Criminal Code Of Ukraine Research Articles

Legal principles of pre-trial investigation war crimes

The modern legal principles of the activity of law enforcement agencies regarding the investigation of war crimes have been defined. It is emphasized that war crimes are complex in terms of their mechanism of commission, which is characterized by consequences in the form of significant destruction of civilian infrastructure objects, a large number of unidentified dead; instruments of commission, which neither pre-trial investigation bodies nor forensic experts have encountered before; by persons of criminals who change their locations, including those who are in the territory of another state, etc. It is noted that in Ukraine since the declaration of the legal regime of martial law by the Decree of the President of Ukraine, significant changes have taken place in the criminal procedural legislation, which established a special regime of pre-trial investigation and trial under martial law conditions, provided for in Section IX-1 of the Criminal Procedure Code of Ukraine. It is noted that the pre-trial investigation of war crimes requires considerable expenditure of resources, including human resources, due to which employees of various law enforcement agencies, including units of the National Police, are involved in carrying out certain procedural actions. Legal problems in the activities of the National Police of Ukraine regarding the organizational features of the pre-trial investigation that need to be resolved at the legislative and departmental levels are highlighted. Proposals are made to improve the legislation on the regulation of the term “war crime” in the Criminal Code of Ukraine. The requirements regarding the procedure for collecting evidence of war crimes for the purpose of further transfer of materials for consideration by the International Criminal Court have been updated. Attention is focused on the fact that the principles, subjects and forms of interaction at the national and international levels during the pre-trial investigation of war crimes should be properly regulated. During the writing of the article, the methods of dialectics, comparative legal and systemic analysis, and formal logic were used.

Кримінально-правова характеристика суб’єкта корупційних та пов’язаних з корупцією правопорушень у сфері охорони здоров’я

The article is devoted to the analysis of the legislative regulation of subjects of corruption and corruption-related criminal offenses, finding out their specifics and types in the field of health care. A comparative description of the definition of subjects of corruption offenses in accordance with the Criminal Code of Ukraine and the Law of Ukraine "On Prevention of Corruption" has been made, a number of shortcomings have been identified and certain considerations have been expressed regarding the directions for improving the legislation. It is stated that the peculiarity of the subject of a corruption offense is the presence of special features that indicate, first of all, a certain legal status of a person, due to the sphere of activity (public or private), position, functions performed, powers, etc. The Criminal Code of Ukraine provides for a wide range of types of special subject of corruption criminal offenses, among which the key is an official. It was found that the anti-corruption legislation applies to all categories of health workers. At the same time, the Criminal Code of Ukraine provides for differentiation of responsibility for accepting a proposal, promising or receiving undue benefit by a special entity, given the presence or absence of the status of an official and a type of legal entity (public or private law) or the provision of public services. The most controversial for the doctrine of criminal law and law enforcement practice is the problem of a criminal legal assessment of a health worker receiving undue benefits in connection with legally significant actions. In particular, such acts can be qualified both under Art. 368 or 368-3 and under Art. 354 or 368-4 of the Criminal Code of Ukraine, which indicates primarily the shortcomings of criminal legislation and the lack of unified theoretical developments in this area.

Legal use of special means in the investigation of official forgery of documents

The Constitution of Ukraine, the Criminal Code of Ukraine, the rule of law, p. According to the study of this direction, various scientists paid a lot of attention to the study of the problems of official criminal offenses and the use of special knowledge in general. However, no monographic scientific research has been carried out in Ukraine, which would combine scientific assets in the direction of special knowledge and official falsification and would reflect a comprehensive approach to the mentioned issues, despite the undoubted relevance of this topic and the need for practice, 89.6% of the respondents testified to the need for a comprehensive study of it. And although combating corruption was identified as one of the state’s priority areas, law enforcement agencies have difficulties in proving official forgery, which actualizes the need to highlight the possibilities of using special knowledge during the investigation of such facts. So, based on the experience of scientists, practical workers, taking into account changes in legislation and the specifics of official criminal offenses, we made an attempt to investigate the origins of the development of scientific opinion on official forgery, the possibilities of using special knowledge during their investigation, and to determine the main directions for improving their investigation. The closest to the topic of our research is the organization and tactics of the investigation of official forgery, which highlights: the content of the forensic characteristics of official forgery, its elements, such as the methods of committing the crime, the identity of the criminal, the object of the crime, a typical investigative picture; correlational dependencies between the elements of the forensic characteristics of official forgeries were revealed; types of methods of counteracting the investigation of official forgery in modern conditions (refusal to issue documents, items requested by the investigator, limiting the investigator’s access to information, refusal to provide samples for comparative research, influence on the investigator, in particular with the help of a defense attorney), the means of overcoming them are outlined; classification of means of investigative verification of information on the detection of signs of official forgery; the classification of circumstances to be established during the investigation of official forgeries, namely: general circumstances characteristic of the investigation of crimes in general, and special circumstances - the fact that the forged document belongs to an official one, the type and method of document forgery, the connection of the forged document with others and the consequences, that arose in connection with the validity of the document, etc.

