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Background: It is noteworthy that there is an increase in medical lawsuits filed against nurses in Turkey and in the rest of the world. The purpose of this article is to examine nurses' criminal liability and senior nursing students' awareness of these responsibilities. Methods: All senior students (n = 309) of the Faculty of Nursing who were studying in the 2020–2021 academic year of the university constituted the population of the research. The study was completed with 300 students who were studying between the dates of the research and who agreed to participate in the research. Data was collected online via Google Forms. The data obtained from the research was analyzed with the program SPSS 20. Numbers and percentages, averages, and chi-square tests were used to evaluate the data. Results: This article provides an overview of nurses' criminal liability and senior nursing students' awareness of these responsibilities. The article offers striking implications regarding the awareness of trainee nurses who have not yet started their careers regarding the criminal liability of nurses. Conclusion: The result of our research clearly revealed that the majority of senior nursing students have insufficient knowledge about professional criminal responsibilities, that they are not aware of their duties, powers, and criminal responsibilities as defined in legislation, and that they do not know the types of criminal responsibilities. [ABSTRACT FROM AUTHOR]

In this paper, we introduce a perspective based on a comparative viewpoint on the Colombian Penal Code and a theoretical approach to neurolaw and criminal responsibility in contexts of marginality and extreme poverty. We present a further response to the debate on how structural injustice impacts criminal responsibility. By offering a comparative and theoretical insight, this paper enriches the debate and provides an understanding of how legal systems might address these issues. The paper then suggests that other legislations can follow the rule of Article 56 of the Colombian Penal Code, which reduces punishment in circumstances of marginality, ignorance, or extreme poverty. Utilizing neuroscience findings, we briefly highlight the interplay between structural injustice and neurobiological vulnerabilities, emphasizing the complexity of the role of incarceration and criminal law in marginalized populations. We invite scholars to consider debates on alternatives to criminal law, the reduction of prison use and mass incarceration, as well as further remarks on the problem of free will. In this paper, we seek to bridge the gap between neuroscientific insights and socio-legal ethics to foster a more equitable and humane system of justice. [ABSTRACT FROM AUTHOR]

Frontotemporal dementia (FTD) is one of the most prevalent forms of early-onset dementia cases and a kind of primary degenerative dementia. Assessment of criminal responsibility is one of the most important issues for forensic psychiatry due to the help of justice. A 55-year-old male who allegedly committed an offense of threat and libel to a doctor was referred to the psychiatric clinic at our hospital by the prosecution office for the evaluation of his criminal responsibility. Seventeen years ago, he suffered severe head trauma. After this trauma, his mental and behavioral problems began to develop. It was realized that his ability to think abstractly, reasoning, and reality testing are impaired. Brain magnetic resonance imaging revealed atrophy characterized by sulcal widening and brain parencymal volume loss, which are more prominent in the bilateral frontal and temporal lobes. Additionally, disinhibited behaviors in his medical history such as verbal violence and suddenly leaving the house were noticed. A diagnosis of frontotemporal dementia was made. We understood the onset of symptoms of our case began when he was 40-year-old from the medical records. With this aspect, our case has a remarkably young age of initiation of symptoms. The purpose of this case report is to draw physicians’ attention to the medical symptoms and medicolegal consequences of a patient with early-onset FTD. [ABSTRACT FROM AUTHOR]

Generative AI is increasingly being used, among others also in the professional media industry. This article provides an overview of the main ethical and legal challenges regarding content generated by, or with the help of generative AI. Among the ethical challenges, special attention is devoted to the development of journalistic standards. The legal discussion highlights the questions of civil and criminal responsibility regarding content, with a primary focus on the attribution of liability. It scrutinises the roles of deployers, assessing their contributions to the final product. It suggests that all human participants' contributions should be accordingly acknowledged, potentially necessitating the creation of novel categories such as hybrid authorship and shared responsibility. [ABSTRACT FROM AUTHOR]

Many medical procedures involve the causation of serious injury by doctors to their patients. Yet when accepted as ‘proper medical treatment’, doctors incur no criminal liability for their actions, per the ‘medical exception’ in criminal law. This exception is well established; its scope much less so. This article seeks to clarify the scope of the medical exception. First, it examines whether legal authority provides an explicit principle for determining the scope of the exception, arguing that no such explicit principle can be found. Second, it seeks to identify an implicit principle: a property shared by interventions that fall within the medical exception, which distinguishes them from interventions without. It considers three candidates, based on physiological, objective psychological, and broad welfare benefit, arguing that none fully succeeds in accounting for the medical exception's scope. The article then considers some implications, an objection, and some remaining problems for future research to consider. [ABSTRACT FROM AUTHOR]

Following transitions from authoritarianism, newly democratic governments confront the challenge of dealing with individuals who served the former regime. A prominent argument in the transitional justice literature holds that it is best not to exclude such individuals and to take advantage of their expertise in rebuilding a democratic system. A critical question in this context is whether former collaborators will act in ways that are sufficiently similar to untainted officials. We examine this question by focusing on judges with ties to the Nazi regime in the West German judiciary. We demonstrate that accused Nazi criminals who were charged in courts staffed with a greater proportion of tainted judges had substantially higher odds of escaping conviction. We also show that the appeals process was not able to eliminate this bias. These findings have direct implications for the trade-offs involved in retaining individuals with ties to an authoritarian regime and the connection between transitional justice and the rule of law. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Modern Science is the property of Alcide De Gasperi University of Euroregional Economy 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 Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)

Dementia in its various forms causes progressive cognitive decline and associated behavioural changes. If a person with dementia commits a criminal offence, complex challenges can occur at all stages of the criminal justice process, including assessment of fitness to stand trial, determination of criminal responsibility if found to be fit and appropriate sentencing and placement if convicted. The timing and accuracy of a dementia diagnosis can impact legal outcomes and potentially lead to miscarriages of justice. This article analyses the intersection between dementia and criminal law, with a focus on sentencing. It is well established that an offender’s mental impairment or ill health may mitigate any sentence imposed, but dementia poses a significant dilemma for courts in determining moral culpability and appropriate sentencing options, particularly for serious crimes. The unique neurodegenerative nature of dementia makes it difficult to apply the traditional purposes of sentencing and raises the need for alternative solutions. [ABSTRACT FROM AUTHOR]

