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Road transport plays a key role in the life of society. However, this type of transport is also a source of increased danger, which is associated with carelessness in its use, which in turn necessitates the search for ways to ensure road safety. It has been found that effective crime prevention is possible only when the emphasis is placed on the individual criminal, since it is he who is the source of the reasons that lead to the commission of criminal offenses against road sa fety. The article examines the relationship between criminal behavior and consequences, in which the mechanism of criminal behavior is identified, which is a subjective factor in the perception of the road situation by the guilty person and the victim. Even with the same objective basis, there is almost always a difference in the subjective perception of the objective components of the situation. Such differences are often the most important moments in the mechanism of criminal behavior, the source of their conflicting, dangerous nature. The characteristics of persons who commit criminal offenses against road safety and the operation of motor vehicles are given. The study of the personality of a criminal in criminology has always played an important role, since it is the basis for identifying the patterns of formation of criminal behavior, its determination and development of appropriate preventive measures. The personality of a criminal in the context of road safety violations is of particular interest due to the specifics of the essence and mechanism of committing such offenses. In particular, a person who commits criminal offenses should be understood as a criminological set of signs and properties that are manifested in the mechanism of his criminal behavior. It is noted that in criminology several components are distinguished that form the criminological structure of the personality of a criminal: socio-demographic, moral-psychological and criminal-legal characteristics. The relationship between criminal behavior and its consequences has been studied, within which the mechanism of criminal behavior has been identified as a subjective factor in the perception of the road situation by both the guilty person and the victim. Even under the same objective conditions, there is usually a discrepancy in the subjective perception of the objective components of the situation. These discrepancies are often key aspects of the mechanism of criminal behavior, which become the source of their conflict and dangerous nature. [ABSTRACT FROM AUTHOR]

The purpose of this article is to study and analyze the criminal liability of healthcare professionals based on national and foreign experience. The author analyzes the national legislation of the States in the field of regulation of criminal liability of medical professionals, and identifies the existing achievements and problems. The author analyzes the case law of the European Court of Human Rights on positive obligations of the State in cases involving the proper provision of services by healthcare professionals. Using the comparative legal method of research, the author compares the legal norms regulating the issue of liability for failure to provide or improper provision of medical care, namely, the legislation of Ukraine, Latvia, Poland, Slovenia, Romania, Croatia, Georgia, Armenia, Uzbekistan, Kyrgyzstan, Azerbaijan, Kazakhstan, France, Estonia, Germany, Spain, Canada, Japan and others. A legal analysis of possible options for the process of transferring and implementing the relevant legal provisions from foreign legislation to national legislation through legal mechanisms and methods of bringing a medical professional to criminal liability for improper performance of his/her professional duties is crucial for determining approaches to improving the legal framework of Ukraine regarding the criteria of liability of a medical professional for improper performance of his/her professional duties. It is established that due to the different structure of health care systems in each State and different concepts of legal regulation, approaches to addressing the issue of criminal liability of medical professionals for professional crimes differ primarily in that in most States, such entities are liable for causing harm to life and health of a person, while in the legislation of other States such acts are provided for in a separate chapter or section dealing directly with criminal offenses in the medical field It is determined that foreign countries widely use medical insurance against improper treatment as a guarantee mechanism for compensating patients for harm caused by medical error, which helps to protect violated rights. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of theoretical aspects of critical infrastructure as a subject of scientific knowledge. The importance of critical infrastructure facilities for ensuring Ukraine's national security, the stability of its economy and the state's defense capability is determined. Legislative regulation in this area is analyzed, in particular, the Law of Ukraine «On Critical Infrastructure», «On National Security of Ukraine», the Criminal Procedure Code of Ukraine, the National Security Strategy of Ukraine, etc. normative legal acts that contain definitions of terms. Attention is drawn to the fact that the violation of the functioning of the specified objects in the conditions of martial law may cause socially dangerous consequences for society and the state. According to the result of the comparison with foreign experience (USA, EU, Great Britain, China, Japan), it is proved that Ukraine takes into account international approaches to the protection of critical infrastructure, but has its own unique features caused by national threats and challenges. In the US, for example, critical infrastructure is defined as systems and assets so important that their failure to function or damage would have a devastating impact on security, the national economy, and public health. The European Union approaches this issue through the European Critical Infrastructures Directive, focusing on interconnection and coordination between member states. The UK takes care of cyber security, while China and Japan emphasize national control and resilience of facilities. Based on the analysis, recommendations were made for improving the legislative policy of Ukraine in the field of critical infrastructure. A conclusion was made about the relevance of the task of the Security Service of Ukraine to combat criminal offenses at critical infrastructure facilities, and practical recommendations for further improvement of this area were provided. It has been determined that the perspective areas of scientific research are the analysis of the experience of the countries of the European Union in terms of legal protection against criminal offenses at critical infrastructure facilities. [ABSTRACT FROM AUTHOR]

The article is devoted to criminal offenses committed by police officers. It was emphasized that today, the responsibility for the implementation of the state policy regarding national security and the fight against crime is assigned to law enforcement agencies, in particular to the National Police of Ukraine. However, in such an institution of the security sector, measures to prevent offenses among personnel are not sufficiently effective, and control over the official activities of subordinates by managers, especially at the middle and lower levels, often remains formal, which leads to the commission of criminal offenses, in that including in the field of official activity with a clearly expressed corruption component. In the process of implementing Ukraine's strategic course towards European integration, important tasks are the optimization of the principles of work of the National Police bodies and units, as well as the improvement of the legal status of police officers. This is necessary for the implementation of guarantees for the protection of human and citizen rights and freedoms enshrined in national and international law. It is noted that all criminal illegal manifestations are conditionally divided into two categories: criminal offenses in the field of official activity and other offenses, that is, all criminally punishable acts that are not related to the performance of official duties. Offenses committed by police officers in the field of official activity are part of corruption crimes committed by representatives of law enforcement agencies. The main factors contributing to the spread of such actions in the police and their concealment are the lack of clarity in the regulation of official powers of various groups of personnel and categories of personnel, as well as the concealment of traces of offenses by both the perpetrators themselves and their immediate supervisors. In addition, there is a connection between abuse of office and other types of offenses in which victims and other interested persons may be involved. To ensure the proper level of discipline and legality among police personnel, it is necessary to implement a prevention strategy, which includes a set of measures aimed at identifying, preventing, and stopping corrupt, criminal, and other illegal a ctions in police teams. [ABSTRACT FROM AUTHOR]

