scholarly journals Rola Inspekcji Ochrony Środowiska w zakresie ścigania karnego

2019 ◽  
pp. 119-135
Author(s):  
Marta Jasińska
Keyword(s):  
Environmental Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Main Body ◽  
Criminal Proceedings

According to legal regulation of the criminal proceedings code, non-judicial bodies bear responsibility for conducting preparatory proceedings. Prosecutor as the main body conducts or supervises proceedings. In regard to scope of the regulation, proceedings are conducted by Police or a body with the same eligibility as Police. Aforementioned powers result directly from the criminal code, and also from the Minister for Justice’s ordinance of September 22nd, 2015 regarding bodies that are, along with Police, approved to conduct proceedings. The regulation also regards bodies approved to bring and support accusation to trial in frst instance courts in cases which the proceedings were conducted in, as well as the scope of cases delegable to this bodies. Aforementioned powers result also from special statutes. This deliberation is based on revised statute of Inspection of Environmental Protection which expanses the range of bodies entitled to conduct preparatory proceedings in cases directly determined in the criminal code against environment.

Regulatory relationship on use and environmental protection in the innovative sphere

2021 ◽  
Author(s):  
Olena Savchuk
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Innovation Policy ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Main Body ◽  
Environmental Legislation ◽  
Regional Innovation ◽  
Regulatory Relationship

Problem setting. The functioning of legal relations of use and environmental protection is currently regulated by a number of regulations of different legal force and direction. All this legislation is aimed at ensuring a safe environment, stopping the negative climate change caused by industry, agriculture, low energy efficiency of buildings, lack of waste management system, as well as reducing carbon sequestration by the ecosystem. The object of research is the legislation that regulates the legal relationship regarding the use and protection of the environment in the field of innovation. The subject of the study is the state of the regulatory framework and legislative regulation of legal relations regarding the use and protection of the environment in the field of innovation. Analysis of recent researches and publications. Legal relations on the use and protection of the environment in the field of innovation have repeatedly attracted the attention of researchers. In particular, A.P. Hetman considered the issues of environmental and legal component of innovative entrepreneurship, G.V. Anisimova studied issues of environmental and legal aspects of regional innovation system, V.L. Bredikhina in the field of research were issues of legal support of environmental safety in the field of implementation innovation policy. Krasnova M.V. considered the introduction of innovative dominants of sustainable development in the environmental legislation of Ukraine. In addition, the scientific literature analyzed the legal basis for the introduction of innovative technologies in agribusiness (Bakai Yu. Yu.); legal support for the introduction of ecologically oriented innovations in Ukraine (Lebedeva T.M.), ecological innovation management in the mechanism of sustainable development (Zadykhailo D.D.). However, the study that would be aimed at analyzing the legal regulation of the use of environmental protection in the field of innovation was not yet, which prompted us to choose this topic of scientific work. Target of research is to identify and make proposals to current legislation in certain areas. The scientific novelty of the study is to make proposals to consolidate amendments to current legislation and proposals for the development of separate documents to regulate the functioning of legal relations of use and environmental protection in the field of innovation. Article’s main body. The normative-legal acts are researched, the scientific specialized literature is analyzed according to the chosen theme of scientific work. The need to amend the current legislation, the importance of developing regulations aimed at applying existing and developing new mechanisms to ensure the use and protection of the environment in the innovation sphere are identified and emphasized. Conclusions and prospects for the development. After analyzing the legal support for the functioning of legal relations of use and environmental protection in the innovation sphere, we came to the conclusion that today there is an urgent need to develop and implement a special legal act that would establish a set of measures to develop innovation in the use and environmental protection. The purpose of such a document, first of all, should be the mechanism of implementation of previously adopted regulations, expanding access to environmental information of the population, including interaction between scientific and educational institutions, the introduction of modern advanced technologies. As already noted during the dissertation, the issue we are considering goes far beyond just environmental legislation, so it should also be noted that the necessary harmonization of legislation between other institutions of law – economic, civil, tax and more. In addition to the above, I would like to emphasize that the Law “On Environmental Protection, acting as the main legislative document in the field of environmental relations does not enshrine issues of innovation, environmental innovation.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

scholarly journals The problem of security convicted persons in the custodial settings of the ministry of justice of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 146-151
Author(s):  
Oleh Shkuta
Keyword(s):  
Historical Analysis ◽  
Legal Regulation ◽  
Criminal Code ◽  
Correctional Facilities ◽  
Criminal Proceedings ◽  
Socialist Republic ◽  
Soviet Socialist Republic ◽  
Personal Security ◽  
Security Issues ◽  
The Right

