scholarly journals Special Features of the Crime’s Subject Under the Article 330 of the Criminal Code of Ukraine

2019 ◽  
Vol 72 (1) ◽  
pp. 53-57
Author(s):  
V. Yu. Boichuk
Keyword(s):  
National Guard ◽  
Armed Forces ◽  
Criminal Code ◽  
The State ◽  
Legal Literature ◽  
Narrow Concept ◽  
Definition Of ◽  
Council Of Ministers ◽  
State Defense ◽  
National Police

On the basis of the analysis of criminal and legal literature, certain provisions of the Criminal Code of Ukraine and court practice of their application, the author has determined that the description of special features of the crime’s subject through the construction of “in connection with the performance of official duties” used by the legislator in the disposition of the Art. 330 of the Criminal Code of Ukraine indicates the identity of the subject to the category of officials. At the same time, taking into account the dualism of criminal and legal approaches to the definition of the term of “an official” in the descriptions of a victim and the crime’s subject, the author has emphasized on the application of the more narrow concept laid down in Part 3 of the Art. 18 of the Criminal Code of Ukraine and the Resolution of the Plenum of the Supreme Court of Ukraine dated from April 26, 2002 No. 5 “On judicial practice in cases of bribery”. As a result, the author has come to the conclusion that a special subject of the crime under the Art. 330 of the Criminal Code of Ukraine may be officers of the departments of the National Police of Ukraine, the State Investigation Bureau, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Guard Service of Ukraine, the Office of State Security, the State Fiscal Service of Ukraine, the State Penal Service of Ukraine, the Ministry of Defense of Ukraine, the President of Ukraine, officials of the President’s Administration of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, National Security and Defense Council of Ukraine, Supreme High Command General Headquarters of Ukraine, the Ministry of Defense of Ukraine, the General Staff of Armed Forces of Ukraine, the unions, military units and units of the Armed Forces of Ukraine, the State Special Transport Service, the State Service for Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, regional, district, city and district in the cities, state administrations and local self-government agencies, as well as officials of enterprises, institutions and organizations that carry out state defense orders, conduct research and perform development in the defense area, etc.

scholarly journals Organized cybercrime in Ukraine: problems of formation of official statistics and its analysis

2021 ◽  
pp. 193-201
Author(s):  
O. TARAN ◽  
V. GAVLOVSKY
Keyword(s):  
Criminal Organization ◽  
Criminal Code ◽  
The State ◽  
Official Statistics ◽  
Criminal Offenses ◽  
Judicial Administration ◽  
Illegal Acts ◽  
Definition Of ◽  
National Police ◽  
First Time

The article analyzes the types, forms and content of statistical reporting that reflects the state and structure of cybercrime in Ukraine. Ways to interpret statistical information and to use its capabilities in preventing and combating cybercrime are identified. The shortcomings of the structure of official statistical data, namely unsystematic character, inconsistency and incoherence of their formation, are generalized and revealed. It is noted that the national and international legislation lacks a generally accepted definition of cybercrime so far, and therefore a single approach to defining the grounds for classifying illegal acts as such crimes. The reports were developed without considering further analysis of cybercrime. And while the report of the National Police of Ukraine contains data on a number of criminal offenses that can be attributed to cybercrime, the official statistical reports prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, except for Chapter XVI of the Criminal Code, are missing the mentioned data. Therefore, official statistics, which fully and accurately reflect the state and structure of cybercrime cannot be introduced today. It is possible to analyze only the dynamics of this type of crime, the structure of crime on the basis of recorded crimes. The number of criminal offenses under the articles of chap. XVI of the Criminal Code of Ukraine, is growing unevenly, and this growth in the last 4 years is insignificant. The share of these criminal offenses is growing more dynamically. But their share of the total crime rate in Ukraine today is insignificant and is less than one percent - in 2020 0.69. In the first quarter of 2021, employees of cyber police units of the National Police of Ukraine, for the first time detected 4 criminal offenses under Art. 255 of the Criminal Code of Ukraine (“Creation of a criminal organization”). During 2013 –2010, 112 persons were found to have committed criminal offenses of this category as part of a group, 16 of them as part of an organized group. Also during this period, 171 persons who committed criminal offenses in the group in previous years were identified, including 68 in the organized group. The number of convicted persons who committed criminal offenses in the group during this period is 64, 9 of them committed crimes in an organized group.