The article is devoted to some problematic issues of prosecution for enforced disappearance. It is noted that the analysis of reports on criminal offenses posted on the website of the Office of the Prosecutor General, which contain information on the number of registered facts of crimes under Art. 146-1 of the Criminal Code of Ukraine, showed the dynamics that during the first one and a half years of this article, no criminal proceedings were registered. In the following years, the number of recorded cases of enforced disappearances began to increase, and a significant jump occurred at the beginning of the full-scale invasion of the Russian Federation into Ukraine. However, today's rates of registration of such crimes are significantly lower compared to 2022. Official statistics on crimes under Art. 146-1 of the Criminal Code of Ukraine probably does not reflect the real situation, since the detection and recording of such cases are complicated due to wartime and the occupation of the relevant territories of Ukraine. It has been studied that the term «enforced disappearance» was first used by non-governmental organizations in Latin America in the 1960s and is a literal translation of the Spanish phrase «disaparacion forzada», which reveals the concept of enforced disappearance as a brutal violation of human rights and a crime committed directly or indirectly with the support state authorities in order to eliminate political opponents. It was analyzed that the composition of enforced disappearance, provided for in Part 1 of Art. 146-1 of the Criminal Code of Ukraine, is formal and material, and Part 2 of this Art. - formal on the objective side. The author concluded that the criminalization of enforced disappearance in our country was necessary to counteract this particularly serious violation of human rights, since other provisions of the current criminal legislation do not reflect the complex nature of the damage that enforced disappearance causes (or may cause in the future). In addition, the specific legal nature of the investigated criminal offense makes it possible to distinguish it from similar crimes. In particular, this includes the presence of its special subject and such a mandatory feature as the subsequent refusal to recognize the fact of the arrest, detention or deprivation of liberty of a person in any other form or concealment of information about the fate or location of this person. [ABSTRACT FROM AUTHOR]

The article is devoted to the peculiarities of the qualification of crimes in the field of intellectual property. It is noted that the basis of the criminal-legal qualification process is exclusively the criminal law. Only the Criminal Code of Ukraine provides an exhaustive list of criminal offenses, definitions of acts that are not crimes, and characteristics of post-criminal behavior, which in each specific case have their own criminallegal significance. That is why, for the correct application of the criminal law, it is necessary to have deep knowledge, a systematic understanding and a clear and unanimous interpretation of all elements of the composition of a criminal offense, acts that are not criminal, as well as certain post-criminal behavior, if they were not disclosed by the legislator in the law itself. That is, the qualification of a criminal offense in the field of intellectual property becomes a logical continuation of the previous criminal-legal qualification only when the result of the latter turns out to be the recognition of a certain act as criminally illegal. In addition, it was established that during the criminal-legal qualification, first of all, it should be determined whether the committed act is provided for in a certain prohibitive article of the Criminal Code of Ukraine. Then it is necessary to establish the conformity of the signs of this actually committed act with all the signs of a criminal offense in the field of intellectual property, which are provided for by the specified article of the criminal law. The author also emphasized the fact that an important aspect of the qualification of criminal offenses in the field of intellectual property is their combination with other criminal acts. That is why the accuracy of the qualification of the investigated criminal offenses must be achieved regardless of whether it will affect the future punishment or in some other way in the future will affect the legal position of the suspect. [ABSTRACT FROM AUTHOR]

The article addresses the pressing issue of ensuring legality in the field of transplantation. The current state of healthcare in Ukraine, the need for high-quality medical services, and the necessity of adapting national legislation to international standards prompt a thorough analysis and improvement of the legal regulation of the transplantation of anatomical materials. The main focus of the article is on identifying violations of legislation in the field of transplantation, analyzing their types, and consequences. Various aspects of offenses are examined, including illegal organ trade, violations of the donor consent procedure, and non-compliance with medical ethics and safety standards during transplantation operations. The peculiarities of violations committed by both medical professionals and other related workers in the transplantation of human anatomical materials are revealed. The authors explore the international experience of transplantation regulation and highlight key points that require attention in Ukrainian legislation. The provisions of the Brussels Declaration on the Laws and Customs of War, the Geneva Conventions, and other international documents establishing norms and principles in this field are analyzed. Violations of these norms can have serious consequences for patients' health and the reputation of medical institutions. The article emphasizes the need to strengthen state control over compliance with legislation in the field of transplantation, improve legal mechanisms of accountability for violations, and create conditions for the effective functioning of the transplantation system in Ukraine. Specifically, the author proposes an original definition of violations of the established order of transplantation of human anatomical materials and provides a classification of violations by areas and forms of activity at each stage of this his process. The study aims to form theoretical and practical foundations for ensuring the legality and ethics of the transplantation of anatomical materials in Ukraine, which is an important step in the development of the medical field and the protection of patients' rights. [ABSTRACT FROM AUTHOR]

