Pub Date : 2023-05-28DOI: 10.46398/cuestpol.4177.10
Serhiy Trach, Oleksandr Nahorniuk-Danyliuk, Sergii Rossokha, D. Shumeiko, Yurii Yermakov
The article was aimed at analyzing the characteristics of the procedure for conducting a special investigation (in absentia) in criminal proceedings concerning the legalization (laundering) of criminally obtained taxes. Attention is drawn to the fact that the concepts of "special criminal procedure", "special pre-trial investigation", "special court procedure" are not formulated by the legislator, but the legal norms concerning their practical implementation are found in various parts of the Criminal Procedure Code of Ukraine. It is understood that in the procedural decision to clarify the concept of "special criminal procedure" it is necessary to be guided by the general concept of "criminal procedure" with characteristic features for the special criminal procedure. It was concluded about the imperfection of the legislative provisions regulating the matter under consideration, in particular, the basic concepts establishing the basis for their application, what procedural acts should be performed in the absence of the accused? What is the procedural term of such an investigation? This question is not defined. The proposed changes to the legislation are aimed at improving the procedural order of a pre-trial investigation in criminal proceedings related to the legalization of taxes obtained by criminal means.
{"title":"Procedure in absentia in criminal proceedings for legalization (laundering) of taxes derived from crime","authors":"Serhiy Trach, Oleksandr Nahorniuk-Danyliuk, Sergii Rossokha, D. Shumeiko, Yurii Yermakov","doi":"10.46398/cuestpol.4177.10","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.10","url":null,"abstract":"The article was aimed at analyzing the characteristics of the procedure for conducting a special investigation (in absentia) in criminal proceedings concerning the legalization (laundering) of criminally obtained taxes. Attention is drawn to the fact that the concepts of \"special criminal procedure\", \"special pre-trial investigation\", \"special court procedure\" are not formulated by the legislator, but the legal norms concerning their practical implementation are found in various parts of the Criminal Procedure Code of Ukraine. It is understood that in the procedural decision to clarify the concept of \"special criminal procedure\" it is necessary to be guided by the general concept of \"criminal procedure\" with characteristic features for the special criminal procedure. It was concluded about the imperfection of the legislative provisions regulating the matter under consideration, in particular, the basic concepts establishing the basis for their application, what procedural acts should be performed in the absence of the accused? What is the procedural term of such an investigation? This question is not defined. The proposed changes to the legislation are aimed at improving the procedural order of a pre-trial investigation in criminal proceedings related to the legalization of taxes obtained by criminal means.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42371072","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.07
O. Krupchan, O. Salmanova, N. Makarenko, A. Paskar, Vitalii Yatskovyna
The purpose of the article was to analyze the availability of justice within the Ukrainian administrative judicial system, examining its specific features in terms of martial law and the possibilities of its improvement, due to the implementation of European standards in Ukrainian legislation. The research methods used were: monographic analysis, analysis and synthesis, systemic, generalization, forecasting, etc. It has been found that the principle of access to justice is manifested in the ability of a person to receive unimpeded judicial protection and to apply for judicial protection of one's rights. It has been emphasized that the reform of the judicial procedure in the resolution of administrative disputes requires the earlier introduction of digital technologies and Artificial Intelligence technologies. This will help to ease the burden on the court system and judges, speed up the time of hearing court cases, reduce the costs of their storage and archiving, simplify the presentation of statements and evidence in court, etc. It is concluded that the implementation of the European standards of the administrative process will lead to ensuring the appropriate degree of access to justice in Ukraine and increase public confidence in the judiciary.
