scholarly journals Socially Dangerous Behavior as the Mandatory Feature of the Objective Aspect of Crime Under the Article 330 of the Criminal Code of Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 87-94
Author(s):  
V. Yu. Boichuk
Keyword(s):  
Criminal Behavior ◽  
Criminal Code ◽  
Electronic Documents ◽  
Foreign Enterprise ◽  
The Subject ◽  
Or Organization ◽  
Transfer Of Information ◽  
Foreign Enterprises ◽  
Official Information ◽  
Objective Aspect

On the basis of the analysis of existing scientific approaches to the interpretation of socially dangerous act, provided by the legislator in the Art. 330 of the Criminal Code of Ukraine, the author has formulated own approach to determining its content and possible forms of such criminal behavior. When transferring data to foreign enterprises, institutions, organizations or their representatives constituting the official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, it is offered to understand the commission of any actions by the subject, which are: 1) the direct transfer of information to a representative of a foreign enterprise, institution or organization (verbally, by the delivery of material carriers, etc.); 2) forwarding information with the use of communication means (postal, telephone, telegraph, electronic, etc.) to the address of a foreign enterprise, institution, organization or their representatives; 3) creating the conditions for acquaintance or access to them by a representative of a foreign enterprise, institution or organization. The author believes that the collection of data for the purpose of transferring to foreign enterprises, institutions, organizations or their representatives that constitutes official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, should be considered as a process, which depending on the situation, may include: detection of information (its carriers), its recording (in memory or by technical means: photo, video, audio recording, copying of documents, electronic documents on USB, HDD, CD drives, etc.); removal of recorded information in the form of a copy or the original carrier from the location; placing the retrieved information in a specific place for storage and further transfer. The collection of data for the purpose of its transfer should be considered as an action, which is contrary to the rules established by law and, accordingly, requires overcoming the obstacles established by law in order to get access to it. To achieve this purpose, the offender may resort to illegal means such as wiretapping, abduction, bribery, extortion, etc.

scholarly journals Guilt in compositions of crimes against bases of national safety of Ukraine: problem questions of theory and fixing in a law on criminal responsibility

2019 ◽  
pp. 136-150
Author(s):  
R. Chorniy
Keyword(s):  
National Security ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Special Part ◽  
Direct Indication ◽  
General Part ◽  
The Law ◽  
Transfer Of Information

The article is devoted to the investigation of forms and types of guilt in the composition of crimes against the basics of national security of Ukraine. The presence of a number of unresolved issues at the theoretical and legal level on this issue actualizes the need for its scientific elaboration and formulation of proposals to improve the provisions of the law on criminal liability. The purpose of the article is to investigate the problematic issues of forms and types of guilt in crimes against the bases of national security of Ukraine, ways of fixing them in the articles of Section I of the Special part of the Criminal Code of Ukraine and to develop sound proposals for their solution based on the provisions of the doctrine of criminal law. The article presents the existing approaches of doctrinal interpretation by scientists of the provisions on wine, its forms and types, through which the research of this feature in the crimes under Art. Art. 109 - 114-1 of the Criminal Code of Ukraine. It is proved that the most reasonable is the psychological concept of guilt, which promotes the insertion of forms and types of guilt in crimes against the basics of national security with a formal composition, the elucidation of forms of guilt in the warehouses of crimes provided by articles of section I of the Special part of the Criminal Code of Ukraine, in which the legislator directly does not say that it is one of the preconditions for the proper qualification of the act committed by the person. It is proved that the basis for the conclusion about the intentional form of guilt is based on: 1) a direct indication of it in the norm of the law (Part 1 of Article 110 and Part 1 of Article 111 of the Criminal Code of Ukraine); 2) indication of the specific purpose or motives of the criminal behavior (Part 1 of Article 109, Note 1, Part 1 and Part 2 of Article 110-2, Article 113, Part 1 of Article 114 and Article 112 of the Criminal Code of Ukraine) ; 3) combination of the above mentioned features in one norm (Part 1 of Article 110 of the Criminal Code of Ukraine); 4) interpretation of terms used in the dispositions of certain articles and / or through the description in the law of the features of the crime (Part 1 of Article 110, Part 2 of Article 109, Part 1 of Article 110, Part 1 of Article 111, Article 112, Article 113, Part 1 of Article 114 and Part 1 of Article 114-1 of the Criminal Code of Ukraine); 5) interpretation of terms used in other articles of the Special (espionage as a part of state treason) or articles of the General part of the Criminal Code of Ukraine (conspiracy to commit the actions provided for in part 1 of Article 109 of the Criminal Code of Ukraine (Article 26 of the Criminal Code of Ukraine), attempted murder state or public figure (Article 112 of the Criminal Code of Ukraine) (part 1 of Article 15 of the Criminal Code of Ukraine); 6) the orientation of socially dangerous acts. The specifics of constructing all these norms testify to the direct intent of the person who committed the respective crime. On this basis it is substantiated that the lack of specification of intent in part 1 of Art. 111 and Part 1 of Art. 110 of the Criminal Code of Ukraine does not contribute to the clarity of the provisions of the Criminal Code in the specified part, and the direct intent in the composition of these crimes is evidenced by: 1) special purpose (Part 1 of Article 110 of the Criminal Code); 2) the terms used in the dispositions of the said articles (“violation of the order… established by the Constitution of Ukraine” (part 1 of Article 110), “transfer of information…, transition to the enemy's side, rendering… assistance in carrying out subversive activities against Ukraine”) ( Part 1 of Article 111); 3) the focus of socially dangerous action. In order to eliminate the ambiguous interpretation of the provisions of Part 1 of Art. 110 and Part 1 of Art. 111 of the Criminal Code it is proposed to amend them accordingly. The forms and type of guilt in the warehouses of crimes with material composition (Part 3 of Article 110, Part 3 and 4 of Article 110-2, Part 2 of Article 114-1 of the Criminal Code of Ukraine) were not clearly reflected in the relevant rules of the law. It is substantiated that the subject's attitude to socially dangerous consequences (deaths of people (h. 3 Art. 110, h. 2 Art. 114-1), other grave consequences (h. 3 Art. 110, h. 4 Art. 110- 2, Part 2 of Article 114-1) Causing considerable property damage (Part 3 of Article 110-2) can be intentional or negligent.

