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The article is devoted to the study of the problems of protection of the legitimate rights and interests of persons who have suffered from criminal offences, effective restoration of their rights, timely compensation and redress for damage caused by a criminal offence. It is stated that it is in the interests of the victim not only to punish the person who committed a criminal offence, but also to seek restitution and pecuniary compensation for damages and non-pecuniary damage, and to be able to return to normal life and feel protected from future unlawful acts. It is determined that the subject of compensation for damage or elimination of material damage may be not only the perpetrator of the criminal offence, but also other persons, including parents, children, and close relatives. If preferential criminal law institutions are applied to a person, conditions are also imposed on him/her that he/she must fulfil, namely, to compensate for the damage caused or to eliminate the damage caused. As for the public apology, in this case, only the person who caused the material or moral damage can be the subject. The question arises if the offender does not voluntarily compensate for the damage or eliminate the damage caused, it is necessary to ensure the victim's right to compensation. The issue of creating a special fund to compensate and reimburse for the damage caused by a criminal offence has been raised on several occasions. Foreign practice shows that in some countries such funds have been established and ensure the violated rights of victims who have suffered damage or losses as a result of criminal offences. The novelty in the Criminal Code - compensation for damage by way of restitution or compensation - is a positive development, which will ensure recognition of the rights, freedoms and legitimate interests of the victim. If the victim's right is violated, the perpetrator of the criminal offence will be obliged to make restitution or compensation. If it is established that a person found guilty of a deliberate criminal offence involving the use of violence cannot pay compensation, the damage determined by the court verdict shall be compensated to the victim by the state in cases and in the manner prescribed by law, at the expense of the State Fund for Compensation to Victims. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the subject of collaborative activity (criminal offender) as an element of a criminal offence under Article 111-1 of the Criminal Code of Ukraine. The analysis of this element is aimed at identifying the specific legal features of the offender of collaborative activity that affect its qualification and also determining the prospects for improving criminal law. It is noted that there are several problems arising from the provisions of Art. 111-1 of the Criminal Code of Ukraine, which has flaws regarding the definition of the subject of this c riminal offence. Based on the doctrinal interpretation, it is proved that the offender of collaborative activity belongs to the category of special ones, namely, it may be a sane person who has reached the age of 16 and is a citizen of Ukraine. Concerning examples from court practice, the article consecutively examines all the features of the studied element of the criminal offence under Article 111-1 of the Criminal Code of Ukraine. In this context, the issue of lowering the age of criminal liability for certain types of collaborative activities, primarily in the military sphere, is raised. It is emphasised that additional reasons for doubting the sanity of a person who has committed collaboration are military factors, which can have a significant destructive effect on the human psyche. The situation of committing collaborative activity by a person who was in a state of partial insanity is considered. It is concluded that the possibility of complicity in the commission of collaborative activity may have widespread manifestations (given the nature of such activity, which is reflected in the interaction with the aggressor state representatives), and this is the most problematic aspect of the practice of qualifying collaborative activity. It is established that the offender of collaborative activity, by Article 111-1 of the Criminal Code of Ukraine, is a citizen of Ukraine, despite the absence of a corresponding textual indication in Part 4 and Part 6 of Article 111-1 of the Criminal Code of Ukraine. However, this legislative provision needs to be amended so that only a citizen of Ukraine can be considered a subject of collaborative activity. [ABSTRACT FROM AUTHOR]

The article analyses the system of provisions on criminal influence, namely, the criminal law provision on the establishment or dissemination of criminal influence (art. 255-1 of the CC of Ukraine), as well as other provisions which provide for certain methods of criminal influence and which explicitly refer to criminal influence (part 5 art. 255, art. 255-2 of the CC of Ukraine). The purpose of the scientific review is not just to distinguish the system of provisions establishing liability for criminal influence, but to establish the correlation between them, and thus to identify the rules of criminal law qualification, and also to determine the features of actus reus of a criminal influence. The article considers criminal influence from actus reus as a kind of 'criminal management', namely, organisation, provision of criminal activities by a person exercising criminal influence, and control over such activities. Based on the results of the analytical review, the following main points have been identified: 1) The Criminal Code of Ukraine contains a system of rules on various ways of exercising criminal influence, envisaged in part 5 art. 255, art. 255-1, 255-2 of the CC of Ukraine. 2) The provision on the establishment or dissemination of criminal influence (art. 255-1 of the CC of Ukraine) does not cover such acts committed by criminal offenders of criminal influence as: the creation, management of a criminal organisation (participation in it), criminal community (part 5 art. 255 of the CC of Ukraine), as well as organisation, assistance in conducting or participation in a criminal meeting (gathering), if committed by a person who exercises 'ordinary' criminal influence (part 1 art. 255-2 of the CC of Ukraine). 3) The correlation between the provisions on the establishment or dissemination of criminal influence (art. 255-1 of the CC of Ukraine) and the provisions on the creation, management of a criminal organisation (participation in it), a criminal association committed by criminal offenders of criminal influence (part 5 art. 255 of the CC of Ukraine) is the correlation between general and special provisions. According to the established rules of overcoming competition, preference should be given to the special rule. 4) The correlation between the provisions on establishment or dissemination of criminal influence (art. 255-1(1), (3) of the CC of Ukraine) and the provision on organisation, assistance in conducting or participation in a criminal meeting (gathering) (art. 255-2(1) of the CC of Ukraine) is the correlation between two special provisions that are «specialised» on the basis of the criminal offender who exercises criminal influence and the method of criminal influence, respectively. When making criminal law qualification, preference should be given to the special provision which provides for a more severe punishment. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the issue of distinguishing the corpus delicti of a malicious failure to fulfill the obligations to take care of a child or a person under guardianship or custody (Art. 166 of the Criminal Code of Ukraine) from such related corpus delicti of criminal offences as "Domestic violence" (Art. 126-1 of the Criminal Code of Ukraine), "Leaving in danger" (Art. 135 of the Criminal Code of Ukraine) and "Abuse of the rights of guardian" (Art. 167 of the Criminal Code of Ukraine). The author analyzes these corpus delicti, compares them, identifies the features by which these corpus delicti should be distinguished, studies the case law, formulates recommendations on the qualification of these crimes as well as proposes improvements to the law on criminal liability. The author shows that the corpus delicti of the crimes, provided for by Art. 126-1 and 166 of the Criminal Code of Ukraine, should be distinguished by objective (form of action, systematic character) and subjective (form of guilt) features. The author proves that intentional economic violence, committed by means of abandonment without care and guardianship with deliberate attitude towards the consequences, should be qualified under Art. 126-1 of the Criminal Code of Ukraine. Under Art. 126-1 and Art. 166 of the Criminal Code of Ukraine, the act can be qualified only in the case of a real combination. The author substantiates that the main objective feature by which it is necessary to distinguish the corpus delicti of crimes under Art. 135 and Art. 166 of the Criminal Code of Ukraine is an availability of a life-threatening condition. When committing a crime under Art. 166 of the Criminal Code of Ukraine, the victim is not in such a condition. If there are grounds, the previous behaviour of a person, placing a child or a person with limited capacity (incapacity) in a life-threatening condition, requires separate qualification under Art. 166 of the Criminal Code of Ukraine. The author argues that the corpus delicti of criminal offences under Art. 166 and Art. 167 of the Criminal Code of Ukraine should be distinguished both according to objective (act) and subjective features (form of guilt, purpose, subject). It is proved that the objective elements of the crime under Art. 166 of the Criminal Code of Ukraine do not cover such actions as abuse of rights. The author supports the proposal to include parents in the circle of subjects of the crime under Art. 167 of the Criminal Code of Ukraine in order to fill the gap in the law concerning qualification of abuse of parental rights for mercenary purposes to the detriment of children. [ABSTRACT FROM AUTHOR]

