Статті в журналах: "Content related offenses"

1

Kulikov, A. S., та К. V. Chirkin. "Failure to Сomply with the Legal Requirements Applied to the Deputy (a Case Study of the City of Moscow Legislation)". Actual Problems of Russian Law, № 10 (9 листопада 2019): 20–28. http://dx.doi.org/10.17803/1994-1471.2019.107.10.020-028.

Повний текст джерела

Анотація:

The study is devoted to such a specific administrative offense as failure to comply with the legal requirements of a deputy that has no parallel in Soviet administrative law. The subject of the analysis covers the norms of regional legislation. Primarily it covers the Code of Administrative Offences of the city of Moscow 2007 and related provisions of other laws of the city of Moscow. Taking into account interconnected legal norms, the author highlights the object of the administrative offense under consideration, defines the concept of “lawful demands of the deputy,” clarifies the content of other elements of the offence, namely: the objective party [sic] (objective element, actus reus), the subject (the offender), and the subjective party [sic] (state of mind, mens rea). At the same time, a number of statutory flaws are revealed and ways of their correction are proposed. In particular, the author highlights combining two administrative offenses with various direct objects in one part of the article of the Code on Administrative Offences of the City of Moscow, lack of a legal definition of the concept of “legitimate demands of the deputy,” lack of administrative responsibility imposed on sitizens for obstruction of the deputy’s work, excessive lenience of the penalty for violation of time limits given for processing the deputies’ requests in comparison with similar administrative offenses of lower public danger.

Стилі APA, Harvard, Vancouver, ISO та ін.

2

Nesterova, Anastasia Vladimirovna. "Legal assistance in cases of administrative offences and other types of legal assistance." Международное право и международные организации / International Law and International Organizations, no. 2 (February 2021): 68–76. http://dx.doi.org/10.7256/2454-0633.2021.2.35825.

Повний текст джерела

Анотація:

The subject of this research is the Institution of legal assistance in cases of administrative offenses. The author examines the concept, according to which the norms on international legal assistance related to various branches of law (civil procedure, arbitration procedure, criminal procedure, administrative, private international) and reflecting the basic principles of international law, constitute an independent set of norms. The Institute of rendering legal assistance in cases of administrative offences is most similar by the content to the Institution of rendering legal assistance in cases of criminal offences established in the Chapter 53 of the Criminal Procedure Code of the Russian Federation. The comprehensive analysis of these institutions along with the position of the international community on their correlation, contributes to elaboration of ways for their development. The European Court of Human Rights, in the context of correlation of the norms on criminal responsibility in different countries, claims that regardless of whether the act is a criminal offence (France), minor offence (Germany), or administrative offense (Russia), it falls under the category pf  “criminal matter” (criminal sphere), from the perspective that the country is obliged to provide a person with due procedural guarantees if indicted. Considering that the international community understands “criminal matter” as both crimes and offenses, the provisions on rendering legal assistance in cases of administrative offenses can be implemented in accordance with the standards that are effective in providing legal assistance in cases of criminal offences. The latter may include the process of harmonization and unification of international and domestic law, conclusion of bilateral and multilateral agreements between the countries, etc.

Стилі APA, Harvard, Vancouver, ISO та ін.

3

Kaplunov, Andrey. "About the stage of initiation proceedings in a disciplinary case on the fact of committing an administrative offense by an employee of the internal affairs bodies." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 1 (April 8, 2020): 174–82. http://dx.doi.org/10.35750/2071-8284-2020-1-174-182.

Повний текст джерела

Анотація:

According to the current legislation, employees of internal Affairs bodies may be brought to administrative responsibility for committing an administrative offense on a General basis, or to disciplinary responsibility. Each type of responsibility has its own procedural form of implementation: proceedings in the case of an administrative offense, or proceedings in a disciplinary case. This raises a question of both theoretical and practical significance about, the correlation of these procedural forms when bringing employees of internal Affairs bodies to disciplinary responsibility for committing an administrative offense. In the article based on the theory of the administrative process, the list of procedural actions in proceedings on cases of administrative offences and proceedings in disciplinary cases, when you initiate disciplinary proceedings upon the Commission by the employee of internal Affairs bodies administrative offense. Analysis of the legislation on administrative offenses and legislation on service in the internal Affairs bodies of the Russian Federation, materials of disciplinary and judicial practice, modern scientific research on issues related to bringing employees of internal Affairs bodies to disciplinary responsibility for committing administrative offenses, allowed us to reveal the content of the stage of initiation in disciplinary cases of this category, to formulate proposals for improving the legal norms governing individual procedural actions, taking into account the prospects for the adoption of the draft Procedural code of the Russian Federation on administrative offences.

Стилі APA, Harvard, Vancouver, ISO та ін.

4

Gontarenko, V. P. "Grounds and procedural order for entering information about criminal offenses related to domestic violence into the Unified Register of Pre-trial Investigations." Bulletin of Kharkiv National University of Internal Affairs 97, no. 2 (June 30, 2022): 221–33. http://dx.doi.org/10.32631/v.2022.2.20.

Повний текст джерела

Анотація:

An analysis of scientific approaches and provisions of the criminal procedural legislation of Ukraine regarding the grounds for starting a pre-trial investigation in general, as well as taking into account the specifics of criminal offenses related to domestic violence, was carried out. It is argued that the effectiveness of criminal proceedings depends on the timely detection of the facts of the commission of illegal acts related to domestic violence and the initiation of a pre-trial investigation. It is emphasized that in order to eliminate conflicts in the legislative and by-law normative regulation of the activities of law enforcement agencies at the beginning of the pre-trial investigation, especially of criminal offenses related to domestic violence, the circle of subjects who can independently identify circumstances indicating the commission of a criminal offense should be expanded. It was found that the basis for starting a pre-trial investigation of criminal offenses related to domestic violence, in respect of which criminal proceedings are carried out in the form of a private indictment, is only the statement of the victim. Grounds for initiating criminal proceedings regarding criminal offenses related to domestic violence, which are not provided for by the articles (parts of articles) of the Criminal Code of Ukraine, listed in Clause 1, Part 1 of Art. 477 of the Criminal Procedure Code of Ukraine, there is a statement, a notification (to the call center for preventing and countering domestic violence, gender-based violence and violence against children; other entities implementing measures in the field of preventing and countering domestic violence) and independent detection by an investigator, inquirer or prosecutor from any source of circumstances that may indicate the commission of a criminal offense related to domestic violence. The procedural order for entering information about criminal offenses related to domestic violence into the Unified Register of Pre-trial Investigations and their content, taking into account the criminal procedural regulation of the beginning of a pretrial investigation, organizational aspects of responding to statements and reports about criminal offenses and entering relevant information into the URPI, as well as features of the mechanism of committing illegal acts related to domestic violence are characterized.

Стилі APA, Harvard, Vancouver, ISO та ін.

5

Savichev, Aleksei. "Improvement of legislation on administrative offenses for breach of legislation of the Russian Federation on tourism activity." Административное и муниципальное право, no. 5 (May 2021): 1–8. http://dx.doi.org/10.7256/2454-0595.2021.5.36083.

Повний текст джерела

Анотація:

The object of this research is the content of the Article 14.51 of the Code of the Russian Federation on Administrative Offences, which establishes administrative responsibility for breach of legislation of the Russian Federation on tourism activity. The subject of this research is the case law on administrative offenses set by the Article 14.51, normative legal acts, as well as scientific articles in periodicals. The activity of the Federal Agency for Tourism on identification of administrative offenses set by the Article 14.51 of the Code of the Russian Federation on Administrative Offences is exposed to critical assessment. The author indicates the declarative nature of the legal norms that stipulate the responsibility of tour operators and travel agents, as the terms of sale contracts for tourism product, to provide the tourist and (or) other customer with accurate information on the risks that the tourist may face during their trip, since there is currently no administrative responsibility for failure to provide such information. Based on the acquired results, the recommendations are formulated for the improvement of legislation on administrative offenses for breach of legislation on tourism activity: delegation of authority to initiate cases of administrative offenses set by the Article 14.51 (Paragraphs 1, 3, and 4) of the Code on Administrative Offences of the Russian Federation to the Federal Service for the Oversight of Consumer Protection and Welfare; establish the composition of administrative offenses in the Article 14.51 of the Code of the Russian Federation on Administrative Offences related to improper fulfillment of responsibilities by tour operators and travel agents on providing tourists with the information about risks they may face during their trip.

Стилі APA, Harvard, Vancouver, ISO та ін.

6

Vodoriezova, Susanna. "Some considerations on the application of measures of influence for offenses in the informational field." Law and innovations, no. 3 (31) (October 2, 2020): 52–59. http://dx.doi.org/10.37772/2518-1718-2020-3(31)-8.

Повний текст джерела

Анотація:

Problem setting. The article is devoted to the study of general theoretical issues on the peculiarities of the application of measures of influence for offenses in the informational sphere, identifies the types of liability for offenses in the informational sphere. Target of research. The purpose of this article is to analyze the measures of legal influence for violations of the law in the informational sphere. Analysis of recent researches and publications. Issues related to the study of the peculiarities of the application of measures of influence for offenses in the informational sphere, were the subject of research by such scientists as: V. V. Belevtseva, A. O. Volkova, I. F. Korzh, V. Ya. Nastyuk, G. M. Pisarenko and others. However, given the rapid development of informational relations, existing approaches to their regulation, including relations on the application of measures of influence in the informational sphere, need to be reconsidered and updated. Article’s main body. Considering the category of “measures of influence”, it should be emphasized that measures of legal responsibility are only part of the whole system of measures of influence that can be applied to the offender. It should be emphasized that the measures of legal responsibility for their intended purpose are punishable, ie the purpose of their application is to punish the subject for deviation from the lawful conduct provided by law. At the same time, the purpose of applying measures of influence is not only to punish the offender. Measures of influence can be used to restore the violated rights, to ensure the existing state of legal relations before their commission, the cessation of offenses, etc. In fact, the category of “measures of influence” in its content is broader than “legal liability”. Conclusions and prospects for the development. Тhe intersectoral nature of the current information legislation of Ukraine necessitates further in-depth analysis of measures of influence for offenses in the informational sphere in order to ensure informational security of man, state and society. Specific examples indicate that measures of influence for informational offenses can be divided on the following grounds: a) purpose (security, suspending and punitive); b) values - basic and additional (within a specific coercive measure); c) variability - non-alternative (only a specific measure of influence is envisaged for the relevant offense) and alternative (several coercive measures are envisaged for the commission of a specific offense, the person authorized to apply coercive measures has the opportunity to choose); d) the procedure for application - judicial and extrajudicial.

