Search

Background: Physical activity and sport (PAS) have been related to health and social benefits, but their monetary value remains unclear. This systematic review on the social return on investment of PAS aimed to find what are the social outcomes measured in previous PAS literature and how are these measured and valued. Methods: A systematic search was conducted on WoS, PubMed, and EconLit. Articles in English, measuring the social value of any type of PAS in monetary terms and utilizing a social return on investment framework, were included. Risk of bias was evaluated using the Drummond checklist. The Preferred Reporting Items for Systematic Reviews and Meta-Analyses guidelines were followed. Results: Fifty-five documents (2010–2022), from all continents except America, were included; only 8 were published in peer-reviewed journals, whereas 47 were reports. Most studies evaluated the benefits of specific programs, and 6 measured the engagement in PAS at the population level based on national or community surveys. The social outcomes identified were health (94.5%), crime (50.9%), education (83.6%), subjective well-being (89.1%), social capital (60%), and other (3.6%–23.6%). The valuation methods included willingness to pay, well-being valuation, the cost of an activity that could result in the same outcome, and cost databases associating outcomes with a monetary value. Conclusions: This study updates a previous review and widens the scope by answering the question of how social outcomes are measured and valued in previous PAS literature. Given the heterogeneity found in the application of the method, this review will inform a Delphi study to reach a Global Consensus Statement on the measurement of social value and PAS. [ABSTRACT FROM AUTHOR]

This paper investigates the psychological effects from stock market returns. Using an FBI database of over 55 million daily reported crime incidents across the United States, crime is proposed as a measure of psychological well-being. The evidence suggests that stock returns affect the well-being of not only investors but also noninvestors. Specifically, a contemporaneous negative (positive) relationship between daily stock market returns and violent crime rates is found for investors (noninvestors). A similar relationship is also found between local earnings surprises and violent crime. The contrasting relationships for investors and noninvestors suggests that relative wealth may influence well-being. [ABSTRACT FROM AUTHOR]

Antidoping policy regulates and punishes the use of substances that are listed on a Prohibited List (PL). These substances are colloquially known as 'performance-enhancing substances'. There is very little empirical evidence of enhancement for most of the substances on the PL raising the possibility that the perceived enhancement of performance experienced by an athlete is a placebo effect. A placebo effect is a response to an inert substance that is strongly influenced by psychological and social cues in the surrounding environment. It is our contention that, given the lack of proper empirical testing of the substances on the PL, it is in fact the appearance of a substance on the PL that has the strongest performance-enhancing effect in elite athletes. This disconnect between science and WADA's code raises the question of what we really object to: real performance enhancement achieved using substances on the PL or performance enhancement that occurs because WADA has told us that the substance will enhance performance by placing it on the PL? In this case, antidoping policy would punish those who believe the performance-enhancing myth at the heart of the PL thus leading to a deeply flawed policy that creates its own victims. [ABSTRACT FROM AUTHOR]

This article analyses the functioning of the European Public Prosecutor's Office (EPPO) as an independent EU body responsible for investigating, prosecuting and bringing to justice those who have committed criminal offences affecting the financial interests of the European Union - a topical issue for both EU institutions and Member States, including Ukraine as a candidate country. The importance of expanding the powers of the EPPO is mentioned in the Political Guidelines for the next European Commission 2024--2029 «Europe's Choice». It points to the need to discuss areas where it is seen necessary to increase the powers of this body to combat cross-border serious crime, including corruption, which affects EU funds and which Member States cannot tackle on their own at the national level. In terms of the adaptation of Ukrainian legislation to EU law, accession negotiations and Ukraine's gradual integration into the EU's area of freedom, security and justice. The cooperation and interaction of the Ukrainian state authorities with the EPPO plays a significant role. The European Union's cooperation in the area of freedom, security and justice (hereinafter referred to as the AFSJ) takes place both at the level of the EU and its Member States and is regulated under the Association Agreement between a third country and the EU and its Member States (for the Western Balkan countries - the Stabilisation and Association Agreement). Thus, the EU-Ukraine Association Agreement contains Chapter 3 «Justice, Freedom and Security». The research article analyses the competence of the EPPO, the mandate of the EPPO and the European Anti-Fraud Office was clarified. The article examines the legal framework (Council Regulation (EU) 2017/1939 (the «EPPO Regulation») and Directive (EU) 2017/1371 (the «PIF Directive»), as well as the procedure and status of accession of EU Member States to the EPPO, including the organisation of the body's work, which is organised at two levels: centralised and decentralised. The authors conclude that Ukraine should join the EPPO after becoming a full member of the EU. [ABSTRACT FROM AUTHOR]

This paper discusses issues related to the coverage of problems that arise when entering information about a committed criminal offense into the Unified Register of Pre-trial Investigations (URPI), as well as problems that arise for authorized persons during its conduct at the stage of pre-trial investigation. The process of introduction of the information and telecommunication system of pre-trial investigation is analyzed. The need to improve and expand the functionality of the Unified Register of Pre-Trial Investigations and the information and telecommunication system is emphasized. The purpose of the Register, its functionality, as well as the form of maintaining the Unified Register of Pre-Trial Investigations are considered. The reasons why the Register is critically important for the pre-trial investigation, as well as who are the subjects of legal relations of the Register, are clarified, it is emphasized that the owner and administrator of this Register is the state represented by the Prosecutor General's Office, and the owner of the processed information is the Prosecutor General's Office. The process of Authentication in the Register and the information and telecommunication system, as well as the signing of electronic documents, which are carried out using a personal key and the corresponding qualified public key certificate issued by a qualified provider of electronic trust services of the prosecutor's office of Ukraine, in compliance with the requirements of the legislation in the field of electronic trust services, is studied. The peculiarities of registration of criminal offenses on the basis of applications, reports received by the prosecutor's office, pre-trial investigation or inquiry, or on circumstances identified by the prosecutor, investigator, investigator from other sources that indicate the commission of a criminal offense are analyzed. The Law of Ukraine «On Amendments to the Criminal Procedure Code of Ukraine on the Introduction of an Information and Telecommunication System of Pre-Trial Investigation» has been studied and the Attorney General's order dated 30.06.2020 No. 298 «On Approval of the Regulation on the Unified Register of Pre-trial Investigations, the Procedure for its Formation and Maintenance, as well as Problems Arising During Investigative (Search) Actions. [ABSTRACT FROM AUTHOR]

It is pointed out, we can frankly say that European integration transformations in the reform of law enforcement activities have already become an irreversible process and for many years to come this will be the main direction of improving the functioning of Ukrainian judicial, prosecutorial and other law enforcement bodies. Despite the state of war and the continued resolute repulsion of Russian aggression, Ukraine is making significant efforts to implement the necessary transformations in its national legal order. The article examines the international legal standards that regulate the activity of Ukrainian national judicial and law enforcement agencies in preventing the commission of criminal offenses as one of the most important components of the crime prevention process. The thesis that crime prevention in Ukraine, as one of the most important components of the functioning of the law and order system, should be carried out precisely on the basis of international standards, which, in turn, create an atmosphere of orderliness and coordination of the actions of all law enforcement structures of the signatories of international agreements on combating crime as a phenomenon not only at the national level, but also its modem manifestations in the form of cross-border and international organized crime. Based on the analysis of international legal sources and the works of domestic scientists, conclusions are drawn that it is necessary to use the European experience of public administration in combating crime through the implementation of international standards in public administration and planning of the activities of judicial and law enforcement agencies, including in separate areas of combating crime; it is expedient among the priority measures to apply international standards for the prevention of corruption both in the entire system of state bodies in general, and especially for countering criminal corruption offenses that can be committed by officials of any rank in the spheres of judicial, prosecutorial and other law enforcement activities; it is necessary to achieve a high level of public trust in judicial and law enforcement structures; it is necessary to form an anti-corruption culture of law enforcement officers taking into account the requirements of international standards and best global practices. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the regulation of referral of criminal proceedings from one court to the United States of America, namely under federal legislation and the legislation of individual states. Thus, the article refers to certain provisions of the Federal Rules of Criminal Procedure (Judiciary) of the United States of America. The judicial practice of district and appellate courts on the specified issue was analyzed and attention was drawn to the most significant court cases that reveal the peculiarities of the use of the institution of referral of criminal proceedings in individual states. The issue of the influence of publicizing the case in the mass media on the resolution of the case by the jury and the influence of public opinion on sentencing and finding the accused guilty of a criminal offense was considered. It was concluded that the court may agree to a change of jurisdiction when the case becomes widely publicized among the residents of the district and may affect the objectivity of the jury or the nature and purpose of the committed criminal offense makes the case sensational, or for the convenience of conducting the trial, or when the accused is a well-known person to the residents of the district, or the judge harbors prejudices about the defendant, the details of the crime or other factors. Also, special attention is paid to ethical issues that arise in the process of referral. For example, how US judges should deal with bias or how they can guarantee the objectivity of judicial proceedings in conditions of public pressure and resonance. In addition, the work of scientists and practitioners on the described topic is highlighted. Thus, in the analyzed works, it is shown that motions to change the venue of proceedings are effectively satisfied even in the most high-profile cases, and in some cases, a change of venue may actually lead to a trial more favorable to the accused district than in the district where the criminal offense is likely to have occurred due to the social characteristics of such district. In general, the article can be an important contribution to understanding how important is the balance between the right to a fair trial and the influence of society on the judicial system. [ABSTRACT FROM AUTHOR]