The article analyzes the positions of the Supreme Court regarding discharge from criminal liability in view of reconciliation of the offender and the victim. It is noted that the interpretation of the conditions of the discharge, namely the commission of a first-time minor offence or reckless minor crime, is not controversial and the judicial practice in this case is unanimous. Instead, it is stated that the interpretation of the grounds for the specified type of discharge in judicial practice contains contradictions, and there are also issues that are still unresolved. It is stated that the legal positions regarding the understanding of the concept of «reconciliation» are consistent. It is noted that the death of the victim excludes the possibility of reconciliation, however, the issue of the possible expression of the will to reconcile by a minor, juvenile, incapacitated or limitedly capable victim remains unresolved. Decisions of the Supreme Court in cases of discharge from criminal liability under Art. 46 of the Criminal Code of Ukraine for an offender who has committed a criminal offence against public order are mentioned. It is noted that there is no unambiguous answer as to whether this type of discharge is possible in criminal offenses that cause or pose a real threat of causing significant harm not only to individuals, but also to the public interest, nevertheless, the possibility of applying this type of discharge in such cases has not been denied. It is concluded that in cases where the criminal offence has not caused harm or damages, application of Art. 46 of the Criminal Code of Ukraine is possible without establishing the specified ground for discharge. It is specified that reimbursement of damages or elimination of harm may be incomplete upon agreement with the victim. It is noted that the issues of the victim's ability to refuse compensation, as well as to reach an agreement on reimbursement in the future, remain unresolved. The authors also mention the positions of the Supreme Court stating that discharge from criminal liability in view of reconciliation of the offender and the victim is a mandatory typ e of discharge. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of certain legislative initiatives aimed at improving criminal liability for criminal offences in the field of economic activity. The author notes that the events taking place in the State have an impact not only on the economic, political and social factors of its development, but also have a direct link with crime. It is noted that amendments and additions, criminalisation and decriminalisation of certain criminal offences are ongoing processes which take place in the Law of Ukraine on Criminal Liability. The main task of amending and supplementing any legal act is to improve it, to take into account the problems that arise when applying a particular provision by law enforcement and judicial authorities. However, not all proposals for improvement of the Criminal Code of Ukraine take into account the provisions of current legislation, international law or are aimed at eliminating gaps in law enforcement practice. It is noted that from 01 January 2023 to 13 August 2024, 208 amendments and additions were proposed to the Criminal Code of Ukraine, including those relating to criminal offences in the field of economic activity, including: the draft Law of Ukraine on Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine on Improvement of Liability for Illegal Traffic of Excise Goods (reg. 9364 dated 08.06.2023), the draft Law on Amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses on establishment of criminal liability for inefficient use of budget funds in public procurement (reg. 10151 dated 13.10.2023), draft Law on amendments and additions to the Criminal Code of Ukraine (regarding the elimination of contradictions in the punishment of criminal offenses) (reg. 8235 dated 28.11.2022), draft of the Law on Amendments to Certain Legislative Acts on Administrative and Criminal Liability for Violations Related to Payment Services (Reg. 6295 dated November 8, 2021). The author concludes that amendments to the Criminal Code of Ukraine should not be justified by political factors, but should be based on judicial practice. [ABSTRACT FROM AUTHOR]

The performance of functions by a modern state in all spheres of life of society and individuals, a high level of social obligations, along with the main traditional tasks of maintaining defense capability and internal order, require a strong and stable financial system. Historical experience shows that payments made by the population to their state were not voluntary and consisted of mandatory, compulsory withdrawal of part of the payer's funds or property in favor of the state, which in turn contributed to the population's search for ways to avoid making these payments. The housing construction industry is one of the most risky sectors of the modern economy. According to Article 47 of the Constitution of Ukraine, everyone has the right to housing. The state shall create conditions under which every citizen will be able to build housing, purchase it as property or rent it. According to Article 47 of the Basic Law of Ukraine, the right to housing can be realized by building housing, purchasing it in ownership or renting it, and by citizens in need of social protection - by receiving social housing from the state or local governments free of charge or for a fee affordable to them in accordance with the law. Citizens in need of social protection are provided with housing by the state and local self-government bodies free of charge or for an affordable fee in accordance with the law. Citizens in need of social protection are provided with housing by the state and local governments free of charge or for an affordable fee in accordance with the law. The need for housing construction is growing every year and, as a result, more and more construction companies are entering the market. Today, when thousands of apartment buildings have been destroyed as a result of the hostilities, this need is even more urgent. Therefore, close attention to the activities of developers by the state often manifests itself in a rather drastic change of the so-called "rules of the game", including in the field of taxation. Given the growth in construction volumes and expansion of the real estate market, tax evasion in the field of housing construction can significantly undermine the state's financial resources, threaten budgetary sustainability and limit the government's ability to meet the housing needs of citizens. However, an effective fight against these offenses can contribute to the creation of a perfect tax system and increase financial discipline in the field of housing construction. The article examines the theoretical and legal aspects of criminal liability for criminal liability for tax evasion, fees (mandatory payments) in the field of housing construction, and the provisions of the Criminal Code of Ukraine and other legal acts. The article examines the theoretical and legal aspects of criminal liability for criminal liability for tax evasion, fees (mandatory payments) in the field of housing construction, the provisions of the Criminal Code of Ukraine and other legal acts. The author formulates requirements for improving legislation on tax evasion in the field of housing construction and the need to provide support for housing constr uction and settle tax issues in this area. [ABSTRACT FROM AUTHOR]

The article explores the concept of crime prevention (criminal offenses) in the field of security activities, providing a characterization of the directions and measures of its prevention. Various approaches to understanding these definitions are examined, taking into account the experience of Ukrainian scholars in classifying crime prevention measures. Based on a general theoretical analysis of approaches to understanding the concept of «crime prevention» and defining its content, establishing the main crime prevention measures with their characteristics, as well as studying the system of crime prevention measures (criminal offenses) in the field of security activities and approaches to their classification, the author concludes that crime prevention is a multi-level socio-preventive activity aimed at eliminating and hindering the action of determinants or preventing the commission of acts at various stages of criminal manifestations that lead to the emergence of a certain type of crime, with the aim of ultimately ov ercoming it. The main goal and directions of crime prevention (criminal offenses) in the field of security activities in Ukraine are to create a positive, socially acceptable activity for individuals, introducing into their consciousness a correct, socially recognized understanding of criminal offenses and fostering intolerance towards their commission. General social crime prevention (criminal offenses) in the field of security activities includes a complex of measures conducted by state bodies, public organizations, and other entities aimed at reducing conflicts and stabilizing socio-economic, political, moral-psychological, and legal relations within the state and society. Special criminal crime prevention (criminal offenses) in the field of security activities includes a system of special government agencies that act to influence criminogenic factors, as well as identify the causes and conditions of committing criminal offenses in this sphere and take measures to eliminate them. Individual preventive work in the field of security activities includes early individual prevention, direct individual prevention, and post-criminal prevention. [ABSTRACT FROM AUTHOR]

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In this article, the author analyses the legislative provisions regulating the activities of the prosecutor's office in representing the interests of the State in court in terms of filing claims for compensation for damage caused by corruption offences, and also provides examples of court practice on these issues. The author focuses on the problematic issues that arise in the practical activities of prosecutors. The current anti-corruption legislation of Ukraine provides for compensation for losses and damage caused as a result of a corruption offence. At the same time, the Law of Ukraine "On Prevention of Corruption" does not disclose the procedure for compensation of such damage, which leads to problematic issues in practice. The author notes that today in Ukraine the powers of the prosecutor are limited. This was caused by the amendments made to the Law of Ukraine "On the Prosecutor's Office", namely, the prosecutor was deprived of the right to represent the interests of citizens in court, and his powers outside the criminal sphere were limited. At the same time, the author concludes that the prosecutor's office plays an important role in filing claims in criminal proceedings for compensation for losses and damage caused as a result of a corruption offence. It is noted that the availability of the necessary evidence is decisive in determining the time of filing a claim for compensation for losses, damage, elimination of other consequences of a corruption offence or corruption-related offence. Since the damage caused to a person by a crime is a violation of the subjective rights of that person, the right to compensation for damage follows from the general right to protect the rights, freedoms and legitimate interests violated by a crime. At the same time, the article emphasises that compensation for damage caused by a crime is a way of judicial, including criminal procedural, protection of the rights of citizens and legal entities. Regardless of which right is violated, the State guarantees its restoration (compensation). In the article, the authors conclude that current investigative and judicial practice requires pre-trial investigation officials and prosecutors to objectively and as accurately as possible establish the amount of property damage caused by a criminal offence, taking into account the possibility of substantiating specific amounts with testimony from victims of criminal acts. A prosecutor who files a civil claim in criminal proceedings must substantiate the existence of grounds for representing the interests of the state in court. Only a claim for compensation for damage caused by a criminal offence may be considered in criminal proceedings. [ABSTRACT FROM AUTHOR]

