Journal articles on the topic 'Criminal procedure – European Union countries'
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1
Kupryashina, Elena A., Snezhana S. Khalimonenko, Aleksander A. Nasonov, Ekaterina A. Novikova, and Sergey F. Shumilin. "Extradition under the Legislation of the Russian Federation and Member States of the European Union." Cuestiones Políticas 37, no. 65 (August 2020): 93–102. http://dx.doi.org/10.46398/cuestpol.3865.07.
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The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.
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Kyrychenko, Oleh, Vadym Nehodchenko, Vadym Davydiuk, Viacheslav Kuzyk, and Oleksandr Mishchanynets. "Ways of reforming the criminal and criminal procedural legislation of Ukraine in the context of European integration." Cuestiones Políticas 40, no. 75 (December 29, 2022): 114–23. http://dx.doi.org/10.46398/cuestpol.4075.07.
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The purpose of the research is to highlight problematic issues and ways of reforming the criminal procedural legislation of Ukraine in the context of European integration. Main content. The article analyzes the current criminal procedural legislation of Ukraine and that of European Union countries. Methodology: The methodological basis of the research is the dialectical method of scientific knowledge, through the application of this method considered were legal, functional, organizational and procedural aspects of methodological approaches to understanding of problematic issues and ways of reforming criminal procedural legislation of Ukraine in the context of European integration were considered. Conclusions. Shortcomings of the Criminal Procedure Code of Ukraine have been highlighted. Prospects of their reforming were outlined and changes to the current legislation in the context of European integration were proposed.
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Horoshko, Valentyna, Yehor Nazymko, and Yurii Pavliutin. "CRIMINAL PROCEDURE LAW OF UKRAINE IN THE CONTEXT OF EUROPEAN INTEGRATION: PROBLEMATIC ECONOMIC AND LEGAL ISSUES, WAYS OF REFORMING." Baltic Journal of Economic Studies 8, no. 3 (September 30, 2022): 48–52. http://dx.doi.org/10.30525/2256-0742/2022-8-3-48-52.
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The subject of the study is the coverage of problematic issues and ways of reforming the criminal procedure legislation of Ukraine in the context of European integration. Methodology. The methodological basis of the study is a dialectical method of scientific knowledge, through the application of this method the legal, functional, organizational and procedural aspects of methodological approaches to the understanding of problematic issues are considered and the ways of reforming the criminal procedure legislation of Ukraine in the context of European integration are considered. The results of the article analyze the current criminal procedure legislation of Ukraine and the legislation of the countries of the European Union. When analyzing the French criminal procedure, two main features can be identified, which distinguish it from the Anglo-Saxon legal system and are criticized by experts from Great Britain and the United States. In France judges are vested with considerable powers. The first feature of French criminal procedure is the institution of preliminary interrogation of the accused by the presiding judge. The judge verifies the sufficiency of the evidence for a conviction. Conclusion. So, based on the above, it is possible to conclude that the Criminal Procedure Code of Ukraine was created in the spirit of democratic values, but some of its norms need to be reformed in order to improve the mechanism of protection of the rights, freedoms and legitimate interests of an individual. The practical experience of France, the Federal Republic of Germany and Great Britain is relevant. The shortcomings of the Criminal Procedure Code of Ukraine are highlighted. The prospects for their reform are outlined and amendments to the current legislation in the context of European integration are proposed. Prospects for further research: a) the study of the experience of individual foreign countries in the context of the improvement of criminal procedural norms; b) analysis of the possibility of harmonization of criminal procedural legislation of Ukraine with the norms of the European Union; c) development of an effective mechanism of relations between the subjects of criminal proceedings. The issue of the relevance and admissibility of evidence is also important. Articles 87-89 of the CPC of Ukraine establish the grounds and procedure for declaring evidence inadmissible. However, judicial practice shows a large number of criminal proceedings against public persons, which the court had to terminate due to the lack of evidence, due to the inadmissibility or improper nature of the evidence. The authors believe that the legislative regulation of the process of collecting evidence in the UK is a positive experience for Ukraine.
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Dremliuga, Roman, and Alexander Korobeev. "A Fight Against the Dissemination of Deepfakes in Other Countries: Criminal and Criminological Aspects." Russian Journal of Criminology 15, no. 3 (July 2, 2021): 372–79. http://dx.doi.org/10.17150/2500-4255.2021.15(3).372-379.
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The authors analyze a relatively new phenomenon of spreading realistic audiovisual fake materials (deepfakes). This socially dangerous phenomenon is not reflected in the Russian criminal legislation as a separate offence. At the same time, some countries have started developing a criminal policy in this sphere. The methodology of the study presupposes a comparative law analysis of current legislations of the USA, China and the European union regarding the liability for the dissemination of realistic audiovisual fakes. The analysis of criminal legislation is aimed at the identification and systematization of key approaches to criminalizing the dissemination of realistic audiovisual fakes in the countries that are the leaders in digitizing their social and economic life. It showed that there are radically different approaches to regulating criminal liability for the actions under consideration. The authors analyzed criminal policy of the United States at the federal and state levels on the criminal law protection against infringements through deepfakes. They found that the first action to be recognized as criminal is the use of realistic audiovisual fakes for electoral intervention. The legislations of some states strictly regulate the procedure of posting such content before elections, the most serious violations leading to criminal liability. Besides, the United States recognizes as criminally punishable the use of deepfakes for creating materials of intimate nature and for identity theft. The People’s Republic of China establishes liability, including criminal liability, for posting any fake realistic-looking audiovisual materials without mentioning that they are fake. Currently there are no special criminal law norms regulating liability for the dissemination of deepfakes in the law of the European Union. This action should be viewed as infringement of the lawful use of personal data. The authors give their assessment of some criminological characteristics of the analyzed publicly dangerous phenomenon in Russia and in the world. In spite of the relative novelty of the deepfake technology, realistic fake videos are quite common. The society supports the necessity of criminalizing this publicly dangerous action.
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Movchan, Roman, Oleksandr Dudorov, Andrii Vozniuk, Vitalii Areshonkov, and Yuriy Lutsenko. "Combating commodity smuggling in Ukraine: in search of the optimal legislative model." Revista Amazonia Investiga 10, no. 47 (December 17, 2021): 142–51. http://dx.doi.org/10.34069/ai/2021.47.11.14.
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The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.
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Barbu, Denisa. "Remedy Action for Judicial Errors Committed in Criminal Proceedings in the Light of the Provisions of the European Convention of Human Rights and the Practice of the European Court of Human Rights." Logos Universality Mentality Education Novelty: Law 10, no. 2 (January 10, 2023): 01–12. http://dx.doi.org/10.18662/lumenlaw/10.2/72.
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In its desire to integrate into the European Union and to close chapter 24 of accession, entitled "Internal Affairs and Justice", Romania adopted a series of regulations in criminal matters aimed at ensuring the alignment of our legislation with that of the countries of the European Community. However, our country remained unable to openly recognize its gaps and mistakes in this field, as well as to take measures in the sense shown. Thus, the New Code of Criminal Procedure remained, further, very restrictive, not fully clarifying the hypothesis of persons sent to court in a state of freedom and who were unjustly convicted. This article deals with the issue of reparation for miscarriages of justice in criminal trials, as it has evolved in the light of the provisions of the European Convention on Human Rights and the practice of the European Court of Human Rights.
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Turanjanin, Veljko, and Dragana Čvorović. "Composition of the criminal courts." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 187–219. http://dx.doi.org/10.51204/anali_pfub_18208a.