The scientific article examines the institution of witness testimony in the process of investigating criminal offenses. A topical issue is the role of witnesses in criminal proceedings as a key source of information that can significantly influence the establishment of the truth. The scientific article is devoted to the problems that arise when obtaining and using witness statements, in particular, their reliability and, accordingly, admissibility, the influence of external pressure and other participants in the proceedings or officials, as well as the possibility of distortion of information, unreliability of data. Special attention is paid to the analysis of the legal confirmation of evidence in the protocol, which is important to ensure the acceptance of this evidence. The rights and obligations of the witness are investigated before the interrogation begins and such results are recorded in the protocol. An appropriate source of accurate recording of the testimony of a witness is audio recording or video recording, and the use of information technology during interrogation is a certain deterrent to the provision of reliable information by witnesses. The testimony of persons in criminal proceedings is recorded in a protocol, which has the form defined by the criminal procedure law and is a mandatory document. In the interrogation protocol itself, it is indicated that the witness was warned about giving false testimony and refusing to testify. At the same time, witnesses have the right not to testify against their relatives. The interrogation protocol has a clearly defined structure, mandatory requisites for filling it out, during the interrogation the witness has the right to use the legal assistance of a lawyer. An important procedural activity is the assessment of the credibility of witness statements and other procedural sources of evidence, which is carried out by the investigator, prosecutor, investigating judge, court on the basis of the law and within the limits of their procedural powers. The main properties of the testimony of a witness, the totality of which forms the content of this type of evidence: the information is an oral or written message; the source of information is a person granted the procedural status of a witness; the information is important for this criminal proceeding; compliance with the requirements of the legislation is ensured when receiving and processing information. [ABSTRACT FROM AUTHOR]

The article is devoted to highlighting the capabilities and specifics of appointing forensic trassological examinations of human foot and footwear traces, vehicle traces, locking and protective (control) devices, and burglary tools in the investigation of criminal offenses committed by organized groups or criminal organizations. It has been proven that the forensic trassological examinations play a significant role in establishing the circumstances of criminal offenses committed by organized groups or criminal organizations. However, in practice, their capabilities are not fully utilized. The tasks solved by each of the studied types of examinations in the mentioned criminal proceedings have been identified, including determining the group nature of the offense, differentiating the «roles» of participants in the offense, and more. Problematic issues arising during the appointment of such examinations are outlined, and recommendations are provided regarding the preparation of objects for examination and samples for comparative research. It is noted that for proper preparation of objects when appointing the mentioned examinations, as well as for correctly formulating questions to the expert, it is advisable for the investigator to seek the assistance of a specialist who is an expert in forensic trassological studies. The author presents a viewpoint on the minimum number of shoe prints that should be reflected in the «track» of traces to obtain reliable results from expert analysis (at least 7-8 prints, sequentially left by the right and left feet of a person). Attention is drawn to the fact that current methodological recommendations for appointing forensic trassological examinations of human foot and shoe traces suggest asking the expert: «What is the approximate height of the person who left the traces?» It is noted that this question cannot be reliably answered due to the absence of scientifically validated research methods. Apromising area of scientific research, as identified by the author, is the exploration of the possibilities of using other trassological examinations in the investigation of criminal offenses committed by organized groups or criminal organizations. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of theoretical aspects of critical infrastructure as a subject of scientific knowledge. The importance of critical infrastructure facilities for ensuring Ukraine's national security, the stability of its economy and the state's defense capability is determined. Legislative regulation in this area is analyzed, in particular, the Law of Ukraine «On Critical Infrastructure», «On National Security of Ukraine», the Criminal Procedure Code of Ukraine, the National Security Strategy of Ukraine, etc. normative legal acts that contain definitions of terms. Attention is drawn to the fact that the violation of the functioning of the specified objects in the conditions of martial law may cause socially dangerous consequences for society and the state. According to the result of the comparison with foreign experience (USA, EU, Great Britain, China, Japan), it is proved that Ukraine takes into account international approaches to the protection of critical infrastructure, but has its own unique features caused by national threats and challenges. In the US, for example, critical infrastructure is defined as systems and assets so important that their failure to function or damage would have a devastating impact on security, the national economy, and public health. The European Union approaches this issue through the European Critical Infrastructures Directive, focusing on interconnection and coordination between member states. The UK takes care of cyber security, while China and Japan emphasize national control and resilience of facilities. Based on the analysis, recommendations were made for improving the legislative policy of Ukraine in the field of critical infrastructure. A conclusion was made about the relevance of the task of the Security Service of Ukraine to combat criminal offenses at critical infrastructure facilities, and practical recommendations for further improvement of this area were provided. It has been determined that the perspective areas of scientific research are the analysis of the experience of the countries of the European Union in terms of legal protection against criminal offenses at critical infrastructure facilities. [ABSTRACT FROM AUTHOR]

Collection of evidence is the first, important component in ensuring the process of proof in criminal proceedings. Its content consists in finding actual data that will allow establishing the circumstances of a criminal offense and ensure objectivity in achieving the objectives of criminal proceedings. Taking into account the specifics of the activity of the authorized subjects involved in the proof, there is a need to form the appropriate theoretical foundations of the outlined activity, which will ensure effective law enforcement. The article analyses the main concepts formed by scholars regarding the definition of «evidence collection», which differ in certain respects. The author provides a linguistic interpretation of such concepts as «collection» and «evidence». It is substantiated that the concept of «collection of evidence» may include such elements as: cognition, finding, perception, demand, seizure, preservation and recording. The author defines their definitions and draws attention to their functions in criminal procedure in the course of evidence collection. The conducted analysis proved that during the formation of the definition of the concept of «gathering evidence» by the parties of criminal proceedings: 1) it is appropriate to use such an element as «finding», which includes such terms as «search», «detection», «receiving», « obtaining» and which individual scientists define them as independent elements of the evidence-gathering process and use them alongside the term «finding»; 2) between such terms as «fixation» and «backing», which are synonyms, it is correct to use «fixation» as an element of the activity of gathering evidence, because it is broader in meaning. It is concluded that the gathering of evidence by the parties to criminal proceedings is a cognitive activity of the subjects authorized to do so, which consists in finding, perceiving, demanding, separation, preserving, fixing actual data that are important for criminal proceedings, in accordance with normative legal acts, decisions of the Constitutional Court of Ukraine, resolutions of the Plenum of the Supreme Court and taking into account the practice of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

The article examines the concept and features of digital traces as a specific type of data arising from the use of information technologies during the commission of criminal offenses. Various scholarly approaches to defining this concept are analyzed. Attention is drawn to the absence of unified terminology for defining such traces. It is established that this multiplicity of opinions is due, on the one hand, to the rapid development of technologies worldwide and the emergence of new types, and on the other hand, to scholars focusing on individual features (aspects) of such traces. The expediency of using the term «digital traces» as the most adaptable to the rapid development of modem information technologies is substantiated. The essence of digital traces and their differences from traditional traces are studied in terms of the mechanism of formation, storage features, the possibility of remote alteration and destruction, as well as the methods and procedures for their detection, seizure, and forensic examination. It is established that the occurrence of digital traces is primarily not related to the physical presence of a certain object at a specific location, which is characteristic, for example, of materially fixed traces and surface contacts, but rather with its interaction with digital means and technologies. At the same time, such traces remain not on a specific surface but in digital space. Attention is focused on the fact that digital traces do not have a usual material form and therefore are detected and investigated only with the help of certain equipment. It is necessary to distinguish between the concepts of «digital trace» and «source of a digital trace.» The main properties of digital traces are highlighted, and an author's definition is proposed. It is found that the essence of digital traces and their susceptibility to various kinds of manipulations determine the features of their detection and examination to guarantee integrity and authenticity, as well as the possibility of further use as evidence. [ABSTRACT FROM AUTHOR]