The article is devoted to the forensic characteristics of criminal offenses related to venereal disease infection. It has been established that venereal diseases are infectious diseases, united in one group by the way of their transmission - mainly sexual. WHO includes more than 20 nosological forms among them, including classic venereal diseases, a number of viral infections, a large group of urogenital infections and many other diseases. The transmission of these diseases is possible not only during sexual contact, but also during the passage of the fetus through the birth canal of a sick mother, contact-household, transplacental, hemotransfusion ways. The source of infection can be a healthy carrier, a sick person, a sick (infected) mother, infected toilet objects. It is noted that the investigation method cannot provide an exhaustive list of all circumstances that must be clarified during the investigation of a specific criminal offense. The task of the investigator should be to specify and supplement the typical list in accordance with the specifics of this particular case. It must be remembered that the forensic characterization of a criminal offense is a scientific abstraction containing only probable knowledge. The data contained in it are indicative only and make it easier to put forward versions and determine the directions of the investigation. The author concluded that the elements of the forensic characteristics of criminal offenses related to infection with a venereal disease include: the method and traces of the crime, as well as the object of the criminal offense, the identity of the victim and the identity of the criminal. In addition, it was established that the most widespread way of committing this category of criminal offenses is, of course, sexual relations. In second place is infection by "household" means. At the same time, venereal diseases can be transmitted in two ways: direct (for example, through direct contact of the skin or mucous membranes) and indirectly (for example, when the virus enters an open wound or mucous membrane through contact with household items on which the virus can remain). In addition, infection with venereal diseases can occur due to the negligent performance of professional duties by a person, despite the fact that medical institutions use all possible measures to prevent such diseases. For example, there are cases of infection during medical procedures such as blood transfusions, organ transplants, artificial insemination and other medical manipulations. [ABSTRACT FROM AUTHOR]

The article reveals the theoretical and methodological problems related to the detention of a person who has committed a criminal offense. Attention is focused on the fact that the legal regulation of detention in criminal proceedings remains a debatable problem, which is additionally determined by the constant introduction of changes to the legislation regarding the legal regulation of this issue. Accordingly, it is determined that the purpose of the article is to obtain a scientific result on certain issues of regulatory regulation of detention, as well as to develop proposals for improving the norms of the current legislation. Special attention is paid to the legal construction of the norm of the Constitution of Ukraine, which defines the urgency of the need for detention as a mandatory prerequisite for the application of such a measure. The available scientific approaches to understanding the detention of a person who has committed a criminal offense are critically analyzed. Taking into account the analysis of the norms of the current criminal and criminal procedural legislation, appropriate changes are proposed in order to optimize the legal regulation of the detention of a person who has committed a criminal offense. Systematically considered and analyzed the changes made to the legislation of Ukraine regarding the detention of a person for committing a crime after the introduction of martial law. A system of articles of the criminal procedural law that needs to be amended and revised to improve the procedure for detaining a person suspected of committing a crime has been determined. The main tasks of the research are to establish the circumstances under which it is possible to detain a person before the start of a pre-trial investigation, to separate the purpose from the motives of criminal procedural detention, to define the concept of criminal procedural detention, as well as to establish the algorithm of actions of an authorized official who carries out detention before the start of a pre-trial investigation. [ABSTRACT FROM AUTHOR]

The article identifies the procedural and forensic aspects of participation of an attorney-at-law engaged to represent the interests of a juvenile victim in criminal proceedings. Based on the generalization of theoretical developments of Ukrainian scholars, it is found that they prefer to study the problem of protection of rights and legitimate interests of a minor suspect or accused. At the same time, given the current trends in crime, it should be noted that it has a devastating impact on the psyche of children. Moreover, they are increasingly becoming victims of criminal offences, especially those involving violence. This has raised the challenge of ensuring proper protection and the best interests of the minor victim. Based on the results of the scientific research, it has been determined that one of the guarantees of ensuring the procedural interest of a juvenile victim is the principle of competent legal representation. The algorithm for engaging a lawyer from a free legal aid centre to provide legal services to a victim is proposed. The importance of its implementation is emphasised for two reasons: 1) on the grounds that the interests of the child may prevail over the interests of the parents or other legal representative; 2) representatives of the prosecution and the court are obliged to act in accordance with the law, and not to take measures to implement the procedural interest of the minor victim. It is determined that an attorney-at-law, as a professional lawyer, is able to explain the rights of the victim in a language accessible to a minor, to make sure that the legal representative acts in his or her interests, to draw up a civil claim, and to draft a reconciliation agreement. Tactical recommendations for conducting investigative (‘search’) actions and the principles to be followed to ensure that the proceedings are conducted in accordance with international standards are formulated. The significance of the victim’s representative’s participation in investigative (search) actions, as well as at the stages of concluding a plea agreement and familiarisation with the criminal proceedings is pointed out. The article substantiates the expediency of applying the standard of “reliable information and obvious grounds” when deciding on the appointment of a comprehensive psychological and psychiatric examination of a juvenile victim.

Glorification of the enemy during wartime is one of the most dangerous social phenomena threatening the existence of the state. It indicates a lack of national unity in defending the country's independence and creates favourable conditions for the enemy in the disputed territories, as well as a basis for collaboration and state treason. The purpose of this article is to provide a comprehensive assessment of the phenomenon of glorification of the Russian aggression against Ukraine and its participants, to examine its socio-legal, economic and criminological dimensions, and to develop an effective prevention model. The research methodology is based on a systematic approach, whereby empirical data on this phenomenon is meticulously analysed using a variety of scientific tools, including systemic-structural, formal-logical, analytical, synthetic, comparative, statistical, and specific sociological methods. The analysis of glorification from a social-legal perspective reveals the absence of a methodology to quantify the value of losses related to statehood and national identity, which are direct consequences of glorification. From an economic standpoint, the assessment of the impact of glorification encompasses both direct and indirect costs, including judicial expenses and the maintenance of convicts, which are estimated to amount to approximately 1 million USD per year. The criminological evaluation examines the motivations of those who glorify criminal acts and the channels through which they disseminate harmful ideas. Social networks and messengers have been identified as the primary mediums through which such ideas are propagated, thereby posing a threat of widespread dissemination of hostile ideologies. The conclusion emphasises the necessity of concentrating countermeasures on the utilisation of information technologies and the reinforcement of information awareness and resilience within Ukrainian society and the state.

The scientific search for the peculiarities of evidence in the course of investigation of criminal offences under Parts 1 and 2 of Article 111-1 of the Criminal Code of Ukraine is due to the fact that with the beginning of the full-scale invasion of Ukraine by the Russian Federation, collaborationism at the level of national legislation, scientific doctrine and higher legal education has acquired a fundamentally new meaning. It is also advisable to take into account the fact that the historical basis of collaboration is treason, the normative consolidation of which has its roots in Roman law. Information and psychological operations, dissemination of relevant narratives to the formation of attitudes and orientations among the population, which may later become the basis for committing criminal offences under Parts 1, 2 of Article 111-1 of the Criminal Code of Ukraine. At the level of changes in the criminal procedure legislation, current trends and approaches to pre-trial investigation, the basic principles and features of pre-trial investigation of collaboration activities have been rethought. It is substantiated that in modern conditions, evidence in the course of investigation of criminal offences under Parts 1, 2 of Art. 111-1 of the Criminal Code of Ukraine is inseparable from taking into account the features of modern equipment which can be used for information transmission, analysis of computer information and information from correspondence, channels and groups in social networks containing valuable information, samples of signatures, seals and other details of documents which reflect information about the collaboration activities of individuals and groups. Other relevant features of evidence in the course of investigation of criminal offences under parts 1, 2 of Art. 111-1 of the Criminal Code of Ukraine include: the need to conduct as many investigative (search) and procedural actions as possible, including specific forensic examinations, of which one of the most common is the technical examination of document details; interaction of pre-trial investigation bodies and the public in the course of exchange of orientation information of investigative and inquiry units with volunteers, local activists, representatives of NGOs, writers, representatives of the scientific and creative intelligentsia, i.e. conscious and patriotic citizens who refused to cooperate with the occupation administration during the occupation and actively resisted it. Such interaction in the specific security conditions of martial law does not necessarily require face-to-face communication. Public messages on Twitter, Instagram, Facebook, and TikTok, which may contain information about persons involved in collaboration activities, their relationships with local residents and/or the occupation administration, etc., have significant potential for providing orientation information.

