Наукові статті кафедри кримінального права і процесу
Permanent URI for this collectionhttp://er.nau.edu.ua/handle/NAU/11014
Browse
Browsing Наукові статті кафедри кримінального права і процесу by Title
Now showing 1 - 20 of 280
- Results Per Page
- Sort Options
Item ANPASSUNGSPROBLEME DER UKRAINISCHEN GESETZGEBUNG MIT DEN NORMEN DER EUROPAISCHEN MENSCHENRECHTSKONVENTION(2015) Рощина, Інна ОлександрівнаItem Anticorupciono zakonodatvstvo Ukrajine - Problemi i perspective razvoja(2008) Лихова, Софія ЯківнаItem Criminal attempt in the Polish penal code(Національний авіаційний університет, 2020-03) Katarzynar, Naza; Palichleb, Patrycja; Назар, К.; Паліхлєб, П.The institution of criminal attempt is governed in Chapter II entitled "Forms of Commission of an Offence" in the general part of the Polish Penal Code (Act of 6 June 1997; consolidated text Journal of Laws of 2019, item 1950, hereinafter referred to as PC). In accordance with the wording of Article 13 § 1 PC: "Whoever with the intent to commit a prohibited act, directly attempts its commission through his conduct which, subsequently however does not take place, shall be held liable for an attempt." The second section of that provision, specifying the conditions for an inept attempt, provides that "An attempt also occurs when the perpetrator is not himself aware of the fact that committing it is impossible because of the lack of a suitable object on which to perpetrate the prohibited act or because of the use of means not suitable for perpetrating this prohibited act."Item Criminal law characteristic of an impersonal vote (article 364-2 of the Criminal Code of Ukraine)(Національний авіаційний університет, 2020-03) Lykhova, Sofiia Ya.; Lychak, Volodymyr V.; Лихова, С.; Личак, В.On January 16th 2020 the Criminal Code of Ukraine (then the CC of Ukraine) was supplemented with ar. 364-2 “Commitment of a vote by one people’s deputy instead of another on the plenary session of the Verkhovna Rada of Ukraine” on the base of the law of Ukraine “About making changes in several legislative laws of Ukraine, concerning providing of a personal vote of People’s Deputies of Ukraine on the plenary session of the Verkhovna Rada of Ukraine” from December 19th 2019 № 404-IX. Thereby the criminal liability for an impersonal vote on the plenary sessions of the parliament for People’s Deputies is provided. The punishment for an impersonal vote is fine from three thousands to five thousands of the non-taxable minimum incomes. So this criminal offence appertains to the category of misdemeanors.Item The development of some basic principles of anti-criminal proceedings of Ukraine(2016) Ланцедова, Юлія ОлександрівнаItem Disposal of the life as a component of the right to life(2016) Малярчук, Назар ВікторовичThe paper investigates some of the problems of legal regulation of the constitutional right to life, but the last is viewed not only as a form of biological existence, but also as a way of self-identity in the context of the possibility to dispose of own life. Based on the analysis suggested the possibility of introducing the right to voluntary euthanasia, as a manifestation of the right to life.Item A human rights approach to liability for space damage(National Aviation University, 2018) Cемчук, Наталя Олександрівна; Semchuk, NataliaThe purpose of the research: to identify the areas of optimization of legal regulation of liability for space damage on the basis of a comprehensive analysis of international acts and legislation of foreign countries. Methods of research: To achieve the purpose of the study were used general and specific scientific (special). Among the latter, particular attention is paid to the use of the system approach and the comparative method. Results: At present, there are no studies in the Ukrainian legislation and legal science aimed at the comprehensive study of the issues of space law in the context of human rights. That is, the problem of the relationship between space law and human rights in the Ukrainian context is still not sufficiently investigated. However, for Ukraine, which is a "launching state" in the sense of international law, this issue is relevant. The study is one of the first attempts to study the issues of space law in the context of human rights, especially environmental ones. Therefore, the article focuses on the international legal aspects of liability for damage to human ecological rights, which can be caused by space objects. Discussion: The authors offer ways to optimize the legal regulation of liability for damage to human ecological rights, which can be caused by space objects and emphasize the peculiarities of responsibility "launching countries" in the context of protecting environmental human rights.Item LAW RESPONSIBILITY FROM CORRUPTION CRIMES(2008) Лихова, Софія ЯківнаItem LEGAL PROZESS IN DER UKRAINE IM LICHT DER EUROPAISCHEN VORSCHRIFTEN