bluuebunny/crossref_metadata_2025_split huggingface dataset:
Administrative and legal protection bodies: problematic issues regarding the classification of law enforcement authorities
Authors: Shestopalov R. 
Published: April 2022

The article analyzes the main approaches to the classification of law enforcement agencies, as well as the allocation of a separate category of administrative and legal protection.
It is argued that recently in our country the issue of reforming law enforcement agencies has become increasingly acute, without the solution of which the effective operation of these state institutions is impossible.
It was found that democratization of public relations, constitutional reform, intensification of European integration processes, improvement of legislation to strengthen the protection of civil rights and freedoms necessitate a clear definition of the theoretical nature of the legal status of law enforcement agencies. However, despite the study of the peculiarities of the law enforcement system of Ukraine and their legal status in the works of modern scientists, this issue can not be attributed to be resolved at the theoretical and methodological level. After all, most of them are analyzed in general by law enforcement agencies, provide a certain classification model, without considering the specific types of law enforcement agencies, including administrative and legal protection, which is the relevance of this study.
It is concluded that the bodies of administrative and legal protection should include those bodies that directly perform law enforcement functions, control and supervisory functions in various spheres of public relations, without taking into account their powers to use state coercion. It follows that this category can include a significant number of public authorities. In this regard, we can point to such bodies as: State Customs Service of Ukraine, State Border Guard Service of Ukraine, State Migration Service of Ukraine, State Audit Office of Ukraine, State Financial Monitoring Service, Antimonopoly Committee of Ukraine, National Agency for Prevention of Corruption etc.
Prospects for further study of the outlined issues should be considered the possibility of distinguishing within the category of "bodies of administrative and legal protection" varieties of such bodies, according to the criterion of public relations.
Methodological tools for studying the legal status of convicts sentenced to deprivation of liberty for a fixed term in conditions of reforming (development) of the penitentiary system of Ukraine
Authors: Bohdan Y.M. 
Published: April 2022

The article identifies methodological tools for studying the legal status of convicts sentenced to deprivation of liberty for a fixed term in conditions of reforming (development) of the penitentiary system of Ukraine.
Summarizing scientific approaches to the methodological tools for studying the legal status of convicts sentenced to deprivation of liberty for a fixed term, three paradigms of methodology of future penitentiary science are identified, the task of which is to explore the full range of problems of execution and serving punishments in Ukraine.
Thus, the first paradigm for studying the legal status of convicts sentenced to deprivation of liberty for a fixed term is presented by the works of penitentiary scholars, as a certain methodological tool through which the problems of penitentiary science were studied. At the same time, the relevant methodology was based on materialist dialectics, special research methods in this field, which together created the basis for criminal-executive science.
The second paradigm for studying the legal status of convicts sentenced to deprivation of liberty for a fixed term is based on the theory of knowledge of the problem and determining ways to solve it. Given the fact that the legal status of convicts sentenced to deprivation of liberty for a fixed term was first enshrined in the new Criminal and Executive Code of Ukraine (Article 7), the methodological tools of our study should be based on understanding that the state respects and protects rights, freedoms and legitimate interests of convicts in places of detention.
The third paradigm for studying the legal status of convicts sentenced to deprivation of liberty for a fixed term, in contrast to the above approaches, should be multifaceted, given that the subject of our study is directly related to the methodology of other sciences, including criminal law, criminology, civil and family law, etc.. Therefore, the multifaceted knowledge of the legal status of convicts sentenced to deprivation of liberty for a fixed term may include a system of methods of scientific knowledge in solving their specific tasks to implement the legal status of convicts.
It is concluded that the methodology of studying the legal status of convicts sentenced to deprivation of liberty for a fixed term is a system of organized special methods (general scientific dialectical method of cognition, historical method, system-structural method, comparative-legal method, logical-legal method, etc.) of penitentiary science, which is considered through the prism of techniques and means of scientific knowledge used by the staff of penal institutions in working with convicts in determining their subjective rights, legitimate interests and legal duties.
Medical and sanitary provision of convicts in places of detention in the mechanism of exercising the right to health care
Authors: Tiuftii S.M. 
Published: April 2022