The article substantiates the thesis that criminal offences aimed at unlawful alienation of tangible and intangible assets of a business entity or otherwise related thereto are quite numerous and are enshrined in various sections of the Special Part of the Criminal Code of Ukraine. It is noted that this makes it difficult for the prosecution to recognise these criminal offences during the pre-trial investigation. It is determined that the cognitive activity of an investigator is impossible without a systematic analysis of individual objects and subjects which may be of investigative interest, and therefore, it necessitates the division of the relevant objects into groups. The analogy is drawn and it is determined that such approaches are implemented both in practical law enforcement activities and in scientific activities, in particular, in terms of identifying and developing tested recommendations for investigating criminal offences. It is emphasized that it is the forensic classification of criminal offences which is the method of forensic cognition of crimes and criminal offences which aims at solving a number of other tasks and is therefore necessary to be applied. Based on the results of the scientific research, the study develops a forensic classification of criminal offences related to misappropriation of assets of business entities. It is based on the following classification criteria: 1) peculiarities of the direct object of the encroachment; 2) subject matter of the criminal encroachment; 3) type of economic activity which was subject to criminal influence; 4) nature and form of external expression of traces of criminal activity; 5) nature of the criminal result obtained; 6) peculiarities of the subject composition involved in the implementation of the criminal intent; 7) nature of the actions committed by the raiders. Prospects for future research are identified.

The article substantiates the thesis that criminalisation of interference with the activities of public authorities is a natural step towards the development of a democratic and rule-of-law state, and even more so in the current realities of Ukraine's state and legal development. The article emphasises the importance of ensuring the effectiveness of investigation of these criminal offences. It is indicated that the development of practical recommendations for their investigation requires taking into account a number of informative factors, in particular, those which find their external manifestation in the mechanism of criminal activity. Based on the results of generalisation of the substantive components of the mechanism of interference with the activities of representatives of public authorities (unlawful influence or obstruction of activities), the substantive elements of the criminalistic characterisation of criminal offences of this group are identified. It is proposed to distinguish among them: 1) peculiarities of the situation, time and place of the interference; 2) typical traces of illegal activities aimed at interfering with the victim’s activities – representative of the state authority; 3) methods of interference with the activities of public authorities; 4) characteristic features of the victim of interference with activities – representative of the state authority, information about his/her type of activity, official position, functional responsibilities, information about the immediate supervisor, etc.; 5) information about the identity of the offender, motives and purpose of interference with the victim's activities – representative of the state authority, etc. The characteristics of each identified element is provided. It is emphasised that the characteristics inherent in each element of the forensic characteristic of interference with the activities of representatives of public authorities, determined on the basis of the analysis of investigative and judicial practice, should be taken into account when developing other elements of the forensic methodology for investigating this group of criminal offences.

This article is developed in the field of the science of criminal law, being dedicated to addressing the qualified subject of the crime, the finding of which conditions the application of the criminal law in strict accordance with the principle of criminal legality. The author puts at the reader’s disposal a set of criteria that allow deciphering the signs related to the special subject in the process of legal framing, a process that underpins the translation into life of the criminal law regarding people who have criminal conduct. The direct objective pursued by the author is the progressive development of the investigation of the content of the crime in criminal law, on the dimension of knowledge and interpretation of the legal signs that make it up as an abstract legal entity, created by the legislator for the characterization of crimes. The indirect, more distant objective is the improvement of the positive criminal law in congruence with the legality of the crime and the quality standards that derive from this fundamental principle of the criminal law. Two legislative procedures, described in the criminal law, of the signs of the qualified subject were revealed: “express provision” and “implicit provision”. Finally, the author substantiated the importance of the express provision, recommending it as an exclusive criterion for legislative consecration, to the detriment of the implicit provision, the latter being susceptible to creating confusion when interpreting the criminal law. Keywords: legality, criminal offence, subject of the crime, qualified subject, express provision, implicit provision, etc

The domestic violence in Kosovo remains one of the biggest challenges despite country's continuous attempts to harmonize its laws with EU legislation, including the enactment of the Criminal Code (2019) which foresees domestic violence as a criminal offense. This study aims to understand how the criminalization of domestic violence has impacted the courts' punitive policy. The data are collected through semi-structured interviews with seven judges and analysis of 130 judgments on domestic violence, which were randomly selected in the Basic Court of Prishtina, covering the period January 2019 – June 2021. The results show that criminalization of domestic violence had a limited impact on the punitive policy: suspended imprisonment and suspended fine prevail as types of sentences, sentence of imprisonment is applied mostly to recidivists while guilty plea and remorse are the most common mitigating circumstances. Judges believe the mild sentences represent the right way to address domestic violence effectively. [ABSTRACT FROM AUTHOR]

The article analyzes and summarizes the positions of the Supreme Court on the ground for necessary defence. It is noted that the Supreme Court has identified two elements of the ground for necessary defence (the commission of a socially dangerous trespass and the need to immediately avert or stop it) and has repeatedly referred to the interpretation of various aspects of each of them. The article mentions various definitions of "socially dangerous trespass" provided by the Supreme Court in its rulings. It is noted that the Supreme Court has not addressed the possibility of recognizing a socially dangerous act of an insane person or a person under the age of criminal liability as a socially dangerous trespass as a ground for necessary defence, but in one of its rulings it admitted that such a trespass was committed by a mentally ill victim. The author mentions the conclusion of the Supreme Court that the right to necessary defence cannot arise against lawful acts of another person, even if such acts cause damage to legally protected interests. It is mentioned that, in general, the Supreme Court does not recognize provoked violence as a trespass within the meaning of Article 36 of the Criminal Code of Ukraine, but the exception is when the degree of provoked violence is clearly higher than what a person could have predicted. It is noted that the Supreme Court identifies the objective reality of a socially dangerous trespass as its mandatory characteristic for necessary defence. The author quotes the Supreme Court's explanation of when it is necessary to immediately avert or stop a socially dangerous trespass. The conclusions of the Supreme Court regarding the time limits of the right to necessary defence are analyzed. In particular, the Supreme Court identifies the initial and final moments of lawful defence. The ruling is mentioned, in which the Supreme Court reminds of the legal prohibition to take into account the possibility of a person to avoid a socially dangerous trespass or to request assistance of other persons or authorities when deciding on the existence or absence of a state of necessary defence. [ABSTRACT FROM AUTHOR]

The mechanism of criminal activity consists of various elements that require a thorough study in the process of understanding the event of a criminal offence, i.e. during the pre-trial investigation. It consists of a large number of elements that are determined by the type of criminal offence and the specifics of the criminal activity of a particular person or group of persons. An obligatory element that requires a thorough study during theoretical research and in the course of cognitive activity of an investigator, detective or coroner is the method of committing a criminal offence. The method is an independent and compulsory element of the forensic characterisation of any type of criminal offence, and the need to cognise it is due to the need to present the information model of the illegal activity (actions) of a raider or a group of raiders, on the basis of which other elements of certain forensic techniques will be built. Given that the method embodies the objective side of a criminal offence, the complexity of its establishment and proof in the cognitive activity of an investigator, detective, coroner, therefore, in the context of cognition of raiding, it is subject to a thorough study. Based on the textual analysis of criminal law provisions, generalisation of theoretical developments, statistical data and law enforcement practice, the article establishes that criminal offences related to raiding are numerous, and the methods of their commission are mostly two-component and include actions related to preparation and direct commission. The mandatory features of each of the criminal offences under study are: 1) the use of pseudo-legal mechanisms, which may include the use of forged documents, seals, stamps, conclusion of fictitious transactions, etc.; 2) the focus, which is not on the simple acquisition of objects or certain assets of a business entity, but on the rights to an enterprise, institution, organisation with its production facilities, etc. The peculiarities of preparation for a raider seizure, peculiarities of preventive activities of this type of illegal activity are determined, and the role of the Office for Combating Raiding in this area is defined. Prospects for further research within the framework of the studied issues are outlined.

Based on the analysis of the investigative and judicial practice of investigation of criminal offences related to raiding, and also on the generalization of theoretical developments on the mechanism of criminal activity, the article proves that the mechanism of criminal activity of raiders is complex and multifaceted, since it is manifested in a variety of criminal offences which may sometimes even be embodied by criminal technologies. Based on the scientific research carried out, depending on the object and subject matter of the offence, it has been established that criminal offences related to raiding can be classified into several groups. In this regard, it is proposed that in the context of cognition of the criminal activity of raiders, the author distinguishes a specific mechanism of criminal activity, which should be understood as the internal systemic order of interaction of the forensically significant elements of criminal activity of a raider, a group of raiders and factors of objective reality, which is caused by the object and subject of criminal encroachment and is a reflection of criminal activity and is manifested in a group of constituent elements covering forensically significant information. It is determined that the constituent elements of the species mechanism should be considered to be the situation, the subject matter of the criminal offence, the totality of actions of the offender and other persons associated with him/her, the behaviour of the victim and the actions of persons who were accidental participants to the criminal offence or were otherwise involved in the implementation of the criminal intent of the raider, a group of raiders, and the correlations between the actions of the offender and the criminal result which occurred as a result of the criminal actions of the offender. It is emphasised that the prospects for further research should be detailed characteristics of the outlined elements of the specific mechanisms of each of the identified groups of criminal offences related to raiding.

