Law and Safety
ISSN / EISSN : 1727-1584 / 2617-2933
Published by: Kharkiv National University of Internal Affairs (10.32631)
Total articles ≅ 316
Latest articles in this journal
Law and Safety, Volume 84, pp 196-206; https://doi.org/10.32631/pb.2022.1.20
The article is devoted to the study of the essence of the concept and types of objects of administrative offenses related to the violations of financial control. Scientific approaches to determining the constituent elements of the object of this administrative offense were presented. It was found that for the proper qualification of an administrative offense related to violation of financial control, and hence the definition of the scope of administrative liability as a measure of administrative coercion, it is important to take into account the specifics of public relations (as an object of encroachment) and the scope in which they arise. It was clarified the role of the object of administrative offense related to the violation of the financial control requirements in the qualification and systematization of the domestic administrative tort law.The scientific views on the definition of the object of the specified administrative offense was analyzed, the author offered his own definition of the general, generic, specific and direct objects.The general object of violation of the requirements of financial control should be understood as the whole set of public relations in the field of preventing and combating corruption, which is protected by administrative and tort regulations.The generic object of the violation of the requirements of financial control is public relations, which provide the established procedure for preventing and combating corruption.Given that the provisions of Article 172 of the Code of Administrative Offenses of Ukraine contain various forms of acts for which liability is provided, the composition of violations of financial control contains a specific object, which is proposed to admit a group of homogeneous social relations, allocated within the framework of a generic object related to the procedure for submitting a declaration of a person authorized to perform the functions of the state or local government, opening a foreign currency account in a non-resident bank institution and notification of significant changes in property status, as well as submitting knowingly false information in the declaration of a person authorized to to perform the functions of the state or local self-government.The direct object of violation of the requirements of financial control is requirements, prohibitions and restrictions which protected by administrative-tort sanction established by the Law of Ukraine “On Prevention of Corruption” and other regulations, and arising in connection with the declaration of a person authorized to perform state functions or local government.
Law and Safety, Volume 84, pp 181-188; https://doi.org/10.32631/pb.2022.1.18
Despite the fact that the criminal law aspects of encroachment on sexual freedom and sexual integrity of a person in modern legal science are developed at a fairly high level, the problems of criminal liability for encroachment on sexual integrity of a person are insufficiently studied in view of significant legislative changes. The article is devoted to the analysis of the concept of “sexual integrity of a person” within the institute of criminal liability for sexual offenses. The terminological shortcomings of this expression are considered, the ways of overcoming such problems are determined. Approaches and concepts for the definition of sexual integrity and its relationship with the concept of sexual freedom have been studied. It has been determined in which cases the use of this term may not be acceptable, and where it is necessary. The content of the terminological appeal has been partially clarified and expanded, the frequently used mistakes of the narrowed use of the analyzed concept have been pointed out. It has been noted that sexual integrity is enjoyed not only by minors under the age of sixteen, but also by persons who, due to their mental or physical disabilities, do not understand the nature and significance of sexual acts committed against them. Based on the study of scientific approaches to the definition of the terminological term “sexual integrity”, a conclusion has been made about the lack of unity among scientists. There is no unanimity on the definition of the relationship between the concepts of “sexual freedom” and “sexual integrity”. It has been established that sexual integrity includes not only a legal but also a moral prohibition to have sexual intercourse with a person who does not have sexual freedom and is unable to decide independently with whom and how to meet their physiological needs. It has been stated that a person who has not reached the “age of sexual consent” is guaranteed to have sexual integrity. When sexual integrity is encroached upon, the normal sexual development of the child is harmed. Thus, sexual integrity is a guarantee of normal sexual development of a minor, because at this age the process of moral and physical development is not yet complete.
