bluuebunny/crossref_metadata_2025 huggingface dataset:
Administrative services in the field of social protection and social security: current state and prospects for reform
Authors: Pavlovich-Seneta J. P.
Published: October 2024

The article carries out a scientific analysis of the concept, characteristic features, types and mechanisms of providing administrative services in the field of social protection. The current state of the mechanism for the provision of social services in Ukraine and the prospects for reforming this sphere in the future are considered. It is noted that the legal provision of social services in Ukraine is based on several key legal acts and strategic documents. This is, in particular, the Law of Ukraine «On Social Services», which defines the basic principles, types, procedure of providing social services and is aimed at creating a competitive market of social services and ensuring their availability for all citizens. The strategy for the development of the social services system for the period until 2025 defines strategic directions and tasks for improving the quality of social services, including decentralization, standardization and quality monitoring. The legal provision of social services also includes a number of state social standards and guarantees established by laws and other normative legal acts, which standards determine the minimum amounts of social benefits, pensions and other types of social assistance. Social protection is characterized as a system of economic, social, legal, and organizational measures that provides able-bodied people and citizens with appropriate conditions for improving their well-being at the expense of personal labor contributions, and the disabled and socially vulnerable strata of the able-bodied population - guarantees in the use of public consumption funds, material support, tax reduction.
Various approaches to the classification of administrative services of a social nature based on legislative and scientific-theoretical principles are highlighted. The mechanism for providing administrative services of a social nature is revealed. It has been established that administrative services are provided by subjects of administrative service provision directly and through centers for the provision of administrative services or through the Unified State Portal of Administrative Services. It is emphasized that reforming social services in Ukraine is an important direction of state policy aimed at improving the quality and availability of social services for citizens.
Issues related to legislative regulation of Telegram
Authors: Samahalska Y. , Shpuganych I.
Published: October 2024

A person’s rights to freedom of speech and access to information have undergone significant changes in the legislative approach, now they are the basic digital rights of a person. The article describes the current state of legal regulation of the media sphere and explains the legislator’s understanding of online media and the possibility of legal regulation of social networks, which, according to current legislation, are named as platforms for sharing information and video.
Main attention is paid to the Telegram platform, which although it is not currently a subject in the media sphere, but it is rapidly gaining momentum throughout the world and is the most popular in Ukraine, which make a significant impact on the Ukrainian information space. The article describes all risks that are associated with the use of the platform for the user and for national security in general. They are platform connection with Russia, the lack of a transparent ownership structure, as well as the lack of proper protection of personal data and other information about users. Another problem for Ukrainian national security is anonymous Telegram channels and the huge amount of disinformation that spreads by them.
The article analysed European media regulation acts, which were recently adopted. Also, Ukrainian draft law, which aims to regulate the Telegram activity and other online platforms on the territory of Ukraine, was also studied.
As a result of this reserch the authors come to the conclusion about the insufficiency of the introduction of the rules of reasonable Telegram use and the need to ban this platform on the territory of Ukraine, as it was done with Vkontakte and Odnoklassniki platforms (already banned on the territory of Ukraine). After all, only a complete ban on services related to the Russia can protect national security and will not harm the rights of its users to freedom of speech.
The system of subjects of administrative and legal support for the use of individual armor protection by the civilian population
Authors: Strelchenko A. M.
Published: October 2024