The article examines the place and role of information technologies in criminology based on current legislation. The subject of the study is the regularities related to the nature and features of electronic information, the formation of methods, means and techniques used in the course of detection, fixation (consolidation), research, verification (comparison), and evaluation (processing) of electronic forensically significant information at various stages of criminal judiciary. The purpose of the work is the formation of a scientifically based concept of the application of information technologies and the circulation of digital data in forensics, based on the patterns of the movement of electronic forensically significant information and its use as evidence. The methodological basis was the method of materialistic dialectics, a systematic approach to the study of information technologies of proof using a set of general scientific and private scientific methods of scientific knowledge: historical, logical, comparative, generalization and classification, analysis and synthesis, deduction and induction, comparative legal, formal legal and legal modeling. It is noted that when using electronic sources of evidentiary information, there is a qualitative change in the information processes taking place in criminal proceedings, and the share of such changes is more and more noticeable and increases every year. Accordingly, in criminology, it is objectively necessary to develop and improve the foundations of the use of information and communication technologies, which allow them to be scientifically and tactically correctly applied in the process of investigation and trial of criminal proceedings. It has been established that information technologies and the circulation of digital data eliminate the subjective nature of the perception of information when it is used to prove the circumstances of a crime. In the conditions of the dynamic development of information technologies, the transformation of electronic forensic information into evidence in the process of applying these technologies and the circulation of digital data is an actual scientific and conceptual direction in forensics. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of the problems and prospects of the use of artificial intelligence in countering criminal offenses by the Security Service of Ukraine at critical infrastructure facilities. The peculiarities of state policy, the current state of legal regulation of the use of innovative technology in Ukraine are considered, and problematic issues of the use of artificial intelligence in the course of the tasks of prevention, detection, termination, and pretrial investigation of criminal proceedings in the relevant field are analyzed. The main areas of application of artificial intelligence in combating criminal offenses at critical infrastructure facilities have been worked out, such as: intelligent detection of threats in the process of countermeasures; automation of algorithms for combating illegal encroachments; information and analytical support. The key methods and technologies of artificial intelligence that can be used in the process of combating criminal offenses at critical infrastructure facilities by the Security Service of Ukraine are highlighted, in particular: deep learning, machine learning, natural language processing and computer vision. The potential risks and problematic issues of introducing artificial intelligence into the automated process of combating criminal offenses at critical infrastructure facilities are outlined. Attention is drawn to compliance with the principles of transparency and accountability of activity, legality, responsibility for erroneous decisions, ensuring human rights and freedoms, prevention of risks of discrimination, excessive reliance on artificial intelligence. The need to improve the legal basis for the use of artificial intelligence in combating criminal offenses at critical infrastructure facilities, as well as introducing changes and additions to the legislation of Ukraine concerning the criminal-procedural activity of the Security Service of Ukraine, was noted. The introduction of artificial intelligence technologies into the system of combating criminal offenses at critical infrastructure facilities is identified as a promising direction for further research. [ABSTRACT FROM AUTHOR]

This article is devoted to a comprehensive analysis of various types of criminal offenses that may be committed against lawyers in connection with their professional activities in providing legal assistance. By analysing the status of a lawyer as a victim according to Article 397 of the Criminal Code of Ukraine, the article suggests focusing on two main aspects. Firstly, the issue of interference with the activities of a defender or representative of a person is thoroughly examined, with the concluding remark that one of the key guarantees of a lawyer's activity is the establishment of criminal liability for interfering with the work of these subjects of human rights protection. The object, objective, and subjective sides of this criminal offense are analysed, as well as the sanctions provided for its commission. Secondly, the threat or violence against a defender or representative of a person using Article 398 of the Criminal Code of Ukraine as the main instrument to ensure the safety of defenders and representatives during the provision of legal assistance is discussed. The elements of this offense and the sanctions imposed in case of its commission are described. The article also thoroughly examines Article 399 of the Criminal Code of Ukraine, "Intentional Destruction or Damage to the Property of a Defender or Representative of a Person." The objective and subjective sides of the criminal offense are analysed, along with qualifying features. Special emphasis is placed on the manifestations of the objective side - destruction or damage to the property of a defender, representative of a person, or their close relatives. Sanctions for such actions include fines, probation, restrictions, or deprivation of liberty depending on the severity of the consequences. Furthermore, Article 400 of the Criminal Code of Ukraine, "Attack on the Life of a Defender or Representative of a Person in Connection with Activities Related to the Provision of Legal Assistance," is studied separately. The composition of the crime, which consists of murder or attempted murder of a defender, representative, or their close relatives due to professional activities, is analysed. [ABSTRACT FROM AUTHOR]

The article examines approaches to solving the terminological problem of defining the concept and content of "countering criminal offenses", which is used in the context of the activities of the Security Service of Ukraine at critical infrastructure facilities. According to the results of the analysis of the scientific achievements related to the author's subject, based on fundamental developments, the laws of logic and methods of cognition, the concept of the term and its meaning are formulated, the ways of solving the specified problem are determined, and the directions of further investigations are also proposed. The author, in particular, proved that the terms "fighting criminal offenses", "crime", "criminal misdemeanor", "fighting crime", "fighting crime", "fighting crimes" are dialectically interrelated, but they are not identical its essence The fight against crime at the objects of critical infrastructure of Ukraine is a type of social activity, one of the main tasks of which is to combat criminal offenses. It is proposed to consolidate the definition of the term "counteraction to criminal offenses" in the context of the activity of the Security Service of Ukraine at critical infrastructure objects, as an object of social management, which is a specific activity of the special service in interaction and coordination with other subjects of the national system of critical infrastructure protection in Ukraine with the use of special forces, means, types, forms and methods of activity provided for by the legislation, which is organized on the basis, within the limits of authority, competence and in the manner provided for by the Constitution and laws of Ukraine, in the form of a task performance system: warning; detection; termination; disclosure of criminal offenses aimed at finding ways, means and other possibilities of effective influence on criminal offenses in order to reduce the intensity of the processes of their determination at all levels and stages, as well as to neutralize the effect of their consequences, while ensuring the protection of critical infrastructure. It is indicated that the content of the counteraction of the Security Service of Ukraine to criminal offenses at critical infrastructure facilities is the activity of the special service regulated by law with the use of special forces, means, types, forms and methods, which is aimed at the fulfillment of tasks: prevention, detection, termination and disclosure of criminal offenses at critical infrastructure projects of Ukraine, in order to ensure the protection of critical infrastructure. [ABSTRACT FROM AUTHOR]