Background: Physician responsibilities are essential, especially regarding the malpractice risk in medical practice. The use of surrogate doctors in private clinics raises questions about criminal liability, especially in the event of malpractice. Substitute doctors are expected to provide services according to the standards of primary doctors, but the relevant regulations are not fully clear. Purpose: This study analyzes criminal liability in malpractice committed by substitute doctors. Methods: The research uses normative legal methods with a juridical approach. Results: The study's results showed that the surrogate physician was obliged to provide clear information to the patient if the primary physician could not carry out the practice. In addition, a substitute doctor must have a Registration Certificate (STR) and a Practice License (SIP). Criminal liability for substitute doctors in malpractice cases arises if there is negligence, carelessness, or violation of standard operating procedures (SOPs) that cause severe injury or death of the patient, as stipulated in Article 84 of Law No. 36 of 2014. Conclusion: Regulation related to surrogate doctors must be improved to ensure better legal protection for patients in private clinics. [ABSTRACT FROM AUTHOR]

The U.S. criminal legal system is notoriously racialized. Though Black and Latinx people make up less than 30% of U.S. residents, they constitute more than 50% of the nearly two million people currently in U.S. prisons and jails. For decades, research has indicated that one group of decision-makers has had an outsized influence on these numbers: prosecutors. From whom to charge to what sentences to recommend, no actor plays a greater role in determining who goes to prison in this country. Highly subjective and lacking in formal guidance and accountability, prosecutorial decisions are especially vulnerable to racial bias. They are also cloaked in secrecy. Data about how and why prosecutors make decisions often does not exist or is shielded from public view. As a result, it has been nearly impossible to determine the extent to which prosecutors’ decisions contribute to racial disproportionality in the criminal legal process, let alone whether such decisions are the product of racial bias. This Essay argues that prosecutors’ offices must collect, maintain, and publish standardized data on the bases of their charges, declinations, plea offers, and resolutions if we are to ever understand and address vectors of racial bias in the criminal legal system. Contextualizing this “call for data” within two case studies—one on the racialized impact of felony murder and accomplice liability murder laws and the other on the California Racial Justice Act—we demonstrate how prosecutorial data transparency would enable researchers, advocates, and policymakers to better identify and remediate racial bias in decision-making. Data transparency would also promote prosecutorial accountability both internally and externally. Legislative efforts to implement data transparency must address privacy and surveillance concerns, especially since prosecutorial data transparency would expand a carceral source of information. At the same time, the consequences of data opacity are already shaping case outcomes. In this way, data transparency provides one remedy for currently unchecked systems, and serves as a step towards data justice. [ABSTRACT FROM AUTHOR]

Notaries as public officials have significant legal responsibilities in making authentic deeds. This research aims to analyze the legal procedure for summoning a notary as a witness in a case of alleged fraud or embezzlement. The research method used is normative research, by analyzing relevant laws and literature regarding the criminal responsibility of notaries based on Law Number 2 Year 2014. The results show that the summoning of notaries as witnesses by investigators must fulfill the provisions stipulated in the law, including approval from the Notary Honor Council. In addition, there are significant differences in the procedure after the issuance of Constitutional Court Decision Number 49/PUU-X/ 2012. This research emphasizes the need to evaluate regulations related to summoning notaries to ensure independence and speed up the legal process. The implications of the findings include increased awareness of notaries and socialization to the public regarding their roles and responsibilities. This research shows the importance of increasing notaries' awareness of their legal responsibilities and the need for reform of legal procedures to speed up the summoning and examination of notaries. In addition, strengthening regulations and socializing to the public regarding the role of notaries can help prevent errors in the making of authentic deeds. [ABSTRACT FROM AUTHOR]

The #MeToo movement and social media have increased public awareness of sexual violence, particularly when committed by high-profile celebrities. Presently, we are within a unique sociocultural space, often referred to as "cancel culture," in which perpetrators of sexual violence may face increased accountability. However, "cancelation" is not equally applied to all perpetrators. The purpose of this study was to explore the roles of perpetrator likeability and tactic (i.e., force and coercion) on the degree to which perpetrators are "canceled" (i.e., held accountable through personal, professional, and legal repercussions) for sexual assault. Among a sample of 238 participants, results of this experimental vignette study revealed that perpetrators viewed as unlikeable received more blame than those who were likeable or described in a neutral manner, with the survivors in the likeable perpetrator and neutral scenarios receiving greater blame. Moreover, perpetrators who used coercion were less likely to be blamed and be held accountable than those who used force, with the survivors in the coercive scenarios receiving greater blame. No interaction effects emerged between likeability and tactic, suggesting that the main effects operate independently of one another. Though the #MeToo movement and cancel culture have created cultural change in the United States, the findings from this study suggest that perpetrators continue to be held less accountable, so long as they are not unlikeable and do not use force. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Sharia & Law is the property of United Arab Emirates University, College of Law, Sharia & Law Journal 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.)

This study explores the significance of juvenile personality in criminal proceedings within Kosovo's legal framework, emphasising juveniles' unique psychological, social and biological development stages and their impact on criminal behaviour. Despite the global interest in juvenile justice, there is a notable gap in literature specific to Kosovo, particularly concerning the consideration of personality traits and cognitive maturity in legal processes. Through an analysis of the Code of Juvenile Justice and the Code of Criminal Procedure, along with case studies and interviews with police, prosecutors, judges and psychologists, the research addresses this gap. Key findings highlight that while Kosovo's legal framework provides robust protections for juveniles, practical challenges include delayed identification, insufficient privacy enforcement and resource constraints. The study underscores the importance of psychologist involvement during interrogations and the need for age-appropriate communication. Additionally, it points out the limited number of specialised personnel and rehabilitation institutions as major obstacles. The research advocates for enhanced training, increased resources and a review of current sanctions to ensure the juvenile justice system prioritises rehabilitation over punishment. This study aims to improve the understanding of juvenile personality in legal proceedings, promoting fair and just treatment for young offenders. [ABSTRACT FROM AUTHOR]

Copyright of Socrates. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law is the property of Sciendo 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.)

