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Elder abuse and neglect continues to be a gray area when it comes to convicting perpetrators such as family, friends, strangers, and caregivers who commit any form of physical, psychological, financial, neglect, or sexual abuse towards an elder. This is due to the legal definition being vague and non-transparent. The legal and health systems rely on two different definitions of what is deemed to be elder abuse and neglect in Canada when reviewing or assessing allegations of such abuse. Elder abuse and neglect increased throughout the COVID-19 pandemic, during which Ontario and the rest of Canada experienced staffing shortages in long-term care homes and for those cared for at home. Elder abuse in Indigenous communities poses special problems, in particular that of spiritual abuse that occurs when an Indigenous elder is forced to practice and develop religious beliefs other than their own. The law in Canada, including the Criminal Code, has proven to be an ineffective mechanism to combat elder abuse.

The conflict between a sex worker's natural right to dignity, and the scope of control she can exert over her own body - her rightful property - plays a central part in much of the research and debate surrounding the commercialization of sex, and there is little consensus as to which natural right is of greater fundamental importance. This conflict over the morality and legal rights of sex workers is plainly evident in Canada's own treatment of the issue; spanning a period of over twenty-five years, the research and reports on prostitution commissioned by the federal government constitute several thousand pages of empirical evidence documenting the harm caused by the criminalization of prostitution, yet no changes have been made to the country's Criminal Code provisions since 1986. Throughout these government reports and the testimony of dozens of participants in the 2005 hearings held by the country's Subcommittee on Solicitation Laws, the same conflict of language and ideology is repeated; regardless of the time and location, conversations about prostitution within Canada follow an almost predictable pattern of spinning wheels and little progress. In light of the new opportunity to effect change in Canada's approach to prostitution law, this paper examines the signs and significations evinced in the language of Canada's present laws, and traces the legislative history of sex work in the country as well as the cyclical nature of the observations and conclusions drawn by the many federally-appointed committees charged with addressing the topic. Select witness testimony from hearings conducted by the most recent committee to address the state of prostitution, the Subcommittee on Solicitation Laws, is also reproduced and analyzed. Using the opposing perspectives of victim and rights discourse as a loose framework, particular analytical focus is placed on the language used and ideological beliefs expressed within both the formal reports and testimony. Finally, the core conflicts revealed in Canada's hearings and formal reports on prostitution are placed within a larger body of theory on human agency and the physical body for the purpose of emphasizing the unequivocal necessity of respecting sex workers' autonomy, first and foremost, in any future determination of sex work's place within the social and legal fabric of the country.

This paper will discuss the issues of qualification of crimes against Sexual Freedom and Inviolability considered by Chapter 22 of Criminal Code of Georgia, which were made in the Criminal Code of Georgia after the Parliament of Georgia ratified the Council of Europe Convention on “preventing and combating violence against women and domestic violence” (Istanbul Convention) adopted on May 11, 2011. Georgia signed this Convention on June 19, 2014. This paper will discuss the relative aspects of qualifying circumstances and disposition of rape and other related corpora delicti and their understanding in a new manner. The article will study the pros and cons that resulted in the fundamental changes made to the Criminal Code of Georgia on May 30, 2018, after the ratification of the “Istanbul Convention”. The concept prevailing, in theory, provides a new definition about what problems were solved and what contradictions arose from the new changes. In court practice, there still prevails the view that in order for the action to be assessed as rape, it is necessary for a woman to carry out “selfless” resistance to the offender. However, there are frequent cases when no signs of resistance are found on the victim’s body. Given the above, as evidence of the absence of consent is not often established to a high standard by the investigation (for example, in the event of a threat of violence), the case ends with the acquittal of the accused. The article will present recommendations on making changes in some components of the action by the Parliament of Georgia in the future. Based on the scientific literature and the legislation, both, main and additional qualifying elements considered by the disposition of the given Articles will be discussed in detail.

The article highlights the issues of how to impose criminal liability on juveniles. Based on the analysis of consistency between the effective Criminal Code of Ukraine and the international standards of juvenile rights protection, the author has outlined the ways of how to improve the existing legal standards of such imposing. More specifically, the grounds for punishment mitigation have been determined depending on the gravity of offence. The punishment should be consistent with the offence committed. And the best way to match the punishment and the offence is when the punishment derives from the offence itself, from its nature. A fine will be a good enough response, because it makes the committed offence kind of unprofitable for the convicted individual. One of the punishments that the Criminal Code of Ukraine anticipates for juveniles is a fine. However, Article 99 of the Criminal Code of Ukraine mentions no minimum fine amount allowed for juveniles. As these specific standards are absent, juveniles should be subject to the general standards available, i.e. the minimum fine amount is equal for both juveniles and adults. It would be reasonable to decrease the minimum fine amount for juveniles in the Criminal Code of Ukraine. The author believes that the only guarantee for this fine to be paid can be the standalone property owned by the convicted individual, which could be foreclosed. An important type of punishment for juveniles is correction works. However, no specific conditions of its imposing on juveniles exist. One of the major ways to influence the individual convicted to correction works is labor and disciplinary impact of the labor collective (employees), which is but unfeasible today. In fact, no legal pattern exists to ensure that the employees will fulfill their obligations to rehabilitate the convicted individuals. Yet another type of punishment that Article 98 of the Criminal Code of Ukraine anticipates for juveniles is arrest. That arrest is considered a milder type of punishment in the punishment list than restraint can be deemed a disadvantage of the Criminal Code of Ukraine, 2001. At the same time, it is proposed to impose the so-called “youth arrest” on the juveniles of fourteen and on older ones, i.e. the service of punishment on days-off or holidays. The analysis of the system of punishments imposed on juveniles for the committed offences, which has been made in this article, shows that this system not always makes it possible to select the punishment consistent with the action committed. That is why the author has proposed to add new types of punishment to the already existing statutory system of punishments, such as obligating a juvenile to recover the caused damage or to execute certain works in favor of the affected party to compensate it for the damage caused; depriving a juvenile of the right to be engaged in certain activities; sending a juvenile to a special custodial rehabilitation center.

