scholarly journals The target of a crime under the Article 330 of the Criminal Code of Ukraine

2018 ◽  
Vol 71 (4) ◽  
pp. 50-54
Author(s):  
V. Yu. Boichuk
Keyword(s):  
Social Activity ◽  
Criminal Code ◽  
The State ◽  
Government Agencies ◽  
State Agencies ◽  
The Public ◽  
State Security ◽  
Nature Of Information ◽  
Philosophical Ontology ◽  
Official Information

From the standpoint of philosophical ontology the author has determined the notion and nature of information constituting official information gathered in the course of operative and search or counterintelligence operations and in the defense sphere of the country as the target of a crime under the Art. 330 of the Criminal Code of Ukraine. The place of this information has been specified in the list of information types determined by the current legislation of Ukraine. The author has outlined the differences of the official information gathered in the process of operative and search, counterintelligence operations and in the defense field of the country, starting from homogeneous objects, in particular, the target of a crime, stipulated in the Art. 111 of the Criminal Code of Ukraine. They are as follows: 1) this information is obtained by authorized subjects in specific areas of social activity – within operative and search, counterintelligence operations, in the defense field of the country; 2) such information has limited access; 3) its disclosure may harm the public interest in the field of counteracting crime or within intelligence activities to the detriment of the state security of Ukraine and the country’s defense capabilities; 4) the assignment of information to such that constitutes official information, is carried out by the state authorities, which conduct operative and search or counterintelligence operations, as well as state agencies, local self-government agencies, enterprises, institutions and organizations in the defense field of the country; it is approved by their regulatory act; 5) documents or other material carriers containing official information are assigned the stamp “For official use”. The author has outlined the range of subjects defining the lists of official information, which is the target of this crime; and has specified the sub-legal acts defining such lists. The author has grounded the expediency of expanding its content by supplementing other types of official information, namely, disclosing the organization procedure, tactics and methods of conducting operative and search, counterintelligence operations, the number of employees of these units, their technical provision, etc.

scholarly journals Generic, specific and direct object of a crime under the Article 330 of the Criminal Code of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 19-27
Author(s):  
V. Yu. Boichuk
Keyword(s):  
National Security ◽  
Social Relations ◽  
Criminal Law ◽  
Social Activity ◽  
Criminal Code ◽  
The State ◽  
Direct Object ◽  
Direct Objects ◽  
State Secrets ◽  
Official Information

The author has carried out the research of one of the mandatory elements of corpus delicti under the Art. 330 of the Criminal Code of Ukraine – its object. In the course of its analysis, the author has considered general classification of objects of a crime generally adopted in the doctrine of criminal law of Ukraine (depending on the degree of generalization of the social relations protected by the criminal law, which are the objects of various crimes) into general, generic, specific and direct ones. The concept and essence of general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine, are determined on the basis of views on the object from the standpoint of the theory of social relations. It has been emphasized that general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine constitute a system, that is, they are not just a simple set, but are in interdependence. The link element through which the system of objects of this crime is formed is defined as the general sphere of social activity, where the mentioned social relations arise, develop and operate, namely, the national security of Ukraine. Thus, all social relations, which are put under the protection of Section XIV of the Special Part of the Criminal Code of Ukraine, arise and function in general in order to safeguard the interests of Ukraine’s national security. Generic object of a crime under the Art. 330 of the Criminal Code of Ukraine, has been defined as social relations existing with regard to the security of state secrets and official information gathered in the course of operative and search, counter-intelligence activities, in the field of the country defense, as well as the security of the state border of Ukraine and military security in terms of providing draft call and mobilization. Accordingly, the specific object of this crime is more narrow range of specific social relations that are associated with ensuring the state of information security. It was formulated as social relations that exist with regard to the security of state secrets and official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The direct object of a criminal act under the Art. 330 of the Criminal Code of Ukraine, was admitted as social relations that exist with regard to the security of official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The author has revealed the systemic nature of interrelations between the generic, specific and the direct object of a crime, stipulated by the Art. 330 of the Criminal Code of Ukraine.