The article analyzes the practice of considering cases under Art. 161 of the Criminal Code of Ukraine, which provides for liability for violations of the equality of citizens depending on their racial, national, regional affiliation, religious beliefs, disability and other characteristics. According to the results of the monitoring of court decisions, placed in the State Register of Court Decisions for the period from January 1, 2019 to August 2024, 45 convictions were found. It was established, that the majority of persons were convicted under Part 1 of Art. 161 of the Criminal Code of Ukraine. The most typical forms of actions were identified as signs of the objective side of this crime, the most ways of committing them and a number of «traditional» criminal offenses, that are committed together with this crime. In particular, it was established, that the most common forms of socially dangerous actions, which were directed at inciting national, religious enmity and hatred, on humiliating the national honor and dignity of Ukrainians and Jews. The addressees of the actions, which consisted in offending the feelings of citizens in connection with their religious beliefs, were parishioners of the Orthodox Church of Ukraine. Based on the analysis of the sentences, certain trends regarding the punishment of guilty persons were revealed. In particular, it was noted that in most cases a fine was imposed, mostly from 200 to 600 non-taxable minimum income of citizens, as well as the fact that when imposing imprisonment, the courts actively applied the institution of exemption from serving a sentence with probation. For the purpose of ascertainment of the features of the portrait of the criminal, the data analysis of the report «On persons, who have committed criminal offenses» for 2017-2023 was carried out. As a result, socio-demographic and criminal-legal characteristics of the perpetrator were summarized. In particular, the number of detected under Art. 161 of the Criminal Code of Ukraine of persons, their structure by gender, age, citizenship, education, employment, presence/absence of a criminal record, features of the commission of the crime (perpetration with complicity, in a state of intoxication). Individual characteristics, such as a person's place of birth, marital status, were established on the basis of the monitoring of sentences. As a result of the generalization of these data, a portrait of the criminal was outlined. [ABSTRACT FROM AUTHOR]

In the criminal law doctrine, it is considered that the object of any criminal offense is one of the main elements of its composition, without which it will not make sense to talk about the existence of such an offense and bring criminal responsibility for it. Collaborative activities are no exception. Considering this, as well as the relative novelty of the studied article 111-1 of the Criminal Code of Ukraine, we believe that the definition of the object of this criminal offens e needs to be clarified taking into account certain debatable aspects of the selected issue. The purpose of this article is to define the concept of the direct object of collaborative activity, as well as possible additional objects of actions that make up its composition. The most accurate and universal is the concept according to which the object of a criminal offense is defined as the order of social relations, which is protected by the norms of the criminal law. According to this, the object of collaborative activity is the direct object of collaborative activity can be defined as the order of public relations in the sphere of ensuring the state s overeignty, defense capability and national security of Ukraine in the state, political, economic, informational and military spheres. Mandatory additional objects of collaborative activity are: the order of public relations in the sphere of ensuring the activities of state authorities (parts 2, 5, 7); order of social relations in the field of economic activity (part 4); the order of public relations regarding the provision of electoral legislation and the referendum (part 6); the order of social relations in the sphere of ensuring normal moral, intellectual development and socialization of minors (part 3); order of public relations in the sphere of protection of human life and health and property relations (part 8). This study does not solve all the problems associated with determining the composition of collaborative activity, but it is promising in the field of solving problems regarding criminal liability for criminally punishable acts that make up the composition of coll aborative activity. [ABSTRACT FROM AUTHOR]

The article is dedicated to the study of the structural flaws and deficiencies of Article 435-1 of the Criminal Code of Ukraine, "Insult to the Honor and Dignity of a Serviceman, Threat to a Serviceman," which, under the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Strengthening Criminal Liability for the Manufacture and Distribution of Prohibited Information Products" No. 2110-IX, which came into force on March 16, 2022 (hereinafter referred to as Law No. 2110-IX), was included in Section XIX of the Criminal Code of Ukraine "Criminal Offenses Against the Established Order of Military Service (Military Criminal Offenses)." The author analyzed the disposition of Article 435-1 of the Criminal Code of Ukraine and highlighted several contentious issues, in particular: the placement of the article in Section XIX of the Criminal Code of Ukraine, which does not correspond to the generic object of this criminal offense and its subject composition, as a result of which the jurisdiction of the criminal offense provided for in Article 435-1 of the Criminal Code of Ukraine falls simultaneously under two pre-trial investigation bodies, such as the Security Service of Ukraine and the State Bureau of Investigation; the presence in the disposition of the article of an unnecessary limitation regarding the duration and the range of servicemen to whom this article applies. The impact and consequences of the existing shortcomings on the practical application of the examined provision are described, such as the violation of the principle of legal certainty and the ambiguity of the legal norm, as well as the unclear mechanism for the application of such a norm in practice. Based on the analysis, the author provided recommendations for eliminating the shortcomings described in the article through legislative improvement of this norm, namely: moving the norm to Section I of the Criminal Code of Ukraine by supplementing it with an independent article; adjusting the disposition of the article by expanding the range of persons who can be victims of this criminal offense, as well as removing the wording "armed aggression of the Russian Federation" from the disposition and supplementing it with more general formulations like "armed aggression" and "armed conflict.". [ABSTRACT FROM AUTHOR]

The criminal law provision provided for in Art. 286 of the Criminal Code of Ukraine is formulated as a violation of the rules of road safety or operation of transport by persons driving vehicles. It is established that the criminal law doctrine is ambiguous in resolving the issue of the place of a vehicle in the structure of elements of a criminal offense. Some scientific positions are expressed as categorical, which indicates insufficient attention to this issue. The author conducts a textual analysis of the legislative definition of the concept of "vehicle" provided for in the note to Article 286 of the Criminal Code of Ukraine. It is stated that in the context of determining the content of a vehicle as a sign of a criminal offense, it is necessary to establish compliance with the features of the generic concept of "vehicle" provided for by the Road Traffic Safety Rules, as well as with the special features - the presence of an engine which drives a vehicle or an electric motor with a power of more than 3 kW, while some other types of vehicles can move without such an engine. The author identifies the practical aspects of taking into account the content of the note to Article 286 of the Criminal Code of Ukraine in court practice. The author considers the issue of correlation between such features of a criminal offense as the object, means and instruments of a criminal offense. The author establishes the importance of vehicle use in the mechanism of causing substantial damage to the object of a criminal offense under Article 286 of the Criminal Code of Ukraine. It is emphasized that the use of a vehicle should be recognized as a dynamic feature of the criminal offense under consideration. The author concludes that a vehicle in the construction of this corpus delicti is an instrument of a criminal offense, which is due to the following: a) a vehicle has a direct physical impact on the victim, and therefore the use of this instrument is included by the legislator in the mechanism of causing damage to the direct object; b) the nature of a socially dangerous act in the structure of the objective side of the corpus delicti under Article 286 of the Criminal Code of Ukraine makes it expedient to use an auxiliary instrument. [ABSTRACT FROM AUTHOR]

The article highlights an attempt to define the system of criminal offenses related to crossing the State border of Ukraine in an illegal manner and/or for a criminal purpose. It is proved that criminal offenses under Articles 332, 332-1, 332-2, 333, 334 of Section XIV of the Special Part of the Criminal Code of Ukraine encroach not only on the inviolability of the state borders of Ukraine, but also on border security, which is a component of Ukraine's national security. The author establishes the difference between crossing the State border of Ukraine, transportation of goods across the State border of Ukraine and transportation of persons across the State border of Ukraine. Based on this comparison, it is determined that crossing the State border of Ukraine in an illegal manner and/or for a criminal purpose is characterized by the physical movement of a person across the State border of Ukraine without the purpose of moving a certain product or other object. In addition, unlike illegal transportation of persons across the state border of Ukraine, crossing this border in an illegal manner and/or for a criminal purpose is characterized by the direct physical movement of a person across the state border of Ukraine, which in itself is criminalized if carried out in an illegal manner and/or for a criminal purpose, while illegal transportation across the state border of Ukraine is characterized by such a property as indirectness, which is of paramount importance for criminal law enforcement of border security. The system of criminal offenses related to crossing the state border of Ukraine illegally and/or for criminal purposes should include terrorist financing in the form of providing, collecting or storing any assets directly or indirectly with the intent to use them or with the knowledge that they will be used in whole or in part for any purpose by an individual terrorist or terrorist group (organization) to cross the state border of Ukraine for terrorist purposes (Art. 258-5), crossing the state border of Ukraine for terrorist purposes (to carry out activities that are considered terrorist according to the law) (Art. 258-6), illegal crossing of the state border of Ukraine (Art. 332-2), violation of international flight rules (Art. 334) of the Criminal Code of Ukraine. [ABSTRACT FROM AUTHOR]