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The composition of a criminal court stands as one of the most interesting issues in the comparative law. Different viewpoints when it comes to the need of including non-professional citizens in the contemporary criminal procedure have contributed to interesting approaches related to regulating this issue. First of all, there are original jury systems that are a feature related mainly to the Anglo-American legal systems, but whose ideas have found their place in the European legislature as well. Furthermore, there are countries where the trial body stands as a separate authority, which consists of professional judges and lay judges, whereas some of the countries have both professional judges and lay judges, the first being in charge of resolving legal issues, and the second ones being in charge of factual issues. There are many articles devoted to the jury systems in the world, but in a very small proportion of them we could find solutions from the mixed court of the Balkan countries. Mixed court is one of the features continental countries. The authors compare Balkan countries, where Slovenia and Croatia being the European Union Members, whereas the rest of them are in the process of accession. Thereby, some of the countries strive to get their courts become more professional by leaving out citizens non-professional from the composition of trial chamber, while some of them have kept them, whereby the scope of their jurisdiction varies from one country to another. Today, it is a great question whether a mixed court will survive legislative changes, due to the criticism of the jurists and non-jurists.
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Peruzzo, Katia. "European English and the translation of the Italian Code of Criminal Procedure." Between specialised texts and institutional contexts – competence and choice in legal translation 3, no. 1 (May 11, 2017): 5–19. http://dx.doi.org/10.1075/ttmc.3.1.02per.
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Abstract The English translation of the Italian Code of Criminal Procedure (Gialuz, Lupária, and Scarpa 2014) represents a step forward in fostering judicial and police cooperation in Europe. This is made possible by making the content of the Code accessible to a wide English-speaking audience. Given the informative purpose of the translation (Cao 2007), whose intended readers are mainly European citizens, the target language chosen by the translation team is European English, i.e. the English used in European Union texts, the international English used in Council of Europe texts, the English found in the translations of the Codes of Criminal Procedure of other European countries and the English used by law scholars (Scarpa, Peruzzo, and Pontrandolfo 2014). The European continent is a multidimensional and multilayered legal reality in which different languages co-exist and legal transplants and terminological transfers are commonplace. Based on such premises, however, the embeddedness of the Code of Criminal Procedure in the Italian legal system poses several translation difficulties, especially in the search for supranational/international English translation equivalents for terms that refer to nationally developed legal concepts. For these terms, established translation equivalents are not necessarily available. The aims of this paper are threefold: to describe the features of the interdisciplinary translation team consisting of ten members (linguists and lawyers), to lay out the peculiarities of the translation process in which professionals with a different background were involved, and to illustrate the methodology applied as regards terminological choices. To do so, a concrete example from the translated text will be provided to lay out the challenges faced and the solution adopted by the translation team.
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T. Dyussebayev, Talgat, Kuanysh T. Terlikbayev, Talgat T. Balashov, Marat I. Zhumagulov, and Alima O. Omirali. "Features for ensuring the rights and freedoms of the suspect (accused) in the CIS states according to the European standards." RIVISTA DI STUDI SULLA SOSTENIBILITA', no. 1 (August 2020): 247–65. http://dx.doi.org/10.3280/riss2020-001015.
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The purpose of the article is to ensure the rights and freedoms of the suspect in the field of modern transformations of the criminal procedure legislation. In this article, the authors attempted to analyze the problems arising in practice of ensuring the rights and freedoms of the suspect (accused) in the light of modern changes in the criminal procedural law in the CIS countries, comparing them with the changes that have taken place and are currently being improved in the legislation of the European Union. The methodological and empirical basis for writing this article was composed of the general scientific dialectic method of cognition and the pri-vate scientific methods, which include historical-legal, systemic-functional, formal-logical, comparative-legal, etc. The authors studied only the latest and most relevant standards that meet the latest trends in criminal procedure legislation in the field of granting and protecting the rights and freedoms of a suspect (accused).
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Mykytyn, Yu I. "Defining Approaches To The Classification Of Criminal Procedure Policies Of EU Member States." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 166–77. http://dx.doi.org/10.15330/apiclu.51.166-177.
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This article analyzes the approaches to the classification of criminal procedural policiesof EU Member States. The basic variants of classifications of models (types) of criminal procedure policies of the EU Member States are investigated.
It is considered that in the context of defining approaches to the classification of criminal procedural policies of the Member States of the European Union, it would be optimal to simultaneously use the terms «model» and «type» of criminal procedural policy as universal synonymous categories, that reflecting both European and Ukrainian legal traditions.
Despite the tendency to unification and converge criminal procedural legislation of EU Member States on the basis of EU standards, criminal procedural policies in such countries have significant differences.
Belonging to a particular model (type) of criminal procedure policy is determined on the basis of the content of the legal system of a particular EU Member State and is conditioned by various factors.
First of all, there are two basic models (types) of criminal procedural policies of EU Member States at the global level: Anglo-Saxon and Continental (Romano-German). The Continental (Romano-German) model (type) of criminal procedure policy has the following types: French (Romance), German and Swedish (Scandinavian).
The German type (model) had the greatest influence on the formulation of criminal (type), the following subspecies are distinguished: Central and Eastern European, Baltic, Balkan.
The models (types) of criminal procedure policies of EU Member States can be classified on the basis of such a criterion as the form of the state. Thus, the form of state government can distinguish the constitutional monarchical model (type) of criminal procedural policy and the republican model (type) of criminal procedural policy. In turn, the republican model (type) of criminal procedural policy is of two types, semi-presidential and parliamentary. It should be emphasized that the EU Member States are not characterized by the presidential kind of the model (type) of republican criminal procedural policy. According to the form of the state system there are a unitary and a federal model (type) of criminal procedure policy. According to the form of state regime, all EU Member States belong to the democratic model (type) of criminal procedure policy.
One of the criteria for the classification of models (types) of criminal procedural policies is the methodology of codification of criminal procedural law. According to this criterion, it is possible to distinguish classical continental, Swedish (Scandinavian) and Anglo-Saxon model (type) of criminal procedure policy.
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Stepaniuk, R. L., and V. V. Kikinchuk. "Directions for improving the legal regulation of forensic DNA analysis in Ukraine in the context of integration into the European Union." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 234–49. http://dx.doi.org/10.32631/v.2022.2.21.
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An analysis of European standards and main trends in the field of legal regulation of forensic DNA analysis has been carried out. It has been established that the general European legislation defines recommendations on the general principles of using DNA analysis within the framework of the criminal justice system, establishes the obligation of each state to create and maintain a national DNA database, exchange information based on DNA databases, take measures to protect personal data, store DNA profiles of persons convicted of sexual offenses against children, to accredit forensic laboratories to ensure the proper quality of molecular genetic research. Taking into account the experience of European countries, it can be seen that a comprehensive approach to the improvement of domestic legislation, namely the implementation of the law on the national DNA database, the introduction of amendments and additions to the current Code of Criminal Procedure of Ukraine, other laws and departmental regulations regarding the use of DNA analysis in criminal proceedings, is a necessary prerequisite for bringing this area of law enforcement to a new qualitative level.
Together with the adoption of the Law of Ukraine “On the State Registration of Human Genomic Information”, it is necessary to introduce changes and additions to the Code of Criminal Procedure of Ukraine in order to harmonize the provisions of these normative legal acts, which primarily concern the improvement of the procedure for obtaining samples for molecular genetic research. It has been substantiated that the experience of Germany and the Netherlands regarding the legal regulation of mass DNA testing at the stage of pre-trial investigation of serious and especially serious crimes can be useful for Ukraine. Taking into account the rapid development of forensic DNA analysis technologies and the introduction of the latest methods, which are characterized by a much greater degree of interference in the personal and family life of a person, compared to traditional methods of STR profiling, there is a need for a legislative definition of the permissible limits of forensic DNA research within the framework of criminal proceedings in Ukraine.
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Avdeeva, G. "PROBLEMS OF THE IMPLEMENTATION OF THE RIGHTS OF CRIMINAL PROCEDURE PARTICIPANTS ON THE USE OF SPECIAL KNOWLEDGE IN THE CONDITIONS OF COMPETITIVE CRIMINAL PROCEDURE." Criminalistics and Forensics, no. 64 (May 7, 2019): 223–32. http://dx.doi.org/10.33994/kndise.2019.64.19.
