Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.247-256
O.S. Oliynyk
Innovation as an object of civil law regulation: historical and comparative aspects
作为民法规制客体的创新:历史与比较
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The provisions of the current Criminal Code of Ukraine, which relate to criminal responsibility for taking journalists as hostages, are analyzed. The factors (circumstances) of the social conditionality of separate, enhanced criminal liability for this kind of criminal act are researched. In particular, public danger; the relative prevalence of this type of criminal offence, such as taking hostage a journalist are analyzed; the traditions of domestic legislative practice, as well as foreign experience of using criminal-legal measures in counter such violations are discussed; the expediency of counteracting these encroachments by criminal-law means are considered. It was concluded that separate (established by a special norm) criminal liability for taking journalists as hostages is not socially conditioned.The position, according to which the privilege of a journalist to be a special victim in criminal law should be combined with the obligation to bear responsibility for conscientious use of opportunities related to the journalist’s professional activities is supported.The criminal law protection of legal professional activity of a journalist, proposed in the Project of the Criminal Code of Ukraine, developed by the Working Group on Law Development of the Legal Reform Commission is researched. Theoretical and applied problems of criminal responsibility for the crime under Article 349-1 of the Criminal Code of Ukraine, as well as the problem of violation of the consistency of the criminal law in the aspect of «reduced» age of criminal liability and are analyzed; the imperfection of the formulation of the optional features of the subjective side of the analyzed composition of the crime (lack of linking this composition of the crime to the legitimate professional activity of a journalist) has been substantiated.As a result of the research, a conclusion was made about the necessity exclusion of Article 349-1 from the Criminal Code of Ukraine.
{"title":"Taking hostage a journalist: problems of theory and practice","authors":"I. Hazdayka-Vasylyshyn","doi":"10.15330/apiclu.60.3-19","DOIUrl":"https://doi.org/10.15330/apiclu.60.3-19","url":null,"abstract":"The provisions of the current Criminal Code of Ukraine, which relate to criminal responsibility for taking journalists as hostages, are analyzed. The factors (circumstances) of the social conditionality of separate, enhanced criminal liability for this kind of criminal act are researched. In particular, public danger; the relative prevalence of this type of criminal offence, such as taking hostage a journalist are analyzed; the traditions of domestic legislative practice, as well as foreign experience of using criminal-legal measures in counter such violations are discussed; the expediency of counteracting these encroachments by criminal-law means are considered. It was concluded that separate (established by a special norm) criminal liability for taking journalists as hostages is not socially conditioned.The position, according to which the privilege of a journalist to be a special victim in criminal law should be combined with the obligation to bear responsibility for conscientious use of opportunities related to the journalist’s professional activities is supported.The criminal law protection of legal professional activity of a journalist, proposed in the Project of the Criminal Code of Ukraine, developed by the Working Group on Law Development of the Legal Reform Commission is researched. Theoretical and applied problems of criminal responsibility for the crime under Article 349-1 of the Criminal Code of Ukraine, as well as the problem of violation of the consistency of the criminal law in the aspect of «reduced» age of criminal liability and are analyzed; the imperfection of the formulation of the optional features of the subjective side of the analyzed composition of the crime (lack of linking this composition of the crime to the legitimate professional activity of a journalist) has been substantiated.As a result of the research, a conclusion was made about the necessity exclusion of Article 349-1 from the Criminal Code of Ukraine.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121459581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.132-142
O. Zozulyak
The article is devoted to the study of protection the rights of participants in contractual relations. The scientific article examines the definition of «protection the rights of participants in contractual relations», «civil liability». The article based on the application of the Supreme Court of Ukraine practice.The author of the article agrees with the approach proposed in the doctrine on the expediency of the transition to the so-called behavioral concept of guilt. The importance of the theoretical demarcation of the institution of ensuring the fulfillment of obligations and measures of civil liability is emphasized. The possibility of simultaneous application of different forms of civil liability is allowed. It is argued that it is appropriate to change the approach to determining and compensating of non-pecuniary damage.Considering the above, the purpose of the study is to analyse the doctrinal and regulatory aspects of ways to protect the rights of the parties to the contract during resolving their disputes and determine the main trends in the practice of the Supreme Court of Ukraine on this problem. The author of the article investigated approaches to understanding the concept of a way to protect subjective civil rights enshrined in law, the issues of the legal consequences of non-fulfillment of monetary obligations, significant expansion of the application into practice article 625 of the Civil Code of Ukraine. The use of such method of protection of rights as the recognition of a contract as invalid is investigated. The problem of applying the recognition of the contract as invalid as a way of protection is analyzed not for the protection of civil rights or interests, but for the purpose of non-fulfillment of obligations arising from public legal relations or non-fulfillment of debt obligations.The main results of the article are the construction of national civil law on the pandect system by separating the general and special parts to determine the correct application in judicial practice of general and special provisions of the Code, which regulate certain legal institutions.