Partnerships, Power, and Scale in Rural Governance

10.1068/c12m ◽  
2001 ◽  
Vol 19 (2) ◽  
pp. 289-310 ◽  
Author(s):  
Bill Edwards ◽  
Mark Goodwin ◽  
Simon Pemberton ◽  
Michael Woods
Keyword(s):  
Development Policy ◽  
The State ◽  
State Agencies ◽  
Working Relationships ◽  
Politics Of Scale ◽  
The Public ◽  
Rural Governance ◽  
Local Actors ◽  
Rural Development Policy ◽  
The Relationship

Partnerships have become established as a significant vehicle for the implementation of rural development policy in Britain. In promoting new working relationships between different state agencies and between the public, private, and voluntary sectors, partnerships have arguably contributed to a reconfiguration of the scalar hierarchy of the state. In this paper we draw on recent debates about the ‘politics of scale’ and on empirical examples from Mid Wales and Shropshire to explore the scalar implications of partnerships. We investigate how discursive constructs of partnership are translated into practice, how official discourses are mediated by local actors, the relationship between partnerships and existing scales of governance, and the particular ‘geometry of power’ being constructed through partnerships. We argue that the existing scalar hierarchy of the state has been influential in structuring the scales and territories of partnerships, and that, despite an apparent devolution of the public face of governance, the state remains crucial in governing the process of governance through partnerships.

scholarly journals Implementation of Normative Intelligence Policy In Immigration View

2019 ◽  
Vol 1 (2) ◽  
pp. 103-116
Author(s):  
Olyvia Sindiawaty ◽  
Mercy Marvel
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
State Government ◽  
The State ◽  
Government Agencies ◽  
Immigration Enforcement ◽  
Legal Rules ◽  
State Security ◽  
The Future ◽  
Definition Of

Intelligence Policy has often been heard in the realm of law, especially with government agencies held in Indonesia. One of them is the immigration agency, which is under the auspices of the Ministry of Law and Human Rights. The implementation of the policy is still minimal, although in fact it is contained in article 1 of Law No. 6 of 2011 number 30, as well as article 74. There are still many that need to be addressed, both in the applicable legal rules and with implementation in the field. The fact that sometimes the Immigration Officer is sometimes mixed in its own definition of intelligence and oversight. Are they the same or different and how to distinguish the two. Recognizing the fact that immigration is increasingly compacted by traffic activities in and out of foreigners and citizens and their supervision, a qualified intelligence is needed in maintaining the upholding of the country's sovereignty. It is an obligation, especially for immigration to safeguard the country as stated in the immigration function, is part of the affairs of the state government in providing Immigration services, law enforcement, state security, and community welfare development facilitators. Therefore, immigration should take part in enforcing supervision and security of the state in the field of law. Immigration intelligence which is under the auspices of the Directorate of Intelligence and immigration enforcement should need to be developed more thoroughly as a whole. So, it is hoped that in the future the Indonesian state will have total sovereignty over the country and its own people.

Patriotic education of staff penitentiary system in contemporary conditions

2017 ◽  
Vol 2 (4) ◽  
pp. 1-9
Author(s):  
Алексей Михайлов ◽  
Aleksey Mikhaylov ◽  
Евгений Шишкин ◽  
Evgeniy Shishkin
Keyword(s):  
Creative Process ◽  
Social Activity ◽  
Public Life ◽  
The State ◽  
Regional Studies ◽  
Russian Society ◽  
The Public ◽  
Civil Responsibility ◽  
Patriotic Education

