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Journal articles on the topic 'Term "criminal offense"'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Terehovich, V., and T. Nimande. "CRIMINALISTIC METHODICS IN THE SYSTEM OF CRIMINALISTIC THEORY." Theory and Practice of Forensic Science and Criminalistics 19, no. 1 (2019): 58–73. http://dx.doi.org/10.32353/khrife.1.2019.05.

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The term “criminal investigation technique” has two meanings in the scope of Theory of Criminalistics. The first meaning of the term is used for disclosure of one of regulatory means in Criminalistics cognition - criminal investigation technique cognition. This meaning of Criminalistics technique is disclosing in the limits of structure of the process of Criminalistics cognition. The second meaning of the term “Criminalistics technique” is disclosing in the limits of description of the system of cognitive activity in the sphere of applying criminal law. During disclosure of the second me

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2

Tkachenko, I. "The relationship between the victim and the victim of a criminal offense." Uzhhorod National University Herald. Series: Law 2, no. 78 (2023): 234–41. http://dx.doi.org/10.24144/2307-3322.2023.78.2.37.

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The article examines topical issues of correlation between the victim in criminal law and the gestures of a criminal offense in criminology. This makes it possible not only to identify common and distinctive features of these categories, but also to better understand their legal nature, to determine the prospects for improving legislation in this area of legal regulation, and also to outline the boundaries of victimization prevention of crimes and criminal offenses. The author establishes that the criminological term « gestures « is certainly based on the criminal law term «victim». A vi

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3

Orlovskiy, B. M., and I. A. Osadcha. "CRIMINOLOGY AND CRIMINAL ASPECTS UNECONOMIC USE OF LANDS." Constitutional State, no. 50 (June 19, 2023): 63–71. http://dx.doi.org/10.18524/2411-2054.2023.50.280270.

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The article is devoted to the study of criminological and criminal aspects of uneconomic use of lands. This corpus of the criminal offense provides in Article 254 of the Criminal Code of Ukraine and requires detailed research. The author identified a system of determinants of this criminal offense by next: 1) the low ecological culture of the offender; 2) the desire to obtain increased profit due to the violation of technological processes of a certain production; 3) the low amount of punishment in the Criminal Code of Ukraine for committing the specified criminal offense; 4) the concealment o

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4

Kuzmenko, O. V. "Features of forensic characteristics collaboration activities." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 336–39. http://dx.doi.org/10.24144/2788-6018.2022.01.60.

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The article analyzes the forensic characteristics of criminal offenses under the newly introduced Art. 1111 «Collaborative activities» of the Criminal Code of Ukraine. It is analyzed that some forensic methods of investigating criminal offenses are based on their forensic characteristics. The investigator's knowledge of such elements as the manner of committing a criminal offense, the identity of the offender, will allow to put forward the relevant investigative versions, determine the direction of work, as well as outline the range of persons involved. It is noted that collaborationism

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Загиней-Заболотенко, Зоя, and Александр Гладун. "Corruption crime in the criminal legislation of Ukraine: problems of legislative structure." Revista Institutului Național al Justiției 4, no. 55 (2020): 50–55. https://doi.org/10.5281/zenodo.4309099.

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The list of corruption criminal offenses is enshrined in the note to Article 45 of the Criminal Code of Ukraine. At the same time, most scholars draw attention to the inconsistency of this list with the concepts of "corruption" and "corruption offense" defined in the Law of Ukraine "On Corruption Prevention". The use of exhaustive lists in the texts of regulations serves their legal certainty, but these lists make the relevant rule inflexible. The purpose of this article is to establish the expediency of enshrining the list of corruption offenses in the Criminal C

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Morozova, N. A. "A State of Administrative Punishment." Lex Russica, no. 9 (October 2, 2021): 44–53. http://dx.doi.org/10.17803/1729-5920.2021.178.9.044-053.

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The paper analyzes the negative legal consequences associated with the fact of bringing to administrative responsibility and circumstances occurring after the end of the execution of the sentence. These consequences are established not only by the Code of Administrative Offenses of the Russian Federation, but also by many other laws. They differ among themselves in the content and duration of the periods during which they arise and continue. Based on this, the author concludes that it is necessary to introduce a concept similar to the concept of "conviction" in criminal law into the legislatio

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7

Baranenko, R. "Cyber crime, computer crime or cyber offense? The analysis of the features of a terminology application." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(49) (June 8, 2021): 85–90. http://dx.doi.org/10.20535/2308-5053.2021.1(49).233023.

