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Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions. Abortion is the fifth highest cause of maternal mortality. Legal abortions are called abortus provocatus medicinalis and those that are illegal are called abortus provocatus criminalis. Indonesian law prohibits abortion except indications of medical emergencies and the consequences of rape. This study aims to determine the legal consequences of someone who failed an abortion and the legal protection of the doctor who treated her.This legal research uses a juridical normative with a conceptual and legislative approach.The results of the perpetrators and those who helped the abortion that caused medical emergencies to be threatened with Criminal Code Article 53. They cannot be convicted if in accordance with professional standards and standard operating procedures.The conclusion and suggestion are the doctor cannot be convicted as a criminal offender or as an assistant to an abortion crime if it can be proven that an abortion is carried out in emergency condition to save mother or fetus and prevent disability. The government needs to make laws that regulate who will carry out safe, qualitative and responsible abortions.

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.

Criminal fraud is a form of crime against human wealth, such as criminal fraud in the sale and purchase of shrimp farming conducted by Wagiono and it had been decided by the Judicial Panel of District Court of Menggala Number 449/Pid.B/2019/PN.Mgl. The result of the study reveals that criminal liability against perpetrators of criminal fraud in the sale and purchase of shrimp farming based on The Decision No. 449/ Pid.B/2019 / PN.Mgl was found guilty or violates the provisions of Article 378 of the Criminal Code and sentenced to imprisonment for 1 (one) year while the judge's consideration in deciding the perpetrators was based on Decision Number 449/Pid.B/2019/PN.Mgl and the evidence, witness testimony, expert testimony, indictments and demands of the Public Prosecutor, the elements fulfilled in the Prosecutor's Indictment, as well as aggravating and mitigating factors for the accused.

The article examines some modern trends in the development of domestic legislation, as well as general theoretical legal thinking. One of them is a noticeable spread in the legislative acts of Ukraine of those terms that have an outlet to the problem of legal understanding, for example, they talk about such words as: «right», «justice», «unjust sentence», «unright agreement», «unright use», «unright actions», «unright gain». Such terminology can be directly used in legal regulatory practice, and taking into account the pluralism of legal thinking, known from ancient times to this day, inevitably there is a need for an official explanation, interpretation of one or another of the given terminological concepts. In all the above cases, the following question will inevitably arise: the terms above are synonyms for the adjectives lawful, illegal, and are similar to them? Or, on the contrary, in the examples given above, they are talking about some other – meaningful and different – from legal / illegal – phenomenon? If we are inclined to the first answer, the question arises: for what purpose different terms were used to name the same phenomenon? If we support the second of the possible answers, then it directly leads to the problem of legal thinking. One of the aspects of the general problem of legal thinking is the substantive allocation of the so-called phenomenon of the antipode of the phenomenon of right, – the phenomenon of unright. The urgency of solving this practically significant task is illustrated, in particular, by the fact that, for example, in the current Criminal Code of Ukraine, adjectives unright gain are used almost sixty times! What complex of problems in legal regulation, this situation generates, can be seen by analyzing, for example, the reaction of the Constitutional Court of Ukraine regarding the inconsistency of the Constitution of Ukraine with the provisions of Art. 375 of the Criminal Code of Ukraine. Arguing this decision, the Constitutional Court of Ukraine referred to the fact that, in particular: a) formulation of this article allows possibility of abuse by the bodies of pre-trial investigation, in connection with legal clarity, unambiguity in content of the norm is lost when they are applied; b) the situation under discussion creates the possibility of an official assessment of the court decision by non-judicial bodies, which contradicts the principle of the distribution of power. It seems remarkable that in response to the aforementioned decision of the Constitutional Court of Ukraine, almost half of those judges who took part in the consideration of this case expressed separate opinions in which they thoroughly criticized the arguments of the Court. Without resorting to a specific analysis of each of these thoughts, we state the pluralistic interpretation of the first part of the complex word «unjust» by different judges of the Constitutional Court of Ukraine. We explain it by the socially-natural heterogeneity, the interpretation of any evaluative legal concepts by various subjects of society in the process of legal regulation.