The article provides a systematic analysis of the provisions of the criminal law of Ukraine on liability for acts with property obtained by criminal means. As a result, the author distinguishes a set of criminal law provisions on such acts. This system of provisions is united by the following common features: acts aimed at acquiring or exercising ownership rights to the property obtained by criminal means or aimed at concealing their illegal origin (as a way of concealing the predicate (primary) criminal offense in general); socially dangerous consequences ("infusion" of criminal proceeds into legal circulation), general features of the subject and intentional form of guilt (except for negligence which is possible in the course of legalization of the property obtained by criminal means - art. 209 of the Criminal Code of Ukraine). The criminal law provisions on actions with the property obtained by criminal means, the totality of which has the features of the so-called association of criminal law provisions, include the provisions provided for in: part 5 of Article 27 of the Criminal Code of Ukraine (as a sign of an accomplice); Articles 198, 396 of the Criminal Code of Ukraine (as a sign of involvement in a criminal offense); Articles 199, 209, 256, 306 of the Criminal Code of Ukraine (the so-called secondary independent corpus delicti of criminal offenses). The main distinguishing feature of an act with property obtained by criminal means as part of complicity (part 5 of Article 27 of the Criminal Code of Ukraine), as well as in the case of involvement (Articles 198, 396 of the Criminal Code of Ukraine) and legalization of property obtained by criminal means (Article 209 of the Criminal Code of Ukraine) is that legalization involves only legally defined types of property or property of a certain value, accompanied by threshold or suspicious transactions or financial transactions. Subsidiary application of the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction" No. 361-IX of December 6, 2019 is mandatory to establish the content of the elements of the crime of "Legalization (laundering) of the proceeds of crime" (Article 209 of the Criminal Code of Ukraine). Accordingly, the acquisition of ownership of other property (which is not the subject of transactions and financial operations which are subject to financial monitoring) or the exercise of ownership powers in relation to such property is covered by the institute of complicity (if the person promised to commit such acts in advance) or the institute of involvement in a predicate criminal offense under Articles 198 and 396 of the Criminal Code of Ukraine (if the person did not promise to commit such acts in advance). [ABSTRACT FROM AUTHOR]

The purpose of this article is to identify the ways to minimize such a socially dangerous act as improper performance of professional duties by a medical professional, and also to study the legitimacy of bringing doctors to liability for failure to perform or improper performance of professional duties, to find out the reasons which cause this type of criminal offenses to be committed, and also to address the issue of the investigation process of bringing a medical professional to criminal liability, which is quite time-consuming given that it takes a long time taking into account the tasks assigned to the pretrial investigation bodies, accompanied by a set of measures defined by the Criminal Procedure Code of Ukraine, such as assessing the correctness of the manipulations of a medical specialist with the involvement of experts of appropriate qualifications and the seizure of medical records, comparing the protocol tactics of medical treatment and preventive measures by a medical professional with the actions that should have been taken in a given situation). At the same time, the pre-trial investigation authorities are deprived of the opportunity to summon a doctor to testify regarding information constituting medical secrecy, which complicates the conduct of investigative (detective) actions. However, in each case, in order to prove the guilt of a healthcare professional, it is necessary to establish which professional duties were assigned to the person and were not fulfilled at all, which is an absolute inaction of a healthcare professional in a real opportunity to act, and which of such duties were improperly performed, with significant violations of direct duties regulated by job descriptions, qualification requirements and treatment protocols with a clear algorithm of actions, orders and instructions of the Ministry of Health and SES of Ukraine, and WHO recommendations. Clarification of the specifics of the subject matter of proving improper performance of professional duties by a medical or pharmaceutical worker (Article 140 of the Criminal Code of Ukraine) is necessary both in theory and practice. Given the inestimable importance of human health and life as the highest social value, harm caused to them as a result of improperly performed medical intervention is extremely dangerous to society, and therefore requires specific criminal law means of regulation. [ABSTRACT FROM AUTHOR]

Implementation of the State policy in the activities of the Customs Service is carried out through the system of law enforcement, human rights and judicial authorities. Counteraction to violations of customs legislation is entrusted to the customs authorities of Ukraine. The activities of the Customs Service are associated with the need to obtain information on the security of the state border, on persons crossing the border, and on the items being transported, which is provided by the Security Service of Ukraine. The state law enforcement policy is implemented not only through the activities of law enforcement agencies, but also through the system of human rights bodies of state power. These include the institution of the Ukrainian Parliament Commissioner for Human Rights, as w ell as the bar and notary. The specificity of law enforcement agencies is the combination of law enforcement functions with organizational, managerial, control and inspection functions. The Customs Service plays a central role in preventing and detecting offenses related to the movement of goods across the customs border of Ukraine. The State Customs Service of Ukraine is a central executive body that ensures the state customs policy, organizes the functioning of the customs system, manages the area of management entrusted to it, and is responsible for its condition and development. The Customs Service is accompanied by military border guard units, which ensures the effectiveness of its tasks in preventing and detecting smuggling and customs offenses. Criminal legislation is evolving to increase liability and recognize smuggling as a criminal offense, taking into account the value of goods moved across the customs border of Ukraine. The type of the transported goods determines the qualification of the offense. [ABSTRACT FROM AUTHOR]

The scientific article examines a group of issues related to the historical development and genesis of the criminal law concept of terrorism, starting from its first manifestations in ancient times to the modern period. The author focuses on the evolution of terrorism as a social phenomenon that has undergone significant transformations, turning from an instrument of strict state management into an effective means of fighting against government structures in various countries. The article reveals both methods and forms of terrorism that have transformed over time, and in particular the impact of globalization on modern manifestations of terrorism. Particular attention is paid to criminal legal aspects of terrorism in the context of national and international legislation. The author analyzes the role of Ukrainian legislation in countering terrorist acts, in particular, legislative initiatives of Ukraine in the fight against terrorism and its accession to international anti-terrorist documents. The provisions of the Law of Ukraine "On Combating Terrorism" and the corresponding articles of the Criminal Code regulating liability for terrorist acts are being studied. At the same time, emphasis is placed on the need for legislativ e improvement of these provisions. The author's positions of Ukrainian and foreign scientists regarding the scientific understanding of the phenomenon of terrorism and its antisocial manifestations and legal features are analyzed and highlighted. The article also provides a comparative analysis of counter-terrorism measures in some countries of the world. The importance of a unified approach to the definition of terms related to terrorism and the need to clearly distinguish the concepts of "terrorist act", "terrorist organization", "terrorism" for a more effective criminal law assessment of these crimes are analy zed. Emphasis is placed on the complexity of modern forms of terrorism, which are characterized by a wide range of illegal activities, well-established international coordination, the absence of clear state borders, and significant material support. The importance of developing new legal and practical mechanisms for combating terrorism, which will meet modern challenges and threats, while not violating the basic guaranteed rights and freedoms of a person and a citizen, is em phasized. [ABSTRACT FROM AUTHOR]

The objective side of a criminal offense is the most important element of the composition of the crime, by which, in the vast majority, one crime differs from another. The Criminal Code of Ukraine contains Art. 209 «Legalization (laundering) of property obtained through criminal means.» In the disposition of this article of the Special Part of the Criminal Code, the legislator described, first of all, the signs of the objective side of the criminal offense. And since the content of the signs of this element is often a criterion for distinguishing adjacent elements of criminal offenses, the clarification of the constituent elements of the objective side of the composition of the crime provided for in Art. 209 of the Criminal Code of Ukraine, will provide an opportunity to provide an accurate legal assessment of a socially dangerous act, provided for in Art. 209 of the Criminal Code of Ukraine. Money legalization or «laundering» is the act of channeling funds obtained from illegal/criminal activities through the financial system in such a way as to give the impression that the funds were obtained from legitimate sources. In Part 1 of Art. 209 of the Criminal Code of Ukraine initially established four forms of the objective party, namely: 1) acquisition of property, in respect of which the actual circumstances testify to its acquisition by criminal means; 2) possession of such property; 3) use of such property; 4) disposal of such property. Next, the legislator provided an open list of ways by which the first four forms of the objective side of criminal legalization can be committed. These methods are: 1) carrying out a financial transaction with property, regarding which the actual circumstances indicate that it was obtained by criminal means; 2) execution of a transaction with such property. The following forms of the objective side of criminal legalization are defined: 5) transfer of property, regarding which the actual circumstances testify to its acquisition by criminal means; 6) change of form (transformation) of such property; 7) committing actions aimed at concealing or disguising: a) the origin of the property, in relation to which the factual circumstances testify to its obtaining by criminal means, b) its possession, c) the right to such property, d) the source of its origin, e) the location. [ABSTRACT FROM AUTHOR]

