Abstract. The scientific analysis of state-first processes regarding the functioning of the principles of tolerant cooperative interaction in social life gives grounds for drawing attention to the methodological foundations of the legal consciousness of civil society. Verbal/non-verbal aggression during the war for nine years destroys his spiritual values. The deepening of the signs of decline in the normativity of the foundations of tolerant communication leads to the leveling of the principles of freedom of speech, justice and responsibility. These processes are intensifying with the intensification of the information war against Ukraine, the methods of which are becoming new and unpredictable. Language processes are the basis of this phenomenon. Manifestations of a low level of verbal and legal culture deform state and legal reality. Freedom of speech has led to a drop in the level of use of language and etiquette norms and their transformation (to a certain extent) into hate speech. The issues of the ethics of discourse, "dialogical anthropology" are recorded not only as scientific textual universal actions, but primarily as such, which foresee the need for increased legal responsibility for violation of norms of communicative freedom. The article is devoted to newly emerging trends in social communication, which significantly worsen the general cultural level of subjects of law. This is explained by insufficient research attention to the problems of verbal deficiencies in the interaction of communicators. We are talking about changes in the national way of thinking and speaking and their modern deformations caused by the terrorist aggression of a neighboring state and a number of other objective reasons. Unethical intentions signal a wide range of unexplored consequences of the Russian-Ukrainian war and the undeveloped methods of overcoming psycho-sociolinguistic problems related to existence, logic and ethics. The need for responsible communicators to cultivate public discourse and dialogue narrative with caveats regarding communicative irresponsibility was noted. At the household level, the latter can sometimes acquire the characteristics of a verbal/non-verbal crime.
{"title":"Communicative culture and moral philosophy","authors":"A. Tokarska","doi":"10.23939/law2023.39.046","DOIUrl":"https://doi.org/10.23939/law2023.39.046","url":null,"abstract":"Abstract. The scientific analysis of state-first processes regarding the functioning of the principles of tolerant cooperative interaction in social life gives grounds for drawing attention to the methodological foundations of the legal consciousness of civil society. Verbal/non-verbal aggression during the war for nine years destroys his spiritual values. The deepening of the signs of decline in the normativity of the foundations of tolerant communication leads to the leveling of the principles of freedom of speech, justice and responsibility. These processes are intensifying with the intensification of the information war against Ukraine, the methods of which are becoming new and unpredictable. Language processes are the basis of this phenomenon. Manifestations of a low level of verbal and legal culture deform state and legal reality. Freedom of speech has led to a drop in the level of use of language and etiquette norms and their transformation (to a certain extent) into hate speech. The issues of the ethics of discourse, \"dialogical anthropology\" are recorded not only as scientific textual universal actions, but primarily as such, which foresee the need for increased legal responsibility for violation of norms of communicative freedom. The article is devoted to newly emerging trends in social communication, which significantly worsen the general cultural level of subjects of law. This is explained by insufficient research attention to the problems of verbal deficiencies in the interaction of communicators. We are talking about changes in the national way of thinking and speaking and their modern deformations caused by the terrorist aggression of a neighboring state and a number of other objective reasons. Unethical intentions signal a wide range of unexplored consequences of the Russian-Ukrainian war and the undeveloped methods of overcoming psycho-sociolinguistic problems related to existence, logic and ethics. The need for responsible communicators to cultivate public discourse and dialogue narrative with caveats regarding communicative irresponsibility was noted. At the household level, the latter can sometimes acquire the characteristics of a verbal/non-verbal crime.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"253 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349552","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}
Abstract. Consideration of the provisions related to administrative illegality aimed at encroachment on social relations involves the analysis of its main components and causes of its occurrence in normal conditions of the functioning of society, as well as in special conditions to which the legal regime of martial law belongs. The complexity of the socio-economic and political situation in Ukraine led to the introduction of martial law by the President of Ukraine (February 2022) due to military aggression by the Russian Federation. Ukrainian society and the state in today's conditions are encroached on the state system, territorial integrity and sovereignty of the country. The enemy is actively resisting, which requires significant political, economic, military and other efforts. One of the ways of countering the enemy is the combat activity of the Armed Forces of Ukraine and other military formations. Unfortunately, in the activities of military units and units, offenses are committed by individual servicemen, which encroach on relations in the military sphere and thus negatively affect the state of law and discipline among servicemen and persons equated to them. Note that military administrative offenses are one of the types of offenses. With this