PDF: Full Issue: European perspectives. 2020. №2 (ukrainian)
THEORY, HISTORY OF THE STATE AND LAW
BANDURKA O.M., HRECHENKO V.A.
THE MILITIA OF THE UKRAINIAN SSR IN 1936: WHAT YOU NEED TO KNOW, TAKE INTO ACCOUNT, AVOID
Today’s challenges caused by the pandemic are characterized by the highest prevalence of infectious diseases in many countries around the world, so restrictive measures are introduced that do not allow the full implementation of the justice system. In the national systems analyzed in the article (Austria, Bulgaria, Bosnia and Herzegovina, Armenia, Poland), special rules were introduced to meet the need for social distance, while providing a minimum level of justice. This applies in particular to proceedings involving children, guardianship, domestic violence and detention. An e-court system is a means of optimally addressing the rule of law and due process during a pandemic. Once a normal, partially or completely normal trial has resumed, the judiciary will have to take steps to ensure that the accumulated backlogs are resolved, in compliance with all procedural guarantees.
PROBLEMS OF IMPLEMENTATION OF THE PROVISIONS OF THE ROMAN STATUTE OF THE INTERNATIONAL CRIMINAL COURT CONCERNING WAR CRIMES IN THE LEGISLATION OF THE PARTICIPATING STATES
CHERNOVSʹKYY O.K., FEDINA A.V.
PECULIARITIES OF USING SPECIAL PSYCHOLOGICAL KNOWLEDGE IN ADMINISTRATIVE PROCEEDINGS
Suggestions have been made regarding the improvement of some procedures for the professional activity of law enforcement subjects. Emphasis is placed on the importance of modern administrative and legal support for their day-to-day activities in the performance of law enforcement tasks and functions. It is proposed to amend the relevant legislation in order to increase the efficiency of law enforcement activities and improve the motivationally-encouraged forms of their professional activity.
OBJECT OF THE OFFENSE IN THE FORM OF FAILURE TO COMPLY WITH LEGAL REQUIREMENTS OF OFFICIALS OF THE STATE TAX SERVICE OF UKRAINE
The object of an administrative offense is defi ned by public relations established by the norms of the administrative and other branches of legislation, to which an administrative offense is caused or may be damaged. The general object of an administrative offense under Article 1633 Code of Administrative Offenses are public relations in the fi eld of public order, property, rights and freedoms of citizens, the established management procedure.
The object of the offense under Article 1633 Code of Administrative Offenses are public relations of public administration in the field of fi nance and business.
The direct object of an administrative offense under 1633 Code of Administrative Offenses are public relations established by the norms of administrative and tax legislation between officials of the state tax service and officials of enterprises, institutions, organizations, including the institutions of the National Bank of Ukraine, commercial banks and other financial and credit institutions regarding the information specified in paragraph. 20.1. Tax Code of Ukraine. An additional object of the investigated administrative misconduct may be public relations in the fi eld of taxation.
Key words: corpus delicti, object, failure to comply with the law, requirement, official, tax authorities.
In accordance with international standards Ukraine shall take the necessary legislative or other measures to ensure that: a) interviews with the child take place without unjustified delay after the facts have been reported to the competent authorities; b) interviews with the child take place, where necessary, in premises designed or adapted for this purpose; c) interviews with the child are carried out by professionals trained for this purpose; d) the same persons, if possible and where appropriate, conduct all interviews with the child; e) the number of interviews is as limited as possible and in so far as strictly necessary for the purpose of criminal proceedings; f) the child may be accompanied by his or her legal representative or, where appropriate, an adult of his or her choice, unless a reasoned decision has been made to the contrary in respect of that person.
Ukraine shall take the necessary legislative or other measures to ensure that all interviews with the victim or, where appropriate, those with a child witness, may be videotaped and that these videotaped interviews may be accepted as evidence during the court proceedings, according to the rules provided by its internal law.
This is exactly what characterizes the basic principles of the “Green Room” method, which is not currently introduced in Ukraine at the legislative, mandatory level.
The author emphasizes the absence of a legal act that would regulate the use of the “Green Room” in Ukraine. It is proposed to develop and adopt the Order of the Ministry of Internal Affairs of Ukraine “On approval of the Instruction on the application of the Green Room methodology in the National Police of Ukraine”.
In our opinion, the proposed Instruction should contain eight sections: General provisions; Basic principles of application of the method “Green Room”; The main areas of application of the method “Green Room”; Organization of police work during the application of the “Green Room” method; General conditions of the survey according to the method of “Green Room”; Stages of the survey according to the method of “Green Room”; Using the results of the survey by the method of “Green Room”; Registration of survey results by the method of “Green Room».