The article is devoted to criminal offenses committed by police officers. It was emphasized that today, the responsibility for the implementation of the state policy regarding national security and the fight against crime is assigned to law enforcement agencies, in particular to the National Police of Ukraine. However, in such an institution of the security sector, measures to prevent offenses among personnel are not sufficiently effective, and control over the official activities of subordinates by managers, especially at the middle and lower levels, often remains formal, which leads to the commission of criminal offenses, in that including in the field of official activity with a clearly expressed corruption component. In the process of implementing Ukraine's strategic course towards European integration, important tasks are the optimization of the principles of work of the National Police bodies and units, as well as the improvement of the legal status of police officers. This is necessary for the implementation of guarantees for the protection of human and citizen rights and freedoms enshrined in national and international law. It is noted that all criminal illegal manifestations are conditionally divided into two categories: criminal offenses in the field of official activity and other offenses, that is, all criminally punishable acts that are not related to the performance of official duties. Offenses committed by police officers in the field of official activity are part of corruption crimes committed by representatives of law enforcement agencies. The main factors contributing to the spread of such actions in the police and their concealment are the lack of clarity in the regulation of official powers of various groups of personnel and categories of personnel, as well as the concealment of traces of offenses by both the perpetrators themselves and their immediate supervisors. In addition, there is a connection between abuse of office and other types of offenses in which victims and other interested persons may be involved. To ensure the proper level of discipline and legality among police personnel, it is necessary to implement a prevention strategy, which includes a set of measures aimed at identifying, preventing, and stopping corrupt, criminal, and other illegal a ctions in police teams. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the objective aspect of transferring or collecting data constituting proprietary information collected in the course of operational and investigative, counterintelligence activities in the field of defense of the country. It is established that the objective side of this criminal offense is expressed in two forms: 1) transfer of data constituting proprietary information collected in the course of operational and investigative, counterintelligence activities in the field of defense of the country to foreign enterprises, institutions, organizations or their representatives; 2) collection of such data for the purpose of transferring to foreign enterprises, institutions, organizations or their representatives. The transfer takes place when a person possesses them and communicates (transmits, delivers) them to foreign enterprises, institutions, organizations or their representatives. The methods of transmission may be different (oral, written, direct familiarization with any materials, transmission via the Internet, by telephone, using caches, couriers, etc.) It also does not matter whether the transferred sources are copies or only information about them. The collection of data constituting official information collected in the course of operational, investigative, counterintelligence activities in the field of national defense should be understood as active actions to search for, concentrate (summarize, generalize) and record (image, photograph, copy, memorize) information. The peculiarity of the transfer and collection of information constituting proprietary information collected in the course of operational and investigative, counterintelligence, and defense activities is that it becomes the property of only foreign enterprises, institutions, organizations, or their representatives, and not of any interested person. Part 1 of Art. 330 of the Criminal Code of Ukraine does not provide for the occurrence of socially dangerous consequences, and, therefore, is not a mandatory feature of the objective side of this criminal offense. The criminal offense under Article 330 of the CC of Ukraine is considered completed either from the moment of transmission or from the moment of collection of information for the purpose of its transmission. The content of the objective side of this criminal offense includes its optional features - method, means, place, time and setting of the commission. These features are a set of specific conditions under which a criminal offense is committed, the objective side develops and a criminal offense result occurs. [ABSTRACT FROM AUTHOR]

The article talks about the conditions that can serve as a good motivation among minors to commit a criminal offense. The author states that the negative influence of peers can have a detrimental effect on a minor, therefore, in this case, even children from well-off families are at risk if the parents failed to react in time. An important aspect of the research is the determination of the situation in higher education institutions regarding the proper control and implementation of educational measures that can reduce the risk of juvenile delinquency. According to the results of research, the scientists came to the conclusion that it is precisely in institutions of higher education there may be favorable conditions for the growth of juvenile delinquency if it is not countered. The article reveals the question of the stages of juvenile delinquency divided into four main areas: accidental - when a child falls into an unfortunate coincidence of circumstances and, not realizing all the consequences, may break the law; unstable - sometimes a certain situation pushes teenagers to commit theft, such as poor financial security or a strong desire to get something; negative - children who are characterized by extremely aggressive behavior and a negative personality orientation, as a rule, is caused by a certain psychological trauma; malicious - juvenile criminals with a persistent, antisocial personality orientation. The article describes the causes of juvenile delinquency and id entifies their main factors. It was determined that minors are characterized by underdeveloped psychological and physiological states, lack of experience in social communication, and the ability to correctly assess life situations, in particular from the point of view of the law. It is substantiated that the consequences of psychological trauma of children of war related to the armed conflict may manifest themselves over time, which will lead to an increase in the number of intentional murders under aggravating circumstances, hooliganism, serial rapes, qualified and especially qualified robberies, kidnappings, extortion combined with violence, illegal possession of vehicles and other violent crimes. [ABSTRACT FROM AUTHOR]

The article highlights the issue of closing criminal proceedings in case of establishing the circumstances which exclude criminal unlawfulness of an act. It is stated that Article 284 of the Criminal Procedure Code of Ukraine does not provide for the closure of criminal proceedings in connection with the establishment of a circumstance which excludes criminal unlawfulness of an act. The court practice has identified three options for resolving this situation: closure of criminal proceedings under clause 1, part 1, Article 284 (absence of a criminal offense event), clause 2, part 1, Article 284 (absence of a criminal offense), and delivery of an acquittal under clause 3, part 1, Article 343 of the Criminal Procedure Code of Ukraine in the absence of closure of criminal proceedings under clauses 1 or 2, part 2, Article 284 of the Criminal Procedure Code of Ukraine. Closure of criminal proceedings in connection with the establishment of circumstances that exclude criminal unlawfulness of an act is possible taking into account the legal nature of such circumstances, which should exclude the criminal unlawfulness of the act. The exclusion of criminal unlawfulness relates to such a feature of a criminal offense as an act. If the act contains other elements of a criminal offense (in particular, the consequences of the act), they fall under the element of a specific criminal offense. Given the above, the author proves that closure of criminal proceedings under paragraph 2 of Part 1 of Article 284 of the Code of Criminal Procedure of Ukraine in case of establishing that an act committed by a person is not criminalized due to the presence of necessary defense does not fully correspond to the legal nature of such circumstances. The author supports the approach of scholars who propose to supplement Part 1 of Art. 284 of the Code of Criminal Procedure of Ukraine with a new paragraph 2-1 as follows: «the act was committed in the presence of circumstances excluding its criminality». [ABSTRACT FROM AUTHOR]

The article examines in detail the historical evolution of the problem of domestic violence in Ukraine, starting from the times of Kyivan Rus and up to the present day. The authors analyze how patriarchal norms and social traditions of different eras shaped the attitude to violence in the family, reflecting this in the legal systems of different historical periods: from the norms of «Ruska Pravda», through the legislation of the Hetmanship and the Russian Empire, to Soviet legislation. The work emphasizes that in a patriarchal society, physical violence against women and children was considered an acceptable form of discipline for a long time, and the intervention of state au thorities in family conflicts was minimal. Particular attention is paid to the period of the Soviet era, when the problem of domestic violence was officially silenced, and conflicts in the family were considered a private matter. The scientific work also analyzes the social consequences after the independence of Ukraine in 1991, when economic difficulties and changes in society led to the aggravation of the problem of domestic violence. Particular attention is paid to the modern legislation of Ukraine in the field of domestic violence prevention, in particular the adoption of the Law of Ukraine «On Prevention and Combating Domestic Violence» in 2018, which expanded the legal mechanisms for the protection of victims, as well as the ratification of the Istanbul Convention in 2022, which became an important step in the fight with violence. The authors analyze not only legal instruments, but also the role of civil society and international organizations in drawing attention to the problem and protecting victims. The article also highlights the main challenges facing Ukrainian society in overcoming domestic violence: social stereotypes, insufficient state resources to support victims, and a low level of legal culture. The authors conclude that the fight against domestic violence requires not only the improvement of legislation, but also deep socio-cultural changes in society. [ABSTRACT FROM AUTHOR]