In the article, the author describes the subjects of administrative and legal support for the use of individual armor protection by the civilian population. Within the scope of the study, the concept of subjects of administrative and legal support for the use of individual armor protection by the civilian population is defined, it is appropriate to understand it as a system of public administration bodies that, with the help of legal instruments (methods, means, methods and procedures), form and ensure the implementation of state policy in the field of use means of individual armor protection by the civilian population, which is aimed at preserving the life and health of a person in the event of a threat. Subjects of administrative and legal support for the use of individual armor protection by the civilian population are classified by the author according to several criteria, the first of which is the order of formation: a) elected bodies (organizations) – those elected by the Ukrainian people, residents of certain administrative and territorial units, councils of public organizations (the Verkhovna Rada of Ukraine, the President of Ukraine, local self-government bodies, public organizations); b) bodies created according to the order of appointment (the National Security and Defense Council of Ukraine, higher executive bodies – the Cabinet of Ministers of Ukraine, the Ministry of Defense of Ukraine, the Ministry of Internal Affairs, other central bodies of the executive power, the Armed Forces of Ukraine, other military formations formed in accordance to the current legislation of Ukraine); c) bodies created according to the election-appointment procedure (relevant subjects of civil society, in particular, the Public Council under the Ministry of Defense of Ukraine, whose members are elected by representatives of civil society and approved by the Minister of Defense of Ukraine). In addition, according to subject competence and powers, subjects of administrative and legal support for the use of individual armor protection by civilians are classified according to the following criteria: a) bodies of general competence (the National Security Council of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, local self-government bodies); b) bodies (organizations) with special powers (the National Security and Defense Council of Ukraine, the Ministry of Defense of Ukraine, the Ministry of Internal Affairs, the Ministry of Health of Ukraine, the Armed Forces of Ukraine, the National Guard of Ukraine, other military formations formed in accordance with the current legislation of Ukraine, public associations, the legal purpose of which is limited to activities in the field of administrative and legal support for the use of individual armor protection by the civilian population).
Combating corruption offenses and offenses related to corruption through the consolidation of Ukrainian society
Authors: Pylypiv R. M. , Veselova L. Yu.
Published: October 2024

The article is devoted to one of the defining issues of the effectiveness of combating the violation of anti-corruption legislation. The importance of active participation of citizens in various measures to counter corruption offenses and offenses related to corruption is substantiated. It is emphasized that, regardless of the legal framework and system of law enforcement agencies in Ukraine, only the response to the facts of individual corruption offenses takes place in total. The condition of systemic influence on criminogenic factors in this sphere of social relations can only be the formation of intolerance to corruption in society, the establishment of a culture of integrity and respect for the rule of law, combined with an active civil position regarding corruption manifestations. It is emphasized that anti-corruption education, including general secondary and higher levels of education and other legal education measures, should play an important role in the formation of intolerance to any manifestations of corruption. It is noted that the human and material resources of the specially authorized anti-corruption bodies are now sufficient only for periodic and episodic detection and documentation of illegal facts of corruption and corruption-related offenses. Work at the preventive level to identify corruption risks and prevent violations of anti-corruption legislation is not sufficiently effective without the active involvement of broad strata and social groups of the population in this activity. It is claimed that the role of a leader in the issues of forming intolerance to corruption in society, establishing a culture of integrity and respect for the rule of law should be performed by the state, but practically such activity is doomed to remain only a slogan without consolidation of the efforts of the entire population. A general conclusion is made that combating corruption will be effective only under the condition of symbiosis of educational, preventive and repressive activities of specially authorized anti-corruption entities and a consolidated society, in which the population (individual citizens of Ukraine) should act as both a subject and an object of joint activity.
Typology of victims of offenses in the field of traffic safety and transport operation
Authors: Holovkin B. M.
Published: October 2024

The article is devoted to the research of the peculiarities of behavior in dangerous road situations of various categories of victims of motor vehicle crimes. The structural components of a specific road situation and their influence on the behavior of victims of motor vehicle crimes are considered. It is noted that the vast majority of road users who have become victims of motor vehicle offenses underestimate traffic hazards, do not expect a real threat to their own life and health while driving, lose self-control in critical situations and are unprepared for self-rescue. The opinion is expressed that a typical mistake of victims of traffic offenses is counting on the lawful behavior of the opposite side of the road interaction, shifting responsibility for personal safety to other traffic participants. About half of the victims of motor vehicle offenses behave lawfully during traffic, follow the basic rules of caution, but in difficult road conditions, do not apply additional safety measures, although they had the opportunity to do so. A certain part of the victims deliberately takes a high risk due to a gross violation of road safety rules and at the same time mistakenly calculates that they will be able to avoid serious injury or death in critical situations. More than a third of victims do not follow the rules of safe behavior when driving on the roads, because they mistakenly believe that they are not in danger. Given the different nature and orientation of behavior in a specific traffic situation, it is proposed to distinguish disrespectful, self-confident, reckless and neutral victims of traffic offenses. The specifics of the behavior of each type of victim before causing damage to their life or health because of committing criminal offenses against traffic safety and operation of transport are revealed. Contemptuous victims allow violations of traffic rules and at the same time reject for themselves the possibility of getting into a traffic accident with serious consequences, and in critical situations behave helplessly. Self-confident victims create accident situations by their illegal actions, knowingly take a high risk of serious injury or death, and mistakenly expect to avoid serious consequences by relying on their own strength. Careless victims only partially and far from always comply with the norms of safe behavior during road traffic, do not fulfill the mandatory requirements of caution, believe that they are not in danger, and in critical situations mistakenly rely on the help of other road users. Neutral victims of motor vehicle offenses are injured or killed in road accidents because of falling into accident situations not caused by their fault or due to a random coincidence of circumstances.
War crimes: problems of definition and qualification
Authors: Demydova L.
Published: October 2024

