The transition from penalty as the main purpose of punishment to correction of behavior and resocialization of convicted persons in the process of service of punishment requires updating and improvement of the criminalexecutive system of Ukraine, further active development of the probation system in general, and especially penal system. The solution of the existing shortcomings in the sphere of criminal punishment and trial is possible only by means of a consistent system reform based on scientific principles, implemented in practical area, which should be based on the stage-by-stage updating of the existing system to the modern, as transparent and understandable for the public, one of the main tasks of which will be to ensure the observance of human and civil rights. The creation of a scientific foundation for the functioning of such a system is the purpose of this scientific research. According to the set goal, the study uses a combination of both general scientific and special methods and methods of scientific knowledge, the application of which allowed to analyze the range of issues related to the correction and resocialization of convicted persons in a comprehensive manner. The current state of the criminal-executive system of Ukraine now requires updating of theoretical and adapting the legislative base by introducing foreign experience into the Ukrainian system of criminal penalties. Active development requires the system of appointment and execution of alternative punishment. Improving the system should be organized in such a way as to apply punishment to the person who committed the crime, without prejudice to its personality, and on the contrary to promote its full resocialization, which will, as a result, reduce the level of crime. Introduction of modern technologies in the work of bodies and institutions of criminal punishment and probation execution should become one of the key directions of reform implementation.
{"title":"Modern means of correction and resocialization of convicted persons","authors":"Ye. Barash","doi":"10.56215/04221201.41","DOIUrl":"https://doi.org/10.56215/04221201.41","url":null,"abstract":"The transition from penalty as the main purpose of punishment to correction of behavior and resocialization of convicted persons in the process of service of punishment requires updating and improvement of the criminalexecutive system of Ukraine, further active development of the probation system in general, and especially penal system. The solution of the existing shortcomings in the sphere of criminal punishment and trial is possible only by means of a consistent system reform based on scientific principles, implemented in practical area, which should be based on the stage-by-stage updating of the existing system to the modern, as transparent and understandable for the public, one of the main tasks of which will be to ensure the observance of human and civil rights. The creation of a scientific foundation for the functioning of such a system is the purpose of this scientific research. According to the set goal, the study uses a combination of both general scientific and special methods and methods of scientific knowledge, the application of which allowed to analyze the range of issues related to the correction and resocialization of convicted persons in a comprehensive manner. The current state of the criminal-executive system of Ukraine now requires updating of theoretical and adapting the legislative base by introducing foreign experience into the Ukrainian system of criminal penalties. Active development requires the system of appointment and execution of alternative punishment. Improving the system should be organized in such a way as to apply punishment to the person who committed the crime, without prejudice to its personality, and on the contrary to promote its full resocialization, which will, as a result, reduce the level of crime. Introduction of modern technologies in the work of bodies and institutions of criminal punishment and probation execution should become one of the key directions of reform implementation.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130199921","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}
The purpose of the research article is a theoretical and legal analysis of the issue of interpretation of euthanasia in a conflict of bioethical principles, considering philosophical, medical, biological, and legal positions. The novelty of the article is a comparative analysis of the legal regulation of euthanasia in the face of differences in bioethical principles to find optimal ways to interpret the law and apply forms of control of processes related to euthanasia. The author examines the existence of ethical grounds for the legalisation of euthanasia and interprets this phenomenon from the standpoint of the universal and objective value of human life. The ambiguity of the concept of euthanasia naturally contains a set of interrelated bioethical, medical, legal, religious aspects that cannot be considered separately. Each of them is filled with polar thoughts. Moral differences between “death with mercy” and “permission to die” are based on the principles of respect for freedom and non-harm. At