Copyright of Annual of the Faculty of Law / Godišnjak Fakulteta Pravnih Nauka is the property of Pan-European University Apeiron and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Annual of the Faculty of Law / Godišnjak Fakulteta Pravnih Nauka is the property of Pan-European University Apeiron and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article is devoted to certain elements of the forensic characteristics of criminal offenses related to illegal drug trafficking. It is noted that over the past 2 years, the number of criminal offenses investigated by us has significantly increased, which requires science and practice to develop new approaches to pretrial investigation, including forensic characterization. The main elements of the forensic characterization of criminal offenses related to drug trafficking will be: the method of the crime, the object of the criminal offense, the identity of the criminal and typical traces. It has been established that the methods of committing these criminal offenses include: movement of narcotic drugs, psychotropic substances, their analogues or precursors across the customs border of Ukraine outside of customs control or with concealment from customs control; the use of funds obtained from the illegal circulation of narcotic drugs, psychotropic substances, their analogues, precursors, poisonous or potent substances or poisonous or potent medicines for the purpose of continuing the illegal circulation of narcotic drugs, psychotropic substances, their analogues, precursors, poisonous or potent substances or poisonous or strong medicines; illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues; appropriation, extortion, narcotics, psychotropic substances; illegal sowing or cultivation of hypnotic poppy; illegal introduction of narcotic drugs, psychotropic substances or their analogues into the body; tendency to use narcotic drugs, psychotropic substances or their analogues, etc. It was concluded that groups of traces of drug production, storage, consumption, and others allow for differentiated examination and effective response to various aspects of drug crime. And the detection of equipment, process materials, final product and other elements related to the manufacture of drugs becomes an important step in uncovering and stopping the activities of drug traffickers. Some traces, such as odor and microparticles, can remain with artisanal production, providing additional opportunities for detection and apprehension of criminals. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the specifics of criminal proceedings involving minors, in the context of the norms of national legislation and certain scientific works. It has been determined that the special procedural position of children in criminal proceedings is determined by the age peculiarities of these субʼєктів. The actual international standards concerning the procedure of criminal procedural activity in proceedings involving minors are considered. It is noted that at the national level, the specificity of proceedings in cases of minors is represented primarily in the isolation of the legislative regulation of criminal procedural relations with the participation of these individuals, as evidenced by the provisions of Chapter 38 of the Criminal Procedure Code of Ukraine «Criminal proceedings against minors.». During the study, the opinions of domestic scientists on the most problematic issues related to the procedural features of criminal proceedings against persons who have not reached the age of majority were analyzed. As a result of a comprehensive analysis of the legal norms of criminal procedural legislation, it was proved that certain procedures and rules of criminal proceedings are adapted specifically to the needs of minors, although their basis are general legal norms. In particular, this fact is evidenced by the dualistic representation of the interests of the juvenile suspect and the accused, the special субʼєктний composition of the participants in criminal proceedings against minors and certain specific aspects both at the stage of pre-trial investigation of juvenile crimes and during subsequent court proceedings. The article also identified a number of problematic aspects related to the implementation of these provisions at the practical level, in the context of which it is proposed to introduce certain additions and changes to the Criminal Procedure Code of Ukraine. It is considered necessary to consolidate the special principles of criminal proceedings against minors at the legislative level in the form of a separate article. The conclusion focuses on the fact that despite the existence of certain shortcomings in the legal regulation of proceedings in cases of minors, the criminal procedure legislation of Ukraine is developing in the right direction. [ABSTRACT FROM AUTHOR]

The article examines the criminal-legal and criminal-procedural status of the victim. For a person who does not have a legal education, this often becomes another test, in connection with which it is important to properly regulate the status of the victim both in criminal law and in the criminal process. The legal status of the victim under the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine differs in many respects, despite the fact that the nature of such status is the same. The peculiarities of acquiring the status of a victim in criminal law and criminal procedural law are revealed. It is emphasized that a person acquires the status of a victim in criminal law from the moment a criminal offense is committed against him, and a person acquires the status of a victim in criminal procedural law only of his own free will, if he submits a corresponding statement. Regarding acquiring the status of a victim in criminal proceedings, there are two options here - either the person himself initiates criminal proceedings regarding the offense committed against him, or the proceedings are initiated at the request of another person, and the victim later submits an application to involve him in the proceedings as a victim. Based on the results of the judicial practice research, it is argued that the fact of not involving a person as a victim in the proceedings can be challenged only when such a refusal is duly formalized - by a resolution on refusal to recognize a victim. It is argued that the criminal legal sphere requires the protection of the rights and interests of the person who suffered from a criminal offense. The proposal to guarantee the right to free legal aid for victims on the same level as suspects accused at the expense of the state, regardless of their property status, is supported. The content of the category «a person who suffered from domestic violence» is disclosed. According to the results of the analysis of the provisions of the criminal and criminal procedural legislation, it is substantiated that a person who suffered from domestic violence can not to acquire the criminal procedural status of the victim (if, for example, he does not want it), but restrictive measures against the offender can be applied in his interests. [ABSTRACT FROM AUTHOR]

Insulting the President and/or Vice President has recently been reappeared in Law Number 1 of 2023 concerning the Criminal Code (KUHP) precisely in article 218, the issue of vagueness arises because the explanation of article 218 paragraph (1) does not provide clear limits on what actions can make the President and/or Vice President feel his dignity is humiliated. The research method used is normative juridical, using a statutory approach and conceptual approach, and the analysis of legal materials in this research is grаmаticаl interpretation. The results obtained from this research are that the existence of normative vagueness of the criminal offence of insulting the President and/or Vice President is the first to cause multiple interpretations, theemergence of arbitrariness, and does not reflect the principle of clarity of formulation

Establishment and development of the economic security of the state requires taking effective measures to counteract and minimise the negative impact of criminal offences that encroach on public relations in the areas of economic activity, legal activities of business entities, professional activities of public administration entities, etc. Among such criminal offences, much attention is paid to those with signs of raiding, i.e. those related to the unlawful takeover and seizure of property, assets of enterprises, institutions, organisations, corporate rights to them and other resources, encroachment on the rights of owners or authorised persons of business entities of various forms of ownership, etc. An important role in proving and clarifying the circumstances to be proved in these criminal offences is played by expert opinions. Given the insufficient elaboration of the issues related to the appointment of forensic examinations in the course of investigation of criminal offences related to raiding, the purpose of the article is to define the range of forensic examinations which are appointed during the pre-trial investigation of the latter, and to clarify the specifics of their appointment. To achieve this goal, the article uses a range of general scientific methods, as well as some philosophical and special research methods, in particular, analysis, synthesis, systemic and structural method, forecasting method and dialectical method. Based on the results of the analysis of the investigative and judicial practice of investigating criminal offences related to raiding, it has been found that the typical expert examinations which are appointed during their investigation are forensic technical examination of a document, forensic economic examination, and forensic handwriting examination. It has been generalised that they are appointed in every second criminal proceeding of the type under study. The author identifies the factors which should be taken into account when deciding on the necessity and expediency of appointing a forensic examination during a pre-trial investigation. The article also identifies the mistakes made by the prosecution when appointing the specified types of qualified specialised investigations. Given the nature of raiders’ actions, the processes taking place in society and in the professional activities of individual participants in social relations, the author outlines the prospects for further scientific research.