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Today cybercrime and computer terrorism are identified as one of the threats to Ukraine’s national security in the information sphere. Cybersecurity measures include achieving and maintaining security features in the resources of an institution or users, aimed at preventing relevant cyber threats. Cybercrime is a set of criminal offenses committed in cyberspace by computer systems or by using computer networks and other means of access to cyberspace, within computer systems or networks, as well as against computer systems, computer networks and computer data, has been widely developed. The pap

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8

Khramtsov, O. "Direct objects of illegal obstruction with the organization or conduct of assemblies, meetings, marches and demonstrations (article 340 of the Criminal Code of Ukraine)." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 435–40. http://dx.doi.org/10.24144/2788-6018.2023.04.70.

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The article examines the specifics of the direct objects of the criminal offense provided for in Art. 340 of the Criminal Code of Ukraine “Illegal obstruction with the organization or conduct of assemblies, meetings, marches and demonstrations”.The author adheres to the approach of recognizing social relations as the object of criminal offenses. He does not support the position regarding the optional definition of the object of the criminal offense.It is emphasized that the composition of the criminal offense provided for in Art. 340 of the Criminal Code of Ukraine in the system of the Special

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9

Krainyk, Hrygorii, and Yuliia Chub. "The definition of criminal offense, it`s concept, signs and significance (criminal law aspect)." Slovo of the National School of Judges of Ukraine, no. 3(36) (November 17, 2021): 67–81. http://dx.doi.org/10.37566/2707-6849-2021-3(36)-6.

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The article reveals the concept of a criminal offense as one of the main definitions in criminal law. Investigated its mandatory features, which are directly of great importance in the criminal legal assessment. It shows the lack of definition of the concept of a criminal offense in the draft of the Criminal Code of Ukraine dated by the 30 of May 2021, which consists lacking of a sign of public danger, and thereby ignores the continuity of the development of Ukrainian legislation on criminal liability and the achievements of the science of domestic criminal law. It covers the issues of differe

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10

Yermak, O. V. "Forensic characteristics of criminal offenses: concepts, signs and related legal constructions." Uzhhorod National University Herald. Series: Law 5, no. 86 (2025): 53–58. https://doi.org/10.24144/2307-3322.2024.86.5.7.

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The proposed article provides a detailed consideration of the issues that arise in the course of the search for interdisciplinary connections of criminology with criminal, criminal procedural, criminal executive law, the theory of operational investigative activity, administrative tort law, as well as with criminology and the psychology of criminal activity. The researcher draws attention to the fact that to date there is no unified position of the authors regarding the definition of the concept and meaningful content of the essential features of any of the above-mentioned characteristics asso

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11

Sydoruk I, I. "On the definition of the concept «criminal offense»." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 399–404. http://dx.doi.org/10.24144/2307-3322.2022.70.64.

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The article is devoted to general problems of inconsistency of national legislation in terms of terminology and interpretation of some key concepts of criminal law. The shortcomings of the law on criminal liability can have catastrophic consequences for a number of actors: offenders, victims, pre-trial investigation bodies, judges, etc. One of the most discussed issues in scientific and practical circles is the novella of the Criminal Code of Ukraine, which from July 1, 2020 introduced into law enforcement the term «criminal offense» as a collective in relation to the terms «crime»

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12

Hanson, R. Karl. "Long-Term Recidivism Studies Show That Desistance Is the Norm." Criminal Justice and Behavior 45, no. 9 (2018): 1340–46. http://dx.doi.org/10.1177/0093854818793382.

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A criminal history record is a valid indicator of the propensity for rule violation, and such records are rightly used in applied decision making both within and outside of the criminal justice system (e.g., employment screening). A criminal conviction, however, is a time dependent risk factor. During the past decade, researchers have examined desistance using statistical models of residual hazards. These studies find that after about 10 years offense-free (5 years for juveniles), the risk presented by most individuals with a criminal record is not meaningfully different from that of the gener

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13

Mikish, A. S. "Prior Criminal Offense As A Prerequisite For Secondary Criminal Activity." Actual problems of improving of current legislation of Ukraine, no. 54 (November 30, 2020): 129–38. http://dx.doi.org/10.15330/apiclu.54.129-138.