Стилі APA, Harvard, Vancouver, ISO та ін.

7

Knyzhenko, І. О. "Forensic characteristics of the creation and distribution of content containing child pornography using information and telecommunications systems or technologies." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 227–31. http://dx.doi.org/10.24144/2788-6018.2022.03.41.

Повний текст джерела

Анотація:

The article is devoted to the forensic characteristics of the creation and distribution of content containing child pornography using information and telecommunication systems or technologies. This type of criminal offenses is classified as complex methods. The components of criminal technology are: obtaining access to child pornography, its acquisition, storage, importation, transportation or other movement, production, sale and distribution (Article 301-1 of the Criminal Code of Ukraine); rape (Article 152 of the Criminal Code of Ukraine); committing acts of a sexual nature with a person who has not reached the age of sixteen (Article 155 of the Criminal Code of Ukraine); sexual violence (Article 153 of the Criminal Code of Ukraine); corruption of minors (Article 156 of the Criminal Code of Ukraine); human trafficking (Article 149 of the Criminal Code of Ukraine). Girls aged 9 to 13 were most often involved in the creation of sexual content. Criminals take advantage of the vulnerable state of children, caused by the fact that they have not yet formed sexual identification, hierarchy of motives, moral consciousness and self-awareness. In more than 90% of cases, the investigated crimes were committed with the participation of persons close to the child. Such criminal offenses are committed for sexual and selfish motives. Consumers of pornographic content have a sexual motive. The creation and distribution of content containing child pornography using information and telecommunication systems or technologies is most often committed by organized criminal groups for selfish motives, which have a clear hierarchical structure: the organizer; recruiters; directors; performers; distributors of pornographic content. Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies. The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies. Criminal technologies include two groups of offenses: 1) actions related to violence against a child; 2) actions related to the creation and distribution of pornographic content using information and telecommunication systems or technologies. The peculiarity of the circumstances of the commission of the investigated group of criminal offenses is that the place of sexual violence (that is, the creation of content containing child pornography) has a specific (physical) address, and the distribution of such content is carried out using information and telecommunication systems or technologies.

Стилі APA, Harvard, Vancouver, ISO та ін.

8

Krykun, V. V. "Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 153–63. http://dx.doi.org/10.32631/v.2020.2.15.

Повний текст джерела

Анотація:

The author of the article has stipulates that public relations in the field of labor protection and public health are the generic object of an administrative offense under the Art. 443 of the Code of Ukraine on Administrative Offenses. The legislator has formed a generic object out of two relatively independent parts: 1) public relations on labor protection and 2) public relations on public health. The direct object of an administrative offense under the Art. 433 of the Code of Ukraine on Administrative Offenses can be defined as public relations to protect the population from infectious diseases and ensuring its sanitary and epidemic well-being. The author has established the content of a socially dangerous act, which stipulates administrative liability under the Art. 433 of the Code of Ukraine on Administrative Offenses: 1) violation of the rules provided by the Resolution of the Cabinet of Ministers of Ukraine “On the prevention of the spread of an acute respiratory disease COVID-19 caused by the corona virus SARS-CoV-2 on the territory of Ukraine” dated from March 11, 2020 No. 211; 2) violation of the requirements of regulatory acts (orders, instructions, rules, regulations, etc.) of the Ministry of Health, which establish sanitary-hygienic and sanitary-anti-epidemic rules. The author has established the competition of norms of the Art. 42 of the Code of Ukraine on Administrative Offenses and the Art. 433 of the Code of Ukraine on Administrative Offenses according to the object and socially dangerous act; the author has suggested legislative amendments related to the elimination of the specified collision by the disapplication of the Art. 42 of the Code of Ukraine on Administrative Offenses. In the course of the research of objective features of administrative offenses provided by the Art. 433 of the Code of Ukraine on Administrative Offenses, the author has substantiated the need and has provided propositions for legislative amendments to delimit the powers of the National Police of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Food Safety and Consumer Protection, and local self-government agencies in Ukraine in the sphere of counteracting violations of sequestration rules, sanitary and hygienic, sanitary and anti-epidemic rules and norms.

Стилі APA, Harvard, Vancouver, ISO та ін.

9

Korniiets, P. Yu. "Institutional role of the prosecutor's office in preventing and combating corruption in the National Anti-Corruption Bureau of Ukraine: delimitation of powers and ways to improve the legal framework." Bulletin of Kharkiv National University of Internal Affairs 95, no. 4 (December 24, 2021): 135–45. http://dx.doi.org/10.32631/v.2021.4.11.

Повний текст джерела

Анотація:

The provisions of normative legal acts that determine the prosecutor's office scope of competence, in particular their tasks and functions, have been studied. As a result, it has been found that the current approach to determining the prosecutor's office scope of competence is manifested primarily in the consolidation at the legislative level of the main functions of the prosecutor's office; tasks and functions of the Specialized Anti-Corruption Prosecutor's Office (SAP) are fixed at the departmental level of legal regulation without their delimitation. In order to differentiate the powers of the prosecutor's office to prevent and combat corruption, the National Anti-Corruption Bureau of Ukraine (NABU) clarified the investigation of criminal corruption and corruption-related offenses committed by NABU employees. It has been established that the prosecutor's office, represented by prosecutors, is authorized to prevent corruption in NABU by participating in proceedings on administrative offenses related to corruption committed by NABU employees. As a result of the study, it has been concluded that the prosecutor's office, depending on the content of their tasks and functions, are involved in preventing and combating corruption in NABU in different ways, and the content of such activities is clearly dualistic, namely: on the one hand, the SAP in preventing compliance with the law during operational and investigative activities and pre-trial investigation of criminal offenses NABU can prevent or stop possible corruption by NABU employees; on the other hand, the prosecutor's office, if a corruption criminal offense is committed by a NABU official, must, in particular, ensure compliance with the law on the inevitability of liability for a criminal offense, within the competence to compensate for damages caused by such criminal offenses. The powers of the prosecutor's office to prevent and combat corruption in NABU have been grouped: representative, supervisory, security and law enforcement. In order to ensure the effective functioning of the SAP, in particular on the prevention and combating of corruption in NABU, the author's version of Section 3 of the Regulation on the Specialized Anti-Corruption Prosecutor's Office of the Prosecutor General's Office has been proposed.

Стилі APA, Harvard, Vancouver, ISO та ін.

10

Hanum, Lathifah, Alfath Hanifah Megawati, Cantyo Atindriyo Dannisworo, Bona Sardo Hasoloan Hutahaean, and E. Kristi Poerwandari. "The Content Analysis of Rorschach in Attesting the Sex Offenders." Jurnal Psikologi 48, no. 3 (December 24, 2021): 228. http://dx.doi.org/10.22146/jpsi.66614.

Повний текст джерела

Анотація:

The Rorschach test is one of the psychological tests widely used in various assessment settings, including in studies related to sexual offenses. However, such research is scarce, although the level of sexual violence in Indonesia increases yearly. Sexual violence is often associated with the sexual drives that humans have in themselves. In this case, Rorschach can provide an overview of the individual's drives, ideas, and social relationships. The current study aims to find the personality profiles of sex offenders. Therefore, this study collected Rorschach data from 46 male sex offenders over 11 years in Depok City, Indonesia. Based on content analysis, this study found several prominent characteristics of sex offenders, such as exhibited difficulties in adaptation due to low intellectual capacity, poor emotional regulation, and empathy that other causes difficulty to build strong relationships with others. They also suppress sexual urges, but they were more likely to express it impulsively with low intellectual capacity and emotional regulation. These various personality characteristics possessed by sex offenders will undoubtedly impact the intervention process they go through to gain insight from their experience. The results are expected to be an input for developing interventions for sex offenders not to repeat their actions in the future.

Стилі APA, Harvard, Vancouver, ISO та ін.

11

Worling, James R., and Calvin M. Langton. "Assessment and Treatment of Adolescents Who Sexually Offend." Criminal Justice and Behavior 39, no. 6 (May 10, 2012): 814–41. http://dx.doi.org/10.1177/0093854812439378.

Повний текст джерела

Анотація:

Some adolescents who have committed a sexual crime are placed by the courts in secure residential settings. Given the heterogeneity of this client group, it is important for clinicians in these settings to complete comprehensive assessments to determine the course and content of specialized treatment, if necessary. With a focus on residential care, suggestions are provided for the assessment of strengths, risks, and needs. Particular attention is paid to issues related to informed consent, interviewing, and risk assessment. Also reviewed are various treatment issues with implications in secure settings, including the delivery of therapeutic services, use of manuals, therapeutic relationships and context, and self-care for providers. The growing evidence base for cognitive-behavioral treatment for adolescents who have sexually offended is outlined, and common treatment goals for youth who have offended sexually are critically examined. With an emphasis on treatment tailored to the unique needs of each adolescent, suggestions are offered regarding goals such as increasing accountability, recovery from posttraumatic distress, developing offense-prevention strategies, and enhancing awareness of victim impact, prosocial sexual attitudes, and healthy sexual interests. Additional issues that are considered with implications for clinicians working in secure settings include sibling sexual abuse and offenses involving child abuse imagery.