in mind, on March 5, 2015, the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Responsibility of Military Personnel, Granting Commanders Additional Rights and Assigning Responsibilities in a Special Period" of February 5, 2015 No. 158-U111 entered into force, which were amendments were made to the Code of Ukraine on Administrative Offenses (hereinafter ‒ Administrative Offenses Code), in particular: 1) Article 15 of the Administrative Offenses Code was supplemented by part five with the following content: "Military servicemen for committing military administrative offenses shall bear the responsibility provided for in Chapter 13-B of this Code, provided , if these offenses do not entail criminal liability"; 2) the first part of Article 24 of the Code of Administrative Offenses, which defines the types of administrative penalties, is supplemented by point eight, which provides for the application of administrative penalties for the commission of certain military administrative offenses in the form of arrest with detention at the guardhouse; 3) chapter three of the Code of Criminal Procedure was supplemented by Article 32-1 "Arrest with detention at the guardhouse"; 4) The Code of Ukraine on Administrative Offenses was supplemented by Chapter 13-B "Military Administrative Offenses" (Articles 172-10 ‒ 172-20 of the Criminal Procedure Code). These and other measures of legal influence by the legislator on the state of legality and military discipline in the Armed Forces of Ukraine and other military formations require further analysis to clarify the essence of the signs of illegality enshrined in Art. 9 of the Code of Administrative Offenses and their conn
{"title":"On the publicly dangerous content of military administrative offenses","authors":"M. Blikhar, O. Ostapenko","doi":"10.23939/law2023.39.057","DOIUrl":"https://doi.org/10.23939/law2023.39.057","url":null,"abstract":"Abstract. Consideration of the provisions related to administrative illegality aimed at encroachment on social relations involves the analysis of its main components and causes of its occurrence in normal conditions of the functioning of society, as well as in special conditions to which the legal regime of martial law belongs. The complexity of the socio-economic and political situation in Ukraine led to the introduction of martial law by the President of Ukraine (February 2022) due to military aggression by the Russian Federation. Ukrainian society and the state in today's conditions are encroached on the state system, territorial integrity and sovereignty of the country. The enemy is actively resisting, which requires significant political, economic, military and other efforts. One of the ways of countering the enemy is the combat activity of the Armed Forces of Ukraine and other military formations. Unfortunately, in the activities of military units and units, offenses are committed by individual servicemen, which encroach on relations in the military sphere and thus negatively affect the state of law and discipline among servicemen and persons equated to them. Note that military administrative offenses are one of the types of offenses. With this in mind, on March 5, 2015, the Law of Ukraine \"On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Responsibility of Military Personnel, Granting Commanders Additional Rights and Assigning Responsibilities in a Special Period\" of February 5, 2015 No. 158-U111 entered into force, which were amendments were made to the Code of Ukraine on Administrative Offenses (hereinafter ‒ Administrative Offenses Code), in particular: 1) Article 15 of the Administrative Offenses Code was supplemented by part five with the following content: \"Military servicemen for committing military administrative offenses shall bear the responsibility provided for in Chapter 13-B of this Code, provided , if these offenses do not entail criminal liability\"; 2) the first part of Article 24 of the Code of Administrative Offenses, which defines the types of administrative penalties, is supplemented by point eight, which provides for the application of administrative penalties for the commission of certain military administrative offenses in the form of arrest with detention at the guardhouse; 3) chapter three of the Code of Criminal Procedure was supplemented by Article 32-1 \"Arrest with detention at the guardhouse\"; 4) The Code of Ukraine on Administrative Offenses was supplemented by Chapter 13-B \"Military Administrative Offenses\" (Articles 172-10 ‒ 172-20 of the Criminal Procedure Code). These and other measures of legal influence by the legislator on the state of legality and military discipline in the Armed Forces of Ukraine and other military formations require further analysis to clarify the essence of the signs of illegality enshrined in Art. 9 of the Code of Administrative Offenses and their conn","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"65 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349568","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 article is devoted to the study of the peculiarities of remote criminal proceedings caused by the introduction of martial law on the territory of Ukraine. The importance and relevance of the issue of the use of the video conference mode in the criminal process during the war are outlined. The article analyzes the legislative innovations that were established in connection with the full-scale invasion of the Russian Federation, in particular, the possibility of conducting remote court proceedings at the initiative of a judge or at the request of the participants in the proceedings, its implementation using the technical means of judges, lawyers, witnesses and other subjects of the process. The relevance of establishing the possibility in connection with the objective circumstances of joining the participant in the video conference mode using other means, rather than the technical means specified by the Criminal Procedure Code of Ukraine, is substantiated. Disadvantages that