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While actions leading to environmental degradation already have global consequences threatening the very existence of humanity, the war in Ukraine has once again proved the effectiveness of existing international environmental protection mechanisms. The purpose of this study is to analyze existing international environmental protection mechanisms from the perspective of the possibility of criminalizing the crime of ecocide. Based on the analysis of the domestic law of countries that have incorporated ecocide as a crime, it follows that national approaches to addressing this issue depend on historical conditions and have significant differences. These differences hinder the prosecution of ecocide in the absence of appropriate international legal mechanisms, while the consequences of ecocide cause global damage. An analysis of the state of international regulations has shown that despite the existence of an extensive environmental protection mechanism, it remains imperfect, thus making it impossible to prosecute ecocide unless it is done in connection with war crimes. An assessment of the data presented in the reports on the war in Ukraine shows that participation in relevant international conventions does not in any way guarantee that the aggressor country will not violate its international obligations. It is shown that recognizing ecocide as a crime at the international level remains the only effective means to bring perpetrators to justice. The results of the study can be used to further improve the legal mechanisms for prosecuting ecocide, in teaching legal disciplines, and in further academic research.

Based on the analysis of scientific sources and law enforcement practice, the article examines the activities of law enforcement and other state bodies and legal institutions to minimize criminal offenses in the field of insurance, which is aimed at timely detection, elimination or neutralization of threats and dangers in the insurance market, averting harmful consequences, as well as bringing the culprits to justice and providing a mechanism for compensation for damage caused by criminal offenses, which is carried out with the help of criminological means. It is emphasized that criminal offenses in the field of insurance have an increased public danger, as they complicate or block the performance of the main tasks related to the formation, at the expense of monetary contributions, of a target insurance fund intended for the compensation of a possible loss, the equalization of losses in connection with the consequences insurance cases. In addition, the criminalization of this market prevents insurance from performing such important functions as increasing the stability of business entities, limiting economic risks, and stimulating entrepreneurial initiative. It is noted that the prevention of criminal offenses in this area should be a complex continuous process that takes into account the changes that occur in modern society and that affect the market of service provision. Attention is drawn to the fact that the very system of entities providing security in the insurance market includes a wide range of entities of both state and non-state ownership, which in one way or another participate in the relevant process. However, their activities must correspond to a single, purposeful state policy, and require coordination in the fight against crime, which currently requires improvement, as it does not fully meet the requirements of the times and challenges in the security sector. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of the L.N. Gumilyov Eurasian National University. Law Series is the property of L.N. Gumilyov Eurasian National University 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 the study of the essence of interaction between authorized entities in the investigation of criminal offenses committed by transnational organized criminal groups. The authors focus on the fact that this type of cooperation has always caused scientific discussions and practical differences. The methodological basis for the research is a set of general and specific methods and techniques of scientific knowledge: dialectical, monographic, logical and semantic, structural and functional, grouping, formal and legal documentary analysis, system and structural, modelling. It is stated that all scholars defined interaction in view of the existing system of law enforcement agencies and their inherent functions. At the same time, the subject of interaction is always specific, and full interaction occurs when the subject with managerial authority treats the hierarchically subordinate entity as a complete entity without ignoring its subjective features in the process of their common activity. The importance of cooperation between international law enforcement and police organizations, for coordinating efforts to combat crimes of a transnational nature was highlighted. The authors’ concept of law enforcement cooperation during the investigation of crimes committed by transnational organized criminal groups is presented. [ABSTRACT FROM AUTHOR]

Targeted Poverty Alleviation (TPA) is an important leverage for China to overcome poverty. While its economic effects are well studied, less is known about the social impact of TPA. Based on trial documents data from the China Judgments Online, we use DID method and find the growth rate of criminal offenses reduced by over 20% after the implementation of TPA. The income growth effect from TPA is the primary mechanism for suppressing criminal crimes. Improved employment plays a role as well. Our work not only reveals the relationship between TPA and the enhancement of societal security, characterized by fewer criminal offenses, in the background of completing the first Centenary Goal, but also sheds light on how to fulfil the Peaceful China Initiative in the second Centenary Goal. [ABSTRACT FROM AUTHOR]

The main purpose of the article is to develop a theoretical and methodological approach to determining the influence of criminal crime factors in the country on the level of financial security of the state. For this purpose, the key object of study is the Jordanian financial security system. The scientific task is to establish possible relationships between the level of criminalization of the economy in the country and the security of the financial sector. The research methodology involves the use of the method of correlation and regression analysis, the use of special software for working with data analysis, the F-criterion modeling method, the Hoerl model, and an abstract logical method for summarizing the research results. Conclusions about the state and trends of the Corruption Perception Index in Jordan were analyzed and made. A calculation of the level of financial security of Jordan over the past five years is presented. Based on the results of the study, it was proven that the influence of economic crime and criminal offenses in the economy as a whole have a direct significant impact on the level of quality of life of the population of Jordan and financial security in general. The urgent need for shadowization of the Jordanian economy has been proven in the context of increasing the level of its financial security, which is aimed at reducing such criminal offenses as corruption and deep shadowing due to criminal activity. It was established based on the results of calculations that an increase in the level of financial security in Jordan has a direct impact on changes in the level of quality of life of the population in the country. The study is limited by taking into account the specifics of only one country - Jordan. Future research prospects aim to address this limitation and include more Middle Eastern countries. [ABSTRACT FROM AUTHOR]