Стилі APA, Harvard, Vancouver, ISO та ін.

12

Romanova, N. L., and A. D. Dashieva. "The problems of distinguishing administrative offenses and crimes relevant to the high-alert regime." Siberian Law Herald 4 (2021): 47–51. http://dx.doi.org/10.26516/2071-8136.2021.4.47.

Повний текст джерела

Анотація:

The article is devoted to the current issues of regulating administrative responsibility for offenses related to the global challenge of our time: the COVID-19 pandemic. The authors investigate the problems of administrative offenses qualification. In particular, the article describes the problem of distinguishing between offenses and crimes that are similar in their objective aspect, based on possible errors of legislative regulation. The existing practice of applying the analyzed articles of legislation has been studied. Difficulties and ambiguities in the qualification of offenses have been noted. In practice, solutions to the problems of qualification are noted in distinguishing between administrative offenses as well as delimiting offenses from crimes. Distinguishing of that kind is important due to blurred borders in concepts of socially dangerous acts and offenses, based not on the interpretation of the dispositions of norms content, but on the amount of sanctions or signs of the subject. It is concluded that it is necessary to apply a systemic approach in law when securing norms that are similar in their objective aspect in related branches of law. In this regard, recommendations are given for optimizing legal regulation in this area.

Стилі APA, Harvard, Vancouver, ISO та ін.

13

Horbunova, K. V. "Criminal law signs of illegal hunting as an element of criminological characteristics." Bulletin of Kharkiv National University of Internal Affairs 98, no. 3 (September 28, 2022): 152–59. http://dx.doi.org/10.32631/v.2022.4.14.

Повний текст джерела

Анотація:

The criminal law signs of illegal hunting, where the subject is the infliction of significant damage, which is the result of illegal hunting in nature reserves or other territories and objects of the nature reserve fund, hunting of animals, birds or other species of animals listed in the Red List books of Ukraine, the content of the violation of hunting rules, the forms of such violation, the social danger of illegal hunting, which is manifested in the uncontrolled and arbitrary extraction of animals, which destroys the balance in the general ecosystem of the natural environment have been studied. The purpose of the study is to characterize and identify the normatively defined forms of the objective side of illegal hunting, their analysis and generalization, the characteristics of qualified types of illegal hunting, the implementation of criminological characteristics of this type of criminal offenses and the analysis of their determinative complex. The methods of the conducted research were chosen in view of its purpose and tasks and taking into account the features of the object and subject. The study is based on the dialectical method of cognition, which allowed to form an idea about the crime-forming features of this offense in their development and their relationship with other features of the offense, related categories and phenomena. The method of structural and systemic analysis made it possible to determine the place of norms on the procedure for hunting and its violation in the system of norms of the Criminal Code of Ukraine and norms defining the elements of such a procedure in the Law of Ukraine “On Hunting grounds and Hunting” dated February 22, 2000 No. 1478-III. The use of the dogmatic method made it possible to determine the existing approaches to determining the content and essence of hunting as a form of human activity, the formal-logical method – to determine the places of various (mandatory and optional) signs of a criminally illegal act in the system of elements of the legal composition of illegal hunting (Article 248 of the Criminal Code of Ukraine) and the content of separate categories, which define the forms of special use of the animal world by harvesting hunting animals. The novelty of the research is the identification and formal definition of the crime-forming features of the objective side of the composition of the criminal offense of illegal hunting. The result of the study is that when investigating criminal offenses of this category, separate and special attention should be paid to optional features, such as the place, time of commission of the criminal offense, method, tools and means of its commission. Determining the optional features of criminal offenses of the specified category makes it possible to correctly distinguish the elements of crimes and distinguish them from the elements of other criminal offenses in practice.

Стилі APA, Harvard, Vancouver, ISO та ін.

14

Nazarko, Artem. "CUSTOMS BROKER`S RESPONSIBILITY FOR COMMITTING OFFENSES RELATED TO BROKERAGE ACTIVITIES." ГРААЛЬ НАУКИ, no. 11 (January 17, 2022): 68–71. http://dx.doi.org/10.36074/grail-of-science.24.12.2021.010.

Повний текст джерела

Анотація:

The article reveals the content and essence of the concept of a customs broker and the conflict in bringing him to justice in accordance with the customs legislation of Ukraine. The article establishes which actions of the customs broker are qualified by the Customs Code of Ukraine as a violation of customs rules. The author investigates the main problematic aspects that arise in the process of administrative cases, a party to which is a customs broker. The author concludes that solving the problematic aspects of bringing a customs broker to justice in today's conditions is possible provided the unification of court decisions and the development of a unified approach to the application of customs legislation in terms of qualifying an administrative offense committed by a customs broker.

Стилі APA, Harvard, Vancouver, ISO та ін.

15

Battaglia, Anthony Michael, and Mini Mamak. "Female sexual offenders and judicial decision-making." International Journal of Risk and Recovery 3, no. 2 (December 31, 2020): 6–15. http://dx.doi.org/10.15173/ijrr.v3i2.4123.

Повний текст джерела

Анотація:

Background: Research examining female sexual offending is limited, and the profile of this unique offender group is not well understood. Female sexual offending has largely been identified as a rare occurrence, typically perpetrated in the context of an unhealthy relationship with a paraphilic male counterpart. Given recent changes in law and minimum sentences for sexual offences—particularly in relation to child pornography and child luring offences—it remains unknown how this has impacted sentencing of female offenders charged with sexual offences. Objectives: The goal of this study is to better understand female offenders convicted of sexual offences and their offence characteristics. Additionally, it seeks to identify patterns in judges’ decision-making with respect to aggravating and mitigating factors that impact sentencing decisions.Methods: A sample of 26 judges’ sentencing decisions between 2000 and 2017 were obtained to investigate the Canadian female sexual offender (FSO) as she enters the justice system. Results: In the study sample, high rates of psychopathology and childhood trauma were important features of this offender group. Offences tended to occur over extended periods, with a male co-offender, and with a young victim that was well known to the offender. Aggravating factors related to the vulnerability of the victim, abuse of power, and lack of insight. Mitigating factors related to accepting responsibility and a desire for self-change. Offenders were generally sentenced for two to five years, with ancillary orders intended to track and restrict further offending, rather than foster rehabilitation. Discussion: Gaining a better understanding of Canadian FSO population is the first step toward improving rehabilitation and prevention.

Стилі APA, Harvard, Vancouver, ISO та ін.

16

Machuska, I. B. "Administrative responsibility for offenses in the field of subsoil use: theoretical and legal aspect." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 188–92. http://dx.doi.org/10.24144/2788-6018.2022.01.35.

Повний текст джерела

Анотація:

The article is devoted to the study of theoretical problems related to the application of measures of administrative liability for offenses in the field of subsoil use. In the article the author emphasizes that in the field of subsoil use there is a significant range of problems, one of which is the unauthorized extraction of minerals, which causes irreparable damage to the environment. The author analyzes a significant range of offenses related to the illegal extraction of minerals (coal, amber) in Donetsk, Luhansk and Rivne regions. It is noted that ensuring legality in the field of subsoil use requires ensuring an effective mechanism of state coercion with the application of administrative liability for the rational use of subsoil. It is established that relations in the field of subsoil use are complex, both from the standpoint of legal content and from the standpoint of their role and place in the system of public relations, which necessitates a particularly balanced state policy in the field of subsoil protection and management. In the article the author emphasizes that the institute of administrative responsibility plays a special role in the state regulation of protection of relations in the field of subsoil use and is one of the effective means used for violations of subsoil legislation. It is noted that the institute of administrative responsibility in the field of subsoil use has significant shortcomings, both in terms of building the rules and in terms of the content of sanctions. It is proved that the content of the relevant articles of the Code of Ukraine on Administrative Offenses does not contain all the necessary provisions on administrative liability for offenses in the field of subsoil use, namely: illegal mining and subsoil protection measures.

Стилі APA, Harvard, Vancouver, ISO та ін.

17

Artemova, Ekaterina, Aleksandr Maksimenko, and Dmitriy Ohrimenko. "Application of machine learning methods in the classification of corruption related content in Russian-speaking and English-speaking Internet media." Sociology: methodology, methods, mathematical modeling (Sociology: 4M) 27, no. 52 (March 19, 2022): 131–57. http://dx.doi.org/10.19181/4m.2021.52.5.

Повний текст джерела

Анотація:

The paper attempts to classify the corruption-related media content of Russian-language and English-language Internet media using machine learning methods. The methodological approach proposed in the article is very relevant and promising, since, according to our earlier data, corruption monitoring mechanisms used in foreign publications based on the use of advanced information technologies have rather limited potential effectiveness and are not always adequately interpreted. The study shows the principles and grounds for identifying identification parameters, and also describes in detail the layout scheme of the collected news array. In the course of automatic text processing, which took place in 2 stages (vectorization of the text and the use of a learning model), it was possible to solve the main 4 tasks: highlighting a significant quote from a news article to identify a text on corruption topics, predicting the type of news message, predicting a relevant article of the Criminal Code of the Russian Federation, which is used to determine responsibility for the described corruption offense, as well as predicting the type of relationship in corruption offenses. The results obtained showed that modern methods of automatic text processing successfully cope with the tasks of identification and classification of corruption-related content in both Russian and English.

Стилі APA, Harvard, Vancouver, ISO та ін.

18

Fomenko, Andriy. "Concepts and Features of Criminological Activity of the National Police of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (December 29, 2020): 8–15. http://dx.doi.org/10.31733/2078-3566-2020-4-8-15.