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Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.28-40
Y. Lomaha
Taking into account the associative nature of the relevant system of norms, it seems that the nature of the connections between these norms can cause, in the event of the corresponding criminal offense, such an atypical situation of law enforcement as the competition of criminal legal norms. Extrapolating the acquisition of the criminal legal doctrine to the needs of our research, despite some differences in the given definitions, the competition of criminal legal norms in the qualification of intentional murders occurs when: 1) a person committed the intentional murder of one victim, that is, one murder; 2) according to the signs of the actual composition of the committed act, the behavior of the guilty person falls under the signs of several, two or more legal compositions of murder, provided for in several criminal law norms; 3) these norms are in such a logical and legal relationship that excludes their simultaneous application to a specific case and determines the need to apply only one of them. In the doctrine of criminal law, depending on the nature of the relationship between norms, three main types of competition of criminal law norms are distinguished: 1) general and special norms; 2) part and whole; 3) several special norms among themselves. The resolution of situations of competition of criminal law norms when qualifying intentional murder, regardless of the type of such competition, entails the application of only one article of the Special Part of the Criminal Code of Ukraine, since only one criminal offense has been committed. When qualifying intentional murder, the law enforcement body may encounter typical types of competition of criminal law norms: general and special norms, part and whole; several special norms among themselves, as well as with complicated situations, which are due to the peculiarities of the construction of the disposition of criminal law norms. In any case, it should be emphasized that there cannot be an ideal set of criminal offenses provided for by competing criminal law norms. Therefore, the practice of courts that allow such a combination should be defined as unfounded and should not be applied to the criminal law assessment of intentional attacks on another person’s life.
{"title":"Qualification of intentional murders in the competition of criminal law norms","authors":"Y. Lomaha","doi":"10.15330/apiclu.60.28-40","DOIUrl":"https://doi.org/10.15330/apiclu.60.28-40","url":null,"abstract":"Taking into account the associative nature of the relevant system of norms, it seems that the nature of the connections between these norms can cause, in the event of the corresponding criminal offense, such an atypical situation of law enforcement as the competition of criminal legal norms. Extrapolating the acquisition of the criminal legal doctrine to the needs of our research, despite some differences in the given definitions, the competition of criminal legal norms in the qualification of intentional murders occurs when: 1) a person committed the intentional murder of one victim, that is, one murder; 2) according to the signs of the actual composition of the committed act, the behavior of the guilty person falls under the signs of several, two or more legal compositions of murder, provided for in several criminal law norms; 3) these norms are in such a logical and legal relationship that excludes their simultaneous application to a specific case and determines the need to apply only one of them. In the doctrine of criminal law, depending on the nature of the relationship between norms, three main types of competition of criminal law norms are distinguished: 1) general and special norms; 2) part and whole; 3) several special norms among themselves. The resolution of situations of competition of criminal law norms when qualifying intentional murder, regardless of the type of such competition, entails the application of only one article of the Special Part of the Criminal Code of Ukraine, since only one criminal offense has been committed. When qualifying intentional murder, the law enforcement body may encounter typical types of competition of criminal law norms: general and special norms, part and whole; several special norms among themselves, as well as with complicated situations, which are due to the peculiarities of the construction of the disposition of criminal law norms. In any case, it should be emphasized that there cannot be an ideal set of criminal offenses provided for by competing criminal law norms. Therefore, the practice of courts that allow such a combination should be defined as unfounded and should not be applied to the criminal law assessment of intentional attacks on another person’s life.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116857564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.184-197
L.R. Danylyuk