The article is devoted to clarifying the question of whether criminal measures can be applied to legal entities in the event of an authorized person committing a crime on behalf of and in the interests of a legal entity under Article 438 of the Criminal Code of Ukraine. Based on the interpretation of the norms provided for by paragraph 4 of part 1 of Article 96-3 and part 2 of Article 96-4 of this Code, a legal conflict has been identified, which consists in the presence of a declarative norm on the possibility of applying such measures in this case (paragraph 4 of part 1 of Article 96-3 of the Criminal Code of Ukraine) and a norm that excludes such a possibility (part 2 of Article 96-4 of this Code). It offers the basis of application of measures of criminal and legal nature in relation to legal entities to consider through the prism of a set of three conditions (components), namely: 1) commission by an authorized person of criminal offenses provided for in a specific paragraph of part 1 of Art. 96-3; 2) committing these criminal offenses on behalf of and/or in the interests of a legal entity (depending on its wording in the relevant paragraph); 3) belonging of legal entities to the type provided for in Art. 96-4 of the Criminal Code of Ukraine. It is established that, in view of the legal status of combatants who are involved by the State in armed conflicts of an international or non-international nature and take part in hostilities on the side of the relevant belligerent party in the composition of regular and irregular troops, are representatives of this party, that is, they act on behalf of and in the interests of the relevant governments, the State that involved them in hostilities. Such combatants, accordingly, act on behalf of and in the interests not only of the state, but also of the relevant state formation, including military ones. At the same time, in case of committing such unlawful acts by an authorized person of the state or a legal entity under the effective control of the state or a subject of state property, it bears exclusively civil responsibility for the benefit received and the damage caused (part 2 of Article 96-4 of the Criminal Code of Ukraine). It is proposed to eliminate such a conflict by excluding from paragraph 4 of Part 1 of Article 96-3 of the Criminal Code of Ukraine an indication of Article 438 of this Code. [ABSTRACT FROM AUTHOR]

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In this article, the author deals with criminal offenses against the environment, space, and natural resources in the Slovenian Criminal Code. The Criminal Code of the Republic of Slovenia includes the following criminal offenses against the environment, space and natural goods: burdening and destroying the environment, pollution of the sea and waters by vessels, illegal handling of nuclear or other radioactive materials, pollution of drinking water, pollution of foodstuffs or livestock feed, illegal occupation of land, destruction of plantations using harmful means, destruction of forests, torture of animals, illegal hunting, illegal fishing, illegal handling of protected species of animals and plants, transmission of infectious diseases in animals and plants, production of harmful means for treating animals and negligent provision of veterinary assistance. The author is aware that criminal law is the last and least suitable tool for environmental protection, because criminal proceedings are initiated only when protected legal goods have already been damaged. For this reason, the author believes that greater attention should be paid to prevention - it is better to prevent than to punish. Despite this, due to the importance of protected legal assets, criminal law protection of the environment and natural goods is also needed.

Today, in the conditions of martial law in Ukraine and of the deficit of the State budget, the issue of ensuring the economic security of the State as a component of national security is the highest priority and of big importance. Ensuring the economic security of the country is the prerogative of the State, and it should be supported by the entire system of the State bodies, especially law enforcement ones, among which the Economic Security Bureau of Ukraine (ESBU) plays a key role. In order to identify risks that weaken the economic security of the State, the ESBU uses a risk-oriented approach in its work, which is an identifier of the risks of committing criminal offenses in the budgetary, tax, customs, monetary, and investment spheres of the economy. Also, based on the results of the risk assessment, the ESBU develops and implements measures aimed at minimizing or eliminating them. Therefore, taking into account the external and internal threats to the country’s economy, the issue of applying a risk-oriented approach to identify the risks of committing criminal offenses in the field of economics is relevant, needs to be researched and remains a priority for both business and the State as a whole. The objectives of the study are: analysis of the results of the ESBU’s activities; disclosure of the procedure for the introduction and use of a risk-oriented approach in the work of the ESBU units; determination of the feasibility and benefits of using this approach in order to identify the risk of committing criminal offenses in the field of economy and prevent threats that affect the economic security of the State. The place, role and main tasks of the ESBU are considered: identification of risk areas in the field of economy; protection of public finances of the State; assessment of risks and threats to the economic security of the State; development of ways to minimize and eliminate them. It is determined that the most effective in the work of the ESBU analytical units is a risk-oriented approach, which makes it possible to predict threats and promptly take measures to prevent and/or counteract them. An analysis of the risks identified by the ESBU in the field of economy is carried out. It is found that the tax and customs spheres are the most risky for the country’s economy, since they account for almost 2/3 of all identified risks (72%). The necessity and expediency of using a risk-oriented approach in the work of the ESBU is substantiated, taking into account the requirements of the time and international experience. A model for managing risks of economic security of the State using a risk-oriented approach has been proposed. It is proved that today, in the conditions of war, there is a threat to the economic security of the State, and the key role in the protection of the latter is assigned to the ESBU.

Organized crime and related economic crime are the focus of interest for all modern, well-organized states. Theoreticians generally agree that organized crime has closely followed the development of modern states, while economic crime has evolved with the development of the economy and business, both at national and supranational levels, alongside the expansion of information and communication technologies. Despite being viewed as two distinct types of crime, economic and organized crime are highly interdependent and interconnected. While a small number of economic crime offenses lack the characteristics of organized crime, a significant number of criminal activities exhibit organized elements within the realm of the economy and economic activities. Thus, the relationship between these two types of crime is directly proportional, wherein the development of organized crime follows the development of economic crime, and vice versa. In addition to the introduction and conclusion, the paper consists of three interconnected and interrelated parts. The first part elucidates the philosophy of organized crime. It highlights the problems of defining, the lack of a unique definition, and its multidisciplinary nature. Additionally, it presents the most significant characteristics and manifestations of organized crime in theory and practice. The second part deals with the issues of economic crime. Similarly to the first part, it discusses the process of determining and defining the concept of economic crime, presenting its basic characteristics and contemporary types. Finally, the third part of the paper examines the relationship between these two categories of crime.