are characteristic of remote criminal proceedings and give rise to certain risks of violation of the procedural form are highlighted, in particular, the lack of possibility of reliable identification of the person acting as a participant in the legal process, lack of opportunity for the accused to communicate confidentially with his lawyer, lack of clear information about the participant's awareness of his rights and obligations ties, as well as the ability to ensure the absence of outside influence, pressure on participants, impartiality and confidentiality of the judicial process. The expediency of the further use of the Custody Records system and the EasyCon communication platform in the activities of pre-trial investigation bodies, which, among other advantages, ensure a reduction of the risk of illegal influences on the participants of criminal proceedings during the conduct of procedural actions in a remote mode, is substantiated. The expediency of integrating elements of the Unified Register of Advocates of Ukraine into the "Electronic Court" subsystem, as well as the development of a mobile "eCourt" relationship, was analyzed.
{"title":"Features of remote criminal proceedings under the conditions of the state of martial","authors":"Nataliia Sloboda","doi":"10.23939/law2023.39.213","DOIUrl":"https://doi.org/10.23939/law2023.39.213","url":null,"abstract":"The article is devoted to the study of the peculiarities of remote criminal proceedings caused by the introduction of martial law on the territory of Ukraine. The importance and relevance of the issue of the use of the video conference mode in the criminal process during the war are outlined. The article analyzes the legislative innovations that were established in connection with the full-scale invasion of the Russian Federation, in particular, the possibility of conducting remote court proceedings at the initiative of a judge or at the request of the participants in the proceedings, its implementation using the technical means of judges, lawyers, witnesses and other subjects of the process. The relevance of establishing the possibility in connection with the objective circumstances of joining the participant in the video conference mode using other means, rather than the technical means specified by the Criminal Procedure Code of Ukraine, is substantiated. Disadvantages that are characteristic of remote criminal proceedings and give rise to certain risks of violation of the procedural form are highlighted, in particular, the lack of possibility of reliable identification of the person acting as a participant in the legal process, lack of opportunity for the accused to communicate confidentially with his lawyer, lack of clear information about the participant's awareness of his rights and obligations ties, as well as the ability to ensure the absence of outside influence, pressure on participants, impartiality and confidentiality of the judicial process. The expediency of the further use of the Custody Records system and the EasyCon communication platform in the activities of pre-trial investigation bodies, which, among other advantages, ensure a reduction of the risk of illegal influences on the participants of criminal proceedings during the conduct of procedural actions in a remote mode, is substantiated. The expediency of integrating elements of the Unified Register of Advocates of Ukraine into the \"Electronic Court\" subsystem, as well as the development of a mobile \"eCourt\" relationship, was analyzed.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"157 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349577","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}
Good and evil will never agree. A spiritual struggle is needed. The evil deeds of man testify to the absence of true, perfect knowledge. The factory of knowledge is a person who, with the help of existential and transcendental virtues and having a higher spiritual inoculation, a spiritual vaccine, knows, reveals in the universe the synergistic processual effect of ionization, that is, the transformation of potential good into ontological matters. At the same time, evil necessarily takes part in ionization, as a certain incentive to the opposite action. Ionization is caused by such an ionizer as the spiritual energy of a person, his organic cognition. This process is ontological and necessary for a person to master himself and win a place for himself in the transcendental world. The metastases of evil are so penetrating that a person cannot comprehend them from beginning to end. The natural ability of man to know the world is blocked by evil. If the earthly phenomena can be known in the main, then the supernatural ones - only a part, referring to irrationality, that is, the permissibility of existence, but the impossibility (absurdity) of revealing the essences. The philosophy of law, together with its introductions to the deontology of law and canon law, convincingly proves that it is necessary to learn about the world through the prism of law. In particular, the deontology of law appeared thanks to the ontology of law. The ontology of law derives from human organics about the laws of creation of the world. Every day of the creation of the world is justified by a specific system of laws: light, space and time, the plant world, the solar system, the nature of water-air space, the nature of terrestrial space. These are the fundamental laws of the development of the world, the laws of reality act on a person and in his body, thoughts and feelings. That is why man has a name - microcosm. Thoughts and other organic factors are the basis of the human spirit, which is the leader in relation to the body, the organism. The human spirit is influenced by various teachings, theories, and religions. This leads a person to confusion. The way out of the situation is found in canon law, which offers a single knowledge, a single theory, a single faith. Therefore, there is a need to pay attention to the knowledge of canon law.