Justice as a requirement for the effectiveness of law-enforcement acts

The article is devoted to the study of the peculiarities of the understanding of the category «justice» in the context of understanding the latter as a requirement for the effectiveness of law enforcement acts. It has been established that justice at the level of legislation literally permeates the basic Ukrainian legislation. This concerns, first of all, numerous regulatory legal acts of a constitutional nature and basic codifications in various branches of the legal system. The principles of justice are enshrined in the current legislation of Ukraine, in particular in the following legislative acts: Civil Procedure Code of Ukraine, Economic Code of Ukraine, Criminal Code of Ukraine, Criminal Executive Code of Ukraine, etc. In practice, the Constitutional Court of Ukraine implements the principle of justice in its decisions. It is proven that the requirements of justice cannot be absorbed by the concepts of good faith and reasonableness, but have an independent meaning. It is impossible to agree with the fact that the requirements of justice of a law-enforcement act exist in a «hidden form», because its concept and content can be defined by a specific term. A decision that violates the principles of good faith and reasonableness cannot be recognized as fair. At the same time, a good faith and reasonable decision may theoretically contradict the principle of justice. It was concluded that justice as a requirement for the effectiveness of law-enforcement acts must be perceived in a broad sense - in relation to the entire process of establishing facts, their research, qualification and, ultimately, the law­enforcement act itself. This makes it possible to follow the influence of all stages of law enforcement activities on the adoption of fair law enforcement acts, to evaluate their effectiveness, based on the fact that such decisions acquire not only legal, but also moral force. The legal criteria for the fairness of a law-enforcement act are: the fairness of the law itself (as a general criterion) and the fairness of the normative legal acts that were used during the adoption of the law-enforcement act (as a direct criterion). The justice of a law-enforcement act depends not only on its legality and reasonableness, but also on its compliance with the principles of social justice and moral norms.

Criminal offenses in the field of economic activity related to information circulation in the Draft of the new Criminal Code of Ukraine

Criminal offenses in the field of economic activity related to information circulation in the Draft of the new Criminal Code of Ukraine

Improving the criminal and legal action against domestic violence in Ukraine in the conditions of martial law

The paper examines the experience of criminal legal response to domestic violence in Ukraine under martial law. For this purpose, the norms of the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, and the Law of Ukraine "On Prevention and Combating Domestic Violence" were analyzed, which relate to combating domestic violence. The current state and statistical data related to the perpetration of domestic violence in Ukraine since the beginning of martial law are analyzed. The impact of the war on the nature and level of crime related to domestic violence is analyzed. It was established that the level of crime related to domestic violence is increasing under martial law. It was researched that the perpetrators are most often men. Such a trend is observed in the world in general and was observed in Ukraine before the beginning of martial law. It has been established that psychological trauma caused by war, in particular post-traumatic syndrome, in both perpetrators and victims has a significant impact on the increase in the level of crime related to domestic violence. In view of this, it was investigated that an important aspect in combating domestic violence is also psychological work with offenders and victims. The main areas of improvement of the criminal-legal response to domestic violence in Ukraine under the conditions of martial law have been determined. According to the results of the conducted research, it is proposed to: supplement Article 1261 of the Criminal Code of Ukraine with a qualified composition of the crime, and the qualifying features to determine the commission of a crime with particular cruelty or with the use of weapons; to supplement part 1 of Article 911 of the Criminal Code of Ukraine with such a restrictive measure as temporary withdrawal of documents certifying the right to own and carry weapons with temporary withdrawal of weapons, to establish a similar norm in part 6 of Article 194 of the Criminal Code of Ukraine, in part 2 of Article 25 , Part 2 of Article 26 of the Law of Ukraine "On Prevention and Combating Domestic Violence".