The article explores the problem of defining the concept of security of convicted persons. The author analyzed the current normative legal acts, in particular, the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Enforcement Code of Ukraine, the Laws of Ukraine “On Pre-trial Detention”, “On Ensuring the Safety of Persons Participating in Criminal Procedure” and departmental by-laws - legal acts. The article presents the opinions of domestic scientists of penitentiary orientation regarding the content of the concept of security convicted persons in the custodial settings in the science of criminal enforcement law and the current legislation. The article identifies six forms of ensuring the right of convicts to personal security: determination by the administration of the criminal correctional facilities the criterion of personal security of convicts; legal regulation of the personal security of prisoners; the authorities using risk-management measures; further resolving the issue of the place of serving the convicted person; ensuring the safety of convicts in connection with their involvement in criminal proceedings. The author conducted a historical analysis of the formation and development of security issues of convicts in the normative acts of the Ukrainian Soviet Socialist Republic and independent Ukraine. The author argues that there are many reasons for the threats to the personal safety of prisoners in criminal correctional facilities. The article defines the concept of security convicted persons in the custodial settings - it is regulated by the current legislation and is provided by the staff of the bodies and criminal correctional facilities the protection of the rights and freedoms and legitimate interests of the prisoners while serving their sentences.

scholarly journals Pertanggung Jawaban Pidana Karyawan Korporasi Dalam Tindak Pidana Lingkungan Hidup (Studi Putusan No. 133/Pid.B/2013/PN. MBO)

2020 ◽  
Vol 2 (2) ◽  
pp. 119-131
Author(s):  
Andika Try Anantama ◽  
Zaini Munawir ◽  
Rafiqi Rafiqi
Keyword(s):  
Environmental Protection ◽  
Research Method ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Environmental Crime ◽  
Legal Entity ◽  
Surrounding Environment ◽  
Mitigating Circumstances ◽  
Environmental Crimes

Environmental Crimes committed by a person or corporate legal entity often occur around the environment where we live without us knowing it, especially in an environment full of companies that can damage the surrounding environment. The research method used in this study is juridical normative and descriptive analytical nature of the study. The legal regulation on environmental crime, especially regarding forest and land burning is regulated in Article 187 of the Criminal Code, Article 78 paragraph (3) of Law Number 41 of 1999 concerning Forestry, Article 69, Article 108 and Article 119 of Law Number 32 of 2009 Regarding Environmental Protection and Management, Article 48 of Law Number 18 Year 2004 Plantations. Criminal liability of corporate offenders in imprisonment for 3 (three) years and a fine of Rp. 3,000,000,000 (three billion rupiah), Determine if the fine is not paid replaced with imprisonment for 5 (five) months. Judge's consideration in this decision, that the Defendant violated Article 108 in conjunction with Article 69 paragraph (1) letter (h) jo Article 116 paragraph (1) letter (b) of Law Number 32 of 2009 concerning Environmental Protection and Management and jo Article 64 paragraph (1) of the Criminal Code has several considerations, namely incriminating circumstances and mitigating circumstances.

шляхи вдосконалення кримінально-правового забезпечення оперативно-розшукової діяльності Державної прикордонної служби України

2019 ◽  
Vol 24 ◽  
Author(s):  
О. О. Гриньків
Keyword(s):  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Criminal Offenses ◽  
Legal Foundations ◽  
The Law ◽  
Legal Mechanism