{"title":"Pedagogical aspect of meta-anthropological knowledge of canon law","authors":"S. Slyvka","doi":"10.23939/law2023.39.034","DOIUrl":"https://doi.org/10.23939/law2023.39.034","url":null,"abstract":"Good and evil will never agree. A spiritual struggle is needed. The evil deeds of man testify to the absence of true, perfect knowledge. The factory of knowledge is a person who, with the help of existential and transcendental virtues and having a higher spiritual inoculation, a spiritual vaccine, knows, reveals in the universe the synergistic processual effect of ionization, that is, the transformation of potential good into ontological matters. At the same time, evil necessarily takes part in ionization, as a certain incentive to the opposite action. Ionization is caused by such an ionizer as the spiritual energy of a person, his organic cognition. This process is ontological and necessary for a person to master himself and win a place for himself in the transcendental world. The metastases of evil are so penetrating that a person cannot comprehend them from beginning to end. The natural ability of man to know the world is blocked by evil. If the earthly phenomena can be known in the main, then the supernatural ones - only a part, referring to irrationality, that is, the permissibility of existence, but the impossibility (absurdity) of revealing the essences. The philosophy of law, together with its introductions to the deontology of law and canon law, convincingly proves that it is necessary to learn about the world through the prism of law. In particular, the deontology of law appeared thanks to the ontology of law. The ontology of law derives from human organics about the laws of creation of the world. Every day of the creation of the world is justified by a specific system of laws: light, space and time, the plant world, the solar system, the nature of water-air space, the nature of terrestrial space. These are the fundamental laws of the development of the world, the laws of reality act on a person and in his body, thoughts and feelings. That is why man has a name - microcosm. Thoughts and other organic factors are the basis of the human spirit, which is the leader in relation to the body, the organism. The human spirit is influenced by various teachings, theories, and religions. This leads a person to confusion. The way out of the situation is found in canon law, which offers a single knowledge, a single theory, a single faith. Therefore, there is a need to pay attention to the knowledge of canon law.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349612","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}
Some aspects of the use of information and communication and digital technologies /»video conference mode»/, software products during proceedings, relevant technical and procedural mechanisms of application, storage (archiving) of evidentiary information, and their regulation in domestic and other countries' legislation were studied. The use of the latest technologies during judicial proceedings becomes relevant in the case of the impossibility of a person's «physical presence» to participate in certain procedural (investigative) actions, court proceedings: in the event of an artificial or natural situation declared (introduced) in the state, a state of martial law, a state of emergency, implementation measures to ensure national security and defense, repel armed aggression of the Russian Federation. In the development of innovative technologies, individual problems that arise before the participants of criminal proceedings are subject to a fairly quick and, most importantly, operational solution with the help of modern information and communication technologies and products. If at the stages of the pre-trial investigation or trial of the case, the direct participation of a person is impossible due to objective reasons; the competent persons have given the legal permission to decide on the conduct of individual investigative or procedural actions in video conference mode. The most rational, in this context, are software products related to the improvement of telecommunication networks, in particular, the use of online services and platforms. It is only possible to single out the rapid development of mobile information technologies, particularly the mobile Internet. This field of communication all over the world, and in Ukraine as well, is mastering new standards that allow for faster and better exchange of information.