The scientific article is devoted to the analysis of judicial practice of the crime of domestic violence. The urgency of the topic is due to the need to develop Ukraine as a modern democratic state governed by the rule of law and further expand legal regulation in the field of prevention and combating domestic violence. Methodology. Methodological tools are selected in accordance with the purpose, objectives, object and subject of research. The methodological basis of the study are philosophical, general and special-scientific methods of cognition. The theoretical basis of the study were the prescriptions of regulations of current legislation of Ukraine and scientific works of domestic scientists on domestic violence. Taking into account the specifics and complexity of the chosen subject of research, interdisciplinary and complex approaches were used, which allowed to work out and interpret the results of empirical research. The generally accepted principles of scientific knowledge are applied, in particular, the principle of determinism, the principle of conformity, the principle of subsidiarity. The methods, techniques, principles used made it possible to identify, distinguish, distinguish and prolong the relationship of part and whole, single and total selected sample, emphasizing the dialectical unity and difference between the properties, relationships and aspects of the subject. The empirical basis of the study is the information obtained from the analysis of case law, namely: acts of criminal law (court verdicts), the period of adoption from 01.01.2020 to 01.01.2021, the decisions of which are placed in the Unified State Register of Judgments of Ukraine. In the course of the research the concept, legal consequences and composition of the crime of Article 126-1 were revealed and characterized. Domestic violence of the Criminal Code of Ukraine. The variability of structural units of criminal-legal interaction of the offender-victim with the indication of the family-legal status of the participants in the crime of domestic violence is emphasized. Attention is paid to fragments of legal reality and to certain orientation units of lawful and wrongful behavior. The influence of genetic and environmental factors on the formation of the behavior of participants in deep conflict domestic violence is noted. Attention is paid to the commission of crimes based on personal hostility. Also, the interpretation of the sample data revealed that a significant number of crimes of domestic violence were committed by the perpetrator (suspect / accused) in a state of intoxication or under the influence of psychoactive substances (alcoholic beverages), which in turn indicates the problem of interdependent, addictive behaviors, psychologic emotional imbalance. Thus, the modular interrelationships of the participants in the deep conflict in the field of domestic violence, taking the form of a criminal act, are determined by a set of interconnected, interdependent factors of biological and social nature. This gives grounds to argue about the need to improve measures to prevent and correct deviant behavior in society. Based on the results of the study, conclusions and recommendations were formed regarding the improvement of social and legal influence in the field of prevention and counteraction to domestic violence. Among other things, it is expedient to modernize social policy, form, develop the institution of "family", "general family", as well as the development and implementation of targeted comprehensive programs for the prevention of domestic violence, legal education, structured according to psychological age, hierarchy of activities, neoplasms of consciousness and personality. The general conditions of such an approach are the successful acquisition of knowledge and skills of self-regulation of behavior, as well as the formation of motivational and demanding sphere of personality of the right direction. The obtained results can be used: in research work — for further research of legal, psychological specifics and structure of domestic violence; in law-making — to improve the legal regulation of the system of prevention, counteraction to domestic violence; — law enforcement activities — in the implementation of state policy in the field of prevention, combating domestic violence; in the educational process — in the preparation of lectures, seminars, practical classes; in legal and educational activities — to improve the modular guidelines of socio-legal behavior of the individual, aimed at raising the level of legal awareness, legal culture; as well as for all other professionals who deal with domestic violence.

20 years after the issue of Ordonnance 92/2000 which was establishing the need to provide services for the social reintegration of offenders and supervision for non-custodial sanctions, called from 2006 probation services, a national study was carried out on the visibility of probation system among citizens. The respondents were all the probation services Chiefs in the country and their opinion confirmed the hypothesis that the National Probation System, ignoring the recommendations of the Committee of Ministers of European Council, don't have a promoting strategy nither the concern for creating a recognizable image among the other actors involved in the justice act. Consequently, the field has so far failed to gain full consideration within the Romanian Criminal Justice System and visibility among citizens, although after 2014 when the New Criminal Code started to be applied, the number of offenders attended by probation services was tripled and the staff's attributions war extended. The article is structured in two parallel planes, first showing the social and economic benefits of alternative detention measures supervised by probation services in the light of the costs of incarceration and the second showing the unfair lack of visibility of these benefits and the unknown activity carried out by probation counselors for the social reintegration of offenders.

The article is devoted to the study of topical issues of legislative regulation of criminal offenses against sexual freedom and sexual integrity of the person, provided for Articles 152–1561 of the Criminal Code of Ukraine. In the process of research the author identified a number of shortcomings and gaps in their legislative regulation, namely: 1) contradictions in terms of «the child» (the Criminal Code does not specify which age group is included in this concept), «the minor» (a person aged 14 to 18 under Article 32 of the Civil Code of Ukraine) and «the person under 16 years of age». These contradictions arise between the content of the dispositions and the titles of Articles 156 «Corruption of minors» and 1561 «Solicitation of children for sexual purposes» of the Criminal Code of Ukraine; 2) it lack of legislative concretization of the concept of «indecent assault» in Art. 156 «Corruption of minors»; 3) dualism and competition of legal norms in the application of Part 4 of Art. 152 «Rape» and Art. 155 «Committing acts of a sexual nature with a person under the age of sixteen», associated with the presence in both articles of the possibility of «voluntary consent» of «the person under 14 years of age» to commit sexual intercourse; 4) clarification of the possibility of practical application of Art. 1561 «Sexual harassment of a child». The author proposed the following changes and additions to the provisions of the Criminal Code of Ukraine to eliminate these shortcomings: 1) to formulate the name of Art. 156 as «Corruption of a person under the age of sixteen» and Art. 1561 as «Solicitation for sexual purposes of a person under the age of sixteen»; 2) to define the concept of «lecherous acts» in Art. 156 «Corruption of minors», for example, as «acts related to the physical and/or intellectual depravity of the victim in the sexual sphere», including those related to «exposure or touching the genitals, incitement to natural and unnatural sexual intercourse, conducting cynical conversations on sexual topics»; 3) to exclude from the text of the disposition part 4 of Art. 152 the concept of «voluntary consent» and supplement Art. 155 by the part 3, that provides the next: «The acts provided in part one of this article, committed against a person under the age of fourteen, – will be punishable by imprisonment for a term of ten to fifteen years». It is the presence of legible, consistent and justified criminal law norms in criminal offenses against sexual freedom and integrity of the person will ensure reliable legal protection of moral values of the child and society in Ukraine and proper implementation of criminal law policy of the Ukrainian state.

This article or article aims to examine and analyze the legal rules governing children involved in motorcycle gangs, as well as the factors causing criminal acts against children involved in motorcycle gangs, as well as legal policies carried out by the police against children involved in motorcycle gangs. The problem is focused on how the legal rules regulate children who are involved in motorcycle gangs. In order to approach this problem, the reference theory of law enforcement, theory of legal certainty and theory of policy is used. The research method in this paper is a normative legal research method. The data were collected through primary, secondary and tertiary data sources, then analyzed using qualitative analysis methods. This study concludes that the legal rules regarding children involved in motorcycle gangs are contained in: the 1945 Constitution of the Republic of Indonesia, Law Number 1 of 1946 concerning the Criminal Code, Law Number 1 of 1974 concerning Marriage, Law Number 4 1979 concerning Child Welfare, Law Number 3 of 1997 concerning Juvenile Court, Law Number 23 of 2002 concerning Child Protection, Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Factors that cause crime against children involved in motorcycle gangs are as follows: (1) family factors, (2) social environment factors, (3) education factors. The legal policies carried out by the police against children involved in motorcycle gangs are as follows: (1) Penal policies are applied to children involved in motorcycle gangs as well as non-penal policies.

This study aims to analyze the legal rules regarding the crime of gambling to analyze what factors encourage the occurrence of illegal toto gambling crimes, especially in Deli Serdang Regency. The research method used is descriptive method, with a case approach and legislation, with interview data collection instruments and documentation studies, while the data analysis technique uses qualitative descriptive. The results of the study show that the legal regulation of lottery gambling is based on article 303 of the Criminal Code and article 303 bis and the UTE Law article 27 paragraph (2), with criminal threats in article 45 paragraph (2), as well as Law no. 7 of 1974 concerning Gambling Control in Article 1 that gambling in any form is a crime. The factors that encourage the occurrence of gambling crimes in Deli Serdang Regency are: the hope of getting a win, the influence of the environment, lottery gambling is easy for everyone to do, it doesn't take much time to do it, lottery clerks are available in many places, the development of information technology make it easier for players to send guesses for lottery gambling numbers, as well as weak supervision by the police. Law enforcement against lottery type gambling at the Lubuk Pakam District Court is still not firm.