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In recent years, the legal literature has begun to use the concept of secondary crime, which has long been used in German criminal law and is based on the theory of involvement in a crime. An analysis of the domestic criminal law literature suggests that this concept has not yet been sufficiently disclosed by anyone. It should be noted that the problems of involvement in the crime are given much less attention than, for example, complicity. This can be explained by the fact that involvement is considered by individual scholars within the institute of complicity. The term «preceding» is i

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Barabash, Nataliia, Olena Terzi, Hanna Potapchuk, Zoriana Buryk, and Anton Chyrkin. "Legal safeguards for nature conservation and environmental preservation." Multidisciplinary Science Journal 6 (May 7, 2024): 2024ss0736. http://dx.doi.org/10.31893/multiscience.2024ss0736.

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The current situation with the surrounding natural environment has reached a critical point, making nature conservation questions highly relevant today. The research aims to examine the key legislative provisions regarding the protection of nature and the environment. The study utilizes methods of analysis, synthesis, scientific generalization, and formal-structural methods. The publication addresses the correlation between ecological and nature-resource law. It is stated that legal protection of nature and the environment in Ukraine operates on three levels: constitutional, legislative, and a

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15

Mocan, Oana-Diana. "RECIDIVISM – A FORM OF MULTIPLE OFFENSES." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 18, no. 1 (2024): 263–73. http://dx.doi.org/10.15837/aijjs.v18i1.6764.

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The notion of multiple offenses is regulated by the current Criminal Code in Title II concerning the offense, Articles 38-45, and encompasses three forms: the concurrence of offenses, recidivism, and intermediary plurality. Among these forms, recidivism is regulated by Article 41 of the Criminal Code. According to this article, "recidivism occurs when, after a final conviction to a prison sentence of more than one year and until rehabilitation or the expiration of the rehabilitation term, the convict commits a new offense with intent or aggravated intent, for which the law prescribes a prison

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16

Skok, Oleksandra, and Taisiya Shevchenko. "Features of criminal responsibility and punishment of juveniles under the criminal code of Ukraine and the Republic of Kazakhstan." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 231–37. http://dx.doi.org/10.31733/2078-3566-2020-4-231-237.

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. The place of a juvenile as a subject of a criminal offense in the system of legal regulation of issues related to criminal liability has been determined. The peculiarities of criminal responsibility and punishment of minors, defined in the Criminal Code of Ukraine and the Criminal Code of the Republic of Kazakhstan, are considered. An analysis of statistics on the number of criminal offenses committed over the past five years by persons aged 14 to 18 years. Minor fluctuations in the level of juvenile delinquency committed in Ukraine over the past five years indicate an insufficient level of

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17

Lukyanchikov, Y., and I. Tetska. "Problem issues of evidence admissibility regarding misconduct after the expiration of pre-trial investigation terms." Uzhhorod National University Herald. Series: Law 2, no. 79 (2023): 256–61. http://dx.doi.org/10.24144/2307-3322.2023.79.2.39.

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The article notes that the criminal procedural law currently does not regulate and does not set the term of pre-trial investigation from the moment of entering data on a criminal offense into the Unified Register of Pre-Trial Investigations prior to the date of serving a person with a notice of suspicion of a criminal offense. At the same time, the Code of Criminal Procedure sets such term for crimes being publicly dangerous than misconduct involving more severe punishment. The systematic analysis of general provisions of the Code of Criminal Procedure gives reasons to be sure that the term of

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18

Pchelina, O. "On the question of criminal procedural regulation of the term “electronic assets obtained by criminal route”." Uzhhorod National University Herald. Series: Law, no. 71 (August 25, 2022): 327–32. http://dx.doi.org/10.24144/2307-3322.2022.71.55.

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In the article it has been emphasized that the effectiveness of criminal proceedings in general and the seizure of such property as electronic assets obtained by criminal means, in particular, depends on understanding the nature of this type of asset and the state of its criminal procedure. It has been emphasized that the researched question acquires special value in the conditions of constant information-technological development and its introduction in all spheres of public life. It has been analyzed the provisions of regulations in which the legislator uses the term “asset”. It has been fou

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19

Deanoska – Trendafilova, Aleksandra. "From Magna Carta To The Contemporary System Of Financial Penalties In The Criminal Law." SEEU Review 11, no. 1 (2015): 40–47. http://dx.doi.org/10.1515/seeur-2015-0007.

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Abstract Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: A freeman shall not be amerced for a slight offense, except in accordance with the de

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20

Landina, Anna. "Legality of the use of coercive measures of a medical nature against subjects with mental abnormalities (based on national and international judicial practice)." Yearly journal of scientific articles “Pravova derzhava”, no. 34 (August 1, 2023): 508–17. http://dx.doi.org/10.33663/1563-3349-2023-34-508-517.