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А competition between the criminal procedure parties and equality rights in presentation their evidences to the court, the availability of accused right to defense himself are among the basic principles of legal procedure in Ukraine. Despite the fact that in Art. 22 of the Criminal Procedure Code of Ukraine states that «criminal proceedings are carried out on the basis of the adversarial procedure», the parties of criminal procedure in Ukraine do not have equaling rights and opportunities to gather evidence through the using of special knowledge. A law № 2147-19 inured at the end of 2017 in Ukraine. The changes in the Criminal procedure law and Ukraine law «About a forensic examination» banned for lawyers and investigators to choose theyselves an expert establishment or experts. Investigators, public prosecutors and advocates have a right only to send a request to the judge about needing of a forensic examination. A judge personally chooses expert establishment or an expert. It is a cause of the substantial lowing of rights of lawyers and investigators in the collecting of proofs. These problems of regulation of expert activity in Ukraine do not correspond to the competitive European principles of the court. Part of these problems can be resolved if in Ukraine will adopt the Project of law № 8249. It is proposed in this law to return rights for the investigators and lawyers, which allow them personally to attract of experts. Also it is proposed to allow to nonstate experts and other specialists to conduct forensic examinations. This will bring the legislation of Ukraine closer to the legislation of the member countries of the European Union and will allow the principle of equality of parties rights of criminal procedure. A competition between state and non-state experts will lead to an increase of the quality and scientific level of expert conclusions. Key words: criminal proceedings, special knowledge, competitive judiciary.
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Sirotkina, Mariia, Olena Lomakina, and Olena Shkarnega. "TOPICAL ASPECTS OF DCFTA IMPLEMENTATION IN THE JUDICIAL PROCEEDINGS." Baltic Journal of Economic Studies 7, no. 1 (January 22, 2021): 127–33. http://dx.doi.org/10.30525/2256-0742/2021-7-1-127-133.
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The Association Agreement between the European Union and Ukraine is a new format of relations aimed at creating a deep and comprehensive free trade area (DCFTA) between Ukraine and the EU with the gradual integration of Ukraine into the internal market of the European Union. Focusing on the experience of rule-making of the EU member states, it is necessary to define and implement the legal rules and principles of the national judiciary, taking into account the rules and principles of European law (Chornomaz, 2016). In accordance with the strategy of European integration of our country, the adaptation of Ukrainian legislation is to approximate it with the modern European legal system, which will ensure the development of the political, entrepreneurial, social, cultural activity of Ukrainian citizens, economic development of the state within the EU to facilitate the increase of standards of living of the population. The implementation of the provisions of European legislation provided by the economic part of the Association Agreement (AA) is extremely important in the context of reforms, as the provisions can and should serve as a basis for a new model of socio-economic development of Ukraine. The deepening of the processes of humanization and democratization of Ukrainian society, the gradual introduction of principles and rules of European law into the national judiciary through reforms in the field of justice, inter alia, have led to qualitative updating of criminal procedure legislation of Ukraine, in particular: use of differentiated approach to legal conflicts between persons who have committed criminal offences, which do not pose a great public danger, and victims; simplification and reduction of the procedure of criminal proceedings; ensuring procedural savings; reduction of the caseload; allowing the parties of the conflict to resolve issues of exemption from criminal liability in case of reconciliation between the offender and the victim independently, the appointment of the negotiated punishment and release from serving with probation, etc. Given the specifics of the approach to improving relations with neighbouring countries on a differentiated basis, the EU seeks to identify and base on existing positive sources of sustainability, as well as to monitor and respond to weaknesses with the appropriate set of methods and resources at its disposal. The purpose of the article is to study a theoretical and practical definition of challenges of adaptation of Ukrainian legislation to the legislation of the European Union, institutional and organizational mechanisms of DCFTA implementation in the field of justice and certain norms of the current criminal procedure legislation. Ukraine is undergoing the second phase of radical reform of government structures; it has been continuing for 15 years but, unlike other countries, it is much more difficult for Ukraine to get rid of the burden of past problems. Judicial reform is also underway and domestic legislation is being significantly changed, including the transformation of the judicial proceedings. The topical issue of the development of judicial reforms is an imperfection, and sometimes a contradiction of regulations, which negatively affects the process of realization of rights and responsibilities of all subjects of public relations, slows down the development of Ukraine as a state governed by the rule of law. However, the introduction of institutions of concluding agreements, simplified proceedings, probation, and later mediation, into the criminal procedure legislation of Ukraine indicates the readiness of our state to change the concept of criminal procedure in accordance with the European standards, which will improve the situation of all parties to criminal proceedings. However, they need further completion and improvement. We are convinced that the introduction of such institutions will contribute to the legal development of society to achieve the European standards of restorative justice, which will encourage the further introduction of the latter in the legislation of Ukraine, resolving criminal conflicts by reaching a compromise between parties in cases specified by law. One of the ways to solve this problem in Ukraine is to regulate the process of adoption of regulations by the subjects of rule-making and taking into account the provision that legality as an objective property of law, in general, is the necessary condition and the main principle of the rule-making process.
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Bartko, Robert. "New Legal Solutions in the Hungarian Criminal Law with Reference to the Fight against the Irregular Migration." European Journal of Multidisciplinary Studies 4, no. 2 (May 31, 2019): 44. http://dx.doi.org/10.26417/ejms-2019.v4i2-538.
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International migration has intensified during the last two decades. Europe has been receiving increasing number of migrants from the developing countries (primarily from the Near-East). The number of the irregular migrants entered the European Union reached unprecedented levels in the last four years. The mentioned phenomenon affected the European Union and the Member States as well. The irregular migration is defined and managed in different ways by the Member States. In 2015, when Hungary was in the centre of the migratory flow, a political decision on taking the necessary criminal measures to stop the irregular migrants was made by the Hungarian Government. The legal response concerned widely the Hungarian legal system. In the centre of the amendment were the criminal law and the criminal procedure law. Within the frame of the mentioned decision the Hungarian Criminal Code was amended with three new crimes which are the followings: damaging the border barrier, unlawful crossing the border barrier and obstruction of the construction work on border barrier. The above-mentioned amendment modified the general section of the Criminal Code as well concerning the irregular migration. The aim of the paper is to present on the one hand the solution of the Hungarian criminal law with special reference to the new statutory definitions using the analytical method and on the other hand the data of the Hungarian criminal-statistics as well. However, it shall be underlined that in our paper we could work only with the offical criminal-statistics for 2015-2017 because until the finishing of our study the Unified Hungarian Criminal Statistic of the Investigation Authorities and Prosecution did not summarize yet the data concerns the year of 2018.
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Hrytskiv, A. V. "Extradition models within the framework of international cooperation of states in criminal cases." ACTUAL PROBLEMS OF THE LEGAL DEVELOPMENT IN THE CONDITIONS OF WAR AND THE POST-WAR RECONSTRUCTION OF THE STATE, no. 13 (October 1, 2022): 372–78. http://dx.doi.org/10.33663/2524-017x-2022-13-59.
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The article examines the basic models of extradition within the framework of international cooperation of states in criminal cases. It is emphasized that modern models of issuing persons in criminal cases that develop and expand within international organizations are distinguished. Adoption by international organizations of conventions as multilateral international treaties has a key role in the legal regulation of issues of issuance of persons and the formation of new models. The following models include: Universal Model Issuance within the UN, Model of the Institute of Issuance within the Council of Europe, Model of the Institute for Issuance under the European Union. The article describes the last model. It was noted that before the formation of the European Union in 1993, 28 Member States relied on the European Convention on the Issuance of Persons in 1957 and most European countries implemented the rules of this Convention. Therefore, some other international legal acts were adopted within the framework of this international organization. For example, the Council of Europe Framework on the European Arrest Order and the procedures for transferring offenders between Member States of 13 June 2002, which defines new directions of development of the Institute for the Issuance of Persons. Its feature is the accelerated process and the maximum possibility of issuing persons. It is this model that is now more in demand and new. It is concluded that each state retains its identity in the regulation of issues of issuing persons who assist in the formation of a national model of issuing persons in the framework of international cooperation in criminal cases. In no state in the world, you can find the full similarity of the norms for the issuance of persons. Key words: extradition, international search, legal system, extradition models, European arrest warrant, European Union, international legal acts
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Zębek, Elżbieta, and Anna Chodorowska. "INTERNATIONAL WASTE SHIPMENT BETWEEN THE EU COUNTRIES IN THE CONTEXT OF CRIMINAL LA." PRZEGLĄD POLICYJNY 137, no. 1 (February 4, 2019): 84–100. http://dx.doi.org/10.5604/01.3001.0014.2402.