Повний текст джерела

Анотація:

The author has defined the concept of criminological activity of the National Police as a type of policing, which is a set of lawful actions of police officers who have knowledge and skills of their application in law in general, and criminology in particular, carried out by legal means and methods using current criminological technologies in education, scientific and practical forms in order to combat criminal offenses, as well as related negative phenomena for society, elimination of determinants of criminal offenses, identification of criminal offenses and crimes, victims of criminal offenses, identification of persons in need of special protection by the state and / or rehabilitation. In accordance with the characteristics of such activities should include: 1) is a type of police law enforcement activity, characterized by standardization, system, organization and professionalism; 2) is a set ofactive actions of authorized entities (officials and officials of police bodies) who have knowledge and skillsin the field of law and special criminological knowledge; 3) is carried out by legal means and methods allowed by the legislation with use of actual criminological technologies (methods), and also scientific methods of knowledge; 4) possible forms of such activity are educational, scientific and practical, while scientific criminological activity performs a supporting function in relation to this kind of practical activity; 5) in its intellectual content can be organizational (managerial), cognitive-search, communicative; 6) its general purpose is to counteract criminal offenses (their detection, cessation, prevention, prevention), as well as related negative phenomena for society (abuse of rights, etc.), elimination of determinants of criminal offenses, identification of criminal offenses and crime, victims of criminal offenses, identification of persons in need of special protection by the state and / or rehabilitation; 7) each of the forms of such activity within the defined purpose, aimed at solving a separate task, namely: a) criminological educational activity – training of specialists with special criminological knowledge and skills; b) criminological scientific activity – the search for ways to solve current theoretical and applied criminological problems; c) criminological practical activity – reduction of the number of committed criminal offenses, elimination of their causes and conditions, taking appropriate measures against persons who are prone to committing offenses or have already committed them, as well as with regard to potential and actual victims; 8) may be carried out as an independent type of police activity, and in parallel with its other types, for example in the implementation of operational and investigative or criminal procedure activities

Стилі APA, Harvard, Vancouver, ISO та ін.

19

Komarnytska, I. "Administrative law in the prevention of offenses in the tax field." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 263–67. http://dx.doi.org/10.24144/2788-6018.2022.05.48.

Повний текст джерела

Анотація:

Offenses in the tax field, which is one of the most important torts of a financial nature, to counter which the state directs effective countermeasures. The main place in the system of financial support for the functioning of the state is given to tax legal relations, which mediate the movement of funds for the implementation of state tasks in order to satisfy general public interests. Today, most spheres of public life are financed at the expense of state resources, received mainly from taxpayers in the form of taxes and fees. Understanding the content of the wording "tax sphere" becomes possible as a result of the analysis of the definition of the sphere of legal influence of the Tax Code of Ukraine, which regulates relations related to the payment of taxes, fees, and their administration, determines the peculiarities of the legal status of taxpayers and fees, their legal opportunities, in particular rights, duties, competence of subjects of tax administration, fees, control bodies, regulates the procedure of responsibility for violation of tax legislation. Therefore, when we talk about the prevention of offenses in the tax sphere, we mean offenses related to the collection and administration of the payment of taxes and fees, violation of the procedure for the implementation of the rights of taxpayers and fees, rights, duties, competences of control bodies and subjects of the administration of taxes and fees, other violation of tax legislation. In the Tax Code of Ukraine, the legislator outlined the content of tax offenses, which should be understood as illegal actions committed by taxpayers, tax agents, their officials and officials of control bodies, which lead to non-fulfillment or improper fulfillment of the requirements of tax legislation, the control of which is entrusted to regulatory authorities. At the same time, the possibility of applying financial, administrative and criminal liability for tax offenses is determined. Preventive and preventive influence is achieved by guaranteeing a balance between the legal possibilities and interests of taxpayers and the stability of the budget system, the competence of tax and other control bodies, and the possibility of satisfying the interests of the state and society in general. This is an important key to the functioning of the fiscal system. It is this balance that determines the content of restrictions on taxpayers in order to guarantee the state's performance of its main functions.

Стилі APA, Harvard, Vancouver, ISO та ін.

20

Ishchenko, I. V. "Preventive activity of the National Police on juvenile prevention." Bulletin of Kharkiv National University of Internal Affairs 98, no. 3 (September 28, 2022): 121–32. http://dx.doi.org/10.32631/v.2022.3.11.

Повний текст джерела

Анотація:

On the basis of the norms of administrative law and current legislation analysis, the preventive activities of the National Police on juvenile prevention were investigated. Consideration of the specified problems within the scope of the article allows to expand the traditional approach to juvenile prevention, not only to connect the issue of prevention of offenses with the prevention of criminal offenses among children, but also to develop measures aimed at preventing administrative offenses committed by this category of persons, as well as the implementation of activities, related to the protection of children’s rights. For this purpose, the role of the National Police units for juvenile prevention in the prevention and counteraction of criminal and administrative offenses through the prism of the main tasks that rely on the latter was clarified and disclosed, and measures aimed at improving preventive and prophylactic work to ensure the rights and legitimate interests of children were also highlighted. It has been found that in the context of the formation of the National Police and the creation of a body aimed at providing high-quality police services to the population, juvenile prevention units direct their efforts to ensure and protect the rights of children. It has been proven that the preventive activity of the National Police on juvenile prevention is regulated by the norms of administrative law, the activity of juvenile prevention units, the content of which is preventive and prophylactic work to ensure the rights and legitimate interests of children, prevent children from committing criminal and administrative offenses, identify the causes and conditions that this is facilitated by taking measures to eliminate them, as well as implementing the norms of current legislation in terms of preventing and countering domestic violence committed by and in relation to children, preventing child neglect and carrying out pre-trial investigation of criminal offenses in the form of an inquiry within the scope of competence.

Стилі APA, Harvard, Vancouver, ISO та ін.

21

Tarasenko, O. S. "CRIMINAL CHARACTERISTICS OF WAYS OF COMMITTING CRIMINAL OFFENSES RELATED TO THE CIRCULATION OF ILLEGAL CONTENT ON THE INTERNET." Juridical scientific and electronic journal, no. 4 (2022): 275–79. http://dx.doi.org/10.32782/2524-0374/2022-4/65.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

22

Shevchenko, T. V. "Peculiarities of qualification of criminal offenses provided for in Section XVI of the Criminal Code of Ukraine committed in complicity." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 264–68. http://dx.doi.org/10.24144/2788-6018.2022.02.49.

Повний текст джерела

Анотація:

The article is devoted to the peculiarities of the qualification of criminal offenses under Articles 361-363-1 of the Criminal Code of Ukraine, committed in complicity by a group of persons. Today it is impossible to imagine a civilized society without digital technologies. However, it is important to remember that crime is also constantly changing and transforming with the development of technology, new types of criminal offenses are emerging, including those committed in cyberspace and with the use of information technology and computer information. Issues related to the fight against "cybercrime" are very acute for law enforcement officers around the world, on a par with such high-profile crimes as terrorism, human trafficking, drug trafficking and others. Thus, in March 20221 at the XIV UN Congress on Crime Prevention and Criminal Justice, attention was paid to the manifestation of new forms of crime, the Parties agreed to develop cooperation in the fight against cybercrime. Counteracting crime involves eliminating determinants of a particular type. According to the content of the causes and conditions of committing "criminal offenses in the field of computer information" are legal, so improving criminal law is one way to reduce their level. In recent years, the level of criminal offenses in the field of computer information has increased significantly. One of such problematic issues is the peculiarities of the qualification of criminal offenses committed in complicity. Attention is paid to the definition of complicity by prior conspiracy of a group of persons and the characteristics of qualifications. The specifics of complicity of a group of persons in committing criminal offenses in the field of computer information are such that contacts of subjects are not personal (physical), but through information networks (virtual) and establishing the fact of complicity before criminal illegal activities of such persons and their documentation is an extremely important issue. The issues of complex forms of complicity are also considered: organized group and criminal organization. Based on the results of this work, conclusions and prospects for further research in this direction were made.

Стилі APA, Harvard, Vancouver, ISO та ін.

23

Narozhna, O. V. "CONDUCTING AN EXAMINATION OF MUSIC LITERATURE IN THE INVESTIGATION OF OFFENSES RELATED TO ASSAULT ON CULTURAL VALUES." Constitutional State, no. 44 (December 23, 2021): 119–24. http://dx.doi.org/10.18524/2411-2054.2021.44.245086.

Повний текст джерела

Анотація:

The article discusses the issues arising in the investigation of criminal offenses on the example of illegal search work at an archaeological heritage site, destruction, destruction or damage to cultural heritage sites. Conducting certain types of examinations is disclosed as the activity of experts who possess knowledge of certain branches of science. The issues of carrying out a comprehensive forensic technical examination of documents and art criticism are highlighted. The main methods used by experts of the above types of expertise have been determined. It was emphasized that the most promising and expedient procedure for carrying out a comprehensive examination of music literature is to first conduct a technical examination of documents, which will allow restoring the lost fragments of both the material and the text of a musical work, taking into account the methods that will then be used by an art expert. Activities for pre-trial investigation of crimes that encroach on cultural heritage, cultural values, where the objects of examination are music literature, in particular, is a complex multifaceted and multifaceted process to perform the tasks of criminal justice. The specific nature of the investigation of these criminal offenses makes the issue of organizing examinations quite relevant. The multifaceted investigation of these offenses is reflected in its organization, in particular through the use of special art knowledge in procedural and non-procedural forms. The practical purpose of the organization is to determine the optimal direction and content of the investigation, optimize its purpose, forces and means necessary to achieve it, the correct placement of forces and the creation of appropriate conditions. The growing needs of modern society in the use of knowledge in the field of art history does not bypass the field of justice. Understanding the importance of special knowledge for establishing factual data gives grounds to consider forensic science as an independent institution for the protection of the rights and legitimate interests of citizens, legal entities and the interests of the state as a whole.