Law and Safety, Volume 84, pp 104-114; https://doi.org/10.32631/pb.2022.1.11
The article highlights the problematic issues of the use of mediation in criminal proceedings in Ukraine, as well as formulates proposals for their solution.The leading trend in the development of modern legal systems is the use of alternative means of resolving criminal disputes, including mediation. Ukraine is guided in this direction by the international legal standards and the positive experience of many foreign countries. In the general sense, mediation contributes to the humanization of criminal policy against the offender, creates conditions for ensuring the rights, freedoms and legitimate interests of the victim and real compensation for the damage caused to them, accelerates the criminal process. The concept of mediation in criminal proceedings is given.It is stated that the long path of Ukraine to the standardization of mediation was successful on November 16, 2021 in connection with the adoption of the Law of Ukraine “On Mediation” № 1875-IX. Instead, introducing the possibility of mediation in criminal proceedings, the legislator generally avoided amending the CPC of Ukraine, in particular to determine the status of mediator, establishing the boundaries of mediation of criminal conflicts, formulating the peculiarities of its conduct in criminal proceedings. As a reaction to the shortcomings of the legal regulations, it is proposed: first, to amend paragraph 25 of Part 1 of Art. 3 of the CPC of Ukraine, where a mediator should be identified among the participants in the criminal proceedings; secondly, to define in a separate article of the CPC of Ukraine the concept of mediator, their rights and obligations, in connection with which the author’s position on this issue is expressed.The limits of mediation of criminal disputes at the legislative level are not set. It has been proved that the legal basis for mediation in criminal proceedings may be the provisions of the CPC of Ukraine on criminal proceedings under agreements, as well as the provisions of the Criminal Code of Ukraine on release from criminal liability in connection with reconciling the perpetrator with the victim.In Ukraine, a pilot project on the use of restorative procedures in criminal proceedings against minors has been implemented since 2019. Positive examples of this project have shown that the mediation procedure has clear advantages over punitive justice.
Law and Safety, Volume 84, pp 156-164; https://doi.org/10.32631/pb.2022.1.16
The emergence of new organizational and legal forms of management has created the preconditions for the merger of criminal offenses in the economy with general crime, in connection with which law enforcement agencies are brought to the forefront of organizational and tactical tasks to prevent crime in all sectors of the economy. objects and territories. Based on this, at this stage of economic development, the role and importance of operational maintenance of criminal police lines of work is growing rapidly. The article considers the existing scientific approaches to the definition of “operational service”, which allowed to formulate the author's position on the definition of “operational service of criminal police units of work lines” as a balanced organizational and managerial model of criminal police units on a particular line of work, which means the following: 1) operative overlapping of objects of operative attention by representatives of the agency network; 2) conducting control and supervision proceedings for the purpose of control, monitoring, analysis, assessment and forecasting of the operational situation along the line of work; 3) search and recording of factual data on illegal activities of individuals and groups; 4) use the possibilities of criminal analysis in order to create a single security space in all spheres and sectors of the economy and ensure an effective system of operational and investigative counteraction to criminal offenses that encroach on the functioning of the state economy.It is proved that effective organization of operative service of concrete subject of economic activity is a precondition for ensuring timely prevention and detection of criminal illegalities of economic orientation, and optimization of this direction of work is possible by creation of operative positions at the expense of secret workers. economic knowledge.Based on the analysis of the practical activities of criminal police units, the author identified ways to optimize the organization of operational maintenance of criminal police units work lines, including: 1) daily monitoring and analysis of the operational situation along the line of work; 2) determination for each object (branch) of economy of the corresponding mode of operative service (intensity of supervision) which needs constant operative attention, in particular by their operative overlapping; 3) preparation and determination of the most effective operational-search, operational-technical and agency-operational measures aimed at obtaining primary operational-search information along the line of work.