UND STANDARDS(2015) Лихова, Софія ЯківнаItem Main characteristic features of the Criminal Code of Ukraine of 2001(2003) Лихова, Софія ЯківнаItem Mandatory elements of the crime of human trafficking according to the Criminal Code of Georgia(Національний авіаційний університет, 2022-06) Tsikarishvili, Kakha; Цікарішвілі, КахаIt appears that the crime of human trafficking is made of 5 basic elements: Sale and purchase (or other illegal transaction); Recruitment; Coercion (or deception); Limitation of freedom/control of the victim; Exploitation. However, none of these elements are mandatory for the crime of human trafficking. They are optional in nature. Also, it appears that the Georgian law on human trafficking is too wide and requires modification, because on the one hand it may not entirely fit with international legal definition of human trafficking and on the other hand may overlap with other crimes already covered by Georgian criminal code. Discussion: the Georgian criminal code adopted in 1999 did not contain the crime of human trafficking. In 2003, the crime of human trafficking was included in the chapter of crimes directed against human rights and freedoms (Chapter 23). This chapter contains three articles related to the crime of human trafficking: Article 1431 (Human Trafficking) Article 143 2 (trafficking of minors) and Article 1431 (benefiting from the services of the victims of human trafficking); For proposer qualification of the crime of human trafficking, it is important to identify its elements and find out whether these elements are mandatory or optional. While the crime of human trafficking has a complex composition, many terms applied by the law cause divergent interpretations in legal theory. However, its important that the terms are interpreted in accordance with the international agreements on human trafficking to which Georgia is a party.Item Natural Rights of Human Being as the Basis for Reformation of Constitutional System of Ukraine(2015-01) Лихова, Софія ЯківнаItem NEUES KONZEPT ORDNUNGDES ARBEIT MIT DEN QUELLEN DER ANTI DELIKT REGIERUNGSINFORMATIONEN(2015) Ланцедова, Юлія ОлександрівнаItem The offence of identity theft in the polish criminal law (article 190a § 2 of the penal code) (part one)(Національний авіаційний університет, 2018-02) Mozgawa, Marek; Katarzyna, Nazar; Мозгава, M.; Назар, К.Purpose: the main purpose of the paper is to analyse the problem of provision concurrence of Art. 190a § 2 with other articles of the Penal Code, as well as to present the issues of imposing punishment for this offence and the statistical picture of the phenomenon of identity theft. Methods: to obtain these aims the dogmatic method was used as well as analysis of statistical data. Results: the offence under Art. 190a § 2 may be in real concurrence with the provisions describing offences against the protection of information (art. 265-268a, 269a of the Penal Code), against the credibility of documents (art. 270, art. 272, art. 273, art. 275 of the Penal Code) as well as with provisions describing offences against property (e.g.: art. 284 § 1, 285, 287, 288 § 1 or 2 of the Penal Code). Analysis of data referring to final convictions for the offence of identity theft shows that the punishment most often imposed is deprivation of liberty, almost always applied with the conditional suspension of its execution. Discussion: the number of discovered offences of theft identity is growing dynamically, unfortunately, however, there is no such dynamics in the case of detection of the offence. Therefore the question arises about the causes of the detection results becoming poorer every year.Item The offence of stalking in polish criminal law (art 190A 1 of the criminal code)(2016) Mozgawa, Marek; Nazar, KatarzynaThe article discusses the statutory features of the offence of stalking, which is quite new in Polish criminal law systems. Therefore its present shape may lead to some controversies and cause some interpretation problems, especially in practice. This is important as there are many such offences detected each yearItem Osvald Spengler’s views on legislation: the criminal legal aspects(Національний авіаційний університет, 2020-01) Semchuk, Natalia O.; Varava, Iryna P.; Семчук, Н.; Варава, І.Oswald Spengler (1880-1936) is considered a prominent figure in the Weimar Republic. His book, the Untergang des Abendlandes (firs part, published in 1918, the second in 1922) was the most widely discussed book, and had a great influence on the thinkers of the interwar period.Among the interesting features of the original style of this book is that even its title can be translated in different ways, and although the variants are close in meaning, they reflect different semantic nuances. The word "der Untergang" can mean both the collapse, the death, and just the twilight, and the unset of the celestialluminary, followed by