{"title":"Access to Justice within Administrative Proceedings of Ukraine: Modern Realities and European Experience","authors":"O. Krupchan, O. Salmanova, N. Makarenko, A. Paskar, Vitalii Yatskovyna","doi":"10.46398/cuestpol.4177.07","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.07","url":null,"abstract":"The purpose of the article was to analyze the availability of justice within the Ukrainian administrative judicial system, examining its specific features in terms of martial law and the possibilities of its improvement, due to the implementation of European standards in Ukrainian legislation. The research methods used were: monographic analysis, analysis and synthesis, systemic, generalization, forecasting, etc. It has been found that the principle of access to justice is manifested in the ability of a person to receive unimpeded judicial protection and to apply for judicial protection of one's rights. It has been emphasized that the reform of the judicial procedure in the resolution of administrative disputes requires the earlier introduction of digital technologies and Artificial Intelligence technologies. This will help to ease the burden on the court system and judges, speed up the time of hearing court cases, reduce the costs of their storage and archiving, simplify the presentation of statements and evidence in court, etc. It is concluded that the implementation of the European standards of the administrative process will lead to ensuring the appropriate degree of access to justice in Ukraine and increase public confidence in the judiciary.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42942287","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.03
V. Kononenko, Yana Ostapchuk, O. Fizeshi, I. Humeniuk, I. Rozman
The main objective of the study was to analyze ways to improve the legal support of the linguistic and cultural aspects of language learning at school. The key method used involved a combination of modern modeling techniques. The specific topic is legal relations for language learning. The novelty is a model of legal support. Legal regulation of education is a historically conditioned form of organization of the educational process, formed as a result of the gradual growth of the role of state institutions in the performance of regulatory functions and the development of social relations. The new requirements faced by a modern teacher, his training and professional quality, make it necessary to take into account the experience and the latest achievements of other countries in the field of educational policy, in particular, in the field of foreign language teaching, as well as to identify and overcome the negative ones. In the conclusions of the case, based on the results of the study, the key aspect of improving the legal support of linguistic and cultural aspects of language learning in school was characterized.
{"title":"Improving the Legal Support of Linguistic and Cultural Aspects of Language Learning at School","authors":"V. Kononenko, Yana Ostapchuk, O. Fizeshi, I. Humeniuk, I. Rozman","doi":"10.46398/cuestpol.4177.03","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.03","url":null,"abstract":"The main objective of the study was to analyze ways to improve the legal support of the linguistic and cultural aspects of language learning at school. The key method used involved a combination of modern modeling techniques. The specific topic is legal relations for language learning. The novelty is a model of legal support. Legal regulation of education is a historically conditioned form of organization of the educational process, formed as a result of the gradual growth of the role of state institutions in the performance of regulatory functions and the development of social relations. The new requirements faced by a modern teacher, his training and professional quality, make it necessary to take into account the experience and the latest achievements of other countries in the field of educational policy, in particular, in the field of foreign language teaching, as well as to identify and overcome the negative ones. In the conclusions of the case, based on the results of the study, the key aspect of improving the legal support of linguistic and cultural aspects of language learning in school was characterized.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47892520","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.02
A. Denysova, S. Baranov, Maksym Kryvonos, L. Chupryna
The objective of the research was to consider financial and legal, administrative regulations and international experience in the exercise of control over the activities of public administration bodies. The main evaluation measures are defined to ensure the effectiveness of control measures; this evaluation is carried out according to the following stages: determination of quantitative and qualitative parameters for assessing the effectiveness of control; evaluation of the competence of control bodies or evaluation of the effectiveness of internal and external control, etc. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In addition, it has been concluded that the following criteria are proposed to evaluate the effectiveness of public administration control bodies: quality and completeness, reliability of information received by control bodies; timeliness of control, regularity of control, objectivity of control, lightness of control measures.
{"title":"Control of Activities of Public Administration Agencies: Financial, legal and administrative regulation and international experience","authors":"A. Denysova, S. Baranov, Maksym Kryvonos, L. Chupryna","doi":"10.46398/cuestpol.4177.02","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.02","url":null,"abstract":"The objective of the research was to consider financial and legal, administrative regulations and international experience in the exercise of control over the activities of public administration bodies. The main evaluation measures are defined to ensure the effectiveness of control measures; this evaluation is carried out according to the following stages: determination of quantitative and qualitative parameters for assessing the effectiveness of control; evaluation of the competence of control bodies or evaluation of the effectiveness of internal and external control, etc. The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, method of interpretation, hermeneutic method, as well as methods of analysis and synthesis. In addition, it has been concluded that the following criteria are proposed to evaluate the effectiveness of public administration control bodies: quality and completeness, reliability of information received by control bodies; timeliness of control, regularity of control, objectivity of control, lightness of control measures.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45265463","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.01
Carina del Rocio Cevallos Ramos, Katherine Elizabeth Sandoval Escobar, Ángel Bolívar Burbano Pérez
Senior business management is an activity that, due to its size, requires a higher level of organization in terms of policy formulation and design, which allows it to achieve its objectives in a context of high global competitiveness. The purpose of this article is to describe the political and legal dimensions of business management and administration. In order to achieve the proposed objective, a descriptive and hermeneutic analysis methodology was used, based on the review of various bibliographic sources, with a predominance of documentary sources in digital format, which were analyzed and discussed to elaborate the conclusions of the study. The results obtained allow us to conclude that the political and legal dimension in the administration and management of companies is oriented to customer service and to offer quality goods or services that allow them to maintain their competitiveness and profitability over time, while reasonably managing the available financial and human resources, which transforms them into miniature political units or systems where the organizational and managerial structures have formulas similar to those of a State, which must be governed under objectives and spheres of particular interests.