Criminal Law to deal with Corona Virus Disease 2019 (Covid-19) is under the spotlight during the handling of the pandemic. Criminal Law is intended to be used when the patient's moral responsibility to declare that he has been abroad having not been fulfilled, and the government's health protocols are ignored. Meanwhile, various laws for Covid-19 pandemic treatment does not provide strict norms; on the contrary, it is sometimes using blanket offence formulation. This study explores the limits of Administrative Criminal Law in the health sector and pandemic management to impose penalties for health protocols violation. Using the normative systematic interpretation method, the study results show no difference formulation of criminal law norms in special laws, which are administrative with criminal law norms in special laws. However, the difference exists within the theoretical realm. Administrative criminal law is not aimed at free individuals and is not socially and psychologically illegal. Still, it is aimed at humans as players of particular roles required to conform with other forms of action according to their role. Unfortunately, administrative criminal law exists outside the Criminal Code, primarily aimed at freeing individuals and socially and psychologically illegal. Law enforcement practices cannot provide a gradation for these two groups of laws—conditions where the fundamental rights of citizens are threatened by the power to impose penalties. This study proposes broadening justification and excuse in the Indonesian Criminal Code, which is appropriate for the character of administrative criminal law.Keywords: Blanket Offence Formulation; Excuse; Justification AbstrakHukum Pidana untuk Penanganan Corona Virus Disease 2019 (Covid-19) menjadi sorotan selama penanganan pandemi. Hukum Pidana dimaksudkan untuk digunakan ketika tanggung jawab moral pasien untuk menyatakan bahwa ia telah di luar negeri belum terpenuhi, dan protokol kesehatan pemerintah diabaikan. Sementara itu, berbagai undang-undang penanganan pandemi Covid-19 tidak memberikan norma yang tegas; sebaliknya, kadang-kadang menggunakan rumusan blanket offence. Kajian ini menelusuri batasan Hukum Pidana Administrasi di bidang kesehatan dan manajemen pandemi untuk menjatuhkan sanksi bagi pelanggaran protokol kesehatan. Dengan menggunakan metode interpretasi sistematis normatif, hasil penelitian menunjukkan tidak ada perbedaan rumusan norma hukum pidana dalam undang-undang khusus yang bersifat administratif dengan norma hukum pidana dalam undang-undang khusus. Namun, perbedaannya ada dalam ranah teoretis. Hukum pidana administrasi tidak ditujukan untuk individu yang bebas dan tidak ilegal secara sosial dan psikologis. Namun, itu ditujukan pada manusia sebagai pemain peran tertentu yang diperlukan untuk menyesuaikan diri dengan bentuk tindakan lain sesuai dengan perannya. Sayangnya, hukum pidana administrasi ada di luar KUHP, terutama ditujukan untuk membebaskan individu dan ilegal secara sosial dan psikologis. Praktik penegakan hukum tidak dapat memberikan gradasi bagi kedua kelompok hukum ini—kondisi di mana hak-hak dasar warga negara terancam oleh kekuasaan untuk menjatuhkan hukuman. Penelitian ini mengusulkan perluasan justifikasi dan dalih dalam KUHP Indonesia, yang sesuai dengan karakter hukum pidana administrasi.Kata Kunci: Formulasi Blanket Offense; Mengizinkan; Pembenaran

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.

Since its creation, the International Criminal Court has faced the refusal of the United States to cooperate, which, in addition to staying outside the Rome Statute, has undertaken a real strategy of weakening the Criminal Code. The argument put forward by the US Government against the Rome Statute is that an international treaty cannot create obligations for a non-party state and therefore the United States denies any jurisdiction of that jurisdiction over its nationals. As early as 2000, that country had unsuccessfully introduced a proposal before the Preparatory Commission to prevent bringing American military personnel to the Court. The American Service Members Protection Act (ASPA), bilateral immunity agreements and Security Council resolutions constitute the arsenal used by States at that time to neutralize the ICC. Recently, the United States signed an order authorizing the United States to prevent and penalize employees of the International Criminal Court from entering the country. The US administration, which has been critical of the ICC for months, is opposed to launching investigation into war crimes in Afghanistan. Is not that a sign of difficulty with the US Legal Justifications? In other words, does this weakness open up the possibility of prosecution in the event of a violation of international law by US?

The author analyzes the development of legislation aimed to combat raiding, in particular, that establishes crimi-nal liability for crimes covered by the concept of “raiding”, namely: Art. 205-1, 206, 206-2 of the Criminal Code of Ukraine. Investigated normative use of the term “raiding” in the legislation of Ukraine. Analyzed signs of crimes, which consist in illegal seizure of business entities. The history of the phenomenon of raiding in Ukraine is stud-ied and the stages of its spread are singled out. The comparison of the Criminal Code of Ukraine of 1960 and the Criminal Code of Ukraine of 2001 in the context of “anti-raider” articles is made. Each legislative change of Art. 205-1, 206, 206-2 of the Criminal Code of Ukraine. Additionally, the innovations of the laws aimed at counteracting raiding were analyzed, namely such laws as: “On Amendments to the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” to prevent amendments to the Unified State Register of Legal Entities and Individual Entrepreneurs according to forged documents” № 815-VIII of 24.11.2015, “On Amendments to the Law of Ukraine “On State Registration of Legal Entities and Individual Entrepreneurs” and some other legislative acts of Ukraine on decentralization of powers for state registration of legal entities, individuals - entrepreneurs and public formations” № 835-VIII from 26.11.2015, “On limited and additional liability companies” from 06.02.2018 № 2275-VIII, “On amendments to some legislative acts of Ukraine to combat raiding” from 05.12.2019 № 340-IX.

The article under studies relies on the understanding that the future of any state, society and mankind on the whole largely depends on the moral virtues of each individual. However, today's moral, spiritual and cultural basics are seriously challenged, annihilated and neglected. Resting on a comparative-legal analysis of the current criminal legislation of Ukraine and the Republic of Moldova, the article deals with the peculiarities of the criminal and legal protection of morality, identifies in the above legislations certain common and distinctive features in the context of existence and construction of legal norms, investigates their structural elements and, eventually, determines types of punishment. It has been substantiated that Ukrainian criminal legislation is rather progressive in terms of the criminal and legal protection of morality. It might be explained by the fact that respective criminal and legal prohibitions not only have been reflected in a special section of the Criminal Code of Ukraine, but are also described there in detail. In addition, these prohibitions are marked with partial, but at the same time significant and expedient changes and supplements that completely comply with the present-day challenges (for instance, in terms of liability for cruel treatment of animals, vandalizing a grave or other burial place or the body of the deceased, etc.). Particular emphasis has been laid on the fact that due to the recent changes in the Criminal Code, which came into force in March, 2021, especially striking are the elements of such crimes as access to child pornography, its acquisition, storage, import, transportation or other movement, production, sale and dissemination (Art. 301-1), and carrying out of entertaining action of sexual character with participation of the minor (Art. 301-2). On the other hand, the criminal legislation of Moldova does not contain a separate structural part, which would systematize all socially hazardous actions regarding morality. Instead, certain articles on the protection of social morality are enshrined in different chapters of a Special Part of the Criminal Code of the Republic of Moldova. It is also important that the article under discussion draws a conclusion that the protection of social morality in the criminal legislation of Moldova comprises both traditional for most states norms (for example, liability for pimping, illegal acts on pornographic objects, vandalizing a grave, etc.) and not quite common ones (liability for incest, obtaining child prostitution services; cruel treatment of animals by a person responsible for the care, protection and welfare of animals, for training or veterinary care; vandalism; debauched actions in the form of exhibitionism, compelling to participate in making pornographic performances, etc.).

