Commission Of Criminal Offence Research Articles

Criminal Responsibility of Accomplices in Committing a Criminal Offence

Background: When a criminal offence is committed by a single person, the problem of criminal responsibility is clear, whereas when the criminal offence is committed jointly by two or more people, the problem of responsibility is discussed. In this paper, the issues related to the problems of the responsibility of accomplices participating in a criminal activity will be addressed, such as the special subject, the excess of the executor, the cooperation and complicity of the case, the use of irresponsible persons in the commission of the criminal offence, and cooperation with unidentified persons. This article will answer the question of whether the criminal offence committed in cooperation would qualify in cases of cooperation with unidentified or irresponsible persons. The conclusions deal with the fact that if the criminal offence is carried out with the will, desire, and joint contribution, it is a product of the joint criminal behaviour, so the persons will be held accountable as accomplices. Also, collaborators are not responsible for other actions of the executor during the commission of the criminal offence, or for actions that go beyond the agreement. Albanian criminal law does not accept objective responsibility in the commission of a criminal offence, it also requires the subjective element. Regarding acceptance of cooperation, there is no cooperation with irresponsible persons. It would not be enough to prove only that in the commission of the crime other persons also participated, be they all adults, but it must be proven simultaneously that the unidentified persons are criminally responsible. Methods: In this study, a comprehensive legal analysis approach was employed to delve into the intricate issues surrounding the criminal responsibility of accomplices engaged in joint criminal activities. The methodology involved a meticulous examination of Albanian criminal law, jurisprudence, and relevant legal principles. The study focused on various aspects, including the special subject, the concept of cooperation, the excess of the executor, cooperation, complicity within specific cases, the utilisation of irresponsible individuals in the commission of criminal offences, and collaboration with unidentified persons. This method allows for gaining a profound understanding of the legal framework governing joint criminal behaviour and accomplice liability. Results and conclusions: The findings of the research shed light on the complex issues surrounding the criminal responsibility of accomplices in cases of joint criminal activities. Through an in-depth analysis of Albanian criminal law and jurisprudence, answers to critical questions concerning the qualification of criminal offences committed in cooperation, especially in cases involving unidentified or irresponsible persons, are provided. The results confirm that when a criminal offence is executed with the shared intent, desire, and joint contribution of individuals, it unequivocally constitutes joint criminal behaviour, leading to accountability for all involved accomplices. Furthermore, the research elucidates that collaborators cannot be held responsible for actions by the principal offender that exceed the scope of their agreement. Additionally, emphasis is given regarding Albanian criminal law adhering to a subjective element requirement for criminal responsibility, ruling out objective responsibility in the commission of criminal offences. Regarding the acceptance of cooperation, the findings underscore that the mere participation of other individuals in the commission of a crime, even if they are adults, does not establish criminal responsibility for unidentified persons. Instead, it necessitates the concurrent demonstration of their individual criminal liability. The results provide valuable insights into the legal principles governing the responsibility of accomplices in joint criminal activities within the Albanian legal context.

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.

Mobile telecommunication devices as carriers of important evidentiary information: prospects and research problems

The article is devoted to the problems of studying modern mobile telecommunications. The relevance of the work is determined by the fact that today there is no sphere of public life where modern electronic means of communication are not used. Any activity to maintain its level requires the active use of modern technical communicators that allow almost instantaneous receipt, processing, and sending of large amounts of information. A significant part of such technical devices are mobile phones or smartphones, which are one of the most common tools (means) in the commission of criminal offences.
 A mobile phone, like any other instrument or means of committing a crime, leaves traces in space and time when it is used. Some of these traces are electronic (digital), which are stored on the phone itself. The research paper examines the main ways to obtain information stored on a mobile device, in particular, through: 1) inspection of the device at the scene of the incident; 2) investigative inspection of the device already seized during criminal proceedings; 3) appointment and conduct of forensic examination. The investigative examination has a serious advantage over the appointment of an expert examination in the context of the speed of its conduct and obtaining results. This is a very important factor, especially if the required information is either small in volume or in the public domain. However, the review completely excludes the process of examining the phone. A detailed investigation is part of a forensic examination, which is a much longer process in terms of procedural, organisational and technical aspects. However, the amount of information obtained in this case is incomparably greater and some of the information can be obtained only through in-depth analysis of the contents of the mobile device. In addition to the prospects of these approaches, the paper also highlights some problems associated with the preparation and conduct of expert investigations of mobile phones or smartphones, in particular, procedural and technical ones (the need to obtain permits for the use of destructive research methods, the lack of necessary technical and software equipment for experts, etc.).