Traffic problems are one of the problems on a national scale that develop in tune with the development of society. The problem faced today is the high number of traffic accidents on the highway. This study aims to determine the accountability and legal policies in an effort to overcome the perpetrators of traffic accidents that resulted in the death of the victim at the Humbang Hasundutan Police Traffic Unit. The research method used is normative or doctrinal juridical legal research as library research or document study, which has descriptive analysis. The results of the study indicate that the law against perpetrators of traffic accidents resulting in the death of the victim is regulated in Article 359 of the Criminal Code, Article 106 paragraph (2), Article 229, Article 310 paragraphs 1 to 4 and Article 312 of the Law. No. 22 of 2009 concerning Road Traffic and Transportation and Government Regulation Number 37 of 2017 concerning Traffic and Road Transportation Safety. Legal policy in an effort to overcome the crime of traffic accidents that resulted in the death of the victim at the Humbang Hasundutan Sat.Lantas Police carried out penal and non-penal where accountability is carried out by applying imprisonment as regulated in Article 310 paragraph (4) of Law no. 22 of 2009 concerning Road Traffic and Transportation.

This paper aims to examine the rule of law regarding law violations by motorcycle gangs, to examine the role of the Brimob Police Corps and the obstacles faced in overcoming law violations by motorcycle gangs. The problem is focused on how the law rules regarding law violations by motorcycle gangs, what is the role of the Brimob Police Corps and the obstacles faced in overcoming law violations by motorcycle gangs. To approach this problem, Soerjono Soekanto's role theory is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the criminal act of violating the law by motorcycle gangs is contrary to Article 170 regarding crimes against public order, Article 351, Article 352, Article 368 regarding persecution and Article 510 and Article 511 regarding violations of public order in the Criminal Code, contrary to Article 106 and Article 115 in the Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation. The role of the Brimob Police Corps in overcoming violations of the law by motorcycle gangs can be seen by using Soerjono Soekanto's theory based on aspects of role as a norm, role as an individual/norm, and role in the social structure of society. The constraint factors faced by Brimob are that the perpetrators of violations are minors, the lack of parental supervision of their children and the actions of motorcycle gangs usually involve a large number of people.

Cuando se habla de la participación y de autoría mediata se direcciona al Código Orgáico Integral Penal (COIP) del Ecuador, es así que en él se pudo constatar que en el Art. 42 literal 2 habla sobre aquellas personas que realizan acciones como sugerencias, amenazas, entre otros, para incitar a otras a que se cometa un delito, también son consideradas como responsables del mismo, a pesar de que él no fue quien ejecutó la acción, considerándose como autores mediatos, de esta forma se viola el principio de delito colateral, a esto se le adjunta el influjo psíquico, ya que en su gran mayoría es utilizado como una herramienta directa para este tipo de autoría, haciendo que la persona que ejecuta la acción sea direccionado por influencias como concejos, recomendaciones, entre otros, para que realice el delito. El objetivo del presente proyecto fue el análisis de la forma que interviene el Influjo Psíquico como instrumento directo para la autoría mediata, es por ello que en base a un método cualitativo se aclararon los diversos conceptos científicos y técnicos que se relacionan en el influjo psíquico como herramienta para la autoría mediata. El principio de una acción criminal se fundamenta en lo ilegal, lo típico y el hecho culpable y su sanción se basa en la garantía del derecho penal y la Constitución de la República del Ecuador.

The purpose of the research is devoted to the criminological description and explanation of the state of illegal influence on the results of official sports competitions in Ukraine. A reading of the high level of latency of crimes according to article 369-3 of the Criminal Code of Ukraine, evidence that it is at least 99% of its real level. The structure of match manipulation was revealed and analyzed according to the type of sport, the method of illegal influence on the results of official sports competitions, as well as the subjects of bribery. The characteristic of the corresponding structural units is given. Methodologically, the basis of the research is the dialectical method that serves to interpret social and legal phenomena through documentary sources. It is concluded that the most intense criminal match-fixing is practiced in sports such as football, futsal, basketball, and volleyball. Among the ways to encourage athletes to commit illegal acts, bribery predominates (75%). At about the same level in terms of prevalence with small fluctuations in specific weight are structurally found ways to influence athletes such as incitement (10%) and conspiracy (8%).

This article deals with the criminalization of violating religious feelings is of a scientific and research nature. The scientific problem is to determine the actual ratio legis of the act described in Article 196 of the Polish Criminal Code, which will ultimately allow to assess whether the criminalization decision is right. The author does not share the commonly held views on the protection and justification of the criminality of offending religious feelings. A comparison of crimes that provide for punishment for violating other feelings, as well as violating feelings of a different nature with impunity, allows for the formulation of the thesis that in the case of Article 196 of the Criminal Code it was not religious feelings and their protection that became the reason for the criminalization decision. This reason is the fear of the social consequences of violating religious feelings. Since this behavior is criminalized in most countries around the world, the significance of these scientific findings is of international significance both theoretically and practically.

Within the scope of the current research, the analysis of the psychological and criminological aspect of the optional signs of the subjective part in crimes against life and health has been conducted. Within the scope of the psychological and criminological features, stated patterns can be disclosed through the forming process of the criminal behavior mechanism. Within the framework of the current research it has been established that individual determinant which can help to differentiate related elements of crime are common to each premeditated crime against life and health. Mental derangements, irritation, anti-social behavior, depreciation of the social relations, indifference to others and other negative emotional patterns are often common to the criminals committing premeditated crimes which are punishable under Chapter 16 of the Criminal Code of the Russian Federation. Discovered patterns can be useful for the development of new investigation techniques, for the prevention of the stated crimes and legislation improvement.

Women are a group of people whose position is part of a country that is still characterized as a weak group and prone to a form of crime. Therefore, women need a form of legal protection to obtain remedies for crimes received and as a form of preventive measures to stem these crimes from recurring. The PKDRT Law, the Witness and Victims Law and the Criminal Code are regulations that can provide legal protection to women. The three laws and regulations can be a direction for law enforcers to provide a form of protection for women as victims of crime. However, in its application there are obstacles that can hinder the process of providing protection to women. This study aims to determine what obstacles can be a barrier to law enforcement officials to provide protection to women and to find out what forms of legal protection can be provided to women as victims of crime. The method in this research fosters Normative Law research which focuses on the rules and norms of positive law and data collection that has been compiled from various studies and websites that are relevant to the discussion. Based on the research results, it is found that: First, there are obstacles that occur in providing protection to women in the components of the criminal justice system. Second, that legal protection for women can be done abstractly and concretely by applying the provisions in the Witness and Victim Law, the PKDRT Law and the Criminal Code, so that the three laws and regulations can provide protection to women which is done abstractly or concretely.

The author, being a participant in the process of reforming the Criminal Code of the Kyrgyz Republic, offers his own ways out of the crisis situation in the field of combating crime in the Kyrgyz Republic, when due to the new Criminal Code of the Kyrgyz Republic, the Code of the Kyrgyz Republic on misconduct, the Code of the Kyrgyz Republic on violations of law enforcement agencies The Kyrgyz Republic turned out to be powerless in the face of crime, lost the opportunity to prevent crimes by means of administrative prejudice in the criminal law of the Kyrgyz Republic. The author, using specific examples of the articles of these codes, shows the destructive nature of these codes for the state and its institutions.