Machines powered by artificial intelligence (AI) are increasingly taking over tasks previously performed by humans alone. In accomplishing such tasks, they may intentionally commit 'AI crimes', ie engage in behaviour which would be considered a crime if it were accomplished by humans. For instance, an advanced AI trading agent may—despite its designer's best efforts—autonomously manipulate markets while lacking the properties for being held criminally responsible. In such cases (hard AI crimes) a criminal responsibility gap emerges since no agent (human or artificial) can be legitimately punished for this outcome. We aim to shift the 'hard AI crime' discussion from blame to deterrence and design an 'AI deterrence paradigm', separate from criminal law and inspired by the economic theory of crime. The homo economicus has come to life as a machina economica , which, even if cannot be meaningfully blamed, can nevertheless be effectively deterred since it internalises criminal sanctions as costs. [ABSTRACT FROM AUTHOR]

The general mitigating and aggravating circumstances of criminal liability are elements attached to the crime that, when they occur, affect the punishment quantum. Cuban criminal legislation provides a catalog of such circumstances and some general conditions for their application. Such norms give judges broad discretion in assessing circumstances and adjusting punishment based on the intensity of those circumstances. In the interest of broad judicial discretion, the law does not establish specific ways for measuring circumstances' intensity. This gives judges more freedom and autonomy, but it also imposes on them more social responsibility and challenges them to manage the uncertainty and subjectivity inherent in this complex activity. This paper proposes a model to aid the linguistic assessment of circumstances' intensity and to provide linguistic and numerical recommendations to determine an appropriate punishment interval. M-LAMAC determines the collective evaluation of circumstances of the same type, determines the prevalence of a type of circumstance by means of a compensation function, recommends the required modification in the input interval, and finally recommends a numerical interval adjusted to the judges' initially expressed preferences. The model's applicability is demonstrated by means of several experiments on a fictitious case of bank document forgery. [ABSTRACT FROM AUTHOR]

Big Tech holds out a mythology of exceptionalism – promising disruption and innovation, operating on a pristine, otherworldly, abstract, imaginary plane – that is, the immaterial rather than the material. It holds itself out as different and separate from the ‘old’ economy and its concerns about material harms to people and the environment. Whilst there is increasing recognition of the harms of Big Tech, even these seem to be exceptional and epic, posing threats to democracy and our souls. This article argues against glamour of exceptionalism by Big Tech and instead contends that Big Tech epitomises problems of ascribing criminal liability to corporations – on steroids. This article aims to disrupt the myth and cultural imaginary of Big Tech as exceptional by teasing out various themes of legally enshrined corporate irresponsibility to highlight commonalities and to argue that corporations (including those that are part of Big Tech) urgently need to be regarded and regulated as criminal legal subjects. Far from exceptional and immaterial, Big Tech operates by a familiar playbook that enables it to externalise banal, routine harms that can and should be the subject of law. [ABSTRACT FROM AUTHOR]

Courts often rely on video evidence, assuming it accurately shows important legal details. Yet, studies suggest that video isn't inherently "objective" and people, including legal professionals, might misinterpret its objectivity due to video quality or context. This study aimed to explore how video speed variations and contextual information affect judgments of responsibility in a video portraying a bus assault. The study employed a 5 × 3 mixed design, with video speed (Very Slow, 0.88x; Slow, 0.96x; Neutral, 1.00x; Fast, 1.04x; Very Fast, 1.12x) as a between-subject variable, contextual information (Hit, Harm, Kill) attributed to the perpetrator's action as a within-subject factor, and dimensions of accountability, predictability, criminal intent, and severity as dependent variables. ANOVA results from a sample of 300 participants (60 per video speed condition) revealed that the highest levels of accountability, criminal intent, and predictability were attributed when the contextual information was "hit" as compared to the "harm" and "kill" actions. Furthermore, the greatest difference in accountability and criminal intent scores for the kill action was between the very fast and very slow conditions. These findings raise significant concerns about the use of video evidence in criminal proceedings, as video speed manipulation and contextual information can have a substantial impact on responsibility judgments. [ABSTRACT FROM AUTHOR]

MAS's first instance decisions in sentenced him to prison and fined him for violating Article 39 paragraph (1) letter i of Law Number 16 of 2009 and acknowledged his VAT debt settlement. At the judicial review level, the criminal fine of 3 times the VAT owed was not proportional (double jeopardy) and the VAT was overpaid, and the Prosecutor was ordered to return it to the defendant MAS, but the person was still criminally guilty. Additionally, the value-added tax law extends the destination principle to stateowned firms. The analysis shows that the defendant MAS's actions constitute administrative tax acts due to the broadening of the destination principle in Article 16A of Law Number 42 of 2009. [ABSTRACT FROM AUTHOR]

Highlighting significant issues within the Indonesian legal system, particularly concerning the profession of advocates. After the enactment of Law Number 18 of 2003 concerning Advocates (the Advocate Law), the Indonesian Advocates Association (PERADI) was initially mandated as the sole organization authorized to appoint and swear in advocates. This was intended to create legal certainty and establish uniform standards for the legal profession. This situation has been complicated by varying court rulings, with some decisions recognizing the authority of organizations other than PERADI to appoint and swear in advocates, while others adhere to the Advocate Law, which exclusively grants this authority to PERADI. The diversity of court rulings reveals sharp differences in legal interpretation, leading to doubts about legal validity. This research aims to examine and analyze the legal certainty regarding which advocate organizations are authorized to carry out the appointment and swearing-in of advocates. The research employs a normative juridical approach. The findings suggest that any actions taken by advocate organizations other than PERADI, which appear to utilize one of the eight powers granted to PERADI by the Advocate Law, including proposing the Advocate Oath to the High Court, constitute unlawful acts that harm PERADI as the sole entity entitled to such authority. These actions can be subject to legal accountability in both criminal and civil domains. This research is expected to provide comprehensive recommendations for improving the advocate legal system in Indonesia. [ABSTRACT FROM AUTHOR]

This article presents the findings of a state-of-the-art analysis of Ukrainian legislation in the field of combating organized crime. The authors focus on specific features of meeting Ukraine’s obligations under the United Nations Convention against Transnational Organized Crime, as well as implementing the provisions of the National Security Strategy of Ukraine (2020), the Strategy of Safeguarding State Security (2022) and the Strategy for Combating Organized Crime (2020). The special services of some foreign states continue intelligence and subversive activities against Ukraine, try to feed separatist sentiments, and use organized criminal groups and corrupt officials to strengthen their influence. In this context, the authors emphasize the need to safeguard state security by intensifying the fight against terrorism and organized crime, and counteracting the erosion of the state apparatus and local self-government bodies, which occurs due to the spread of systemic corruption in state bodies. The authors conclude that Ukraine lacks a systematic approach to combating organized crime, which is manifested through an inadequate level of interaction among law enforcement agencies in the relevant fields, an outdated and unbalanced regulatory framework for combating organized crime, an imperfect procedure for monitoring the criminogenic situation, a lack of a consolidated objective methodology for assessing threats from organized crime, and a reliance on obsolete forms and methods of combat. These factors aggravate problems related to organized crime and the low level of effectiveness of the fight against it. There is a need to consider the establishment of special bodies combating organized crime and the division of the fight against organized crime into strategic and tactical levels. The authors propose to entrust the fight against organized crime at the strategic level to a special-purpose state body with law enforcement functions.