Munitions and explosives as objects of criminal offences during the commission of criminal offences

Without a principal law in Ukraine on weapons and munitions for them, certain difficulties arise in law enforcement activities with the qualification of the actions of offenders in the field of illegal circulation of weapons, manufacture of munitions, and the use of explosives. The purpose of this study was to investigate such weapons as ammunition and explosives, which become the subject of offences by criminals in connection with the illegal circulation of weapons, their components, their manufacture, and use. The study employed historical-legal, comparative-legal, systemic-structural, statistical, and sociological methods. Military supplies and explosives were classified to establish a particular object as an object of criminal encroachment; their forensically significant features and properties were determined. The role of ballistics specialists, explosives specialists, and other experts during the inspection of the scene, the investigation of illegal arms trafficking, the manufacture of ammunition and the use of explosives was covered. It was proved that ammunition and explosives have a close relationship with the persona of the criminal, the method of committing the criminal offence, and the trace pattern. The theoretical provisions regarding the properties and signs of ammunition and explosives were improved. Forensic recommendations on the actions of law enforcement officers with ammunition and explosives in criminal proceedings were developed. Recommendations regarding the removal and packaging of munitions and explosives as physical evidence have gained further development. The practical significance lies in clarifying the properties and signs of ammunition and explosives, which allows for the identification of these items at the initial stage of the investigation; correct actions for their detection, fixation, extraction, packaging; appropriate criminal-legal qualification of the offence committed

Gender aspect of the participation of minors in criminal proceedings

The article analyzes statistical information for recent years regarding the commission of criminal offenses by minor girls and boys, the gender aspect of their participation in criminal proceedings, and the main differences. It was concluded that Ukraine does not pay due attention to the gender aspect of the participation of minors in criminal proceedings.
 In science and practice don’t pay attention that the majority of girls who are arrested have unique challenges compared to boys. It is a good idea that programs for girls should be designed to take into account the unique situations of girls, as well as to address the special problems that girls face in a gendered society. Unfortunately, traditional rehabilitation strategies have largely been shaped by healthy assumptions about what young people, usually boys, need. Sometimes girls will benefit from these ideas, and sometimes they will not apply to girls' problems at all.
 According to statistics of recent years, girls are less likely to be prosecuted for serious and especially serious crimes than boys. It is considered that scientists of foreign countries actively substantiate the difference between the participation of girls and boys in the field of juvenile justice. They found a gender difference in the behavior of minors. It turned out that boys were more likely to break the law, get arrested, participate in violent crimes, and sell drugs. Instead, girls were more often prosecuted for non-violent crimes.
 Juvenile probation programs do not include a gender perspective, although it has been proven that juvenile girls and boys often have different problems that need to be addressed, and a one-size-fits-all approach may not always help. With this in mind, it is necessary to develop and implement probation programs separately for minor girls and for minor boys.