Subjects of legal relations of use of hunting natural resources are their participants, who are endowed with subjective rights and legal obligations, are able to exercise these subjective rights and fulfill the corresponding legal obligations, and bear legal responsibility for non-fulfillment or improper fulfillment of legal obligations, exceeding the limits of exercising one’s subjective rights.Subjects of legal relations of use of hunting natural resources can be divided into main and additional according to the degree of participation in these legal relations.To main subjects of legal relations of use of hunting natural resources belong: 1) users of hunting grounds; 2) owners and/or users of land sections on which hunting grounds are located; 3) state authorities in the field of hunting economy; 4) hunters. And to additional: 1) individuals and legal entities who act as one of the parties to contracts regarding hunting products and hunting trophies; 2) individuals-entrepreneurs and legal entities engaged in hunting dog breeding; 3) individuals who use hunting natural resources in the order of general use and individuals and legal entities who use them in the order of special use in so-called secondary types of use; 4) public organizations of hunters; 5) public environmental protection inspectors and public hunting inspectors.Rights and obligations of subjects of legal relations of use of hunting natural resources, due to the specificity of the legal relations themselves and a wide range of their potential participants, are characterized by volume and spread both within the framework of the Law of Ukraine “On Hunting Economy and Hunting” and other normative-legal acts.Therefore, the definition and systematization of rights and obligations fixed by legislation for specific subjects of legal relations of use of hunting natural resources are relevant.The purpose of this article is to study and organize legally defined rights and obligations of subjects of use of hunting natural resources.Accordingly, in this article the attempt is made, through the detailed analysis of special legislation, to establish the system of rights and obligations of main and additional subjects of legal relations of use of hunting natural resources.
{"title":"Rights and Obligations of Subjects of Legal Relations of Use of Hunting Natural Resources","authors":"L.R. Danylyuk","doi":"10.15330/apiclu.60.184-197","DOIUrl":"https://doi.org/10.15330/apiclu.60.184-197","url":null,"abstract":"Subjects of legal relations of use of hunting natural resources are their participants, who are endowed with subjective rights and legal obligations, are able to exercise these subjective rights and fulfill the corresponding legal obligations, and bear legal responsibility for non-fulfillment or improper fulfillment of legal obligations, exceeding the limits of exercising one’s subjective rights.Subjects of legal relations of use of hunting natural resources can be divided into main and additional according to the degree of participation in these legal relations.To main subjects of legal relations of use of hunting natural resources belong: 1) users of hunting grounds; 2) owners and/or users of land sections on which hunting grounds are located; 3) state authorities in the field of hunting economy; 4) hunters. And to additional: 1) individuals and legal entities who act as one of the parties to contracts regarding hunting products and hunting trophies; 2) individuals-entrepreneurs and legal entities engaged in hunting dog breeding; 3) individuals who use hunting natural resources in the order of general use and individuals and legal entities who use them in the order of special use in so-called secondary types of use; 4) public organizations of hunters; 5) public environmental protection inspectors and public hunting inspectors.Rights and obligations of subjects of legal relations of use of hunting natural resources, due to the specificity of the legal relations themselves and a wide range of their potential participants, are characterized by volume and spread both within the framework of the Law of Ukraine “On Hunting Economy and Hunting” and other normative-legal acts.Therefore, the definition and systematization of rights and obligations fixed by legislation for specific subjects of legal relations of use of hunting natural resources are relevant.The purpose of this article is to study and organize legally defined rights and obligations of subjects of use of hunting natural resources.Accordingly, in this article the attempt is made, through the detailed analysis of special legislation, to establish the system of rights and obligations of main and additional subjects of legal relations of use of hunting natural resources.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126404077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.162-175
A. Stasiv
The article considers the civil law treaty as a universal construction for the regulation of private law innovative relations. The treaty is a plastic construction, as it has the ability to acquire special features under the influence of special objects, subjects or content of innovative relations. However, the private-law civil basis of such a treaty is immutable.The author emphasizes that the private-legal nature of the investigated relations is based on the methods of legal regulation based on legal equality of the participants of relations, their free will and property independence. Private-law contractual regulation of innovative relations does not negate the economic-legal aspect of these relations. Both aspects exist as general and special provisions aimed at regulating innovative relations.The article states that the treaty takes into account as effectively as possible the interests of each of its parties through the possibility of including a number of its customary and incidental conditions. This quality results from the dispositive legal nature of the treaty.The treaty nowadays takes on the characteristics of a multipurpose universal construction, which: 1) allows the conclusion of any treaties that are not provided for by law but do not contradict the general principles of civil law; 2) is an act of individual creation of law, acquiring the attributes of a source of law. The treaty is the universal legal instrument that truly allows the parties to the relationship to outline in it the terms that are specifically demanded by them.