The definition of the concept of war crimes is studied in a transdisciplinary course in the close connection of criminal and international law. The author’s position regarding the legal definition of the terms «war», «military conflict», «armed «conflict», «laws and customs of war», «aggression» and their combination is formulated and substantiated.
It has been confirmed that the Rome Statute of the International Criminal Court provides for the definition of war crimes, taking into account Art. 6 of the Statute of the International Military Tribunal in Nuremberg, and recognizes war crimes as gross, serious violations of the laws and customs of war with a significantly expanded list of such violations. And this, taking into account the national interests of Ukraine, is enshrined in Art. 438 of the Criminal Code of Ukraine.
It is proven that wars and armed conflicts: 1) are not identical concepts and it is incorrect to combine them in terms of content, apparently partially; 2) war is a type of military conflict, which is characterized by bilateral use of military force and 3) war can be a military conflict of a non-international character only in the case of civil war, which in the civilized world should be cut off forever through diplomatic efforts and peaceful resolution of conflict problems with respect for rights people and nations.
Focused attention on the need for further terminological improvement of the edition of a number of international documents and Art. 438 of the Criminal Code of Ukraine from the point of view of the further implementation of the principle of the rule of law and its key element - the legal certainty of the norms that determine criminal responsibility for the committed act. The author considers it expedient and offers a way to solve the problem of the correctness of the use of the legal construct «laws and customs of war» in the specified article and in international norms (primarily the so-called «Hague laws» and «Geneva laws»). Opinions are expressed regarding the adoption of a decision at the international level to ban wars as military conflicts of an international nature and any armed conflicts as phenomena unacceptable for humanity, and to criminalize violations of the ban on wars at the national level. The term «aggression» is presented as having a defining psychological component, which calls into question the validity of its use to characterize military conflicts as a type of war.
Content and legal nature of the human right to gender identity
Authors: Dubinchuk O. O.
Published: October 2024

The article is devoted to researching the content and legal nature of the human right to gender identity. It is noted that the right to gender identity is an integral part of human rights. International organizations such as the UN recognize the importance of protecting people’s rights to self-identification. At the same time, ensuring legal protection of gender identity promotes social inclusion and equality, which is extremely important for creating a tolerant and just society where all people can live without fear of discrimination.
It was concluded that the right to gender identity can be understood as a given person the opportunity to self-identify as a representative of a certain sex, to perform actions in accordance with his gender identity regarding the change of biological and/or social sex, as well as to demand from others to refrain from actions that violate this right.
In addition, legal recognition of gender identity has a direct impact on people’s mental and physical health, as research shows that legal protection and support of gender identity reduces stress, depression and suicidal thoughts among transgender people.
It was analyzed that from a legal point of view, gender identity can be considered as a good, an object of the corresponding personal non-property right, characterized by the following components: 1) self-determination of a person as a representative of a certain gender; 2) gender self-expression through the so-called social manners of gender (name, appearance, manner of behavior, clothes, accessories, etc.), which creates a holistic perception of a person as a representative of the corresponding gender.
It is noted that the European Court of Human Rights has unequivocally established a positive obligation for European states to ensure legal recognition of gender. However, when it comes to the practical implementation of this obligation, it is necessary to carefully evaluate the procedures for their compatibility with human rights. This section will help when working on amendments or new gender recognition legislation by explaining the guidelines for developing procedures, the requirements and implications of the law, providing information on case law and relevant human rights standards, and identifying common problems.
The genesis of pardon in Ukraine and the European Union Member States
Authors: Duda M.
Published: October 2024