Фінансова безпека як обєкт фінансових кримінальних правопорушень

The article considers financial security as an object of financial criminal offenses based on a comprehensive systemic analysis in the context of economic reform. Evolutionary, formal-legal and comparative-legal methods of research of criminal-legal phenomena are used in the research. Measures of criminal legal protection of the country's financial system are currently not effective, they do not take into account the changes that are taking place in the field of financial activity of the state, which leads to a change in the object of financial criminal offenses. This determines the relevance of the research. The object of the study is a set of social relations arising in connection with the commission of criminal offenses in the sphere of state financial activity. The subject of the research is the norms of criminal legislation. The peculiarities of criminogenic-formative features, which determine the specificity of the composition of a criminal offense and other categories of the doctrine of criminal offenses in the context of a financial offense, have been revealed. The grounds for determining the object of financial criminal offenses are financial security from the point of view of the interests of individuals and legal entities, society and the state, public relations in the field of financial activity, public danger in the context of violations of financial legislation. It was noted that an adequate response to the threat of financial crime from the point of view of the criminal law is possible under the condition of further comprehensive research on issues of criminal liability for financial criminal offenses, timely clarification of the criminal law in response to the reform of financial relations and the emergence of new forms of financial crime, qualitative methodological support of law enforcement practice, which contributes to the development of unified approaches to ensuring the financial security of the individual, society and the state.

Features of the qualification of fraud in cyberspace, the means of committing which are virtual assets

Purpose. The purpose of the work is a criminal-legal analysis of fraud as a criminal offense in cyberspace, the means of which are virtual assets, to determine their main types, as well as to find out the most effective measures to combat these socially dangerous phenomena. Method. The research methodology includes a comprehensive analysis of fraud in cyberspace, a generalization of existing doctrinal views and the formation of recommendations re garding the commission of fraud in cyberspace, the means of which are virtual assets. With the help of a systematic method, the main types of fraud in cyberspace were identified, the means of which are virtual assets. The cognitive method was used to analyze the legislative outline of the features of virtual assets. The method of generalization was used to develop directions for combating fraud in cyberspace, the means of which are virtual assets. The results. In the process of research, it was established which criminal offenses in cyberspace can be committed by using virtual assets. The main methods of activity of cybercriminals in committing fraud in cyberspace, the means of which are virtual assets, are outlined. The main reasons for the use of virtual assets in the commission of criminal offenses in cyberspace are emphasized. Scientific novelty. In the process of research, it was established that the field of criminal offenses in cyberspace is very dynamic and changes simultaneously with the development of electronic computers and information and telecommunication networks. As a result, the appearance of new findings of criminal offenses in cyberspace and new schemes for their commission. The results of the study can be used in law-making and law-enforcement activities during the investigation of criminal offenses in cyberspace.

Аnalysis of certain component characteristics of drug crime in Ukraine

The authors conducted an analysis of quantitative and qualitative indicators of criminal offenses in the field of illegal trafficking of narcotic drugs, psychotropic substances, their analogues and precursors. Based on the study of statistical data, the most common criminal offenses of the specified type were determined, and the percentage ratio of indicators by types of offenses was established.
 A general criminological portrait of the subject of the specified type of criminal offense was compiled. On this basis, it was established that drug crimes in Ukraine are most often committed by male adults, the percentage of female crime of this type and minors is insignificant. This indicates the identity of individual characteristics of the subject of drug crimes with the subjects of other criminal offenses in general. Attention was focused on the presence of employees of some law enforcement agencies among the persons who committed criminal offenses, among them those with the largest number of offenders were identified.
 The authors of the article drew attention to minor subjects of drug crimes, analyzed their socio-demographic characteristics, determined the percentage ratio of their number to the total number of subjects of criminal offenses in the field of illegal trafficking of narcotic drugs, psychotropic substances, their analogues and precursors.
 The types of narcotic drugs, psychotropic substances, their analogues and precursors, which were most often seized as objects of illegal activity during the commission of criminal offenses, were determined.
 Based on the results of the study of the issues covered in the article, the authors identified the main components of drug crime, and stated the urgent need to take them into account when developing and designing prevention and countermeasures. At the same time, attention is focused on the need to direct them to persons who are typical subjects of drug crimes.
 Also, the authors came to the conclusion that prevention should be carried out not only in the criminal environment, in institutions for the execution of punishments, but also in the social environment of the subjects of criminal offenses of this type.