The article examines the ideological foundations of modern criminal legislation, in the aspect of crime and criminal punishability of socially dangerous acts. The author examines the influence of conservative and liberal approaches on the formation of the criminal law, its consistency, as well as the content of individual institutions and provisions. The degree and quality of such an impact of the liberal approach on the essential properties and substantive aspects of criminal legislation is thoroughly studied. In this regard, the author gives illustrative examples of negative manifestations of liberal views, argues argumentatively about the need to reflect the conservative value approach in the current criminal law. Similarly, the question of the manifestations of the liberal idea in the aspect of the formation of the penalization component of the Criminal Code is considered. It is argued that the rejection of the punitive concept of punishment led to the desystematization of the list of criminal penalties.

The article is devoted to problematic issues that arise in the practical activities of law enforcement agencies in terms of determining the cost of calculating a large amount of alcohol turnover, which significantly affects the qualification of a criminal act under Art. 171.3 of the Criminal Code of the Russian Federation. The emphasis is placed on the absence in law enforcement forensic practice of a single mechanism for determining the cost of a large size and the need to develop a single calculation algorithm for determining a large size taking into account criminal and criminal procedure legislation indicating the intent of a person to sell alcohol products in order to generate income. It was proposed to add to the current criminal legislation, which defines a common understanding of large-scale calculation.

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 participation of the accused at the stage of preliminary investigation presupposes the possibility of exercising his right to defense. However, in cases of being in a territory significantly remote from the location of the preliminary investigation body, including outside Russia, the impossibility of personal participation in investigative and other procedural actions, one of the ways of interaction between the accused and law enforcement agencies may be remote participation through electronic interaction systems, and video conferencing. Draft laws on the amendment into the RF Criminal Procedure Code on conducting investigative actions through video-conference communication were pending at the State Duma of the Federal Assembly of the Russian Federation in 2015 and 2018, but were not finalized and adopted. The provisions of the Second Additional Protocol to the European Convention on Mutual Legal Assistance in Criminal Matters, providing for the simplification and acceleration of the procedure for providing mutual legal assistance in terms of the possibility of interrogating the accused (suspect) via videoconference, Russia, upon ratification of the protocol in 2019, did not allow to apply. In criminal cases of an economic nature, which reverberate in society and raise many questions about the activities of law enforcement agencies, large entrepreneurs often leave Russia, unable to remotely take part in investigative actions, present evidence in their defense, and get acquainted with procedural decisions in a criminal case. This leads to an increase in the number of suspended criminal cases, according to art. 208, part 1, clauses 1-3 of the Criminal Procedure Code of the Russian Federation. In 2019, the total number of economic criminal cases increased by 37% compared to 2018, while the number of suspended criminal cases under Art. 159 of the Criminal Code of the Russian Federation increased by 15.83%, under Art. 159.1-159.6 of the Criminal Code of the Russian Federation — by 86.93%. The relevance of the topic is also due to the coronavirus pandemic, which limited the freedom of movement of Russian citizens both within the country and abroad. In this regard, the use of video-conferencing in the investigation of criminal cases is becoming a vital necessity, the imperative of the times.

Hukum adalah media dalam merubah masyarakat dan bisa juga disebut rekayasa sosial. Indonesia sebagai Negara Hukum dengan Hukum Positif, yaitu Kitab Undang-undang Hukum Pidana (KUHP) masih memberlakukan sanksi pidana berupa Pidana mati. Hakikatnya pidana mati adalah hukuman dengan menghilangkan nyawa terpidana. Namun penerapan pidana mati menimbulkan causa celebre (pemicu) munculnya kembali polemik terhadap pro dan kontra pada putusan pidana mati. Khususnya dilakukan kepada narapidana yang telah lanjut usia. Sebab ada ketentuan yang diatur dalam Undang-Undang Nomor 13 Tahun 1998 tentang Kesejahteraan Lanjut Usia yang membahas mengenai hak-hak dari terpidana yang telah lanjut usia. Lalu pada sudut pandang hak asasi manusia, hukuman mati tidak bertentangan dengan sumber hukum-hukum nasional maupun internasional, misal Undang-undang Dasar 1945, Undang-undang Nomor 39 Tahun 1999 tentang Hak Asasi Manusia, Universal Declaration on Human Rights 1948, maupun International Covenant on Civil and Politica Rights 1966. Metode yang digunakan dalam penulisan ini adalah yuridis normatif dan deskriptif analitis