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Often, criminal offenses are committed by persons with mental abnormalities, who are recognized as mostly limited in their judgment. According to the court’s decision, coercive measures of a medical nature may be applied to such persons. Within the framework of the application of criminal-legal coercive measures of a medical nature to subjects who have committed a criminal offense, the question of the legality of their application arises. The purpose of this study is to determine the legality of applying criminal and coercive measures of a medical nature to persons with mental abnormalities wh

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21

Shamsutdinov, Oleksandr. "Violation of the handling rules of pathogens: discourse on the definition of the subject of the criminal offense." Visegrad Journal on Human Rights, no. 4 (November 11, 2024): 103–12. http://dx.doi.org/10.61345/1339-7915.2024.4.15.

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The relevance of the study is determined by the growing importance of ensuring the biological security of the state, in particular, by criminal legal means in the context of strengthening control over the activities of research, diagnostic and production microbiological laboratories that work with pathogenic material, as well as by the uncertainty of the criminal legal doctrine regarding the mandatory signs of the composition of the criminal offense under Art. 326 of the Criminal Code of Ukraine. The purpose of the article is to develop a scientifically grounded approach to the understanding o

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Shamsutdinov, O. V. "THE SUBJECT OF VIOLATION OF THE HANDLING RULES OF PATHOGENS AND TOXINS: THE PROBLEM OF LEGISLATIVE WORDING." Constitutional State, no. 56 (December 15, 2024): 186–99. https://doi.org/10.18524/2411-2054.2024.56.315695.

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The relevance of the study is determined by the growing importance of ensuring the biological security of the state, in particular, by criminal legal means in the context of strengthening control over the activities of research, diagnostic and production microbiological laboratories that work with pathogenic material, as well as by the uncertainty of the criminal legal doctrine regarding the mandatory signs of the composition of the criminal offense under Art. 326 of the Criminal Code of Ukraine. The purpose of the article is to develop a scientifically grounded approach to the understanding o

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Olefir, L. I., and S. V. Ivashko. "Criminological dimension of law enforcement officers’ activities." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 599–605. http://dx.doi.org/10.24144/2788-6018.2024.02.101.

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The article examines certain aspects of the criminological dimension of law enforcement officers' activities. It is noted that the term "law enforcement officer” is studied through the system of law enforcement agencies and the circle of their employees; it is based on the analysis of the Criminal Code of Ukraine, decisions of the Constitutional Court of Ukraine and other legal acts. It is substantiated that by the nature of their official powers, law enforcement officers are active participants in criminal legal relations, since they act as authorized officials entrusted with the performance

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SEREGIG, I. KETUT. "ANALISIS YURIDIS DISKRESI KEPOLISIAN DALAM PENERAPAN DIVERSI." PRANATA HUKUM 12, no. 2 (2017): 1–12. http://dx.doi.org/10.36448/pranatahukum.v12i2.181.

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The problem of diversion is often used as a legal reason for the parties involved as a suspect in a crime committed by a minor, both for the purpose of defense and in an attempt to avoid a suspect from imprisonment stipulated in the provisions of the law. Diversi as stipulated in Article 1 point 7 of Law Number 11 Year 2012, on the Criminal Justice System of the Child, is the transfer of the settlement of child cases from the criminal justice process to proceedings outside the criminal justice.In the case of the transfer of cases of perpetrators of minor offenses, there have been various perce

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25

Matushenko, O. "Analysis of the legislative proposals for amendments to the Penal Code Of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus Sars-Cov-2." Uzhhorod National University Herald. Series: Law, no. 69 (April 15, 2022): 346–51. http://dx.doi.org/10.24144/2307-3322.2021.69.58.

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Draft laws of Ukraine towards the amendments to the Penal Code of Ukraine aimed to overcome the pandemic disease COVID-19, caused by Coronavirus SARS-COV-2 are analyzed, namely: "On Amendments to the Penal Code (concerning the criminal liability for violation of the established procedure for vaccination of citizens against infectious diseases)" registration № 4647 26/01/2021 and "On Amendments to the Penal Code of Ukraine in terms of liability for forgery of documents about preventive vaccination" registration № 6084 23/09/21. Some disadvantages of the following drafts are identified: 1)

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VILLENEUVE, DAVID B., and VERNON L. QUINSEY. "Predictors of General and Violent Recidivism among Mentally Disordered Inmates." Criminal Justice and Behavior 22, no. 4 (1995): 397–410. http://dx.doi.org/10.1177/0093854895022004004.