Execution of Prison Sentences in the Republic of Srpska

The Criminal Code of the Republic of Srpska prescribes the general purpose of all criminal sanctions and the purpose of punishment. In order for the purpose of punishment to be realized in each specific case, it is necessary that the imposed punishment, especially the prison sentence, be carried out in the manner, according to the procedure and under the conditions determined by the regulations of the executive criminal law (this is a significant number of regulations of the legal and by-law character). The purpose of the execution of criminal and misdemeanor sanctions, according to the provisions of paragraph 1 of article 3 of the Law, is the implementation of final and enforceable court decisions, the protection of society from the commission of criminal offenses and the separation of perpetrators of criminal offenses from the social environment in order to re-educate them, treat them and prepare them for life in freedom, in in accordance with the law and social norms. The execution of criminal sanctions fulfills the general and individual purpose of prescribing and imposing them in order to successfully reintegrate the convicted into society, and this purpose is determined in the provision of paragraph 3 of Article 41 of the Criminal Code of the Republic of Srpska (general purpose of all criminal sanctions) and in the provision of Article 43 (purpose of punishment). This paper, based on the positive executive legislation of the Republic of Srpska, talks about the principles of enforcement of perhaps the most important of all criminal sanctions, i.e., certainly the most important punishments today, i.e. prison sentences. In the second part of the paper, the legislative framework is given, which regulates the system of institutions where prison sentences are carried out, as well as other sentences of deprivation of liberty in the Republic of Srpska. And at the end of this work, a particularly important research was presented that provides the reader with statistical data on the movement, i.e. the number of persons who were in penal and correctional institutions of the Republic of Srpska serving prison sentences, detention measures, juvenile prison sentences, educational measures of referral to educational institutions - correctional facility and prison sentences imposed in misdemeanor proceedings, and for the last few years.

Analysis of the legislative decision on strengthening criminal liability for looting

The article is devoted to the analysis of the legislative decision on strengthening criminal liability for looting. According to the results of the study, firstly, he presented his own vision of those controversial provisions, the mastery of which can cause the greatest difficulties for both ordinary citizens and law enforcement, and secondly, identified and proposed proposals to eliminate inherent shortcomings of the Act. will most likely have a negative impact on the effectiveness of the relevant criminal law prohibitions.
 In particular, it is proved that under parts four of Articles 185, 186, 187, 189, 191 of the Criminal Code of Ukraine as "committed under martial law (state of emergency)" should be qualified as the terrain and circumstances of their commission, ie whether they were directly related to the use of the mentioned conditions (in case of martial law or state of emergency).
 At the same time, it was concluded that the differentiation of liability should be associated only with the commission of criminal offenses against property in question "using the conditions of martial law or state of emergency", which should be mentioned in the improved versions of the ban in question. provisions".
 In addition, the provision is substantiated that the list of acts provided for by the Law of Ukraine of March 3, 2022, for which responsibility should be strengthened in case of their commission in martial law or state of emergency, should be supplemented by violations of Article 190 ("fraud"), 262 (" illegal possession of firearms (except smooth-bore hunting), ammunition, explosives, explosive devices or radioactive materials") and 289 ("illegal possession of a vehicle") of the Criminal Code of Ukraine.

Awareness on the knowledge of laws in education among trainee teachers, faculty of education, KUIS

By definition, a teacher is a person who engages in teaching and learning pedagogical activities whether within a university, college, school or outside the Area in a sporting or recreational manner. Educators of these public and private schools, whether as public servants or private employees, they are subject to state laws and legislation relating to education. They are also indirectly constantly monitored on a regular basis by education authorities, the government and the general public on their professional conduct. There has been some mainstream media coverage and court decisions reporting cases of educator misconduct and educational malpractice made by parents and students against educators or education administrators for offenses, among others, involving incompetence in teaching, questionable assessments, careless supervision, the commission of criminal offenses and injustice with students. This study aims to identify the level of knowledge of prospective teachers about the legal aspects in Education, especially related to outdoor activities. Keywords: Teacher, Knowledge, Law, Outdoor activities.