scholarly journals Directions of reforming the national police as an element of public administration of Ukraine

2021 ◽  
pp. 214-218
Author(s):  
K.O. Nesterenko ◽  
YU.V Trotsay
Keyword(s):  
Public Administration ◽  
National Guard ◽  
Personal Responsibility ◽  
Armed Forces ◽  
The State ◽  
Public Confidence ◽  
Clear Understanding ◽  
Opinion Poll ◽  
Police Reform ◽  
National Police

The consideration of the main normative acts regulating and accompanying the process of reforming the units of the National Police as a part of the public administration in Ukraine is offered.It was stated that the current state of the National Police does not fully meet the challenges and realities of today. Police reform should not be a process for the sake of the process, the end result should be systemic change, this requires a clear understanding of the stages of reform, their regulatory support at both strategic and tactical levels and performance based on certain indicators. In the area of regulatory support for police reform, it should be noted a certain inconsistency, ie even in the presence of documents at the strategic level, it is noted that some systemic elements of the reform are not clearly spelled out, which leads to legal confusion and delays. It is believed that systemic changes are required by the Code of Ukraine on Administrative Offenses and a number of bylaws, including: in terms of depoliticization of the National Police and financial issues of its work; creation of a system for assessing the work of the police on the basis of the level of public confidence by conducting an independent opinion poll; overcoming the impunity of law enforcement officers and in order to strengthen their personal responsibility through identification, which will provide additional opportunities for influence and participation of citizens to improve the activities of the police. It was stressed that comprehensive reform of the entire security and defense sector is urgently needed for Ukraine. At the same time, the National Police cannot be reformed as a separate declared project - a model of law and order, as its activities are constant interaction with the executive, the National Guard, the State Emergency Service, the State Migration Service, the Border Service and the Armed Forces. prosecutor's office, courts, etc. All this necessitates a review of the organizational structure and functions of these bodies to achieve balance, coordination and effectiveness of their actions and, as a consequence, to achieve the key goal of reforming the National Police - the trust of citizens.

Tindak Pidana Korupsi Proyek Pusat Pendidikan Pelatihan dan Sekolah Olahraga Nasional di Kementrian Pemuda dan Olahraga ( Studi Putusan Nomor 2427K/Pid.Sus/2014 )

2021 ◽  
Vol 1 (2) ◽  
pp. 80-102
Author(s):  
Entol Suparmin ◽  
Amsori Amsori
Keyword(s):  
Criminal Code ◽  
The State ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
National Police

Corruption, eradicating criminal acts of corruption, Decision No. 2427K / Pid.Sus / 2014, formulation: Is the imposition of criminal sanctions on corruption in the Ministry of Youth and Sports projects the same as the imposition of criminal acts of corruption in general, What is the basis for legal considerations for judges in imposing corruption crimes with Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption, the normative method is carried out on theoretical matters. Knowing whether the imposition of criminal sanctions on corruption is the same as the imposition of criminal acts of corruption in general. know what is the basis for legal considerations for judges in imposing crimes on perpetrators of Corruption Crime, the legal basis for adjudicating cases. The conclusion of the Judge's consideration, the imposition of additional criminal sanctions to compensate the state losses imposed on the defendant was imprisoned for 4 years and a fine, Article 2 paragraph (1) in conjunction with Article 18 of Law No. 31 of 1999 as amended by Law No. 20 of 2001 concerning the Eradication of Corruption in conjunction with Article 55 paragraph (1) 1 in conjunction with Article 65 paragraph (1) of the Criminal Code. Suggestions need evaluation In handling corruption crimes by implementing a synergy pattern between Indonesian National Police Investigators, Public Prosecutors , Prosecutor's Office, Corruption Eradication Commission.

EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT

2020 ◽  
pp. 46-52
Author(s):  
S. V. Rozenko
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
The State ◽  
State Punishment ◽  
Legal Structure ◽  
Legal Nature ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character ◽  
Scientific Doctrine

The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacteristic of regulations and the formation of the criminal code of legal structure, where the punishment has ceased to be an obligatory consequence of the crime, as embodied and other measures of criminal-legal nature, like legal consequences of the crime. The essence of criminal punishment is recognized as a historically variable category, since it is determined by the objectives of criminal policy implemented by the state. Punishment includes legal restriction of the person, its rights and freedoms, but it is caused by system interaction with other measures of criminal-legal character.

scholarly journals MILITARY LEADERSHIP FRAMEWORK IN TERMS OF STRATEGIC COMMUNICATIONS OF THE NATIONAL GUARD OF UKRAINE

2021 ◽  
Vol 1 (37) ◽  
pp. 24-29
Author(s):  
P. Tkach ◽  
Keyword(s):  
National Guard ◽  
Armed Forces ◽  
Military Leadership ◽  
Military Leader ◽  
Strategic Communications ◽  
Emergency Situations ◽  
Leadership Framework ◽  
Army Leadership ◽  
Definition Of ◽  
The Military

Fundamental documents regarding military leadership and strategic communications of the Armed Forces of Ukraine and the USA were analysed in the article. It refers to the Development of Military Leadership in the Armed Forces of Ukraine Doctrine, Project of Strategic Communications Doctrine in NGU, Strategic Communications Doctrine (AFU), Army Leadership and the Profession: Army Doctrine Publication No. 6-22, Army Leadership: Competent, Confident, and Agile Field Manual No. 6-22. Based on the analysis that was carried out, it is clarified how military leadership is viewed in the sources mentioned. Thus, Field Manual No. 6-22 �Army Leadership: Competent, Confident, and Agile� defines, that an Army leader is anyone who by virtue of assumed role or assigned responsibility inspires and influences people to accomplish organizational goals. Army Doctrine Publication No. 6-22 �Army Leadership and the Profession� specifies leadership as the activity of influencing people by providing purpose, direction, and motivation to accomplish the mission and improve the organization. In the Doctrine of development of military leadership of the Armed Forces of Ukraine approved in December, 2020 leadership is considered as deliberate influence of the personnel of different ranks during everyday, official, learning and combat activities, �nd irregular (unusual, emergency) situations on the personnel by means of maintaining trust and respect, giving purpose, directing towards achieving it, providing discipline and motivation for performing tasks as intended and improving the Armed Forces as a social establishment. It is found out that in all above mentioned documents leadership is intertwined with influence and communication that define competencies of a modern military leader. The connection of leadership with strategic communications is considered in the article. The role of command in the creation of military leadership is defined. In particular, since one of the tasks of command within strategic communications is providing leadership of the military, and leadership reveals itself in the process of using effective methods of internal communications, it has been concluded that command is simultaneously a source of creation and tool for leadership . The article states that it seems urgent to raise the question of the definition of the notion of leadership for the National Guard of Ukraine, which would make it possible to define competencies required for the NGU officers. The suggestions regarding viable definition of the notion of leadership for the further validation of the military leadership framework within the National Guard of Ukraine activity are made.

scholarly journals Tasks and powers of the National police of Ukraine in ensuring information security of the state

2021 ◽  
Vol 10 (37) ◽  
pp. 86-92
Author(s):  
Vitalii Makarchuk
Keyword(s):  
Information Security ◽  
Cyber Security ◽  
The State ◽  
Legal Method ◽  
Modeling And Forecasting ◽  
The Subject ◽  
Definition Of ◽  
Definition Of Information ◽  
National Police

The purpose of the article is to examine the role of the National Police of Ukraine in ensuring the information security of Ukraine. The subject of the study: The subject of the study is the competence of the National Police of Ukraine in ensuring the information security of Ukraine. Methodology: Dialectical method, epistemological method, analytical method, formal and legal method, normative and dogmatic method, the methods of legal modeling and forecasting were used in the research. The results of the study: The definition of “information security” and “cyber security” is provided. The main factors that negatively affect the information space in Ukraine, as well as current threats to Ukraine’s national security in the information sphere are identified. Practical implications: It is established that the number of crimes in the information sphere is growing every year. In this regard, the task of the National Police is to combat crimes and other offenses in this area, as well as to protect relevant rights and freedoms of citizens, society and the State. Value/originality: The tasks and powers in the area of information security protection of the National Police in general and the Department of Cyber Security, in particular, are defined.

scholarly journals Security and defense sector of Ukraine in the mechanism of realization of the defense function of the state

2020 ◽  
pp. 78-82
Author(s):  
Viacheslav Alexandrov
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
National Guard ◽  
Armed Forces ◽  
Civil Defense ◽  
The State ◽  
Industrial Complex ◽  
Law Enforcement Agencies ◽  
Security Forces ◽  
Defense Function