Стилі APA, Harvard, Vancouver, ISO та ін.

24

Lysenko, A. N., V. V. Shendryk, K. O. Cherevko, O. M. Drozdov, and V. H. Piadyshev. "Scrap metal procurement and operations with it: today’s criminal situation." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 4 (2021): 145–49. http://dx.doi.org/10.33271/nvngu/2021-4/145.

Повний текст джерела

Анотація:

Purpose. Based on the analysis of official statistics available from the Prosecutor Generals Office of Ukraine on recorded criminal offenses provided for by Art. 213 of the Criminal Code of Ukraine, to determine the practical experience of combating crime in the field of economic activities and issue-specific literature on incidence of the criminal offenses under study up to date, trends of their discovery, and causes and conditions which are conducive to such crimes. Methodology. A system of general scientific and special methods which enabled an objective analysis of the issue under study, in particular, sociological, comparative legal, statistical analysis, logical normative, formal logical and content analysis of documents. Findings. The findings are presented as calculated data of quantitative indicators of the dynamics in the discovery of the criminal offenses under Art. 213 of the Criminal Code of Ukraine in the period of 20142020, and also as a list of the main determinants of these offenses and the criminal situation related thereto. Originality. The article proposes a number of new scientific provisions and proposals, namely, establishes the current criminal situation in the field of scrap metal procurement and operations with it in Ukraine, determines the trends of changes in it, and the major causes and conditions conducive to the criminal offenses under Art. 213 of the Criminal Code of Ukraine. Practical value. The scientific provisions formulated and presented in this article contain specific data which are important in the general theoretical as well as in the practical sense, and also provide the ground for increasing the efficiency of law enforcement and may be used to organize the detection and investigation of violations in the procedure of scrap metal procurement and operations with it.

Стилі APA, Harvard, Vancouver, ISO та ін.

25

Fedik, Elena N., and Alexey D. Shcherbakov. "Issues of Legislation and Practice of Criminal Liability for Hooliganism." Rossijskoe pravosudie, no. 3 (February 24, 2022): 82–88. http://dx.doi.org/10.37399/issn2072-909x.2022.3.82-88.

Повний текст джерела

Анотація:

The legislator has repeatedly changed his attitude to the content of the composition, provided for by Article 213 of the Criminal Code of the Russian Federation, hooliganism. The authors examines how the characteristics of hooliganism have changed in comparison with the Criminal Code of the RSFSR, what innovations the legislator introduced into the main corpus delicti in terms of the use of violence, and how this affected law enforcement practice. Also touched upon certain aspects of limiting hooliganism from related offenses.

Стилі APA, Harvard, Vancouver, ISO та ін.

26

Leclerc, Benoit, and Marie Rosenkrantz Lindegaard. "The Emotional Experience behind Sexually Offending in Context." Journal of Research in Crime and Delinquency 55, no. 2 (November 26, 2017): 242–77. http://dx.doi.org/10.1177/0022427817743783.

Повний текст джерела

Анотація:

Objectives: The current study focused on the role of affective states in adult sexual offending. We look at the prevalence of a range of affective states throughout sexual crime events. We break down the crime event into three stages—immediately before, during, and after the offense. We examine transitions of affective states—stage by stage—but also across victims. Finally, we investigate the impact of situational factors on affective states. Method: The sample consisted of a total of 553 adult males who had been convicted of a sexual offense. Self-report data on sexual crime events were collected from these offenders. Apart from descriptive and bivariate analysis, “affective state-switching patterns” are investigated through transition matrices. Results: Findings show large variations in affective states before, during, and after the offense but show little variation across victims. Alcohol usage and offender–victim relationship were related to affective states of offenders. Conclusions: We conclude that the found association between affective states and decision-making of sexual offenders calls for more research on within crime event variations especially, and future research should focus on causal mechanisms related to affective states.

Стилі APA, Harvard, Vancouver, ISO та ін.

27

Tarasenko, O. S. "CHARACTERISTICS OF PERSONS AND CRIMINAL GROUPS COMMITTING CRIMINAL OFFENSES RELATED WITH THE CIRCULATION OF ILLEGAL CONTENT ON THE INTERNET." Actual problems of native jurisprudence, no. 1 (2022): 206–13. http://dx.doi.org/10.32782/392266.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

28

TARASENKO, O. S. "MEANS OF SEARCH DURING THE DETECTION OF CRIMINAL OFFENSES RELATED TO THE CIRCULATION OF ILLEGAL CONTENT ON THE INTERNET." Scientific Journal of Public and Private Law, no. 3 (2022): 275–80. http://dx.doi.org/10.32844/2618-1258.2022.3.48.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

29

Moshnyaga, L., and L. Yermolenko-Knyazeva. "Safety of civil aviation as an object of criminal law regulation." Analytical and Comparative Jurisprudence, no. 6 (February 18, 2023): 274–81. http://dx.doi.org/10.24144/2788-6018.2022.06.49.

Повний текст джерела

Анотація:

The article examines the problems of criminal regulation of civil aviation security. A systematic analysis of the current Criminal Code of Ukraine has been studied and conducted, which allows to identify the independent subsystem of criminal law protection of aviation security from acts of illegal interference in the activities of civil aviation. A systematic analysis of the norms of the current Criminal Code shows that this normative act does not provide for a single section that defines a specific list of criminal offenses that encroach on aviation security. Criminal liability for acts of unlawful interference with the activities of civil aviation is provided by articles located in various sections of the Special Part of the Criminal Code. However, this does not mean that aviation security is deprived of criminal law. It is generally accepted that the basis for combining criminal offenses into sections of the Special Part of the Criminal Code is the generic object of a criminal offense. In the science of criminal law, different approaches have been developed to the classification of the object of a criminal offense (crime). In most scientific sources on object issues, object classification includes: general, generic (group) and direct objects ( primary and additional ). As you know, the main direct object of a criminal offense, as part of a family object, determines the introduction of a criminal offense in one or another section of the Criminal Code. Yes, according to the interpretative dictionary, security – is a condition where someone or something is not threatened or disturbed. The ontological aspect of this concept defines «security» as a certain quality of human existence, which determines the purpose and outcome of human activities to protect against threatening factors, events and phenomena. The Constitution of Ukraine distinguishes three main types of security: « citizen security», «public safety», « state security». Because safety has many types ( aviation, production, domestic, public, demographic, economic, environmental, social, national, fire, radiation, traffic, man-made, transport, financial, food, nuclear, etc.), the concept of «security» in each field of knowledge is interpreted differently. But, in general, understanding the content of the category «security» includes the absence of danger and the existence of a state of protection of vital interests of the individual, society, the state from internal and external threats. The study of the normative characteristics of acts of unlawful interference suggests that they include socially dangerous, illegal acts related to encroachment on the normal activities of civil aviation and aviation facilities, defined by the norms of international and national legislation as acts of unlawful interference with the activities of civil aviation. Thus, aviation security, as the object of criminal offenses, is the normal activity of civil aviation and aviation objects, the absence of danger and the existence of a state of protection of vital interests of the individual, society, state ( life, health, public safety, property, etc. ) from acts of unlawful interference with civil aviation.

Стилі APA, Harvard, Vancouver, ISO та ін.

30

Danylchenko, P. Yu. "Criminological analysis of criminal radicalism state among convicts in penal institutions." Law and Safety 87, no. 4 (December 21, 2022): 145–58. http://dx.doi.org/10.32631/pb.2022.4.12.

Повний текст джерела

Анотація:

The article is devoted to the study of the criminal radicalism state among prisoners in penal institutions. The purpose of the article is to formulate a theoretical model of the criminal radicalism state among prisoners in penal institutions. It has been found that criminal radicalism is a manifestation of radical, violent influence on the components of the punishment environment, prohibited by the law on criminal liability, with the aim of fundamentally changing them. Criminal radicalism among convicts is represented by a block structure, which provides for unequal criminal law content and limits of relevant antisocial practices. Endogenous and exogenous criminal radicalism in penal institutions has been identified and characterized. The annual level of endogenous criminal radicalism among convicts in penal institutions is 32 crimes, 87.5 % of which are criminal offenses provided for in Art. 255-1 of the Criminal Code of Ukraine, 9.4 % are intentional murders, 3.1 % are intentional grievous bodily harm. In the structure of general crime among prisoners (annual averaged indicator), the share of endogenous criminal radicalism is about 6 %. In 2021, the level of exogenous criminal radicalism amounted to 143 criminal offenses, which is 27.7 % of the total crime in penitentiary institutions. The average annual value of the relevant indicators in 2016–2021 was 134 criminal offenses, and the average share in the structure of crime in penal institutions was 29.5 %. The aggregate indicators of exogenous and endogenous criminal radicalism, i.e. criminal radicalism among prisoners in general, show the following picture: the average annual level is 142 criminal offenses, the share in the structure of crime among prisoners is 29 %, but without taking into account the latency factor. Taking into account the latent part of crime in penitentiary institutions, especially drug-related crimes, violent sex crimes, criminal offenses against health and property, the real share of criminal radicalism among prisoners is about 10 %. There is a tendency for positive growth.

Стилі APA, Harvard, Vancouver, ISO та ін.

31

Popko, V. V., and E. V. Popko. "International legal regulation of transnational cybercrime in cyberspace." Uzhhorod National University Herald. Series: Law 66 (November 29, 2021): 276–83. http://dx.doi.org/10.24144/2307-3322.2021.66.46.