The article provides a criminal description of a privileged type of murder is the premeditated murder by the mother of her newborn child. The aim is to solve the problems of law enforcement for the correct qualification that exist in modern criminal law. The study focused on the main problematic aspects that are inherent in article 117 of the Criminal Code. Considerable attention is paid to the establishment of subjective and objective features that are inherent in this criminal offense. An inspection of the object of the crime under article 117 of the Criminal Code, which is only a person who has a special relationship with the child. The article lists the subjects who may have this connection. Problematic issues related to the time of the murder of the mother of her newborn child as an important element of the objective side were analyzed. The main problem was to clarify the time of the murder during child-birth and after. To achieve this goal was studied not only legal norms but also medical practice. The article analyzes the opinions of various scholars who have considered the period of time required to commit this criminal offense. Also in the article we paid attention to another point of discussion about an essential element of the subjective side, such as the presence of a special psychophysical state of the mother. To determine it, an analysis of the relevant rules was carried out and case law was considered. Taking into account the experience of foreign countries, we evaluated other experience and compared it with Ukrainian legislation. In addition, attention is paid to the question of the subject’s intent and the moment associated with its occurrence. In order to accurately understand the content of the crime provided for in article 117 of the Criminal Code, it was separated from the crime provided for in Part 3 of article 135 of the Criminal Code. A mother’s endangerment of a newborn child if it has caused death or other serious consequences is very similar to the murder of the mother of her newborn child, but they are different. At the end of the article there is an own opinion on possible changes in the legislation and a more detailed clarification of all necessary aspects for further correct classification of the crime.

In criminal law there is no penalty if there is no wrongdoing, this basis is about the accountability of a person for the actions he has done. Therefore, in criminal law there are exceptions to such criminal liability, for example contained in Articles 48, 49, 50 and so forth. In addition, there are burdensome things that will be imposed on the accused for crimes committed, such as samenloop, recidive and so on. In the Muaro Sijunjung District Court there is one case concerning a combination of criminal acts, namely theft crimes accompanied by violence and moreover this theft is carried out among families (theft in the family). In this case the judge has decided the prison sentence for 6 (six) Years. But according to the analysis of the author there is no sense of justice for the victim because this perpetrator is the husband of the victim's child so that there is no deterrent effect for the perpetrator, the reason that there is no more theft in this family because no matter how small the crime committed by a person must be taken action in order to obtain justice and legal certainty. In principle, judges have the freedom to determine the measure of punishment to be imposed on the perpetrators of crimes, as long as it does not exceed the maximum provisions specified in the Criminal Code. Therefore, the sentencing of the accused for a combination of crimes committed by means of pure absorption Stelsel that is If a person commits several acts that are several delik each threatened with a different kind of criminal

The research paper deals with the social and criminal law characteristics of such phenomenon as “bullying”. The conducted research shows that bullying is a phenomenon that is no longer purely administrative and legal, and is now subject to criminal law characteristics because it often entails criminal consequences. A detailed analysis of the provisions of the Criminal Code of Ukraine allows concluding that certain manifestations of bullying were reflected in corpus delicti as torture, driving to suicide, hooliganism. With respect to the subjective nature of these criminal offenses, it should be noted that “bullying” is defined as the unlawful activity of school-age children. At the same time, persons over the age of 16 are responsible for the criminal offense in the form of a torture. Under Article 120 “Driving to Suicide, responsibility is born only by persons aged above 16. And only for hooliganism responsibility is born by persons aged above 14. That is, now we have a situation where, on the one hand, bullying is a problem for pupils, and on the other, criminal responsibility for committing actions that actually constitute bullying is born in most cases from the age of 16, when the pupils mostly leave school. We believe that the illustrated situation should be resolved at the legislative level as soon as possible. Examples of law enforcement practice indicate that judges increasingly recognize bullying as a criminal offense, prejudging the legislator. The research paper describes the judgements of the Ukrainian courts that oblige law enforcement agencies to enter information about the facts of bullying to the Unified Register of Pre-trial Investigations. In view of the above, it is proposed to enshrine corpus delicti of “bullying” in the Criminal Code of Ukraine. Such a proposal meets the requirements of the present time and will help protect the rights of victims of school bullying. The fact that corpus delicti of the criminal offense will be different from corpus delicti of the administrative offense enshrined in Article 173-4 of the Code of Ukraine on Administrative Offenses “Bullying (Harassment) of a Participant in the Educational Process”.

The purpose of this study was to analyze law enforcement efforts, obstacles and prevention of criminal acts of theft by POLRI against perpetrators of the crime of motorcycle theft with weights in the jurisdiction of Medan Police. This type of research is directed to normative juridical law research. The nature of the research is descriptive analysis of the law enforcement by the Indonesian National Police against the perpetrators of the crime of theft. The results showed that law enforcement efforts were carried out, after the personnel received a complaint report from the victim regarding the occurrence of theft with weighting proceed to the stage of investigation and investigation, against the perpetrators of theft with the weight of a motorcycle subject to Article 363 of the Criminal Code with a maximum penalty of 9 years imprisonment depending on the the method used by the perpetrator to commit theft by weight. Barrier factors include the identity of the perpetrator is not clear, the perpetrator does not have an ID card, the perpetrator does not admit his actions, there are no witnesses at the crime scene. The perpetrator lost evidence, the victim did not want to report it to the police, there were no supporting witnesses. Countermeasures include carrying out preventive measures by carrying out patrols in suspected places, conducting socialization and community approaches in order to create synergistic coordination and cooperation in creating security. Repressive efforts by increasing efforts to take action against perpetrators of theft by weighting motorbikes by providing strict sanctions and having a deterrent effect on perpetrators and providing guidance to the community to comply with the law.

Prevention occupies a leading place in the legal means of combating crimes in the field of drug trafficking, along with the detection, detection, investigation, appointment and serving of punishment for their commission, and so on. Exemptions from criminal liability have the task of providing legal protection of human and civil rights and freedoms, property, public order and public safety, environment, constitutional system of Ukraine from criminal encroachments, ensuring peace and security of mankind, as well as crime prevention (Part 1 of Art. 1 Criminal Code). Chapter XIII of the Special Part of the Criminal Code “Crimes in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors and other crimes against public health” contains five types of exemption from criminal liability. They, as well as general types of exemption from criminal liability, in their content have common features: 1) are carried out exclusively by the court on behalf of the state; 2) apply to the person who committed the crime; 3) consist in refusal of official condemnation, sentencing and recognition of a person as a convict. In drug cases, the most common are Articles 307 and 309 of the Criminal Code. According to Art. 307 for the last year 4 865 persons were condemned, and Art. 309 – 15 137. While in 2017 there were 2 758 and 13 682 such persons, respectively. It is concluded that the special exemption from criminal liability as a means of preventing crimes in the field of drug trafficking, psychotropic substances, their analogues or precursors is aimed at self-disclosure of persons who committed minor crimes in the field of drug trafficking, as well as revealing the source of their acquisition or otherwise obtained. In addition, the prevention of drug trafficking is carried out by facilitating the detection of crimes related to drug trafficking. Special exemption from criminal liability, in the case of a certain set of positive post-criminal behavior in the field of drug trafficking, is imperative for the court and final for the perpetrator, and the person who committed it is recognized as having no criminal record.