The article highlights the aspects of the Security and Defense Sector’s defense function. Based on the analysis of the legislationof Ukraine, the specifics of the normative regulation of the content of the category “defense”, as well as the diversity of doctrinal understandingof this category are highlighted. It is noted that the defense function of the state is realized, in fact, by all elements of the powermechanism. In this way, the state of readiness of the state “defense forces” necessary for the flow of armed aggression is achieved.Along with this, it was noted that within the framework of the state mechanism, it is expedient to single out those structures whosecompetence directly provides for the implementation of the defense function.The structure of the security and defense sector contains four components, which are differentiated according to their functionalpurpose and legal nature. In particular, these are: 1) security forces; 2) defense forces; 3) defense-industrial complex; 4) public associationsthat voluntarily participate in ensuring national security. It is also worth noting that the institutional components of Ukraine’ssecurity and defense sector belong to both the state apparatus and civil society institutions.The content of the categories “security forces” and “defense forces” is distinguished. Security forces are law enforcement andintelligence agencies, state bodies of special purpose with law enforcement functions, civil defense forces, as well as other bodiesentrusted by the Constitution and laws of Ukraine with functions to ensure the national security of Ukraine. In turn, the defense forcesinclude the Armed Forces of Ukraine, as well as other military formations, law enforcement agencies and intelligence agencies formedin accordance with the laws of Ukraine, as well as special purpose bodies with law enforcement functions, which are assigned by theConstitution and laws of Ukraine. The main institutional element of the Security and Defense Sector is the Armed Forces of Ukraine.It is the Armed Forces that protect the sovereignty of the state and territorial integrity, as well as ensure the inviolability of state borders.Emphasis is placed on the function of the National Guard of Ukraine and the State Border Guard Service of Ukraine as important componentsof the security and defense sector.It is noted that today the subordination of military institutions and law enforcement agencies to various ministries and authoritiesis a factor that may negatively affect their interaction in the process of performing the tasks provided by law. Therefore, we consider itexpedient for the President of Ukraine, as the Head of State and the Supreme Commander-in-Chief of the Armed Forces of Ukraine, toadopt a normative act on cooperation between the Security and Defense Sector in the process of armed defense of Ukraine’s territorialintegrity and state sovereignty.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

scholarly journals Legal regulation and grounds for theuse of coercive measures by law enforcement bodies of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 98-105
Author(s):  
Denys Sfvchuk
Keyword(s):  
Law Enforcement ◽  
National Guard ◽  
Law Enforcement Officers ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Basis ◽  
Coercive Measures ◽  
Two Factors ◽  
The Right ◽  
National Police

The issue of regulatory and legal support for the use of coercion by authorized entities, as well as the grounds for the application of coercive measures by such bodies have been studied. According to the results of the study, it is concluded that the legal regulation of law enforcement agencies to apply coercive measures is carried out by a certain system of legislation, consisting of a large number of regulations that differ from each other in many ways and is a hierarchical system based primarily on the Constitution of Ukraine. At the same time, the legal grounds for the use of coercion by law enforcement officers are enshrined in the hypotheses of the norms of only certain regulations - the Laws of Ukraine "On the National Police", "On the National Guard", "On Pre-trial Detention", "On the Military Law Enforcement Service in Armed Forces of Ukraine ”as well as the Criminal Executive Code of Ukraine. The rest of the laws, although giving law enforcement officers the right to apply force, contain blanket rules that refer to the above three regulations to clarify the legal basis for their application, mainly to the Law on the National Police. It is also determined that the limits of harm caused by a law enforcement officer during the appli-cation of coercive measures must be commensurate with two factors: first, with the potential for danger to law enforcement interests (legal basis), and secondly, with the situation in which turned out to be the subject of coercion during the elimination of the specified non-security (factual basis). These two factors, combined, are nothing more than a complex basis of harm to the offender. And the actions of law enforcement officers will only be morally justified and permitted by law if the damage they caused is commensurate with both factors of the cause that caused it, ie the reason for the damage. The article expresses the opinion that the researched issues reflect the opposition of public and private interest, which is solved using the universal principle of proportionality. It is in this way that the legal regulation is carried out, where the legislator approaches the infliction of harm as a result of the use of force in a differentiated manner.

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