{"title":"Dimensión política y legal en el ámbito de la administración y dirección de empresas","authors":"Carina del Rocio Cevallos Ramos, Katherine Elizabeth Sandoval Escobar, Ángel Bolívar Burbano Pérez","doi":"10.46398/cuestpol.4177.01","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.01","url":null,"abstract":"Senior business management is an activity that, due to its size, requires a higher level of organization in terms of policy formulation and design, which allows it to achieve its objectives in a context of high global competitiveness. The purpose of this article is to describe the political and legal dimensions of business management and administration. In order to achieve the proposed objective, a descriptive and hermeneutic analysis methodology was used, based on the review of various bibliographic sources, with a predominance of documentary sources in digital format, which were analyzed and discussed to elaborate the conclusions of the study. The results obtained allow us to conclude that the political and legal dimension in the administration and management of companies is oriented to customer service and to offer quality goods or services that allow them to maintain their competitiveness and profitability over time, while reasonably managing the available financial and human resources, which transforms them into miniature political units or systems where the organizational and managerial structures have formulas similar to those of a State, which must be governed under objectives and spheres of particular interests.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46376882","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.49
L. Shchekhovska, Yuriy Gavrylechko, V. Vakuliuk, V. Bardachov, Nataliia Husarina
Using the scientific method, the main objective of the study was to identify key legal norms and aspects of anti-corruption policy in order to form the legal and professional competence of students of higher education institutions. One of the most pressing issues is corruption in public authorities and administration, which to a greater or lesser extent affects almost the entire system of public administration. A small number of criminal cases of bribery indicates a high level of latency of these crimes. The spread of this negative phenomenon is facilitated by the imperfection of legislation, in particular, economic legislation. A large number of laws, departmental instructions, orders, etc., which often contradict each other and thus create significant difficulties for the officials themselves and deprive them of any opportunity to understand the legislation regulating the matter. It is concluded that, many laws contain ambiguous language in the text, which allows officials to interpret their content in their favor.
{"title":"Presentation of legal norms of the anti-corruption policy in order to form the professional competence of higher education students","authors":"L. Shchekhovska, Yuriy Gavrylechko, V. Vakuliuk, V. Bardachov, Nataliia Husarina","doi":"10.46398/cuestpol.4177.49","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.49","url":null,"abstract":"Using the scientific method, the main objective of the study was to identify key legal norms and aspects of anti-corruption policy in order to form the legal and professional competence of students of higher education institutions. One of the most pressing issues is corruption in public authorities and administration, which to a greater or lesser extent affects almost the entire system of public administration. A small number of criminal cases of bribery indicates a high level of latency of these crimes. The spread of this negative phenomenon is facilitated by the imperfection of legislation, in particular, economic legislation. A large number of laws, departmental instructions, orders, etc., which often contradict each other and thus create significant difficulties for the officials themselves and deprive them of any opportunity to understand the legislation regulating the matter. It is concluded that, many laws contain ambiguous language in the text, which allows officials to interpret their content in their favor.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47962907","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.18
O. Predmestnikov, V. Vasylenko, N. Fastovets, O.Yu. Kurepina, Olha Hanych
The purpose of the article was to analyze the cluster strategy in various countries of the world and to highlight the legal instruments that can be used in the process of creation and operation of clusters in Ukraine, taking into account the existing post-conflict socio-economic problems. The research methods used were: analysis, synthesis, consistency, comparison, generalization and prognosis, etc. The main models of cluster development in the world practice are analyzed. The characteristics of the state strategy in the field of regional clustering in the USA, Canada, Italy, Germany, Austria, France, Finland, Japan and China are studied. The authors focused on the legal instruments used in the process of creation and operation of clusters in different countries of the world, which it is advisable to borrow and implement in the Ukrainian legislation. Finally, the following problems of cluster creation in Ukraine have been identified: the lack of a legislative framework; a state strategy to support clusters, as well as incentives for investors. It is concluded that clusters in a difficult socio-economic situation in Ukraine should help to attract investments and develop the economy of regions affected by hostilities.