Повний текст джерела

Анотація:

The article considers the international legal regulation of combating cybercrime, which is considered as a transnational phenomenon. In the group of transnational crimes, along with drug trafficking, terrorist acts, money laundering, illegal import of migrants, human trafficking, firearms trafficking, counterfeiting, etc., cybercrimes play an important role in terms of public harm, unprecedented and rapid growth. The mechanisms and directions of the fight against cybercrime developed by international criminal law are studied, among which the international legal regulation is of fundamental importance, and difficulties in defining the concepts of "cybercrime" and "computer crimes" are noted. The classification of types of cybercrimes is given and their most characteristic features are revealed. The author analyzes the international normative documents that form the legal basis for regulating relations in the field of international cybercrime, among which the most prominent are conventions, including the UN Convention against Transnational Organized Crime of November 15, 2000, the Council of Europe Convention on Cybercrime of November 23, 2001 and Additional Protocol to it of January 28, 2003. The obligations of states to criminalize cybercrime in national legislation are analyzed, the types of illegal actions related to cybercrime are considered, in particular the main four groups of crimes classified in the 2001 Cybercrime Convention by Gender object and on specific grounds of the object of encroachment: 1) crimes against confidentiality, integrity and availability of computer data and systems; 2) offenses related to the use of computer tools; 3) offenses related to the content of data; 4) offenses related to infringement of copyright and compatible rights, as well as additional types of liability and sanctions (attempt, complicity). The Protocol to the 2003 Cybercrime Convention expands this range of crimes and contains obligations to criminalize the following acts: distribution of racist and xenophobic material through computer systems. The limitation of the 2001 Convention on Cybercrime, adopted by the Council of Europe, and the need to adopt a universal instrument that would significantly increase the fight against cybercrime are noted.

Стилі APA, Harvard, Vancouver, ISO та ін.

32

Haji Hirmond, Ummi Amnah, and Hj Abdurrahman Raden Aji Haqqi. "DRINKING LIQUOR CRIME IN BRUNEI DARUSSALAM: LEGAL ANALYSIS ON LIQUOR INTERPRETATION AND STANDARD LIMIT OF ALCOHOL CONTENT." International Journal of Law, Government and Communication 5, no. 21 (December 31, 2020): 298–315. http://dx.doi.org/10.35631//ijlgc.5210025.

Повний текст джерела

Анотація:

The enforcement of the Syariah Penal Code Order, 2013 brought major changes in the criminal law of drinking liquor in Brunei Darussalam with the increase in provisions related to it together with increased rates of fine and additional whipping. The absence of interpretation in relation to the provisions of drinking liquor in the Syariah Penal Code Order, 2013 opens up space to various interpretations and assumptions in regard to the element within the proof of offence. The objective of the study is to analyse the provisions of drinking liquor offenses and related thereto, thus showing the current development of the shariah criminal law and the extent to which its implementation has therefore clarified the need for a more specific and clear definition. The methodology used is a legal study with a qualitative approach. Data were obtained from documentation materials through library-based methods, statute content analysis, journals, articles, case reports, research on investigation papers, and interview methods. The findings showed a difference in liquor interpretation among the scholars of the sects and not explicitly interpreted in shariah criminal law in comparison to the civil criminal law which gives interpretations with a different standard limit of alcohol content. The lack of interpretation of drinking liquor and the difference in the standard limit of alcohol content in the legislation may cause confusion among the practitioners and in determining the element of proof of the crime, thus possibly affecting the proof of the case. The loopholes found in the law need to be given appropriate attention and amendments so that the implementation of this criminal law is more effective. With specific improvement and explanation, the enactment and enforcement of this law are not wasted in responding to the religious demands and government aspirations to combat the crime.

Стилі APA, Harvard, Vancouver, ISO та ін.

33

Rachmaji, Achmad Syarif. "Archive Roles in Local Leaders Election: A Case Study of Election Offences." Khizanah al-Hikmah : Jurnal Ilmu Perpustakaan, Informasi, dan Kearsipan 10, no. 1 (May 28, 2022): 93–102. http://dx.doi.org/10.24252/kah.v10i1a9.

Повний текст джерела

Анотація:

In 2020, the Simultaneous General Elections were held in many parts of Indonesia even during the Covid-19 outbreak. However, election offenses still occurred and even resulted in a new offense, which was the health protocols offense. The election offense records can be used as an indicator of democracy quality, besides its other roles. This paper will describe the role of archives related to election offenses. The study found that during the simultaneous election, the majority of offenses that occurred were administrative, code of ethics, criminal, and health protocols. The election offenses documents, in the archive context, become an important archive that is part of the election archive and can be grouped into types of election offenses archives, namely: health protocol offense archives, administrative offense archives, code of ethics offense archives, and criminal offenses archives. In addition, the archives can also be useful in the context of compiling infographic materials, comparison data, election policy, and mapping materials for better elections.

Стилі APA, Harvard, Vancouver, ISO та ін.

34

Gontarenko, V. P. "Interrogation of a minor victim during the investigation of criminal offenses related to domestic violence." Bulletin of Kharkiv National University of Internal Affairs 98, no. 3 (September 28, 2022): 184–93. http://dx.doi.org/10.32631/v.2022.3.17.

Повний текст джерела

Анотація:

The scientific article is devoted to certain aspects directly related to the procedural regulation of the interrogation of minors during the pre-trial investigation of criminal proceedings related to domestic violence. An analysis of international legal acts containing relevant standards in the researched field, provisions of the current criminal procedural legislation of Ukraine, as well as scientific works, whose authors worked on the outlined issue, has been carried out. This is due to the fact that sometimes in such proceedings the only source of evidence is the testimony of minor victims. In such cases, the process of obtaining and evaluating evidence is determined by age, individual psychological and many other characteristics of the interrogated. In criminal proceedings related to domestic violence, issues related to the place of interrogation of a minor and ways of recording it are quite relevant. On the basis of the conducted research, it has been substantiated that the interrogation of a minor should be carried out in a room: a) where the environment will be friendly for him or her; b) which is equipped with means for audio and video recording. Such statements are fully consistent with the “green room” method. Taking into account the above, it is proposed to make changes to the provisions provided for in Part 1 of Art. 226 of the CCP of Ukraine. In addition, attention has been drawn to the change in the philosophy of obtaining testimony from a minor regarding the circumstances of a committed criminal offense from interrogation to procedural interview. Interrogation of a minor must be carried out by an investigator according to the rules provided by the Code of Criminal Procedure of Ukraine. However, before the interrogation, the investigator must: select a suitable specialist psychologist; give them the opportunity to get acquainted with the materials of the criminal proceedings, taking into account the meeting with the minor; based on the circumstances to be proven, agree with the specialist on the content and form of the questions necessary for clarification. Taking into account the above, it has been concluded that it is considered necessary in the provisions of the current legislation to provide for this a specially authorized person - a juvenile investigator.

Стилі APA, Harvard, Vancouver, ISO та ін.

35

Tajul Urus, Nur Sarah, and Alias Azhar. "IMPLICATIONS OF MATRIMONIAL OFFENCES TOWARDS THE FAMILY INSTITUTION IN THE ERA OF GLOBALISATION." International Journal of Law, Government and Communication 5, no. 20 (September 15, 2020): 57–68. http://dx.doi.org/10.35631/ijlgc.520003.

Повний текст джерела

Анотація:

This paper debates the implications of matrimonial offenses on the family institution. The offence of pronouncing talaq (divorce utterance) outside the court is chosen instead of the other two matrimonial offences, which are underage marriage and polygamy without consent. The choice is due to the practice of pronouncing talaq outside the court being an infringement of the existing legal procedure. This issue is raised when the divorce application procedure, which requires talaq to be pronounced in court, continues to be questioned by religious groups and society who are skeptical of the Islamic family law currently in force in the country. The objectives of this article are first, to identify the legal provisions related to divorce application procedure according to its application in Malaysia as well as the role of the Advisory Unit under the Administration of Family Law Division, Kelantan Islamic Affairs Department at Lundang, Kota Bharu, Kelantan. Second, this paper aims to analyse the implications that can be expected if talaq is not pronounced in court and the catalyst for the occurrence of this phenomenon. Third, the paper suggests that religious groups and society be more open in the era of globalisation by considering the maslahah and public interest in general. This study used qualitative data that were gathered through document analysis and interviews. Data analysis was performed by adopting a descriptive approach using content analysis. The finding of the study showed the existence of global impacts on the family institution arising from the offence of pronouncing talaq outside the court. Thus, it is hoped that religious groups and legal experts can work together to create elements of innovation and reduce misunderstandings between the shariah law and legislation that is in force. Awareness and empowerment of law compliance should be implemented collectively so that compliance of the existing law is achieved with deep understanding and awareness. Furthermore, messages conveyed by the religious groups should be consistent and not in conflict with the law that is currently in force.

Стилі APA, Harvard, Vancouver, ISO та ін.

36

KROITOR, Oleksandr. "Tasks of the patrol police for crime prevention." Economics. Finances. Law 10/1, no. - (October 28, 2022): 27–31. http://dx.doi.org/10.37634/efp.2022.10(1).6.

Повний текст джерела

Анотація:

Introduction. The paper, based on the analysis of domestic legislation, characterizes the tasks of the patrol police units in terms of crime prevention. The patrol police is considered one of the main units that performs tasks related to the prevention of criminal and administrative offenses, based on the norms of legislative and bylaw regulations. However, it should be noted that these norms have not yet acquired a systemic nature, with the help of which it would be possible to fully regulate the performance of the tasks of the patrol police in terms of crime prevention. This factor and certain shortcomings of the law enforcement activities of the patrol police actualize the research of such tasks. The purpose of the paper is to investigate the tasks of the patrol police as a subject of crime prevention, to divide them, and to provide proposals for normative legal acts. The results. The importance of the proper performance of tasks by the patrol police regarding the prevention of criminal and administrative offenses necessitates the need for appropriate regulatory and legal support. It is expedient to enshrine at the level of a subordinate regulatory legal act - Regulations on the Department of the Patrol Police the task of crime prevention by supplementing Section II "The main tasks of the Department" paragraph 5 with the following content: "Organization and implementation of preventive and preventive activities aimed at preventing the commission of criminal and administrative offenses, identifying and taking measures to eliminate the causes and conditions that contribute to their commission". Conclusions. The tasks of the patrol police as a subject of preventive activities, taking into account the general tasks of crime prevention, it is advisable to divide them into two groups - the task of identifying and eliminating the causes and conditions of the entire set of offenses (or individual groups) and the task of exerting a preventive influence on a specific person (circles persons) who is inclined to commit a tort or has started to commit it (has committed it).