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One hundred and twenty male inmates who had been released from a maximum-security inpatient psychiatric unit of a federal penitentiary were followed for an average of 92 months. Seventy-eight percent of the sample were arrested for any offense, and 50% were arrested for a violent offense. An actuarial instrument developed using Nuffield's (1982) method correlated .43 with violent recidivism, resulting in 32% relative improvement over chance. The predictors of violent recidivism in this instrument were the following: juvenile delinquency, younger age at release, drugs involved in offenses, viol

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Kubrak, R. M. "Methods of prohibited items penetration in penitentiary institutions and prevention measures." ScientifiScientific Herald of Sivershchyna. Series: Law 2021, no. 2 (2021): 102–14. http://dx.doi.org/10.32755/sjlaw.2021.02.102.

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The article analyzes the ways of penetration of prohibited items for storage and using of products, objects, things and substances in penitentiary institutions, based on statistics of their seizure in restricted areas of institutions and when trying to deliver them to protected areas. The structural components of the manufacture and transfer of prohibited items are identified, among which the subjects of receipt or manufacture of prohibited items, the subjects of transfer, the psychological and motivational component and the direct action aimed at the transfer or manufacture of these items are

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28

Levy, Yuval. "Criminal Intent: A Comment on “Foreseeability”, “Probability,” “Purpose” and “Knowledge”." Israel Law Review 30, no. 1-2 (1996): 106–25. http://dx.doi.org/10.1017/s0021223700014977.

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The use of the word “intention” has given rise to considerable uncertainty regarding criminal offenses in the Israeli justice system. The term remained undefined in the Israel Criminal Code [New Version] — 1977, despite the fact that it was used in its offense-creating provisions, and was applied by judges on a daily basis. This paper will provide a survey of Israeli jurisprudence on the meaning of the word “intention”, a comparison of relevant provisions in British law, and observations on the reform bill for Israel's Criminal Code (the General Part) of 1992.Justice Agranat authoritatively de

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Nijhof, Karin S., Raymond A. T. de Kemp, Rutger C. M. E. Engels, and Jacqueline A. M. Wientjes. "Short-Term Criminal Pathways: Type and Seriousness of Offense and Recidivism." Journal of Genetic Psychology 169, no. 4 (2008): 345–59. http://dx.doi.org/10.3200/gntp.169.4.345-359.

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Zayats, Khrestyna, and Roman Shai. "Hierarchical Structure as a Characteristic of a Criminal Organization." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 11, no. 44 (2024): 53–59. https://doi.org/10.23939/law2024.44.053.

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Abstract. Criminal organizations are complex and structured entities that operate within society with the aim of engaging in illegal activities and generating profits through criminal means. One of the key characteristics of such organizations is their hierarchical structure, which plays a significant role in the functioning and sustainability of these groups. It allows for the efficient distribution of tasks, the control of members' activities, and ensures the organization's long-term operation despite external threats. For investigative and judicial practice, scientific studies of forms of o

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Mijanić, Vedran, and Lucija Sokanić. "Delimitation of co-perpetration from aiding and abetting in the criminal offence of robbery." St open 1 (2020): 1–19. http://dx.doi.org/10.48188/so.1.7.

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Aim: Analysis of the case law related to the prosecution of the criminal offense of robbery. Robbery is a complex criminal offense committed when a perpetrator uses force against another person, as well as when they threaten to directly endanger one's life or cause physical injury, or when they seize another's movable property with the aim of misappropriating it. Methods: In selected cases, the application of main theories regarding complicity was examined and critically tested, taking into account the findings of the fact. Results: The analysis of the current case law points to the absence of

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Grodetsky, Yurii Vasylovych. "Legislative initiatives to strengthen the accountability for corruption crimes during the war period in Ukraine." Herald of the Association of Criminal Law of Ukraine 2, no. 20 (2023): 182–94. http://dx.doi.org/10.21564/2311-9640.2023.20.293226.

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The article provides a critical analysis of the Draft Law of Ukraine "On Amendments to Certain Legislative Acts on Equating the Punishment of Corrupt Criminal Offenses to High Treason During Martial Law in Ukraine" (Reg. No. 9659 dated 08/30/2023). It was revealed that the proposed draft law article 111-3 "Commitment of a corruption criminal offense during the operation of the legal regime of martial law" was created by mechanically combining the relevant features of criminal offenses provided for in Art. 191 "Appropriation, embezzlement of property or taking possession of it by abuse of offic

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Giezek, Jacek, and Konrad Lipiński. "Trójstronność przestępstwa wzięcia zakładnika. O niemożności kumulowania roli zakładnika oraz podmiotu szantażowanego." Prawo w Działaniu 49 (2022): 9–17. http://dx.doi.org/10.32041/pwd.4901.