ADMINISTRATIVE AND LEGAL FORMS AND METHODS OF QUALITY ASSURANCE OF EDUCATIONAL ACTIVITY IN HIGHER EDUCATION INSTITUTIONS OF THE SYSTEM OF THE MINISTRY OF INTERNAL AFFAIRS OF UKRAINE
REALIZATION OF THE PLAINTIFF’S RIGHTS AND OBLIGATIONS IN THE ADMINISTRATIVE PROCESS
After investigation, it was revealed that new provisions for the relationship between entities and objects judicial administrative proceedings in cases their legal status, the exercise of their rights and interests, appeals against court decisions, and Enforcement of execution documents. They are specified in the Code of Administrative Justice of Ukraine and it’s necessary to interpret and explain, determine the nature and features of enforcement in administrative proceedings.
The question of the manner in which the parties of the administrative process, in particular the plaintiff, exercised their rights and obligations was not suffi ciently examined in the administrative process. So the aim of the study was to establish a comprehensive approach to the question of the plaintiff’s exercise of the right and duty in the administrative process, as well as to the questions of representation.
It is known that the legal relationship between the representative and the representative always precedes the legal relationship between
CRIMINAL LAW, CRIMINAL PROCESS AND CRIMINAL SCIENCE
The notion of these measures is formulated and their specifi city is considered. Thus, the general social preventive measures – is an aggregate of economic, political, ideological, organizational and other measures. Systematic and specific of measures on the general social level for violent crime associated with the complex study of such groups of the problems as the improvement of ideological and educational work among the population, reduction of social contradictions, the minimization of criminal confrontation of different groups of the population, increase of social life standards that contributes to building a solid foundatio n for the normal functioning of all social spheres, education and control of children and young people, recovery the moral climate in society, the introduction of high moral values, etc.
But specially-criminological prevention of violent crimes is aimed at the revelation and elimination or weakening of the factors that determine criminality in general, separate species and groups of crimes, the causes and conditions of spe- cifi c crimes. The most optimal measures are: intervention in crisis situations; decrease the feasibility of the violent crimes commission; educational and information work among the population; community involvement in the prevention of violent crimes; assistance to victims of these crimes, etc.
The sphere of the integration measures is defi ned and also given proposals for improving separate directions of operational activity of internal affairs agencies.
MONITORING OF BANK ACCOUNTS AS A SILENT INVESTIGATIVE ACTION:
DOMESTIC AND FOREIGN EXPERIENCE OF PROCEDURAL SUPPORT
Monitoring of the bank accounts as unspoken investigative action was implemented in our law in order to provide for the international obligations of Ukraine in the fight with money laundry and terrorism financial support, and also for giving the National Anticorruption Bureau of Ukraine the opportunity to effectively fight with the corruption of the high level authorities.
The intergovernmental authority that develops and implements actions and standards on the international level as for the money laundry is Financial Action Task Force on Money Laundering (FATFML). This authority actively cooperates with many international organizations, which are targeting to combat “dirty” money laundry.
Financial Action Task Force on Money Laundering recommends that the countries should provide the appropriate authorities on site have the capability of taking a wide spectrum of investigational actions in the money laundry investigations, connected crimes and financing the terrorism. These are the following investigational techniques: secret operations, connection interception, access to the computer systems and controlled supplies.
In Ukraine such authority is the State Financial Monitoring Service. This Service , as a financial intelligence of Ukraine, takes the intensified measures of the practical nature when fighting the incomes laundry, which were gained in a criminal way, terrorism financing and financing of the mass destruction weapon
Bank accounts monitoring means that according to the Criminal Code of Ukraine, the National Anticorruption Bureau of Ukraine’s detective by the decision of the investigating judge gains the current information from bank as for the transactions on one or many accounts in order to place the criminal actions with the help of a particular bank account in the bank on the territory of Ukraine; or to look for or identify the property which is to be confiscated. According to the Criminal Code of Ukraine bank accounts monitoring is only possible during the criminal investigations of the felony or extremely serious crime, which are under the National Anticorruption Bureau of Ukraine jurisdiction.
DANʹSHYN M.V., KOVALʹOV YU.YU.
POSSIBILITIES OF AUTOMATED INFORMATION-SEARCH SYSTEMS AND ARTIFICIAL INTELLIGENCE TECHNOLOGIES IN NON-PROCESSUAL FORM USE OF SPECIAL USE
METHODOLOGICAL FUNDAMENTALS OF THE STUDY OF INTERNATIONAL STANDARDS OF PROOF IN CRIMINAL PROCESS
Based on the analysis of scientific works of domestic and foreign scientists, the concept of methodology is defined as the doctrine of the content, cognitive possibilities and system of approaches, methods, principles, methods and means of scien- tifi c cognition.