the regulatory level, there are differences between the categories of “murder” and “permission to die”. From a bioethical point of view, euthanasia is focused on the principle of “do not kill”, which conflicts with the principles of charity, non-harm, respect for human freedom. The conflict of bioethical principles can be resolved by distinguishing between categories such as “murder” and “permission to die”; “refusal of maintenance treatment” and “discontinuation of maintenance treatment”; “direct and indirect termination of life”; “the patient’s right to euthanasia” and “the right to refuse treatment and other medical intervention”, etc. In Ukraine, euthanasia is prohibited by law. To legalise euthanasia in Ukraine, it is necessary to make appropriate amendments to the Constitution of Ukraine and create an appropriate regulatory framework. A recommendation is made on the expediency of forming substantive and procedural criteria at the UN and WHO levels for permitting euthanasia
{"title":"Interpretation of euthanasia in conditions of conflict of bioethical principles","authors":"Vitaliy Seredyuk","doi":"10.56215/04221201.68","DOIUrl":"https://doi.org/10.56215/04221201.68","url":null,"abstract":"The purpose of the research article is a theoretical and legal analysis of the issue of interpretation of euthanasia in a conflict of bioethical principles, considering philosophical, medical, biological, and legal positions. The novelty of the article is a comparative analysis of the legal regulation of euthanasia in the face of differences in bioethical principles to find optimal ways to interpret the law and apply forms of control of processes related to euthanasia. The author examines the existence of ethical grounds for the legalisation of euthanasia and interprets this phenomenon from the standpoint of the universal and objective value of human life. The ambiguity of the concept of euthanasia naturally contains a set of interrelated bioethical, medical, legal, religious aspects that cannot be considered separately. Each of them is filled with polar thoughts. Moral differences between “death with mercy” and “permission to die” are based on the principles of respect for freedom and non-harm. At the regulatory level, there are differences between the categories of “murder” and “permission to die”. From a bioethical point of view, euthanasia is focused on the principle of “do not kill”, which conflicts with the principles of charity, non-harm, respect for human freedom. The conflict of bioethical principles can be resolved by distinguishing between categories such as “murder” and “permission to die”; “refusal of maintenance treatment” and “discontinuation of maintenance treatment”; “direct and indirect termination of life”; “the patient’s right to euthanasia” and “the right to refuse treatment and other medical intervention”, etc. In Ukraine, euthanasia is prohibited by law. To legalise euthanasia in Ukraine, it is necessary to make appropriate amendments to the Constitution of Ukraine and create an appropriate regulatory framework. A recommendation is made on the expediency of forming substantive and procedural criteria at the UN and WHO levels for permitting euthanasia","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124951775","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}
This paper raises current theoretical and practical issues related to the implementation of a comprehensive mechanism of liability for economic criminal offences in Ukraine. The purpose of this study is to identify the main problem areas in the criminal law security of economic relations and to develop conceptual advice on their elimination. The paper uses a wide range of methodological tools (including comparative, historical, systemic, Aristotelian (dogmatic), modelling), which enabled a comprehensive and critical analysis of the current state and prospects for improving the criminal regulation of economic relations in the country. The results of the study are designed to promote the development of a unified conceptual model of protection of the national economy through criminal law. It is established that the prolonged economic crisis and distortions of market relations continue to adversely affect the state and dynamics of economic crime. The author’s opinion is also argued that since criminal law measures cannot objectively have a positive effect on economic processes, they can be relied on only to eliminate certain adverse consequences of economic activity. The study substantiated that the term “criminal offences against the market economy” in the context denoting the crimes for which responsibility is prescribed by Section VII of the Special Part of the Criminal Code of Ukraine, successfully passes conditional verification for compliance with the name of this structural part of the Criminal Code. Over the past five years, Ukraine’s criminal law policy on combating crimes in the sphere of economic activity has not undergone radical changes. Finally, there are hopes for the active development of legal research to become a reliable foundation for quality law-making to optimise the statutory framework in terms of criminal law response to economic and financial torts.