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The scientific article is devoted to the analysis of certain provisions of the draft of the new Criminal Code of Ukraine aimed at regulating legal relations in the field of combating criminal offenses against the environment. Based on the analysis of scientific publications related to the reform of criminal legislation, attention is focused on the expediency of improving the system of combating environmental crime, adapting the national Criminal Code of Ukraine to the requirements of the European Union and achieving compliance with its requirements and goals. A scientific study of the content of the fifth and sixth Books of the Project, which are an attempt to normalize legal relations in the field of criminal and legal protection of the environment, was carried out. Arguments are given regarding the expediency of adjusting the structure and content of the Project’s prescriptions in connection with the different location of individual norms of its Special Part, united by a common generic object. In particular, an opinion has been developed regarding the separation of the Book on criminal offenses against the environment, which should include the chapters devoted to criminal offenses against environmental safety and criminal offenses against the order of use and protection of natural resources placed in other Books of the Project. In addition, based on the results of the research, the need to determine the most appropriate name for the corresponding section of the future criminal law, which would take into account the content and meaning of the terms “Criminal offenses against nature and environmental safety” used in it, which characterize primarily the generic object of criminal offenses in the studied sphere It is noted that certain actions provided for by the Project are of a “complex” nature and may encroach both on relations against environmental safety and on the procedure for using the state’s natural resources, while directly or indirectly affecting public health. It has been proven that such a subsection of the Special Part of the future Criminal Code of Ukraine should contain both criminal offenses against environmental safety and torts against nature (the surrounding natural environment), which are actually equated with criminal violations against the order of use of natural resources. [ABSTRACT FROM AUTHOR]

Copyright of Dilemas Contemporáneos: Educación, Política y Valores is the property of Dilemas Contemporaneos: Educacion, Politica y Valores 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.)

At the current stage of society's development, the importance of innovative processes taking place in our society in connection with global informatization is increasingly felt. But along with positive achievements, informatization is accompanied by side, negative phenomena of a criminogenic nature, which include computer crime. This, of course, requires the immediate creation of a system of combating this type of crime at the state level. For modern society (in the period of its transition from the industrial stage of development to the new one - post-industrial, informational), the relevance of this problem is beyond doubt. According to various expert estimates, worldwide losses from the activities of cybercriminals range from 300 to 800 billion euros annually. At the international level, a number of legal acts recognize that cybercrime threatens not only the national security of individual countries, but also the security of humanity and the international legal order. For many countries, in particular for Ukraine, cybercrime is a fairly relevant phenomenon, generated by the widespread introduction of modern information and telecommunication technologies into economic processes.The characteristic features of crimes in the field of information and telecommunication technologies are: – the need for wide application of special knowledge in the detection and recording of crime traces in electronic form; – organization and cross-border nature (broad interregional and international connections); - high latency caused by the reluctance of the private sector to inform about such crimes due to distrust in the potential capabilities of law enforcement agencies and reluctance to admit weaknesses in their security systems; - a high level of technical support for offenders.

The Indonesia’s economy has experienced rapid and massive development. Even after its contraction due to the pandemic in 2020, the economic growth of Indonesia is still highly significant. Digital transactions play an important role in the economic development. However, the economic growth may potentially lead to considerable number of economic crimes. To deal with them, the penal policy on economic crimes has not been developed according to the growth. The disparity among criminal provisions in economic sectors results in legal uncertainty in the enforcement of economic crimes. This research aims to shed a light on the current penal policy on economic crimes and the urgency of the reform on the economic criminal law. It is concluded that the Economic Crimes Law 1955 is no longer relevant to eradicate economic crimes in Indonesia. Furthermore, Indonesia Penal Code is far left behind by the current economic development. Therefore, a far-reaching reform is necessary. The partial reform of economic criminal law through various legislations has resulted in the legal uncertainty. For instance, they embrace different corporate criminal liability and sentencing principles. Hence, it is important to formulate a law on the principles of economic criminal law applying to all economic crimes.

The scientific publication is dedicated to researching the possibilities of modern information technologies in combating environmental crime. In particular, individual organizational and technical problems in the context of this topic were analyzed, the best foreign practices of using innovations in the field of environmental protection were outlined, directions for the development and adaptation of information technologies in the detection and investigation of criminal offenses were determined, taking into account the specifics of Ukrainian legislation and the practice of its application, to ensure sustainable and harmonious development of the country's ecological security. Analysis of the experience of countries such as the USA, Canada, Germany, and Great Britain has proven the impact of the latest technologies on the effectiveness of detecting and countering criminal offenses against the environment. It was concluded that modern technologies, including geo-information systems, electronic accounting systems, mobile applications for the public, automated emissions tracking systems, unmanned aerial vehicles and other innovative solutions are able to ensure the transparency of enterprises' activities and the active involvement of citizens in the control process, will allow prompt response to violations, to significantly increase the effectiveness of the actions of law enforcement agencies of Ukraine, in particular, in collecting evidence of illegal activities in the field of the environment. It was emphasized that taking into account the current environmental challenges in our country and the requirements for increasing the efficiency of law enforcement activities, the introduction and improvement of relevant innovative technologies in the field of environmental protection is urgent and expedient. This will not only improve the effectiveness of combating criminal offenses against the environment, but will also stimulate the appropriate attitude of business to environmental standards, while strengthening the public's trust in the actions of power structures. [ABSTRACT FROM AUTHOR]