This article is devoted to the historical and legal study of the origin and evolution of the institution of pardon in Ukraine and the European Union Member States. The author analyses the emergence of pardon in ancient Rome, its social and political role. The author points to the existence of three main forms of pardon in the Roman Empire: abolition, intercession and indulgence. The author emphasises the impact of the reception of Roman law and the growing role of the Roman Catholic Church on the establishment of the right of pardon as an element of the absolute power of the monarch in medieval Europe. Attention is drawn to the established tradition of pardoning convicted persons on the occasion of significant religious or state events. The author points out that the right to pardon is legally enshrined in the legislative collection ‘Siete Partidas’ in the Kingdom of Spain and to the modern subjects of pardon in the said State. The author analyses the evolution of the pardon procedure, in particular, with regard to the participation of not only the head of state, but also other subjects, including the Minister of Justice, in order to ensure a greater level of political neutrality. The features of pardon in medieval Italy, the transfer of this right from the city councils to the monarch along with the establishment of the seigniorial regime are highlighted. The author also describes the practice of using pardoning charters and letters in medieval France, Portugal, the Netherlands, Luxembourg, Belgium and Italy. The article outlines the stages of development of the legal institution of pardon in the Ukrainian lands during the times of the Grand Duchy of Lithuania, the Polish-Lithuanian Commonwealth, and the Cossack Hetmanate. The paper analyses the procedure for granting pardons in Ukraine during the Soviet occupation, namely, the vesting of this right not in a sole head of state, but in a collective body - the Presidium of the Verkhovna Rada of the Ukrainian Soviet Socialist Republic. The article highlights the right to pardon granted to the President of Ukraine after the restoration of independence, which is enshrined in the Constitution of Ukraine. The author reveals the special role of the institution of pardon for persons sentenced to life imprisonment.
Intentional actions aimed at assisting the aggressor state (aiding and abetting) – the main forms in judicial practice
Authors: Dopiriak B. P. , Zahynei-Zabolotenko Z. A.
Published: October 2024

The article highlights the issues of expediency of the provision on aiding the aggressor State contained in Article 111-2 of the Criminal Code of Ukraine through the prism of analysis of final court decisions made under this Article. The author identifies various forms of  aiding the aggressor state, which are grouped and conditionally named “charitable”, “whistleblowing”, “resource”, “currency”, “information”, “educational”, “official”, “entrepreneurial” forms of aiding the aggressor state. The analysis of all the identified forms of aiding the aggressor state shows that each of them primarily falls under one of the forms of collaboration. For example, “educational” aiding and abetting the aggressor state is covered by such a form of collaboration as the implementation of the aggressor state’s education standards (Article 111-1, paragraph 3), and “whistleblowing” aiding and abetting, if it is effective, when, as a result of providing information, in particular, about law enforcement officers, military personnel of the armed forces of the Russian Federation have committed ill-treatment of such officers, the actions of the citizen of Ukraine who provided the relevant information should be qualified as an accomplice to the violation of the laws and customs of the armed forces. It is stated that in the most general sense, any of the above forms of aiding the aggressor state is covered by such a form of treason (Article 111) as assisting a foreign state, foreign organization or their representatives in conducting subversive activities against Ukraine. The author points out that the qualification is incomplete when the actions of Ukrainian citizens who were appointed to the relevant positions by the occupation administration of the aggressor State are not subject to a separate criminal law assessment. The author proves that such actions should be qualified under parts 2, 5 or 7 of Article 111-1). As a result, the author concludes that the existence of Article 111-2 in the Criminal Code of Ukraine is an example of ill-considered criminal law policy and excessive criminalization.
Prevention of crime (criminal offenses) in the field of security activities
Authors: Likhovitskyi J. O.
Published: October 2024