{"title":"Liability for white-collar crimes in Ukraine: Theoretical and enforcement issues","authors":"O. Dudorov, D. Kamensky","doi":"10.56215/04221201.33","DOIUrl":"https://doi.org/10.56215/04221201.33","url":null,"abstract":"This paper raises current theoretical and practical issues related to the implementation of a comprehensive mechanism of liability for economic criminal offences in Ukraine. The purpose of this study is to identify the main problem areas in the criminal law security of economic relations and to develop conceptual advice on their elimination. The paper uses a wide range of methodological tools (including comparative, historical, systemic, Aristotelian (dogmatic), modelling), which enabled a comprehensive and critical analysis of the current state and prospects for improving the criminal regulation of economic relations in the country. The results of the study are designed to promote the development of a unified conceptual model of protection of the national economy through criminal law. It is established that the prolonged economic crisis and distortions of market relations continue to adversely affect the state and dynamics of economic crime. The author’s opinion is also argued that since criminal law measures cannot objectively have a positive effect on economic processes, they can be relied on only to eliminate certain adverse consequences of economic activity. The study substantiated that the term “criminal offences against the market economy” in the context denoting the crimes for which responsibility is prescribed by Section VII of the Special Part of the Criminal Code of Ukraine, successfully passes conditional verification for compliance with the name of this structural part of the Criminal Code. Over the past five years, Ukraine’s criminal law policy on combating crimes in the sphere of economic activity has not undergone radical changes. Finally, there are hopes for the active development of legal research to become a reliable foundation for quality law-making to optimise the statutory framework in terms of criminal law response to economic and financial torts.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132239272","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}
The transition of an increasing number of social relations into the virtual space and the intensive development of information technology is accompanied by the emergence of new illegal phenomena, in particular, of a criminal law nature, which requires appropriate legal regulation. Recently, the number of infringements on public relations in the field of electronic payments has significantly increased, including by issuers of electronic wallets. This trend creates a threat to any state that encourages the international community to develop appropriate norms that should be implemented in national legislation to bring it closer to international standards. Currently, active work is underway to strengthen criminal liability in Ukraine for violations in the provision of payment services, considering the recommendations of the European Union. The purpose of the study is to analyse and develop conclusions on the advisability of implementing the recommendations of the European Union in the national criminal legislation regarding the tightening of sanctions for criminal offences committed in the field of providing payment services using non-cash means of payment. Methodological tools are selected in accordance with the goals set, the specifics of the object and the subject of the study. The study used the general dialectical method of scientific knowledge of real phenomena, their connection with prosecution for criminal offences, and general scientific and special methods of legal science. The scientific position is argued that the proposed changes to the Criminal Code of Ukraine by introducing liability for illegal actions with electronic money are formulated in such a way that it allows enforcing such a rule. According to the current legislation, it is determined that in the presence of a license to provide payment services, certain legal entities have the right to issue electronic money, in particular: banks, branches of foreign payment institutions, electronic money institutions, postal operators, the National Bank of Ukraine, state authorities and authorities local self-government. Considering that all the listed persons are legal, they are not the subject of a criminal offence, including for violations in the field of payment services. The inconsistency of national legislation with the requirements of international standards on the criminalisation of certain acts committed in the field of payment services necessitates further study and the development of recommendations for harmonising the current legislation.