The author examines the problem of the special knowledge functioning in criminal proceedings. By synchronizing the institutions of the criminal procedure that regulate the legal relationship between the knowledgeable persons and the institution of criminal law regulating the responsibility of these participants in the commission of a crime against justice, the author demonstartes asymmetry between the rights and duties of a specialist. The subject of the study is constituted by the contradictions between the institutions of procedural and substantive law, namely, the discrepancy between the procedural complex (rights, duties, functions) of a specialist to the course of his criminal responsibility. For this purpose, a comparison is made between the rights and obligations of knowledgeable persons, based on the criteria of: a) the scope of procedural functions; b) the specificity of procedural rights and obligations; c) actual forms of special knowledge acceptable as evidence. On the basis of the revealed contradictions, the situation of competitiveness of special knowledge is investigated; the legal significance of the forms of special knowledge is determined. The author proposes a systematic solution, namely: 1) to clarify the procedural status of a specialist: to add the definition of “forensic specialist” to Art. 58, 61, 71, 74, 80, part 4 of Art. 164, art. 168, 251, 270, 271 of the Code of Criminal Procedure of the Russian Federation; 2) to clarify the epistemological aspects of the research functions of a specialist in accordance with Part 3.1 of Art. 74, art. 80; Part 1.2 of Art. 144 of the Code of Criminal Procedure of the Russian Federation; 3) to establish a mechanism for the responsibility of a specialist for giving a deliberately false opinion: to add to Art. 58 of the Criminal Procedure Code of the Russian Federation, part 5 by analogy with part 5 of Art. 57 of the Code of Criminal Procedure of the Russian Federation; to supplement the text of Part 1 of Art. 144 of the Code of Criminal Procedure of the Russian Federation; to correct the content of Art. 307 of the Criminal Code of the Russian Federation. Or release the specialist from criminal liability for the opinion expressed by him (even if it is deliberately false). The author proves that the proposed measures will promote adversarial evidence, increase the specialist’s subjective responsibility for the conclusion given by him, which corresponds to the institution of proving.The main research methods are: general scientific methods, review and analysis of legislative sources, contextual method, semantic analysis and formal logical analysis.

This article discusses the issues of qualification of a crime under Article 200.4 of the Criminal Code ofthe Russian Federation. The author analyzes the provisions of the legislation on state and municipal cigarettesmoking, the norms of the Code of Administrative Offenses of the Russian Federation, as well as the criminallaw to identify common signs for abuse in the field of state and municipal procurement and comes to theconclusion about significant contradictions in the protection of the relations under consideration, providedby various branches of law. Considering that the disposition of art. 200.4 of the Criminal Code of the RussianFederation is a blank, then the lack of terminological unity between various normative acts regulating thesphere of procurement is a separate problem that has a negative impact on the developing judicial andinvestigative practice. According to the results of the study, conclusions are drawn about the excessivedifferentiation of responsibility for similar violations, leading to the impossibility of applying criminal lawprohibitions in practice.

The fixing of sentence is one of the most important issues in both criminal law theory and practice. In a certain sense, all provisions of the criminal legislation are embodied precisely in the fixing of sentence. The fixing of sentence depends on the manner in which the legal sentencing scopes have been set normatively. This paper is dedicated to the analysis of the sentencing ranges in the Criminal Code of Montenegro. It first discusses the three systems of imposition of a sentence of imprisonment, and then the different models of sentencing scopes (closed, open and semi-open). This is followed by a presentation of the prevalence of said models in the criminal legislation of Montenegro in terms of the normative determination of individual sanctions in a separate part of the Criminal Code and its practical application. There is also an examination of the relationship between the legislative sentencing policy and the judicial sentencing policy.

In Indonesian, the main source of criminal law is in the Criminal Code and other Criminal laws and regulation. However, it is possible that customary law is considered as the source of law with certain limitations. This study aims to determine and analyze application of criminal sanctions to indigenous people and relevance of the legality of criminal law to customary law sanctions. The methodology used is juridical normative research method using a statutory and conceptual approach. With this research, the finding or conclusions are obtained that application of sanctions to customary law communities is recognized by several communities, and they believe that the customary court is a legal system that is still used by some indigenous peoples, and stipulation of customary criminal law sanctions is often not in accordance with the principle of legality which based on the principle and norms of criminal law as stipulated in the revisions of Article 1 Paragraph (1) of the Criminal Code. Therefore, in conclusion, the application of legality principle in imposition of criminal sanction to customary society still benchmark the customary law within the society itself.

Introduction. In the past few years, there has been a steady increase in citizens’ appeals to law enforcement agencies regarding inadequate and unsatisfactory medical care, which has led to an increase in the number of criminal cases brought against anesthesiologists-resuscitators. Objectives. Conduct an analysis of criminal cases against anesthesiologists-resuscitators initiated under Articles 109, 118, 238, 290 and 293 of the Criminal Code of the Russian Federation over the past 5 years. Materials and methods. In observational study performed analysis of court decisions on various articles of the Criminal Code of the Russian Federation against anesthesiologists-resuscitators for the period from January 2016 to December 2020, available in open databases. Results. The most significant and frequently committed defects in the provision of medical care related to the manipulations carried out, the main types of punishments under the presented articles are determined. The most illustrative examples from court decisions on criminal cases against anesthesiologists-resuscitators are given. Conclusions. Certain proposals were made on the procedure for conducting a forensic medical examination and conducting court records in relation to medical workers.

The article discusses the problems of improving criminal liability for illegal activities in the organization or conduct of gambling, lotteries. The doctrinal positions on this issue, as well as the corresponding foreign experience, are analyzed. It is concluded that: 1) The Criminal Code of Ukraine should be supplemented by a general rule that will provide for criminal liability for all the most socially dangerous manifestations of violations of the established procedure for engaging in economic activities. Theoretically, such a projected prohibition could cover, among other things, unlicensed or other illegal activities related to the organization and conduct of gambling or lotteries, which, accordingly, would eliminate the need for the existence of a corresponding special rule; 2) however, the question of the inexpediency of the existence of a special criminal law norm dedicated to gambling and lotteries can be put on the agenda only when, based on the results of the corresponding painstaking expert developments, the following is formed: – firstly, a well-grounded and, which is no less important, a more or less stable circle of sublicensed types of economic activity, violation of the order of occupation of which should result in criminal liability; – secondly, an improved version of the corresponding general rule, the instructions of which should be correlated with the provisions of the regulatory legislation and within which there will be no room for those controversial aspects that were characteristic of the previously existing Articles 202 and 203 of the Criminal Code of Ukraine; 3) therefore, today the optimal way of criminal-legal counteraction to illegal activities in the organization or conduct of gambling or lotteries is the presence of an appropriate special norm (Article 203–2 of the Criminal Code of Ukraine).