The issue of combating organised crime is gaining increased attention in the context of developing comprehensive strategies for combating and preventing organised crime after the establishment of the Department of Strategic Investigations in Ukraine and its powers to bring criminal authorities to justice. The study aims to conduct a comparative study of the criminal community, in particular, to highlight the content and essence of the phenomenon, and to identify the shortcomings of the current legislation which does not provide for this form of complicity. The following methods were used in the study: systemic method – for characterising a criminal association as a type of organised crime; formal and dogmatic method – for analysing legal structures; comparative legal method – for comparing the features of a criminal association as a type of national organised crime in Ukraine and other states. The main reasons for the formation of criminal communities, their strategies, and tactics, as well as their impact on social and economic processes in society were investigated. The methods of counteracting this phenomenon at various levels, including legal, police and social, were analysed. The importance of developing an effective system of counteracting criminal communities to ensure public safety and maintain law and order was emphasised. The structure and composition of criminal communities were characterised. The strategy and tactics used by criminal communities to achieve their goals, including the organisational structure, communication channels and division of responsibilities, were studied. The interaction of criminal communities with other components of organised crime, such as transnational criminal networks, corruption, etc. was investigated. Strategies and measures to counteract and stop the activities of criminal communities were considered. The conclusions of the study can serve as a basis for developing strategies and policies in the field of combating organised crime and improving the level of security in society

The research relevance is determined by the Ukrainian candidateship European Union membership, and therefore one of its priority tasks is to adapt all legal mechanisms for regulating public relations to European standards, including in the area of criminal proceedings. The study aims to define the concept and content of international and European standards of forensic support of criminal proceedings. Comparative legal, systemic structural, and dogmatic methods were used in the study. Based on the study results, it is established that international and European standards of criminalistics support criminal proceedings covering both criminal procedural and forensic aspects. The author argues that in the criminal procedural aspect, such standards are manifested in the fact that all actions in criminal proceedings are carried out exclusively in the manner prescribed by criminal procedural legislation. A generalised statement on the fact that in the field of criminal proceedings, it is permissible to use the category of international standards for the implementation of this type of state activity in the course of its forensic support, but the procedural rules of both investigative and judicial activities cannot be brought by the international community to a single standard for all countries, since they are specific to each state depending on the system of government, legal system, historical, political and other features. The provisions of international and European standards of forensic support of criminal proceedings are also analysed, concluding that in the forensic aspect, criminal proceedings are implemented with the use of appropriate technical, tactical, and forensic support, and the allocation of such positions is of practical importance to ensure effective achievement of the objectives of criminal proceedings by the best international and European standards. The study findings can be used for further scientific research on the issues of criminal proceedings, as well as for improving the efficiency of the relevant part of Ukrainian criminal procedure legislation and law enforcement activities

This article emphasises the importance of computer models in forensics and their potential for predicting criminal activity and preventing offences in the context of military confrontation. The purpose of this paper is to determine the possibility of using computer models to analyse and predict criminal activity during military confrontation. The research employed the following methods: historical method of studying law, logical approach, qualitative method, method of analysis, and method of legal modelling. The study found that forensic modelling is mainly used at the pre-trial investigation or trial stage. The analysis of modern armed conflicts gives grounds to conclude about the high efficiency of computer modelling in preventing wartime crimes. The academic novelty is the obtained results of using computer modelling to prevent potential offences as opposed to its widespread use at the stage of pre-trial investigation. The research prospects include the possibility of the potential study of forensic computer modelling algorithms for accurate prediction of types of offences during the war. [ABSTRACT FROM AUTHOR]

The importance of criminological research is increasing nowadays. Crime is the most dangerous form of deviance and has the most severe social consequences. Combating crime would not be conceivable without the theories and knowledge of criminology. The application of theoretical knowledge in practice should be promoted in criminological research. The manifestations of crime as a socially negative and legal phenomenon are widespread, and social deviations can have completely different forms of manifestation. This is clearly supported by the findings of clinical criminology that evolved from the concept of classical criminology. Clinical criminology is a theoretical and practical study of the personality of a criminal who has committed a criminal offence in a state of mental incapacity or diminished mental capacity, and an approach to determining preventive measures and means.. [ABSTRACT FROM AUTHOR]

Keeping in mind the geopolitical developments in the first decade of the 21st century, migrant crisis, armed conflicts in Ukraine and the Gaza Strip, North African political changes and conflicts in the West, politically motivated protests in Serbia in the course of 2022, 2023 and 2024, politically motivated criminal offences - political delicts, as a neglected and forgotten category are gaining in importance. Public appearances, actions and conducts of certain social and political groups or individuals, disrespecting and violating the general social norms, dominant political system, constitutional order or an official ideology and religion, and calling for violent changes in the political system have always caused a particular reaction of the power elites through the criminal legislation and state system. The reaction of the power elites to these phenomena throughout history has been condemning and has most often led to general stigmatization and the harshest sanctions. Throughout history, before the inception, as well as after the formation of the state as a social creation, all regulated societies have considered these conducts socially dangerous and harmful, due to which they have been condemned and incriminated by regulations. The danger of political delicts directed through history against the ruling structures, social and religious systems has manifested itself in relation to the existing religious and social communities, and also to the basic values on which it was established, and, by the same token, to individual members of these communities, social classes and political elites that have established, prescribed, protected and shared these values. In accordance with the foregoing, it is quite clear that a social reaction has been developed and built up to reveal itself in different historical periods and to find expression in various manifestations of different degrees of intensity - from disapproval to formal general condemnation and sanctions. When observed through early historical epochs, the development of the criminal legal protection of the religious and social values of the society, and subsequently of the state, as a social creation, has nonetheless indisputably shown, despite all perceived anomalies of the power elites' action, how politics manifested in terms of social and political repression, sometimes having both religious and ideological tint, has been finally subjected to law after all. One of the most important achievements of the European legal culture and thought from humanism and the Renaissance to the most recent times is the establishment of the concept and legal institute of political delict, as a privileged delict - criminal offence regulated by law, in terms of general and legal culture, despite the fact that it has been limited mainly to verbal political actions in democratic states. In contrast, other politically motivated criminal offences manifested as terrorism and extremism were removed from that structure at the end of the 20th century.

The article identifies the legal grounds for exercising by an individual the right to claim compensation for damage caused by a criminal offence at the expense of the State (the State Budget of Ukraine), and analyses and identifies the specific features of such legal grounds. It has been noted that for compensation of damage caused to a victim as a result of a criminal offence at the expense of the State Budget of Ukraine, the mere commission of a criminal offence as the basis for civil liability is not sufficient. Therefore, additional grounds are such legal facts as failure to identify the person who committed the criminal offence or if such a person is insolvent. In addition, it has been noted that the right to compensation for damage to an individual who has suffered from a criminal offence arises from the moment when circumstances which make it impossible to compensate (reimburse) the damage by the person who caused it occur, and not from the moment when such damage is inflicted. The article clarifies the peculiarities of an individual's exercise of the right to compensation for damage caused by a criminal offence at the expense of the State Budget of Ukraine. Therefore, when determining the persons obliged to compensate for the damage caused by a criminal offence, it is important to distinguish between the person who actually caused the damage and the person who should compensate (reimburse) the damage (the State at the expense of the State Budget). It has been stressed that the State is not liable for the damage caused by a criminal offence. This refers to the State’s obligation to compensate for the damage caused by a criminal offence, subject to certain legal facts. The conditions for imposing the obligation on the state (the State Budget of Ukraine) are as follows: the damage (property, physical (bodily), moral (non-property)) must be caused by a criminal offence to an individual, his/her family members or close relatives; the damage is a consequence of a criminal offence; the person who committed the criminal offence has not been identified (or the person has been identified but cannot be found); the person who caused the damage must be insolvent. Ways to improve the mechanism of legal regulation of relations for compensation for damage caused by a criminal offence at the expense of the State Budget of Ukraine are proposed. The legal mechanism for compensation for damage caused by a criminal offence, with a view to ensuring the functions of civil liability, should be in the area of civil law regulation of relations for compensation for damage.