{"title":"Application of information and telecommunication technologies in criminal proceedings in Ukraine","authors":"V. Kantsir, A. Kryzhanovskyi","doi":"10.23939/law2023.39.181","DOIUrl":"https://doi.org/10.23939/law2023.39.181","url":null,"abstract":"Some aspects of the use of information and communication and digital technologies /»video conference mode»/, software products during proceedings, relevant technical and procedural mechanisms of application, storage (archiving) of evidentiary information, and their regulation in domestic and other countries' legislation were studied. The use of the latest technologies during judicial proceedings becomes relevant in the case of the impossibility of a person's «physical presence» to participate in certain procedural (investigative) actions, court proceedings: in the event of an artificial or natural situation declared (introduced) in the state, a state of martial law, a state of emergency, implementation measures to ensure national security and defense, repel armed aggression of the Russian Federation. In the development of innovative technologies, individual problems that arise before the participants of criminal proceedings are subject to a fairly quick and, most importantly, operational solution with the help of modern information and communication technologies and products. If at the stages of the pre-trial investigation or trial of the case, the direct participation of a person is impossible due to objective reasons; the competent persons have given the legal permission to decide on the conduct of individual investigative or procedural actions in video conference mode. The most rational, in this context, are software products related to the improvement of telecommunication networks, in particular, the use of online services and platforms. It is only possible to single out the rapid development of mobile information technologies, particularly the mobile Internet. This field of communication all over the world, and in Ukraine as well, is mastering new standards that allow for faster and better exchange of information.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"188 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349576","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 article analyzes social factors that affect the spread of the problem of domestic violence as a socially negative phenomenon that encroaches on physical integrity and other personal human rights. It is posited that domestic violence can be caused by social factors that affect family relationships and contribute to conflicts and aggression and the behavior, beliefs, attitudes and life correlations of individuals and groups. They cover various aspects of social and state life and include the following elements: economic and political situation in the state, educational component, way of life and features of its transformation, and others. State problems affect citizens, economic crises, poverty of the population provokes a number of other factors that, when positioned at the individual level, cause the problem to spread to many households, it has been proven that there is a positive correlation between domestic violence against women and low income. The level of education and access to education can contribute to personal and professional development, and in the social aspect to overcome inequality and discrimination. Social success, behavior, social life largely depends on the education system, which includes the process of knowledge transfer, which, through effective, actually existing institutions of society, provides young people with enough knowledge for life and development. It is reasoned that the level of education is negatively correlated with domestic violence against women, and higher education significantly reduces the risk of domestic violence against women. It has been proven that recent pandemic threats and military actions as a factor of problems in the state system and political reality have a significant impact on the behavior of the population in various areas, including causing domestic violence. It is motivated that when developing policies to prevent and combat domestic violence, it is important to recognize the intersection of social, cultural-mental and individual factors, in order not only to take into account each factor, but also the complex interaction that exists between them.