The ways to improve the criminal legal support of the operative and search activities of the State Border Guard Service of Ukraine are discussed in the article. We propose specific amendments to the Criminal Code of Ukraine, which take into account the cases of harm during the operative and search activities of the State Border Guard Service of Ukraine. It is concluded that compulsory harm to the interests protected by the law will be duly regulated during the conduct, in accordance with the law, of operative and search, counter-intelligence measures or not public investigative (search) actions by an employee of an authorized state body, or on behalf of such person, cooperating with that authority, if the cause of action is to prevent, detect, detect or investigate criminal offenses, to prevent, to disclose and to suspend criminal proceedings identification and / or subversive actions if the stated objective could not be otherwise achieved.It is emphasized that there is a problem in the national criminal law theory and legal regulation of operative-search activity of criminal-legal foundations of carrying out the whole complex of operative-search measures. There is no proper legal mechanism for carrying out most of the operative-search measures.The conditions for the lawfulness of causing harm are considered during the conduct of operative and search measures and the corresponding not public investigative (search) actions, which would be expedient to be disclosed in the resolution of the Plenum of the Supreme Court, as well as to supplement the list of mitigating circumstances stipulated in the Criminal Code of Ukraine (Art. 66).It is noted about the fact that there is an operative-search type of exemption from criminal responsibility, which indicates the need for a criminal-legal settlement of such a situation.It is emphasized that the effective activity of the State Border Service of Ukraine provides for the application by operational units of a set of operative and search measures, which are possible only in case of making appropriate changes and additions to the normative legal acts of the state.

Environmental Protection Through the Instruments of Criminal Law

2019 ◽  
Vol 10 (2) ◽  
pp. 187-196
Author(s):  
Jozef Čentéš
Keyword(s):  
Criminal Justice ◽  
Environmental Protection ◽  
Detailed Analysis ◽  
Environmental Quality ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Framework ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Ideal

Environmental protection represents a complex and one of the most discussed issues, currently under consideration within the legal framework. The author in this article focuses on the environmental protection via the instruments of substantive criminal law in the Slovak Republic and thus represents a detailed analysis of the current legal regulation contained in the Criminal Code, which concentrates these instruments into 13 criminal merits analysed in part II of the presented article. These instruments can be considered effective with regard to preserving as well as improving the environmental quality — through the punishment of perpetrators of the most serious acts breaching the rules of environmental protection, by which the ideal of criminal justice is achieved (or can be achieved).

Legal framework for improvement of agroecology by cultivating jerusalem artichoke

2020 ◽  
pp. 59-66
Author(s):  
Mykhailo Kosmii ◽  
Vasyl. Kasiianchuk ◽  
Ruslan Zhyrak ◽  
Ivan Krykhovetskyi
Keyword(s):  
Environmental Protection ◽  
Organic Farming ◽  
Alternative Energy ◽  
Building Materials ◽  
Environmental Law ◽  
Jerusalem Artichoke ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Application ◽  
Scientific Cognition

The purpose of this paper is to analyze and research the legal mechanisms which make it possible to improve agroecology through the organization of cultivation of Jerusalem artichoke.Methodology. The methodology includes comprehensive analysis and generalization of available scientific, theoretical, practical and applied material and development of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, historical and legal, logical and normative, systemic and structural, functional, normative and dogmatic, generalization methods. Results. The process of analysis and research highlighted the possibilities of cultivating Jerusalem artichoke for improving agroecology, namely improving the ecological state of the atmosphere air and soil, preparing them for organic farming. The article contains examples of practical application of tubers of Jerusalem artichoke and herbage for the production of therapeutic and prophylactic products, alternative energy and highly efficient building materials. Scientific novelty. The study found that the authors summarized and systematized the levels of legal regulation in the field of using Jerusalem artichoke for improving agroecology, preparing soil for organic farming, in particular: the inter-sectoral level which covers the interaction of agricultural and environmental law in terms of cultivation and use of Jerusalem artichoke; the level of integrated environmental and legal regulation; level of individual resource (floristic) legal regulation; the level of environmental protection (anthropoprotection) legislation.Practical importance. The results of the study can be used in law-making and environmental protection activities related to issues of cultivating and using the Jerusalem artichoke as a means of improving agroecology.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

Umorzenie postępowania karnego na podstawie art. 59a k.k. – wybrane zagadnienia

2016 ◽  
Vol 14 (1) ◽  
pp. 91-108
Author(s):  
Jarosław Marciniak
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Proceedings

Discontinuation of proceedings under Article 59a of the Criminal Code is a new institution in Polish criminal law. This article discusses selected issues relating to the premises for the application of Article 59a of the Criminal Code in practice. In view of the use by the legislator in Article 59a of the Criminal Code of concepts with vague meanings, their possible interpretations were proposed. It has been suggested that a rephrasing of the provision in question should be considered, in order to ensure the possibility of applying the said institution to a wider range of misdemeanours, as compensatory discontinuation is intended by the legislator to fulfil the redress function of proceedings and ensure the effectiveness and speed of criminal proceedings

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