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This article shows the basic European Union and national regulations with regard to international shipments of waste, such as the Resolution No. 1013/2006 and the Act of 2007 on international shipments of waste in Poland. Procedures which may decrease the negative infl uence of waste on the environment, especially during shipments of hazardous waste, play an important role in this area. For the observance of these procedures, the penal sanction system is useful because it prevents illegal activities in this area. However, an analysis of the statistics of the Supreme Chamber of Control and Police shows that the effectiveness of criminal instruments is not very high. This is evidenced by the low percentage of proceedings under Article 183 of the Penal Code as well as by the poor detection of offenders, and despite the increase in the number of convictions imposed by courts of general jurisdiction, criminal penalties are too lenient.
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Imankulov, T., and A. Asilbekov. "Criminal Liability of Legal Entities in the Kyrgyz Republic Under the Criminal Code of the Kyrgyz Republic Dated February 2, 2017, no. 19: The Need for Identification or Another Planned Sabotage?" Bulletin of Science and Practice, no. 2 (February 15, 2023): 262–82. http://dx.doi.org/10.33619/2414-2948/87/32.
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The article is devoted to the analysis of the institution of measures of criminal law in relation to legal entities that existed in the Criminal Code of the Kyrgyz Republic dated February 2, 2017, no. 19 due to the criminal law reform of 2012-2020. allegedly relying on the concepts and concepts developed by the law of both the European Union and international law, but not once applied in any criminal case in the Kyrgyz Republic for the entire period of validity of this Criminal Code (from January 1, 2019 to the middle November 2021), when, as a result of the adoption of the new Criminal Code of the Kyrgyz Republic (enacted by the Law of the Kyrgyz Republic of October 28, 2021 No. 126), this institution was liquidated. Based on the analysis of the history of the development of the institution of criminal liability of legal entities under the laws of other countries, international conventions, the authors come to the conclusion that it is absolutely inapplicable, groundless, illegal to include legal entities as subjects of quasi-criminal liability and punishment in the Criminal Code of the Kyrgyz Republic. The authors propose measures to combat such initiatives and “reforms” of criminal law in order to avoid collapse, paralysis of the law enforcement system, similar to the one that arose in 2020 inthe Kyrgyz Republic due to the new Criminal, Criminal Procedure and other codes.
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Kozachenko, Oleksandr I., Volodymyr Zarosylo, Mykola O. Gelemei, Mykhailo I. Stankovych, and Mykola M. Yatsun. "International cooperation in conducting procedural actions during the pre-trial investigation in the countries of the European Union and perspectives of its use in Ukraine." Linguistics and Culture Review 5, S4 (November 29, 2021): 2041–50. http://dx.doi.org/10.21744/lingcure.v5ns4.1868.
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The article analyzes some areas of cooperation between law enforcement agencies of the European Union in the field of pre-trial investigation. Particular attention is paid to the European Arrest Warrant and its application. Ukraine aspiring to become a member of the EU must take into account all issues related to the issuance and execution of these warrants. Particular attention is paid to the analysis of more specific problems related to criminal-executive criteria for the perception of life imprisonment as subspecies of imprisonment for a certain period; systemic content ratio of general penitentiary norms, which determine the legal status of convicts sentenced to life imprisonment, and special ones, which should reproduce peculiarities of regime requirements of penitentiary institutions of different security levels (in particular, medium and maximum). It is proved that clarity, completeness and system-legal balance will be facilitated by the formal reproduction in the law of classification of all criminal-executive norms of Chapter 22 of the Criminal Executive Code (hereinafter–CEC) (based on a certain criterion) into norms of general and special significance, which in turn should be divided into the following subtypes. Moreover, the EU countries do not yet have the appropriate practice in the application of these warrants.
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Kirilenko, V. P., and D. S. Molokovskii. "International Legal Aspects of Control of Trafficking in New Psychoactive Substances." EURASIAN INTEGRATION: economics, law, politics 16, no. 1 (March 29, 2022): 77–85. http://dx.doi.org/10.22394/2073-2929-2022-01-77-85.
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Aim. To analyze relevant provisions of the main national and international regulatory legal acts in the field of monitoring and control of new potentially dangerous substances.Tasks. To study the current legal regulation of legal and illicit trafficking of new psychoactive substances in the Russian Federation and the EAEU states. To examine new amendments in the legislation of the European Union regulating the substances traffic control and illicit traffic countering. To provide an overview of the procedures of new psychoactive substances scheduling under the International Drug Control Conventions. To formulate proposals for improving the national and international anti-drug legislation.Methods. The methods of logical and comparative legal analysis, as well as the legal prediction method have been used in this article.Results. The legislation of the EAEU countries in the field of the control of the legal and illicit trafficking of new psychoactive substances needs to be improved and harmonized. The substances scheduling procedures under the international drug control conventions in the EU and the UN are very difficult multi-stage and excessively long. The timing of adoption of new regulatory acts certainly does not correspond to the potential danger of uncontrolled trafficking of new potentially dangerous psychoactive substances for public health.Conclusion. The penalties under Art. 234.1 of the Russian Federation Criminal Code “Illicit trafficking of potentially dangerous psychoactive substances” should be toughened. The legal procedure for forming the state Register of new psychoactive substances must be changed. In the EAEU countries, it should be necessary to make agreement at the interstate level about a uniform approach to the introduction and content of criminal justice responses to the illicit trafficking of new psychoactive substances. In the EU countries and in the frame of the UN, the scheduling procedure under international drug control should be changed regarding new psychoactive substance. All such substances of this kind should be included in a Special Annex for which certain agreed control measures would be prescribed, with the possibility of subsequent expert evaluation of the potential danger of the substance to individual and public health. These established control measures in the fut ure might be toughened or reduced based on the WHO Expert Committee on Drug Dependence critical review and the Commission on Narcotic Drugs (CND) position.
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Ilnicki, Marek. "Zmiany w zarządzaniu granicami Unii Europejskiej wywołane presją migracyjną." Cywilizacja i Polityka 14, no. 14 (October 30, 2016): 121–0. http://dx.doi.org/10.5604/01.3001.0010.0245.
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The European Union, with its economic potential, standard of living of its societies, humanitarian and democratic legal-institutional system, creates very convenient conditions for individual and collective human development. In light of growing conflicts, decline of living standards and epidemiological threats in African and Asian regions close and far from the EU, we are witnessing a growing level of migration towards Europe. The process of immigration, especially to the richest EU countries, is accompanied by many dangers, also of criminal character.One of the forms of reducing the risk of such dangers is effective EU border protection. The aim of the article is to present changes in procedures and border activities implemented as a result of growing threats to EU safety and immigrants themselves.
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Bakutin, Yevhen. "Analysis of European and national experience performance of police enforcement activities." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 328–32. http://dx.doi.org/10.36695/2219-5521.1.2020.65.
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The article reflects the experience of European countries, where much has been done to transform the police into an effective state institution, which enjoys the trust and respect of citizens. The basic organizational and legal foundations of the police - one of the oldest and inalienable components of world civilization, the conceptual justification of the reliable protection of individuals, society and the state from criminal attacks, the rule of law, public safety are considered.
Formulating the purpose of the article. The use of technical means of fixing offenses is one of the essential elements of a highly developed society. At the same time, Ukraine is actively pursuing its foreign policy towards accession to the European Union. That is why the integration intentions of our state necessitate the systematic improvement of the use of technical means of fixing offenses. Resolving objections and conflicts requires the proper regulation of the procedure for bringing the offender to justice, which, in turn, requires comprehensive scientific studies of these problems.