{"title":"Implementation of the european union recommendations on strengthening the criminal liability for offences in the provision of payment services","authors":"O. Tykhonova","doi":"10.56215/04221201.17","DOIUrl":"https://doi.org/10.56215/04221201.17","url":null,"abstract":"The transition of an increasing number of social relations into the virtual space and the intensive development of information technology is accompanied by the emergence of new illegal phenomena, in particular, of a criminal law nature, which requires appropriate legal regulation. Recently, the number of infringements on public relations in the field of electronic payments has significantly increased, including by issuers of electronic wallets. This trend creates a threat to any state that encourages the international community to develop appropriate norms that should be implemented in national legislation to bring it closer to international standards. Currently, active work is underway to strengthen criminal liability in Ukraine for violations in the provision of payment services, considering the recommendations of the European Union. The purpose of the study is to analyse and develop conclusions on the advisability of implementing the recommendations of the European Union in the national criminal legislation regarding the tightening of sanctions for criminal offences committed in the field of providing payment services using non-cash means of payment. Methodological tools are selected in accordance with the goals set, the specifics of the object and the subject of the study. The study used the general dialectical method of scientific knowledge of real phenomena, their connection with prosecution for criminal offences, and general scientific and special methods of legal science. The scientific position is argued that the proposed changes to the Criminal Code of Ukraine by introducing liability for illegal actions with electronic money are formulated in such a way that it allows enforcing such a rule. According to the current legislation, it is determined that in the presence of a license to provide payment services, certain legal entities have the right to issue electronic money, in particular: banks, branches of foreign payment institutions, electronic money institutions, postal operators, the National Bank of Ukraine, state authorities and authorities local self-government. Considering that all the listed persons are legal, they are not the subject of a criminal offence, including for violations in the field of payment services. The inconsistency of national legislation with the requirements of international standards on the criminalisation of certain acts committed in the field of payment services necessitates further study and the development of recommendations for harmonising the current legislation.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121071903","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}
The relevance of the study is conditioned by a number of problems of declaring legal acts unconstitutional and the specifics of the consequences of such decisions to guarantee the rights of the individual. This requires a review of approaches to the temporal effect of the relevant decisions of the Constitutional Court, to guarantee the right to review court decisions adopted based on an act that has been declared unconstitutional. At the same time, it is necessary to put forward new proposals for legal regulation of the analysed area, optimal for the rule of law and ensuring the right to a fair trial. The purpose of the study is to clarify certain features and consequences of declaring legal acts unconstitutional to further ensure the rights of citizens and make proposals for amendments to the legislation. The methodological basis of the study is the dialectical and materialist method, general and special methods of legal science, in particular, system and structural, comparative law, logical and legal (dogmatic). The scientific originality lies in a comprehensive clarification of the features of the legal consequences of declaring legal acts unconstitutional and making proposals for regulatory settlement of identified problems in the conditions of Ukrainian law enforcement. According to the findings, the importance of guaranteeing the normative and practical connection between the content of the act and its impact on the damage to anyone, the proportionality of ways to compensate, and the range of legal relations in which such damage can be compensated
{"title":"Some aspects of declaring legal acts unconstitutional","authors":"Andrii Pomazanov","doi":"10.56215/04221201.59","DOIUrl":"https://doi.org/10.56215/04221201.59","url":null,"abstract":"The relevance of the study is conditioned by a number of problems of declaring legal acts unconstitutional and the specifics of the consequences of such decisions to guarantee the rights of the individual. This requires a review of approaches to the temporal effect of the relevant decisions of the Constitutional Court, to guarantee the right to review court decisions adopted based on an act that has been declared unconstitutional. At the same time, it is necessary to put forward new proposals for legal regulation of the analysed area, optimal for the rule of law and ensuring the right to a fair trial. The purpose of the study is to clarify certain features and consequences of declaring legal acts unconstitutional to further ensure the rights of citizens and make proposals for amendments to the legislation. The methodological basis of the study is the dialectical and materialist method, general and special methods of legal science, in particular, system and structural, comparative law, logical and legal (dogmatic). The scientific originality lies in a comprehensive clarification of the features of the legal consequences of declaring legal acts unconstitutional and making proposals for regulatory settlement of identified problems in the conditions of Ukrainian law enforcement. According to the findings, the importance of guaranteeing the normative and practical connection between the content of the act and its impact on the damage to anyone, the proportionality of ways to compensate, and the range of legal relations in which such damage can be compensated","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-01-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114170841","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}