The article reveals the theoretical aspects of establishing the forms and types of guilt in criminal offenses against land resources of Ukraine, as well as the problems of the combined form of guilt. The work is devoted to finding an answer to the following main question – what forms of guilt are characteristic of criminal offenses against land resources of Ukraine. Taking into account the achievements of the science of criminal law and law enforcement practice, it is concluded that the forms and types of guilt depend on the construction of the objective side of the criminal offense. As the considered criminal offenses are characterized by material structure, guilt of the subject should be established both concerning socially dangerous act, and its socially dangerous consequences. In fact, the criminal offense under investigation is mainly characterized by a combined form of guilt – intent to commit a socially dangerous act (including in violation of special safety rules) and negligence of the consequences in the form of harm to life and health or the environment. This form of guilt in criminal offenses against land resources means a different combination of intellectual and volitional elements of different types and forms of guilt in one offense. It is stated that the problems associated with this form of guilt are not fully resolved today and require independent thorough research. The peculiarity of the combined form of guilt in qualified criminal offenses against land resources of Ukraine is that the attitude to qualified consequences is always careless, otherwise the responsibility must come under the articles of the Special Part of the Criminal Code, which contain rules on liability for encroachment on life, health, relations property, for the normal functioning of enterprises, institutions and organizations, including relations in the field of protection, rational use and reproduction of other objects of the natural environment, and the environment as a whole. It is stated that the main theoretical discussion revolves around terminology, i. e. the names of one phenomenon of the subjective side of a criminal offense – different mental attitudes to socially dangerous acts and their consequences in the form of intent and negligence.

Since the loss of approximately 98% of their territory, Islamic State of Iraq and Syria (ISIS) has become a shadow of its former self. Foreign recruits must now decide whether to leave the region and return home or stay and possibly continue the fight. Those that return constitute a threat to their home environments because of their maintained allegiances to ISIS, state of radicalization, post-traumatic stress disorder (PTSD), and improved lethality, and operational effectiveness in conducting acts of domestic terrorism. As a result, this article calls for the development and application of a prosecutorial-reintegrative model that is based off prior research on Foreign Terrorist Fighters (FTFs). The model should also be informed by up-to-date research in the field of deradicalization and disengagement and should consider the different classes of FTFs. Following an understanding of the qualitative differences of ISIS FTFs compared to past foreign fighters, the article concludes that directed counter violent extremist messaging and components of Saudi Arabia’s successful Prevention, Rehabilitation, and After Care (PRAC) program must be factored into any framework for rehabilitation and reintegration while Criminal Code and Anti-Terrorism Act provisions, complemented by evidence gathering strategies, are primarily used to hold FTFs accountable for serious offences.

Sexual crimes are becoming more frequent nowadays, one form of which is sexual harassment through verbal means through social media. Sexual harassment through verbal means that occurs is usually carried out directly, such as whistling, shouting at someone, gestures that appear seductive, and others. As the technology of sexual harassment evolves in the form of writing / typing, seduction, flirting on social media (chat, direct message, and comments), this is of course still as disturbing as direct harassment. The act of verbal sexual harassment through social media is an act against the law that violates Article 27 paragraph (1) of the ITE Law which does not specifically regulate in detail the types of sexual harassment acts. Crimes against decency areregulated in the Criminal Code but not specifically because the Criminal Code does not mention the term sexual harassment. The bill on the elimination of sexual violence that contains sexual harassment has not yet been passed, while the law that was enacted to prevent acts of verbal sexual harassment through social media is still limited.

Chhaupadi is a form of menstrual seclusion practiced in Nepal in which women and girls are isolated during their menstrual cycles and follow numerous restrictions. The tradition dates back centuries and can have serious physical and mental health consequences. While the practice was criminalized in 2017 with fines and jail time, this legislative action comes after more than a decade of legal history, from an initial ban in 2006, to declaring it a form of violence against women in 2009, and finally, its criminalization in 2017. Exploring levels of awareness regarding the 2017 chhaupadi criminalization, perceptions of the legal penalties, and whether or not criminalization will lead to behaviour change are imperative next steps for informing the development of evidence-based interventions targeting chhaupadi. In this qualitative investigation conducted in Kalikot district, six focus group discussions and 33 in-depth interviews were conducted with a total of 81 participants. School-going girls, girls who have dropped out of school before completing twelfth grade, mothers, fathers, teachers, health care providers, religious leaders, traditional healers, grandmothers and police participated in the study. The results indicate that criminalization is generally perceived as a positive step for initiating chhaupadi behaviour change, and one-third of participants expressed that they plan to change their behaviours after learning that chhaupadi is publishable with fines and/or jail time. However, accurate information about the criminal code is extremely low and therefore interventions ensuring communities and law enforcement are informed of the criminalization and associated penalties are urgently needed. In addition, even after its criminalization, chhaupadi behaviour change is anticipated to be gradual and is expected to require long-term interventions targeting social pressure associated with upholding the tradition and raising awareness via appropriate trainings, engaging the media, and beyond.

This paper examines the relationship between banditry, robbery committed by an organized, armed group of people and extortion, and the main normative sources of domestic legislation. In addition, official statistics provided to the Prosecutor General's Office of Ukraine were examined to assess the prevalence and risk of banditry. The author analyzes the features of the corpus delicti, their qualifications, and problematic issues in the application of this knowledge in the practice of law enforcement and judicial authorities. The articles cover certain aspects of robbery, such as burglary and violence or the threat of intrusion. Particular attention is paid to the main features of the gang, namely: the number of subjects of the crime; stability; armament; the general purpose of the group members; way of committing a crime. Parallels were drawn between banditry and robbery, especially in terms of armaments, distribution of tasks between accomplices, their relationship, subordination and provision of a plan for further criminal activity. In distinguishing between robbery and extortion, a characteristic difference was established in the time limits of violence or the threat of its use: in robbery, they are aimed at taking possession of property immediately at the time of their use; in extortion: actions that involve violence or the threat of its use, aimed at obtaining property, as well as the requirement to transfer property, combined with the threat to use violence against the victim or his close relatives in the future. Also the actions which are offered for qualification in actions of the person of signs of investigated structures of crimes are defined. The types of damage caused to victims are analyzed. Based on the study, the author concludes that banditry, robbery and extortion are different in their criminal law nature of crimes, which have their own unique features and differ significantly in the objects of encroachment, the objective parties, somewhat coinciding only object composition and subjective side.

Gambling cases, especially lottery gambling, are a type of gambling that is rife in society. Courts are the last bastion for attendance seekers. Justice is not merely a place to punish but to get justice. However, the fact is that there are disparities in court decisions on the same case, namely lottery gambling at the Simalungun District Court. As for the problem is: whyCriminal disparities occur in terms of law enforcement against lottery gambling perpetrators at the Simalungun District Court and what efforts that can be made so that there is no disparity in decisions in lottery gambling cases. The research used is juridical legal research, research on laws whose position is the norm, namely the provisions of gambling crimes as regulated in the Criminal Code. Where the imposition of crimes against the same article is inconsistent, there are even disparities.

