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Prospects for the introduction, usage and responsibility of artificial intelligence in the EU and Ukraine

The development of artificial intelligence and its significant role in economic and social relations, military and cyber threats generated by it indicate the urgency of researching this problem. Ukraine, as a victim of russian large-scale military aggression in 2022, is interested in regulating this area in order to neutralize threats in military and cyberspace.
 The study of the introduction, usage and responsibility of artificial intelligence in the European Union can provide vectors of criminal responsibility of individuals, legal entities, as well as states that implement them in peacetime or wartime with a criminal (terrorist) purpose. An important issue in this study is the possible implementation of artificial intelligence as a tool for criminal justice agencies. The European Commission, taking into account the growing use of artificial intelligence in the European Union, formulated its definition in 2018. In 2020, Ukraine also adopted the Concept of the Development of Artificial Intelligence. However, the fact of harmonization of the legislation of the EU and Ukraine in this area becomes obvious.
 The European Commission's work on artificial intelligence is reflected in the 2018 AI Strategy for Europe, the 2020 White Paper on AI and the recently updated Coordinated Plan on Artificial Intelligence. The preparation of the Artificail Intelligence Act is also underway.
 Analysis of the regulatory framework and positions regarding the implementation, usage and responsibility of artificial intelligence indicate the following trends: 1) the use of artificial intelligence in the European Union is becoming a regulated area that shapes the rights, duties and responsibilities of participants; 2) the usage of artificial intelligence in criminal justice agencies is subject to significant restrictions and prohibitions; 3) responsibility for the use of artificial intelligence and for the dangerous consequences that may be caused by it rests with individuals and legal entities, as well as states, in whose interests it is used.

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Subject of prevention of road traffic offences: concept, features, classification, practical significance

The article is devoted to consideration of a number of fundamental issues related to the subject of prevention of motor vehicle offences, its main features, classifications, and the system of subjects. It is argued that the essence of preventing criminal manifestations is to eliminate or limit their determinants - causes and conditions. The study confirms the conclusion that the driving force, the dominant cause is the human factor, consciousness, will, emotions, interests of offenders, which requires activities, measures, and means which, in combination, can have a real impact on road traffic. In this regard, the author defines the subject of accident prevention, the main feature (among others) of which is the ability and capacity to eliminate or limit the criminogenic effect of "vulnerable" links in the deterministic chain of these offences using its respective resource potential. It is proposed to create a new or activate existing structures. Similar bodies have been created in many countries around the world, which have achieved significant positive results on the path of professionalisation and specialisation of actors, moving towards Vision Zero.
 The author classifies subjects according to the criterion of the functional purpose of their main activity. According to this criterion, 4 groups of entities are distinguished: entities for which preventive activity in the criminological sense is: the main, one of the main, function within other types of activity, informal public duty. It turned out that the first group of subjects of prevention is not represented in Ukraine on a permanent or long-term basis.
 The author makes a number of proposals regarding the creation of the first group of subjects, and critical remarks are made regarding the statement that the country has a system of crime prevention and its manifestation such as road traffic offences with grave consequences. Such a system has not been built in Ukraine.

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Separate Issues of the Criminal Legal Characteristics of Human Sterilization