САМОВІЛЬНЕ ЗАЛИШЕННЯ ВІЙСЬКОВОЇ ЧАСТИНИ АБО МІСЦЯ СЛУЖБИ: ПРОБЛЕМНІ АСПЕКТИ КВАЛІФІКАЦІЇ

The authors of the article emphasize that, given the contemporary conditions in Ukraine necessitating legislative changes, particularly those concerning the reinforcement of criminal liability for offenses committed during a state of war, it is also crucial to undertake a scholarly analysis of legislative novelties. This analysis can substantiate their feasibility or, conversely, identify legal issues they may engender, such as conflicts, gaps, competition between legal norms, and so forth. It is noted that military criminal offenses are outlined in Section XIX of the Special Part of the Criminal Code of Ukraine, which contains the definition of military criminal offenses. The societal danger of these offenses is justified by the threat they pose to the effectiveness of the Armed Forces of Ukraine and other military formations created in accordance with Ukrainian laws, which are a guarantee of maintaining peace, national security, and territorial integrity. The article underscores the importance of both a properly organized system of law enforcement agencies and a system of legal norms establishing grounds for holding guilty individuals accountable. The authors focus on studying the legislative provisions regarding desertion in the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses. From the analysis of judicial practice, it is evident that this type of military offense is the most widespread within the ranks of the Armed Forces of Ukraine. The relevance of the article lies in the necessity to analyze the amendments made to the relevant legislative acts. For example, new features of administrative and criminal liability for AWOL. Based on the research of criminal law scholars and lawyers, several problems related to the qualification of this type of military offense are presented. Drawing from the analysis of the outlined qualification problems of AWOL under Ukrainian law, the article discusses methods to overcome them. Key words: military offenses, criminal liability, Criminal Code of Ukraine, Armed Forces of Ukraine, military personnel, state of war.

ДЕРЖАВНА ПОЛІТИКА У СФЕРІ ВИКОНАННЯ ПОКАРАНЬ В УКРАЇНІ: БЕЗПЕКОВИЙ ВИМІР

State policy in the field of execution of punishment in the security dimension is implemented by bodies and institutions of execution of punishments of the Ministry of Justice of Ukraine. It is noted that the main subject of the formation of such a policy is the Verkhovna Rada of Ukraine. Because of the fact that Ukraine is on the way to European integration, the state policy in the field of execution of punishment in the security dimension should be consistent with international policy, which plays an important role in the formation and implementation of international standards for the treatment of convicts and prisoners. It has been proven that the state policy in the field of execution of punishment in the security dimension, being in a close relationship with other elements of it, acts as a guarantor of the safety of convicts and personnel of institutions of the State Criminal and Executive Service of Ukraine and probation bodies as State institution «Probation Center». Our thorough analysis of the source base of the subject of research shows that domestic scientists do not pay enough attention to the state policy in the field of execution of punishment in the security dimension, since this policy is considered, as a rule, by scientists, in the context of criminal law policy. Our thorough analysis of the source base of the subject of research shows that domestic scientists do not pay enough attention to the state policy in the field of execution of punishment in the security dimension, since this policy is considered, as a rule, by scientists, in the context of criminal law policy. At the same time, the state policy in the field of execution of punishments in the security dimension should also affect the balance of interests of personnel and convicts during the execution/serving of punishments, which will allow to open a new vision of reforming the criminal and executive system of Ukraine and its transformation into a penitentiary system, create equal opportunities between subjects of penitentiary legal relations for the realization of a single goal: socialization, resocialization and reintegration of convicts into society after release. The opinion is substantiated that the state policy in the field of execution of punishments in the security dimension should undergo appropriate conservation, conservatism in places of imprisonment (Latin «conserve» – protect, preserve), which is one of the guarantees of its stability. In this regard, the legal meaning of the concept of state policy in the field of execution of punishments in the security dimension should be enshrined in the new Criminal Code of Ukraine, as a priority of the supremacy of the rights and legitimate interests of convicts during execution/serving of punishment. The main security dimensions of the execution of punishment in the bodies and institutions of the execution of punishments of the Ministry of Justice of Ukraine were formulated, namely: legal security of convicts and staff of places of imprisonment; manifestations of subculture among convicts; violence in places of imprisonment, both among convicts and personnel and convicts; material and household support, health care, safety of convicts’ involvement in work; features of execution of punishments not related to deprivation of liberty in the occupied territories; challenges of war, etc. New approaches to the implementation of state policy in the field of execution of punishments in the security dimension are proposed. They can be implemented by the Ministry of Justice of Ukraine after our victory over the aggressor state of the Russian Federation. Key words: policy, penitentiary system, execution, punishment, convict, personnel, academic staff, State Criminal and Executive Service of Ukraine, places of detention, security dimension, health care, legal status, rank and command staff, legitimacy, disciplinary liability, abuse of official position, correction, resocialization, material support, subculture, violence, torture.