The criminalisation of public relations, which is noticeable in many countries of the modern world, is acutely felt in Ukraine as well. Usually a citizen is defenceless against crime, and criminals are not always punished. This situation forces modern science to turn to understanding a number of current issues related to the causes and consequences of illegal behaviour, to identify ways to prevent it. This circumstance determines the relevance of the subject matter. The purpose of the study is to identify and characterise the causes of illegal behaviour and its consequences in the modern world, in Ukraine in particular. The scientific originality of the results allow expanding and refining knowledge about the causes of illegal behaviour. First of all, this applies to the reasons that are conditioned by the challenges and threats that are relevant in modern world. These include globalisation, artificial intelligence, the spread of viruses. The practical significance is that the laws and recommendations defined in the paper can be used both in the training of specialists in the specialty “law” and in practical activities to prevent illegal, in particular, criminal behaviour. As a result, the study came to the conclusion that the causes of illegal behaviour are mainly related to the acute contradictions of society itself, injustice and social inequality, which has always existed and exists now, total corruption. Psychological and biological factors that determine one or another behaviour in each case should also be taken into account. Questionable morality of public consumption has an extremely negative effect on behaviour. It can be argued that a person’s illegal behaviour is the result of a complex interaction of many factors, the action of which is mediated by specific relationships, the specific situation in which the person finds themself. Socially dangerous consequences of illegal behaviour can be crimes that cause real damage to public relations, which is expressed in a set of negative changes causally related to illegal behaviour, which affect the social, legal, economic, moral, and other values of society and the individual in particular. Civilised countries are able to control human behaviour and respond to the threats and challenges of today. Control over behaviour implies voluntary self-restriction of rights, but such self-restriction is necessary for the survival of mankind. It is necessary to change the system of values, moral and ethical norms adopted in society to reduce the manifestations of illegal behaviour. A holistic approach to neutralising the causes of illegal behaviour requires a social policy aimed at overcoming social injustice.
{"title":"Illegal behaviour in the modern world: Causes and consequences","authors":"V. Tymoshenko","doi":"10.56215/04221201.9","DOIUrl":"https://doi.org/10.56215/04221201.9","url":null,"abstract":"The criminalisation of public relations, which is noticeable in many countries of the modern world, is acutely felt in Ukraine as well. Usually a citizen is defenceless against crime, and criminals are not always punished. This situation forces modern science to turn to understanding a number of current issues related to the causes and consequences of illegal behaviour, to identify ways to prevent it. This circumstance determines the relevance of the subject matter. The purpose of the study is to identify and characterise the causes of illegal behaviour and its consequences in the modern world, in Ukraine in particular. The scientific originality of the results allow expanding and refining knowledge about the causes of illegal behaviour. First of all, this applies to the reasons that are conditioned by the challenges and threats that are relevant in modern world. These include globalisation, artificial intelligence, the spread of viruses. The practical significance is that the laws and recommendations defined in the paper can be used both in the training of specialists in the specialty “law” and in practical activities to prevent illegal, in particular, criminal behaviour. As a result, the study came to the conclusion that the causes of illegal behaviour are mainly related to the acute contradictions of society itself, injustice and social inequality, which has always existed and exists now, total corruption. Psychological and biological factors that determine one or another behaviour in each case should also be taken into account. Questionable morality of public consumption has an extremely negative effect on behaviour. It can be argued that a person’s illegal behaviour is the result of a complex interaction of many factors, the action of which is mediated by specific relationships, the specific situation in which the person finds themself. Socially dangerous consequences of illegal behaviour can be crimes that cause real damage to public relations, which is expressed in a set of negative changes causally related to illegal behaviour, which affect the social, legal, economic, moral, and other values of society and the individual in particular. Civilised countries are able to control human behaviour and respond to the threats and challenges of today. Control over behaviour implies voluntary self-restriction of rights, but such self-restriction is necessary for the survival of mankind. It is necessary to change the system of values, moral and ethical norms adopted in society to reduce the manifestations of illegal behaviour. A holistic approach to neutralising the causes of illegal behaviour requires a social policy aimed at overcoming social injustice.","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134309427","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}
