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The article, based on the clarification of content specially criminological crime, identified with definite subjects of research taking place in penal institutions closed type, and offered evidence-based measures to address them.
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The article analyzes theoretical and practical approaches concerning the definition of the content of the activity of any subject, and on this basis, scientifically grounded criteria for assessing the effectiveness of criminal-executive and preventive activities of penitentiary bodies and institutions in Ukraine are derived
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In a study of gender content of regulations governing the activities of the Prosecutor's Office of Ukraine, as well as analysis of the work to prevent crime in organs and penal institutions identified issues and derived scientifically based solutions on the merits.
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In the article analyzes the legal principles and practices in the implementation of penal activities Ukraine safeguards (physical force, special means and weapons) to persons who are held in detention centers and penal institutions of the closed type, and proposed evidence-based to address existing problems in this area
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The article provides a comprehensive analysis of the content and identifies the current potential features of the basic means of correction and resocialization of convicts specified in the law in ensuring the process of criminal-executive and preventive activities in the organs and penitentiary institutions, as well as identifies the main issues affecting the level of efficiency in this direction, and scientifically grounded ways of their overcoming (neutralization, blocking, elimination, etc.) have been developed.
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In the article analyzes the legal principles and practices in the implementation of penal activities Ukraine safeguards (physical force, special means and weapons) to persons who are held in detention centers and penal institutions of the closed type, and proposed evidence-based to address existing problems in this area
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The article is about one of the key programmes in the current criminal procedural legislation of Ukraine related to the display at the legislative level to prevent crimes that are defined, in particular, the law on criminal liability. This problem, as practice shows, the main factor contributing to the occurrence of repeated and recurrent crimes, since criminal proceedings none of the subjects of procedural activities is not obliged to reveal the reasons and conditions of committing socially dangerous acts.
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The article analyzes the current state of criminal-executive activity in Ukraine, establishes the main problem issues, requires an immediate solution, as well as develops scientifically substantiated ways on the essence of the research topics.
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The article analyzes the principles of criminal-executive legislation, the execution and serving of sentences through the prism of their application in the criminal-executive activities of the personnel of the organs and penal institutions of Ukraine, as well as the formation of problem points that arise in this direction and formulated scientifically substantiated ways to solve them. Essentially.
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The article analyzes some foreign concepts causes of crime, their semantic elements, promising moments with current research in Ukraine.
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In article is about the theoretical and applied principles of general social prevention of crime related to misappropriation of vehicles in Ukraine. In particular, based on existing science approaches to determining the contents of this type of crime, established by controversial moments of the abovementioned problems and proposed evidence-based solutions.
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The article deals with issues related to the effectiveness of the application of the basic means of correction and re-socialization to the convicted in the contemporary conditions of the functioning of the sphere of punishment of Ukraine, as well as identified problem points and developed scientifically substantiated ways of their solution in essence.
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The article examines the relationship and interconnectedness of the conceptual apparatus of the criminal cycle sciences: criminal, criminal procedural, labor law, criminology, forensics based on the methods of differentiation and integration. The differentiation method allows you to subdivide the corresponding amount of knowledge into certain groups and consider them as independent sciences; integration method – reveals the processes of convergence, and interaction of sciences, their interpenetration at the level of individual elements of their conceptual apparatuses of these sciences, legal categories, concepts of legal terminology. The formulated provisions and proposals for the correlation and interconnection of the conceptual apparatus of the criminal cycle sciences are important both for the organization and conduct of scientific research in the specified sciences, as well as for solving practical issues in the field of combating crime, in particular in law-making and law enforcement activities. The decisive dominant in this activity and the main goal here should be to achieve the coherence and consistency of the conceptual apparatus of the criminal cycle sciences - their categories, concepts and legal terminology, especially in situations where one branch of knowledge (science) uses certain elements of the conceptual apparatus of another. In such cases, the relevant categories of concepts and terms belonging to the class of "interdisciplinary" should be interpreted in the above cases on the basis of the above-mentioned scientific principles. On this basis, we consider it inadmissible to differently define and interpret the same categories, concepts and legal terms used in related (related), but still different sciences of the criminal cycle, and belong to the class of "interdisciplinary". Crucial in this case is their interpretation in criminal law. This is of particular importance in the sciences to which the subject matter (as their normative-legal basis) is relevant branches of law: criminal, criminal-procedural, criminal executive. These legislative systems must be clearly coordinated and their conceptual apparatus logically consistent, contradictions and different interpretations of the same categories, concepts and terms in these different (but related) branches of law are inadmissible.