The article reveals the peculiarities of patriotic education of penitentiary staff in the conditions of reforming. Conceptual aspects of the term "patriotism" of its content and direction.As part of patriotic education is the development of Russian society of high social activity, civil responsibility, spirituality, formation of citizens with positive values and qualities that can manifest them in the creative process in the interests of the Motherland, strengthening the state, ensuring its vital interests and sustainable development.The goals of patriotic education of Russian citizens through more specific objectives, taking into account the specifics of subjects and objects of education, the environment in which it is carried out, the characteristics of their solutions in the economic, social, legal, political, cultural and other spheres. The content and focus of patriotism are determined, above all, spiritual and moral climate of society, its historical roots, feeding the public life of generations. The article also discloses the most meaningful actual directions of patriotic education of employees of the penitentiary system: the spiritual and moral, historical and regional studies, civil-patriotic, social, patriotic, military, patriotic, heroic and patriotic, sports and patriotic.

scholarly journals Public procurement in Ukraine: analysis of advantages and disadvantages

2021 ◽  
pp. 56-60
Author(s):  
O.A. Lahovska ◽  
S.F. Lehenchuk ◽  
S.V. Svirko
Keyword(s):  
Sustainable Development ◽  
Narrow Range ◽  
Public Procurement ◽  
The State ◽  
Government Agencies ◽  
State Budget ◽  
The Public ◽  
Advantages And Disadvantages ◽  
Complex Process ◽  
Procurement System

Public procurement is a complex process. With the help of public procurement, governments and government agencies purchase products, services, work, creating expenditures of the state budget and taxpayers. The purpose of implementing the e-procurement system was to reduce these costs and overcome the corruption component in this area. However, there are still many issues related to the inefficiency of certain components of this system. It is determined that domestic scientists identify a narrow range of benefits of the public procurement system, which is reduced to overcoming corruption and saving budget funds. The domestic scientists identify a narrow range of benefits from the use of public procurement. This is overcoming corruption and saving budget funds. In contrast, the foreign scientists see the public procurement system as an effective tool for sustainable development, innovation. The article analyzes the shortcomings and weaknesses of public procurement at each stage of their implementation, which allows identifying the main areas of improvement of the public procurement system, and summarizes the main advantages.

scholarly journals Foreign experience of providing communication in state agencies

2020 ◽  
pp. 102-106
Author(s):  
G. Biletska ◽  
N. Кovtunovych ◽  
N. Shkurenko
Keyword(s):  
Social Networks ◽  
Security Policy ◽  
Regional Cooperation ◽  
Communication Strategies ◽  
The State ◽  
Strategic Partnership ◽  
State Agencies ◽  
The Public ◽  
Foreign Experience ◽  
Foreign Countries

The article is devoted to practical aspects of implementation of communication strategies by the state agencies of foreign countries. The emphasized that current globalization processes in the information area, which take place in the international arena, actualize the introduction of effective communications, which play an important role in the internal and external interaction of state agencies with the public. In the article was emphasized that in order to systematically and clearly cover the activities of state agencies, as well as the objective perception and understanding of the population of the processes implemented in the field of public policy, informing the public about planned government initiatives, communication strategies are actively implemented. Also noted that in the countries of the European Union (hereinafter – the EU) communications are considered by the national institutions as a tool for foreign and security policy, international cooperation in the format of strategic partnership with a leading international target audience and regional cooperation with European countries. The authors determined the main tasks of realization of external and internal communications of state institutions. In particular, the ways of realization of communications by the state agencies in Norway, Great Britain and Estonia. The preference of modern advanced information communications in ensuring the interaction of state agencies and the public are outlined. As today society exists in the world of global communication, which includes not only traditional media, periodicals or television, but also social networks, information and communication interaction is becoming more important. Most foreign countries use popular social networks, such as Facebook, Twitter, Instagram, YouTube and others. It is concluded that the establishment of comprehensive, clear and strategic communication of state authorities of Ukraine with the international and national community, taking into account foreign experience and basic principles of government communication, is important for building a democratic state.