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.

The article deals with the determining of the legal nature and definition of the concept of abuse of special status opportunities in the criminal law of Ukraine. Regarding given problem author notes following issues as deliberative: the legal nature of abuse of special status opportunities in criminal law; the scope - what can be misused; the matter of the relevant prohibition under criminal law and the adequacy of its legal enshrinement; the correlation between abuse and excess as forms of illegal behavior of a special subject; proposals for improving the law regulation of criminal liability for abuse of special status opportunities.Author makes an attempt to formulate rationale for general abstract prohibition of abuse of special status opportunities as a type of breach of trust in a broad sense. Currently there are three adjacent corpus delicti which are provided for in Articles 364, 364-1 and 365-2 of the Criminal Code of Ukraine. Own considerations on the discussed issues are also given. Prohibition of the abuse of special status opportunities, which now exists in the criminal law of Ukraine, should be seen as a general norm of criminal offense and it can be defined as “the use by an official or a person, who provides public services (special subject), of special status opportunities contrary to the interests of the state, a legal entity, or the provision of public services in order to gain an undue advantage either for themself or for any other person, where such action caused significant damage to a person, legal entity, interests of the state or public interests”.Author rejects the proposal to exclude general norm(s) of prohibition of abuse of special status opportunities from the Criminal Code of Ukraine. There were given some arguments concerning necessity of the preserving of the abstract norm.

The present paper focuses on money laundering in Portuguese and European criminal law. In regard to the recycling of property derived from predicate offences committed abroad not constituting illegal activity in the light of the lex loci, the Portuguese Criminal Code seems to present a solution wich is incompatible with the impositions of the Directive (EU) 2018/1673. This study will discuss the discrepancies between the two systems of law in the matter, giving particular attention to the recent transpostion of the aformentioned directive by the Portuguese Parliament, and will conclude that Portugal is not in violation of the European Union law.

The result of Ukraine’s desire for European standards of living was the adoption in 2012 of the Criminal Pro-cedure Code of Ukraine, which introduced new criminal procedural institutions aimed at ensuring the rights and legitimate interests of participants in court proceedings. One such institution has been recording fixation hardware of court proceedings, which is currently carried out in the form of a full video recording of court proceedings. The article is devoted to elucidating the genesis and current state of criminal proceedings for the recording of court pro-ceedings. The article analyzes the development of the institution of recording court proceedings at different histor-ical stages of the formation of Ukrainian statehood. It is established that at different stages of the criminal process, the subjects who carried out such recording, the forms (procedures) of its implementation, and most importantly: the role of recording the proceedings, due to its purpose. It is stated that despite the legislative enshrinement of the rules on recording court proceedings in the Criminal Procedure Code of Ukraine of 1961, the recording of court proceedings as an institution to guarantee a public, democratic, fair court, it became possible to speak only with the adoption in 2012 of a new Criminal Code of the Procedural Code of Ukraine, which for the first time in history defined the recording of court proceedings as one of the general principles of criminal proceedings. And, despite the fact that the development and improvement of the principles of criminal procedure has not been completed, it can be argued that today the recording of court proceedings serves as a criminal procedural guarantee of respect for the rights and legitimate interests of every person involved in court proceedings.

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 judge's decision on case number 115-K/PM.1-02/AD/X/2019 at the Military Court I-02 Medan about the different opinions of the panel of judges in the Gay Bisexual and Transgender (LGBT) case in the Indonesian National Army (TNI). TNI). The purpose of this study is to examine the legal regulations regarding criminal punishment for LGBT perpetrators within the TNI and examine the application of penalties for perpetrators who violate the LGBT prohibition within the TNI, as well as to analyze how the basis for applying the law to soldiers who commit LGBT violations within the TNI is. The research conducted is normative legal research that uses a normative juridical approach that takes secondary data by making primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the study, it can be seen that LGBT is a very deviant behavior in which Indonesia has no laws and regulations governing LGBT acts in general and specifically so that the application of punishment is based on Article 281 of the Criminal Code, Article 103 of the Criminal Code, Government Regulation Number 39 of 2010 Article 53 Paragraph (1) letter b Concerning Administration of Indonesian National Armed Forces Soldiers, Kasad Decree Number Kep/330/IV/2018 dated 17 April 2018 concerning Disrespectful Dismissal within the TNI, which was imposed to ensnare LGBT perpetrators within the TNI.

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.