{"title":"The nature, attributes and types of civil law contractual structures in the development and realisation of innovations","authors":"A. Stasiv","doi":"10.15330/apiclu.60.162-175","DOIUrl":"https://doi.org/10.15330/apiclu.60.162-175","url":null,"abstract":"The article considers the civil law treaty as a universal construction for the regulation of private law innovative relations. The treaty is a plastic construction, as it has the ability to acquire special features under the influence of special objects, subjects or content of innovative relations. However, the private-law civil basis of such a treaty is immutable.The author emphasizes that the private-legal nature of the investigated relations is based on the methods of legal regulation based on legal equality of the participants of relations, their free will and property independence. Private-law contractual regulation of innovative relations does not negate the economic-legal aspect of these relations. Both aspects exist as general and special provisions aimed at regulating innovative relations.The article states that the treaty takes into account as effectively as possible the interests of each of its parties through the possibility of including a number of its customary and incidental conditions. This quality results from the dispositive legal nature of the treaty.The treaty nowadays takes on the characteristics of a multipurpose universal construction, which: 1) allows the conclusion of any treaties that are not provided for by law but do not contradict the general principles of civil law; 2) is an act of individual creation of law, acquiring the attributes of a source of law. The treaty is the universal legal instrument that truly allows the parties to the relationship to outline in it the terms that are specifically demanded by them.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129314850","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.40-54
O.R. Riznyk
The purpose of the article was to clarify the legal nature and define the concept of features that qualify crimes that are associated with illegal deprivation of liberty and to present their totality provided by the criminal law in the form of a system based on the classification and grouping. Achieving this goal was facilitated by the answers to the following questions: 1) what is the legally established set of features that qualify crimes related to illegal deprivation of liberty offered by the current Criminal Code of Ukraine? 2) what should be understood by the features that qualify a criminal offense and what characteristic features are characteristic of this concept? 3) are the signs established in the Criminal Code of Ukraine that qualify crimes related to illegal deprivation of liberty assigned with these signs? 4) how can such signs be classified or grouped, taking into account the answers to the previous questions? 5) what criminal-legal significance will the given classifications of signs have. Answering the indicated questions, the author assumed that the features that qualify a criminal offense act as a means of differentiating criminal responsibility and in this connection are immanently endowed with features that are characteristic of this instrument of criminal law regulation. They do not create a new criminal law prohibition, instead they change the specific manifestation of its criminal illegality and, accordingly, the punishment of the committed. It was established that the essential and necessary signs of «signs that qualify a criminal offense» are that they: - are contained directly in the criminal law; - are included in the structure of the composition of the criminal offense; - «transform» the basic composition into a qualified one; - is a generalized designation of the circumstances of the commission of a criminal offense; - affect the dangerousness of the committed act, which causes an independent criminal sanction, which is reflected in an independent structural part of the criminal law; - demand a criminal-legal assessment of the offense committed under another structural part of the criminal law, different from the one containing the basic composition of the offense; - have an imperative character, i.e. they must be applied. The paper concludes that the most important criminal-legal significance for criminal-legal qualification is the grouping of features that qualify crimes related to illegal deprivation of liberty into such groups, which are separated according to those qualification rules, from the whole set of various classifications. which should be applied for the legal evaluation of the committed.