Law and Safety, Volume 84, pp 47-55; https://doi.org/10.32631/pb.2022.1.05
Negative trends in the economy and social relations are slowing down the process of reforming the economic and financial system. The sharp restriction of state control and other negative phenomena that existed in our country have caused a significant increase in crime, especially its organized forms, resulting in a sharp increase in the number of particularly serious crimes against the person. A felony such as murder committed by a convict in prison is no exception. These criminal offenses invariably cause a significant public response, because, firstly, a serious criminal offense is committed, such as murder, secondly, it is committed by convicts serving sentences, and thirdly, as a rule, this category of criminal offenses is committed in correctional facilities. Convicts are persons with criminal experience who know the peculiarities of law enforcement agencies and have techniques for counteracting the investigation of criminal offenses, so the investigator faces the difficult task of identifying and exposing both the direct perpetrators and organizers (intermediaries) of such murders. That is why it is impossible to search for, record, seize and investigate the criminologically significant information about crimes of this kind necessary for the investigation and the court without the use of various special knowledge. In addition, the continuous improvement of technical means and methods significantly expands the range of specialized knowledge, which, in turn, allows you to identify, record and remove traces that were previously unavailable for research. However, the problem is that investigators are often not fully informed about the possibilities of using expertise in the investigation of criminal offenses. It should also be borne in mind that murder of this category is committed in a specific situation, namely in correctional facilities. All the above determined the relevance of the chosen research topic.
Law and Safety, Volume 84, pp 73-80; https://doi.org/10.32631/pb.2022.1.08
The article is devoted to the study of the peculiarities of the conceptualization of legal terminology. It has been emphasized that legal concepts are important for the functioning of legal institutions. It has been noted that most of the legal terms aimed at unambiguous and consistent interpretation of legal texts are established in various legal documents. The boundaries of most subject areas are unclear, and their use in different areas of law may lead to the application of different criteria to establish the essence of the term.Attention is drawn to the fact that terminological work traditionally focuses on the organization of concepts and lexical items in a specialized field, in which each term is one concept, and each concept is denoted by one term. The definition of a particular area of law and terms related to that area includes the establishment of both terminological and conceptual boundaries, which allows clear and unambiguous use of the relevant categories. A clear approach to understanding the term contributes to the quality of legislation that affects the stability of state life.It is emphasized that ambiguous terms are used in modern legislation. Given the foreign experience in the context of European Union law, the timing of interdisciplinary concepts seems more appropriate due to the complex relationship between the national law of the Member States and the law of the European Union. Emphasis is placed on interdisciplinary concepts, i.e. concepts or institutions that arise in more than one legal field. More specifically, such concepts may apply to both the national legal system and the law of the European Union. Although the same term is used to denote an interdisciplinary concept, its conceptualization may differ in various areas of law and different legal systems, which may adversely affect the case because there will be no common approach to understanding the term.It is noted that the study of legal terminology should focus on the elements of the legal solution of the real problem.
Law and Safety, Volume 84, pp 165-180; https://doi.org/10.32631/pb.2022.1.17
In Ukraine, the idea of systematization and unification of regulations, due to which positive law arises and is formed, has been discussed and defended for a long time. At the same time, to date, attempts in Ukraine to pass a law on rule-making have not been finalized. With the introduction of the draft Law on Legislative Activity in the Verkhovna Rada of Ukraine and subsequent voting on it by parliamentarians in the first reading, the issue of further prospects for innovation of the legislative basis of rule-making was raised again.An analysis of the constitutional provisions on rule-making in Ukraine has been presented. The European experience of constitutionalization of rule-making has been analyzed and the need to list the list of sources of law in the basic legal act of the state and to define the basic provisions on rule-making has been emphasized. It has been emphasized that the European experience of constitutionalization of rule-making / law-making indicates that the constitution as the basic law should answer the question of whether the state should have a law on normative acts and rule-making or need a broader approach reflected in law-making.In Ukraine, the fundamental position of legal science needs to be constitutionalized, that by-laws cannot contain primary norms of law, especially since the European experience indicates the need for such a step. By-laws must be adopted on the basis of and in compliance with the provisions of the law. Attention is drawn to the fact that the basic concepts and constructions of the draft Law of Ukraine “On Law-making”, such as law-making and principles of law-making, need significant refinement, as they are based on controversial conceptual approaches.