The structure of methodology of research of international standards of proof in criminal process is revealed. It consists of: general philosophical and ideological approaches (dialectical and systemic, which are the basis of its research, and others: genetic, synergetic, anthropological, axiological, hermeneutical, functional and instrumental, activity approach, civilizational); general principles of scientific cognition (methodological pluralism, unity of historical and logical, combination of theory and history); methods of scientifi c cognition: general scientifi c methods (logical, historical, system and structural, structural and functional); and spe- cifi cally scientifi c methods (formal and legal, comparative and legal, sociological and legal methods, methods of theoretical and legal modelling, and of theoretical and legal prognostication). Each of these structural elements of the methodology is characterized.
The concept of methodics is defi ned and its sig- nifi cance in the research of international standards of proof is revealed.
Information is necessary at all stages: starting from the formulation of the problem to the evaluation of the results of criminological activity. On this basis, it can be considered that the process of forming the basic principles of the organization and implementation of combating crime should begin with the system of measures aimed at obtaining information on the various spheres of public life relevant to the said system. The study and analysis of the received information should facilitate in creating a real picture of criminological practice and post-criminal prevention of the state. The collected materials should be systematized. Once analyzed, they can be used as the basis for the next stages of strategy and tactics’ formation. The issues of collecting information in regard to public relations related to combating crime, its study and systematization at the state level in our country,are in the scope of interest of the relevant departments of the prosecutor’s office of Ukraine, the Ministry of Internal Affairs of Ukraine, other law enforcement agencies, the Ministry of Justice of Ukraine and the State Statistics Committee of Ukraine. In order for the information to be more complete and objective, it is necessary to involve non-governmental organizations for cooperation or to use their opportunities. Obtaining information related to the process of information provision for combating crime can also be accomplished through the systematization and study of historical materials, scientific literature, normative acts, existing leading law enforcement practices.
In the context of a sharp deterioration of the criminal situation, it is necessary to develop an effective state program for combating crime with the inclusion of sufficient, sometimes nonstandard, preventive measures in it, which requires the improvement of the professional level of law enforcement officials. In connection with this, on the basis of the results of the analysis of foreign experience and many years of domestic practice, a draft program for the prevention of selfish and violent crimes was developed, the priorities of the units of the National police (criminal and patrol police, police protection) were determined based on the strategy of crime prevention, taking into account operational capabilities and analysis of the operational situation in the service area. A methodology for identifying potential victims (already used by the National Police Preventive Action Units) is proposed, which includes programs (algorithms) for actions aimed at identifying persons liable to commit acts of self-violence and their relationships, as well as persons (their groups) with increased level of victimization.
Individual victim victim prevention, which is to identify persons with increased victimization and to take protective and educational measures aimed at reducing the risk of becoming a victim of criminal offenses, should play an important role in preventing selfish and violent crimes. Individual victim prevention has the potential to prevent self-inflicted acts of violence and, together with the implementation of the aforementioned measures, through the development and implementation of specific recommendations for identifying potential victims, predicting their victim behavior and reducing potential victimization, is an effective tool for preventing victimization.
In view of this, two interrelated programs have been proposed and for the purpose of individual prevention of acts of violence and violence: a program for identifying persons with high levels of victimization; a program to correct the victimization of individual citizens.
On the example of the State Bureau of Investigation, the directions of improving the current legislation are considered and guidelines for further scientifi c research are developed.
The doctrinal position is supported that law enforcement activities should consider the activities to protect the law, which are carried out by specially authorized bodies according to the procedure established by law and consist in the consideration of legally signifi cant cases, the identifi cation of offenses and the prosecution of those responsible for their commission, and, in some cases, in applying coercive measures to offenders regulated by law, as well as in representing and protecting the rights and legitimate interests of individuals and legal entities idic persons.
The opinion that the activities of the relevant private law enforcement agencies should be attributed to law enforcement is grounded. It is noted that the relevant legislative support for protection requires the activities of both state bodies and the non-state sector.
METHODOLOGICAL PRINCIPLES OF INVESTIGATION OF PROOF OF CIRCUMSTANCES, WHAT ARE THE GROUNDS FOR APPLICATION TO LEGAL ENTITIES
MEASURES OF CRIMINAL LEGAL NATURE
Proposed and disclosed the contents of the stages of research. Reviewed the features of use the methods for the study: search and bibliographic, sociological, system-structural, modeling, statistical generalization, observation, analysis, synthesis, abstraction, formal logical, comparative law, experiment.