As of 2023, the issue of life imprisonment is the least regulated in Ukrainian criminal-executive law. Moreover, life imprisonment is the most controversial form of punishment, prompting research into its specific aspects. The purpose of the study is to explore problematic issues related to the rights of those sentenced to life imprisonment for short-term release from the institution serving the sentence. Various methods, including systemic-structural, analytical, comparative, and terminological, were used to achieve this purpose. An analysis of the legal status of those sentenced to life imprisonment in Ukraine concluded that these subjects of criminal-executive legal relations do not have the right to leave the prison, particularly in the presence of exceptional personal circumstances. It was also established that, according to current criminal-executive legislation in Ukraine, only specific categories of prisoners serving a sentence of imprisonment possess such a right, reflecting the essence of the punishment's purpose. The study demonstrates that it is through the regime of legal restrictions that the state has the opportunity to fulfil criminal-executive tasks, including preventing criminal offences by both convicts and other individuals. The legally established status of those sentenced to life imprisonment, especially in terms of legal restrictions, aims to deter not only recidivists but also individuals who may contemplate or prepare to commit such serious criminal offences. If, in 2002, the number of those sentenced to life imprisonment in Ukraine exceeded 100 individuals, by 2022, it had decreased to 23. It is emphasised that expanding the rights of individuals serving a life sentence may lead to social tension and pose a threat to the national security of Ukraine. The results of the study can be used in further regulatory adjustments regarding problematic aspects of life imprisonment

The purpose of the article is to reveal the essence and content of procedural costs in criminal proceedings initiated upon the fact of criminal offences committed by minors; to define the concept, essence and content of procedural costs in the current criminal procedural legislation of Ukraine; to study the problems of criminal proceedings and judicial proceedings in relation to minors; to consider the principle of procedural economy in criminal proceedings. A scientific discussion of the problem of unification of the provisions of the criminal and criminal procedural legislation of Ukraine with a view to ensuring a full pre-trial investigation, trial proceedings and determination of appropriate types of punishment for minor offenders has been presented. The concept of procedural costs in criminal proceedings in Ukraine was improved and methods of their implementation through the provisions of the national criminal procedural legislation were determined. The authors' understanding of the main distinguishing features of procedural costs is presented. The practice and legal positions of the Supreme Court regarding the limits and methods of covering the costs of proceedings have been considered. It has been established that the principle of procedural economy in the criminal justice system has been implemented by ensuring the smooth functioning of all court instances and the up-to-date comprehensive normalisation of investigative situations that may arise in the pre-trial investigation process and the selection of full investigative (research) and covert investigative (research) actions, with the aim of avoiding cases of repeated procedural measures to ensure the proper course of evidence. Results. It has been established that the procedural expenses in the criminal proceedings of Ukraine should be understood as the material damage provided by the criminal procedural legislation of Ukraine, caused by ensuring the needs of the pre-trial investigation and court proceedings, in particular, related to the process of evidence and realisation of rights, freedoms and legitimate interests of the parties and other participants in the criminal proceedings. The essence and meaning of the procedural costs are realised through the prism of the provisions of the Criminal Procedure Code of Ukraine (in particular, Article 124, which regulates the peculiarities of the distribution of the procedural costs), which ensure the protection of the state and the persons who have been the victims of a criminal offence from possible material losses that may arise in the course of conducting pre-trial investigation and trial. The main distinguishing feature inherent in the content of procedural costs is the form in which the decision to recover them is made – a court verdict or a court ruling. It has been proved that in modern conditions, in the context of criminal proceedings against minors, the following issues remain to be solved as a matter of urgency 1) improvement of the norms of criminal procedural legislation in the part of criminal proceedings against minors under the conditions of the special legal regime of martial law; 2) improvement of the personnel provision of the judicial system with regard to the selection of candidates for the position of a judge who conducts judicial review of cases of minors; 3) improvement of the procedure for carrying out investigative (search) actions in criminal proceedings initiated due to the fact of commission of a criminal offence by minors; 4) establishment of international cooperation in the pre-trial investigation of transnational criminal offences committed in complicity with minors. It was concluded that, in order to maintain the economic cycle, it is necessary to ensure a balance between the procedural costs within the framework of criminal proceedings and court costs for legal proceedings and the funds that go to the state budget. This includes, in particular, the establishment of a mechanism for compensating persons who have committed criminal offences and the normalisation of types of punishment with an emphasis on material punishment. Special attention should also be paid to improving the work of the courts of first instance in order to avoid cases being reviewed in the courts of appeal and cassation.

The research field of this study is formed by a specific reference element of criminal law, represented by the issue of the legal classification of crimes, defined as a logical-legal process that reflects a mental activity through which the interpreter of the criminal law places a prejudicial act in the pattern of the criminal law. The legal classification of the crime is a mandatory premise for the application of the criminal law by the court, thus conditioning in the most direct way the quality of the judicial act in the field of criminal law. For these reasons, the classification of crimes must express the requirements arising from the principle of criminal legality, so that the transposition into life of the criminal law is perfectly suitable and dimensioned to the will of the legislator. It is inescapable that at the basis of the correct legal classification of crimes lies the exegetical knowledge of criminal law, knowledge that must be based, first of all, on the study of the objective and subjective signs through which the legislator formulates the legal content of the crimes. Starting from these reasons, we considered it appropriate to approach how the signs of the content of the crime can be deciphered in the process of legal framing by taking into account the legislative techniques and particularities through which their description takes place within the criminal law. Therefore, the immediate objective pursued by us in carrying out this study is to provide the interpreter of the criminal law with some cognitive conceptual benchmarks, and the mediated one - to facilitate the process of legal framing of the crime in the practical activity of realizing the criminal law.

The purpose of the article is to reveal the essence and content of socio-economic elements of the state policy in the field of prevention of criminal offences against labour rights and freedoms of a person and a citizen; to consider the main methods of risk management in the construction of the crime prevention mechanism as the ways of ensuring the economic security of the state. Scientific discussion of the problem of correlation of criminal-legal, criminological and economic aspects of reduction of quantitative and qualitative indicators of such socially dangerous acts is presented. The socio-economic determinants of the studied type of crime are characterised. The authors' vision of the peculiarities of labour legislation in the conditions of martial law functioning and their correlation with the intensification of crime and the destabilisation of the economic situation in the country is outlined. The problem of the high level of migration is updated and explained from the point of view of the unsatisfactory economic situation, which complicates the process of employment of young people, and the unsatisfactory level of providing the population with higher education. The need to integrate the social aspect into the labour legislation has been demonstrated by standardising the provisions on the preferred categories of employees, the specifics of their performance of labour duties, etc. Socio-economic measures and means to prevent criminal offences against the labour rights of citizens are proposed. Results. Regulatory legal acts establishing the peculiarities of employees' performance of their labour duties have been regulated, and the Law of Ukraine "On Peculiarities of Regulation of Labour Relations under Martial Law" No. 2136-IX of 15.03.2022, which defines the procedure for interaction between the employer, the state and the employee, regarding the special legal regime, has been singled out. The article provides additional arguments in favour of the need to introduce systemic changes to the Labour Code. It is established that the socio-economic determinants of criminal offences against labour rights of citizens include the following phenomena: 1) martial law and the COVID-19 coronavirus pandemic have reduced Ukraine's investment attractiveness, leading to a fall in the labour market, the need to cut jobs and the resulting labour disputes, and the need for employers to resort to criminal violations of employees' rights (gross violation of labour laws, gross violation of an employment contract, coercion to participate in a strike or obstruction of participation in a strike, and so forth); 2) the levelling of the need for conceptual reforms of the concept of sustainable development in the current political and economic environment has led to the end of globalisation and the beginning of localisation, and, as a result, migration of the population causes the loss of labour resources and the retention of employees by illegal means (in particular, through unjustified non-payment of wages, scholarships, and more); 3) regular attacks on critical infrastructure facilities and complications in energy security increase the demand for certain professions (e.g., in the defence industry) and make others irrelevant, which leads to massive redundancies in other professions; 4) financial, technical, organisational, administrative and personnel problems in the work of commercial courts, which makes it difficult for the court to resolve disputes related to business activities.

Our intention in this study is to emphasise a few aspects relating to the need to support cyber education and to preventive goals, by informing people about the strategies in place at Union and/or national level, which reflect current realities, in relation to which each person, active entities and, last but not least, the authorities will have to act so as to identify early on any possible risks. We have also aimed to identify legislation that criminalises acts of cyber fraud, in which respect we have referred to certain articles in the criminal codes of several European countries. We consider that cyber education and legal education, regardless of the social level one belongs to, the social roles one takes on at a given time, and/or of age, are essential to setting the foundations for a cyber security culture.

Hate crimes are all those crimes based on a discriminatory motivation. The aim of this paper is to analyze the jurisprudence of the ECtHR and of other decisions adopted within international bodies classified as facts that seriously affect the democracy of the states. The OSCE named them as those crimes committed because of intolerance towards certain social groups, based on certain prejudices related to ethnicity, race, gender or sexual orientation. The main objectives are a systematic analyse of hate crimes typology, identifying good practices in fighting them, and revealing the social inequities and the differences based on ethnicity or religion that are often a cause for the creation of xenophobia, as evidenced by the events that took place in Transylvania between Protestants and Northern Irish Catholics, in Algeria during French rule, between African Americans in America, whites and Hispanics, during the apartheid period in South Africa, and last but not least, in Europe between Christians and Jews or between Roma and the rest of the population.