Abstract Background It is noteworthy that there is an increase in medical lawsuits filed against nurses in Turkey and in the rest of the world. The purpose of this article is to examine nurses’ criminal liability and senior nursing students’ awareness of these responsibilities. Methods All senior students (n = 309) of the Faculty of Nursing who were studying in the 2020–2021 academic year of the university constituted the population of the research. The study was completed with 300 students who were studying between the dates of the research and who agreed to participate in the research. Data was collected online via Google Forms. The data obtained from the research was analyzed with the program SPSS 20. Numbers and percentages, averages, and chi-square tests were used to evaluate the data. Results This article provides an overview of nurses’ criminal liability and senior nursing students’ awareness of these responsibilities. The article offers striking implications regarding the awareness of trainee nurses who have not yet started their careers regarding the criminal liability of nurses. Conclusion The result of our research clearly revealed that the majority of senior nursing students have insufficient knowledge about professional criminal responsibilities, that they are not aware of their duties, powers, and criminal responsibilities as defined in legislation, and that they do not know the types of criminal responsibilities.

The aim of the article is to describe the legal situation of minors in Poland in the context of new legal regulations. The authors present the new Act on the Support and Rehabilitation of Juveniles, the changes introduced and new institutions dealing with the rehabilitation of juveniles. The text is an attempt to assess the adopted new solutions in the context of the maturity of juveniles, their personal and psychological development, and awareness of the acts committed by juveniles. The authors refer to the data to present the scale of juvenile delinquency both during the "old" Juvenile Justice Act of 1982 and the "new" Juvenile Justice Act of 2022. The text is a kind of discussion on the adopted solutions and their evaluation by the authors, which should encourage reflection and the readers' own reflections. The text presents statistical data referring to the specificity and scale of juvenile delinquency both during the old and the new act.

The purpose of the article is to identify the peculiarities of combating collaborationism in the context of armed conflicts and to highlight the main areas for improving criminological policy in this area. It is established that collaborationism, in a broad sense, is a complex criminal phenomenon that arises as a result of the interaction of subjects of the communication process (individuals, certain organisations) or voluntary or forced cooperation with the aggressor. In a narrow sense, it is an act, the characteristics of which are defined, in particular, in Art. 111-1 of the Criminal Code of Ukraine and which undermine the national security of Ukraine, pose a direct threat to the state sovereignty, territorial integrity, constitutional order and other national interests of Ukraine, and/or constitute conscious, voluntary and deliberate cooperation with the enemy in its interests and/or to the detriment of the state and its allies in the form of public denial by a citizen of Ukraine of armed aggression against Ukraine, establishment and confirmation of the temporary occupation of a part of the territory of Ukraine, or public calls by a citizen of Ukraine to support the decisions and/or actions of the aggressor state, armed formations and/or occupation administration of the aggressor state, to cooperate with the aggressor state, armed formations and/or occupation administration of the aggressor state, not to recognise the extension of the state sovereignty of Ukraine to the temporarily occupied territories of Ukraine. It is emphasised that with the entry into force of the Laws of Ukraine "On Criminalisation of Collaboration" and "On Amendments to the Criminal Code and the Code of Criminal Procedure of Ukraine to Improve Liability for Collaboration and Peculiarities of Application of Preventive Measures for Crimes Against the Fundamentals of National and Public Security" (2022), Ukraine has generally created a legal framework for preventing collaboration in the state. Results. The analysis has revealed the existence of problematic issues in countering collaboration in the current context of the armed conflict in Ukraine and allowed to propose ways of solving them, in particular the need to amend the sanctions of the Criminal Code to classify collaboration as a serious crime, since according to the Criminal Procedure Code the vast majority of covert investigative actions are carried out exclusively in criminal proceedings for serious or particularly serious crimes. These amendments will make it possible to properly document the criminal actions of "collaborators" and to significantly expand the legal scope of evidence collection in these crimes to include not only educational, but also cultural, athletic and sports institutions in the scope of collaboration, which will make it possible to investigate the dissemination of information in educational, cultural, sports and physical culture institutions aimed at distorting facts, historical culture and/or events, as such assimilation of Ukrainian children may lead to the loss of their national identity. It is expedient to change the construction of the provision, which is in line with the principle of legal certainty, and define the prohibited types of legal activities. Such a list is also provided for in the Law of Ukraine "On Ensuring Civil Rights and Freedoms, and the Legal Regime on the Temporarily Occupied Territory of Ukraine" (2014); Article 111-1 of the Criminal Code of Ukraine provides for alternative jurisdiction for pre-trial investigation of a criminal offence. In particular, in criminal proceedings on collaboration, the pre-trial investigation is carried out by the investigator of the body that initiated the investigation.

Almost every juvenile offender is diagnosed with one or more categories of mental disorders. Currently, the role of psychology at the police level in handling juvenile offenders serves as a supplementary element when deemed necessary, as stipulated in Article 27 of Law No. 11/2012. This forensic psychology process provides the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. By producing assessments, forensic psychologists offer law enforcement agencies a basis for making informed decisions regarding criminal responsibility and appropriate measures for juvenile offenders. This article focuses on the influence of psychology on criminal responsibility and the role of forensic psychology in determining criminal responsibility during the investigation of juvenile offenders. The research method employed is normative-legal research. The findings indicate that the element of fault is synonymous with the element of criminal responsibility, with fault being fundamentally psychological. The central role of clinical psychologists in evaluating criminal responsibility for juvenile offenders involves obtaining and providing the legal system with clinical data and analyses of the defendant's mental function, mental status, and capacity at the time of the alleged crime. This includes determining whether the defendant was suffering from mental disorders, mental illness, mental disabilities, or mental retardation at the time of the alleged crime. The emphasis is on documenting criminal histories related to the emotional or mental condition of juvenile offenders.

