The paper presents the biography and systematizes the research of a well-known Russian scholar Prof. M.N. Gernet. The authors single out different spheres of his work: 1) the theory and history of criminal law, including the theory of crime as a social phenomenon, the qualification of criminals and crimes, the concept of criminal law, types of punishment used in different countries as well as social security measures in the form of the penitentiary system, organization of inmates’ labor, their re-socialization; 2) criminal law sociology, including the research of the dependence of the number of crimes on the economic conditions, such as the average salary, housing utility payments, size of dwelling, price of bread and other basic necessities; 3) criminal law statistics whose methods M.N. Gernet actively used, such as survey, questionnaires, observation, experiment, ranging (structuring); thanks to the crime and criminal personality research offices that he organized in different cities of the Soviet Union it was possible to collect data and to systematize it by the causes of crime, types of crimes, personal characteristics of some criminals (gender, age, education, marital status); 4) problems of juvenile delinquency analyzed by scholars using data on age groups of delinquents, which allowed to show the positive effect of the reduction of punishment depending on age, the hearing of cases by the Commission on Minors’ Affairs and a wide use of medical and pedagogical measures; 5) the history of using capital punishment, including a historical overview of using this type of punishment, which gave the scholar an opportunity to show that this measure does not affect the total number of crimes and has a negative impact on the psychological atmosphere in the society manifested through an increased number of civil disobediences and violent crimes; 6) crimes of Hitler’s army against humanity, which M.N. Gernet studied by collecting data on the number of war crimes against civilians, prisoners of war, hostages, analysis of mass shootings and the destruction of cities, villages, cultural monuments and other valuable objects; 7) biographies of legal scholars, including the information that M.N. Gernet collected on the work and contributions to the legal science of such famous lawyers as A.F. Konin, N.S. Tagantsev, V.K. Sluchevsky, I.Ya. Foinitsky, P.I. Lyublinsky, paying special attention to the monographs and textbooks that they wrote.
The purpose of article deals with the study of history of preparation and the reasons for the adoption of the Polish Constitutions in the period from 1919 to 1997 years. Research methods: dialectical, chronological, comparative, system-structural. Main results. The article shows that the history of the preparation of the Polish Constitutions in the period from 1919 to 1997 years occurred under the conditions of constant changes of socio-political factors, which was reflected in the state system, political, economic and social relations, rights and freedoms of the population. It is proved that the history of Polish constitutionalism has evolved in a complex vector from the insignificant in volume and scientific level of the Little Constitution of 1919, which was adopted in conditions of armed confrontation with Soviet Russia, to the 1997 Constitution, which complies with European standards. The influence of the historical personality of Marshal Jozef Pilsudski was investigated, who became the sponsor of the rebirth of independent Poland on the history of the preparation and adoption of the Polish Constitutions of 1919, 1921 years and the Constitution of 1935 in which the President of the country was given dictatorial powers during the period of war. It is shown that the Constitution of 1952, which was written according to Soviet models and based on instructions received from Moscow, had to consolidate in Poland a socialist model in which the Polish United Workers Party had a leading role in society. It is shown that the collapse of the Soviet Union led to the elimination of the communist system in Poland, the rise to power of democratic forces, which resulted the adoption Constitution 1997. The peculiarity of the Constitutional process was the fact that for the first time in the history of Poland on 25th May 1997 a referendum was held regarding its adoption. The Constitution 1997 was adopted in the context of a transition from command-administrative to a democratic system of government, so its content is marked by a democratic nature that ensured the creation of private ownership of all means of production and free trade. The historical reasons of the drafting of the Polish Constitutions have undergone a complex dynamic, which is connected with political changes in the country, which is reflected in the content of the ideas, doctrinal views and Basic Laws. The practical significance of the study lies in the use of Polish historical experience in the development of event scenarios in Ukraine in order to prevent errors in modern state-making. Originality. A comprehensive study of the history of Polish constitutionalism, taking into account socio-political reasons. Article type: descriptive.
думки експертів з права теорія та історія держави і права ІДЕЯ УКРАЇНСЬКОЇ НЕЗАлЕЖНОСтІ В праці К. лЕВиЦЬКОГО «ІСтОРІЯ ПОлІтиЧНОЇ ДУМКи ГАлиЦЬКиХ УКРАЇНЦІВ 1848-1914 рр .» УДК 94(477.83/86) Б. В. Кіндюк доктор юридичних наук, професор, завідувач лабораторією боротьби з наркозлочинністю Одеського державного університету внутрішніх справ думки експертів з права теорія та історія держави і права
The article discusses the reasons for the adoption of the Unified Convention of 1961, which was to create a unified international system for controlling the circulation of these dangerous substances. It is shown that the authors of the document focused on issues of international trade, control over the circulation of these substances and terminology. A feature of the document was the presence in it of four lists of narcotic substances, depending on the degree of their danger and the negative impact on human health. There are three reasons for the relevance of the research topic. First, the need to combat the spread of drugs in Ukrainian society by increasing the effectiveness of measures to combat illicit trafficking in such drugs. Today in Ukraine there is a steady trend of increasing the number of drug addicts, which affects the level of criminogenicity of society. Secondly, at the present stage, drug crime is becoming more professional, significant financial resources allow drug addiction to undermine the economy and political foundations of the state. In such circumstances, there is a situation where any state alone is unable to counter drug trafficking. Based on this, there is a need for close international cooperation between different states in order to combat such dangerous phenomena. Third, the 1961 Single Convention on Narcotic Drugs played an important role in uniting many countries in the fight against drug crime. The interest in this international treaty is not accidental, due to the fact that the Convention has become the basis of legal policy of many countries aimed at combating drug trafficking, so the content of this document needs more detailed study. At the same time, the need for Ukraine’s participation in international cooperation is exacerbated by the country’s location in the middle of Europe, which leads to the use of its territory as one of the ways of drug trafficking. Key words: international treaty, UN convention, narcotic drugs, legal liability, quantitative indicators.
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.
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