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The key goal of this research paper is to analyze the specific features of legislative construction of Article 245 of the Criminal Code of Ukraine, in particular, the method of statutory reflection of the elements of the subject matter and subjective side of this criminal wrongful act used therein, and also to study the relevant European experience. This will enable to develop proposals aimed at improving the provisions of current national criminal legislation, which are intended to guarantee the protection of flora by means of Ukrainian criminal law. In the course of relevant comparative legal research and formulation of conclusions, the author used a number of different scientific methods of cognition, in particular: modeling, comparative, dialectical, systemic as well as statistical methods. A conclusion has been reached that the newer version of the criminal law norm under study should, firstly, retain criminal liability for trespass to any type of vegetation, and not only violations relating to forests, and secondly, within its framework, liability for a) encroachment not only on green spaces around settlements, along railways, but also on any other green spaces, including those not located in appropriate places; b) destruction/damage of vegetation on lands of any category from among those provided for by the Land Code of Ukraine. In addition, the authors argue that it is necessary to establish penalties for intentional and negligent destruction of flora that differ in severity, which is explained by the significantly different degree of public harmfulness. [ABSTRACT FROM AUTHOR]

The research paper outlines several issues related to the impact that the organized crime nowadays has on global community. Various issues of "group" criminality, its goals and motivations are discussed at length. The difficulty of precisely defining such phenomenon is explored. Two major pieces of international legislation, the United Nations Convention against Organized Crime and the EU Council Framework Decision 2008/841/JHA of 24 October 2008, are discussed in order to reveal some key parameters for introducing national criminal law provisions against organized crime. By using comparative and other research methods, American, Mexican and Ukrainian approaches to outlining issues of organized crime and responding to them are explained. As a role model, historical roots, structural model and impact of Mafia-type organizations in the United States have been outlined. Also, successful impact of the U.S. Racketeer Influenced and Corrupt Organizations Act on such types of criminal activity has been revealed. Finally, the structure of criminal community in Ukraine as a typical form of organized crime in this country has been described through the legal analyses of its five key elements. [ABSTRACT FROM AUTHOR]

The aim of this article is to study legal regulation, doctrinal approaches on understanding and using presumptions in criminal procedure proof of the states with continental and Anglo-American legal systems. The methodological basis of this research consists of general scientific and special legal methods, namely dialectical, analysis, generalization, structural and functional, hermeneutic, dogmatic and comparative legal methods. The article analyzes one of the means of criminal procedure proof -- presumption. By analyzing the corresponding norms of CPC of Ukraine, legal positions of the European Court of Human Rights, Supreme Court of the USA and the views of fellow researchers, the authors present their vision of issues within the scope of the study. The significance of presumptions as means of proof in criminal proceedings is clarified and their types which are distinguished in the doctrine of criminal procedure of continental and Anglo-American legal systems are characterized. [ABSTRACT FROM AUTHOR]