Technological advances have led to new challenges for human rights, as legal regulation tends to regulate existing legal relationships and does not account for the emergence of new forms. A striking example of this is the geometric progression of the use of technical means of fixing offenses by the police in compliance with public order.
According to the analysis of the law enforcement practice of the use of technical means, quite often leads to strong objections between citizens and representatives of authorized state bodies, which need their resolution and resolution. This is especially the case for the use of technical means of fixing offenses for the purpose of counteracting offenses, and also when using these technical means as evidence.
Police activity is one of the foundations for the promotion and development of pan-European values. However, in order for it to be effective, it is essential that the police respect human rights, the rule of law and the principles of democracy - otherwise these pan-European values will be threatened.
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Unterschütz, Joanna. "Strike and Remedies for Unlawful Strikes in the Legal Systems of Poland, Hungary, and Slovakia." International Journal of Comparative Labour Law and Industrial Relations 30, Issue 3 (September 1, 2014): 319–38. http://dx.doi.org/10.54648/ijcl2014018.
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Poland, Hungary, and Slovakia, like many other Central and Eastern European states, underwent profound economic and legal reform in 1989 and early 1990s with the harmonization of their legal system with the EU acquis along with democratic reform of the political system. In this period international conventions, especially ILO standards, were the main source of inspiration. In all three countries strikes are regarded as a last resort, and certain procedures must be implemented to call a lawful strike. The first formal requirement in Polish and Slovak law concerns the reason for a collective dispute: work and employment conditions as well as trade union freedoms and rights or conclusion of a collective agreement. The next requirement concerns the parties to the dispute: workers must be represented by trade unions (except in Hungary). They cannot initiate a collective dispute individually (even if the outcome would subsequently concern all the employees) or through another representative body such as works councils or employee representatives. The proportionality principle must be respected with regard to the demands of strikers and those organizing the strike may be liable for damages. Workers taking part in unlawful strikes may be subject to the sanctions laid down in labour law, such as disciplinary sanctions, dismissal or pecuniary sanctions if damage is caused. Provision for criminal liability is made only in the Polish legal system. They are construed so that many acts of employers or trade unionists representing workers in the course of collective disputes can be subject to sanctions. As far as illegal strikes are concerned, those leading an illegal strike or other protest action can be criminally liable.
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Hlobenko, H. I. "Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 91, no. 4 (December 20, 2020): 272–81. http://dx.doi.org/10.32631/v.2020.4.26.
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The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution.
The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition.
Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.
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Domres, MD, Bernd D., AlBadi Rashid, MD, Jan Grundgeiger, MD, Stefan Gromer, MD, Tobias Kees, MD, Norman Hecker, and Hanno Peter. "European survey on decontamination in mass casualty incidents." American Journal of Disaster Medicine 4, no. 3 (May 1, 2009): 147–52. http://dx.doi.org/10.5055/ajdm.2009.0023.
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Objective: The goal of this study is to assess the European status in the case of mass casualties regarding legislation, responsibilities of ministries and organizations, education and training, material and equipment, and bottlenecks.Design: A questionnaire answered by 22 of 27 European Union member states and Croatia, Norway, and Switzerland. Results and recommendations of a European expert’s workshop on decontamination of victims of mass casualties.Setting: Ministries and responsible organizations of 22 European Union member states Croatia, Norway, and Switzerland.Subjects: Hazardous chemical agents are a global realistic risk. Therefore it is an important obligation to direct education, service activities and research towards priority concerns of prevention and response in case of an accidental or criminal liberation of toxic chemicals. The most effective procedures to save the life and health of contaminated persons are: (1) The decontamination of chemically contaminated casualties as soon as possible reduces both morbidity and mortality. (2) The removal of clothing as the first stage of the decontamination process reduces the amount of contamination by 75-85 percent. The decontamination in case of a mass casualty incident needs a high number of personnel, personal protection equipment (PPE), a decontamination unit, education and permanent training, and a management of command, communication, and coordination; all these in the shortest time of preparedness, reaction, and cross border nationally and internationally.1Interventions: During the German EU Council Presidency in the first 6 months of 2007 the Federal Ministry of the Interior held a 3 days seminar (Ahrweiler, February 22-24, 2007) on the “Decontamination of Casualties Involved in Incidents with Hazardous Chemical Materials—European Inventory and Perspectives.” The aim was to arrange an exchange of information and experience on the various systems in place in Europe which would be beneficial to all parties concerned. The seminar was organized by the Federal Office of Civil Protection and Disaster Assistance.Main outcome measure: (1) Results of a nine question enquiry, (2) results of four workgroups with the focus on medicine, organization, equipment, and education.Results: In most countries, the medical sector is the weakest part of the integrated approach. Decontamination has two goals: to decontaminate the casualties and to avoid secondary contamination of personnel, equipment, and institutions (hospitals). The most effective method for decontamination is to undress patients as soon as possible. The procedures for undressing, triage, basic life support, etc have to be evidence based by research. Cooperation between MS should be developed including transborder cooperation, designing modules in the framework of the EU Mechanism, and considering reinforcement between MS as precautionary measures, for example, for major international events. Interoperability of equipment is recommended and achievable. Need for European inventory of decontamination units. Need for national stockpiles of antidotes and drugs as well as logistics.Conclusions: The following recommendations were given to the EU Commission: Organize focused experts meetings on the above mentioned subjects. Promote common exercises. Collect and promote best practices by supporting research for evidence-based results. Promote crossborder cooperation and possibly preplanned reinforcements.
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Sootak, Jaan. "Dear reader,." Juridica International 28 (November 13, 2019): 1. http://dx.doi.org/10.12697/ji.2019.28.00.
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A large proportion of the articles in Juridica International this year is dedicated to criminal law. A paper that truly addresses the issues of legal dogmatics in this field in depth with regard to delict of negligence was contributed by Laura Feldmanis. Raimo Lahti’s article on the criminal liability of a legal person is written from the standpoint of criminal and comparative law, while Frieder Dünkel’s approach to German sanction law should provide plenty of interest and joy of discovery for legal scientists and practitioners alike. Thomas Weigend’s submission, in turn, takes a rather unique look at the material element in criminal law and criminal procedure. He focuses his attention on truth and values. Andres Parmas has considered Estonian criminal law in relation to the dogmatics of international criminal law. All of these articles are an outgrowth of presentations made at a jubilee conference that took place at the University of Tartu. I would like to take the opportunity here to thank everyone who participated in the conference – especially, of course, the speakers. In addition, two articles on medical law had their beginnings in presentations at the conference. One of them, by Henning Rosenau, is squarely in the domain of classic medical law, bringing together discussion of human rights and of issues connected with reproductive medicine. The other medical-law article, by Henning Lorenz, draws particular attention to an addition to German criminal law that has made waves (and met a lot of criticism) in the fields of criminal law, medical law, and legal policy in general: criminalising assisted suicide. This topic has been subject to intense discussion also in the media of Estonia and other countries. I can happily say on behalf of both myself and the editorial board that, at the same time, the new issue offers plenty to read also for those less interested in criminal and medical law. Self-driving cars are a matter of interest not only to engineers but also for lawyers. Taivo Liivak’s ‘What Safety are We Entitled to Expect of Self-driving Vehicles?’ considers some of the issues that we will soon face on the streets on a daily basis. Private law is represented in the article ‘A Half-built House? The New Consumer Sales Directive Assessed as Contract Law’. This piece on consumer protection and contract law was submitted by Kåre Lilleholt, who holds the title Doctor Honoris Causa from the University of Tartu. A paper jointly authored by Ilya Ilin and Aleksei Kelli, ‘The Use of Human Voice and Speech in Language Technologies: The EU and Russian Intellectual Property Law Perspectives’, examines the legal protection of intellectual property. The field of constitutional law is represented too, by Ivo Pilving’s presentation of an approach to fundamental rights in the context of European Union law in ‘Parallele Anwendbarkeit von Grundrechtecharta der EU und nationalen Grundrechten’. Still more colours are added to the legal palette by Märt Maarand, with his article ‘The Concept of Recovery of Credit Institutions in the Bank Recovery and Resolution Directive’, and by the paper ‘Is Full Preference for a Secured Claim in Insolvency Proceedings Justified?’, by Anto Kasak.