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 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 focuses on the issues of criminal liability for offenses related to encroachment on the activities of state and public figures in Ukraine. The scientific review demonstrates that the science of criminal law has not paid sufficient attention to a comprehensive study of liability for such offenses. The purpose of this study is to comprehensively examine the forms and content of criminal liability for such offenses, their regulatory reflection, and to identify the problems of their application in practice. The author emphasizes that effective criminal law protection of the activities of these persons should be based on a combination of criminalization and penalization, where the availability of relevant provisions in the law is only the initial stage. The article examines various types of criminal offenses, from misdemeanors to especially serious crimes, which are, in particular, provided for in Articles 112, 163, 344, 346, 351, 351-1, 351-2 of the Criminal Code of Ukraine and analyzes the sanctions provided for these offenses. The analysis of these sanctions shows a fairly wide range of types of punishment, the availability of alternatives for individualization and adequacy of criminal law impact, and a combination of basic and additional types of punishment. As a result of the study, the author comes to the conclusion that there is no system and no coordination of vertical and horizontal links of the analyzed criminal offenses. The uniqueness of the article lies in its systematic approach to the analysis of criminal liability for offenses encroaching on the activities of state and public figures. The author focuses on the analysis of sanctions, studying the proportionality and sufficiency of punishments, systemic legal relations between criminal law provisions, and the practice of application of these provisions by Ukrainian courts. This article focuses on the problem of the low level of actual implementation of the existing criminal law provisions containing liability for encroachment on the activities of state and public figures. The author proposes to reconsider approaches to the formation of criminal legislation in general, excluding unjustified special rules and using other means of differentiating criminal liability. The article not only identifies the existing problems but also suggests ways to solve them, in particular, recommends clarifying legislative provisions and improving law enforcement mechanisms. The relevance of the study is stipulated by the need to increase the effectiveness of criminal prosecution in today's difficult conditions, which is important for ensuring criminal law protection of activities of state and public figures in Ukraine. [ABSTRACT FROM AUTHOR]

In the article the author examines the acts which are considered to be fraudulent in the field of banking. The purpose of the study is to define the concept of fraud in the field of banking, the acts which are related to it, and to formulate proposals to the Criminal Code of Ukraine based on a thorough analysis of the provisions of current criminal law and scientific sources. The author notes that fraud in banking poses a threat to banking in particular and the economy in general, since their commission entails rather serious negative consequences and affects the entire financial and economic security of the State. To ensure the efficient operation of banking institutions and their financial security, it is necessary to develop and implement an effective fraud detection and prevention system. This includes the use of advanced software solutions and compliance with security standards when working with electronic payment systems, identifying potential threats and using appropriate measures to prevent and deter fraud in the banking sector. The article notes that in order to effectively prevent fraud in the banking sector, it is necessary to first understand its essence, define the definition of this concept and generally characterize the actions which are the objective side of criminal offenses related to the commission of the analyzed types of fraud. On the basis of a thorough legislative, regulatory and scientific study and harmonization of the very definition of «fraud in the field of banking», the author proposes amendments and proposals to the Criminal Code of Ukraine. Based on the scientific analysis of the definition of the concept under study, it can be concluded that frauds committed in the banking sector include the following acts: frauds with bank accounts, frauds with credit cards, frauds related to forgery of documents for obtaining loans, as well as illegal actions by bank employees which result in fraudulent actions. [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 examines certain problems of legal regulation of security activities. It was established that scientists do not pay enough attention to the problems of legal regulation of security activities under martial law conditions. The purpose of the research is to establish separate problems of legal regulation of security activities in the conditions of martial law and to formulate a proposal for its solution. To realize the aim of the article, certain scientific methods are used: dogmatic one - to analyze normative legal acts in the sphere of security activities; dialectical method allows to carry out a study of the sphere of legal regulation of security activities in Ukraine through the prism of its interdisciplinary nature; the deductive method makes it possible to draw final conclusions; the induction method is used when generalizing the problems of the practical activities of security personnel; analysis and synthesis make it possible to break down the indicated problems of security activity into components and propose directions for its solution. The study claims that security activities in Ukraine are carried out in extremely difficult military conditions, which negatively affect the subjects of security activities. It is established that the state has an obligation to respond urgently to such challenges and to eliminate the shortcomings of security activities' legal regulation. It is concluded that the normative definition of the types of security activities (property protection and protection of an individual) allows us to talk about the insufficient legal regulation of other actions that can be assessed as security activities. It is proposed that the Law of Ukraine «On Security Activities» dated March 22, 2012 provide for other types of security activities: provision of information services for the protection of individuals and property of individuals and legal entities; carrying out investigative actions to prevent the negative direct influence of factors (activity or inaction) of an illegal nature on the object of protection»; installation and/or use of security technical means; implementation of technical protection of information at the security facility. It is established that other regulations of the Law of Ukraine «On Security Activities» dated March 22, 2012, which relate to the powers of security personnel during the performance of functional duties, also require changes. It has been concluded that the security personnel's authority to use firearms needs to be reviewed. The research proposes specific regulatory changes that will allow security personnel to use firearms during security activities. [ABSTRACT FROM AUTHOR]

The article is dedicated to the issues of consciously forming criminal intent, its implementation, and the application of the institution of voluntary refusal to commit a criminal offense at the preparation stage. The authors emphasize the importance of establishing criminal liability not only for the committed socially dangerous act but also for preparatory actions and attempts, which allows for counteracting crimes at early stages, preventing harm to social relations, and thus fulfilling the preventive function of criminal law. Various views of criminal law scholars on the possibility of applying the institution of voluntary refusal to complete a crime at the preparation stage are analyzed, and problematic issues that require scientific investigation are highlighted. The significance of direct intent at the preparation stage is examined, and shortcomings of the current legislation, which does not take into account the specific features of its intellectual and volitional moments at this stage, are pointed out. The main focus is on analyzing different forms of voluntary refusal: from passive abstention from further actions to active measures aimed at preventing the completion of a socially dangerous act. It is noted that the choice of the form of voluntary refusal depends on the nature of the subject's previous activity, particularly the method by which the preparation was carried out - through active actions or inaction. A clear formula for the mechanism of voluntary refusal is proposed, taking into account the method of preparation. If preparation for the crime was carried out by inaction, voluntary refusal should include taking necessary actions to eliminate conditions conducive to the crime. In the case of active preparatory actions, voluntary refusal may manifest as either inaction or active measures aimed at eliminating the conditions for committing the crime. A conclusion is drawn on the need to improve legislation, taking into account the specifics of different stages of realizing criminal intent and forms of voluntary refusal. This will ensure more effective law enforcement and the protection of social relations from crimina l encroachments. [ABSTRACT FROM AUTHOR]