Criminal law novel about justifying the armed aggression of the russian federation against Ukraine (article 436-2 of the Criminal Code of Ukraine): law enforcement and law-making problems

Purpose. Critical reflection on the criminal law novel provided for by Art. 436-2 of the Criminal Code of Ukraine, the results of which should be: firstly, recommendations are proposed for resolving those debatable issues, the presence of which can cause the greatest difficulties in the law enforcement process; secondly, the shortcomings inherent in the analyzed norm were identified and proposals were made for their elimination. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. Philosophical, general scientific and specifically scientific methods were used to cover the relevant issues. In particular, the method of system-structural analysis was used both in the study of the links of the criminal law prohibition under consideration with the legal system of Ukraine as a whole, and with other norms and institutions of the General and Special Parts of the Criminal Code of Ukraine. The author used the formal-logical (dogmatic) method in interpreting the relevant norms of the Criminal Code of Ukraine. Based on the results of writing the article, recommendations were formulated aimed at improving the criminal legislation and optimizing law enforcement practice. The scientific novelty lies in the fact that the study made it possible to formulate specific recommendations for resolving conflicts between Part 1 of Art. 111-1 and Art. 436-2 of the Criminal Code of Ukraine, as well as for the first time to voice proposals to improve the structure of Art. 436-2 of the Criminal Code of Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in rule-making activities to improve the criminal legislation of Ukraine on countering the crimes under study, as well as in research activities and the educational process - as the basis for further scientific research on the problems of criminal liability for the commission of criminal offenses under consideration.

Criminalistic Implementation of Counteraction to the Use of Biotechnologies in the event of Commission of Criminal Offences

Achievements in the field of biotechnology raise the standard of human life and improve its quality, open up new opportunities for social activity, including for business, and are also used when combating crime. The paper analyzes the problems associated with the study of trace substances of human biological origin, the collection and storage of genomic information, the formation of such a direction as DNA forensics. The author examines the issue of criminal threats associated with the use of biotechnologies, including crimes committed with the use of biological weapons, bioterrorism, and analyzes the criminal use of biotechnologies, including the sphere of assisted human reproduction. The paper defines the possibilities of criminalistics in the process of countering the use of biotechnologies in the commission of criminal offences. First, we are talking about the development of measures to prevent crimes in this area, creation of methods for investigating crimes committed in this area, development of effective technical, tactical and methodological recommendations for verifying information that is significant from a forensic standpoint.The author proves that further development of biotechnologies is impossible without proper legal regulation, without protection from criminal risks. The high level of abuse, including of a criminal nature, in the field of genomic research determines the need to form a scientific basis for developing measures to respond to criminal risks in the field of artificial human reproduction, as well as measures to counter criminal activity in this area. In view of this, according to the author, there is a need to adopt a separate federal law on assisted reproductive technologies.

The Impact of the Legalization of Criminally Obtained Funds on the Economy of Latvia

The legitimate aim of confiscation of proceeds of crime can be defined as the removal of proceeds of crime from lawful civil circulation in order to prevent its further circulation and the further commission of criminal offences and to reduce the financial incentive to commit criminal offences. The author’s research of case law and latest trends has led her to the conclusion that the recognition of property as proceeds of crime requires time and understanding of the application of the respective rules in practice. The paper is second part of previously published article. The paper studies current issues in money laundering cases and latest trends. To prove the legal origin of property, it is often the case that the evidence presented is deemed insufficient by the persons directing the proceedings. In many cases, property or other tangible assets are confiscated simply because of a lack of understanding or adequate education, knowledge and practical experience, which leads to unjustified decisions to declare property as proceeds of crime and to confiscate it for the benefit of the state. This also puts the state itself at risk, as eventually diverse types of claims are brought, including for damage compensation; human rights violations are also identified. Keywords: stand alone, anti-money laundering, money laundering and related issues