{"title":"Theoretical and legal aspects of the efficiency of legal policy in the sphere of domestic violence: social causes of the problem","authors":"I. Andrusіak","doi":"10.23939/law2023.39.150","DOIUrl":"https://doi.org/10.23939/law2023.39.150","url":null,"abstract":"The article analyzes social factors that affect the spread of the problem of domestic violence as a socially negative phenomenon that encroaches on physical integrity and other personal human rights. It is posited that domestic violence can be caused by social factors that affect family relationships and contribute to conflicts and aggression and the behavior, beliefs, attitudes and life correlations of individuals and groups. They cover various aspects of social and state life and include the following elements: economic and political situation in the state, educational component, way of life and features of its transformation, and others. State problems affect citizens, economic crises, poverty of the population provokes a number of other factors that, when positioned at the individual level, cause the problem to spread to many households, it has been proven that there is a positive correlation between domestic violence against women and low income. The level of education and access to education can contribute to personal and professional development, and in the social aspect to overcome inequality and discrimination. Social success, behavior, social life largely depends on the education system, which includes the process of knowledge transfer, which, through effective, actually existing institutions of society, provides young people with enough knowledge for life and development. It is reasoned that the level of education is negatively correlated with domestic violence against women, and higher education significantly reduces the risk of domestic violence against women. It has been proven that recent pandemic threats and military actions as a factor of problems in the state system and political reality have a significant impact on the behavior of the population in various areas, including causing domestic violence. It is motivated that when developing policies to prevent and combat domestic violence, it is important to recognize the intersection of social, cultural-mental and individual factors, in order not only to take into account each factor, but also the complex interaction that exists between them.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349630","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 article examines the problematic issues of the criminal process and criminology regarding the organization and inspection of the scene during the investigation of certain types of criminal offenses against a person's life, in particular, serial murders. The legal literature supports the scientific position that the inspection of the scene of the incident is an urgent investigative (search) action that can be carried out until the moment of entering information into the Unified Register of Pretrial Investigations of Criminal Proceedings for the purpose of quick and timely identification and procedural fixation of information regarding the circumstances of the commission of a criminal offense. which must be carried out in a qualified, timely manner and within the limits of the criminal procedural form in order to prevent the irreversible loss (destruction) of traces of a criminal offense. Taking into account the peculiarities of the commission of certain types of criminal offenses, the peculiarities of conducting an inspection of the scene of the incident in the process of pre-trial investigation of certain types of murders as criminal offenses against the life of a person are considered
{"title":"Feautures of inspection of the place of the event in the process of pre-judicial investigation of certain criminal offenses against personal life","authors":"V. Ortynskyi, Denys Bartusiak","doi":"10.23939/law2023.39.001","DOIUrl":"https://doi.org/10.23939/law2023.39.001","url":null,"abstract":"The article examines the problematic issues of the criminal process and criminology regarding the organization and inspection of the scene during the investigation of certain types of criminal offenses against a person's life, in particular, serial murders. The legal literature supports the scientific position that the inspection of the scene of the incident is an urgent investigative (search) action that can be carried out until the moment of entering information into the Unified Register of Pretrial Investigations of Criminal Proceedings for the purpose of quick and timely identification and procedural fixation of information regarding the circumstances of the commission of a criminal offense. which must be carried out in a qualified, timely manner and within the limits of the criminal procedural form in order to prevent the irreversible loss (destruction) of traces of a criminal offense. Taking into account the peculiarities of the commission of certain types of criminal offenses, the peculiarities of conducting an inspection of the scene of the incident in the process of pre-trial investigation of certain types of murders as criminal offenses against the life of a person are considered","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"32 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349634","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}
Abstract. The article examines the peculiarities of looting and other types of criminal offenses committed against property during the legal regime of martial law. As you know, the problem of preserving property is especially relevant during military operations. Among all criminal offenses, crimes aimed at the appropriation of someone else's property occupy a special place, given the numerous forms of their manifestation. It is clear that for the commission of both administrative and criminal offenses under conditions of war or state of emergency, responsibility has become tougher, taking into account the difficult economic situation of the state and the moral exhaustion of society. Military criminal offenses, in particular looting, currently require in-depth scientific research taking into account its legal aspects, which are problematic due to gaps not only in national criminal legislation, but also in separate international legal acts. A comparison of criminal liability was made before and after the adoption of the Law of Ukraine "On Amending the Criminal Code of Ukraine on Strengthening Liability for Looting" dated March 3, 2022. In addition, the legal essence of the concepts: "theft", "robbery", "robbery" was analyzed, their demarcation was proposed, taking into account their social danger in the conditions of martial law.