By issuing Supreme Court Regulation Number 2 of 2012 concerning Limits of Minor Crimes and the Amount of Fines in the Criminal Code in order to resolve minor crimes. After the issuance of the PERMA, a new problem arose because the PERMA was not used in the settlement of minor criminal cases. This causes legal uncertainty after the issuance of PERMA No. 2 of 2012. This thesis uses normative legal research, namely research that refers to legal norms contained in laws and regulations that apply as a normative footing. The legal rules limiting minor crimes and the amount of fines in the Criminal Code with the issuance of Supreme Court Regulation Number 02 of 2012 namely: Legal Position Supreme Court Regulation Number 2 of 2012 substantially relates to adjustments to the limits of minor crimes and the amount of fines. The implementation of the law against the crime of minor theft after the issuance of the Supreme Court Regulation Number 02 of 2012 concerning minor crimes is as follows: The existence of Perma No. 2 of 2012 is a Criminal Policy and so far criminal policy is understood as the domain of the Criminal Justice System (SPP) which implements the representation of the state. In addition, criminal policy is also better understood as a way to enforce the law in the context of crime prevention. Constraints faced by law enforcement officers of the Police. Constraints in law enforcement occur when there is a discrepancy between value pairs and this discrepancy can be caused by: understanding of the police regarding the regulation, the courage of the police officers without overlapping, socialization of the regulation and shaping community culture

This paper aims to examine and analyze the rule of law, law enforcement and criminal policy against criminal acts without the right to control sharp weapons. To approach this problem, the theory of the legal system is used. The data were collected through interview guidelines and analyzed qualitatively. This study concludes that the rule of law regarding law enforcement against criminal acts without the right to control sharp weapons in demonstrations is regulated in Emergency Law Number 12 of 1951 in Article 2 paragraph (1), Law no. 9 of 1998 concerning Freedom to Express Opinions in Public in Article 16, Perkapolri No. 7 of 2012 concerning Procedures for the Implementation of Services, Security, and Handling of Public Opinion Cases in Article 8 letter j. Law enforcement against criminal acts without the right to control sharp weapons in demonstrations against the Criminal Code Bill at the Medan District Court is carried out through investigations, prosecutions and judges' decisions. The criminal law policy against people who carry sharp weapons in Medan City consists of a penal policy carried out by legally processing the perpetrators, followed by examining the defendants at trial. Non-penal policies as a preventive measure for criminal acts without the right to control sharp weapons are counseling, raids and community participation.

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 article deals with the most complex and important issues in demand in practice, related to the improvement of the design of art. art. 317-319 of the Criminal Code of the Russian Federation. It is stated that the current legislation in the considered sphere of the public relations needs further improvement. Author's suggestions for improvement of the existing penal legislation are made.

The article deals with the problems of international law and criminal law related to the establishment of criminal liability for attempts to "rehabilitate Nazism" and the definition of signs of the corpus delicti for in Article 354 of the Criminal Code of the Russian Federation. In the article there are analyze correspondence of the signs of the corpus delicti by the nature and degree of crime public danger, and also concludes about necessary to conclude an international cooperation agreement for countering Nazism, adopt a national law defining the basic concepts and directions for such counteraction, as well as change the content of Article 354 of the Criminal Code of the Russian Federation in order to bring the nature and degree of public danger into line with those that a crime against the peace and security of mankind should possess, and that the scope of application of this article in attempts to rehabilitate Nazism was not limited only to the content of the verdict of the Nuremberg Tribunal, which, for all its indisputable significance, is not the only one international and court act condemning the crimes of the Nazis and their accessories.

In the modern doctrine of criminal law, a detailed study of economic crimes located in Chapter 22 of the Criminal Code of the Russian Federation revealed a certain tendency of the absence of system-forming signs of this group of criminal encroachments. A serious analysis of the signs of the corpus delict provided for in Article 169 of the Criminal Code of the Russian Federation was carried out in order to further improve them. The purpose of this work is to study the legal potential of the article and the factors that prevent the implementation of its provisions in practice. Achieving this goal is possible by solving such tasks as identifying the legal nature of objective and subjective signs of a crime under Article 169 of the Criminal Code of the Russian Federation, studying the problems of applying this article and identifying possible ways to resolve them. The relevance and significance of the existence of this corpus delict for the protection of the interests of an entrepreneur in the Russian Federation is established. The problems of judicial practice that prevent the real application of the provisions of Article 169 of the Criminal Code of the Russian Federation are identified. The emphasis is placed on the involvement of officials in the commission of criminal acts against business entities. Some changes in the criminal legislation are proposed, which will exclude the identification of the provisions of Article 169 of the Criminal Code of the Russian Federation with the category of "dead" norms. In this regard, it seems quite justified to consider in more detail the provisions of Article 169 of the Criminal Code of the Russian Federation, which provides for liability for obstruction of legitimate entrepreneurial or other activities.

The purpose of the research is to develop a comparative analysis of the essence of the abuse of the occupational (official) position within the framework of the science of criminal law. It is indicated that criminal liability for the abuse of the occupational (official) position in the performance of his duties has been established for certain specific offences under the Special Part of the Criminal Code of Ukraine. To achieve the stated objective and solve the stipulated tasks, general and special scientific methods were used, in particular, the structural system to analyze crime in the field of official activities and prevent it as a theoretical problem and holistic phenomenon throughout the process. The results obtained allow us to conclude that, in most countries of continental Europe there is a simplification of the qualification of the actions committed by an official in a single article, however, there is a clear link with the consequences caused in the form of pecuniary damage, which allows the prosecution to build much faster a causal component of the actions of a person within a single legal criminal corpus and pass evidence to the court.

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%).

The article discusses the issue of the validity of the criminalization of evasion from repayment of accounts payable, provided for in article 177 of the Criminal Code of the Russian Federation. Noting that the question of the expediency of criminalizing acts in the sphere of economic activity is one of the most debatable in modern criminal law in Russia, the authors cite different views of scientists and practitioners. The problem of applying article 177 of the Criminal Code of the Russian Federation is identified due to the absence of the concept of malicious evasion from repayment of accounts payable in the current legislation. The methods of committing this crime are considered. In addition, the data of judicial practice on cases of debt collection on accounts payable are presented. Attention is drawn to the issues of the effectiveness of the norm provided for in article 177 of the Criminal Code of the Russian Federation. The results of the study indicate in favor of leaving malicious evasion from repayment of accounts payable in the criminal law system. The authors come to the conclusion that not only the regulatory framework for countering malicious evasion from repayment of accounts payable needs to be improved, but also law enforcement practice.