СТАН ДОСЛІДЖЕННЯ В НАУЦІ ПРОБЛЕМИ КРИМІНАЛЬНО- ПРАВОВОЇ ОХОРОНИ СФЕРИ ЗЕМЕЛЬНИХ ВІДНОСИН В УКРАЇНІ

The article provides an overview of trends in the criminal law protection of land relations in Ukraine in the conditions of the legal regime of martial law. Emphasis is placed on the fact that certain restrictions are effective in minimizing adverse consequences that may be caused by both the criminalization of the field of land relations and related problems, such as: the need to establish or change the purpose of land plots; the necessity of demining agricultural lands; minimization of corruption risks caused by the adoption of new legislation. Emphasis is placed on three main factors that determine the need for the creation of an institute of criminal law protection of land relations in Ukraine: obtaining the status of a candidate in the EU, restoring the stable functioning of the agricultural land market for the normalization of the economy, restoring the quality of agricultural land during the post-war rehabilitation of Ukraine. Granting Ukraine the status of a candidate for the EU made it necessary to overcome a number of internal problems, such as strengthening the fight against corruption, in particular in the field of land relations. It has been established that the commission of criminal offenses against peace, human security and international legal order affects land legal relations in Ukraine due to damage to the soil and vegetation cover of natural territories and agricultural lands, which makes the corresponding land unsuitable for sowing. It was emphasized that manifestations of corruption in the field of land relations remain at a high level in the current year, despite certain positive dynamics compared to last year's indicators. Emphasis is placed on the fact that arbitrary occupation of land plots and corruption offenses in the field of land relations during the period of martial law became somewhat widespread. Therefore, in addition to criminal legal means to counter such criminal offenses, public control is important.

СТАН МІЖНАРОДНОГО ТА НАЦІОНАЛЬНОГО ЗАКОНОДАВСТВА В СФЕРІ РОЗСЛІДУВАННЯ... КРИМІНАЛЬНИХ ПРАВОПОРУШЕНЬ, ВЧИНЕНИХ ОРГАНІЗОВАНИМИ ЗЛОЧИННИМИ ГРУПАМИ В УМОВАХ ВОЄННОГО ЧАСУ

Today, a rather difficult situation has developed in Ukraine, which is connected with the armed aggression on the part of the Russian Federation. It certainly affects all spheres of social life, including law enforcement. Conduct of active hostilities on a large territory of our country, massive forced resettlement of citizens, aggravation of the security, socio-political, and economic situation in the country led to an increase in the level of crime, in particular, the commission of criminal offenses by organized criminal groups. Investigators of pre-trial investigation bodies faced a situation in which the form and methods of committing criminal offenses by organized criminal groups in martial law conditions changed, which, accordingly, led to difficulties with their investigation. It was established that the current legislation was not fully adapted to such realities of today, and needs to be revised and clarified. In addition, in the conditions of Ukraine’s current course towards European integration and the introduction of European legal standards into the domestic legal system, the regulatory and legal acts of the European Union are gaining no less importance, in particular, those related to the regulation of issues related to the fight against organized crime and those aimed at to provide assistance during the investigation of criminal offenses committed by organized criminal groups. In order to find new approaches to improving domestic legislation in the specified area, it is necessary to carry out a thorough analysis of the state of international and domestic legal support in the area under consideration. The purpose of the article is to analyze the state of international and national legislation in the field of investigation of criminal offenses committed by organized criminal groups in wartime conditions, and to determine ways to improve it. It is noted that the current events taking place in our country have led to an increase in the level of organized crime, which in turn has led to the need to revise the current legal acts, which are the basis of the legal regulation of the investigation of criminal offenses committed by organized criminal groups under martial law. . The author analyzed and classified the main international and national acts in the field under consideration and suggested ways to improve domestic legislation in accordance with international acts and the needs of practice.

