The subject matter of the research is theoretical and applied problems of criminal and legal qualification of domestic violence. Its purpose is to form propositions for solving these problems. The latter include the difficulties of unambiguous interpretation and legal assessment of the features of a socially dangerous act provided by the Art. 126-1 of the Criminal Code of Ukraine, and the features of “systematic”, establishing socially dangerous consequences and causal relation and distinguishing domestic violence from related corpus delicti of criminal offenses. The author has revealed the “interdiction” of socially dangerous results (as features of an action) and consequences, which leads to incompleteness and incorrect qualification. The solution of this problem is directly related to: a) the separation of psychological violence from those forms of psychological influence on a person that cannot be considered violence; b) separation of domestic violence as an administrative tort from a criminal offense. The author has suggested a two-dimensional model of the consequences of psychological violence, where the first (closer) level consists of those consequences defined in the Law of Ukraine “On Preventing and Counteracting Domestic Violence”, and the second (remote) level – in the Art. 126-1 of the Criminal Code of Ukraine. When there are sufficient grounds to believe that domestic violence is systematic, the use of prior administrative response procedures should be avoided after the first report or personal detection by the police officer. Special attention has been paid to the criteria for distinguishing between the legal components of domestic violence and criminal offenses against life and health, sexual freedom and sexual integrity, as well as those provided by the Articles 164 and 165 of the Criminal Code of Ukraine.
The purpose of the paper is to comprehend and examine dimensions of irregular migration, namely its criminogenic, victimological sources and its background influence on criminal processes in conditions of armed conflict in Ukraine. Results of the study allows us to draw a sound conclusion that irregular migration poses a number of criminogenic risks to Ukrainian national security as well as to the rights and freedoms of Ukrainian citizens, especially of those who remain or arrive to the occupied territories. The research ascertains that criminogenic potential of migration may be viewed from two related perspectives associated with the phenomenon of migrants’ criminality and migrants as potential or real victims of crime. The research outlines the factors providing a favourable environment for engaging irregular migrants into criminal activities. Basing on the recent amendments to the Criminal Code of Ukraine and current criminal statistic the research ascertains the links of ethnic minority criminality and mercenary activities with irregular migration in Ukraine. The research provides arguments that internally displaced persons can be viewed as a contemporary type of intra-state migration that poses additional criminogenic hazards in conditions of the armed conflict in Ukraine. Practical implications of the study lie in the recommendations for decreasing the risks of irregular migration, in conditions of armed conflict in Ukraine, defined a following: resolving the issue on the legal status of the armed conflict in Eastern regions of Ukraine, as well as recognising Lugansk Public Republic and Donetsk Public Republics terrorist’s organisations on the national level. Reinforcing suppression of all kinds of smuggling, international.
The article is devoted to the characteristics of the main qualification problems of criminal offenses related to the war in the context of the de-occupation movement. Based on the analysis and synthesis of the experience of investigators from the National Police, the Security Service of Ukraine, as well as prosecutors on the de-occupied territories of Ukraine, four basic problematic subject areas with the corresponding typical situations of the law on criminal liability application have been identified: criminal legal qualification of artillery shelling, mining, causing death to a person, and other actions of physically detained representatives of the aggressor state. For each zone and situation, the main approaches to the qualification of documented criminal offenses and other events used in law enforcement practice have been identified. A critical analysis of these approaches has been carried out, shortcomings are identified, and ways to eliminate them are proposed.
Purpose. To study environmental crimes in the field of subsurface resources protection and provide their criminological characterization, namely, to determine criminological indicators reflecting the studied crime rate, dynamics and structure. Methodology. A system of general scientific and special methods and approaches ensuring an objective analysis of the studied issue, particularly, logical and dogmatic, systematic, documentary, and modeling and statistical analysis methods. Findings. We determined absolute, mean and relative indicators of environmental crimes in the field of subsurface resources protection in Ukraine during 2002–2021, their total recorded number (9118 crimes), annual average (456 crimes) and share in the overall crime structure over the past 20 years (0.1 %). The conclusion shows a significant growth of environmental crimes in the field of subsurface resources protection in the overall crime structure (from 0.01 to 0.24 %) due to a significantly higher increase in these crimes rate compared to the absolute overall crime rate. The calculated dynamics indicators showed wave-like changes in the recorded crimes number against their steady overall upward trend – over the twenty-year period analyzed, reported crimes of this category increased more than 14 times. Originality. Following a long-term statistical analysis, since illegal amber mining criminalization, the article provides the first criminological characterization of environmental crimes in the field of subsurface resources protection. Practical value. The authors substantiate their understanding of the essence of this crime category envisaged by Article 240 of Ukraine’s Criminal Code “Violation of the Rules for Subsurface Resources Protection or Use, Illegal Extraction of Mineral Resources” and Article 2401 of Ukraine’s Criminal Code “Illegal Mining, Sale, Acquisition, Transfer, Sending, Transportation, and Processing of Amber”. The calculated indicators of the rate, dynamics and structure of the studied crimes are of standalone significance for academic research and law enforcement activities and create an appropriate basis for the information provision of combating environmental crimes in the field of subsoil protection being a prerequisite for developing an appropriate system of specified crime prevention measures.
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