The quality of the work of the polygraph examiner and the results of the performed psychophysiological studies with the use of polygraph depends largely on the correctness of the used test formats, the purpose of which is to serve as indicators in checking the information data from the investigated persons for their authenticity. They identify the mechanism of implementation of the relevant methods, which, due to their proper application by a polygraph examiner, provide verified results. Different schools for the preparation of future polygraph examiner provide different and even outdated educational methodological tools, which do not always reflect modern approaches in the technologies of application of test formats, which causes unusual understanding and perception. Introduction of innovations in use of test formats and is the purpose of this research. The study uses the general dialectic method of scientific knowledge of real phenomena, as well as general scientific and special methods of polygraphology. The scientific opinion on modern possibilities of introduction of new test formats, which form the basis of polygraph methods for their use in law-enforcement activities of polygraph examiner in the process of psychophysiological researches with application of polygraph, is substantiated. The classification of these methods and their characteristics is given depending on the direction of the polygraph procedure by the polygraph examiner. It has been established that the most famous, recognized and applied in scientific and practical circles of polygraph examiners tests on cognition and detection of deception. In the first group of test formats only polygraph method of CIT, which according to Meta-analysis can be applied as research, not proof, is considered to be a qualified one. In the second group of test formats the “Evidence-based methods”, “Methods for pair testing” and “Research methods” are the most valid. Each of them has the appropriate content and target direction and is recommended for use in a specific category of carrying out psychophysiological researches using polygraph
{"title":"The essence of polygraph test formats and requirements for their application","authors":"Oleksandr Motlyakh, V. Shapovalov","doi":"10.56215/04221201.77","DOIUrl":"https://doi.org/10.56215/04221201.77","url":null,"abstract":"The quality of the work of the polygraph examiner and the results of the performed psychophysiological studies with the use of polygraph depends largely on the correctness of the used test formats, the purpose of which is to serve as indicators in checking the information data from the investigated persons for their authenticity. They identify the mechanism of implementation of the relevant methods, which, due to their proper application by a polygraph examiner, provide verified results. Different schools for the preparation of future polygraph examiner provide different and even outdated educational methodological tools, which do not always reflect modern approaches in the technologies of application of test formats, which causes unusual understanding and perception. Introduction of innovations in use of test formats and is the purpose of this research. The study uses the general dialectic method of scientific knowledge of real phenomena, as well as general scientific and special methods of polygraphology. The scientific opinion on modern possibilities of introduction of new test formats, which form the basis of polygraph methods for their use in law-enforcement activities of polygraph examiner in the process of psychophysiological researches with application of polygraph, is substantiated. The classification of these methods and their characteristics is given depending on the direction of the polygraph procedure by the polygraph examiner. It has been established that the most famous, recognized and applied in scientific and practical circles of polygraph examiners tests on cognition and detection of deception. In the first group of test formats only polygraph method of CIT, which according to Meta-analysis can be applied as research, not proof, is considered to be a qualified one. In the second group of test formats the “Evidence-based methods”, “Methods for pair testing” and “Research methods” are the most valid. Each of them has the appropriate content and target direction and is recommended for use in a specific category of carrying out psychophysiological researches using polygraph","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"22 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122018664","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}
The urgency lies in the fact that uninformed cooperation is not effectively used to protect human rights from unlawful encroaching, and sometimes harms these rights. This is largely due to the unsystematic nature of legal regulation. Systematic regulation of covert cooperation should be based on an ideological basis that would ensure its focus on the fulfillment by the state of the basic obligation to ensure human rights. The development of such a system of legal regulation of the use of covert cooperation should be based on the proper theoretical foundation: the reasonable role and place of covert cooperation in the mechanism of human rights protection. Creation of such foundation is the purpose of this research. The study uses the general dialectical method of scientific knowledge of real phenomena, their relations with practical activity of law-enforcement agencies, as well as general scientific and special methods of legal science. The covert cooperation is subject to legal regulation at all stages included in the dynamic dimension of the mechanism of human rights protection, defendant and realization. At the stage of human rights protection, the covert cooperation is embodied in measures aimed at prevention of criminal offenses, clarification, prevention or elimination of the causes of them. At the stage of human rights protection, the covert cooperation is used to restore violated rights, ensure compensation for damages, and bring the guilty to justice. At the stage of realization of human rights, the covert cooperation is used for the purpose of hidden control over proper fulfillment of the duties of authorized subjects to create the necessary conditions for transformation of declared social benefits into a state of their possible and actual use by a specific person