Restorative juvenile justice

Problem setting.Today, society is developing rapidly, there is a process of globalization, the influence of information technology is growing significantly, which in some way complicates public relations and conflicts that need to be effectively resolved and resolved through justice. Raising this issue, in our opinion, we should first of all pay attention to such a problem as juvenile delinquency, because it is the rapid development of information technology has significantly affected the spread of this phenomenon. Thus, it should be emphasized that the state does not fully contribute to solving this problem, which just clearly illustrates the problem in the introduction of juvenile justice in Ukraine. The actualization of this issue is primarily due to the lack of understanding of the implementation of new changes in the protection of children’s rights in Ukraine. The state must understand that it has a responsibility to increase the responsibility of adults for the safety and lives of people. In turn, as already mentioned, low social protection of children creates crime among minors. And here there is another problem: the application of official justice, which involves primarily the application by the state to offenders of certain coercive measures, which is provided for in the sanctions of legal norms. In our opinion, this method of justice does not help to resolve the conflict between the victim and the accused. Because, in criminal proceedings, the main mediator of the accusation is the state, as a result of which the injured party receives double damage: both from the criminal offense itself and directly from justice, which has not solved the real problem in essence. In turn, the offender, through the application of appropriate means of state coercion, is not aware of his responsibility for the act committed by him. Thus, today there is a need for the introduction and application of restorative justice in juvenile cases. Since the restorative approach is aimed at restoring the socio-psychological condition of both participants in the process, as well as real compensation for the damage to the injured party. Target of research. Investigate juvenile justice in Ukraine, and the commission of criminal offenses by minors. Correlate the concepts of formal and restorative justice, as well as consider the need for restorative justice in Ukraine. Investigate national and international practices of juvenile justice, and implemented alternative programs for the application of restorative justice practices against juveniles in Ukraine. The object of this study is: juvenile justice, the commission of criminal offenses by minors, restorative justice in Ukraine, as well as the involvement of international practices in the application of restorative justice to minors. Analysis of reсent researches and publications. This issue was studied by the following scientists: G. Kostova, V. Zemlyanska, V. Lyska, V. Sidletska and others. Article’s main body. The article is devoted to the problem of introduction of restorative justice in juvenile cases in Ukraine. The authors studied the functioning of juvenile justice in Ukraine, as well as the implementation of state programs for the introduction of restorative practices, by reviewing the main provisions of national law and international practices. The author’s position and proposals for further reform of criminal justice for juveniles in Ukraine are formulated by introducing a restorative approach involving international practices. Norway is considered to be the first country to establish rehabilitation practices for minors. It is this leading country that has been based on the origins of mediation since 1970, but began on the basis of an experiment in the theft committed by a minor who was known in 1981. The case was a success, and in recent years almost 81 of Norway’s 345 municipalities have supported innovation – restorative justice, which has been expressed in a community decision in their area. And since 1991 it has become more accessible in 1991. Norwegian law enshrines this provision in the Municipal Mediation Councils Act, which was established in 1991, the 1992 Resolutions, the 1993 Circular, sections 71-72 of the 1998 Code of Criminal Procedure, and Part 2 include the right to the prosecutor in case of committing a non-public dangerous act without illegal consequences to transfer the offender to the mediation process. Conclusions and prospects for the development. Currently, the state and trends of juvenile delinquency, as shown by the analysis of judicial statistics, indicate the urgent need to organize consolidated and targeted actions of society and the state to prevent such crime, prevent its development and growth. Canada and Norway, we have established that they carry out executive activities for the restoration of justice, communication and restoration of justice, protection of fundamental human rights and freedoms, public relations. Also, these states are passing laws to get closer to the basics of restorative justice. Despite their imperfections, their direct component is the formation of the moral condition of both parties, ensuring their understanding of the crime, solving issues related to the moral condition of the victim, which is manifested in her conscious assessment of the situation, psychological rehabilitation in case of mental illness: panic attacks. , depression, which require quality treatment. Also, it is fundamental to report the guilt of a juvenile offender for his crime, the implementation of alternative measures of punishment: community service, a fine that would positively affect the further behavior of the offender. As practice shows, such an alternative in Ukraine would be a good attempt to minimize the level of crime among criminals also through advocacy in the form of lectures, seminars on offenses, as well as the adoption of alternative regulations in Ukraine, which would legally support mediation.