{"title":"Signs that qualify the composition of crimes related to illegal deprivation of liberty: concepts and system","authors":"O.R. Riznyk","doi":"10.15330/apiclu.60.40-54","DOIUrl":"https://doi.org/10.15330/apiclu.60.40-54","url":null,"abstract":"The purpose of the article was to clarify the legal nature and define the concept of features that qualify crimes that are associated with illegal deprivation of liberty and to present their totality provided by the criminal law in the form of a system based on the classification and grouping. Achieving this goal was facilitated by the answers to the following questions: 1) what is the legally established set of features that qualify crimes related to illegal deprivation of liberty offered by the current Criminal Code of Ukraine? 2) what should be understood by the features that qualify a criminal offense and what characteristic features are characteristic of this concept? 3) are the signs established in the Criminal Code of Ukraine that qualify crimes related to illegal deprivation of liberty assigned with these signs? 4) how can such signs be classified or grouped, taking into account the answers to the previous questions? 5) what criminal-legal significance will the given classifications of signs have. Answering the indicated questions, the author assumed that the features that qualify a criminal offense act as a means of differentiating criminal responsibility and in this connection are immanently endowed with features that are characteristic of this instrument of criminal law regulation. They do not create a new criminal law prohibition, instead they change the specific manifestation of its criminal illegality and, accordingly, the punishment of the committed. It was established that the essential and necessary signs of «signs that qualify a criminal offense» are that they: - are contained directly in the criminal law; - are included in the structure of the composition of the criminal offense; - «transform» the basic composition into a qualified one; - is a generalized designation of the circumstances of the commission of a criminal offense; - affect the dangerousness of the committed act, which causes an independent criminal sanction, which is reflected in an independent structural part of the criminal law; - demand a criminal-legal assessment of the offense committed under another structural part of the criminal law, different from the one containing the basic composition of the offense; - have an imperative character, i.e. they must be applied. The paper concludes that the most important criminal-legal significance for criminal-legal qualification is the grouping of features that qualify crimes related to illegal deprivation of liberty into such groups, which are separated according to those qualification rules, from the whole set of various classifications. which should be applied for the legal evaluation of the committed.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117038939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-15DOI: 10.15330/apiclu.60.55-70
T.I. Sozanskyi
The article deals with the analysis of the norms of the current Criminal Code of Ukraine, which regulate public relations in the sphere of protection of the legal activity of journalists, in the part that concerns the construction of these criminal law norms.The range of criminal offenses that provide criminal legal protection of the legal activity of journalists has been defined. A study of the provisions defining the concept of a journalist in general was carried out, and a list of features that stand out in various specialized legislative acts was clarified and summarized into a single criminal-legal understanding of the concept of a journalist as a victim in a certain category of criminal offenses.A study of draft laws proposing amendments and additions to the provisions of the current criminal law legislation was conducted. Inconsistencies between the concepts used in the draft law and the current legislation have been identified. It was established that the proposed changes to the current Criminal Code of Ukraine are not always sufficiently justified and logical; somewhere they create problems with the same understanding of the same concept, which is used in different criminal law norms. The problem with the application of the concept of «journalist», which is proposed to be significantly expanded, is also considered, so its previous meaning and the practical possibility of its application are lost. It has been studied that the term «influence in any form» implies absolutely all possible variants of influence with the use of any tools or means, and therefore does not require any addition or clarification.It has been found that in some draft laws it is proposed to use legal constructions, the effectiveness of which has not been proven in criminal law, both in theory and in practice, and administrative prejudice is separately attributed to such constructions.A general analysis of criminal legal norms providing criminal legal protection of journalists was conducted, and certain similarities between them and other related criminal legal norms were determined.
{"title":"Construction of dispositions of articles that provide criminal legal protection of the journalist","authors":"T.I. Sozanskyi","doi":"10.15330/apiclu.60.55-70","DOIUrl":"https://doi.org/10.15330/apiclu.60.55-70","url":null,"abstract":"The article deals with the analysis of the norms of the current Criminal Code of Ukraine, which regulate public relations in the sphere of protection of the legal activity of journalists, in the part that concerns the construction of these criminal law norms.The range of criminal offenses that provide criminal legal protection of the legal activity of journalists has been defined. A study of the provisions defining the concept of a journalist in general was carried out, and a list of features that stand out in various specialized legislative acts was clarified and summarized into a single criminal-legal understanding of the concept of a journalist as a victim in a certain category of criminal offenses.A study of draft laws proposing amendments and additions to the provisions of the current criminal law legislation was conducted. Inconsistencies between the concepts used in the draft law and the current legislation have been identified. It was established that the proposed changes to the current Criminal Code of Ukraine are not always sufficiently justified and logical; somewhere they create problems with the same understanding of the same concept, which is used in different criminal law norms. The problem with the application of the concept of «journalist», which is proposed to be significantly expanded, is also considered, so its previous meaning and the practical possibility of its application are lost. It has been studied that the term «influence in any form» implies absolutely all possible variants of influence with the use of any tools or means, and therefore does not require any addition or clarification.It has been found that in some draft laws it is proposed to use legal constructions, the effectiveness of which has not been proven in criminal law, both in theory and in practice, and administrative prejudice is separately attributed to such constructions.A general analysis of criminal legal norms providing criminal legal protection of journalists was conducted, and certain similarities between them and other related criminal legal norms were determined.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"179 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121466608","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-30DOI: 10.15330/apiclu.59.122-131
I. Kozych
In the article, the author pays attention to the study of the main trends of the legislation of the European Union regarding the prevention of offenses committed against journalists in the context of their implementation in domestic legislation. It was established that the protection of journalists was recognized as one of the basic priorities of the EU’s criminal law policy for 2022. Under current EU law, public authorities are required to protect freedom of expression and the safety of journalists by providing an appropriate legal environment, taking criminal offenses against journalists seriously, severely prosecuting those responsible for any attack, and ensuring proper investigation and follow-up, including the application of effective , proportionate and convincing sanctions.