{"title":"The covert cooperation in the mechanism of ensuring human rights","authors":"M. Hribov","doi":"10.56215/04221201.48","DOIUrl":"https://doi.org/10.56215/04221201.48","url":null,"abstract":"The urgency lies in the fact that uninformed cooperation is not effectively used to protect human rights from unlawful encroaching, and sometimes harms these rights. This is largely due to the unsystematic nature of legal regulation. Systematic regulation of covert cooperation should be based on an ideological basis that would ensure its focus on the fulfillment by the state of the basic obligation to ensure human rights. The development of such a system of legal regulation of the use of covert cooperation should be based on the proper theoretical foundation: the reasonable role and place of covert cooperation in the mechanism of human rights protection. Creation of such foundation is the purpose of this research. The study uses the general dialectical method of scientific knowledge of real phenomena, their relations with practical activity of law-enforcement agencies, as well as general scientific and special methods of legal science. The covert cooperation is subject to legal regulation at all stages included in the dynamic dimension of the mechanism of human rights protection, defendant and realization. At the stage of human rights protection, the covert cooperation is embodied in measures aimed at prevention of criminal offenses, clarification, prevention or elimination of the causes of them. At the stage of human rights protection, the covert cooperation is used to restore violated rights, ensure compensation for damages, and bring the guilty to justice. At the stage of realization of human rights, the covert cooperation is used for the purpose of hidden control over proper fulfillment of the duties of authorized subjects to create the necessary conditions for transformation of declared social benefits into a state of their possible and actual use by a specific person","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129055518","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}
The purpose of this research is a systematic analysis of the identity of the criminal as an element of the forensic characteristics of the crime provided for in Article 368 of the Criminal Code of Ukraine. Terminological, systemic-structural, formal-logical, comparative-legal, statistical methods were used during the processing of materials in the research. It has been proven that the identity of the criminal is one of the most important elements of the forensic characterization of the crimes provided for in Article 368 of the Criminal Code of Ukraine. It was determined that the criminal's identity as an element of his forensic characteristics in the case of acceptance of an offer, promise or receipt of an unlawful benefit is distinguished by specific features in the set of biological, psychological and social properties of the individual. It is claimed that criminals of this kind are: mostly men, who in most cases occupy managerial positions; persons with a low level of cultural awareness, focused on meeting personal financial and economic needs, commit crimes mostly alone, less often in small groups of persons, more often as an official, and one who provides or offers to provide an illegal benefit, while equally trying to hide the commission of such crimes. The necessity of studying all elements of their forensic characteristics and establishing relationships between them is substantiated
{"title":"The identity of the criminal as an element of the forensic characteristics of the crime under Article 368 of the Criminal Code of Ukraine","authors":"A. Poliakh","doi":"10.56215/04212202.24","DOIUrl":"https://doi.org/10.56215/04212202.24","url":null,"abstract":"The purpose of this research is a systematic analysis of the identity of the criminal as an element of the forensic characteristics of the crime provided for in Article 368 of the Criminal Code of Ukraine. Terminological, systemic-structural, formal-logical, comparative-legal, statistical methods were used during the processing of materials in the research. It has been proven that the identity of the criminal is one of the most important elements of the forensic characterization of the crimes provided for in Article 368 of the Criminal Code of Ukraine. It was determined that the criminal's identity as an element of his forensic characteristics in the case of acceptance of an offer, promise or receipt of an unlawful benefit is distinguished by specific features in the set of biological, psychological and social properties of the individual. It is claimed that criminals of this kind are: mostly men, who in most cases occupy managerial positions; persons with a low level of cultural awareness, focused on meeting personal financial and economic needs, commit crimes mostly alone, less often in small groups of persons, more often as an official, and one who provides or offers to provide an illegal benefit, while equally trying to hide the commission of such crimes. The necessity of studying all elements of their forensic characteristics and establishing relationships between them is substantiated","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121191520","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}