Crimes against the State

2016 ◽  
Author(s):  
Callie Williamson
Keyword(s):  
Political System ◽  
The State ◽  
The Political ◽  
Political Structure ◽  
The Public ◽  
State Security ◽  
The People ◽  
Roman People ◽  
The Republic

During most of the Republic, the Romans viewed only perduellio as a threat to state security. Other threats were dealt with through institutionalised mechanisms of stability in Rome’s political structure, above all through the public lawmaking assemblies. Only when the political system wavered in the late Republic did the Romans criminalise “diminishing the superiority of the Roman people” maiestas populi Romani minuta (maiestas) as a crime against the state. Inherent in maiestas is the authority of the Roman people to negotiate consensus through the public lawmaking process in which the people voiced their commands. During the Empire, the emperor embodied the superiority of the Roman people and through him, as the chief lawmaker of Rome, were channelled the commands of the people. The scope of maiestas was altered to adapt to changing ideas of the state, but the idea that maiestas constituted the chief crime against the state persisted.

scholarly journals Administrative and legal support of the National Anti-Corruption Bureau of Ukraine as a subject of ensuring of functioning the system of economic security of the state

2020 ◽  
pp. 65-70
Author(s):  
V.I. Melnyk
Keyword(s):  
Economic Security ◽  
The State ◽  
Government Agencies ◽  
Domestic Economy ◽  
Significant Other ◽  
State Security ◽  
Wide Range ◽  
The Subject ◽  
Effective Use ◽  
The Impact

The article is devoted to a set of issues related to the study of administrative and legal support of the National Anti-Corruption Bureau of Ukraine as a subject of ensuring the system of economic security of the state. Emphasis is placed on the need for systematic comprehensive support of Ukraine's economic security system by effectively countering a wide range of real threats to the domestic economic sector in the current difficult period. An attempt is made to substantiate the expediency of positioning the National Anti-Corruption Bureau of Ukraine as one of many entities to ensure the economic security of the state and determine its place among other government agencies aimed at protecting the analyzed component of state security. In particular, the emphasis is on the criminal acts under investigation of the subject, as well as the assessment of the impact of the consequences of most acts of corruption on the domestic economy. It is emphasized that effective counteraction to the latter should contribute to the proper functioning of the entire system of economic security of Ukraine. It has been established that the national anti-corruption bureau of Ukraine works, aims, and functions as one that supports the system of economic security. Attention is drawn to a significant other part of other systems of the economic component of security. The separate issues of coordination and subcontracted coordination, reporting on the effective use of consolidation of own efforts to effectively counter a wide range of domestic and existing threats, are exogenous and endogenous in origin, and are well-known translations for the national economy.

scholarly journals Analisis perbandingan efektifitas aturan dalam Kitab Undang Undang Hukum Pidana lama dan Revisi Kitab Undang Undang Hukum Pidana (khususnya dalam pasal perzinahan)

2019 ◽  
Vol 19 (1) ◽  
pp. 34-39
Author(s):  
Nur Shabrina Sinulingga
Keyword(s):  
The Netherlands ◽  
House Of Representatives ◽  
Marital Relationship ◽  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Current Development ◽  
Muslim Population ◽  
The Public ◽  
Definition Of

The Criminal Code (KUHP) which is currently in force in Indonesia is a legacy that is still inherited from the Netherlands, so some of the contents of the Article are still incompatible with the culture that developed in Indonesia. One example of the definition of adultery in the Criminal Code is a marital relationship which is committed by a party that one or both are still bound in marriage. Of course this is very contrary to the culture that exists in Indonesia with a majority Muslim population. Indonesian legal experts have drafted the new Criminal Code since 50 (fifty) years ago, then after waiting all the time, finally in 2019, there is a strong discourse that the DPR (House of Representatives) will ratify the new Criminal Code. One of the revised articles in the RKUHP (draft of the Criminal Code) is this adultery article. However, this Article is one that is also a matter of controversy and much opposition.The old KUHP rules especially those relating to adultery are not in accordance with the culture that exists in Indonesia, so that frequently the act of adultery that actually disturbs the public cannot be tried as expected, but in the current development there are also many parties who consider the notion of adultery in the new KUHP too in entering into the private affairs of the Indonesian people they assume the State should not enter into a very private section.The legal basis that can be done is a legal basis that is in accordance with that contained in the Criminal  Code Keywords: Criminal Code, Adultery 

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

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