Dynamics of the implementation of the protective role in the conduct of crimes: the practice of the Convention for the Protection of Human Rights and Fundamental Freedoms

Балобанова, Дарья Александровна; Балобанова, Дар’я Олександрівна; Горбачова, Ірина Михайлівна; Горбачова, І. М.; Gorbacheva, I. M.; Horbachova, Iryna M.; Оцяця, Анастасия Сергеевна; Оцяця, Анастасія Сергіївна; Otsyatsya, Anastasiia; Дмитрук, Михайло Михайлович; Дмитрук, Михаил Михайлович; Dmytruk, Mykhailo M.; Хильченко, Анастасія Сергіївна; Хильченко, Анастасия Сергеевна; Khylchenko, Anastasiia S.

doi:10.46398/cuestpol.382e.33

“…The very nature of this branch of law presupposes the possibility of interference in a person's life and is such that it gives any measure of criminal-legal influence such strength of potential legal restrictions that it should cause unwillingness to violate the criminal law prohibition by committing a criminal offence (Hazdayka-Vasylyshyn, 2021). However, to avoid unjustified interference, society and the state must guarantee the protection of human and civil rights and compliance with the standards established by the United Nations Convention against Transnational Organised Crime (2000) (Balobanova et al, 2020).…”

Section: Criminal Law Policy On Liability For Certain Acts During Mar...mentioning

confidence: 99%

Untitled

2023

SLS

0

View full text Add to dashboard Cite

The relevance of the chosen subject is dictated by the fact that countering criminal offences during the war is one of the most important problems that the legislator should respond to. Not only the level of the criminal situation in the state but also the effectiveness of the functioning of criminal law in general depends on how timely and correct decisions will be made in this area. The purpose of the study is to conduct a legal analysis of legislative initiatives to introduce new qualification circumstances, strengthen criminal liability by introducing new punishments and increasing the current sanctions for certain criminal offences. For this purpose, formal-logical, dialectical, logical-semantic, hermeneutical, comparative-legal, and other methods of scientific knowledge were used in the study. The study clarifies that legislative changes to strengthen responsibility for committing property and some other criminal offences under martial law are insufficiently justified and may lead to an excessive expansion of the current Criminal Code of Ukraine, a violation of its consistency. It is noted that this approach raises a number of doubts and requires the search for other, more effective ways of legal regulation. The expediency of applying a comprehensive approach in the formulation of criminal law norms, which provides for considering the tools of both the Special and General parts of the Criminal Code of Ukraine, is justified. The applied aspect of this scientific analysis is determined by the dynamics of lawmaking in this area and provides justification for the need to introduce appropriate legislative changes, and outlines the prospects for their application in practice. The practical importance of the study lies in the fact that strengthening criminal liability for certain criminal offences during martial law is a subject that goes far beyond purely theoretical importance

show abstract

Strengthening criminal liability for committing property and some other offences under martial law in Ukraine

Vynnyk,

Hazdayka-Vasylyshyn

2023

SLS

1

0

View full text Add to dashboard Cite

The relevance of the chosen subject is dictated by the fact that countering criminal offences during the war is one of the most important problems that the legislator should respond to. Not only the level of the criminal situation in the state but also the effectiveness of the functioning of criminal law in general depends on how timely and correct decisions will be made in this area. The purpose of the study is to conduct a legal analysis of legislative initiatives to introduce new qualification circumstances, strengthen criminal liability by introducing new punishments and increasing the current sanctions for certain criminal offences. For this purpose, formal-logical, dialectical, logical-semantic, hermeneutical, comparative-legal, and other methods of scientific knowledge were used in the study. The study clarifies that legislative changes to strengthen responsibility for committing property and some other criminal offences under martial law are insufficiently justified and may lead to an excessive expansion of the current Criminal Code of Ukraine, a violation of its consistency. It is noted that this approach raises a number of doubts and requires the search for other, more effective ways of legal regulation. The expediency of applying a comprehensive approach in the formulation of criminal law norms, which provides for considering the tools of both the Special and General parts of the Criminal Code of Ukraine, is justified. The applied aspect of this scientific analysis is determined by the dynamics of lawmaking in this area and provides justification for the need to introduce appropriate legislative changes, and outlines the prospects for their application in practice. The practical importance of the study lies in the fact that strengthening criminal liability for certain criminal offences during martial law is a subject that goes far beyond purely theoretical importance.

show abstract

Use of international legal assistance during the pre-trial investigation of corruption crimes in the sphere of official and professional activities

Shevchyshen¹,

Myrovska

²

,

Antoshchuk

³

et al. 2021

Cuest. Pol.

0

View full text Add to dashboard Cite

Based on the provisions of criminal procedure theory and criminology, the problems of international legal assistance are revealed during the pre-trial investigation for crimes of corruption in the field of official and professional activities. Special attention is paid to identifying the details of evidential activities in criminal proceedings for offences related to the provision of public services during a special pre-trial investigation (in absentia). The methodological basis of the article is a set of general and special scientific methods of legal cognition. In particular, the concept of pre-trial special investigation is formulated, its functional purpose is defined, characteristics of the carrying out of separate investigative actions (search) during the special pre-trial investigation for corruption offences. Attention is paid to issues of international cooperation to identify and search for assets in these criminal proceedings. Other problems are revealed in the use of international legal assistance to obtain evidence during the investigation of these crimes. It is concluded that a problem that arises during international cooperation during the preliminary investigation is the uncertainty in international rules on the provision of mutual legal assistance.

show abstract

Dynamics of the implementation of the protective role in the conduct of crimes: the practice of the Convention for the Protection of Human Rights and Fundamental Freedoms

Cited by 3 publications

References 1 publication

Untitled

Untitled

Strengthening criminal liability for committing property and some other offences under martial law in Ukraine

Use of international legal assistance during the pre-trial investigation of corruption crimes in the sphere of official and professional activities

Contact Info

Product

Resources

About