{"title":"Looting as a type of criminal offenses against property: features of its commitment under the conditions of the state of martial","authors":"A. Kryzhanovskyi, Sviatoslav Obrembalskyi","doi":"10.23939/law2023.39.198","DOIUrl":"https://doi.org/10.23939/law2023.39.198","url":null,"abstract":"Abstract. The article examines the peculiarities of looting and other types of criminal offenses committed against property during the legal regime of martial law. As you know, the problem of preserving property is especially relevant during military operations. Among all criminal offenses, crimes aimed at the appropriation of someone else's property occupy a special place, given the numerous forms of their manifestation. It is clear that for the commission of both administrative and criminal offenses under conditions of war or state of emergency, responsibility has become tougher, taking into account the difficult economic situation of the state and the moral exhaustion of society. Military criminal offenses, in particular looting, currently require in-depth scientific research taking into account its legal aspects, which are problematic due to gaps not only in national criminal legislation, but also in separate international legal acts. A comparison of criminal liability was made before and after the adoption of the Law of Ukraine \"On Amending the Criminal Code of Ukraine on Strengthening Liability for Looting\" dated March 3, 2022. In addition, the legal essence of the concepts: \"theft\", \"robbery\", \"robbery\" was analyzed, their demarcation was proposed, taking into account their social danger in the conditions of martial law.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349629","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 article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law. The formulation of the problem focuses attention on war crimes as an object of research. This allows us to determine the specificity of these crimes and the need for their separate legal regulation. Criminal acts in the context of armed conflict have their own characteristics and may differ from crimes committed in peacetime. Further research of this problem may include an analysis of the legal regulation of war crimes in Ukraine, a comparison with international norms, a study of the practice of prosecution of war crimes, as well as the development of proposals for improving legislation in this area. The article reveals the concept of a war crime in the criminal law of Ukraine, its characteristics, the list of war crimes provided for by the Criminal Code of Ukraine. Information is provided on the legal status and concept of war crimes according to Ukrainian legislation, as well as an analysis of international norms that regulate this problem. The problems of war crimes, the ways of their solution and regulation are disclosed. Analysis of sanctions for the commission of war crimes provided for in accordance with the legislation of Ukraine. Analysis of ensuring the rights of suspects and accused in war crimes, as well as compliance with international standards. Classification of war crimes of Ukrainian criminal law, which includes: crimes against peace, crimes against civilians and war crimes. Analysis of the protection of the rights of an individual, as well as ensuring a fair trial for suspects and accused persons.
{"title":"War crimes in criminal law of Ukraine","authors":"Rostyslav Bundz, Diana Yarovyk","doi":"10.23939/law2023.39.162","DOIUrl":"https://doi.org/10.23939/law2023.39.162","url":null,"abstract":"The article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of \"war crime\" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of \"war crime\" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law. The formulation of the problem focuses attention on war crimes as an object of research. This allows us to determine the specificity of these crimes and the need for their separate legal regulation. Criminal acts in the context of armed conflict have their own characteristics and may differ from crimes committed in peacetime. Further research of this problem may include an analysis of the legal regulation of war crimes in Ukraine, a comparison with international norms, a study of the practice of prosecution of war crimes, as well as the development of proposals for improving legislation in this area. The article reveals the concept of a war crime in the criminal law of Ukraine, its characteristics, the list of war crimes provided for by the Criminal Code of Ukraine. Information is provided on the legal status and concept of war crimes according to Ukrainian legislation, as well as an analysis of international norms that regulate this problem. The problems of war crimes, the ways of their solution and regulation are disclosed. Analysis of sanctions for the commission of war crimes provided for in accordance with the legislation of Ukraine. Analysis of ensuring the rights of suspects and accused in war crimes, as well as compliance with international standards. Classification of war crimes of Ukrainian criminal law, which includes: crimes against peace, crimes against civilians and war crimes. Analysis of the protection of the rights of an individual, as well as ensuring a fair trial for suspects and accused persons.","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"195 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349637","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}