The article reveals the place of medical and sanitary provision of convicts in places of detention in the mechanism of exercising the right to health care. It is noted that in accordance with current legislation and international standards in the mechanism of exercising the right to health care, the state is responsible for the life and health of persons under its control, regardless of their legal status.
An analysis of national legislation and international documents in the field of protection of the right of a convict to adequate medical care in places of detention showed that medical care for convicts in places of detention should be provided and organized by the administration of penal institutions according to such quality standards and high professional level used in health care facilities outside places of detention.
It was stressed that the Ministry of Justice of Ukraine, as the successor of the State Penitentiary Service of Ukraine, announced a number of initiatives in the field of execution of criminal penalties, including improving the functioning of the state institution «Health Center of the State Criminal and Executive Service of Ukraine».
However, the attempts of the Ministry of Justice to make positive changes in this system should be properly perceived by both convicts and staff of penal institutions. Unfortunately, they are not accepted, as there is no clear algorithm of actions of the medical service of the penal institution for medical care of convicts in places of detention.
That is why, at present, among the many problems in the functioning of the penitentiary system of Ukraine, the issue of proper medical care of convicts in the mechanism of exercising the right to health care remains on the sidelines.
Thus, despite the rather extensive regulation of the rights of convicts to health care, the Ministry of Justice of Ukraine is still unable to ensure the implementation of its commitments in the field of human rights. This is confirmed by numerous judgments of the European Court of Human Rights, which confirm the systematic violation of Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms in the context of effective and timely medical care in prisons.
The author’s definition of medical and sanitary provision of convicts in places of detention is formulated – the mechanism provided by the current legislation and guaranteed by a democratic society for the exercising of the convict’s right to health care through the application of medical and sanitary and health prevention measures, as well as a combination of free and paid forms of medical care in accordance with international standards and procedures in this area.
The regulatory and legal provisions regarding special and criminological preventions of a power abuse by persons providing public services
Authors: Chernysh V.V. 
Published: April 2022

The article highlights the issue of determining the place of measures of special and criminological prevention of criminal offences in the system of measures of criminological counteraction to socially dangerous and criminally punishable acts, as well as outlines the conceptual views of criminologists in scientific criminological doctrine on this issue.
Emphasis is placed on the priority of criminological measures for crime prevention in society. The connection between effective preventive measures and consistent special criminological policy is revealed. Its development and measures for its implementation have a central place in the social policy of any developed country, in particular, in the field of public services.
It is emphasized that there is no criminological study of regulatory and legal support for special and criminological prevention of one of the most latent criminal offences under Article 3652 of the Criminal Code of Ukraine, namely, abuse of power by persons providing public services.
Thus, the author gives a central place to special criminological measures to prevent crime in the system of measures of criminological counteraction on the basis of their effective impact in reducing the harmful effects of determinants. The definition of this type of precautionary activity is given.
As a result of the study, it is concluded that the proper regulatory support of the activities of entities exercising control powers in the relevant field, regulating the relevant public relations for the provision of certain public services, is a determining factor in the effective prevention of the crime under investigation.
The author's approach to understanding the system of special and criminological measures to prevent this criminal offence, which are enshrined in regulations governing the activities of both public service entities, defined by the disposition of the relevant article of the law on criminal liability, and entities that exercise control powers or regulate the relevant areas of public services, is offered.
Problems of criminal responsibility for violation of patient rights in the field of conducting clinacal trials of drugs
Authors: Starko O.L. 
Published: April 2022

The article is devoted to the problem of criminal liability for violation of patients&apos; rights in the field of clinical trials of medicines.
The norms formulated in Articles 141 and 321-2 of the Criminal Code (hereinafter - the CC) of Ukraine are studied. It is established that the name of Art. 141 of the Criminal Code of Ukraine is unfounded in terms of the rules of legislative technique. The ambiguity of the phrase " violation of the patient&apos;s rights" does not reflect the content set forth in the disposition of Art. 141 of the Criminal Code of Ukraine prohibition. The list of patient rights is quite wide. However, the disposition of the article prohibits only three types of violations of patients &apos;rights, which can occur only in one of the possible areas of violations of patients&apos; rights, namely in the field of clinical trials of medicines. In particular, liability is provided for: 1) for conducting clinical trials of drugs without the written consent of the patient or his legal representative; 2) for conducting clinical trials of medicinal products in relation to a minor; 3) for conducting clinical trials of drugs against incapacitated. In this case, liability arises only in the event of socially dangerous consequences (death of the patient or other serious consequences).
Article 321-2 of the Criminal Code of Ukraine “Violation of the established procedure for pre-clinical studies, clinical trials and state registration of medicinal products” also provides for liability for violation of the procedure for clinical trials of medicinal products, but without causing death, other serious consequences (Part 1 and 2 Article 321-2 of the Criminal Code of Ukraine). However, sanctions under Art. 141 and Part 1 of Art. 321-2 of the Criminal Code of Ukraine are the same, and under Part 2 of Art. 321-2 of the Criminal Code of Ukraine - stricter.
It is established that in part 3 of Art. 321-2 of the Criminal Code of Ukraine actually provides for liability for the same actions as in Art. 141 of the Criminal Code of Ukraine. However, the punishment under Part 3 of Art. 321-2 is much stricter than under Art. 141 of the Criminal Code of Ukraine. Emphasis is placed on the fact that there is competition between norms, in which more socially dangerous acts (which are provided for in Article 141) are punished less severely.
Soundly the expediency of removing Art. 141 of the Criminal Code of Ukraine with the Criminal Code of Ukraine, as well as differentiation under Art. 321-2 of the Criminal Code of Ukraine liability for an act that is in gross violation of the order of clinical trials of drugs, led to the death of the patient.
Legal guarantees of equality in Ukraine: individual issues of implementation
Authors: Ilchenko S.Y. 
Published: April 2022