The article is devoted to a comprehensive scientific study of the essence of fraud with humanitarian aid and the clarification of possible ways of committing it during the period of martial law. From the analysis of individual provisions of some legal documents of the current national legal framework, it was concluded that the specifics of the committed illegal criminal act, which can be qualified as fraud, further affects: determination of the type of legal responsibility to which the offender will be held; selection of measures of a certain type of legal responsibility. In the context of the chosen field of scientific knowledge, possible fraud schemes with humanitarian aid during the period of martial law are considered using specific examples. Current data of the Ministry of Defense of Ukraine regarding the situation with embezzlement of humanitarian aid, based on the results of joint audits with the State Customs Service, are provided. It was concluded that the circle of subjects committing fraud with humanitarian aid is represented not only by officials as representatives of state authorities and local self-government, but also often by people who represent themselves as volunteers or military personnel. According to the results of the considered specific examples of the exposure of fraudulent schemes of embezzlement or appropriation of humanitarian aid, their most important difference is highlighted, which is explained by the amount of damages caused by such illegal criminal actions: in the case of committing such a criminal offense by officials, the amount of damages from this is many times greater than in cases of embezzlement charitable assistance by persons who do not hold certain positions, do not hold a responsible or particularly responsible position in state authorities and local self-government bodies. It was emphasized that it is important in the fight against humanitarian aid fraud, which is widespread in our country today, that the law enforcement officers timely expose the persons guilty of these illegal acts, further fair, impartial justice, and as a result - the inevitability of leg al liability. [ABSTRACT FROM AUTHOR]

The article deals with the search for ways to combine the efforts of customs and law enforcement agencies in the fight against illegal attempts to move goods, objects or substances across the customs border of a country. The concept and basic principles of law enforcement activities are studied, as well as the criteria for inclusion in such a system. By analyzing the powers of a number of state bodies, the author has compiled a list of law enforcement agencies involved in the fight against smuggling. It is emphasized that customs authorities today can be fully attribut ed to law enforcement agencies. Approaches to understanding the interaction of law enforcement agencies, its principles and directions of implementation are considered in detail. The author critically assesses the absence of a legal act regulating the procedure for interaction of bodies in in the fight against crime. While there is definitely a need for this, although the issues of interaction are locally outlined in special laws on individual state (law enforcement) agencies. It is recognized that modern regulation of issues of interaction between law enforcement agencies, and their list should be updated in the light of the reforms of such bodies, and must necessarily include customs authorities. It is emphasized that the problem of duplication of tasks and functions, chasing indicators and creating the illusion of an active fight against crime, has been relevant for more than two decades. Despite changes in legislation, liquidation or reorganization of previous bodies and the creation of new ones, renewal of personnel and units, the lack of clear delineation of powers of law enforcement agencies, and sometimes of law enforcement agencies, and sometimes dual competence or departmental ambitions, lead to a distortion of the actual picture of the organization of countering smuggling. The author outlines certain risks of interference with the organization and implementation of customs control that arise from a destructive perception of interaction. The institutional capacity of customs authorities as a lever is considered for improving the mechanism of interaction between the State Customs Service and law enforcement agencies. The author substantiates the expediency of including operational units to the list of subjects of operational and investigative activities. The author additionally argues that the prospect of granting customs authorities to conduct pre-trial investigations, and it is proposed to to delimit the powers of the authorities conducting it, for which purpose to determine the jurisdiction of the crime of "Smuggling of goods" for the bodies of the State Customs Service of Ukraine. [ABSTRACT FROM AUTHOR]

The Bad Bridget project centres on Irish-born female criminal suspects in North America from 1838 to 1918. Its title derives from the common occurrence of the forename Bridget in nineteenth- and early-twentieth-century Ireland, and its application as a collective name to Irish women in the US. The 'Bad Bridget' title seemed to capture our focus on the individual, as well as the diverse experiences of the girls and women on whom the project is based. While we hesitated about using the title initially, lest 'bad' suggest a shaming of behaviour or individuals, or 'Bridget' a judgement on Irish heritage, we decided that the benefits of the collective name outweighed potential drawbacks. This article expands on the idea that a name can imply shame. It focuses on our use of real forenames and surnames instead of pseudonyms (or other anonymisation alternatives) to identify individual girls and women in our project outputs to date. The article makes the case for the use of real names in this context, exploring in turn our roles and responsibilities as historians, archival and scholarly expectations, our responsibilities towards our subject matter, and our audiences (including the descendants of the Irish girls and women suspected of criminal behaviour). [ABSTRACT FROM AUTHOR]

Crime is one of the problems faced by countries worldwide. Theft, gambling, drug, fraud, persecution, and conflict are among the crimes that commonly occur in Indonesia, which may be accounted for by a range of factors, including economic ones. Land use also emerges as another factor leading to crimes. Land use at the village level can be divided into three categories: undiversified, moderately diversified, and diversified. This work applied two analysis models. First, it employed logistic regression to capture the criminal possibility of each land use category. Second, it applied Ordinary Least Square to view crimes holistically in each land use category. This paper suggests that mixed land use and public space could significantly lower crime probability. Meanwhile, using land as a business and industrial center was found to trigger crimes. The existence of prostitution areas in villages/subdistricts raises the possibility of a rise in human trafficking and sexual Harassment. This study showed that using land as a public space potentially increases conflicts in Indonesia. This study provided the Indonesian government with a new insight to consider when developing an area by taking land use diversity into account in order to minimize crime risks. [ABSTRACT FROM AUTHOR]

It is more than 25 years since Lawrence Sherman delivered his 'Ideas in American Policing' lecture on 'evidence-based policing' for the US Police Foundation. The original work [Sherman LW (1998) Evidence-Based Policing. Ideas in American Policing. Washington, DC: Police Foundation], Sherman's equally seminal study on 'preventing crime' [Sherman LW, Gottfredson D, MacKenzie D, et al. (1997) Preventing Crime: What Works, What Doesn't, What's Promising. Washington, DC: Office of Justice Programs] and the subsequent development of evidence-based policing in the 'Triple T' [Sherman LW (2013) The rise of evidenced-based policing: targeting, testing and tracking. In: Tonry M (ed.) Crime and Justice in America 1975–2025. Chicago: University of Chicago Press] have been immensely influential as well as, for some, controversial. In 1998, Sherman challenged scholars, practitioners and policymakers to use the 'best available evidence' to guide policy and practice. He then posed four questions: 'What is it? What is new about it? How does it apply to a specific example of police practice? How can it be institutionalized?'. Taking the lead from Sherman's questions, this contribution to the 25-year anniversary collection focuses on one example – police-led diversion – to illustrate the development and challenges of institutionalizing evidence-based policing since 1998. [ABSTRACT FROM AUTHOR]

This article reflects upon the key insights and evidence from policing research with regards to the organisation and conduct of police crime investigations and detective work. In particular, it attends to how a number of innovative technologies have had a shaping effect on this aspect of the police role. A central thread of the argument developed is how shifts in the context for policing, associated with the information environment has been inducing socio-technical changes to how crimes are investigated and resolved. Projecting forward from such developments, the article concludes by speculating on the ways the increasing availability of 'opensource intelligence' might reconfigure the social organisation of police crime investigations. [ABSTRACT FROM AUTHOR]

Generally speaking, criminals are caught by police for one or more of the following reasons: they confess to the crime; another criminal gives the police useful information about a crime; they are arrested red-handed or chased and caught by police; an eyewitness describes them; forensic evidence (fingerprints, footprints, DNA, etc.) at the crime scene or their handwriting or video footage is linked to them; or finally, because the police link a number of crimes committed by the same offender. Further, in today's large urban centres all over the world, the work of police detectives is becoming increasingly difficult, calling for more sophisticated techniques as criminals become even more adept. Films such as Silence of the Lambs, television series like Cracker in the UK, Mindhunter, CSI: Crime Scene Investigation, CSI: Miami or Profiler, and popular books like The Real Cracker by Stephen Cook (2001) , The Jigsaw Man and Picking Up the Pieces by Paul Britton (1998 , 2001) have popularised criminal profiling. In addition, well-known retired Federal Bureau of Investigation profilers (e.g. John Douglas, Roy Hazelwood, Robert Ressler) have published some of their experiences in helping law enforcement agencies catch serial killers. Likewise, in the UK, two very experienced offender profilers have published works; namely, academic psychologist Julian Boon and psychiatrist Richard Baddock. Offender profiling refers to the use of behavioural data evident in a crime to assist a police investigation by seeking to infer attributes of probable offenders, thus narrowing the police search for suspects. [ABSTRACT FROM AUTHOR]