The article explores the concept of crime prevention (criminal offenses) in the field of security activities, providing a characterization of the directions and measures of its prevention. Various approaches to understanding these definitions are examined, taking into account the experience of Ukrainian scholars in classifying crime prevention measures.
Based on a general theoretical analysis of approaches to understanding the concept of «crime prevention» and defining its content, establishing the main crime prevention measures with their characteristics, as well as studying the system of crime prevention measures (criminal offenses) in the field of security activities and approaches to their classification, the author concludes that crime prevention is a multi-level socio-preventive activity aimed at eliminating and hindering the action of determinants or preventing the commission of acts at various stages of criminal manifestations that lead to the emergence of a certain type of crime, with the aim of ultimately overcoming it.
The main goal and directions of crime prevention (criminal offenses) in the field of security activities in Ukraine are to create a positive, socially acceptable activity for individuals, introducing into their consciousness a correct, socially recognized understanding of criminal offenses and fostering intolerance towards their commission.
General social crime prevention (criminal offenses) in the field of security activities includes a complex of measures conducted by state bodies, public organizations, and other entities aimed at reducing conflicts and stabilizing socio-economic, political, moral-psychological, and legal relations within the state and society.
Special criminal crime prevention (criminal offenses) in the field of security activities includes a system of special government agencies that act to influence criminogenic factors, as well as identify the causes and conditions of committing criminal offenses in this sphere and take measures to eliminate them.
Individual preventive work in the field of security activities includes early individual prevention, direct individual prevention, and post-criminal prevention.
Criminal law assessment of domestic violence: moral and psychological basis of criminal offenses related to domestic violence
Authors: Predmestnikov O. G. , Bekhter A. R.
Published: October 2024

The ideological basis of the article is devoted to the socio-legal issues of the structural component of society, namely, the family. The authors identify the qualifying criminal law aspects of domestic violence in Ukraine in order to highlight the trends of illegal, violent, domestic behaviour. Distinguishing between various forms of domestic violence, the authors focus on the phenomenon of gender in the system of classification of violent acts.
The authors highlight the psychosomatic impact on the individual’s body as a result of active and/or passive unlawful acts. Based on national legislation and international legal acts, the authors describe the likelihood of criminal liability for domestic violence. In addition, the authors outline the methods for determining the manifestations of violence in the family as a structural unit of society and the principles of prosecution based on the current legislation of Ukraine, in particular, criminal law.
Domestic violence is a complex social and multifaceted phenomenon that affects the moral and psychological background and requires careful analysis. Criminal law assessment of this phenomenon should take into account not only legal norms, but also moral and psychological factors of influence of persons who commit them on the victim. The analysis of the moral and psychological aspects of criminal offenses related to domestic violence allows for a better understanding of motivational mechanisms, mental disorders, personal characteristics of offenders, including psychological trauma, social norms, cultural institutions and personal experiences. A very important aspect is that many cases of domestic violence are concealed due to fear of the victim, social pressure or distrust of law enforcement.
This phenomenon encompasses various forms of violence, such as mental violence, physical coercion, economic violence, sexual coercion, and has a significant impact on the legal system and society as a whole. The legislation of many countries provides for special rules that qualify domestic violence as a separate criminal offense. In Ukraine, for example, this is provided for in Article 126-1 of the Criminal Code of Ukraine, which defines criminal liability for this phenomenon.
Thus, the criminal law assessment of domestic violence should be comprehensive, including both moral and psychological aspects, as well as legal aspects to ensure effective protection of the rights of victims and fair punishment of offenders.
The purpose of the research is to provide a legal and sociological definition of the terminology of domestic violence and its features, to compare the legislation of different countries on domestic violence, and to identify psychosomatic manifestations of violent acts in the family. Formation of personal proposals and conclusions based on the conducted socio-legal research in order to prevent and counteract various forms of domestic violence.
Genesis of the legal status of convicts during the time of independent Ukraine
Authors: Kondratov D. , Puzyrna N. , Olefir L.
Published: October 2024

The article is devoted to the study of the genesis of the legal status of convicts during the time of Ukraine’s independence. The authors indicate that the relations between the state and those sentenced to imprisonment for a certain term and life imprisonment, as well as between the convicts in their environment and with other persons in the state-organized society, must be established by the state in a legal form - in the form of rights , freedoms and obligations. It is the observance of the rights of convicts that is given considerable attention by international organizations, as evidenced by the decisions of the European Court of Human Rights regarding non-observance of certain elements of the legal status of convicts in Ukraine. The authors believe that the question of analysis of changes in the legal status of convicts during the time of independent Ukraine is relevant.
The authors indicate that in the science of criminal enforcement law, the legal status of convicts consists of three components, namely subjective rights, obligations and legal interests. Within the scope of their article, the authors consider only two components, these are subjective rights and duties.
As the subjective rights of those convicted of various types of criminal punishments in the science of criminal law, the authors see the possibility, provided for by law and directly guaranteed at the state level, of certain behavior of the convicted person or his use of certain benefits, the implementation of which is entrusted to the officials of institutions for the execution of punishments and is fixed by their obligations and those of other subjects of legal relations arising in the process of execution and serving of criminal punishments.
As the duties of the convicted person, the authors consider the rights established in the mandatory and prohibitive norms: the measure of the necessary behavior of the convicted person while serving the sentence, which ensures the achievement of the goals of the punishment, maintenance of law and order during its serving, observance of the rights and legitimate interests of the convicted person himself , as well as other persons.
Having conducted an analysis of the Correctional Labor and Criminal Enforcement Legislation, the authors came to the conclusion that the given analysis of only two components can be asserted that during the 30 years of Ukraine’s independence, the national legislation paid attention only to its liberalization, paying attention in the vast majority to the rights of convicts without changing the approaches that reforming the system of their duties.
Status of implementation of the right to health care and medical assistance in accordance with European standards by persons serving punishments in the form of deprivation of liberty in Ukraine
Authors: Yermak O. , Puzyrnyi V.
Published: October 2024