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The authors raise the issue of the structure of the offense of taking a hostage, trying to answer the question of whether it is possible to conclude that the offense under Art. 252 CC would be committed in a situation where the subject compelled to behave in a certain manner is the hostage itself. Using linguistic and systemic arguments, they answer the question in the negative way. This is mainly due to the dictionary definition of the term “hostage”, as well as the international legal context which imposed the introduction of Art. 252 (offense of taking a hostage) to the Criminal Code.

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Mostepaniuk, Liudmyla. "Martial law as an aggravating circumstance." Herald of the Association of Criminal Law of Ukraine 1, no. 21 (2024): 37–50. https://doi.org/10.21564/2311-9640.2024.21.306228.

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The article is devoted to clarifying the essence and identifying the shortcomings of such an aggravating circumstance, such as the commission of a crime using conditions of war or a state of emergency, other extraordinary events. The essence of the circumstances aggravating the punishment, which consists in increasing the degree of public danger of the person guilty of the criminal offense committed by him or her, is revealed, which is the basis for imposing a more severe punishment in the future. Mandatory features of the legal nature of aggravating circumstances are characterized. The differ

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Yavorsky, S. Y. "The objective side of the composition of criminal offenses consisting in the forgery of documents." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 109–15. http://dx.doi.org/10.24144/2307-3322.2023.80.2.16.

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Analyzing the system of criminal offenses that encroach on the document circulation and whose content is document forgery, we discovered 22 independent compositions of the corresponding offenses. They are contained in different Sections of the Special Part of the Criminal Code of Ukraine, and therefore have a different structure of the direct object of the offense, however, each of them, either as the main direct object or as an additional mandatory direct object, contains document circulation, since the essence of these criminal offenses is reduced to the point that as a result of their commi

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Kamensky, D. V., and A. A. Voznyuk. "Some issues of establishing the subjective features of the crime “illegal abortion” (Article 134 of the Criminal Code of Ukraine)." Uzhhorod National University Herald. Series: Law 3, no. 85 (2024): 284–90. http://dx.doi.org/10.24144/2307-3322.2024.85.3.45.

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The research paper examines subjective features of the crime related to illegal abortion provided for in Art. 134 of the Criminal Code of Ukraine. The authors focus on the problems of qualification of the subject of this offense, in particular, a person without special medical education who is not authorized by law to perform artificial abortion operations. The foreign experience of criminal-legal assessment of illegal abortion is partially highlighted. An analysis is provided regarding the relationship between illegal abortion and infliction of serious bodily harm, which can also lead to term

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Gekkina, Еlena N. "COMMUNICATION ASPECTS OF THE DEMAND IN THE LEGAL DISCOURSE." RSUH/RGGU Bulletin. "Literary Theory. Linguistics. Cultural Studies" Series, no. 12 (2024): 73–81. https://doi.org/10.28995/2686-7249-2024-12-73-81.

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The task is to determine the semantic and communicative features of the lexeme demand used in the Criminal Code of the Russian Federation. The establishment of discursively determined characteristics of the term is carried out based on comparison with the typical characteristics that a commonly used lexeme trebovanije (demand) has in linguistic descriptions. It was found that legal definitions for the most part contain the usual practicing of the lexeme trebovanije, denoting normative attitudes in various spheres of social activity. References to demands can be differentiated depending on the

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Shylo, I. "The peculiarities of exemption from serving a sentence with probation on the basis of Art. 75 of the Criminal Code of Ukraine." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 441–45. http://dx.doi.org/10.24144/2788-6018.2023.04.71.

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The article is devoted to the peculiarities of exemption from serving a sentence with probation on the basis of Art. 75 of the Criminal Code of Ukraine. In the article, the authors drew attention to the peculiarities of exemption from serving a sentence (Article 75 of the Criminal Code of Ukraine), the peculiarities and terms of such an appointment; duties imposed by the court on a person released from serving a probationary sentence (Article 76 of the Criminal Code of Ukraine). The state of the current criminal legislation is considered on the example of court practice. Exemption of a person

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Shilo, I. V. "Separate issues of exemption from serving a probationary sentence." Analytical and Comparative Jurisprudence, no. 6 (December 27, 2023): 613–17. http://dx.doi.org/10.24144/2788-6018.2023.06.108.