The article examines the provisions of the current regulatory legislation. It is noted that currently the issue of sexual sterilization of a person is regulated by Part 5 of Art. 281 of the Civil Code of Ukraine, Art. 49 of the Fundamentals of the Legislation of Ukraine on Health Care and the Unified Clinical Protocol of Primary, Secondary (Specialized), Tertiary (Highly Specialized) Medical Care "Family Planning", approved by the Order of the Ministry of Health of Ukraine No. 59 of 21.01.2014.
 The criminal legislation was analyzed from the point of view of compliance with the international legal obligations that Ukraine undertook by ratifying the Council of Europe Convention on the prevention of violence against women and domestic violence and the fight against these phenomena, in terms of the protection of human reproductive rights, and the quality of the implemented it implementation was analyzed. The author concludes that the current edition of Part 4 of Art. 134 of the Criminal Code of Ukraine cannot be recognized as a successful manifestation of the implementation of Ukraine's international legal obligations.
 It was determined that signs of illegal sterilization should be recognized as such surgical intervention, which is the absence of informed consent of the patient (s), the absence of voluntary consent of the patient (s), the use of illegal methods, surgical intervention in the presence of contraindications or the improper place or improper subject.
 It was established that the Criminal Code of Ukraine, even before the adoption of the Law of Ukraine "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine for Implementation of the Provisions Convention on Preventing and Combating Violence against Women and Domestic Violence" (December 6, 2017 No. 2227-VIII) established criminal liability for illegal sterilization, and the introduction of the amendments created several problematic questions for the qualification of the actions of guilty persons who act in complicity, because it did not properly take into account either the provisions of the Istanbul Convention itself, or the norms of Ukrainian regulatory and criminal legislation.
 Key words: reproductive rights, Istanbul Convention, human sterilization, illegal sterilization, forced sterilization, criminal liability.

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Legislative initiatives to strengthen the accountability for corruption crimes during the war period in Ukraine

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 official position" (Chapter VI of the Special Part of the Criminal Code) - Part 1 of Art. 111-3 of the project, Art. 210 "Untargeted use of budget funds, implementation of budget expenditures or provision of loans from the budget without established budget allocations or exceeding them" (Chapter VII of the Special Part of the Criminal Code) - Part 2 of Article 111-3 of the project, Art. 364 "Abuse of power or official position" (Chapter XVII of the Special Part of the Criminal Code) - Part 3 of Art. 111-3 of the project, Art. 368 "Acceptance of an offer, promise or receipt of undue benefit by an official" (Chapter XVII of the Special Part of the Criminal Code) - Part 4 of Art. 111-3 of the project, Art. 368-5 "Illegal enrichment" (Chapter XVII of the Special Part of the Criminal Code) - part 5 of Art. 111-3 of the project and Art. 369-2 "Abuse of influence" (Chapter XVII of the Special Part of the Criminal Code) - Part 6 of Art. 111-3 of the project. Such a concentration of different types of criminal offenses in one article is unfounded, because it violates the principle that is embedded in the construction of the entire Special Part of the Criminal Code. The decision of the draft law, according to which all six parts of this article provide for the same sanctions - "is punishable by deprivation of liberty for a term of fifteen years or life imprisonment, with confiscation of property" is also questionable. Mechanistic formation of Art. 111-3 of the project destroys the specificity of the public danger of the acts combined in this article. The task of increasing the severity of punishments for corruption criminal offenses is proposed to be implemented in a simpler way - by supplementing the relevant articles of the Criminal Code with a new qualifying feature "committed during the operation of the legal regime of martial law by a person occupying a responsible and especially responsible position" with the establishment of sanctions of the higher level of severity. However, these sanctions should not be identical, as implemented in the draft law, but should take into account the nature of each individual criminal offense.

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Victimological principles of criminal law of Ukraine: on the way to approximation of international standards

The Constitution of Ukraine unequivocally establishes human life and health as paramount societal values, placing the onus on the state to redress damages resulting from criminal acts. Article 1177 of the Civil Code of Ukraine asserts the right of victims to compensation for harm inflicted upon them due to criminal offenses. Despite this constitutional commitment, a notable gap persists in Ukrainian legislation concerning comprehensive measures for the compensation and restitution of crime victims. This lacuna necessitates the implementation of new legal measures to ensure the equitable treatment of victims within the national legal framework. The exigency of this matter is accentuated by the current hostilities in Ukraine, prompting a critical alignment of domestic legislation with pertinent international agreements. To address this void, an in-depth analysis of international and European legal principles is undertaken to derive foundational concepts for the victimological framework within Ukrainian criminal law. The examination of these external legal frameworks seeks to inform and shape domestic legislation, fostering a more just and inclusive legal landscape for victims of criminal offenses in Ukraine, particularly in the context of the nation's ongoing challenges and the imperative to harmonize with international standards. In light of the pressing need to fortify the rights and protections afforded to crime victims, the proposed legal measures aim to bridge the existing gaps in Ukrainian law. By drawing upon international and European legal principles, the objective is to establish a robust framework that not only compensates victims for harm suffered but also ensures their rights are safeguarded throughout the criminal justice process. The ongoing hostilities in Ukraine serve as a stark reminder of the urgency to fortify legal provisions that protect and compensate victims. Aligning with international standards will not only enhance the domestic legal landscape but also reinforce Ukraine's commitment to human rights and justice in the face of unprecedented challenges. As the nation strives for resilience in the midst of adversity, a comprehensive victimological framework rooted in global legal principles is crucial for building a fair and inclusive society.
 