The article highlights the issue of compliance with the general principle of competitiveness of criminal proceedings with the right of the court to instruct a representative of the probation body staff to prepare a pre-trial report on the identity of the accused, which the court implements at the stage of preparatory proceedings, both on its own initiative and at the request of the parties to the criminal legal dispute. It has been found that the principle of competitiveness imposes on the court the obligation, on the one hand, to facilitate the implementation of the procedural rights granted to the parties and not to interfere in the process of proving their own legal position. However, on the other hand, it obliges the court to fully, comprehensively and impartially investigate the circumstances of the commission of a criminal offense to achieve the truth in a criminal case. It has been established that in the case of instructing a representative of the staff of the probation body to prepare a pre-trial report on his own initiative, the court actually goes to the side of the prosecution, since, even before the investigation in the conditions of the trial of any evidence of the person's guilt, it appoints a pre-trial report with a conclusion on the necessary type and extent punishing the accused for committing an incriminated, but as yet unproven, criminal offense. It was emphasized that the refusal of the court to grant the request of the party to the criminal proceedings regarding the necessity of appointing a pre-trial report is also incompatible with the requirements of the principle of competitiveness, because additional information about the identity of the accused can help the parties defend their legal positions before the court, since they can indicate the presence of circumstances that aggravate or mitigate the defendant's punishment, or exclude his criminal responsibility. On the basis of the conducted research, a conclusion was formulated, according to which, the resolution on instructing a representative of the probation body staff to prepare a pre-trial report based on the request of a party to a criminal legal dispute will fully comply with the principle of adversarial criminal proceedings, since: 1) it will assist the parties in proving the circumstances before the court, which are included in the subject of proof; 2) will be an additional way to ensure the achievement of the objective truth in a criminal case; 3) will testify to the impartiality and impartiality of the court, which, in the absence of prosecution evidence, will leave to the discretion of the parties the necessity of appointing a pre-trial report with a conclusion on the possibility of correction of the accused without the application of imprisonment or restriction of liberty for a certain period. [ABSTRACT FROM AUTHOR]

The article analyzes the links between the basic principles of criminal law of Ukraine and the principles governing criminal law protection of professional activities of law enforcement agencies. Special attention is paid to the study of interaction and impact of these principles on law enforcement. The author refers to the contributions of national scholars who have studied the nature of certain principles of criminal law and offers a systematic analysis for further improvement of the regulatory framework. The author emphasizes that modern changes in criminal law should reflect not only historical experience, but also modern challenges that require a deeper understanding and application of the principles of justice, legality, humanism and democracy. The author also emphasizes the need to enshrine the principles in the new edition of the Criminal Code of Ukraine in order to comply with international standards and ensure legal certainty and objectivity of law enforcement. According to the author, there is a need for greater clarity and systematization of the principles of criminal law, and their inclusion in the Criminal Code will help ensure greater transparency and effic iency in their application. The author of the article emphasizes the importance of the principles of criminal law proposed by P.L. Fries, which form the basis for criminal law protection of professional activities of law enforcement agencies, but also emphasizes the possibility of their expansion. In particular, the author proposes new articles for the Criminal Code of Ukraine which include the principles of legality, equality before the law, guilt, justice, individualization of punishment, personal nature of responsibility, humanism, and inevitability of responsibility. The author comes to the conclusion that the principles of criminal law protection of the professional activities of law enforcement agencies are based on constitutional and criminal law principles. The basic principles such as the rule of law, justice, equality before the law, individualization of punishment, and inevitability of liability form the structure of protection of law enforcement officers' rights. An analysis of the principles which are repeated in constitutional and special criminal provisions shows that it is inappropriate to allocate separate principles for law enforcement officers. The author proposes a two-tier system of principles for effective criminal law protection which avoids duplication of categories and ensures systematic and rational law application. [ABSTRACT FROM AUTHOR]

One of the foundations of the current anti-corruption policy and institutional reform in the field of fighting corruption is the establishment of criminal liability for criminal offenses in the field of official activities and professional activities related to the provision of public services. The priority area of law enforcement activities in Ukraine is combating corruption offenses committed by public officials, and one of the types is acceptance of an offer, promise or receipt of an unlawful benefit. The article outlines the conceptual aspect of distinguishing acceptance of an offer, promise or receipt of an undue benefit from related corpus delicti of criminal offenses which provide for liability for offenses in the field of official activity and professional activity related to the provision of public services, namely, it contains some similar features to those of related criminal offenses such as illicit enrichment (Article 368-5 of the Criminal Code of Ukraine), abuse of influence (Article 369-2 of the Criminal Code of Ukraine), and conducting of bribery. In addition, attention is drawn to the distinction between acceptance of an offer, promise or receipt of an unlawful benefit and fraud (Article 190 of the Criminal Code of Ukraine). The article focuses on the common and distinctive features of the elements of a criminal offense under Article 368 of the Criminal Code of Ukraine with related elements, namely: bribery of an official of a legal entity of private law regardless of its organizational and legal form (Art. 368-3 of the Criminal Code of Ukraine), bribery of a person providing public services (368-4 of the Criminal Code of Ukraine), illicit enrichment (Article 368-5 of the Criminal Code of Ukraine), abuse of influence (Article 369-2 of the Criminal Code of Ukraine), provocation of bribery (Article 370 of the Criminal Code of Ukraine) and fraud (Article 190 of the Criminal Code of Ukraine). The author emphasizes the criteria of objective and subjective features which allow for the appropriate distinc tion. [ABSTRACT FROM AUTHOR]