In the past 25 years growing complexities of the policing landscape and emerging challenges, like technology, increased vulnerability and new crimes, mean that police officers require different skills and knowledge than previously. One way to enable this has been the increasing professionalisation of the police service including the academisation of police learning and an emphasis of developing better police knowledge informed by evidence. Increased professionalisation is viewed as one of the solutions to resolving some of the problems often associated with policing like the negative effects of police culture. The process of embedding higher education into policing has been slow, fragmented and challenging at times, and influenced by a broader set of political and external dynamics. Critics argue that policing is a more practical occupation in which the best way to develop is to learn on the job or develop craft knowledge. The intention of this article is to discuss the relationship between police and education particularly in the recent past. It will explore why higher education has become increasingly important, explore why resistance to the academisation process continues and look at the developing relationship between academia and the police. Finally, the future of higher education and policing is discussed. [ABSTRACT FROM AUTHOR]

The Bahamas is a relatively small archipelago challenged by a broad spectrum of diverse, complex, and consequential national security threats that extend to the 'unknown' of a global security threat equation. To address the threat spectrum, Bahamian policymakers incorporated the National Crime Intelligence Agency (NCIA) within the national security architecture. For various reasons, Bahamians are sceptical about, scared of, and uncomfortable with the idea or reality of the NCIA. As such, the NCIA has to pass the legitimacy test as it steps out of the shadows. This article provides a preview into the legitimacy test of The Bahamas' professional secret intelligence service. [ABSTRACT FROM AUTHOR]

The reporting of crime as victims and witnesses has important implications for police effectiveness in crime prevention, crime control, and community safety. However, some groups, for example, immigrants (otherwise referred to as foreign-born individuals), may feel less obligated to report crimes to the police. While there is a growing body of literature on a wide range of immigrant populations' willingness to report criminal activities to the police in New York City as victims and witnesses, conspicuously absent from the scholarly literature is research on Caribbean immigrants' willingness to report crime to the police. Relying on a sample of thirty-seven (n = 37) Caribbean immigrants from five areas in the New York City who were recruited using non-probability sampling, this study examined Caribbean immigrants' willingness to report crime as victims and witnesses as well as factors that affect their willingness to report criminal activities to the police. Thematic analysis of the data revealed that a great majority of the participants were willing to report crime to the NYPD. However, that willingness was fettered by several factors (seriousness of the crime, fear, and safety concerns). Five major themes emanated from the participants' narratives (safety concerns, fear, seriousness of the crime, civic duty, and attitudes of police officers), and these are discussed. [ABSTRACT FROM AUTHOR]

Financial cybercrimes and internet scams are on the increase. Moreover, the tax code imposes additional penalties on victims of financial scams. Clients engaged in fraudulent financial scams are often in a psychological state that encourages them to lie or misrepresent financial transactions and not even recognize obvious indicators that they are being scammed. Existing safeguards are insufficient for protecting clients from financial cybercrimes in which the client or customer initiates scam transactions. Interventions are required beyond the requirements of current law, regulations, and practices. Banks, brokers, and financial advisors are best placed to interrupt financial cybercrimes involving client-initiated transactions. This article reviews the cases of two scam victims to illustrate the nature of these crimes. Then, it explores the major laws and regulations for their inadequacy to deal with client-initiated scam transactions, concluding with practical recommendations for meeting the current challenge. [ABSTRACT FROM AUTHOR]

My aim in this paper is to defend negligence as a legitimate basis for moral and criminal culpability. In so doing, I also hope to demonstrate how philosophical and jurisprudential perspectives on responsibility can mutually inform each other. While much of the paper focuses on criminal negligence, my aim is to show how attention to certain doctrines and concepts in criminal law can shed light on our understanding of moral culpability including culpability for negligence. It is often taken to be a fundamental principle of criminal law that an act cannot be guilty unless it is accompanied by a culpable state of mind or mens rea. This has led to scepticism regarding negligence as a legitimate basis for desert-based criminal sanction because it is not clear that negligence picks out any mental state at all, much less a culpable one. In this paper I articulate and defend a unified account of moral and criminal culpability that rejects the standard view of mens rea that underlies negligence-skepticism. Specifically, I hold that the mens rea element of a crime does not function to inculpate, as is standardly held, but to partly determine the description under which an action counts as wrongful. While I agree that we should be especially cautious about criminalizing negligence, the relevant question, on my view, is not whether a given mens is sufficiently culpable but whether the mens-cum-actus is sufficiently wrongful to warrant the attention of criminal justice. [ABSTRACT FROM AUTHOR]

The defense-industrial complex is a component of the security and defense sector of Ukraine, the main task of which is the implementation of mechanisms of public-private partnership and militarytechnical cooperation with foreign countries for the production, supply of new and modernization of existing types of weapons, military and special equipment that meet the needs of the Armed Forces of Ukraine and other bodies of the security and defense sector, as well as to increase the export militaryindustrial potential of the country. Systematization of criminal offenses committed in the defense-industrial complex of Ukraine was carried out, divided into: self-interested encroachments on property (Articles 185, 191 of the Criminal Code of Ukraine) and abuse of office (Articles 364, 364-1, 365-2, 366, 367, 368, 369-2 of the Criminal Code of Ukraine); economic and criminal sabotage that undermines the economic security and defense capability of the country (Articles 330 and 333 of the Criminal Code of Ukraine) – uncontrolled movement across the state border of Ukraine of information and products of defense importance that are state secrets or subject to special export control; the defense-industrial complex, as an object of destructive influence by hostile foreign policy agents, can become the cause of crimes against the interests of the state and national security, such as disclosure of state secrets (Article 328 of the Criminal Code of Ukraine), espionage (Article 114 of the Criminal Code of Ukraine), treason (Article 111 of the Criminal Code of Ukraine) and sabotage (Article 113 of the Criminal Code of Ukraine). The conducted analysis of the criminal situation in the defense-industrial sphere proved the need for the implementation of a complex, systematic criminal-obstructive influence, including an operationalinvestigative one. Professional concealment of criminal actions by the participants through the use of a network of non-state economic entities and corruption connections is characteristic of such a militaryindustrial sector. Latency of tinted embezzlement schemes, carried out with the participation of illegally operating business entities, determines the priority of the work of operational units in identifying and documenting signs of criminal offenses in this area. [ABSTRACT FROM AUTHOR]

The article examines the peculiarities of conducting a forensic commodity examination of jewelry, which is appointed when it is necessary to investigate their value and other characteristics in such legal processes as civil, economic, administrative, criminal, as well as in case of violation of customs rules. The concept of «jewelry» is revealed in several aspects: as objects of commodity science, gemological examination, research of precious metals and alloys; their types depending on the materials of manufacture. The main categories of forensic examination of jewelry are considered: subject, objects of examination, tasks, methods and stages of research. The tasks of this research are classified into three groups: identification, classification, and diagnostic. The analysis of research tasks and methods is based on the demonstration of expert actions with precious products as a whole and their individual components - inserts, precious metals, precious stones, as well as accompanying documents. Based on the analysis of expert practice, methods of expert research of jewelry were determined, which include: organoleptic, instrumental (measuring), calculation methods, express method, value method of research. Taking into account that in order to conduct research on jewelry, the expert faces the task of determining the type, mass, quality and cost of the components and the product as a whole, the type of precious stone, precious metal, its content in the product, in practice a comprehensive examination is prescribed. A commodity expert, a gemologist and a specialist in metals and alloys are involved in conducting this expert study. It has been found that the stages of forensic examination of jewelry appear as a general structural and logical scheme of expert research. The main stages are defined as: preliminary inspection of the jewelry and analysis of accompanying documentation; research and analysis of the facts obtained by the expert; diagnostics of stones, metals regarding the study of inserts, etc.; documentation of an expert opinion. In order to improve the process of investigation of criminal offenses where jewelry is the object of the criminal offense, the main features of the forensic examination of the relevant jewelry are summarized. [ABSTRACT FROM AUTHOR]