 Keywords: victimology, the victim of a criminal offense, approximation, treatment, compensation, restitution

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Prevention of motor vehicle crime: aspects of scientific and applied discourse

The article provides an overview of the state of the art in the study of motor vehicle crime as a scientific issue. It is emphasized that such a review should be carried out comprehensively, taking into account the peculiarities of the conceptual apparatus, interdisciplinary nature of cognition, previous developments of scientists, etc. The development of the problem of preventing motor vehicle crime is based on the results of research in various branches of science, for example, the sciences of the criminal law cycle, mechanics, physics, medicine, chemistry, computer science, psychology, pedagogy, etc.
 It is noted that foreign authors in their publications on the problems of mortality and injuries as a result of road accidents prefer to highlight the results of empirical research and observations; analyse and compare the results obtained by other researchers; evaluate road safety policy; highlight trends in road traffic crime, forecast changes in the area under consideration, etc. Instead, Ukrainian researchers study to a greater extent the criminological aspects of road traffic crime as a separate social phenomenon, administrative and criminal law issues of road traffic safety, as well as violations of vehicle operation rules. The author emphasises that the outbreak of a full-scale war and the introduction of martial law have increased the urgency of this issue and the need for thorough research for further implementation in practice.
 The start of a full-scale war in Ukraine and the introduction of martial law have further sharpened attention to road safety issues and the need for in-depth research to further implement them in practice. In this context, promising areas for further research in the field of road safety in Ukraine are: planning and forecasting the restoration and development of the country's transport infrastructure in the post-war period, prevention of road traffic crime in the specified period, etc.

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«Trading in influence» or «abuse of influence» is a problem of qualification

The article analyzes the legislative tools designed to combat corruption, Art. 369-2 of the Criminal Code of Ukraine «Abuse of influence» occupies a special place. On the one hand, this prohibition is actively demanded in practice, on the other hand, its inclusion in the Criminal Code increased the casuistic nature of the latter, partially created an excess of legislative description of criminal behavior related to corruption, and due to non-compliance in this case with the principle of legal certainty, seriously complicated the application of Criminal Law of Ukraine in practice.
 The criminal offense provided for in Art. 369-2 «Abuse of influence» of the Criminal Code of Ukraine is quite difficult to understand and apply. In addition, there are certain problems with the proper criminal-legal qualification of criminal behavior at the junction of such corruption components of criminal offenses as Art. 369-2 and Art. 368 «Acceptance of an offer, promise or receipt of an illegal benefit by an official», Art. 368-3 «Bribery of an official of a legal entity of private law, regardless of the organizational and legal form», Art. 368-4 «Bribery of a person providing public services» of the Criminal Code of Ukraine.
 The norm of Article 369-2 of the Criminal Code of Ukraine is the result of the implementation of Article 12 of the Criminal Convention of the Council of Europe on the fight against corruption and Art. 18 of the UN Convention against Corruption. However, this implementation is far from perfect, which always creates problems for law enforcement.
 The origin of the concept of «abuse of influence» is interesting. Most likely, it is the fruit of creativity of the Ukrainian legislator. After all, the concept of «trading in influence» is used in international acts, which in translation means trading in influence, but not abuse.
 Thus, the specified composition of the criminal offense was permanently problematic in qualification and, accordingly, in understanding. For a long time, difficulties arose with the application of the note, which has lost its validity, and, accordingly, with the definition of the person authorized to perform the functions of the state. And although this problem was later settled by the legislator, the question of the nature of the influence still remains debatable: whether it must necessarily be connected with the official position or whether it is possible to use friendly, family and other ties - the appropriateness of fixing as a separate qualifying sign of extortion, as well as the type of subjects of the specified crime.