Provisions of Articles 1 and 3 of the Constitution of Ukraine define the priority duty of the state to ensure and realize the rights and freedoms of a person and a citizen, and therefore one of the most important aspects of the formation of a legal social state is the creation of effective national mechanisms for regulatory and legal protection of the right to health care of individuals, who are serving prison sentences, as well as effective law enforcement (implementation of legal norms) in the field of penitentiary medicine. The article is devoted to one of the actual practice-oriented problems of modern criminal-executive law of Ukraine – the analysis of the state of implementation of European standards regarding the provision of medical care to persons sentenced to imprisonment.
The authors dwell on some problems of the right to a proper and sufficient level of medical and sanitary support for convicts serving a prison sentence. In particular, attention is drawn to the state of legality and discovered by the prosecutor’s office violations of the constitutional rights of those sentenced to imprisonment for health care and proper medical care, which lead to a threat to the health and life of the patients themselves and to the threat of infection with infectious diseases of other convicts serving their sentences in the form of deprivation of liberty in one correctional institution of the State Criminal-Executive Service of Ukraine, which are equated according to Article 3 of the Convention on the Protection of Human Rights and Fundamental Freedoms to torture and inhuman treatment.
On the other hand, a number of problems remain unsolved in the field of health care of prisoners sentenced to imprisonment, who are serving their sentences in correctional colonies and pretrial detention centers of the State Criminal-Executive Service of Ukraine.
An indisputable positive achievement of domestic penitentiary medicine is the tendency to bring national mechanisms of legal regulation of criminal-executive relations in the field of health care of prisoners to accordance with European standards and the practice of the European Court of Human Rights.
Definition of the concept of fraud in the field of banking
Authors: Ryzhenkova K. V.
Published: October 2024

In the article the author examines the acts which are considered to be fraudulent in the field of banking. The purpose of the study is to define the concept of fraud in the field of banking, the acts which are related to it, and to formulate proposals to the Criminal Code of Ukraine based on a thorough analysis of the provisions of current criminal law and scientific sources.
The author notes that fraud in banking poses a threat to banking in particular and the economy in general, since their commission entails rather serious negative consequences and affects the entire financial and economic security of the State.
To ensure the efficient operation of banking institutions and their financial security, it is necessary to develop and implement an effective fraud detection and prevention system. This includes the use of advanced software solutions and compliance with security standards when working with electronic payment systems, identifying potential threats and using appropriate measures to prevent and deter fraud in the banking sector.
The article notes that in order to effectively prevent fraud in the banking sector, it is necessary to first understand its essence, define the definition of this concept and generally characterize the actions which are the objective side of criminal offenses related to the commission of the analyzed types of fraud. On the basis of a thorough legislative, regulatory and scientific study and harmonization of the very definition of «fraud in the field of banking», the author proposes amendments and proposals to the Criminal Code of Ukraine.
Based on the scientific analysis of the definition of the concept under study, it can be concluded that frauds committed in the banking sector include the following acts: frauds with bank accounts, frauds with credit cards, frauds related to forgery of documents for obtaining loans, as well as illegal actions by bank employees which result in fraudulent actions.
Discharge from criminal liability in view of reconciliation of the offender and the victim (Art. 46 of the CC of Ukraine): analysis of legal positions of the Supreme Court
Authors: Fedorovych N. A. , Sen I. Z.
Published: October 2024