The article examines the problem of determining the essence of the concept of "crime detection" in Russian law. For this purpose, the method of literature review was used and during the study the authors analyzed the normative legal acts of the Russian Federation, such as: the constitution of the Russian Federation, the Criminal Code of the Federation, the Code of Criminal Procedure and the Federal Law "on Operational Search Activity", the Federal Law "on police forces”, interdepartmental and departmental normative legal acts of the Ministry of Internal Affairs of Russia, among others, to determine the precise moment of detection of the crime phenomenon. Moreover, the article proposes to clarify the definition of the term “crime detection”. It is concluded that it is advisable to distinguish the concepts of "crime detection" and other related concepts in practice and theory to avoid confusion.

The paper analyzes the features of the regulation of objective and subjective characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation, their influence on application of the aforementioned norm. The paper examines the category of "compulsion", the concept of "other sexual actions", their correlation with the definition of "sexual harassment". The paper resorts to legal and etymological approaches to the understanding and content of these terms, gives recommendations for improving the legislative and law enforcement practice in this area. The author analyzes the approach to the interpretation of the content aspects of compulsion—encouragement/compulsion. The issue of the moment of the end of the criminal act under consideration (process/result) is examined. The author determines and substantiates deficiencies in the regulation of methods of coercion to actions of a sexual nature. The concept of "dependence" in the considered area, its relationship with the state of helplessness is investigated. The essential and substantive characteristics of the threat as a method of coercion to sexual actions (criteria and their interpretation) are analyzed. Also, the author examines the issue of qualifying characteristics of the elements of the crime under Art. 133 of the Criminal Code of the Russian Federation and problems of interpretation of the characteristics of the subject matter, motives and purpose of this act. The complexity of the delimitation of the aforementioned criminal act from an insignificant offense, a moral offense, an administrative offense, and related crimes are indicated. The author also analyzes the issue of qualification of the act under Art. 133 of the Criminal Code of the Russian Federation and its impact on its relationship with violent sexual crimes. The paper presents an analysis of the legislation of the CIS countries on the issue under consideration and provides for historical summary about the evolution of the domestic legislative approach in the aforementioned area. The determinants of law enforcement problems are identified and indicated. Conclusions and recommendations are based on the study of judicial practice, researchers’ opinions, the RF Supreme Court standing, the rules applied to qualify criminal acts.

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.

The purpose of this study is to find out what is meant by the President and/or Vice President committing a disgraceful act in the concept of criminal law, so that they can be impeached. By using normative legal research and approaches to legal concepts, laws and their history. The results of the research are as follows: First, all actions that are contrary to the Criminal Code are disgraceful acts for the President/Vice President; Second, the religious values, social culture of the Indonesian nation, as well as moral principles in the Criminal Code have been compiled in Pancasila and the 1945 Constitution, therefore any deviation from the behavior of the President/Vice President against the 1945 Constitution is a despicable act; Third, all disgraceful acts of the President/Vice President that violate criminal law offenses are subject to criminal sanctions in accordance with the Criminal Code, so that disgraceful acts that have been formally regulated in the Criminal Code are not the meaning of disgraceful acts as referred to in Article 7A of the 1945 Constitution, because the limitations of criminal acts have been determined can impeach the President/Vice President, namely: corruption, bribery, and other serious crimes; Fourth, the disgraceful act of the President/Vice President in Article 7A of the 1945 Constitution is an act of violating the 1945 Constitution as a reference to the rules of criminal law.

The article states that a “thief in law” is one of the types of persons who are in the status of a subject of increased criminal influence and is characterized by such features as the presence of authority, the presence of other personal qualities and capabilities; criminal influence and coordination of criminal activity of other persons who carry out criminal influence. It was stated that the word “thief” is Russism, and the very phrase “thief in law” is jargon, the use of which is unacceptable in the Criminal Code, which violates the requirement of an official nature. The phrase “thief in law” in the Criminal Code carries a substantive problem, which is to reveal the features of this concept with the help of evaluative vocabulary, which is a violation of the requirement of legal certainty. The analysis of interim decisions in criminal proceedings and final court decisions in administrative proceedings, which addressed the issue of revoking the decisions of authorized bodies to prohibit entry into the territory of Ukraine of foreign nationals due to their status as “thieves in law”, revealed criteria that use courts to establish that a person had the status of “thief in law”.These are: passing the initiation procedure (“coronation”) and obtaining the appropriate status; control and distribution of material goods; fulfilling the role of a “justice of the peace” in resolving conflicts and disputes that have arisen between representatives of crime; influence on the representatives of crime, providing them with appropriate instructions, control over their implementation; the presence of criminal authority in the criminal world; unquestionable authority among criminals. The fact of the status of a “thief in law” can be confirmed by publications in the press of the relevant content, if there is no court decision refuting the inaccuracy of this information.