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Pub Date : 2022-06-30DOI: 10.15330/apiclu.59.178-190
O.R. Riznyk
Personal freedom is an inalienable property of a person embedded in his very essence, it is the embodiment of individuality and self-sufficiency of everyone, a normal condition for the development of an individual and society as a whole. We suggest that socially dangerous acts, which are provided by art. 146, 1461, 147, 149, 151, 349, 3491, 371, 444 of Criminal Code of Ukraine.Every time, researching the issue of the existence of criminal responsability and the forms of its implementation, scientists do not bypass the question of the social conditioning of these legal phenomena. In modern conditions of globalization, all civilized countries are trying to build their legislation, including criminal legislation, and, accordingly, to develop a system of countermeasures against socially dangerous acts, based on international normative acts. The international legal need to establish criminal law prohibitions in Ukrainian legislation depends on the international obligations that Ukraine has assumed before the international community. In accordance with such obligations, national legislation must be brought into line with the requirements and recommendations established in international legal documents to which Ukraine is a party. All these conventions establish the right of a person to personal freedom. In addition, some of them contain provisions on the need to establish criminal responsability and punishment for crimes related to illegal deprivation of liberty.Characterizing the criminally illegal acts connected with illegal deprivation of liberty to date, and analyzing in detail their crime-forming features, one should talk about their social danger. And the nature and degree of public danger of such criminally illegal acts is determined by the value of the entire system of criminal law protection objects, which are negatively affected.
{"title":"The social conditioning of criminal responsibility for illegal deprivation of liberty","authors":"O.R. Riznyk","doi":"10.15330/apiclu.59.178-190","DOIUrl":"https://doi.org/10.15330/apiclu.59.178-190","url":null,"abstract":"Personal freedom is an inalienable property of a person embedded in his very essence, it is the embodiment of individuality and self-sufficiency of everyone, a normal condition for the development of an individual and society as a whole. We suggest that socially dangerous acts, which are provided by art. 146, 1461, 147, 149, 151, 349, 3491, 371, 444 of Criminal Code of Ukraine.Every time, researching the issue of the existence of criminal responsability and the forms of its implementation, scientists do not bypass the question of the social conditioning of these legal phenomena. In modern conditions of globalization, all civilized countries are trying to build their legislation, including criminal legislation, and, accordingly, to develop a system of countermeasures against socially dangerous acts, based on international normative acts. The international legal need to establish criminal law prohibitions in Ukrainian legislation depends on the international obligations that Ukraine has assumed before the international community. In accordance with such obligations, national legislation must be brought into line with the requirements and recommendations established in international legal documents to which Ukraine is a party. All these conventions establish the right of a person to personal freedom. In addition, some of them contain provisions on the need to establish criminal responsability and punishment for crimes related to illegal deprivation of liberty.Characterizing the criminally illegal acts connected with illegal deprivation of liberty to date, and analyzing in detail their crime-forming features, one should talk about their social danger. And the nature and degree of public danger of such criminally illegal acts is determined by the value of the entire system of criminal law protection objects, which are negatively affected.","PeriodicalId":196689,"journal":{"name":"Actual problems of improving of current legislation of Ukraine","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132741085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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