The article reveals the general characteristics of the content of legal guarantees of equality in Ukraine. The relevance of the publication is due to the need to develop effective mechanisms to counteract discrimination, to prevent cases of unequal treatment of certain persons, depending on certain signs and circumstances. The purpose of the article was to establish the content of general means provided for in the legislation to ensure equality of rights and freedoms of citizens, to form conclusions aimed at compliance with international standards for ensuring the proper implementation of human rights, in particular during criminal proceedings. The prerequisites for the formation of this goal were modern problems that arise in ensuring the rights and freedoms of individuals. The work was carried out on the basis of the use of general scientific and special methods of scientific knowledge. Among the general scientific methods, in particular, the system-structural method, the method of functional analysis were used, among the special ones – formal-legal, logical-procedural methods, the method of Comparative Law. The main legislative norms related to the topic of publication are analyzed. The paper proves that the formation and reflection of the idea of equality in the normative legal acts of our country was influenced by the provisions of the Universal Declaration of human rights, the convention for the protection of human rights and fundamental freedoms, the International Covenant on civil and political rights, and other international documents.
The disclosure of the content of legal guarantees on equality, enshrined in the legislation of our country, prompted the formation of such conclusions:
- the main ideas of equality are reflected in Articles 21 and 24 of the Constitution of Ukraine and other legislative acts – in particular, the civil, criminal and criminal procedure codes;
- in Ukraine, the regulation of general provisions on equality between people took place in compliance with international standards in the field of ensuring individual rights and freedoms. Since 1948, the Universal Declaration of human rights and other international legal acts have had and continue to have a significant impact on this process;
- any features of criminal proceedings, if they are not aimed at eliminating legal or factual inequality in opportunities for a person or group of persons, have signs of discrimination.
Problem issues of group hooliganism pre-trial investigation
Authors: Knyazev Y.V. 
Published: April 2022

During the pre-trial investigation of qualified hooliganism, the investigator must find out all the circumstances of the committed crime, identify the persons involved and correctly classify their actions. In order to perform these tasks, it is necessary to skillfully put forward investigative versions, conduct a number of investigative (search) actions, in particular, interrogations, searches, inspections, appointing examinations, conducting covert investigative (search) actions, etc.
The purpose of the article is to critically review the problematic issues that arise during the pre-trial investigation of qualified hooliganism. The objectives of the study are to establish the distinguishing features between the witness and the accomplice of group hooliganism, to determine areas for improving the process of pre-trial investigation of the facts of qualified hooliganism.
The methodological basis of the study coversthe general scientific and special scientific methods and techniques of scientific knowledge (systemic, formal-logical, structural-functional, sociological, axiological). The involvement of these methods made it possible to conduct a theoretical and applied analysis of the facts of group hooliganism; to carry out content analysis of legislative acts, scientific publications and criminal proceedings, etc.
Peculiarities of video surveillance from video surveillance cameras, use of such video as a means of proof in criminal proceedings are considered. Attention is paid to definition of the factors influencing activity of the investigator during pre-trial investigation on the facts of hooliganism.
It is concluded that when delimiting the joint actions of participants in qualified hooliganism, the subjects of criminal procedure should take into account such active or passive actions as: incitement, provoking the beating of victims, not responding to cries of strangers to stop beating, ignoring actions to stop hooliganism, etc.
It is determined that the most characteristic during the investigation of criminal proceedings on the facts of group hooliganism is the conduct of forensic portrait examination, examination of cold steel and other instruments of crime. The necessity of conducting psychiatric, psychological and narcological examinations of suspects is substantiated, which in some cases makes it possible to establish the key circumstances of the mechanism of the crime and the features that characterize the identity of the delinquent.
It is stated that the investigation of group hooliganism is a complex, multifaceted activity to establish all the circumstances of a crime committed within the statutory period.
The concept and legal nature of the category of «suspicion»
Authors: Misechko M.M. 
Published: April 2022