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The article is devoted to the peculiarities of exemption from serving a sentence with probation on the basis of Art. 75 of the Criminal Code of Ukraine. In the article, the authors drew attention to the peculiarities of exemption from serving a sentence (Article 75 of the Criminal Code of Ukraine), the peculiarities and terms of such an appointment; duties imposed by the court on a person released from serving a probationary sentence (Article 76 of the Criminal Code of Ukraine). The state of the current criminal legislation is considered on the example of court practice. Exemption of a person

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Kovalenko, V. V. "Peculiarities of execution of punishment in the form of arrest by military personnel." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 476–79. http://dx.doi.org/10.24144/2788-6018.2023.05.85.

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It does not require any special proof that the assumption of irrationality and unreasonableness in matters of sentencing may level the success of all criminal law institutions, give rise to a sense of injustice, reduce confidence in justice and finally call into question the definition of a particular State as a State governed by the rule of law. Indeed, the goal set by the law on criminal liability can be achieved through a variety of criminal penalties, primarily by enabling the court to impose a punishment on a person guilty of a criminal offense in each case, applying the principle o

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Teremetskyi, Vladyslav, and Yaroslav Zhuravel. "Concept of tortious legal relations and their main features." Vìsnik Marìupolʹsʹkogo deržavnogo unìversitetu. Serìâ: Pravo 10, no. 19 (2020): 80–89. http://dx.doi.org/10.34079/2226-3047-2020-10-19-80-89.

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The article is focused on studying the concept, content and essence of the definition of “tortuous legal relations”. The scientific works in the researched sphere have been analyzed. The author has indicated that there are gaps in the interpretation of the term of “tortuous legal relations” in its classical meaning and the place of this type of public relations in the legal system of Ukraine. It has been proved that most of scientific works do not reveal the meaning of this term, but its certain features were only indirectly analyzed in one way or another. The relevance and necessity of formul

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Mitrović, Ljubinko. "Penalty of the Prison in the Republic of Srpska With Special Review at its Application in Practice of the District Court in Banja Luka // Kazna zatvora u Republici Srpskoj s posebnim osvrtom na njenu primjenu u praksi Okružnog suda u Banjoj Luci." Годишњак факултета правних наука - АПЕИРОН 9, no. 9 (2019): 35. http://dx.doi.org/10.7251/gfp1909035m.

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Penalties for all modern criminal legislation are particularly regarded as fines for deprivation of liberty of various modalities - imprisonment, long-term imprisonment, juvenile imprisonment or life imprisonment. These are very often applied, special penalties that consist of depriving the perpetrator of the freedom of movement for the perpetrator of a criminal offense in a court decision for a certain time and its placement in a special institution or penitentiary institution from the system of these institutions of a particular state. Similarly with Republika Srpska, whose latest criminal l

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Čučilović, Irena. "Deepfake technology: Criminal law implications." Crimen 15, no. 3 (2024): 325–42. https://doi.org/10.5937/crimen2403325c.

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The accelerated development of artificial intelligence (hereinafter: AI) and advanced technologies that are based on software that uses AI, such as deepfake technology, among many others, has significant criminal law implications. It is obvious that deepfake technology very quickly became a tool for committing numerous crimes, starting from the most diverse forms of fraud and blackmail, to the creation and dissemination of pornographic content, including the child pornography. The fact is that AI and deepfake technology will only further improve in the future. It is certainly one of the most d

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Iemelianenko, V., and K. Orobets. "Insulting the honor and dignity of a serviceman as a form of the objective side of the criminal offense under Art. 435-1 of the Criminal Code of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 75 (2023): 93–99. http://dx.doi.org/10.24144/2307-3322.2022.75.2.15.

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The article presents the results of a multi-aspect study of the term "insult to honor and dignity", which is used in Art. 435-1 of the Criminal Code of Ukraine. The authors understand the humiliation of the honor and dignity of a serviceman as belittling or denying his positive qualities from the point of view of society and the serviceman himself, related to his implementation of measures to ensure national security and defense, repelling and deterring armed aggression against Ukraine, and insult as humiliation of honor and dignity, expressed in an obscene form. The article also makes suggest

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Кузубова, Т. О. "Theoretical and Applied Issues of Standardization of the Terms of Prejudicial Inquiry before Handling a Charge Sheet to a Person." Bulletin of Kharkiv National University of Internal Affairs 90, no. 3 (2020): 224–34. http://dx.doi.org/10.32631/v.2020.3.22.