Proportionality of response to criminally illegal behavior of minors

Modern international standards indicate that the basis of criminal law policy to prevent juvenile delinquency should be a child-friendly juvenile justice system. This system focuses on the application of alternative and non-criminal sanctions (warning, reprimand, restitution and compensation).
 Based on international standards of juvenile justice, we can note their focus on ensuring the best interests of the child, the predominance of sanctions and measures that may have an educational impact, compensation for damages, creating conditions for reconciliation of victims and offenders and eliminating the consequences of crime, ensuring a meaningful life of a teenager in society.
 Juvenile sentencing is more loyal approach and shown in comparison with adults with regard to property penalties (if the minor has income or property) (parts 1, 3 of Article 99 of the Criminal Code of Ukraine), reduced limits of punishment (parts 1, 2 of Article 100, 101, part 1 Article 102 of the Criminal Code of Ukraine), restriction of using of imprisonment depending on the gravity of the crime and the characteristics of the juvenile.
 It is established that in addition to ensuring the best interests of the child and the use of as many non-punitive measures as possible against juvenile, it is also necessary to pay attention to other circumstances of the case. In particular, a balance must be struck between the best interests of the juvenile and a proportionate response to his or her behavior. In particular, it is necessary to take into account the repeated commission of criminal offenses, as well as the one-time application of incentive rules to juvenile. And pay attention to alternatives to imprisonment that may be more effective. In particular, mediation and rehabilitation practices can be more effective.

Protecting National Security by Breaking the Law? Prerogative, Statute and the Powers of MI5

The Court of Appeal decision in Privacy International v Foreign Secretary (2021) found lawful the long‐secret policy governing the purported authorisation and commission of criminal offences as part of the work of MI5 and its informants. The Court found MI5 had a public law power to engage in such criminality, historically under the royal prerogative and more latterly as an implied power under the Security Service Act 1989. The authors argue that these findings threaten serious damage to core constitutional principles, including the rule of law and settled understandings of the prerogative and its relationship with statute. They postulate a much narrower implied legal power under the 1989 Act, authorising only the making of representations to the CPS on whether it would be in the public interest to prosecute. This would provide a narrow path for MI5 officers and their informants to avoid legal jeopardy for activities core to its mission.

STUDENTS’ PERCEPTIONS TOWARDS THE APPLICATION OF LAW AND GOVERNANCE IN EDUCATION: REGULATIONS AND LEGAL RIGHTS

There were several mainstream media coverages and court judgements that reported cases of educator misconduct and educational malpractice made by parents and students against educators for offences, involving incompetency in teaching, evaluation, negligent supervision, commission of criminal offences and impropriety with students. Thus, with the rise in court litigations involving educators and educational institutions the authority has taken a firm stand to resolve the issues. Students and educators share the conception that most all legal education develops students’ skills to argue and express their reason opinion, to collaborate and solve problems rationally, legal education promotes and strengthens a person’s respect of themselves and others, tolerance and responsibility. The neglect of children by parents and guardians are increasing in Malaysia despite the existence of legal provisions. The purpose of this study is to investigate the students’ knowledge towards law and governance in education. There were 100 forms which will be distributed for 50 Science Students and 50 Art Students. The questionnaires were divided into 5 sections. Section A is the students’ background, Section B is the students’ knowledge on aspects of negligence in school, Section C is the students’ knowledge on individual legal rights, Section D is the students’ knowledge on regulations and procedure related to school discipline and Section E is the students’ knowledge on corporal punishment.