The article highlights the problem of gender-based sexual violence during the international armed conflict on the territory of Ukraine. Based on the analysis of international documents, customary international law, and scientific sources, it is shown that sexual violence and gender-based violence are distinct concepts. However, in the context of Ukrainian judicial practice under Article 438 "Violation of the Laws and Customs of War" of the Criminal Code of Ukraine, gender-based violence is exclusively sexual in nature and is expressed mainly in the form of gender-based rape. The doctrinal approach is supported, according to which the signs of sexual and gender-based violence are: 1) an act (an actual act), 2) coercion (an act committed against the person's will), 3) a cause (determined by gender), 4) consequences (causing one or more types of harm or suffering to a person). The author identifies the signs of rape related to armed conflict arising from the Rome Statute of the International Criminal Court, the Elements of Crimes of the International Criminal Court, and customary international law. The actus reus of rape is that the perpetrator has assaulted the body of a person by committing an act that resulted in penetration, even minor, of any part of the victim's or perpetrator's body with a sexual organ, or penetration of the victim's anus or vagina with any object or any part of the body; the fact that rape is a component of war crimes is determined by the presence of a specific situation (coercion by military personnel). The mens rea of rape is the need to establish the perpetrator's awareness of the encroachment on the human body by committing an act that resulted in penetration; the perpetrator's awareness of the circumstances of the act (use of force or threat of force, use of coercion, use of a coercive environment, inability of the person to give consent expressing his or her true will), including the absence of the victim's consent. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the elements of the objective side of the composition of a criminal misdemeanor, provided for in Art. 247 of the Criminal Code of Ukraine "Violation of legislation on plant protection". The foreign experience of criminal protection of flora is partially highlighted. It has been established that within the framework of several criminal law prohibitions, in which damage to objects of plant life appears as one of the alternative consequences of encroachment on various spheres (elements) of the environment, the Criminal Code of the Federal Republic of Germany embodies a different from Art. 247 of the Criminal Code of Ukraine approach toward an end-to-end regime for the protection of plant life, which is a manifestation of law-making authenticity. It has been established that a similar approach was reflected in the project of the new Criminal Code of Ukraine. The content of the blanket disposition of Art. 247 of the Criminal Code of Ukraine is detailed; acts of regulatory legislation are listed, on which the law enforcement officer must rely when incriminating this criminal law prohibition; actions that can be regarded as a corresponding socially dangerous action -- violation of the legislation on plant protection are specified. Based on the results of the analysis of the text of the criminal law and the limited practice of the corresponding law enforcement, both the justification of the construction of the disposition of the researched prohibition according to the blanket type, and the generally practical problem absence of its proper specification in the way of referring to a number of acts of regulatory legislation have been proven. Considerations regarding the content of severe consequences as an element of the objective side of the composition of the analyzed criminal offense against the environment have been expressed. The expediency of the existing legislative approach has been pointed out, according to which the delimitation of the composition of the criminal offense provided for in Art. 247 of the Criminal Code of Ukraine, from the composition of related administrative offenses has been carried out on the grounds of socially dangerous consequences. It has been established that Art. 247 of the Criminal Code of Ukraine remains among the "dead" prohibitions, the reasons for which must be clarified by criminological science. The opinion has been expressed that the problem of the inevitability of the criminal law response to the most dangerous violations of the legislation on plant protection lies not in the legislative, but in the law-enforcement sphere. [ABSTRACT FROM AUTHOR]

The scientific article is focused on studying the topical issue of determining the general and specific subject matters of proving in cases on establishing child’s place of residence. It has been noted that the number of family disputes on establishing children’s place of residence has increased due to the ongoing armed aggression of the Russian Federation against Ukraine. The author of the article has proved that the correct definition of the subject matter of proving in cases on establishing child’s place of residence has important practical and theoretical significance. The author of the work supports the position of scholars (Ya. M. Sadykov and others) regarding the possibility of distinguishing the general subject matter of proving within a specific category of civil cases and the specific subject matter of proving depending on the circumstances of a certain civil case. Determining the general subject matter of proving in cases on establishing child’s place of residence it is necessary to ensure the best interests of a child (preamble to the Law of Ukraine “On the Protection of Childhood”). The author of the article has supported the conclusion (V.O. Kucher) about the possibility of distinguishing the following general subject matter of proving in cases on establishing child’s place of residence: the circumstances characterizing the parties in the case (personal and moral characteristics of a mother and a father, availability of permanent income, proper living conditions, etc.). Characteristics that can negatively affect the upbringing of a child, as well as establishment of his / her place of residence, can be: abuse of alcoholic beverages, narcotic substances, being under dispensary supervision, being brought to criminal or administrative liability, immoral behavior, bad habits; relations between parents and a child (fulfilment by parents of duties defined by law; mutual understanding between each parent and a child; the possibility of creating proper and safe conditions for a child’s life, upbringing, development and education); circumstances related to a child (age of a child, his / her health status, special needs of a child, consent of a child to live with one of the parents, personal loyalty of a child to each of the parents); other circumstances that are important for the case. The author of the work has concluded that the specific subject matter of proving depends on the circumstances of a certain civil case. [ABSTRACT FROM AUTHOR]

Money laundering is a highly latent criminal activity, therefore, large volumes of funds of criminal origin «contaminate» the global financial system, creating threats to the global economy. In order to increase the effectiveness of prosecution for money laundering of criminal origin, civilized countries are moving to intensify the fight against money laundering and its globalization, which is joined by more and more countries of the world, including Ukraine. For this purpose, general international standards are established and implemented, which must be implemented by countries in their own legal system. The National Legislature, solving these challenges, systematically makes changes to the rule on money laundering, obtained through crime. The article is devoted to the issue of the study of the impact of globalization and harmonization processes taking place in domestic criminal legislation in connection with the European integration direction of Ukraine, on the transformation of the norm, which provides for criminal liability for money laundering of property obtained through criminal means. In this article, the author analyzed the evolution of the norm on money laundering obtained by crime in criminal legislation, starting with its inclusion in the Criminal Code of Ukraine in 2001 and its subsequent transformation, through the prism of pan-European trends in the fight against money laundering (legalization). In addition, the author researched the points of view of domestic scientists and practicing lawyers, their commonality and difference, on the disposition of the article on money laundering (legalization) of property obtained through criminal means, and its development in domestic legislation. Based on the results of the analysis and research, the author of the article made conclusions about the decisive influence of international and European legislation, which regulates the field of combating the money laundering of property obtained through crime, on domestic criminal legislation and the need for further improvement of the norm on criminal liability for the analyzed criminal offense. [ABSTRACT FROM AUTHOR]

The subject matter of the article is incentive sanctions as a type of criminal law sanctions in the context of their application when a person commits such type of criminal offences as criminal misdemeanours. The study of such sanctions is aimed at identifying the problems of their regulatory definition and finding possible ways to improve these sanctions. Given that there is a significant number of studies on incentive sanctions of the General Part of the Criminal Code of Ukraine, the article focuses on the sanctions of the Special Part of the Criminal Code of Ukraine which are incentive sanctions and may be applied for criminal offences. In researching this issue, the methods of analysis and synthesis, the dialectical method and the method of comparison were mainly used. The first study of the problems of regulatory certainty of incentive sanctions for criminal offences has been carried out, and the shortcomings of the regulatory definition of certain sanctions have been identified and the problems of their application have been clarified, taking into account the content of the dispositions of such articles. Among the incentive sanctions of the Special Part of the Criminal Code of Ukraine, the sanctions contained in Part 3 of Article 175, Part 4 of Article 309, Part 4 of Article 311, Part 6 of Article 361 of the Criminal Code of Ukraine are considered. In the course of the study, the article reveals the shortcomings of the statutory definition of such sanctions with due regard to the dispositions of certain articles. Based on this, and taking into account the doctrinal approaches, the study provides substantiated proposals for improving the regulatory certainty of incentive criminal sanctions under these articles. The suggested proposals may be considered in the course of rule-making and, if enshrined in the CC of Ukraine, will contribute to more efficient application of incentive provisions and achievement of the purpose of their application. In this regard, the problems of regulatory definition of incentive sanctions under Part 3 of Article 175, Part 4 of Article 309, Part 4 of Article 311, Part 6 of Article 361 of the CC of Ukraine are analysed and reasonable proposals for their improvement are made with due regard to the purpose of application of such sanctions.