As a result of Russia's full-scale military offensive on the territory of Ukraine, numerous international, non-governmental organizations have commenced providing assistance to the population through the implementation of different programs. Such assistance is manifested in various aspects, from humanitarian to financial. This article outlines the experience and legal basis for the operation of several international, non-governmental, medical and humanitarian organizations in Ukraine working under martial law imposed as a result of the war. To the purpose and objectives of the study, the work uses a combination of general and special methods of scholarly knowledge. The article uses the doctrinal provisions of science on the legal framework for the activities of international, medical and humanitarian, non-governmental organizations in Ukraine, as well as statistical data on the activities of public associations during the period of martial law. This study was conducted taking into account the experience of non-governmental organizations in other countries. The authors found that during the legal regime of martial law in Ukraine, international, non-governmental organizations such as Medecins Sans Frontieres, the International Committee of the Red Cross, and Oxfam play a leading role in providing humanitarian and medical assistance to war victims. These organizations play a key role in promoting democracy while helping to mitigate violence and the psychological trauma of war victims. It is the authors’ contention that such assistance furthers democratic governance, helps curb violence, and addresses the psychological trauma occasioned by the war.

Penelitian ini bertujuan untuk mengetahui bagaimana ketentuan pelaku incest dalam Undang-undang No. 23 Tahun 2002 Tentang Perlindungan Anak studi kasus di pengadilan negeri polewali. Dan untuk mengetahui Tinjauan Yuridis Pelaku Incest (Perkawinan Sedarah) terhadap anak dibawah umur. Penelitian ini termasuk jenis penelitian hukum normatif dengan pendekatan perundang-undangan, analisis, dan kasus. Sumber data pada penelitian ini adalah sumber data sekunder yang meliputi bahan hukum primer, bahan hukum sekunder, bahan hukum tersier. Hasil penelitian menunjukkan bahwa, Perkawinan sedarah (incest) yang dilakukan ayah terhadap anak kandung disebabkan oleh beberapa faktor. Faktor tersebut antara lain tidak bermoral atau lemahnya iman, ekonomi, kesempatan, ancaman, pengaruh alkohol, kesepian, keluarga tidak harmonis, pendalaman ilmu hitam, dan ketidaktahuan korban tentang seksual. Hasil dari penelitian ini yaitu: 1. Faktor yang menyebabkan terjadinya Perkawinan sedarah (incest) yang dilakukan oleh ayah terhadap anak kandung bagi pelaku Perkawinan sedarah (incest) oleh ayah terhadap anak kandung. Menunjukkan bahwa masih ada hakim yang tidak menerapkan sanksi pidana sebagaimana aturan yang berlaku. Penjatuhan pidana kandung. Menunjukkan bahwa, Perkawinan sedarah (incest) yang dilakukan ayah terhadap anak kandung disebabkan oleh beberapa faktor, antara lain tidak bermoral atau lemahnya iman, ekonomi, kesempatan, ancaman, pengaruh alkohol, kesepian, keluarga tidak harmonis, pengaruh ilmu hitam. 2. Penerapan sanksi pidana dan upaya penanggulangan memang tidak dapat mengembalikan kerugian yang diderita korban, namun setidaknya dengan penjatuhan sanksi yang berat, secara psikologis dapat memberikan kepuasan terhadap korban dan merasa dihargai Kata kunci : Inces , Sanksi Pidana, Upaya Penanggulangan

Copyright of Lex Humana is the property of Lex Humana 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 Civil & Cultural Heritage Protection / Ochrona Ludności i Dziedzictwa Kulturowego is the property of Jagiellonian University Press 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 Dixi is the property of Universidad Cooperativa de Colombia 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 presents scientific views of criminology scientists on the system of subjects of criminal offence prevention, defines the system of subjects of criminal offence prevention in the field of official activities and professional activities related to provision of public services, and gives its main characteristics, analysis of the content of activities and functional powers of subjects of prevention vested with special powers in the field studied. The system of specialized subjects of criminal offense prevention in the field of official activities and professional activities related to provision of public services is regarded as a set of legal entities and individuals, state and public institutions united by a common goal and scope of tasks aimed at preventing socially dangerous acts, ensuring implementation of the state policy, organization and coordination of preventive activities, performance of functions regarding prevention, direct detection and cession of encroachments, restoration of the rights of victims, as well as elimination of criminogenic phenomena and processes in a certain area of public relations. The analysis of the legislative and regulatory acts regulating activities of relevant public institutions at the special preventive criminology level has resulted in the classification of subjects of preventive activity, outlining the normative and legal basis of activity, giving characteristics of the functional component and the scope of tasks of such subjects. Attention is focused on the fact that despite existing legislative acts and bylaws defining the crime reduction strategy and the anti-corruption strategy, corruption-related crimes still remain at quite high level. Based on the results of the study, the authors come to the general theoretical conclusion about the urgency of developing and adopting a comprehensive legislative act that will determine the grounds, principles, tasks of preventive activities, the system and legal status of subjects of such activities (their rights and obligations), guarantees for their activities, the peculiarities of preventive measures implementation (conditions, procedure, terms, etc.), the responsibility for violation of the requirements of this legislative act, which will create prerequisites for both reducing procedural violations and improving the performance of law enforcement institutions. [ABSTRACT FROM AUTHOR]