Copyright of Acta Universitatis George Bacovia. Juridica is the property of George Bacovia University, Faculty of Sciences Economics, Juridical & Administrative and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Acta Universitatis George Bacovia. Juridica is the property of George Bacovia University, Faculty of Sciences Economics, Juridical & Administrative and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article analyzes the rhetoric of Volhynian court records based on accusations of criminal offences. The focus is on how these sources were constructed by the interested parties, and on how the szlachta culture of violence affected this process. The author explores the arguments that the noblemen presented to reclassify criminal offences as “regular offences.” Concomitantly, she analyzes the performativity of trials as the public stage where the values treasured by the community were articulated, debated and relayed to the interested parties. This constructed “reality” formed the vision of the norm and possible life strategies of noblemen. Circulating in the court and the community, it affected the proceedings of trials and the actors’ actions outside courtroom, for example, by forcing the accused whose honor was insulted by the accusations to react according to the conventions accepted by the community. In the culture where any offence, be it real or imagined, demanded defending one’s honor, a trial was just a part of a conflict and its resolution. [ABSTRACT FROM AUTHOR]

The article is devoted to the issue of causing harm to pharmaceutical activity as an object of criminal law protection. As the author notes, the current legislation regulating the procedure for pharmaceutical activity contains certain guidelines for determining harm to the specified social values or its individual fragments. In the opinion of the author, characterizing the formation of harm "within" pharmaceutical activity as an object of criminal law protection and its consideration in the composition of criminal offenses, it is necessary to determine the types of actions that affect pharmaceutical activity and lead to its violation - formation in it or in certain types of damage to its individual "components". The author consistently proves that the aspects of influence on pharmaceutical activity, which give the committed act the properties of public danger, should be associated with various indicators of damage caused to pharmaceutical activity as an independent object of criminal law protection. [ABSTRACT FROM AUTHOR]

Geopolitical challenges and potential integral threats have put the issue of developing strategies and tools to counter risks and strengthen security on the agenda. The purpose of the study is to conduct a comprehensive assessment of the areas of criminal law development in the context of increasing national and international security. The study uses generalisation, analysis, systematisation, and deduction methods. The study assesses the impact of the Russian invasion of Ukraine, which, using the example of specific illegal actions in Latvia, revealed real risks for the national security of Latvia and the Baltic region. The paper considers crimes related to the violation of bans on participation in armed conflicts, organisation and conduct of military-tactical exercises, and the inadmissibility of assisting a foreign state in an act aimed against another state. Ultimately, such a review reveals the importance and real threat of these criminal offences to state security and identifies approaches for improving legislation in this area. The crime of "espionage" is investigated, which ultimately outlines the structure of such an illegal act and its danger. Considerable attention is given to the examination of torture as a crime against humanity, which is done based on national and international legislation. As a result, the evolution of this criminal offence is considered, various approaches to defining this phenomenon are evaluated, sadism as a particular form of torture is investigated, a classification of similar acts is created, and various types of consequences that could be caused during such a crime are formulated. The practical value of the study lies in the possibility of law enforcement agencies using the findings to form effective strategies for developing modern political and legal tools to prevent international threats. [ABSTRACT FROM AUTHOR]

From year to year, drug abuse is growing at a high rate, slowly becoming a very disturbing phenomenon for man and society itself, perhaps their effects on all are quite harmful to human health. In this regard, local and international institutions must do their best to prevent this negative phenomenon, perhaps their negative effects are multideional. In this paper, some issues related to drugs will be elaborated, with special emphasis in the Tetovo region. Among other things, some statestic data obtained from the Tetovo Internal Affairs Sector, which belongs to the period 2021-2023, related to adequate submissions against persons involved in incriminating activities of this nature, types of drugs and their quantity. In the course of the paper, the analysis method, statestic method, comparative method, observation method, etc. will be used. In conclusion, some concrete conclusions and recommendations will be made that should be taken into account in the fight against this type of crime. Given the negative effects of the use of narcotics in society, this work aims to increase awareness among state officials especially those who are called to fight criminality to be more responsible in carrying out official authorizations and duties. Also this paper provides knowledge to ordinary citizens not to fall prey to manipulations that affect the use or distribution of narcotics. In this regard, we hope that the work in question, however little, represents a modest contribution to scientific and practical rafhs. [ABSTRACT FROM AUTHOR]

Economic crime is the negative phenomenon that is encountered in all economic and political systems of countries regardless of their level of development. This is because in individuals and groups of individuals during the historical period there has always been a tendency to get rich in the easiest and shortest way, taking on themselves the risks that can result from those behaviours. Economic crime is considered one of the most serious forms that in the first order harms the state economy. Despite numerous attempts to give a comprehensive definition of economic crime, so far no such thing has been achieved, which shows the complexity of this phenomenon. In this paper, some definitions and characteristics of economic crime will be elaborated, then some states data on this type of crime in the Tetovo Internal Affairs Sector for 2021 and 2022 will be analyzed. In the course of the paper, the analysis method, statestic method, comparative method, observation method, etc. will be used. In conclusion, some concrete conclusions and recommendations will be made that should be taken into account in the fight against this type of crime. [ABSTRACT FROM AUTHOR]

Based on the analysis of the doctrinal provisions and provisions of the current legislation of Ukraine, the author notes that certain sanctions of the main (basic) criminal offences against security activities have the following disadvantages 1) contradictory construction of sanctions of certain articles of the Special Part of the Criminal Code of Ukraine without taking into account the procedure and peculiarities of imposing certain types of punishment in relation to certain categories of persons (definition of such punishment as correctional labour in the sanctions of Part 1 of Article 381, Part 1 of Article 387 of the Criminal Code of Ukraine); 2) regulation in certain sanctions of the criminal law provisions under consideration of only one type of basic punishment (sanction of part 1 of Article 380 of the Criminal Code of Ukraine - imprisonment for up to five years; 3) the nature and degree of social danger of the criminal offence envisaged in the disposition of the article is not always taken into account in the construction of sanctions of the said criminal law prohibitions (an example of this shortcoming is the sanction of part 1 of Article 387 of the Criminal Code of Ukraine, since in case of violation of this prohibition only one punishment can potentially be individualised - a fine, the severity of which hardly corresponds to the degree of social danger of this unlawful encroachment; 4) sanctions for basic, qualified and especially qualified corpus delicti of criminal offences are not always consistent. For example, parts 2 and 3 of Art. 387 of the CC of Ukraine provide for the same minimum and maximum terms of mandatory additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities (up to three years) for different, depending on the degree of their social danger; 5) the problem of substitution in the sanctions of part 2 Art. 381, Art. 387, Art. 396(1) of the CC of Ukraine replacing the punishment in the form of arrest with the punishment in the form of probationary supervision. These shortcomings of regulatory and legal certainty in the sanctions for the mentioned main (basic) criminal offences against security activities need to be addressed either by clarifying criminal legislation in terms of regulating the relevant sanctions or by taking into account the recommendations made in this publication when imposing certain types of punishment for these criminal offences. [ABSTRACT FROM AUTHOR]

The article, through a systematic interpretation of the legislation, defines a list of officials who belong to "persons authorized to do so by law", in the sense of the subject of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine, who have the authority to report persons of suspicion, namely, an inquirer and a detective. The topicality of this research is due, first of all, to the lack of thorough research on the subjects of the attracting a deliberately innocent person to criminal responsibility, except for the investigator and the prosecutor, since for a long time in the national criminal procedural legislation only the investigator and the prosecutor had the appropriate authority to report a person of suspicion. After the introduction in our state of the institute of inquirers, as well as detectives in the science of criminal law, not enough attention was paid to these special subjects of a criminal offense specifically under Article 372 of the Criminal Code of Ukraine, so the article consistently analyzes their status and authority. Have been considered similar and distinctive features in the procedural status of the investigator and inquirer. Have been determined that the criminal procedural legislation does not provide for the right of inquirers to be served with a written report of suspicion, which causes different understanding and implementation in practice of the procedure of attracting to criminal responsibility for committing criminal misdemeanors. The status of the detective as a new phenomenon for Ukrainian realities within such bodies as the National Anti-Corruption Bureau of Ukraine and the Bureau of Economic Security of Ukraine was also researched. The set of powers of the detective has been singled out as a symbiosis of a person authorized to conduct both pre-trial investigation and operational search activities, and it also has been emphasized the possibility of attracting the detective to criminal liability under Article 372 of the Criminal Code of Ukraine when he was actually exercising the powers of an investigator. Based on the results of the research, the necessity of making changes to the provision of Article 372 of the Criminal Code of Ukraine, namely the definition of the closed list of subjects of criminal offenses - "prosecutor, investigator, detective, inquirer" has been substantiated. [ABSTRACT FROM AUTHOR]