Law and Safety, Volume 84, pp 29-38; https://doi.org/10.32631/pb.2022.1.03
The paper examines the legal nature of sanctions imposed by the UN Security Council and individual states to combat violations of international law. The UN Security Council sanctions have been identified as mainly economic restrictions and other coercive measures imposed for violations of major international human rights conventions and instruments. A comparative legal analysis of the sanctions policy of the United States of America and the European Union was carried out, on the basis of which it was concluded that the sanctions policy implemented by the European Union and the United States of America is fundamentally different. In the EU, it is implemented in accordance with the institutional documents on the establishment of the European Union, which allow the introduction of restrictive measures against individuals or legal entities and groups or non-governmental organizations. At the same time, US sanctions are imposed on any entity that poses a threat to the US economy, even when its actions are lawful under national law. The US experience with the introduction of “secondary sanctions” is interesting, when a natural or legal person cooperating with sanctioned organizations or individuals may be subject to US economic sanctions. The content of the Law of Ukraine “On Sanctions” and the practice of its implementation through the decisions of the National Security and Defense Council of Ukraine, which are enacted by Decrees of the President of Ukraine. Based on the above, proposals and recommendations for improving its content are formulated: 1) to determine that sanctions against citizens of Ukraine are an exceptional measure and are applied in case of impossibility of full pre-trial investigation due to their stay outside the jurisdiction of Ukraine; 2) to expand the list of legal grounds for the application of sanctions to citizens of Ukraine by including, in addition to terrorist activities, the commission of crimes against the foundations of national security of Ukraine; 3) to determine an exhaustive list of sanctions to enshrine in it the possibility of restricting access to Internet resources; 4) to establish a mechanism of legal liability for non-compliance with the requirements imposed by sanctions.
Law and Safety, Volume 84, pp 94-103; https://doi.org/10.32631/pb.2022.1.10
The scientific research is devoted to the problems of legal regulation of labor relations of preschool education employees. The legislative and by-laws that regulate the labor relations of kindergarten workers are analysed. The works of individual scientists in the field of law, who investigated the problems of legal regulation of preschool education are studied.The methodological basis of the study was general scientific and special legal cognitive methods. To study the problem, we used the systemic, theoretical-legal, formal-dogmatic, comparative legal methods of cognition, as well as the state-legal modeling method.The status of teaching staff in a preschool education institution is held by the director, his or her deputy, educators, and the teacher's assistant. In addition, assistants to the educator and nanny, who do not have the status of a pedagogical worker, can work in the kindergarten. At the same time, the legislation does not fix the criteria for distinguishing the functions of an assistant and an assistant educator. The law does not allow distinguishing between a caregiver and a nanny.The following features of the legal regulation of the labor activity of workers in preschool education can be named. The legislation establishes the requirements for persons who wish to work at preschool education institutions. A reduced working time has been established, and an increased duration of the annual basic leave is provided. Legislative and by-laws establish the specifics of remuneration in the field of preschool education. An additional ground is provided for the dismissal of teachers in preschool education - committing an immoral offense.It was proposed to make a list of amendments to the Law of Ukraine On Preschool Education. The rules of law that enshrine the duration of reduced working hours or the leave duration in the field of preschool education should be enshrined in law, and not by-laws.The Law of Ukraine On Preschool Education should provide that teaching staff perform educational and organizational work, and assistants to educators (nannies) - auxiliary. It is proposed to combine the positions of assistants to educators and nannies into one category, to use the term assistant educator (nanny).It is necessary to develop a detailed list of a teacher's actions that may be considered immoral. Such misconduct can only be committed while performing work duties.
Law and Safety, Volume 84, pp 13-21; https://doi.org/10.32631/pb.2022.01.1
This paper enunciates that women continues to experience rampant violations on their inheritance right to property in Cameroon. The continuous violations of women in Cameroon on their right to inherit property leave us with no doubts in ascertaining truly that the legal explanations protecting women in the country are questionable. In answering the above hypothesis, a doctrinal research method is used. From the established demonstration expounded, one can acclaimed that women right protection in Cameroon is distressing and a painful with the need of an acceptable correctable platform. The various law has to be re-examined and restructured if the objective of the law really should be obtained.