Стилі APA, Harvard, Vancouver, ISO та ін.

37

Agishev, Ruslan R., Olga N. Barinova, and Irina V. Manaeva. "Mass Media About the Phenomenon of Corruption in the Regional Media Space." Social’naya politika i sociologiya 20, no. 1 (March 29, 2021): 46–55. http://dx.doi.org/10.17922/2071-3665-2021-20-1-46-55.

Повний текст джерела

Анотація:

The article deals with the issues of highlighting the phenomenon of corruption in the regional media space. The relevance of the problem is due to the following: the great role of the mass media in shaping public opinion, the special importance of corruption-related issues for the average person, the demand for custom-made publications on corruption-related topics to fight competitors. On the basis of the content analysis, specific features of the coverage of corruption events in the regions of the Volga Federal District are identified. There is an interest in regional corruption issues, a low level of analysis of published materials and an emphasis on entertaining presentation of the material. There is a significant difference in the form and content of publications on corruption offenses in publications with different founders. It is concluded that the media image of corruption formed by the regional mass media is contradictory and one-sided. As a result, consumers of printed products have a distorted perception of the phenomenon of corruption.

Стилі APA, Harvard, Vancouver, ISO та ін.

38

Tomyn, S., and О. Lyshak. "CRIMINALISTIC CHARACTERISTICS OF THE OFFENDER AND ITS IMPORTANCE IN SOLVING THE PROBLEMS OF CRIMINALISTIC PREVENTION." Criminalistics and Forensics, no. 65 (May 18, 2020): 271–82. http://dx.doi.org/10.33994/kndise.2020.65.26.

Повний текст джерела

Анотація:

The article deals with the concepts and preventive value of the forensic characteristics of the personality of the offender. It is proved that the establishment in the process of investigation of the causes and conditions for the commission of criminal offenses is one of the most important areas for their prevention. The author claims that from a criminalistics point of view, the causes and conditions for committing crimes are divided into: a) circumstances related to the identity of the offender. Their attribution to the circumstances that contributed to the commission of the crime is due to the properties of the person guilty of the crime (unfavorable conditions for the formation of the person, the situation in the family, in the work collective, etc.) b) circumstances that exist independently of the person who committed the crime. Their attribution to the circumstances that contributed to the commission of the crime is inseparably connected with the establishment of the circumstances of the crime (flaws in the protection of property, proper accounting of inventory, etc.) If the second group of circumstances is objectively existing, then the first is closely related to the personality of the offender. Given the above, the article notes the importance for solving the tasks of forensic prevention of investigating the identity of the offender within the forensic characteristics of a particular criminal offense. The personality structure of the criminal in the article is considered as a system of relatively independent substructures of a social and psychological nature. The social substructure consists of the following elements: a person’s place in the system of social relations, his social roles, and areas of activity. It embraces its properties that reveal relationships in various areas of public life. The psychological properties in the structure of the suspect’s personality include: the orientation of the personality (its selective attitude to reality), which includes various mental properties, needs, interests, motives, feelings, likes and dislikes, ideals and worldview; human abilities, his mental capabilities; the dynamics of mental processes – temperament, character, style of behavior, in which the content and form of a person’s spiritual life is manifested, that is, a system of intellectual and emotional qualities; self-identity of the person exercising selfregulation; mental processes and conditions. The disclosure of precisely these elements in the structure of the criminal’s personality, in the opinion of the actor, allows us to solve the following problems: 1) the possible tactical impact on the suspect (accused), including with the aim of preventing him from committing crimes in the future 2) accumulation and analysis of forensic information on the circumstances that contributed to the commission of the crime.

Стилі APA, Harvard, Vancouver, ISO та ін.

39

Halilagić, Nermin. "ORGANIZED CRIME AS A DYNAMIC AND COMPLEX CHALLENGE FACED BY THE MODERN SOCIETY." Journal Human Research in Rehabilitation 2, no. 2 (August 2011): 23–28. http://dx.doi.org/10.21554/hrr.081105.

Повний текст джерела

Анотація:

Organized crime is a complex and in many ways specifi c criminal phenomenon, now considered to be the most dangerous form of crime. It appeared relatively recently in both Bosnia and Herzegovina and the other republics of the former Yugoslavia. This work reviews the level of danger organized crime has presented to society through history. The author of the paper also refers to the characteristics of organized crime and highlights the presence of different both international and domestic opinions on the defi nition of the concept of organized crime, and the fact that today there is still no universal defi nition of the content of this concept. Also mentioned are criminal offenses related to organized crime.

Стилі APA, Harvard, Vancouver, ISO та ін.

40

Lomonovskis, Jurijs. "A SIGNIFICANT THREAT TO OTHER INTERESTS AS A CRITERION FOR SUBSTANTIAL HARM AT CRIMINAL LAW." Administrative and Criminal Justice 4, no. 85 (May 21, 2019): 23. http://dx.doi.org/10.17770/acj.v4i85.3673.

Повний текст джерела

Анотація:

The aim of the article “A significant threat to other interests as a criterion for substantial harm at criminal law” is to examine the problems of understanding the concept of “substantial harm” in criminal law; to analyse whether the “significant threat to other interests” component of substantial harm is properly understood in practice. The lack of understanding of the concept determines the topicality of the article. To reach the goal of the article, such tasks are solved: 1. to consider the historical development of a law framework of “substantial harm”; 2. to get acquainted with the types of substantial harm in criminal law; 3. to compare the court practice with the basic legal doctrine; 4. to make a statement about the content of the concept of “significant threat to other interests” both in the framework of basic and qualifying criminal offenses. The article consists of 5 parts: introduction, understanding concept of other interests protected by law, connection of other interests protected by law with the direct object of the criminal offense, threat of other interests protected by law as qualifying attribute, conclusions. The novelty of the article is related to the lack of research into substantial harm problems in criminal law. The conclusions of the article are about court practice does not correspond to the basic of legal doctrine. In the conclusion of the article, the author expresses the thesis for basic composition of criminal offense: substantially harmed interests are those in the direct object of the criminal offense; as well as those included in additional objects, if specifically designated by the legislator. Regarding the determination of interests in qualifying composition of a criminal offense, the author of the article expresses the following http://dx.doi.org/10.17770/acj.v4i85.3673 thesis: substantial harm as a characteristic of the composition of a qualified criminal offense indicates the threat of an additional object of a criminal offense.

Стилі APA, Harvard, Vancouver, ISO та ін.

41

Кожуханов, Николай Михайлович, and Александр Олегович Пулин. "Prevention of crimes related to smuggling detected by customs authorities in international mail." Расследование преступлений: проблемы и пути их решения, no. 1(35) (April 25, 2022): 65–70. http://dx.doi.org/10.54217/2411-1627.2022.35.1.008.

Повний текст джерела

Анотація:

В статье анализируются контрабандообразующие составы преступлений, имеющие место при перемещении товаров в международных почтовых отправлениях, выявление которых отнесено к компетенции таможенных органов. Авторами исследуются формы профилактического воздействия, предусмотренные по законодательству Российской Федерации применительно к рассматриваемым составам преступлений. Методология исследования обусловлена использованием таких методов исследования, как формально-юридический (при исследовании форм профилактического воздействия) и контент-анализ (при анализе практики правоприменения). Авторами определены системные проблемы в применении различных форм профилактического воздействия, направленных на контрабандообразующие составы преступлений, выявляемые таможенными органами в международных почтовых отправлениях. The article analyzes smuggling, which form the elements of crimes that occur when moving goods in international mail, the identification of which is within the competence of the customs authorities. The authors study the forms of preventive impact provided for by the legislation of the Russian Federation in relation to the offenses under consideration. The research methodology is based on the use of formal legal (in the study of forms of preventive impact) and content analysis (in the analysis of law enforcement practice). The authors identifies systemic problems in the application of various forms of preventive action aimed at smuggling crimes detected by customs authorities in international mail.

Стилі APA, Harvard, Vancouver, ISO та ін.

42

Lyzohub, Ya H. "Looting: issue of qualification and differentiation in the context of some criminal offenses against property." Bulletin of Kharkiv National University of Internal Affairs 98, no. 3 (September 28, 2022): 160–69. http://dx.doi.org/10.32631/v.2022.3.15.

Повний текст джерела

Анотація:

The article is devoted to the problem of incorrect understanding of such a relevant today phenomenon as looting, responsibility for which is provided for in Art. 432 of the current Criminal Code of Ukraine. An attempt has been made to show in detail the true content of the objective and subjective features of the legal composition of the considered socially dangerous phenomenon with a simultaneous comparative analysis of it with some criminal offenses against property, which, like looting, involve the taking of property, in particular in the form of theft. The relevance of the research is noted, due to the lack of adequate coverage of the content of looting. Certain opinions of other researchers regarding some signs of such a criminal act are highlighted, and arguments of both a supporting and refuting nature are given. Attention is drawn to the fact that looting, although it is a robbery in its content, is only a special manifestation of it, connected with a number of signs, only in the presence of which it will take on the appearance that will characterize it in essence. At the same time, the impossibility of a free, not related to the textually expressed form of looting in the norm of its criminal legal interpretation is indicated. At the same time certain comments of extended content are quite admissible, where it does not contradict the characteristics of the action under consideration (characteristics defined in Article 432 of the Criminal Code of Ukraine). It has been noted that the question of the qualification of looting is a question of the need to determine the conformity of the signs of an act actually committed, potentially considered as looting, with the signs that characterize such an act normatively, taking into account the rules and approaches to understanding such a phenomenon as a war crime laid down in legislation. Moreover, cases of actions that resemble looting in appearance, but committed by civilians, as well as representatives of Russian units and persons supported by them from illegal armed formations fighting on the other side, have been differentiated.