scholarly journals CONTROVERSIAL ISSUES ON THE QUALIFICATION OF POST-CRIMINAL BEHAVIOR

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Criminal Behavior ◽  
Criminal Code ◽  
Controversial Issues ◽  
Legal Assessment ◽  
Crime Commission ◽  
Legal Enforcement ◽  
Legal Science ◽  
The Subject

The paper is focused on studying such a category of modern criminal law of Ukraine as “qualification of post-criminal behavior”. It has been noted that it reflects the sequence, procedure and consequences of the criminal assessment of the actions or omission of a person after the committed crime, which are not covered by corpus delicti of the committed crime. The authors have stated that post-criminal behavior, along with criminal behavior (a crime), is now included into the structure of the subject matter of criminal law. Therefore, persons carrying out legal enforcement must be properly aware of the specifics of its legal assessment. Post-criminal behavior (for example, evasion of court hearings, person’s active repentance, compliance with or violation of admission by bail conditions or probation conditions, conscientious conduct, reconciliation with the victim, etc.) can be both positive, and negative. The first entails favorable criminal consequences for the person who committed the crime in the form of abolishing or reducing the restrictions of his or her rights and freedoms caused by the crime commission. The second, entails additional such restrictions or deprivation of certain rights within criminal relations. It has been stated that the issues of qualification of post-criminal behavior of a person have not been developed by legal science yet. It has been offered to apply the theory of qualification of a crime in this field of research. Typical stages and phases of post-criminal behavior qualification have been determined. The qualification of post-criminal behavior has been defined as establishment of the identity of actions or omission of a person after committing a crime to the features of post-criminal behavior’s corpus delicti, set in the disposition of the relevant norm of the Criminal Code, and adopting an act, which establishes such identity and determines the possibility of applying criminal consequences to a person provided by such norm.

scholarly journals Violation of the transplantation procedure: issues of improvement of criminal legislation of the Republic of Belarus

2020 ◽  
Vol 1 (1) ◽  
pp. 133-141
Author(s):  
Aleksey Kovalchuk ◽  
Yuriy Dukhovnik
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Tissue Transplantation ◽  
Medical Activity ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation ◽  
Objective Aspect ◽  
Preventive Role