In Serbia, disputes have been going on for years (which are also the subject of many congresses) about the regulation of the most severe types of punishment. The criminal policy of the country shows a tendency to toughen penalties. By attracting a lot of media attention and putting pressure on state institutions concerning certain tragic events caused by the murder and rape of minors, including children, some members of the public hysterically demand that the state respond with the strictest penalties, even if they no longer exist (the death penalty).In December 1, 2019 The Law on Amendments and Additions to the Criminal Code, which, among other things, prescribes life imprisonment, entered into force. It is assumed that the fact that there is a life sentence for particularly serious crimes, such as murder or crimes against sexual freedom in particularly serious forms, may make criminals think twice before committing them. In addition, proponents of the introduction of such a punishment argue that the fear of life imprisonment can act as a corrective and preventive measure, thereby reducing the proportion of these criminal offenses.The paper provides a critical analysis of this justification for the return of life imprisonment to the criminal law. The arguments against this include: 1) statistics confirm that life imprisonment for possible criminals who have committed particularly serious criminal offenses is not a factor of prevention; 2) general prevention is undermined; 3) the previously existing maximum prison term was not an obstacle, that is, it was not a factor of prevention; 3) innovations would not change the decisions of criminals, although they were in their sound mind at the time of committing criminal offenses, realizing the illegality of these actions; 4) it becomes impossible to carry out the correction and re-socialization of the sentenced person, who knows that he will remain closed outside the social and family environment for the rest of his life; 5) it is also necessary to keep in mind that it is the state that financially maintains such criminals.

The object of the study is social relations regarding the prejudicial inquiry of smuggling narcotic drugs, psychotropic substances, their analogs or precursors. It has been found that there are scholars who choose different definitions for interpreting the nature of the proof, but are unanimous about the role of this process in proving a person’s guilt and choosing an adequate punishment. The authors use a set of scientific methods of modern epistemology as well as comparative, special legal, logical and other methods. We propose to analyze all the circumstances that are subject to proof during the prejudicial inquiry of smuggling of narcotic drugs, psychotropic substances, their analogs, or precursors. In this paper must identify the general grounds that must be proved in each crime and the specific circumstances that are important to prove only in the case of smuggling narcotic drugs, psychotropic substances, their analogs, or precursors. The conclusion is made about the importance of proper procedural support of criminal prosecution of persons who have committed a crime under Article 305 of the Criminal Code of Ukraine. Therefore, we propose to include in the subject of evidence for the prejudicial inquiry. Об’єктом дослідження є суспільні відносини щодо досудового розслідування контрабанди наркотичних засобів, психотропних речовин, їх аналогів чи прекурсорів. З’ясовано, що є вчені обираючи різні дефініції щодо тлумачення сутності доказування,проте, одностайні щодо ролі цього процесу для доведення винуватості особи та обранні адекватної міри покарання. Відповідно до поставленої мети в статті використовується набір наукових методів сучасної гносеології, теорія пізнання правових явищ, а також порівняльні, спеціально-правові, логіко правові та інші методи.Авторами запропоновано проаналізувати всі обставини, які підлягають доказуванню під час досудового розслідування контрабанди наркотичних засобів, психотропних речовин, їх аналогів чи прекурсорів. Важливим є, те, що автор виділяють загальні підстави, які необхідно доказувати у кожному злочині та специфічні обставини, які важливо доказувати лише у випадку вчинення контрабанди наркотичних засобів, психотропних речовин, їх аналогів чи прекурсорів. Робиться висновок про значущість належного процесуального супроводу кримінального переслідування, осіб, які вчинили злочин, передбачений статтею 305 Кримінального кодексу України. Тому, авторами запропоновано до предмета доказування щодо розслідування контрабанди наркотичних засобів, психотропних речовин, їх аналогів чи прекурсорів включати й обставини, які визначені в диспозиції статті 305 Кримінального кодексу України та обставини, які не входять до предмета доказування, але мають важливе значення для судового розгляду справи по суті, наприклад, про особу обвинуваченого та обставини стосовно причин та умов вчинення злочину.

Currently, the phenomenon of children sexual abuse is a crime that is very distressing to society. It shows that children sexual abuse is an iceberg phenomenon that must be prevented so that children are no longer victims of sexual harassment by the responsible party. This research used normative legal as research methods. The data sources in the form of secondary data including primary, secondary and tertiary legal materials. Meanwhile, the data analysis used is in the form of qualitative analysis and deductive conclusion. From the results of this research, it was concluded that the protection efforts had been made through the regulation of laws and penal efforts both in the Criminal Code and the children protecting laws by providing criminal sanctions for sexual offenders. However, these efforts were not sufficient and they must be carried out through non-penal efforts by providing sex education from an early age and teaching religious values.

Ушбу мақолада ғараз мақсадда вояга етмаганлар томонидан тамом бўлмаган ва иштирокчиликда содир этилган жиноятлар учун жазо тайинлаш хусусиятлари, улар томонидан содир этиладиган жиноятларнинг турлари, ўзига хос хусусияти, суд томонидан вояга етмаганларга тайинланадиган жазолар, Жиноят кодексидаги моддаларнинг таҳлил баён этилган.

The grounds and conditions for the application of restrictive measures applied to persons, who have committed domestic violence, are provided in Art. 911 of the Criminal Code of Ukraine. It is established that in the science of criminal law there is a unanimous position that the basis for the application of restrictive measures under Art. 911 of the Criminal Code is the commission by a person of a crime related to domestic violence, and the conditions are: 1) sentencing a person not related to imprisonment; 2) release of a person from criminal liability on the grounds provided by the Criminal Code; 3) release of a person from punishment on the grounds provided by the Criminal Code. These conditions are alternative. The content of the concept of «crime related to domestic violence» is analyzed and it is established that it should be understood more broadly than the act provided for in Art. 1261 of the Criminal Code «Domestic Violence». It is proposed to add to Art. 911 of the Criminal Code a note explaining the meaning of the term «criminal offense related to domestic violence», where it is necessary to note that this concept is broader than the crime under Art. 1261 of the Criminal Code. The content of each of the conditions of application of restrictive measures is analyzed. It has been established that in the application of restrictive measures during the imposition of non-custodial sentences in practice there are problems with the interpretation of the relevant concept. It is proposed to clarify the meaning of the concept of «punishment not related to imprisonment» in Art. 911 of the Criminal Code. It is also established that the application of restrictive measures in releasing a person from criminal liability is a declarative norm and is subject to exclusion from the conditions of application of restrictive measures due to the incompatibility of the latter with the nature of exemption from criminal liability. The legislation clearly regulates the procedure for applying restrictive measures to persons released from serving a probation sentence. A number of problems that arise during the control over the behaviour of persons to whom restrictive measures have been applied by the probation authorities have also been identified. The solution to these problems is possible by harmonizing the provisions of the Criminal Code and the Law of Ukraine «On Probation», as well as other regulations governing the activities of probation bodies. It is proposed to refer the application of restrictive measures to supervisory probation, which will lead to a number of changes to the articles of the Law of Ukraine «On Probation» in terms of regulation of supervisory probation, to refer to probation subjects persons subject to restrictive measures, and to exclude the fact that it is assigned to a person released from serving a probation sentence, and in the regulations governing the development and implementation of probation programs to provide for their application to persons to whom restrictive measures have been applied. It is concluded that the probation body should be endowed with a coordinating function to implement all restrictive measures and it is necessary at the level of bylaws to establish a clear procedure for interaction of the probation body with the National Police, local state administrations and local governments to control the behaviour of individuals, which the appropriate restrictive measure is applied.