{"title":"Clusters as a Mechanism for Solving Socio-Economic Problems of Post-Conflict Ukraine","authors":"O. Predmestnikov, V. Vasylenko, N. Fastovets, O.Yu. Kurepina, Olha Hanych","doi":"10.46398/cuestpol.4177.18","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.18","url":null,"abstract":"The purpose of the article was to analyze the cluster strategy in various countries of the world and to highlight the legal instruments that can be used in the process of creation and operation of clusters in Ukraine, taking into account the existing post-conflict socio-economic problems. The research methods used were: analysis, synthesis, consistency, comparison, generalization and prognosis, etc. The main models of cluster development in the world practice are analyzed. The characteristics of the state strategy in the field of regional clustering in the USA, Canada, Italy, Germany, Austria, France, Finland, Japan and China are studied. The authors focused on the legal instruments used in the process of creation and operation of clusters in different countries of the world, which it is advisable to borrow and implement in the Ukrainian legislation. Finally, the following problems of cluster creation in Ukraine have been identified: the lack of a legislative framework; a state strategy to support clusters, as well as incentives for investors. It is concluded that clusters in a difficult socio-economic situation in Ukraine should help to attract investments and develop the economy of regions affected by hostilities.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42793203","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.15
Valentyna Myronenko, A. Kaliniuk, K. Kutsyk, A. Zadorozhna, I. Kovalenko
Using general scientific methods such as cognition and reflection of legal philosophy, the article is devoted to the study of peculiarities of legal protection of orphans and children deprived of parental care in Ukraine. In this connection, the definition of orphanhood is formulated, as well as the socio-legal protection of children, the main stages of the socio-legal protection of children are defined, the general principles of ensuring the family rights of children in the system of their protection are established. It was also emphasized that the social and legal protection of orphans and children left without parental care should take into account the state approach and take place in the conditions of a new adoptive, foster and adoptive family. It is concluded that, the optimization of state activities in this area lies in the formation of an effective system, the basis of which is the mechanism of socially coordinated interaction of regional authorities and society as a whole.
{"title":"Social and legal protection of orphans and children left without parental care under martial law","authors":"Valentyna Myronenko, A. Kaliniuk, K. Kutsyk, A. Zadorozhna, I. Kovalenko","doi":"10.46398/cuestpol.4177.15","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.15","url":null,"abstract":"Using general scientific methods such as cognition and reflection of legal philosophy, the article is devoted to the study of peculiarities of legal protection of orphans and children deprived of parental care in Ukraine. In this connection, the definition of orphanhood is formulated, as well as the socio-legal protection of children, the main stages of the socio-legal protection of children are defined, the general principles of ensuring the family rights of children in the system of their protection are established. It was also emphasized that the social and legal protection of orphans and children left without parental care should take into account the state approach and take place in the conditions of a new adoptive, foster and adoptive family. It is concluded that, the optimization of state activities in this area lies in the formation of an effective system, the basis of which is the mechanism of socially coordinated interaction of regional authorities and society as a whole.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43623197","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.06
Ivan Vashchynets, P. Korniienko, O. Kustovska, Zoriana Romanova, Yu.O. Sushytska
The relevance of the study lies in the fact that in Ukraine under martial law the system of protection of intellectual property rights and mechanisms of its public administration is continuously transformed, which implies a scientific search to identify the problems that exist in this area and the development of effective practical solutions to overcome them. The purpose of the study was to identify the main features and obstacles arising in the implementation of public administration in the field of intellectual property and the implementation of protection of its objects under martial law in Ukraine. The research methods used were general and special legal methods of knowledge. Everything allows to conclude that there is an urgent need to develop new mechanisms of digital security of copyrights and to push forward the creation of blockchain accounting of copyright objects. Similarly, a revision of the approach to the evaluation of objects of intellectual property rights and the determination of the inventive level is needed, as a condition of possibility to adapt the legislation governing the matter to the needs of today's society.