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Bassi, Eleonora. "Urban Unmanned Aerial Systems Operations." Law in Context. A Socio-legal Journal 36, no. 2 (May 20, 2020): 1–12. http://dx.doi.org/10.26826/law-in-context.v36i2.114.
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The drone sector offers a wide range of affordances, opportunities, and economic benefits for society. Delivery services, agriculture monitoring, wildfire control, public infrastructure inspections, humanitarian aid, or drone journalism, are among the activities enhanced by unmanned aerial systems (UAS). No surprise the civilian UAS market is growing fast throughout the world. Yet, on a daily basis, newspapers report serious concerns for people infringing other people’s rights through the use of drones. Cybersecurity attacks, data theft, criminal offences brought about the use of this technology frame the picture. Nowadays, several countries are changing their legal rules to properly address such challenges. In 2018, the European Union (EU) started its five year-long regulative process that should establish the common rules and standards for UAS operations within the EU Single Sky by 2023. A similar timeline has been adopted in the United States, so as to provide the jurisdictional boundaries for the civilian use of drones. The United Kingdom (UK) and Japan are adopting new rules too. From a legal point of view, the overall framework is thus rapidly evolving. The aim of this paper is to give attention to (i) privacy and data protection concerns raised by UAS operations; (ii) their monitoring functions and corresponding surveillance issues; and, (iii) how a privacy preserving approach – such as with privacy by design technologies, organizational measures, audit procedures, civic involvement, to name a few – makes a lawful and ethical use of this powerful technology possible.
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Królikowski, Hubert. "Hybrid Threats and Warfare, Are we Really Facing Something New?" Internal Security 9, no. 2 (July 9, 2018): 9–21. http://dx.doi.org/10.5604/01.3001.0012.1698.
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Since 2014 the term hybrid warfare and threats has become catchword. This term (hybrid warfare) was introduced to academic discourse by William J. Nemeth in 2002 in relation to the wars in Chechnya and popularised in 2006 by Frank G. Hoffman in relation, among other things, to the second Intifada. In 2014 after the annexation of Crimea by Russia and the outbreak of fighting in eastern Ukraine, the terms hybrid war and hybrid threats were transferred from scholarly discussion to politics and official documents. The author seeks to answer the following question: is the invention of so called hybrid warfare and hybrid threats something new, or rather a confused reaction to European Union and NATO astonishment at Russian activity in the eastern and southern frontiers of Ukraine. The fact that armed conflict includes mixed elements of regular and irregular forms of armed combat, guerillas and terrorists, criminal acts, use of new technologies to conduct armed, information, psychological or economic warfare is not new. Scholars who investigate hybrid conflicts give examples of historic wars starting from the war between Rome and the Germans ( Publius Quinctilius Varus campaign in 9 AD against German tribes led by Arminius), through the war of independence in the USA, to the Chechen wars. Nowadays, greater and greater dependence on technology, information delivered in almost real time and the creation of more elaborate and complicated procedures and decisive processes in Western countries have increased the vulnerability to hostile actions other than military ones and ones that use military force.
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Mykytyn, Y. I. "European Union criminal procedure policy as part of the European Union's policy in the field of the fight against criminality." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 190–95. http://dx.doi.org/10.24144/2788-6018.2021.03.35.
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This article is devoted to finding the term that would be optimal for naming the procedural part of the European Union's policy in the field of the fight against criminality.
The terms «EU policy in the field of the fight against criminality», «EU criminal policy», «EU law enforcement policy» are used to refer to a separate type of European Union policy.
Adhering to the position of giving preference to the use of the term «policy in the field of the fight against criminality», it is seen that such a construction can be applied in the context of the European Union and, as we see, is in demand. However, it should be recognized that a significant number of European scholars use the term «criminal policy of the European Union».
Thus, it is proposed to use the term «European Union policy in the field of the fight against criminality» as a generalized concept that better reflects its non-level, but namely complex structure and relatively independent but interconnected basic elements, parts, first of all, EU criminal policy and EU criminal procedure policy.
Of course, we can talk about other parts of the European Union's policy in the field of the fight against criminality, in particular, criminology, but the primary interest in the study is its procedural component.
There are various terminologies in the literature that define it. For example, the following options can be identified: 1) «EU policy in the field of judicial and law enforcement cooperation»; 2) «European Union Justice and Home Affairs Policy». The term «EU policy in the field of justitia and home affairs», which is as close as possible to the latter wording and also used; 3) «European Union policy on criminal procedure»; 4) «European justice policy».
The most common term is «procedure». For example, «criminal procedure policy of the EU» and its interpretation. The words «procedure» and «process» are synonymous words.
Accordingly, to denote the procedural part of the European Union's policy in the field of the fight against criminality, it is acceptable to use the term «criminal procedural policy of the European Union» as the optimal.
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Urbaniak-Mastalerz, Izabela. "International Criminal Procedure and the Law in the European Union." Zeszyty Naukowe Instytutu Administracji Akademii im. Jana Długosza w Częstochowie. Gubernaculum et Administratio 2(12) (2015): 111–28. http://dx.doi.org/10.16926/gea.2015.02.26.
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Gaćeša, Radmila. "European Union Convention on Common transit procedure." Bankarstvo 51, no. 2 (2022): 173–84. http://dx.doi.org/10.5937/bankarstvo2202173g.
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On February 1st 2016, the Republic of Serbia acquired the status of a full member of the European Union Convention on Common Transit Procedure, and joined the existing members: EU countries, EFTA countries, as well as individual members Turkey and the Republic of North Macedonia. In this way, Serbia put its particularly important geopolitical position in Europe, and its openness to support and acceptance of foreign direct investments, into the function of further dynamic improvement in the sphere of economy and overall economic development.
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Vasilkov, Zorančo, and Dragana B. Lazić. "Development of criminal jurisdiction of the European Union." Juridical Analytical Journal 16, no. 1 (November 13, 2021): 7–14. http://dx.doi.org/10.18287/1810-4088-2021-16-1-7-14.
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The criminal jurisdictions of the European Community and subsequently the European Union began to develop as subsidiary competencies aimed at protecting economic and industry policies established by the founding treaties. Their development has pointed to the necessity of using forced measures for the preventing abuse and countering criminal activities in the area of the customs union and the common market. This paper presents the gradual transfer of limited criminal jurisdictions from the jurisprudence of the European Court of Justice and communitarian law into the contractual competences of the European Union with an explicit legal basis after the entry into force of the Treaty of Lisbon. Using the teleological method, the method of the content analysis (of the legal norms) and the comparative method the paper emphasizes examples of using criminal jurisdictions within the framework of communitarian law, the delimitation of competencies between the EU and the EC, and the changes made by the Treaty of Lisbon in relation to the EU Treaty of Amsterdam. Amendments to the founding treaties have set the foundations for developing criminal jurisdictions into the supranational criminal law that through its norms would supplement national criminal justice systems in the areas of substantive criminal law and the law of criminal procedure.
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Meshcheryakova, O. M. "Transborder Crime in the European Union and the Fight Against It." Russian Journal of Legal Studies 3, no. 4 (December 15, 2016): 69–72. http://dx.doi.org/10.17816/rjls18195.
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The Article «Transborder Crime in the European Union and the fight against it» is devoted to the legal principles governing co- operation between Member States of the European Union in crime investigation. The author of the article proposes to get acquainted with Criminal Procedure of Victims of the Criminal Offences.
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Wielec, Marcin. "‘Children in Criminal Procedure – Friendly Law’." Central European Journal of Comparative Law 2, no. 2 (November 20, 2021): 241–55. http://dx.doi.org/10.47078/2021.2.241-255.