The article is devoted to the study of problematic issues of understanding the criminal procedural category of «suspicion». Taking into account the complexity of this category, some existing interpretations of the category of «suspicion» in the scientific literature have been identified, and their legal nature has been established. A comprehensive approach to understanding the suspicion is proposed, taking into account the complexity of this category and its analysis in the criminal procedural sense.
Examining the theoretical concepts of suspicion that meet modern requirements for the detection and investigation of crimes on the one hand, and protection of the rights and legitimate interests of a person suspected of criminal proceedings - on the other, it is determined that: suspicion is an institution of criminal procedure the whole set of criminal procedural norms that regulate public relations arising in the process of investigating crimes, between persons authorized to prosecute and persons involved in the commission of a crime (suspects), and aimed at establishing the truth in criminal proceedings; the suspicion is the assumption, based on the available data in the case, about the attitude of a person to the commission of a crime, which has not yet found final evidence and confirmation, in connection with which its essence is questioned by the investigator and / or prosecutor who nominated him; the suspicion is the stage (stage) of the pre-trial investigation that precedes the indictment.
Due to the lack of legal definition of the concept of «suspicion» in domestic law, it is proposed to supplement Art. 3 of the CPC of Ukraine, item 13-1, reads as follows: suspicion is an assumption of an investigator and / or prosecutor about a person's involvement in an act that contains signs of a criminal offense, expressed in the relevant procedural decision and substantiated by available materials in criminal proceedings. for the purpose of confirmation or refutation.
On the issue of returning to the prosecutor a petition for the application of compulsory medical measures
Authors: Tyshchenko O.I. 
Published: April 2022

In preparatory proceedings, the court has the right to return to the prosecutor a petition for the application of compulsory medical measures (hereinafter referred to as CMM) in case of non-compliance with the requirements of the Criminal Procedure Code of Ukraine (hereinafter – CPC). The article highlights and discusses the typical shortcomings of a petition for the application of CMM, which became the basis for its return to the prosecutor. At the same time, the scientific analysis of the identified shortcomings of this final document was carried out in the context of the modern approach of judicial practice, which is that the return of a petition for the application of CMM to the prosecutor does not imply a formal non-compliance of such an act with the requirements of the law, but the presence of shortcomings that prevent the court from ordering a trial. Thus, based on the results of the scientific analysis, it is concluded that there are no such procedural errors, the elimination of which is possible only in the format of returning a petition for the application of CMM to the prosecutor. At the same time, attention is focused on the expediency of eliminating the shortcomings of a petition for the application of CMM in the preparatory proceedings by postponing the hearing and giving the prosecutor the opportunity to adjust the content of the petition for the application of CMM and submit an updated version at the next hearing. To some extent, this is facilitated by the lack of a clearly defined deadline for the completion of the preparatory proceedings.
It is stated that the return of the petition to the prosecutor a petition for the application of CMM increases the terms of criminal proceedings without objective necessity, given the lack of time limits in the law to return the amended petition to court. At the same time, it is noted that in the perspective of considering this petition, the court appoints CMM, therefore, the untimely appointment of proper treatment to a person may result in the onset of inevitable consequences of their mental health.
Enjeux didactiques des transitions codiques : caractéristiques, dynamiques et effets différentiels
Authors: Marrot Gilles Gerard , Brière-Guenoun Fabienne , Poggi Marie-Paule 
Published: April 2022

Cet article présente l’étude d’un point précis dans la dimension communicationnelle de l’interaction didactique : les transitions codiques, moment où les interactants glissent d’un canal de communication à un autre. Notre travail, inscrit dans le cadre des recherches descriptives et compréhensives, s’ancre dans une approche anthropologique et comparatiste en didactique. Il articule trois échelles temporelles et d’analyse pour retracer la dynamique conjointe de ces transitions codiques dans leur rapport avec la transmission/diffusion du savoir. Nos résultats révèlent que les transitions codiques se décrivent autour de plusieurs caractéristiques dont la production impacte de façon différentielle le processus didactique.