The article examines the issue of bringing russia to justice for mass war crimes, crimes against humanity and acts of aggression committed during the full-scale invasion of Ukraine. The purpose of the work is to analyse the available legal instruments, to formulate a comprehensive approach to solving this problem and to search for effective information and legal mechanisms to ensure the inevitability of russia's punishment under international law. The research methodology is based on a systematic analysis of current international legal norms and procedures in the field of international humanitarian law. The relevance of the work is due to the unprecedented scale of war crimes committed by russia in Ukraine and the need to bring the perpetrators to justice in order to restore justice. The scientific novelty is that for the first time a comprehensive information and legal model for prosecuting and bringing to justice the aggressor state for war crimes is proposed. The paper analyses the current legal mechanisms for bringing Russia to justice for war crimes committed in Ukraine at the national and international levels. The practical role of the key institutions – the International Criminal Court and the European Court of Human Rights – in ensuring the inevitability of punishment for the russian federation is considered. Potential opportunities for russia to avoid responsibility are identified. The article proposes an information and legal model for the effective prosecution and bringing russia to justice for its act of aggression against Ukraine. The results obtained can be applied in the field of international criminal law and ensure compliance with international humanitarian law norms. The practical significance lies in the formation of a basis for specific actions by the international community to hold russia accountable for crimes in Ukraine. Despite all the difficulties, the international community should make every effort to bring the russian federation to justice in accordance with international law. The proposed information and legal model can be one of the effective tools to achieve this goal.

The article is devoted to the development of a criminological model of firearms trafficking control in the context of transitional justice for Ukraine. It is established that illicit firearms trafficking lays down long-term trends of deterioration of the criminogenic situation, including in the post-war period, and in the future threatens to strengthen the functionality of organised criminal groups and a surge in violent criminal activity. The article proposes a criminological model for establishing control over firearms circulation which provides for: 1) preservation of the existing legal regime of firearms circulation for civilians until the end of the armed conflict and the legal regime of martial law; after the lifting of martial law, a balanced legalisation of civilian (short-barreled) weapons with strict control, verification and constant monitoring is required; 2) for military personnel (including those discharged from service): a) a special type of exemption from criminal liability under Articles 263 and 410 (regarding misappropriation of firearms, ammunition, explosives or other munitions) of the Criminal Code of Ukraine, subject to presentation for inspection, registration and issuance of a permit (de lege ferenda); b) obtaining a permit (de lege ferenda) for storage of firearms (in the amount of no more than one unit per person) and ammunition (in the amount of no more than 60 pieces); 3) criminal liability for violation of the conditions of the permit to keep and carry firearms. It is concluded that the enhancement of criminal liability for the illegal acquisition, transfer or sale of firearms, ammunition, explosives or explosive devices under martial law or a state of emergency is an example of excessive criminalisation of socially dangerous acts. Law enforcement agencies, by complying with the requirements on the general principles of sentencing (Article 65, paragraph 11, part 1, Article 67 of the Criminal Code of Ukraine), have sufficiently effective tools to assess and take into account the degree of social danger of various manifestations of illegal handling of weapons. The proposal is to supplement the disposition of Part 1 of Art. 263 of the Criminal Code of Ukraine with an indication of such an object of a criminal offence as a constructive part of a firearm, setting it out in the following wording: “Carrying, storing, purchasing, transferring or selling firearms or their constructive parts (except for smooth-bore hunting rifles and their constructive parts), ammunition, explosives or explosive devices without a permit provided for by law – …”.

Corruption is a global problem undermining social, economic, and political stability in many countries of the world. Kazakhstan, as a rapidly developing country, realises the harmful role of corruption in society and is taking significant steps to combat this problem. The purpose of the study was to investigate the procedures used to look into and prosecute cases of corruption. To achieve the objectives of the article the following methods were used: analysis of legislation, dogmatic method, methods of interpretation and comparison, statistical data method. Legislative documents, reports and other sources related to corruption and its counteraction in Kazakhstan were considered; study of the work of anti-corruption institutions: analytical work was carried out to study the role and activities of anti- corruption institutions in Kazakhstan and identified the key social determinants of corruption in the country. The article highlighted the main legislative acts adopted by Kazakhstan to combat corruption, and their impact on the public and legal space. It can be concluded that the adopted legislative acts and the activities of anti-corruption institutions have a positive impact on the fight against corruption and increased transparency in the country. It was concluded that in order to update the legislation and introduce new norms, the legislator should conduct a thorough study of the social determinants of corruption. Thus, the practical significance of this study is that its theoretical conclusions can be used by government agencies to improve the fight against corruption in Kazakhstan

Protecting the lives of citizens and providing qualified medical care is of utmost importance in times of war. At the same time, statistics show that numerous cases of criminal offences committed by healthcare professionals do not result in them actually serving a criminal sentence. The purpose of this study was to investigate the issues of non-performance or improper performance of professional duties by medical and pharmaceutical professionals and to outline the problematic aspects of combating these criminal offences and the ways to address them. The study employed a combination of both general scientific (general dialectical, analysis, synthesis, legal, induction, and deduction) and special (systemic-structural, statistical, critical) methods of knowledge to identify, analyse, and interpret data. The study made it possible to state that there are a range of problems impeding the effective prosecution of medical and pharmaceutical professionals for criminal offences, and to classify the identified complications into subjective and objective ones, related not only to the training of medical professionals, judicial, and law enforcement agencies, but also to legislative gaps and problems in medicine, which lead to a high level of latency of medical torts, ineffective pre-trial investigation of medical torts, as well as avoidance of criminal liability by medical professionals. Therefore, combating these crimes is largely reduced to recording them by law enforcement officials. The unsatisfactory performance of professional duties by doctors not only negatively affects the quality of services provided to patients, but also leads to serious consequences in the form of their death or considerable damage to the health of the victims. The findings of this study will be useful for practitioners of investigative bodies engaged in qualification and investigation of the torts under study, will contribute to the development of a strategy to improve the effectiveness of combating such criminal offences, and will also be useful for medical professionals to prevent mistakes leading to serious consequences for the life and health of patients, as well as in the context of motivation to perform their professional duties in good faith