The article analyzes the positions of the Supreme Court regarding discharge from criminal liability in view of reconciliation of the offender and the victim. It is noted that the interpretation of the conditions of the discharge, namely the commission of a first-time minor offence or reckless minor crime, is not controversial and the judicial practice in this case is unanimous. Instead, it is stated that the interpretation of the grounds for the specified type of discharge in judicial practice contains contradictions, and there are also issues that are still unresolved. It is stated that the legal positions regarding the understanding of the concept of «reconciliation» are consistent. It is noted that the death of the victim excludes the possibility of reconciliation, however, the issue of the possible expression of the will to reconcile by a minor, juvenile, incapacitated or limitedly capable victim remains unresolved. Decisions of the Supreme Court in cases of discharge from criminal liability under Art. 46 of the Criminal Code of Ukraine for an offender who has committed a criminal offence against public order are mentioned. It is noted that there is no unambiguous answer as to whether this type of discharge is possible in criminal offenses that cause or pose a real threat of causing significant harm not only to individuals, but also to the public interest, nevertheless, the possibility of applying this type of discharge in such cases has not been denied. It is concluded that in cases where the criminal offence has not caused harm or damages, application of Art. 46 of the Criminal Code of Ukraine is possible without establishing the specified ground for discharge. It is specified that reimbursement of damages or elimination of harm may be incomplete upon agreement with the victim. It is noted that the issues of the victim’s ability to refuse compensation, as well as to reach an agreement on reimbursement in the future, remain unresolved. The authors also mention the positions of the Supreme Court stating that discharge from criminal liability in view of reconciliation of the offender and the victim is a mandatory type of discharge.
Illegal sale of narcotic drugs using electronic information resources: problems of qualification
Authors: Shevchenko T. V.
Published: October 2024

In recent years, due to the pandemic and the war in Ukraine, the situation has only worsened, so the article is devoted to the problematic issues of the gap in the law on criminal liability regarding the strengthening of criminal liability for the illegal sale of narcotic drugs, psychotropic substances, their analogues by contactless means. The article draws attention to the problem of modernization of the sale of narcotic drugs, psychotropic substances and their analogues through the use of electronic information resources («marks», contactless sale). The analysis of previous publications on the specified topic was carried out and the opinion of scientists regarding further scientific developments regarding the non-contact method of distribution of narcotic drugs was taken into account. The disposition of Art. 307 of the Criminal Code of Ukraine has not changed for more than twenty years, although we know that crime is constantly changing and adapting to new conditions for effective illicit enrichment, which is the focus of the article. The author provides examples of the negative impact of using a special, so-called, contactless method or the method of «marking» the sale of drugs. Examples of judicial practice and peculiarities of qualification by the «mark» method are considered. In addition, the article analyzes foreign legislation, namely the Criminal Code of the Republic of Kazakhstan, and provides an example of how to solve the problem by strengthening criminal liability. According to the Criminal Code of the Republic of Kazakhstan, illegal sale of drugs through the use of electronic information resources is a particularly qualifying circumstance and provides for a penalty of imprisonment from ten to fifteen years with confiscation of property. Under national law, in the absence of other qualifying circumstances, such actions of the perpetrator should be qualified under Part 1 of Article 307 of the Criminal Code of Ukraine, where the sanction of the article is much less than under the qualifying circumstances. Therefore, the article concludes that it is advisable to amend Article 307 of the Criminal Code of Ukraine, namely, the need to enhance criminal liability for the sale of narcotic drugs, psychotropic substances and their analogues through the use of electronic information resources.
Analysis of the essence of public service social protection: theoretical and legal foundations
Authors: Gavrilyuk V. O.
Published: October 2024