The article examines the legal nature of preparation for a crime, provides a conceptual and terminological analysis of this category of criminal law. The work is devoted to the study of reflection of the provisions of the general criminal law concerning the regulation of the institution of preparation for a crime in its special part. The study, taking into account different views in the theory of criminal law, provides the author’s definition of the actual preparation for a crime. As a result of the study, it is confirmed that when determining the prescriptions of the Special Part of the Criminal Code of the Russian Federation, reflecting the actual preparation for a crime, it is necessary to proceed from the fact that they should not establish an independent crime, but an act that constitutes the creation of conditions for the commission of this crime. When deciding whether to classify an act as an actual preparation for a crime, it is proposed to use the method of mentally excluding the relevant prescriptions from the criminal law. The author demonstrated the application of this method by the example of the compositions of the Special Part, namely Art. 146, 150, 159, 1596, 1711, 1732, 186, 187, 1911, 2051, 2054, 209, 210, 211, 212, 234, 2341, 238, 239, 242, 2421, 2422, 276, 2821, 2822, 2823, 3271, 3272, 353, 359, 361 of the Criminal Code of the Russian Federation, which in his opinion represent an exhaustive list of options for reflecting the actual preparation for a crime in the Special Part of the Criminal Code of the Russian Federation.

The article is devoted to the consideration of the problems of application of Art. 327, Part 3 of the Criminal Code of the Russian Federation, related to the operation of the norm in time; with delimitation from the norm covered by Art. 327, Part 5 of the Criminal Code of the Russian Federation; with the content of such an act as use, the moment of its ending, the matching with the counterfeit, as well as with the acquisition, storage and transportation. The author substantiates the conclusion about the need to exclude Part 5 of Art. 327 of the Criminal Code of the Russian Federation; a broader definition of the concept of “use of a knowingly forged document” is proposed, including not only the submission of such a document in order to obtain (confirm) the rights or relieve from responsibilities, but also the very use of the obtained rights or relieving from responsibilities on the basis of the submitted document; the critical assessment of the actions of a person ordered the forged document with providing personal information is done, such actions are considered as complicity in the forgery. The author’s attention is drawn to the prevalence of incompleteness of the wording of the accusation when qualifying the actions of persons who acquired, stored, transported a forged document in order to use it, and then used it. The article formulates recommendations for solving the issues of applying Part 3 of Article 327 of the Criminal Code of the Russian Federation.

W niniejszym opracowaniu poruszono problematykę technologii deepfake i jej wykorzystania do produkcji fałszywej pornografii (deep porn). Zwrócono uwagę na znamiona typów czynów zabronionych, które może wypełnić osoba dopuszczająca się modyfikacji i rozpowszechniania filmów o charakterze pornograficznym. Celem artykułu było przeanalizowanie przepisów kodeksu karnego pod kątem spełniania przez nie funkcji ochronnej względem osoby, której wizerunek zostałby wykorzystany i następnie rozpowszechniony dla celów produkcji deep porn, oraz omówienie stosunku przedstawicieli doktryny amerykańskiej względem tego zagadnienia. W wyniku przeprowadzonej analizy prawnokarnej stwierdzono, że ochrona zapewniona jest na podstawie art. 212 (zniesławienie) i 216 (znieważenie) ustawy z dnia 6 czerwca 1997 r. Kodeks karny.

The authors study the controversial issues of termination of a criminal case (criminal prosecution) on the condition of voluntary compensation for the damage caused by the crime by the suspect (accused) during the preliminary investigation. The thesis is proved that in Russian criminal proceedings the procedure for voluntary compensation for damage caused by a crime is quite clearly regulated, and if the suspect (accused) voluntarily compensated for the property damage caused, then their actions will be evaluated within the current legal framework, when the fact of compensation for damage creates grounds for exemption from criminal liability and termination of the criminal case (criminal prosecution) in accordance with Articles 75, 76, 761, 762 of the Criminal Code of the Russian Federation, Articles 25, 251, 28, 281 of the Criminal Procedure Code of the Russian Federation.

Celem opracowania jest ustalenie znaczenia pojęcia „przestępstwo” na gruncie kodeksu postępowania cywilnego. Zagadnienie to nie było dotąd przedmiotem pogłębionych rozważań w polskiej doktrynie. Tymczasem termin ten, używany kilkukrotnie w przepisach wymienionego kodeksu, może być różnorako rozumiany przede wszystkim ze względu na wielość czynów zabronionych, których popełnienie skutkować może szeroko rozumianą odpowiedzialnością karną. W ocenie autorów uzasadnione jest wąskie rozumienie tego pojęcia w przepisach kodeksu postępowania cywilnego, odpowiadające zasadniczo znaczeniu nadanemu mu w oparciu o przepisy kodeksu karnego. Pojęcie przestępstwa używane w przepisach kodeksu postępowania cywilnego nie obejmuje zaś przestępstw skarbowych, wykroczeń skarbowych ani wykroczeń. The purpose of the study is to determine the meaning of the term ‘offence’ under the Code of Civil Procedure. Hitherto, this issue has not been the subject of comprehensive in-depth considerations in the Polish doctrine. Meanwhile, this term used several times in the provisions of the aforementioned code may be understood in various ways, primarily due to the multiplicity of prohibited acts the commission of which may result in widely understood criminal liability. According to the authors, a narrow understanding of this concept in the provisions of the Code of Civil Procedure is justified what corresponds essentially to the meaning given to it under the provisions of the Criminal Code. Whereas, the term ‘offence’ in the Code of Civil Procedure does not include penal fiscal offences, fiscal petty offences or petty offences.

El presente artículo se centra en el análisis de las sentencias pronunciadas por el Tribunal Supremo en materia de delitos contra los sentimientos religiosos, especialmente el escarnio, durante la vigencia del Código Penal de 1870. Con sus sentencias, el Alto Tribunal fue rellenando lagunas y perfilando conceptos, contribuyendo de esta forma a completar el Derecho.