The purpose of the study is to study the techniques and methods of cognition of legal phenomena, to conduct a scientific analysis of the rights of the child as a legal phenomenon, to identify general patterns, and to formalize and generalize the rights of the child at the global and national levels. The methodological basis of the study was the use of a set of methods necessary for the realization of the scientific goal and the fulfillment of the tasks set, in particular: analysis of the rights of the child in international documents and legislation of Ukraine, the method of generalization, hermeneutics for the interpretation and processing of texts of normative and doctrinal sources, other philosophical, general scientific and special methods. The scientific novelty is that the author for the first time considers the rights of the child as a legal phenomenon that has specific features depending on the subject, types and age of the child. The author highlights the methodological foundations of cognition of children's rights at each stage of their development and suggests the use of a number of the above methods. The scientific tools for cognizing the rights of the child are structured. The study of children's rights is a complex and multifaceted process of human thinking which is necessary for improving legal mechanisms and protecting the rights of minors. The methods and techniques of cognition depend on the specifics of the legal phenomenon and the field of cognition. However, the scientific approaches, methods and principles of scientific research of children's rights considered in our study should be applied in a comprehensive manner, avoiding contradictions and refutation of the results obtained using various tools. All these methodological tools prove their value at every stage and in every segment of the study. Depending on the object of knowledge, it is obvious that a certain methodological toolkit prevails for the realization of a specific research task. Based on the study, a number of generalizations have been formulated, including the following: scientific cognition of children's rights is impossible without a well-chosen methodology; the methodology of scientific cognition of children's rights is a complex phenomenon which encompasses the structure and system of legal scientific knowledge, its theories and concepts. The methodological foundations of cognition of children's rights form a multi-level system that is developed by the principles of scientific knowledge, the dominant worldview, the type of scientific thinking, philosophical foundations, scientific paradigms, methodological approaches and scientific methods
{"title":"Methodological foundations of the cognition of children's rights","authors":"O. Maksymenko","doi":"10.56215/04212202.13","DOIUrl":"https://doi.org/10.56215/04212202.13","url":null,"abstract":"The purpose of the study is to study the techniques and methods of cognition of legal phenomena, to conduct a scientific analysis of the rights of the child as a legal phenomenon, to identify general patterns, and to formalize and generalize the rights of the child at the global and national levels. The methodological basis of the study was the use of a set of methods necessary for the realization of the scientific goal and the fulfillment of the tasks set, in particular: analysis of the rights of the child in international documents and legislation of Ukraine, the method of generalization, hermeneutics for the interpretation and processing of texts of normative and doctrinal sources, other philosophical, general scientific and special methods. The scientific novelty is that the author for the first time considers the rights of the child as a legal phenomenon that has specific features depending on the subject, types and age of the child. The author highlights the methodological foundations of cognition of children's rights at each stage of their development and suggests the use of a number of the above methods. The scientific tools for cognizing the rights of the child are structured. The study of children's rights is a complex and multifaceted process of human thinking which is necessary for improving legal mechanisms and protecting the rights of minors. The methods and techniques of cognition depend on the specifics of the legal phenomenon and the field of cognition. However, the scientific approaches, methods and principles of scientific research of children's rights considered in our study should be applied in a comprehensive manner, avoiding contradictions and refutation of the results obtained using various tools. All these methodological tools prove their value at every stage and in every segment of the study. Depending on the object of knowledge, it is obvious that a certain methodological toolkit prevails for the realization of a specific research task. Based on the study, a number of generalizations have been formulated, including the following: scientific cognition of children's rights is impossible without a well-chosen methodology; the methodology of scientific cognition of children's rights is a complex phenomenon which encompasses the structure and system of legal scientific knowledge, its theories and concepts. The methodological foundations of cognition of children's rights form a multi-level system that is developed by the principles of scientific knowledge, the dominant worldview, the type of scientific thinking, philosophical foundations, scientific paradigms, methodological approaches and scientific methods","PeriodicalId":334836,"journal":{"name":"Ûridičnij časopis Nacìonalʹnoï akademìï vnutrìšnìh sprav","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129131346","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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