity of judicial practice through doctrinal recommendations.","PeriodicalId":496480,"journal":{"name":"Socìalʹno-pravovì studìï","volume":"34 50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134903473","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":"Restriction of the right to information in the interests of national security: The problem of justification","authors":"Tetiana Shynkar","doi":"10.32518/sals1.2023.56","DOIUrl":"https://doi.org/10.32518/sals1.2023.56","url":null,"abstract":"The relevance of this study is conditioned upon the lack of a single theoretical justification for limiting the right to information, even though Ukrainian legislation allows such limitations in the Constitution. The purpose of this study was to analyse certain cases of restrictions on the right to information in the interests of national security and determine ways to justify such restrictions. The methodological framework of this study included the analysis of law enforcement practices concerning the restriction of the right to information. The study established that, despite a considerable theoretical basis in protection of human and civil rights and freedoms, the modern practice of administrative courts is based only on providing a legal assessment of the actions of the Security Service of Ukraine regarding the recognition of information and other activities of the subject of information relations as illegal in the light of the powers and advantages granted to the Service pursuant to Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The absence of a single mechanism for restricting the right to information in the interests of national security was proved. The paper substantiated that the courts and state bodies of Ukraine, which are responsible for regulating information activities, have not yet developed their own ways and mechanisms for restricting the right to information, which would factor in their practice of providing a legal assessment of each of these cases. It was noted that the basic means of justifying the restriction of the right to information in the interests of national security, as well as any restriction of the right to information, is the use of a “three-part test”. The outlined grounds for localizing the right to information will be useful for scientists, law enforcement officers, and information security specialists for their legitimate application.","PeriodicalId":496480,"journal":{"name":"Socìalʹno-pravovì studìï","volume":"516 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135285561","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":"Psychological profile and prerequisites for the formation of the killer’s personality","authors":"Liana Spytska","doi":"10.32518/sals1.2023.41","DOIUrl":"https://doi.org/10.32518/sals1.2023.41","url":null,"abstract":"The relevance of the study is conditioned upon the elevated level of crime and scientific interest in determining the prerequisites for murders that are individual in nature, develop into a series of hidden intentions and have complex consequences for the life of society. Clarifying the psychological causes of serious crimes is important for preventive work in the defined area. The purpose of this study was to determine the personality traits of murderers, to identify the prerequisites for the formation of criminal behaviour, to investigate the classification and rating of serial crimes by cruelty and methods, to analyse statistical data on the commission of murders. In the study of the nature of serial murders, the following methods were used: the method of analysis and synthesis, the biographical method, the statistical method, and the generalization method. Using theoretical analysis, the psychological root causes of homicide drives, their main features and methods of implementation, and gender characteristics regarding the strength of committing a crime were identified; the data obtained were confirmed by real statistical indicators. The study highlighted the problem of increasing criminal cases caused by the mental state of the individual. The features of the psychology of the killer were covered, and the influence of childhood and life circumstances on the formation of the internal urge to commit murder was substantiated. The factors that encourage violence were identified. The types of serial killers were identified, and the “handwriting” of crime execution was analysed. The essence of impulsive and serial murder was delineated, and the concept of moral statistics as a provocative factor in committing a crime was covered. A psychological portrait of a serial killer was formed. Features of early research at the level of physiology and genetics were established. The presented theoretical material not only serves as an informational resource but can also be used in carrying out preventive measures related to early education, the methods of which have a preventive and correctional impact.","PeriodicalId":496480,"journal":{"name":"Socìalʹno-pravovì studìï","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135339587","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 liability for illegal possession of cryptocurrency in Ukraine","authors":"Vasyl