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The article deals with the security issues and the related army reform in the Democratic Republic of the Congo (DRC). We focus on the continuing armed conflicts in the east of the DRC, destabilizing the situation in the region. We analyze the facts of human rights violation and the factors impeding the creation of the national army in the country. We also cover the problem of the DRC military cooperation with a number of other countries. The analysis enables us to broaden the understanding of the origin of armed conflicts in subtropical Africa and to define the specific features of the DRC military forces. We make a conclusion that the army reform in the DRC is a complicated process, which will demand great efforts and determined decisions of the DRC authorities. However, due to the lack of financing and professional personnel, these problems remain so far unsolvable.
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The paper analyzes the problem of determining who may commit a crime under part 2 article 369-2 of the Criminal Code of Ukraine. Defined: 1) only any official or person who provides public services may commit this crime, 2) trading in influence means that said person uses the opportunities associated with his official status for undue influence on a person authorized to perform state functions.
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The article deals with changes in the anti-corruption legislation of Ukraine regarding gifts. In particular, gifts are legally defined in a different way than undue advantage. Gifts characterize acts related to corruption and in which there are no signs of corruption. The notion of undue advantage characterizes corrupt acts. The author of the article proves that a public official receives a gift as a token of gratitude after the correct execution of his official functions or without connection with the performance of his official functions. Violation of prohibitions on receipt of gifts entails administrative responsibility under Art. 172-5 of the Code of Ukraine on Administrative Offenses. Violation of legislative prohibitions on solicitation or acceptance of an undue advantage entails criminal liability under articles of the Criminal Code of Ukraine. The article presents scientific explanations and practical recommendations for making a new decision on liability for violation of legislative prohibitions on receiving gifts. Proposals for amendments to articles 354, 368, 368-3, 368-4, 369, 369-2 of the Criminal Code of Ukraine have been developed. It is expected that they will indicate that when committing the corruption offenses provided for in these articles, a person requires an undue advantage or agrees to receive an undue advantage in exchange for actions related to his official powers. Such a requirement or consent always precedes the actions associated with its official powers.
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The paper addresses some crucial issues related to insult and slander. The definition and protection of the dignity, honour and reputation as constitutionally protected values are discussed. The legal regime of insult, defamation and slander in some European countries are also marked, as well as some major disturbing tendencies related to freedom of expression related to them. The legal framework of insult and slander in Bulgarian criminal law are examined in detail. The paper examines the specifics related to the increase of slander and insult in the internet and the related problems. It also shreds light on those problems concerning minors and the need of better protection at schools through soft law and self-regulation.
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Annotation. Problems of improvement of the criminal liability for the murder made on purpose to put by other crime are solved or to facilitate its fulfillment (in criminal law of Ukraine). Changes in article 115 of the Criminal code of Ukraine are offered.
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In the article principle of psychological profile of unknown criminal person in investigational activity is examined. Validity of this approach appears at importance of the use of modelling method as innovative direction of investigation. Thus, an author marks that to application of this method research of theoretical principles and preparation of practical recommendations must be preceded in practical activity of investigator.The author marks that to the problems of social and psychological description of criminal person, in particular, unknown, in criminalistics and psychological literature certain attention was spared and determines separate scientists (I. М. Luzgin, V. О. Оbrazcov and S. М. Bogomolov, І. S. Safuanov, Yu. V. Chufarovskii and others) works of that were devoted to research of this problem. However, for today, in criminalistics and legal psychology unambigiuous looks are absent in relation to the use of psychological knowledge in investigational activity. Therefore the aim of this article is consideration of separate theoretical problems of the use of modelling method during establishment of unknown criminal person in investigational activity.By the author of the article of analysis different determinations of «psychological profile of unknown criminal person» were subjected. They are set positive lines and separate positions that in opinion of author are not expedient and important are subjected to criticism. That is why, the author points in conclusions the argued positions in relation to the necessity of the use of psychological profile of unknown criminal person during investigation of criminal realizations in activity of investigator.
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