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The considerations undertaken in the scientific article constitute an analysis and evaluation of the solutions included in the government's legislative proposal aimed to change the provisions of the Code of Criminal Procedure, the Family and Guardianship Code, and the Law on the System of Common Courts with regard to the position of minor victims. The legislative initiative is a significant change that aims to improve the protection of children participating in criminal procedures. This legal act’s draft indicates the provision of a special position to children in the criminal procedure. If children happen to be the aggrieved parties in criminal procedures, they deserve to be met by the court and participants with exceptional awareness and sensitivity. I am of the opinion that the criminal procedure must be structured in such a way that the participating children feel safe. The judiciary should aim to be child-friendly. It is extremely important that children feel understood as well as they understand the new legal reality in which they find themselves. In this analysis, I have referred to the regulations on the protection of children's rights under the international law and the law of the European Union. In this study, I have laid emphasis on the point that the proposed legislative solutions should meet the assumptions of the European directives issued by the European Union institutions as well as the Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice, the main act on the protection of children's rights issued by the Council of Europe.
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Laffranque, Julia. "The Judicial System of Estonia and European Union Law." International Journal of Legal Information 33, no. 2 (2005): 224–39. http://dx.doi.org/10.1017/s0731126500004947.
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Estonia employs a civil law system and follows the legal traditions of continental Europe – there is a distinction between public and private law. The main source of law is written (statutory) law. Case law has no precedent value. However, the decisions of the Estonian Supreme Court are used as a subsidiary source of law in interpreting and founding the general principles of law. This followsexpressis verbisfrom the Estonian Code of Criminal Procedure, which states in article 2 subsection 4 that the decisions of the Supreme Court in issues which are not regulated by other sources of criminal procedural law but which arise in the application of law are also sources of criminal procedure law. And they arede factoin other areas of law: private law, in particular administrative law, as well. Thus one could say that step-by-step the judgments of the Supreme Court gain more and more importance in shaping the legal system and legal order of Estonia.
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Gwoździewicz, Sylwia. "THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION." International Journal of New Economics and Social Sciences 1, no. 1 (June 30, 2015): 0. http://dx.doi.org/10.5604/01.3001.0010.3758.
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In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor
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Danilovskaia, Anna. "Criminal law protection of competition in the European Union, Germany, Great Britain and France." Юридические исследования, no. 6 (June 2020): 21–35. http://dx.doi.org/10.25136/2409-7136.2020.6.33294.
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The object of this research is competition policy and criminal law policy with regards to protection of competition in Europe that are similar to the Russian approach of countering infringement on fair competition. Legislation on competition is dynamically developing in all countries, which causes corresponding changes in their criminal law policy. For improving the effectiveness of cartel detection, many countries endorsed leniency policy for cartels, as well as make amendments to their laws due to proliferation of unfair competition, particularly on the Internet, as well irregularities in tendering. The analysis of modern sources of competition and criminal law of Germany, Great Britain and France, as the first European countries that developed the rules aimed at protection of competition, can be valuable for understanding the concept of protection of competition adopted by the world community, as well as its European model. The consists in broadening the existing knowledge on criminal law protection of competition in Europe, acquired as a result of comprehensive research of the legislations of the European Union, Germany, Great Britain and France in the area of protection of fair competition with consideration of recent amendments, including leniency policy for cartels. The author concludes that Europe has a developed criminal law mechanism for counteracting anticompetitive behavior, which is characterized by a range of prohibited acts, application of versatile criminal law measures to the persons guilty of such infringements, differentiated approach to the questions of their criminal liability, and substantial main and additional sanctions applicable to not only physical entities, but also legal entities in some countries. The obtained results can be useful in lawmaking, scientific and educational activity.
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Herlin-Karnell, Ester. "The Power of Comparative Constitutional Law Reasoning in European Criminal Law Procedure." ICL Journal 13, no. 1 (May 27, 2019): 1–27. http://dx.doi.org/10.1515/icl-2018-0047.
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Abstract This paper explores the constitutional dimension of comparative criminal law procedure in a European context. It does so by focusing on the European civil law traditions and by explaining how the impact of constitutional law reasoning has changed the criminal law landscape. The paper argues that the influence of European Union law and the European Convention on Human Rights regime together with other comparative law effects have led to an adapted version of the comparative law project, where the orthodox distinction between civil law and common law is largely erased. Specifically, the paper focuses on the question of fairness and justification in the criminal law process, the principle of proportionality and the notion of dignity in a comparative perspective. The paper draws on both doctrinal and theoretical examples.
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Pejović, Krsto. "Reformatio in peius in criminal procedure." Crimen 13, no. 3 (2022): 264–83. http://dx.doi.org/10.5937/crimen2203264p.
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In the paper, we tried to comprehensively define the field of application of the prohibition of reformatio in peius, and to present theoretical, divergent, interpretations of this provision, as well as to try to illustrate all this with the practice of both regular and constitutional courts. We have seen that the provision of Article 400 of the Montenegrin Code of Criminal Procedure is not enough to be interpreted only linguistically. This provision hides much more. First of all, the phrase "appeal filed only in favor of the defendant" should be interpreted in the same way when the prosecutor filed an appeal that was rejected. In addition, we have seen that this prohibition binds both the second-instance court when deciding on the appeal and the first-instance court in the retrial, if the decision is revoked. The practice of international courts, more specifically the European Court of Human Rights and the Court of Justice of the European Union, represented an unavoidable sequence in the presentation. We have seen that the ECtHR did not affirm this prohibition in its practice. Moreover, it could be said that if the national courts respect the ECHR standards inaugurated so far, a stricter legal qualification and (or) a stricter criminal sanction against the defendant in the new proceedings would be allowed. It only remains for us to see whether the ECtHR, over time, will change this practice, or whether we, under the undoubted authority of this court, will marginalize this provision.
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Jakubowski, Olgierd. "Karnoprawna ochrona dziedzictwa kulturowego przed zniszczeniem w wybranych państwach europejskich – zarys zagadnienia." Studia Prawnoustrojowe, no. 44 (January 6, 2020): 153–69. http://dx.doi.org/10.31648/sp.4901.
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Properly constructed criminal law provisions can prevent the destruction of heritage. The laws of the European Union are not an appropriate toolto reduce this phenomenon, although an analysis of criminal laws of individual countries may help in developing effective solutions in the Polish legalsystem. This article presents the criminal law solutions to protect againstthe destruction of heritage in France, Italy and Austria. Comparison of theprovisions in these European countries allows the effective scope of protection of their cultural property to be indicated and to assess the possibility ofincluding some of the standards to the Polish system of heritage protection.
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Timofeyeva, Liliya. "EUROPEAN INTEGRATION CHALLENGES IN THE CRIMINAL LAW POLICY OF UKRAINE IN WAR REGIME." European Historical Studies, no. 21 (2022): 18–27. http://dx.doi.org/10.17721/2524-048x.2022.21.2.
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Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.
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Лазарева, Наталья, and Natalya Lazareva. "HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA." Journal of Foreign Legislation and Comparative Law 1, no. 5 (December 2, 2015): 0. http://dx.doi.org/10.12737/16140.
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The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.
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Mytnyk, Ulyana. "Criminal legal counterwork of domestic violence in some countries of the European Union." NaUKMA Research Papers. Law 3 (August 14, 2019): 83–87. http://dx.doi.org/10.18523/2617-2607.2019.3.83-87.
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Movchan, Roman, Andrii Vozniuk, Maria Burak, Vitalii Areshonkov, and Dmitriy Kamensky. "Criminal law counteraction to land pollution in the EU countries: searching for the optimal model." Revista Amazonia Investiga 10, no. 42 (July 30, 2021): 15–23. http://dx.doi.org/10.34069/ai/2021.42.06.2.