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Collaboration activities in the form of public calls and denials of armed aggression against Ukraine: practice of application

The article is devoted to the scientific analysis of certain problems of criminal legal qualification for collaboration activities under Part 1 of Art. 111-1 of the Criminal Code of Ukraine. The author makes a criminal law analysis of this provision as one of the manifestations of collaboration activity which is criminalized in law. Some problems of qualification are considered, related to the need to distinguish between the provisions of Part 1 of Article 111-1 of the Criminal Code of Ukraine of Ukraine and parts 1 and 2 of Article 436-2 of the Criminal Code of Ukraine. The article analyzes the court decisions under Part 1 of Article 111-1 of the CC of Ukraine, and certain problems regarding application of this provision in practice, and based on this, a number of conclusions and the author's proposals were formulated. The authors point out certain flaws in the wording of Art. 111-1 of the CC of Ukraine, and associate this with the lack of the necessary scientific justification for the allocation of substantive features of collaboration activities, which the legislator would rely on when criminalizing this type of socially dangerous act. The study argues that acts in the form of public calls for illegal elections and/or referendums should be classified as criminal offenses, namely to define this form in Part 1 of Art. 111-1 of the Criminal Code of Ukraine, given that public calls, public objections are not manifestations of collaborationism in the classical understanding as cooperation with the enemy under occupation. On the basis of the studied criminal proceedings, the ineffectiveness of the application of a single punishment in the form of deprivation of the right to hold certain positions and engage in certain activities. Therefore, it is proposed to provide for alternative penalties in parts 1 and 2 of Art. 111-1 of the Criminal Code of Ukraine to provide for alternative penalties in the form of a penalty and public services.

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Criminal influence in information security crimes and the establishment or dissemination of criminal influence as a criminal offense against public safety: ratio problem

Scientific article devoted to the study of the concept of «criminal influence» in its various criminal law meanings. The subject of the author's scientific interest is the relationship between the concept of "criminal influence" as a component of complicity - in the commission of a criminal offense by prior conspiracy by a group of persons in the field of information security and as a component of establishing or spreading criminal influence as a criminal offense against public safety.
 The content of establishing or spreading criminal influence as an independent socially dangerous act and as an element of criminal acts when committing criminally punishable acts in the field of information security is disclosed. Attention is focused on the main forms of criminal influence during the commission of criminal offenses in the field of information security. Formulated author's proposals regarding the levels of criminal influence.
 The issue of the criminal-legal qualification of acts related to the establishment or expansion of criminal influence has recently developed. And already published scientific works that deserve attention and their study and analysis. At the same time, for the field of information security, the problem of qualification of illegal acts using such a feature as the establishment or spread of criminal influence has not yet acquired an adequate level of research. The issue of distinguishing criminal influence as a component of the commission of a criminal offense based on a prior conspiracy by a group of persons and as an independent criminal offense provided for in Art. 255-1 of the Сriminal code of Ukraine.
 The current state of development of relations in the field of information technologies has a steady trend towards the total digitalization of all social processes without exception. The expanded use of information technologies during the collection and processing of personal data of a person, the transfer of financial transactions to a cashless form and even the availability of personal electronic documents - all this in its entirety significantly simplifies the process of developing social relations, realizing the rights of a person and satisfying his interests. At the same time, similar trends lead to the reorientation of criminal influence from real to virtual space, which contributes to the spread and modernization of crime in the field of information relations.

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