the inaugural dawn. And a not word inthephrase – das Abendlandes (literally - eveningland) – one of the specific German terms to refer to Western Europe. Unfortunately, tha translation does not convey this play of words - "twilight" and "eveningland."Item Osvald Spengler’s views on legislation:the criminal legal aspects(Національний Авіаційний університет, 2020-03) Семчук, Наталя; Варава, ІринаThe purpose of this work is to analyze O. Spengler’s views on the essence of law and legal dynamics in the impact of criminal law and criminology. Research methods: historical, logical, comparative and other. Results: the paper is analyzing A. Spengler’s views on the substance of law and jurisprudence as expressed in Volume 2 of The Twilight of the West. The work is one of the first attempts to explore O. Spengler’s scientific heritage (using the work of foreign researchers) on the understanding of the essence of law and legal dynamics in context of criminal law. The practical value of this work is that it, based on the analysis of foreign sources, formulated conclusions that can be used in context of contemporary jurisprudence and criminalization policies. As in ancient times, when drafting laws, politicians do not pay much attention to the extent to which they reflect the current conditions of life of society, and, accordingly, fulfill their purpose of protecting public life from crime.Item Problem opredeljenja sadrzine fenomena "pravo"(2008) Лихова, Софія ЯківнаItem Psychological well-being of prisoners as a factor in penitentiary reform(Eurasian Exercise and Sport Science Association (EESA), 2019-10) Lykhova, Sofiia; Semchuk, Natalia; Rybikova, HannaThe classical approach to the analysis of positive social climate follows on the scope of criminal psychology. However, it has a wider perspective. After all, the criteria presented on this scale affect not only the psychological well-being of the convicts but also serve as a benchmark for real change in the conditions of holding the convicts, which is in the focus of attention to penal law and criminology. At the same time, the aim of the paper is to study the development and modern state of implementation of international standards for the treatment of convicted persons. The aim of this paper is to study the development and modern state of implementation of international standards for the treatment of convicted persons. It is also the task of the article to choose the most appropriate scale for assessing the social climate in Ukrainian prisons. This will allow contributing to the improvement of human rights in Ukraine, improve the state statistics, and help to understand the real needs of convicts. The article explores the importance of an effective prison crime prevention system. In order to assess the condition of detention according to international standards, the PSC scale is proposed. According to this scale, the current situations in Ukrainian prisons, as well as the penitentiary practice of Ukraine, is analyzed. This paper concludes that the concept of PSC is an effective mechanism that is recommended for implementation in Ukrainian penitentiary practice. PSC system is generally suitable for its application in Ukraine. However, architectural factors should be additionally considered, as the quality of the prisons’ buildings is unsatisfactory in Ukraine.Item Punishable failure to report a crime in the Polish Penal Law(National Aviation University, 2023-09-10) Mozgawa-Saj, Dr Marta; Мозгава, МартаHistorical background. The Criminal Code of 1932 did not provide for failure to report a crime. During works on preparing that Code, the concept of penalizing such behavior was approached with some skepticism. As W. Makowski pointed out, “the entire construction of these factual states can at all be regarded as remnants of the period of the state’s struggle against crime, when the penalizing authority had to resort to the help of citizens enforced by the threat of punishment” [1, p. 132]. Contrary to the intentions of the authors of the Criminal Code of 1932, this crime was introduced in art. 21 of the Decree of the President of the Republic of Poland of 24.10.1934 on certain crimes against state security (Journal of laws No 94, item 851). In fact, however, it was limited to the disclosure of state secrets and espionage [2, p. 232]. After World War II, the crime of not reporting a crime appeared in the socalled Little Criminal Code, i.e., the Decree of 13.06.1946 on particularly dangerous crimes during the period of reconstruction of the state – Journal of Laws No 30, item 192, as amended (art. 18). Pursuant to art. 18 § 1, it was punishable not to notify (immediately) the authority appointed to prosecute the offences by the person who had credible knowledge of the offence referred to in art. 1, 3, 4, 7, 13 or 14 of the Decree or in art. 85 to 88 of the Polish Military Criminal Code.