Abstract. The establishment and maintenance of social order is an unconditional asset of civilization, an indicator of the civilized development of society. One of the valuable manifestations of the characteristic signs of the effectiveness of law in society is the appropriate legal order, which is achieved by means of influence, regulation, and provision. However, there is no doubt about the thesis that the valuable manifestation of regulation is a sign of stable social development. The regulation is considered and characterized in the context of consideration of its effective action as a regulator of social relations. The existing system of social relations in society is constantly in need of legal influence. The forms and methods of this influence change depending on social needs. The directions of activity of the subjects of relations are one of the main social properties of state power. They are implemented in a special regulatory form that organizes the relationship between the ruling and the ruled, ensuring the necessary order in various social relationships. One of the types of state power influence in its broadest sense is the legal regulation of social relations, which is an important component of the state's activity and, in particular, its law-making and law-enforcing bodies. By using a phenomenological approach, the understanding of the concept of "regulation" has been clarified, since it is scientific definitions that determine the outlook aspect of legal science, provide an opportunity to better understand various aspects of objects, processes and phenomena of legal reality, they must be clear, constructive and do not necessarily contain all the signs , which are characteristic of concepts. The main doctrinal definitions that have one or another relation to the disclosure of the concept of "regulation" are characterized. First of all, we decided on such concepts as legal regulation, self-regulation, normative regulation, individual regulation. A thorough scientific analysis of these categories provided an opportunity to consider them at a newer theoretical and methodological level, which contributed to determining their place in the system of other scientific categories. In the modern period, this problem acquires practical importance, since the effectiveness of those processes that take place at the social and state level also depends on its awareness. The concept of "regulation" (from the Latin regulo - rule) is well-grounded and means ordering, adjusting, bringing something into line with something. To regulate is to determine the behavior of people and their collectives, to direct its functioning and development, to give it certain limits, to order it purposefully. The term "to regulate" means to set limits, the scale of people's behavior, to introduce stability, system, order into social relations and thus direct them in a certain direction. It is noted that the term "regulation" refers only to law as a system of norms and
{"title":"Doctrine approaches to the disclousure of the concept of “Legal regulation”","authors":"M. Kelman, R. Kelman","doi":"10.23939/law2023.39.013","DOIUrl":"https://doi.org/10.23939/law2023.39.013","url":null,"abstract":"Abstract. The establishment and maintenance of social order is an unconditional asset of civilization, an indicator of the civilized development of society. One of the valuable manifestations of the characteristic signs of the effectiveness of law in society is the appropriate legal order, which is achieved by means of influence, regulation, and provision. However, there is no doubt about the thesis that the valuable manifestation of regulation is a sign of stable social development. The regulation is considered and characterized in the context of consideration of its effective action as a regulator of social relations. The existing system of social relations in society is constantly in need of legal influence. The forms and methods of this influence change depending on social needs. The directions of activity of the subjects of relations are one of the main social properties of state power. They are implemented in a special regulatory form that organizes the relationship between the ruling and the ruled, ensuring the necessary order in various social relationships. One of the types of state power influence in its broadest sense is the legal regulation of social relations, which is an important component of the state's activity and, in particular, its law-making and law-enforcing bodies. By using a phenomenological approach, the understanding of the concept of \"regulation\" has been clarified, since it is scientific definitions that determine the outlook aspect of legal science, provide an opportunity to better understand various aspects of objects, processes and phenomena of legal reality, they must be clear, constructive and do not necessarily contain all the signs , which are characteristic of concepts. The main doctrinal definitions that have one or another relation to the disclosure of the concept of \"regulation\" are characterized. First of all, we decided on such concepts as legal regulation, self-regulation, normative regulation, individual regulation. A thorough scientific analysis of these categories provided an opportunity to consider them at a newer theoretical and methodological level, which contributed to determining their place in the system of other scientific categories. In the modern period, this problem acquires practical importance, since the effectiveness of those processes that take place at the social and state level also depends on its awareness. The concept of \"regulation\" (from the Latin regulo - rule) is well-grounded and means ordering, adjusting, bringing something into line with something. To regulate is to determine the behavior of people and their collectives, to direct its functioning and development, to give it certain limits, to order it purposefully. The term \"to regulate\" means to set limits, the scale of people's behavior, to introduce stability, system, order into social relations and thus direct them in a certain direction. It is noted that the term \"regulation\" refers only to law as a system of norms and","PeriodicalId":505933,"journal":{"name":"Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349589","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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