The article examines the correlation between the concepts of detection and investigation of criminal offenses which are widely used in legislation and theory of criminal procedure, operational and investigative activities, and forensics. The author draws attention to the fact that the current CPC of Ukraine introduces the concepts of investigation and trial instead of detecting crimes to determine the tasks of criminal proceedings. The article provides information about the authors who have devoted their research to the analysis of the concepts of detection and investigation of criminal offences. It is noted that in some cases, discussions among scholars arise due to ambiguous understanding and interpretation of the essence and content of these concepts. The purpose of the study is to analyse the provisions of current legislation which regulate the issues of combating crime and the use of the concepts of detection and investigation of criminal offences, as well as the works of scholars who have analysed these issues and substantiated their personal vision of their solution. The analysis of the publications of scientists who tried to formulate the definition of the concepts of detection and investigation of crimes, reveal the essence and show their importance for the theory and practice of law enforcement during the evaluation of the effectiveness of their work in combating crime was carried out. It is proved that the concept of criminal offences detection has the right to be used in rule-making and theoretical developments. To reduce contradictions, it should be considered in three senses: as a task of criminal proceedings; as a special type of law enforcement activity aimed at detecting criminal offences and their perpetrators and proving the circumstances which are the subject of proof for making a correct court decision; and as a result of such activity. The author proposes to define the moment when it is appropriate to consider a criminal offence to be solved. The conclusions contain proposals regarding the practicality of using the phrase «detection of criminal offences», which covers misdemeanours and crimes when formulating the tasks of criminal proceedings and stating in the article on clarification of terms that detection of crimes as an activity includes detection of signs of a criminal offence and its investigation. [ABSTRACT FROM AUTHOR]

The article defines the concept of criminalistic characteristics of illegal employment in fish, game or other water extractive fishing and outlines its main structural elements. The opinions of the leading criminologists regarding the essence of the criminological characteristics are highlighted, and a proper concept was formed based on them. In the course of the study, it was determined that the forensic characterization of illegal employment in fish, game or other water extractive fishing should be understood as an organized collection of forensic information on significant typical features that distinguish the criminal offense provided for in Art. 249 of the Criminal Code of Ukraine from other criminal offenses and determine the system of operative and investigative measures and procedural actions aimed at his detection and the fulfillment of the tasks of criminal proceedings provided for in Art. 2 of the Criminal Procedure Code of Ukraine during the investigation. All elements of forensic characteristics are interdependent, the detection of internal connections allows, knowing one element of the criminal offense system, to gain knowledge about some other elements and ultimately to uncover a criminal offense. The content of the forensic characterization should include the features of the methods and traces of the relevant types of criminal offenses, the circumstances characterizing the participants in criminal illegal acts and their illegal connections, the objective side, time, place, conditions of committing criminal offenses, the object of the offense and relationships connection of the listed factors. That is why, the elemental-component structure of the criminalistic characterization of the criminalistic characterization of illegal employment in fish, game or other aquatic extractive industry, as a data system based on the practice of law enforcement agencies and forensic research, includes: 1) the subject of criminal encroachment; 2) the setting of the crime and the trail picture; 3) ways of committing; 4) information about persons who have committed a criminal offense (identity of the offender). The specified elements most accurately reveal the content of forensic characteristics in the process of developing a methodology for investigating illegal fishing, animal or other water extractive fishing. [ABSTRACT FROM AUTHOR]

The article is devoted to determining the state of legal regulation of the use of means used during control over the commission of a crime. Gaps in the legislation regarding the definition of the concepts «pre-identified (marked) means» and «false (imitation) means» were identified, and own definitions were proposed. It was established that not only objects of the material world can be pre-identified (marked) or false by means of imitation, but also objects of the digital environment. The Criminal Procedural Code of Ukraine (hereinafter referred to as the CPC of Ukraine) does not have norms that would determine the procedure for the use of pre-identified (marked) and false (imitation) means, instead, such norms exist in related laws. Also, the criminal procedural legislation does not specify the characteristics to which the specified means should meet for their use during undercover investigative (search) actions (hereinafter referred to as NSRD). Criteria for the characteristics of pre-identified (marked) and fake (imitation) means are proposed. The article analyzes the practice of using pre-identified (marked) means and fake (imitation) means by law enforcement agencies. Particular attention was paid to the issue of the use of fake (imitation) means as means or cover structures during the undercover investigative (search) actions. It is worth noting that the Criminal Procedural Code of Ukraine of Ukraine, in contrast to other laws that regulate the activities of special services authorized to carry out operative and investigative activities, does not have norms that directly define the right of law enforcement agencies to use fake (imitation) means as means of investigation during a pre-trial investigation or cover structures. Obviously, such a gap also needs to be eliminated. In the opinion of the author, investigators and operational workers during the undercover investigative (search) actions should not invent rules that do not exist, or guess how they should act in a particular situation, based on the practice of operational and investigative activities, but should act exclusively within the limits of the powers granted them by law. Therefore, it is advisable to make appropriate changes to the criminal procedural legislation. [ABSTRACT FROM AUTHOR]

The article is devoted to the problematic issue of presenting a person for identification in criminal proceedings on sexual criminal offenses. The essence of this method of obtaining evidence is the identification of the culprit, which provides direct evidence of the commission of certain actions or non-involvement in them. Compared to other types of identification, in particular by material traces, the presentation of a person for identification has significant features. The article emphasizes that one of the factors that determines the specificity of this investigative (search) action is its focus on using in evidence the image of a certain object that has been preserved in a person’s memory in connection with his perception of a certain event. Images in human memory have a complex psychophysiological mechanism of formation, the course of which is influenced by both objective and subjective factors. Objective factors are external conditions of perception: distance, lighting and other factors of the situation. Subjective factors are individual characteristics of a person that affect the perception, memorization and reproduction of a perceived event: the age of a person, the state of the senses, concentration of attention. Thus, both groups of factors must be taken into account when making a decision by the pretrial investigation body regarding the presentation of a person for identification. Another factor in presenting a person for identification, which is analyzed in the article, is its detailed legal regulation. It is claimed that the detailed description of the rules and procedures for presenting a person for identification is due to the legislator’s awareness of the complexity of the psychophysiological mechanism of the formation of images in a person’s memory and their reproduction during criminal proceedings. Strict adherence to procedural regulations is a safeguard against mistakes when presenting a person for identification. The article analyzes the definition of the essence of the presentation of a person for identification, set out in scientific articles, training manuals and textbooks after the entry into force of the Criminal Procedure Code of Ukraine in 2012. It was concluded that some of them contain inaccurate and sometimes erroneous statements. Thus, the proposition that the purpose of presentation for recognition can be not only the identification of the presented object, but also the establishment of its similarity with the object that was perceived by the person is recognized as erroneous. This perception occurs under circumstances subject to proof. It is claimed that this expansion of the task of presentation for identification of a person contradicts the normative prescriptions of the current criminal procedural law. An analysis of these prescriptions was carried out with the critical use of examples from judicial practice. It is noted that the cited violations of legal norms are related to the uncritical perception of outdated provisions and recommendations aimed at obtaining evidence of prosecution for anything. Their perception and inert practical application by the authorized subjects of the pre-trial investigation and judges creates grounds for a well-founded challenge to the results of presentation for recognition by the defense. [ABSTRACT FROM AUTHOR]

This analysis employs a Bayesian framework to estimate the impact of a Cognitive-Behavioral Therapy (CBT) intervention on the recidivism of high-risk people under community supervision. The study relies on the reanalysis of experimental datal using a Bayesian logistic regression model. In doing so, new estimates of programmatic impact were produced using weakly informative Cauchy priors and the Hamiltonian Monte Carlo method. The Bayesian analysis indicated that CBT reduced the prevalence of new charges for total, non-violent, property, and drug crimes. However, the effectiveness of the CBT program varied meaningfully depending on the participant's age. The probability of the successful reduction of drug offenses was high only for younger individuals (<26 years old), while there was an impact on property offenses only for older individuals (>26 years old). In general, the probability of the successful reduction of new charges was higher for the older group of people on probation. Generally, this study demonstrates that Bayesian analysis can complement the more commonplace Null Hypothesis Significance Test (NHST) analysis in experimental research by providing practically useful probability information. Additionally, the specific findings of the reestimation support the principles of risk-needs responsivity and risk-stratified community supervision and align with related findings, though important differences emerge. In this case, the Bayesian estimations suggest that the effect of the intervention may vary for different types of crime depending on the age of the participants. This is informative for the development of evidence-based correctional policy and effective community supervision programming. [ABSTRACT FROM AUTHOR]