The article deals with the study of the peculiarities of criminal law norms enshrined in Art. 164 of the Criminal Code of the Republic of Belarus further and the formulation on this basis of ways to improve them. Transplantation is an important area of medical activity, which allows overcoming serious human diseases. Сriminal law norms play an important preventive role to minimize violations in the field of organ and tissue transplantation. In the Republic of Belarus, Article 164 of the Criminal Code establishes liability for violation of the procedure for transplantation. The analysis of the signs of this crime allowed to determine their problematic aspects. The authors conducted the research of this crime, based on the signs of Corpus delicti. Based on law enforcement practice and various scientific views of scientists, the ways of improving the criminal legislation of the Republic of Belarus, which establishes liability in the field of violation of the transplantation procedure, are proposed. The authors' proposals to amend article 164 of the Criminal Code of Belarus pursue the aim to overcome situations of legal uncertainty and to prevent errors in law enforcement practice. So, as a result of the research, it is proposed to amend the title of article 164 of the Criminal Code of Belarus and its disposition. The objective aspect of crime and the subject of the crime as signs of corpus delicti are pro-posed to change. During the research, the differences between the criminal and blanket legislation to which he refers were established, in connection with which, ways to overcome them are proposed.

scholarly journals BRIBERY AS A WAY OF SPECIAL INCITEMENT TO TRAFFICKING

2019 ◽  
pp. 190-196
Author(s):  
V. V. Berezner
Keyword(s):  
Criminal Code ◽  
Human Beings ◽  
Trafficking In Persons ◽  
Monetary Compensation ◽  
Independent Form ◽  
Third Person ◽  
The Subject ◽  
The One ◽  
Definition Of ◽  
Objective Aspect

The article analyzes the novelties proposed by the domestic legislator concerning ways of committing such an offense as human trafficking. It is concluded that there are certain contradictions in the design provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine, stipulated by the mechanical combination of national and international representations about the essence of this crime. In particular, it is noted that, unlike national criminal law, international legal acts consider this concept as a civil law category, defining it in accordance with the content of the contract of sale, and position the trafficking of human beings as a combination of mandatory elements, which includes the act, the ways of its commission and the purpose of exploitation of a person. Therefore, on the one hand, the transfer- receipt of a person, including for monetary compensation, cannot be considered as trafficking in persons, if they are not carried out in the indicated ways and do not pursue the purpose of exploitation, and on the other - preservation in the disposition of Part 1 of Art. 149 of the Criminal Code of Ukraine, trafficking in human beings, as an independent form of the objective aspect of thiscrime, leads to the double criminalization of the transfer-receipt of a person, since any sale or purchase without this is impossible. In this regard, the disposition of Part 1 of Art. 149 to be described as descriptive of the definition of trafficking in persons as the recruitment, transfer, harboring, transfer or receipt of a person for the purpose of exploitation that occurs through the use of violence which is not dangerous to the life or health of the victim or his relatives or the threat of the use of such violence, deception, blackmail, material or other dependence of the victim, his vulnerable state, or the bribery of a third person who controls the victim. The criminal nature of the bribing of a third person who controls the victim is determined for obtaining an agreement on its exploitation. It is argued that the bribery of a third person is connected with the transfer of a person, in particular, with its component, such as providing another person with control over the victim and is not a way of committing this act, but a kind of special incitement to it. There is justification for recognizing the subject of the bribe of a third person who controls the victim, the perpetrator of the crime provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

Determinants of Abuse of the Bodies of the Dead

2019 ◽  
pp. 71-77
Author(s):  
Margarita Khomyakova
Keyword(s):  
Low Income ◽  
Criminal Code ◽  
Value Judgments ◽  
Legal Norms ◽  
Low Level ◽  
Medical Institutions ◽  
Specific Object ◽  
The Subject ◽  
The Dead ◽  
High Level

The author analyzes definitions of the concepts of determinants of crime given by various scientists and offers her definition. In this study, determinants of crime are understood as a set of its causes, the circumstances that contribute committing them, as well as the dynamics of crime. It is noted that the Russian legislator in Article 244 of the Criminal Code defines the object of this criminal assault as public morality. Despite the use of evaluative concepts both in the disposition of this norm and in determining the specific object of a given crime, the position of criminologists is unequivocal: crimes of this kind are immoral and are in irreconcilable conflict with generally accepted moral and legal norms. In the paper, some views are considered with regard to making value judgments which could hardly apply to legal norms. According to the author, the reasons for abuse of the bodies of the dead include economic problems of the subject of a crime, a low level of culture and legal awareness; this list is not exhaustive. The main circumstances that contribute committing abuse of the bodies of the dead and their burial places are the following: low income and unemployment, low level of criminological prevention, poor maintenance and protection of medical institutions and cemeteries due to underperformance of state and municipal bodies. The list of circumstances is also open-ended. Due to some factors, including a high level of latency, it is not possible to reflect the dynamics of such crimes objectively. At the same time, identification of the determinants of abuse of the bodies of the dead will reduce the number of such crimes.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

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