Kozii","doi":"10.32518/sals1.2023.33","DOIUrl":"https://doi.org/10.32518/sals1.2023.33","url":null,"abstract":"This study investigated the criminal liability for illegal acquisition of cryptocurrency in Ukraine, which is relevant in connection with the considerable spread of cryptocurrencies and cases of their illegal acquisition, as a result of which significant material damage is caused to the victims. Specifically, this is explained by the collapse of cryptocurrency exchanges and hacker attacks on cryptocurrency wallets. The purpose of this study was to investigate what criminal liability is prescribed for illegal possession of cryptocurrency in Ukraine. The study employed a dialectical approach and methods of system and technical and legal analysis, as well as a formal and logical method. Approaches to understanding the term “cryptocurrency” were defined, and its types were specified. The features of the functioning of blockchain technology were covered. This paper analysed the legal regulation of virtual assets in Ukraine, their relationship with cryptocurrency. It is noted that at its core, cryptocurrency is not a virtual asset and that it is advisable to consider it an electronic asset based on the blockchain – a decentralized public register of all cryptocurrency transactions conducted on the network. Shortcomings in the legal regulation of cryptocurrencies in Ukraine were highlighted, specifically, it was noted that the signs of virtual assets do not fully coincide with the signs of cryptocurrencies. The most common ways of illegal possession of cryptocurrency were specified, and problematic issues of bringing individuals who have come into illegal possession of cryptocurrency to criminal responsibility were outlined. This paper substantiated the impossibility of bringing individuals who have come into illegal possession of cryptocurrency to criminal responsibility in Ukraine, considering the principle of legal certainty and avoiding analogy in criminal law. The necessity of criminalizing illegal possession of cryptocurrency was proved. Practical recommendations on making appropriate amendments to the Criminal Code of Ukraine were formulated. The theoretical value of this study lies in the formation of an approach to the need to criminalize the illegal possession of cryptocurrencies, and its results can be used in law-making activities.","PeriodicalId":496480,"journal":{"name":"Socìalʹno-pravovì studìï","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135952216","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":"Conflict of Ukrainian Generations X and Y: Ways to overcome it in the context of the war in Ukraine","authors":"Tetyana Blyznyuk, Olga Maistrenko","doi":"10.32518/sals1.2023.09","DOIUrl":"https://doi.org/10.32518/sals1.2023.09","url":null,"abstract":"In the conditions of war, the problem of maintaining a comfortable psychological climate in professional teams and society in general is acutely felt because Ukrainians are in a depressed psychological state. Conflicts among people of different ages are also escalating, as representatives of the baby boomer generation are gradually being replaced by Generation Y, and therefore most Ukrainian companies are teams of representatives of Generations X and Y. The purpose of this study is to find ways to overcome the problem of conflict between different generations. Among the key scientific methods of this study is M. Rokeach’s model, which was used to rank the terminal and instrumental values of representatives of Ukrainian generations X and Y, and the method of canonical correlations, used for comparative analysis of the value structure of the analysed generations. The main results of the study indicate that the aggravation of relations and the emergence of misunderstandings among Ukrainians is a consequence not only of the influence of war, but also of the conflict of the most economically active generations – X and Y. This conflict is caused by differences in the perception of life (i.e., in values), a large difference in the socio-political conditions of formation and belonging to different archetypes of generations according to the Strauss–Howe generational theory. Ukrainian generation X is a recessive generation of “nomads”, while generation Y is a dominant generation of “heroes”. The results of a comparative analysis of the dominant terminal and instrumental values of these generations indicated that 50% of the dominant values are common terminal and only 33% are common instrumental. It was found that the Ukrainian Generation X has more post-materialistic values, while Generation Y prefers materialistic values, which was a consequence of socio-political events in Ukraine, under which these generations were formed. The practical significance of the results obtained lies in the fact that the proposed recommendations for overcoming the conflict of Ukrainian Generations X and Y by factoring in the most important values for each of these generations will help not only to overcome the conflict of generations, but also to increase the effectiveness of their interaction.","PeriodicalId":496480,"journal":{"name":"Socìalʹno-pravovì studìï","volume":"138 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134977417","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}