A crescente onda de criminalidade fomentou a discussão sobre a redução da maioridade penal, ganhando espaço no meio acadêmico e social. De acordo com o sistema adotado pelo Brasil, os maiores de 12 e menores de 18 anos somente podem responder pelos atos ilícitos praticados nos termos do Estatuto da Criança e do Adolescente, ficando impossibilitada a aplicação da lei penal. O constituinte pressupôs que tais indivíduos não podem ser plenamente responsabilizados por seus atos por não terem o completo desenvolvimento mental. Na mesma linha, o modelo prisional brasileiro tem demonstrado que a finalidade reeducativa é meramente utópica, devendo-se preferir, segundo alguns, as medidas socioeducativas do sistema menorista. Para a corrente favorável à alteração da maioridade, o estágio de desenvolvimento atual, em contraposição ao vivenciado em 1940 (quando da edição do Código Penal) deve ser levado em conta, por refletir diretamente no grau de compreensão dos adolescentes de hoje. No presente estudo, serão analisados os principais argumentos, favoráveis e contrários à mencionada alteração legislativa, bem como examinados alguns modelos estrangeiros, em especial o adotado no Canadá.

Construction of norm in determining competence to be responsible stated in Criminal Code (KUHP) needs to be reconceptualized because the construction does not make any qualification on the incompetence to be responsible (verminderde teorekeningsvatbaarheid) in criminal science law. . Criminal Code stipulates that a person is deemed incompetence to be responsible for the crime he/she commits for 2 (two) reasons. First is if the person is considered mentally incapable (gebrekkige ontwikkeling), and the second is if a person is considered incapable because of an illness (ziekelijke storing). This article aims to reconceptualize the competence to be responsible stated in National Criminal Code through qualitative literature study on some texts. The finding of the study is that first, the concept of norm competence to be responsible stated in Criminal Code is no longer relevant with current development of psychiatry and law which have been specialized and interdisciplinary. The second is that the categorization of a person’s mental condition considered light and severe mental retard and has given chance for the concept of incompetence to be responsible (verminderde teorekeningsvatbaarheid), which so far is only recognized in criminal study, to be normatively present in light mental retard category and to give a chance to negatief wettelijk evolution in the study of criminal procedure to move to positief wettelijk on the superego of judge’s decision based on visum et repertum psychiatry of a psychiatrist.

The article deals with the debatable issues of the general criminal law characteristic of the subject ofdrug-related crimes. The meaning and place of narcotic drugs, psychotropic substances and plant-baseddrugs referred to in articles 228 and 228.1 of the Criminal Code of the Russian Federation in the crime aredetermined on the basis of the provisions of the study on the subject of the crime. The reasonable conclusionis that these drugs, substances and plant-based drugs belong to the subject of the crime as a separate sign ofcorpus delicti. Views on the definition and signs of the subject of drug-related crimes are summarized. Thecontent of the signs of the subject of crimes under articles 228 and 228.1 of the Criminal Code of the RussianFederation is specified. The problem of the terminological designation of the subject of the crime is raisedin articles 228 and 228.1 of the Criminal Code of the Russian Federation.

The article discusses the issues of distinguishing two types of crimes: extortion (Article 163 of the Criminal Code of the Russian Federation) and coercion to complete a transaction or to refuse to complete it (Article 179 of the Criminal Code of the Russian Federation), the objective parties of which have a certain similarity, which gives rise to problems of qualification to take possession of the right to someone else’s property or commit other property actions. The practice of applying the norms in question is analyzed, the author points out the qualification errors in this kind of criminal cases, both at the stage of preliminary investigation and judicial examination. It is proposed to give an appropriate explanation of the Plenum of the Supreme Court of the Russian Federation.

This study investigates child sexual abuse cases that remain high in Manado as well as its law enforcement against the perpetrators, especially for underage perpetrators. By using a normative legal method, this research paper aims to examine legal materials, namely the Criminal Code and the Child Protection Law No. 35 of 2014 by collecting empirical data about law enforcement by the North Sulawesi Regional Police. The findings indicate that the law enforcement on underage perpetrators depends on the investigators in charge, in principle, under Law no. 35 of 2014, and they are detained in Child Care Centers of Tomohon. Also, this research specifically underlined that law enforcement against underage perpetrators has followed the procedures of the juvenile justice system, while the victims do need special attention of institutions outside the police. To ensure the rights to education in detention, this study suggests to make special rules regarding the obligation of teachers to provide private lessons.

Based on national legislation on domestic violence, the article examines the concept of domestic violence. A particular attention is paid to economic violence in the family. Any form of violence is associated with the distribution of power between partners and some certain imbalance between them. In a couple, the partner who is emotionally and/or physically stronger and more influential uses violence. Economic violence is associated with the deprivation or restriction of the right to use economic resources, in which one of the partners (more often a woman) feels a threat towards security and emotional comfort, as she is in complete economic dependence on the tyrant partner. Economic violence can manifest itself in the deprivation or restriction of the right to use property, money; imposition of property obligations; transfer of monetary obligations to the victim; the prohibition of employment, which deprives the victim of the possibility of self-realization in the future. These actions may entail mental suffering and a decrease in the mental stability of the victim of violence, which indicates psychological violence and so on. The commission of these actions is violence in the event that the partner whom they were applied to feels psychological suffering, which can lead to a health disorder, emotional dependence or a deterioration in his/her of life’s quality. The reasons for economic violence are the unwillingness of partners to discuss complex issues related to the management of economic resources before starting a relationship; unwillingness of one of the parties to take responsibility for their lives, completely falling under the dependence of the other partner, including in financial matters; violation of the personal boundaries of another partner, the desire to manipulate him/ her and, as a consequence, the dependence of one partner on the other and so on. The criteria for distinguishing between criminally punishable domestic violence and domestic violence as an administrative offense are signs of systematicity and social danger. It is proposed to reveal the content of the forms of domestic violence enshrined in Art. 126–1 of the Criminal Code of Ukraine, taking into account the content of the objective side of other articles of Section II, IV of the Special Part of the Criminal Code of Ukraine; enforce in the footnote to Art. 126–1 of the Criminal Code definition of the concept of “systematic”.

The article is a critical analysis of the newly introduced off ence of particularly au-dacious theft (Article 278a § 1 of the Criminal Code), which constitutes a return to the regulation contained in the penal code of 1969 in force in the Polish People’s Republic. Executive features are defi ned in the glossary of statutory expressions in Article 115 § 9a of the Penal Code, which, however, does not change the fact that these signs were formulated in a judgemental and blurred way. Notwithstanding this, such a signifi cant diff erentiation of criminal liability by returning to the solutions of the 1969 Code is un-justifi ed.