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The latest amendments to the Criminal Procedural Code of Ukraine, which are related to the terms of inquiry before handling a charge sheet to a person, have been studied. The author has carried out the analysis of judicial practice of applying the provisions of the Criminal Procedural Code of Ukraine regulating prolongation of terms of prejudicial inquiry of crimes before handling a charge sheet to a person depending on gravity of a crime and other criteria, which are guided in practice by investigators, prosecutors while determining the urgency of criminal proceedings. The author has compared

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Merdova, Olha, Ivan Khozlu, and Marуna Shulga. "ADMINISTRATIVE AND LEGAL REGULATION OF THE ADMINISTRATIVE DETENTION OF OFFENDERS FOR COMMITTING DOMESTIC VIOLENCE: FOREIGN EXPERIENCE AND NATIONAL PRACTICE." Law Journal of Donbass 76, no. 3 (2021): 101–7. http://dx.doi.org/10.32366/2523-4269-2021-76-3-101-107.

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The article is devoted to the analysis of administrative and legal regulation of administrative detention of offenders for committing domestic violence in some foreign countries. The author found that in most foreign countries there is no institution of administrative detention, due to the lack of division of criminal and administrative offenses, and detention of offenders for domestic violence is carried out within the implementation of the institute of criminal responsibility. The experience of such countries as Estonia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Ka

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Winner, Lawrence, Lonn Lanza-Kaduce, Donna M. Bishop, and Charles E. Frazier. "The Transfer of Juveniles to Criminal Court: Reexamining Recidivism Over the Long Term." Crime & Delinquency 43, no. 4 (1997): 548–63. http://dx.doi.org/10.1177/0011128797043004009.

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A long-term recidivism study was conducted in Florida on matched pairs of juveniles, where one subject in each pair had been transferred to the adult system in 1987 and the other had not. Rearrest information on the pairs from their release from sanctions through November 1994 was used to determine the probabilities of rearrest and the times to rearrest of transfers and nontransfers, adjusting for time at risk. Transfer diminished the rearrest chances for property felons, an advantage that was offset by an enhanced probability of rearrest among transfers for other offense categories. Survival

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Bachri, Syabbul, Mohd Al Adib Samuri, Najma Moosa, Büşra Nur Duran, and Ramadhita Ramadhita. "The Criminalization of Polyamory Perspective Islamic Penal Law and Indonesian New Penal Code." Al-Istinbath: Jurnal Hukum Islam 8, no. 2 November (2023): 406. http://dx.doi.org/10.29240/jhi.v8i2.7221.

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Regardless of the social stigma faced, polyamory has become a widely discussed issue and has received much attention in various fields. This study aims to examine the legal aspects regarding the criminalization of polyamory from the perspective of Islamic criminal law and the new penal code in Indonesia. This study is a type of normative juridical research with a conceptual and statutory approach. The research results show that any sexual relation outside of legal marriage is considered adultery in Islam, requiring criminal sanctions for the perpetrators. Polyamory cases involving same-sex cou

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Kubrak, R. M. "PREVENTION OF OFFENSES BY CONVICTS WITH MENTAL DISORDERS IN PENAL INSTITUTIONS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 1 (2021): 20–30. http://dx.doi.org/10.32755/sjcriminal.2021.01.020.

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Particular issues related to the prevention of committing criminal offenses and disciplinary misdemeanors by convicts with mental disorders within the limits of sanity and limited sanity are highlighted in the article. The analysis of characteristic peculiarities of convicts with mental disorders as a separate complex and specific category is carried out. Some components of criminal-legal and criminal-executive characteristics of convicts with mental disorders are considered, which are the basis for determining the type, nature and intensity of measures to prevent committing offenses by convic

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Glos, George E. "Bail, Probation and Parole in Belgian Law." International Journal of Legal Information 14, no. 3-4 (1986): 100–110. http://dx.doi.org/10.1017/s0731126500019855.

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Bail, probation and parole have one thing in common, namely, they are devices that enable a person proceeded against criminally to obtain personal liberty from detention. It is significant that each of them falls within one of the three basic phases of criminal proceedings. Bail may be obtained in the first phase extending from the beginning of the proceedings until trial or the final decision on appeal. In the second phase dealing with the final decision, a person may be admitted to probation rather than commited to jail. In the third phase covering the incarceration, a convicted person may b

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