The article is a study of the peculiarities of exemption from punishment for individuals who have made public calls to commit a terrorist act. Specifically, it was established that a terrorist act involves violent activities or violence carried out with the intention to instill fear, panic, threaten lives, health, and safety of people, or to intimidate by using civilians as human shields or armed means. Terrorist acts are usually aimed at achieving political, religious, ideological, or social goals and can be perpetrated by individuals, groups, or organizations. The criminal responsibility for committing a terrorist act is governed by Article 258 of the Criminal Code of Ukraine. Furthermore, the article specifies that the crime defined in Article 258-2 of the Criminal Code of Ukraine, «Public Calls to Commit a Terrorist Act,» is characterized by the special intent of disseminating materials inciting terrorist acts. According to Article 258-2 of the Criminal Code of Ukraine, those who make public calls to commit a terrorist act may face not only imprisonment but also corrective labor or arrest. The study concludes that a systemic analysis of general types of exemption from criminal liability, as provided in Articles 45-49 of the Criminal Code of Ukraine, allows for their application to individuals who have committed terrorist offenses. Thus, the provisions for exemption from criminal liability based on personal surety (Article 47 of the Criminal Code of Ukraine) and exemption due to a change in circumstances (Article 48 of the Criminal Code of Ukraine) can be applied to individuals who have been involved in committing a terrorist act (Part 1 of Article 258-1 of the Criminal Code of Ukraine) and those who have made public calls to commit a terrorist act (Article 258-2 of the Criminal Code of Ukraine). Consequently, legislative compromise regarding terrorist offenses represents a special form of criminal law impact. Within the realm of criminal law regulation of specific forms of exemption from criminal liability for committing terrorist offenses, there are ongoing scientific discussions, which discern the rational basis of scientific assertions, enabling a more rational implementation of legislative compromise concerning these crimes. [ABSTRACT FROM AUTHOR]

This research examines various aspects related to tax violations in Indonesia, focusing on the legal regulations governing tax violations, corporate accountability in tax criminal actions, and the use of criminal sanctions as the ultimum remedium. This research employs a normative legal research method, referring to secondary data sources consisting of relevant primary and secondary legal materials. The findings of this study conclude that tax violations can be categorized into two groups, namely negligence and intentional violations, corporations can be held criminally accountable in cases of tax violations, and criminal sanctions in taxation are considered a last resort in tax enforcement. As recommendations, this research proposes the development of a tax amnesty policy, increased tax education and awareness, as well as regular audits and enhanced transparency in tax reporting as efforts to ensure better tax compliance.

This paper focuses on the individual holders of public office or duty and the numerous past and present criminal cases related to corruption and abuse of power. By analyzing the penal policies of the courts in several regions (North Macedonia, Romania, Croatia, Montenegro, and Albania), as well as the imposed sanctions and court verdicts, this paper presented the fundamental characteristics of the criminal justice system's functioning in preventing such forms of crime. Through a comparative analysis of experiences, empirical research (case study), and an overview of the situation in multiple Balkan countries, the paper, as a key result, offered a comprehensive examination of the specific offenses outlined in the legislations of the countries under investigation and presented legal solutions derived from various Balkan nations. Finally, the paper concludes that corruption is a general problem in all the investigated countries and proposes possible solutions. [ABSTRACT FROM AUTHOR]

The article examines the directions of application of digital technologies in various spheres of life of civil society and the state within the framework of ensuring criminological security of the state. Separate legal acts containing norms regarding the necessity of using various digital technologies and their significance in the development of the rule of law have been analyzed. The author noted the need not only to create a legal basis for the use of digital technologies, but also the importance of developing a system of effective measures to effectively combat crimes committed with the use of digital technologies. Attention is drawn to the problem of the lack of sufficient legal bases related to the understanding of digital crime, which requires detailed study and clear regulatory regulation. Also, the article carries out a comprehensive study of the field of use of digital technologies, as well as outlines directions for solving criminological tasks, which involve the definition of «criminal offenses committed with the use of digital technologies» and the search for new forms and means of combating them. The relationship between the use of digital technologies and the provision of various types of security, namely: informational, economic, national, criminological, cyber security, etc., is investigated. In addition, the current state of the criminal situation in this area is analyzed and socio-economic factors associated with the development of digital technologies, which are actively used by criminals as a mechanism in their criminal activities, are noted. Namely, the author emphasizes that crimes committed with the use of digital technologies are practically hidden from external factors, occur remotely, which, accordingly, allows criminals to be (in another locality or even abroad) at a considerable distance from the object of the criminal offense, which considerably complicates the process of their detection, bringing guilty persons to criminal responsibility, which actualizes the indicated direction of scientific research. Also, specific proposals for improving criminal legislation in the researched area are given. [ABSTRACT FROM AUTHOR]

Copyright of Cuestiones Políticas is the property of Revista Cuestiones Politicas 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 Indonesia's economy has experienced rapid and massive development. Even after its contraction due to the pandemic in 2020, the economic growth of Indonesia is still highly significant. Digital transactions play an important role in the economic development. However, the economic growth may potentially lead to considerable number of economic crimes. To deal with them, the penal policy on economic crimes has not been developed according to the growth. The disparity among criminal provisions in economic sectors results in legal uncertainty in the enforcement of economic crimes. This research aims to shed a light on the current penal policy on economic crimes and the urgency of the reform on the economic criminal law. It is concluded that the Economic Crimes Law 1955 is no longer relevant to eradicate economic crimes in Indonesia. Furthermore, Indonesia Penal Code is far left behind by the current economic development. Therefore, a far-reaching reform is necessary. The partial reform of economic criminal law through various legislations has resulted in the legal uncertainty. For instance, they embrace different corporate criminal liability and sentencing principles. Hence, it is important to formulate a law on the principles of economic criminal law applying to all economic crimes. [ABSTRACT FROM AUTHOR]

One of the ways to prevent cultural, social, and professional harm from the occurrence of crime is to education law and makes the sports community aware of criminal law because the sports community plays the most important role in creating culture. Sports law is one of the law trends that deal with accidents in sports. The word "Sport" has a wide meaning in this term, sports operations and activities in the sense of public and championship are part of this collection. Due to the nature of the subject under study in this research, the objective and qualitative description of the content of the existing concepts and conditions is descriptive and analytical. Based on the results of the research, we conclude that education, legal culture in sports, empowerment of human resources, and the need to establish sports-legal institutions independently according to scientific and research issues and legal supervision and inspection are the most important ways to prevent sports crimes.