Стилі APA, Harvard, Vancouver, ISO та ін.

43

Martyniuk, O. V., and I. F. Koval. "Criminal offenses in the sphere of economic activity (Articles 147, 150) according to the Criminal Code of 1960: historical and legal analysis." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 293–97. http://dx.doi.org/10.24144/2788-6018.2022.04.53.

Повний текст джерела

Анотація:

The article carries out a historical and legal analysis of the composition of crimes provided for in Art. 147 and 150 of the Special Part of the Criminal Code of 1960. It is noted that public relations in the sphere of economic and related activities are among the most widespread and significant. Therefore, in order to protect the normal functioning of economic and related activities, Chapter VII "Criminal offenses in the sphere of economic activity" is included in the Special Part of the Criminal Code of Ukraine. The authors draw attention to the changes related to the understanding of the content of criminal offenses in the field of economic activity during the last decades. It is emphasized that the changes made to Chapter VII of the Criminal Code of Ukraine in accordance with the Law of Ukraine dated June 19, 2020, led not only to the exclusion and significant updating of the wording of a number of previously existing articles (for example, Article 232-1 "Illegal use of insider information"), but also before the appearance of two completely new special prohibitions regarding the establishment of criminal liability for abuse in wholesale energy markets (Articles 222-2 and 232-3). Yes, Art. 222-2 was called "Manipulation on the energy market", and Art. 232-2 - "Illegal use of insider information regarding wholesale energy products." The authors concluded that the development of social relations and the radical changes that took place in Ukraine at the end of the 80s and the beginning of the 90s of the last century were also reflected in the understanding of the essence of criminal offenses in the field of economic activity. Article 147 of the Criminal Code of the Ukrainian SSR of 1960 was eventually transformed into Article 227 of the Criminal Code of Ukraine ("Deliberate introduction into circulation on the market of Ukraine (release on the market of Ukraine) of dangerous products) with a significant softening of the sanction of the article (punishment) from deprivation of liberty for a certain the term of monetary recovery (fine). Article 150 of the Criminal Code of the Ukrainian SSR ("Employment of private entrepreneurial activity") has lost its relevance and was decriminalized according to the Law of Ukraine dated July 7, 1992.

Стилі APA, Harvard, Vancouver, ISO та ін.

44

TARASENKO, O. S. "SOCIO-DEMOGRAPHIC CHARACTERISTICS OF PERSONS AND CRIMINAL GROUPS WHO COMMIT CRIMINAL OFFENSES RELATED TO THE CIRCULATION OF ILLEGAL CONTENT ON THE INTERNET." Scientific Journal of Public and Private Law 2, no. 2 (2021): 87–92. http://dx.doi.org/10.32844/2618-1258.2021.2.2.15.

Повний текст джерела

Стилі APA, Harvard, Vancouver, ISO та ін.

45

Shelenina, K. G. "Traces of murders committed by convicts in prison." Legal horizons, no. 18 (2019): 104–9. http://dx.doi.org/10.21272/legalhorizons.2019.i18.p104.

Повний текст джерела

Анотація:

The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.

Стилі APA, Harvard, Vancouver, ISO та ін.

46

Balekina, Violetta Mikhailovna. "The concept of deliberately unreliable information disseminated under the guise of reliable communications in law." Административное и муниципальное право, no. 2 (February 2022): 1–12. http://dx.doi.org/10.7256/2454-0595.2022.2.37671.

Повний текст джерела

Анотація:

The article raises the problem of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages, applied in the norms of administrative law establishing responsibility for the illegal dissemination of various types of socially significant information. By a detailed analysis of the elements that make up the studied concept, its meaning is revealed. The author analyzes the main theoretical approaches to the content of these elements in various branches of legal science. The article outlines the problems of applying the norms of administrative law that establish responsibility for the illegal dissemination of various types of socially significant information. These problems are related to the lack of a legal definition of the concept of deliberately unreliable information distributed under the guise of reliable messages. The author has established the absence in science and judicial practice of a unified approach to the content of the sign of obviously unreliable information disseminated under the guise of reliable messages. The author distinguishes the concept of obviously unreliable information from other related categories. Conclusions are formulated about the need to disclose in the law the content of the concept of unreliable information, which is a fundamental element of administrative offenses that establish responsibility for the illegal dissemination of various types of socially significant information, as well as the need to fix in the law the content of the construction "obviously unreliable information disseminated under the guise of reliable messages". The article presents the author's approach to the formulation of the content of the concept of deliberately unreliable information disseminated under the guise of reliable messages.

Стилі APA, Harvard, Vancouver, ISO та ін.

47

Pylypenko, D. "The principle of humanism of criminal executive law." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 248–52. http://dx.doi.org/10.24144/2788-6018.2022.02.46.

Повний текст джерела

Анотація:

The article considers the content and essence of the principle of humanism in criminal executive law. Emphasis is placed on the exclusive common law origin of this principle within the framework of sectoral law. The natural origin of the principle of humanism is reflected in the positive component of state participation in the implementation of this principle. It is emphasized that the principle of humanism is inextricably linked with other general principles and is crucial in areas of law that are directly related to the restrictions on the natural rights and interests of individuals - this is certainly the field of criminal law. Within the framework of criminal executive law, the principle of humanism primarily concerns the observance of the rights and freedoms of persons serving criminal sentences in the penitentiary system. It should also be noted that the essence of the criminal offenses committed by these persons, namely their public danger, extends the content of the principle of humanism to the observance and consideration of the interests of society. The article additionally emphasizes that during the serving of a criminal sentence, the convict must take measures to compensate for the damage caused to the victim as a result of the commission of a criminal offense. Given this aspect, the implementation of the principle of humanism must also take into account the interests of victims. In addition, the practical realities of serving criminal sentences in the form of imprisonment show that the convict must also take measures to enforce court decisions in other cases, given the available writs of execution located at the place of serving the sentence. Thus, the principle of humanism, which is implemented within the framework of criminal executive law, reflects the observance of the interests of a wide range of people. Given the above-mentioned multi-subject model of perception of the content of the principle of humanism within the framework of criminal executive law, it is expedient in a broad sense to adopt a set of measures of influence that can be applied to convicts. These measures should not be limited to measures of criminal law, but also take into account coercive measures related to the performance of other obligations by convicts at the discretion of the competent authorities.

Стилі APA, Harvard, Vancouver, ISO та ін.

48

Grinyuk, R., and B. Kindyuk. "MEDICAL WORKERS' LIABILITY FOR CRIMES IN THE FIELD OF TRAFFICKING OF NARCOTIC PRODUCTS UNDER ARTICLE 320 OF THE CRIMINAL CODE OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 15–19. http://dx.doi.org/10.17721/1728-2195/2021/1.116-3.

Повний текст джерела

Анотація:

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

Стилі APA, Harvard, Vancouver, ISO та ін.

49

Grinyuk, R., and B. Kindyuk. "MEDICAL WORKERS' LIABILITY FOR CRIMES IN THE FIELD OF TRAFFICKING OF NARCOTIC PRODUCTS UNDER ARTICLE 320 OF THE CRIMINAL CODE OF UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 19–23. http://dx.doi.org/10.17721/1728-2195/2021/1.116-4.

Повний текст джерела

Анотація:

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

Стилі APA, Harvard, Vancouver, ISO та ін.

50

Zabavko, R. A., and E. V. Rogova. "Socially Dangerous Consequences of Crimes Related to Environmental Pollution: System Analysis." Lex Russica 1, no. 2 (February 28, 2020): 165–73. http://dx.doi.org/10.17803/1729-5920.2020.159.2.165-173.

Повний текст джерела

Анотація:

As a result of comprehensive analysis of the content of socially dangerous consequences provided for in article 246, 247, 250-252, 254 of the Criminal Code of the Russian Federation, the authors reveal the absence of a unified approach to the interpretation of individual effects, consistency in the interpretation of certain terms. It is concluded that the two-stage system of socially dangerous consequences formed in the majority of these crimes significantly complicates law enforcement activities. It is revealed that one of the most successfully used components of these environmental crimes is part 1 of article 247 of the Criminal Code of the Russian Federation, formulated as a part of a real danger. An accurate description of the legal structures used in the construction of these elements of a crime will allow you to define de lege lata qualification limits, distinguish them from each other and distinguish them from related elements of administrative offenses. The authors clear up the content of such socially dangerous consequences as: essential change of radioactive background, the infliction of harm to human health, mass death of animals, damage to human health, significant harm to human health or the environment, pollution, poisoning or contamination of the environment, human death, mass diseases of people, the spread of epidemics or epizootics, causing essential harm to animal or flora, fish stocks, forestry or agriculture, pollution or other change of natural properties of air, other serious consequences. De lege ferenda’s proposals include a unified system of socially dangerous consequences that could be used universally in the crimes under consideration. The following socially dangerous consequences are proposed. The first part: creating a real threat of causing significant harm to human health, the environment, animal or plant life, fish stocks, forestry or agriculture. The second part: causing harm to human health, significant harm to human health, the environment, animal or plant life, fish stocks, forestry or agriculture. The third part: causing the death of a person by negligence. The forth part: causing death by negligence to two or more persons.

Стилі APA, Harvard, Vancouver, ISO та ін.

Статті в журналах з теми "Content related offenses"

Оформте джерело за APA, MLA, Chicago, Harvard та іншими стилями