The scientific article analyzes in detail the theoretical foundations of social protection of public service workers, which is a key element of ensuring the efficiency and stability of public administration. The author presents a wide range of approaches of scientists regarding the interpretation of the content of social protection and public service, which allows us to identify the main conceptual approaches and their evolution in the scientific literature. A comprehensive study of the constituent elements that determine the specifics of social protection of public service workers was conducted. In particular, such aspects as legal guarantees, material support, ensuring health and safety at the workplace, social insurance, pensions, professional development and other forms of support provided to public service employees to ensure their well-being and effective performance of official duties were considered.
The author made a general theoretical characterization of the essence of this legal category, which includes an analysis of its structural elements and their interrelationship. The constituent elements of the essence of social protection of public service workers are disclosed and characterized. An analysis of the legislative acts that guarantee the protection of the rights of public service workers, including their right to fair wages, decent working conditions and social benefits, has been carried out. Mechanisms of material assistance, including wages, bonuses, additional payments and other types of financial support, were studied.
An analysis of the social insurance system, which provides medical assistance, insurance in case of illness, accident or disability, was carried out. In addition to theoretical analysis, the article contains practical recommendations for improving the system of social protection of public service employees in the context of modern challenges and reforms taking place in public administration. The importance of creating an effective social protection system for increasing the motivation and productivity of employees, which, in turn, contributes to the general improvement of the functioning of the state apparatus, is highlighted. The scientific article provides a comprehensive analysis of social protection of public service workers, combining theoretical approaches and practical recommendations, which makes it an important contribution to the development of legal science and practice in this area.
The concept and structure of the criminalistics characterization of illegal employment in fish, game or other aquatic extractive industries
Authors: Kutsyi V.V.
Published: October 2024

The article defines the concept of criminalistic characteristics of illegal employment in fish, game or other water extractive fishing and outlines its main structural elements. The opinions of the leading criminologists regarding the essence of the criminological characteristics are highlighted, and a proper concept was formed based on them. In the course of the study, it was determined that the forensic characterization of illegal employment in fish, game or other water extractive fishing should be understood as an organized collection of forensic information on significant typical features that distinguish the criminal offense provided for in Art. 249 of the Criminal Code of Ukraine from other criminal offenses and determine the system of operative and investigative measures and procedural actions aimed at his detection and the fulfillment of the tasks of criminal proceedings provided for in Art. 2 of the Criminal Procedure Code of Ukraine during the investigation.
All elements of forensic characteristics are interdependent, the detection of internal connections allows, knowing one element of the criminal offense system, to gain knowledge about some other elements and ultimately to uncover a criminal offense. The content of the forensic characterization should include the features of the methods and traces of the relevant types of criminal offenses, the circumstances characterizing the participants in criminal illegal acts and their illegal connections, the objective side, time, place, conditions of committing criminal offenses, the object of the offense and relationships connection of the listed factors. That is why, the elemental-component structure of the criminalistic characterization of the criminalistic characterization of illegal employment in fish, game or other aquatic extractive industry, as a data system based on the practice of law enforcement agencies and forensic research, includes: 1) the subject of criminal encroachment; 2) the setting of the crime and the trail picture; 3) ways of committing; 4) information about persons who have committed a criminal offense (identity of the offender).
The specified elements most accurately reveal the content of forensic characteristics in the process of developing a methodology for investigating illegal fishing, animal or other water extractive fishing.
Features of forensic commercial expertise of jewelry products
Authors: Malyarchuk O.
Published: October 2024

The article examines the peculiarities of conducting a forensic commodity examination of jewelry, which is appointed when it is necessary to investigate their value and other characteristics in such legal processes as civil, economic, administrative, criminal, as well as in case of violation of customs rules. The concept of «jewelry» is revealed in several aspects: as objects of commodity science, gemological examination, research of precious metals and alloys; their types depending on the materials of manufacture. The main categories of forensic examination of jewelry are considered: subject, objects of examination, tasks, methods and stages of research. The tasks of this research are classified into three groups: identification, classification, and diagnostic. The analysis of research tasks and methods is based on the demonstration of expert actions with precious products as a whole and their individual components - inserts, precious metals, precious stones, as well as accompanying documents. Based on the analysis of expert practice, methods of expert research of jewelry were determined, which include: organoleptic, instrumental (measuring), calculation methods, express method, value method of research. Taking into account that in order to conduct research on jewelry, the expert faces the task of determining the type, mass, quality and cost of the components and the product as a whole, the type of precious stone, precious metal, its content in the product, in practice a comprehensive examination is prescribed. A commodity expert, a gemologist and a specialist in metals and alloys are involved in conducting this expert study. It has been found that the stages of forensic examination of jewelry appear as a general structural and logical scheme of expert research. The main stages are defined as: preliminary inspection of the jewelry and analysis of accompanying documentation; research and analysis of the facts obtained by the expert; diagnostics of stones, metals regarding the study of inserts, etc.; documentation of an expert opinion. In order to improve the process of investigation of criminal offenses where jewelry is the object of the criminal offense, the main features of the forensic examination of the relevant jewelry are summarized.