The question of whether scholar is obliged to use only defned structure of methods is discussed in philosophical legal literature. That is why necessity to decide what state of liberty in forming its own methodological structure has the researcher Optimal approaches in the choice of methodological tools of the organization and implementation of the process of scientific knowledge are formulated. As the result of scientifc research the next conclusions are made. First of all set of certain methods are mainly defined by the subject of the research.
While choosing research methods, first and foremost, the specifi cs of object of research have been taken into account. The set tasks have been completed on the basis of general philosophical, sci- entifi c and special methods. The abovementioned methods of scientific research have been used in conjunction consequently contributed to comprehensive analysis, grounding of theoretical conclusions and practical recommendations concerning
The method of committing crimes in criminology has always been the subject of detailed attention of scientists, as it acts as a kind of “key” to the detection of crimes, reflects the characteristics of the individual, is a defining element in the development of certain methods and in some cases allows differentiation of crimes. new tasks before criminology, etc.
The article emphasizes that the method of committing a crime is one of the main elements of forensic characterization. Establishing the method of robbery of collectors helps to find out what happened at the scene and to plan a number of measures to investigate the criminal offense. Based on the accepted understanding in criminology of the method of committing a crime, the methods of robbery of collectors as a system of actions for their preparation, commission and concealment are revealed. It is noted that the robbery of collectors is preceded by careful preparation.
Robbery attacks on collectors are preceded by careful preparation, which includes: preliminary determination of the object of criminal encroachment, study of the crime scene, finding out the route of the collection vehicle, collection regime, collectors, security guards, drivers, their ability to resist, determination of the approximate amount of money, development of the plan of attack, selection of participants and distribution of roles, carrying out training and detailed working off of the actions on a scene, preparation of the necessary weapon, vehicles, ro making techniques and methods of masking the appearance of accomplices (for example, the use of masks), tactics of behavior in case of detention.
AGE OF SEXUAL CONSENT AND PROBLEMS OF SETTLEMENT OF VOLUNTARY SEXUAL RELATIONS BETWEEN JUVENILES UNDER CRIMINAL LEGISLATION
In an attempt to resolve the issue of the settlement of voluntary sexual relations between minors, the criminal legislation of some countries was analyzed, which is aimed at the settlement of such relations both between minors and between minors and adults. It is emphasized that foreign legislators try to minimize interference in the voluntary sexual relations of minors by enshrining in criminal law age or other factors that allow such relations between minors and between minors and adults under a certain age. Emphasis is also placed on the norms that can be implemented in the criminal legislation of Ukraine after their additional study.
Conclusions were also made on the impossibility of unambiguously determining the age of sexual consent, as well as conclusions on the need for a comprehensive study of the issue of voluntary sexual relations between minors.
CIVIL, ENTREPRENEURIAL, COMMERCIAL AND LABOR LAW
The article is devoted to the research of the realization of personal non-property right of freedom of outlook and religion in Ukraine. This article defines the concept of a general realization of freedom of outlook and religion. The basic tendencies of realization and general principles of freedom of outlook and religion are exposed. It is stated how particularly personal nonproperty rights are realized and how exactly the individual is empowered to exercise his/her right of freedom of outlook and religion.
Every person from birth is endowed with personal non-proprietary rights that he or she can use at any time in his or her life. One of these rights is freedom of worldview and religion, which has become relevant in today’s independent Ukraine.
As a general rule, the exercise of rights is understood as the realization of those opportunities which were provided by law or contract to the owner of the subjective right. At the moment, the question arises as to the exercise of freedom of thought and religion in Ukraine.
Based on the current general patterns of development of the institute of fundamental rights, there are reasons to speak about several basic trends in the exercise of the right to freedom of religion: a) multiple beliefs; b) demonopolizing of the role of traditional religions; c) the deethnization of faith.
This is clearly observed in the processes of the spread of non-traditional religions, the number of adherents of which is increasing among representatives of different ethnic groups, among residents of different continents, and Ukraine is no exception in this regard.
The right of having a freedom of thought and religion in civil law is exercised like other civil personal non-property rights.
The exercise of the subjective personal non-propri- etary right to freedom of expression and religion is that its carrier may: use it at its discretion without the application of any additional legal acts; demand from other persons the termination of actions aimed at limiting his personal non-property rights; have freedom of conduct, act within the limits established by law; to apply to the competent state bodies for the protection of his violated personal right, also the person possesses this right from birth, can use it in full from a certain age.
LEGAL ASSESSMENT OF ENVIRONMENTAL SAFETY OF OIL PIPELINE TRANSPORT DURING UNDER-SEALING OF LINEAR PART