{"title":"Peculiarities of state regulation of intellectual property rights protection","authors":"Ivan Vashchynets, P. Korniienko, O. Kustovska, Zoriana Romanova, Yu.O. Sushytska","doi":"10.46398/cuestpol.4177.06","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.06","url":null,"abstract":"The relevance of the study lies in the fact that in Ukraine under martial law the system of protection of intellectual property rights and mechanisms of its public administration is continuously transformed, which implies a scientific search to identify the problems that exist in this area and the development of effective practical solutions to overcome them. The purpose of the study was to identify the main features and obstacles arising in the implementation of public administration in the field of intellectual property and the implementation of protection of its objects under martial law in Ukraine. The research methods used were general and special legal methods of knowledge. Everything allows to conclude that there is an urgent need to develop new mechanisms of digital security of copyrights and to push forward the creation of blockchain accounting of copyright objects. Similarly, a revision of the approach to the evaluation of objects of intellectual property rights and the determination of the inventive level is needed, as a condition of possibility to adapt the legislation governing the matter to the needs of today's society.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47742847","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 : 2023-05-28DOI: 10.46398/cuestpol.4177.50
D. Kamensky, O. Dudorov, A. Savchenko, R. Movchan, Yuliia O. Danylevska
The aim of the article was to reveal the content of the controversial elements of the illegal use of humanitarian aid, provided for in Article 201-2 of the Criminal Code of Ukraine; to clarify the validity of the introduction of this prohibition and, moreover, to discuss its impact on law enforcement. All of which in order to be able to determine the prospects for the development of criminal law in the field. Several research methods have been used in the article, such as: comparative, systemic-structural and legal-formal. Referring to the appropriate methodological basis has made it possible to delve into the issues of criminal liability for embezzlement of humanitarian aid funds in Ukraine. Based on the results of the comparative analysis, it has been noted that there are no special provisions on appropriation and embezzlement of humanitarian aid items in the legislation of certain European states. As a conclusion it has been argued that the introduction of article 201-2 in the Criminal Code, is an example of excessive criminalization because: in this case, the act, which is inherent in the social harmfulness necessary for criminalization, did not require criminalization, since criminal liability for it has already existed and is broadly typified in the law.
{"title":"Criminal liability for humanitarian aid embezzlement during war: The case of Ukraine","authors":"D. Kamensky, O. Dudorov, A. Savchenko, R. Movchan, Yuliia O. Danylevska","doi":"10.46398/cuestpol.4177.50","DOIUrl":"https://doi.org/10.46398/cuestpol.4177.50","url":null,"abstract":"The aim of the article was to reveal the content of the controversial elements of the illegal use of humanitarian aid, provided for in Article 201-2 of the Criminal Code of Ukraine; to clarify the validity of the introduction of this prohibition and, moreover, to discuss its impact on law enforcement. All of which in order to be able to determine the prospects for the development of criminal law in the field. Several research methods have been used in the article, such as: comparative, systemic-structural and legal-formal. Referring to the appropriate methodological basis has made it possible to delve into the issues of criminal liability for embezzlement of humanitarian aid funds in Ukraine. Based on the results of the comparative analysis, it has been noted that there are no special provisions on appropriation and embezzlement of humanitarian aid items in the legislation of certain European states. As a conclusion it has been argued that the introduction of article 201-2 in the Criminal Code, is an example of excessive criminalization because: in this case, the act, which is inherent in the social harmfulness necessary for criminalization, did not require criminalization, since criminal liability for it has already existed and is broadly typified in the law.","PeriodicalId":40854,"journal":{"name":"Cuestiones Politicas","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2023-05-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48990059","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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