The concept and legal nature of the institution of exemption from punishment and its service

The article reveals the concept and legal nature of the institution of exemption from punishment and its serving since this institution is closely related to both the purpose of punishment and the tasks of criminal responsibility in general. In this regard, exemption from serving a sentence requires a more detailed study. Domestic criminal law policy is focused on creating and ensuring the effective functioning of the system of measures of legal influence on illegal human behavior. The main criminal-legal consequence in these relations is criminal responsibility, and the most common form of its implementation remains punishment. According to the principle of inevitability of criminal responsibility and punishment, a person who has committed a criminal offense must be held criminally responsible, which, as a general rule, is implemented by imposing a punishment of a certain type and size. The imposition of punishment for a committed criminal offense is a legal consequence of finding a person guilty of a committed criminal offense. At the same time, in accordance with other principles of criminal law – humanity and economy of criminal repression measures – if there are conditions and grounds provided for in the Criminal Code of Ukraine, a person can be released from criminal liability or from punishment and its serving. Despite the fact that these institutions are applied in the presence of certain positive post-criminal behavior of the subject of a criminal offense and are a manifestation of compromise on the part of the state, they also have differences that are not clearly defined by the legislator, so this issue requires additional research and legal argumentation. The concept of exemption from criminal responsibility cannot be equated with exemption from responsibility in connection with the absence of a criminal element in the person’s actions or in the presence of circumstances that exclude the criminality of the act. The law provides for the possibility or obligation to release from criminal responsibility a person whose actions contain a certain element of the crime. The absence of a criminal element in a person’s actions excludes the possibility of release, because one cannot be released from criminal responsibility who did not commit the crime.

Liability of a legal entity in criminal law in the refraction of legal personality of artificial intelligence

The article examines certain features of the phenomenon of a legal entity, including the scope and content of the regulatory wording “on behalf of and in the interests of” a legal entity enshrined in the Criminal Code of Ukraine, as well as theoretical aspects of application of criminal law measures to a legal entity. The author makes a reasoned assumption that one of the main reasons for the emergence of the legal entity phenomenon as a full-fledged persona of legal relations was the need to remove all interested individuals from legal control and liability. The author considers the granting of a legal entity with a category of certain interests as an act of anthropomorphisation, i.e. transfer of positive and negative human traits and characteristics to a legal entity. From the issues under consideration, the author moves on to the legal status of an artificial intelligence algorithm, including the possibility and/or expediency of recognising it as a persona of legal relations. To answer the question of the limits and methods of liability of a legal entity or a highly developed artificial intelligence algorithm, the author proposes to look for weaknesses by analogy with those of a human. The author makes proposals for improving the provisions of the current legislation of Ukraine.

Ecocide in the dimension of the constitutional and economic law of Ukraine

The article reveals the concept of ecocide, its negative impact on constitutional and economic legal relations and the consequences of such an act, especially during the period of martial law. In fact, since the beginning of the war, we have been observing the purposeful destruction of the ecosystem, flora, fauna, industrial, energy and infrastructure facilities, natural resources and the environment of the country. These offenses directly encroach on the normal state of social and legal relations in the sphere of economy, on the right to a safe environment and on the preservation of the gene pool of the Ukrainian people. The author draws attention to the fact that in Ukrainian legislation the concept of ecocide is defined in the Criminal Code of Ukraine and the appropriate measure of punishment is provided, namely from eight to fifteen years of imprisonment. It is emphasized that this criminal offense encroaches on a wider range of social and legal relations, namely property, economic entities and objects, the social position of the population, the life and health of a person, his safety and integrity. This is a violation of the norms of the constitutional and economic law of Ukraine. The study concluded that the mass destruction of flora and fauna, forests, poisoning of water bodies, interference with the ecosystem of Ukraine has extremely socially dangerous consequences not only for Ukraine itself, but also for Europe (for example, many objects of the Emerald Network are under threat of destruction and they are protected at the pan-European level) and for the world in general (for example, the impact on the atmosphere, hydrosphere and biosphere of the Earth as a result of the use of weapons). Unfortunately, air pollution has no boundaries. The article emphasizes that it is military ecocide as a criminal offense against the environment that requires clearer and more detailed legal regulation in the national legal system as well as in the international legal field, and generally recognition of such an offense that encroaches on humanity as a whole. After all, ecocide can be equated to such criminal offenses as crimes against humanity and genocide.