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The main goal of the article is to study both advantages and disadvantages of the approaches of the European Union (EU) states to criminal law prevention of land pollution. As a result of this an optimal legislative model should be developed to protect this element of the environment from criminal encroachment, which can be further used by the EU states in improving existing or creating new rules aimed at criminal law protection of land resources from pollution or the creation of new rules aimed at criminal law protection of land resources from pollution. The following research methods have been used to study criminal law provisions of the selected countries, to prove the stated hypotheses and to formulate conclusions: comparative law, system analysis, formal-logical, dialectical and modeling method. As a result of the study of various models of criminal law protection of land resources embodied in the legislation of nineteen European Union states, it has been proved that: 1) such protection should be carried out by a single universal rule on criminal liability for pollution not only of land but also of other components of the environment (water, air, forest); 2) only such land pollution shall be considered criminal, which has led to real (non-potential) damage to the environment, human health or property damage; 3) liability for land pollution should be differentiated depending on: a) weather guilty person’s act was intentional or negligent; b) what the consequences of land pollution have been.
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Milivojević, Suzana. "Importance of defence counsel's presence in the interrogation of a suspect in a criminal procedure." Bezbednost, Beograd 64, no. 3 (2022): 155–74. http://dx.doi.org/10.5937/bezbednost2203155m.
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Particularly sensitive position of the suspect on the one hand, and the main task of criminal procedure embodied in comprehensive clarification and resolution of criminal matters on the other hand, motivated the legislator to provide special rules for questioning the suspect closely related to his special rights in criminal proceedings, of which the most important is the right to access counsel. In the following article, the author will first refer to the European standards of protection of the right to access defence counsel during the hearing of adult suspects, paying special attention to the European Court of Human Right case law and Directive 2013/48/EU, considering that Serbia has signed European Convention for the Protection of Human Rights and Fundamental Freedoms and aspires to become a member state of the European Union. In the end, the author will review relevant provisions of national legislation primarily contained in the Criminal Procedure Code, point out possible shortcomings and propose changes to ensure more efficient exercise of the right of access defence counsel to suspects.
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Dec, Pawel, and Piotr Masiukiewicz. "Models of Bankruptcy Procedures in European Union." Business and Management Horizons 3, no. 2 (December 1, 2016): 46. http://dx.doi.org/10.5296/bmh.v4i2.10275.
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This paper focuses on the analysis of comparative models bankruptcy in selected EU countries and the evaluation of the effectiveness of the insolvency proceedings. These models are quite similar in the countries concerned; also they give the opportunity to the many variants of the bankruptcy procedure. The main thesis of the article is—so far developed and applied models of bankruptcy are still insufficient and need to be improved and reorientation to a greater extent, particularly concerning the taking into account of weak signals from the business environment. The authors analyzed the relevant theories of the firm and its reference to bankruptcy, presented various models of insolvency procedures in selected EU member states, analyzed the so-called European Company for bankruptcy. Complementing the paper detailed research on the effectiveness of insolvency proceedings in many countries. Included in the text of the conclusions show the shortage of both in theory and in practice, a comprehensive solution to the problem of insolvency proceedings.
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Martín, Adán Nieto. "Saudade of the constitution: The relationship between constitutional and criminal law in the European context." New Journal of European Criminal Law 10, no. 1 (March 2019): 28–33. http://dx.doi.org/10.1177/2032284419840438.
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This article examines the relationship between the constitution and criminal law. The relationship between criminal law and constitutional law has been the subject of much attention by doctrine in several European Union countries. However, in view of the jurisprudence of the Constitutional Courts and the European Courts, they have not served to constitute an effective limit for the legislator. In particular, the article examines the case law relating to the principle of proportionality.
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Mitsilegas, Valsamis. "The External Dimension of EU Action in Criminal Matters." European Foreign Affairs Review 12, Issue 4 (December 1, 2007): 457–97. http://dx.doi.org/10.54648/eerr2007041.
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The rapid development of internal European Union action in criminal matters in recent years has been accompanied by a strong emphasis on external action in the field. Implementation of the EU acquis in the field has been required in the context of accession negotiations and has been an important (if not thorny) issue in both the 2004 and 2007 enlargements; and cooperation in criminal matters is regularly requested by the neighbours of the Union. Moreover, recent years saw the European Union launching itself as an international actor in criminal matters by negotiating and concluding a series of – heavily contested – international agreements with third countries (primarily with the USA) in the field. Less visible, but perhaps equally far-reaching, has been the Union’s involvement in the development and application of international criminal law standards via its participation in international treaties and organizations, and its acceptance in the Union legal order of standards produced by international organizations and bodies. This article will examine the many facets of EU external action in criminal matters. Developments in the external field will be viewed in the light of their coherence with the Union’s ‘internal’ action in criminal matters, and the broader challenges that EU external action in the field to the EU’s projected identity and values will be explored.
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Rosin, Kaie, and Markus Kärner. "The Limitations of the Harmonisation of Criminal Law in the European Union Protected by Articles 82(3) and 83(3) tfeu." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 4 (November 21, 2018): 315–34. http://dx.doi.org/10.1163/15718174-02604003.
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Articles 82(3) and 83(3) tfeu give Member States the possibility to suspend the legislative procedure of eu criminal law. Article 82(3) allows that kind of emergency brake mechanism for the process of adopting minimum standards for harmonising rules of criminal procedure enhancing judicial cooperation in criminal matters and Article 83(3) for establishing minimum rules concerning the definition of criminal offences and sanctions. A Member State can only use the emergency brake clause when the proposal for the directive would affect the fundamental aspects of its criminal justice system. This prerequisite deserves a closer analysis, therefore the aim of this article is to interpret the meaning of tfeu articles 82(3) and 83(3) to better understand the limitations of the harmonisation of criminal law in the European Union.
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Tsyganii, Svitlana, Dmytro Shyian, Mariia Diakur, Vitalii Areshonkov, and Volodymyr Hospodarenko. "Criminal Law Transformation in the Context of COVID-19: The Experience of the European Union and Ukraine." Cuestiones Políticas 40, no. 73 (July 29, 2022): 52–70. http://dx.doi.org/10.46398/cuestpol.4073.02.
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The aim of the study was to identify and analysed the novelties of the criminal law of Ukraine and the EU Member States caused by the COVID-19 pandemic, as regulations and social impact tools. The content analysis, doctrinal approach, comparative method, as well as general methods were applied to analysed research papers, regulations, case law and statistics on COVID-19-related crimes. Criminal law is considered as part of anti-pandemic policy. National governments focus on responding to individual COVID-19-related crimes rather than on crime trends in general. Due to the transient situation, European and Ukrainian practice has shown the priority of adapting existing criminal law to prevent COVID-19. In general, the transformation of criminal law involves establishing rules that can be applied in any pandemic. An important area is the response to long-term criminal challenges (domestic violence, organized crime) through criminal law. The experience of European countries and Ukraine in responding to global threats reveals uncertainty in the criminal law transformation approaches. This determines the reasonability of working out a common European framework of criminal law policy and prospects for the development of criminal law, which can be defined in international recommendatory instruments.
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Zębek, Elżbieta. "Important issues in select European Union countries’ criminal environmental law in compliance with Directive 2008/99/EC." Vestnik of Saint Petersburg University. Law 12, no. 2 (2021): 356–73. http://dx.doi.org/10.21638/spbu14.2021.207.
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This article analyzes issues in criminal environmental law in Poland, the Czech Republic and Germany, which implemented the provisions of the European Commission Directive 2008/99/EC. The provisions of this directive changed the scope of protection of environmental resources in these countries’ penal codes to varying extents. These three countries have been relatively successful in comprehensively implementing criminal directive provisions. This included changes in the special protection of Natura 2000 sites and ozone depleting substances. Legal systems are generally based on prevention and risk assessment, and the basic conditions of criminal responsibility for environmental crimes include “significant damage, causing damage to the health of another or animals and plants, damage to other property and also water, air, soil and environmental components which have significant value”. Additional aspects include environmental damage over larger areas and restoration costs. However, the greatest current problem is the vague definition of conditions of criminal responsibility, which makes it difficult to enforce legislation. The following postulates de lege ferenda were formulated: clarify the premises for offenses against the environment, specify the costs of remedying environmental damage, define critical emission standards for environmental crime, as well as specify activities in protected areas that threaten objects. This article emphasizes that an increased and better definition of the conditions of criminal responsibility for environmental crimes enacted by EU countries may contribute to more effective enforcement of infringements of environmental protection law.