The article is devoted to covering some aspects of criminal qualification of corruption crimes. Domestic doctrinal approaches, processes and forms of manifestation of criminal-law qualification of corruption crimes have been investigated, the rules of demarcation of specific structures of corruption crimes and rules of criminal-law qualification of corruption crimes have been proposed. The necessity of criminal-law qualification of corruption crimes on the basis of synergetic effect had been substantiated. The legal analysis and investigation of the doctrinal key aspects of the criminal qualification of corruption crimes are conditioned by the following substantiated judgments and conclusions: the domestic doctrine of law is considered the qualification of corruption crimes as a type of criminal law qualification and determines the latter as a process and result of establishing the conformity of factual signs of a specific violation to all signs of a corruption crime, it is provided for by the relevant article of the Criminal Code of Ukraine; it is established that competition of criminal norms of corruption crimes, which are conditioned by acceptance of the offer, promise or receipt of undue benefit, have different modifications. Distinguishing the specific types of corruption offenses, it is proposed to establish the rules of criminal qualification, last but not least in the choice of which should belong to what the nature of the correlation between the corruption structures with common features; we have augmented that the qualification of corruption crimes should be systematically considered and not limited to the criminal offenses set out in the note Art. 45 of the Criminal Code of Ukraine. The presence in the actions of the person signs of the crime (crimes) listed in the note to Art. 45 of the Criminal Code of Ukraine does not automatically certify that the crime is corrupt, since they are subject to the establishment of a priori signs of corruption based on the provisions of Article 1 and Art. 3 of the Law of Ukraine “On Prevention of Corruption” of October 14, 2014 and which cause damage to the interests of the state, society and individuals; it is proposed to qualify corruption crimes and to interpret corruption offenses on the basis of synergistic effect, in particular, on the basis of the provisions of the Law of Ukraine «On Corruption Prevention» in conjunction with the crime compositions provided for in Articles 191, 262, 308, 312, 313, 320, 357, 410, 410, 354, 364, 364-1, 365-2, 366-1, 368, 368-3-369, 369-2, 369-3 of the Criminal Code of Ukraine; it is provided wrong and unacceptable crime of corruption disparate interpretations depending on the scope of law, and especially its broad interpretation only for the purposes of the Criminal Code of Ukraine.

The article conducts a theoretical-applied study of the consequences of the crime in the context of their division by different criteries. Thus, on the basis of studying the theoretical provisions of the sciences of the criminal cycle, as well as the study of materials of practice developed a classification of the consequences of the crime. Depending on the importance they carry for the investigation: basic and additional. The main consequence is a crime that is directly defined by Criminal Code of Ukraine. Additional consequences are those changes in the material environment and ideal reflections that perform an indicative function to determine the main consequence of the crime. Depending on the intent of the offender to the time of the crime are divided into: primary (planned) and secondary (unplanned). Primary (planned) It is also necessary to distinguish, depending on the source of origin, to those that: arose through the activities of the subject of crime (murder, etc.); caused by the influence of wildlife sources (for example, a corpse left in the forest can be moved by wild animals); caused by the influence of inanimate sources (movement of a body or object may occur depending on the crime scene, for example, on a river, at sea, etc.). Depending on the ability of a person to perceive the consequences of a crime, they are divided into: visible and invisible. Thus, the visible consequences are the consequences of general crime (murder, theft, rape, etc.). The invisible consequences of crimes are more closely characteristic of crimes that are described in criminal law theory as formal crimes. That is, the material outcome of the crime is not mandatory. In this context, economic and cybercrime will be the most visible.

The article researches the term “criminal influence” which was introduced to the Criminal Code of Ukraine (hereinafter – the CC of Ukraine) by the Law of Ukraine “On amendments to the Criminal Code of Ukraine regarding liability for crimes committed by criminal community”, and its correlation with the institute of complicity in a crime, in particular with objective elements of accomplices in a crime, as well as with illegal influence. The author concludes that there may be one narrow and two broad types of understanding of this term. Moreover, criminal influence may be considered not only from the criminal legal but also from the criminological point of view. Criminal influence is a part of the broader term of illegal influence. However, in contrast to other types of illegal influence, criminal influence, due to its social danger, is limited by the state specifically by the means of criminal law.The term of criminal influence introduced to the Ukrainian criminal legislation has serious gaps, so that it is extremely poor and practically inapplicable. Moreover, not only this term defined in the note to Art. 255 of the CC of Ukraine, but also corpus delicti provided for in Art. 255-1 of the CC of Ukraine (intentional establishment or dissemination of the criminal influence in society) should be substantially revised. The usage of general formulations and abstract concepts in the disposition of Art. 255-1 of the CC of Ukraine, as well as non-exhaustive lists of objective and subjective elements in the definition of the term of criminal influence violates the principle of legal certainty as a part of a broader rule of law principle. Bringing individuals to the criminal liability for committing crimes related to the criminal influence (intentional establishment or dissemination of the criminal influence in society and request for its application) or conviction of individuals for these crimes with a high probability will cause substantial violations of fundamental principles of criminal law and human rights. Manuscript received 23.12.2020

Despite the measures taken by the state, corruption remains one of the most serious threats to Russia’s national security. In recent years, the legislator has paid increased attention to toughening criminal liability for corruption crimes, the list of which is enshrined at the subordinate (interdepartmental) level. Taking into account the social danger of this problem, we carried out a detailed analysis of the state and dynamics of corruption crime in the country, as well as the geography of its prevalence. In the course of the analysis of law enforcement practice, a number of “dead” articles of the Criminal Code were identified that reduce the effectiveness of anti-corruption activities of law enforcement agencies and neutralize its main principle — the inevitability of liability for crimes.

Embezzlement in the Criminal Code is classified as a crime. The embezzlement is contained in Article 372 of the Criminal Code. The focus of this research is law enforcement in dealing with criminal acts of embezzlement and the inhibiting factors of law enforcement in handling embezzlement. Based on the results of research and discussion, it shows that law enforcement in handling embezzlement is carried out using non-penal and penal methods. The non-penal approach is carried out by providing counseling and socialization in the context of fostering social responsibility for citizens of the crime of embezzlement. Legal counseling is particularly carried out in areas prone to criminal acts. The criminal approach is carried out through legal measures so that the perpetrators of the criminal act of embezzlement are processed legally in order to obtain criminal sanctions and guarantee legal certainty. Inhibiting factors for law enforcement in handling criminal acts of embezzlement include: criminal sanctions in Article 372 of the Criminal Code have not provided a deterrent effect, limitations on law enforcement agencies, limited state special budget for law enforcement, lack of public awareness of the importance of understanding crime, society becomes a criminal act. Keywords : Law Enforcement, Crime, Embezzlement.

This study aims to analyze the implementation of e-commerce criminal law enforcement in the NTB police institution related to how the law enforcement of e-commerce crime in the NTB Regional Police agency and how the legal protection of e-commerce consumers in the NTB Regional Police agency. Through empirical legal research related to law enforcement of e-commerce crimes in the NTB Regional Police. Based on the statutory approach, conceptual approach, and sociological approach to law. The legal basis for law enforcement of the NTB police e-commerce crime is the Criminal Code and Law Number 19 of 2016 concerning Electronic Information and Transactions. Enforcement of criminal law against e-commerce in article 378 of the Criminal Code, the penalty is too light, so the police apparatus uses article 28 paragraph (1) and article 45A paragraph (1) of Law number 19 of 2016 concerning Electronic Information and Transactions. In e-commerce crime, the police have difficulties such as difficulty finding evidence, finding anonymous accounts and electronic identities. In addition, the NTB Police agency does not have the authority to intercept and block accounts used by e-commerce criminals. The NTB Regional Police's legal protection measures for consumers include conducting checks at internet cafes, collecting evidence related to crimes, tracking related crimes, confiscating electronic evidence, disclosing (blocking bank accounts) or detaining based on preliminary evidence or so-called evidence enough.

This article analyzes Circumstances of mitigation and aggravation of the legalization of revenue received from criminal activities. Just punishment is the foundation of crime prevention (1). The Article 42 of the Criminal Code establishes that punishment is a measure of coercion applied on behalf of the state by a court verdict to a person found guilty of committing a crime, and consists in the deprivation or restriction of certain rights and freedoms of the convicted person as prescribed by law.