Liability for Violation of the Obligation of Care in the Criminal Code of the Republic of Poland

The problem of non-fulfilment or improper fulfillment by parents (persons who replace them) of childcare responsibilities exists in all countries, regardless of the form of government, state system, and income level of the population. Ukraine has been in the process of integration with the European Union for a long time, so it is useful to study the foreign legislative approach to the regulation of responsibility for the violation of these obligations. The purpose of the article is to study the Polish experience of establishing criminal liability for non-fulfilment of child care obligations. In the research dogmatic, systemic-structural, statistical, historical-legal, formal-legal methods were used. Attention is paid to the legislation of the Republic of Poland, which provides for the right and duty of parents to care for and raise children. The genesis of the criminal law regarding responsibility for violation of these duties in the Criminal Code of 1932, 1969, and 1997 is given. Statistical data on the number of criminal proceedings and persons convicted of this criminal offense (2009–2020) are summarized. The peculiarities of the structure of the crime composition provided for in Art. 210 of the Criminal Code of the Republic of Poland were studied; objective and subjective signs. The analysis was carried out on the basis of the doctrine of Polish criminal law and the practice of courts of general jurisdiction, in particular the Supreme Court of the Republic of Poland. The practice of the Constitutional Tribunal of the Republic of Poland was used. Based on the results of the research, conclusions were formulated regarding objects of criminal law protection; objective and subjective side and subject composition. The differentiation of criminal liability in case of causing death to the victim was noted. The legislator also provided in cases of this crime the possibility of notifying the competent family court about the expediency of deprivation or limitation of parental or guardian rights in case of committing a crime to the detriment of a minor or in complicity with him. The separation of an independent structural section (subsection) in the Criminal Code of Ukraine, which includes criminal offenses against the family, as well as the improvement of criminal legal measures against persons who have committed such crimes, is supported.

Genocide in Ukraine: problems of proof

The article emphasizes that genocide was first criminalized immediately after the Second World War, precisely in 1948 when the UN General Assembly unanimously adopted the Convention on the Prevention of Genocide. In terms of severity, it is undoubtedly the most serious crime for both peacetime and wartime, and it is also the most difficult to prove. First of all, it is argued that in order to establish the very fact of genocide, it is necessary to have the intention to destroy, in whole or in part, any national, ethnic, racial or religious group, as well as for this destruction to be carried out by killing, inflicting grievous injuries, creating intolerable conditions life, prevention of childbirth or forced transfer of children to another group. The main focus of the article is on the fact that crimes against humanity most often occur during war. In order for the underlying crimes—such as murder, torture, extermination, sexual violence, and other acts—to qualify as crimes against humanity, they must be part of a widespread or systematic attack on civilians. Unfortunately, trials for genocide and crimes against humanity take forever. An example is the events in Srebrenica, proceedings in several genocide cases are still ongoing. Genocide, as well as crimes against humanity, are most clearly defined in legal terms in the Rome Statute of 1998, which became the foundational document of the International Criminal Court. Both crimes were also included in the criminal codes of many countries, the Criminal Code of Ukraine (Articles 442, 437) was not an exception. However, until now, there is no responsibility for crimes against humanity in national legislation. Therefore, currently the criminal actions of the combatants can only be qualified as war crimes. Many states have integrated the crime of genocide into national legislation, but not all have used the UN definition. Many states have also included crimes against humanity in their criminal codes. It is quite clear that both genocide and crimes against humanity are systematic crimes, to prove which it is not enough to confirm with evidence the commission of individual acts. Both crimes are committed within a system, often wide-ranging, and both contain elements that require proof of relevant intent or awareness on the part of the perpetrators, for example, in the case of genocide, by proving that the perpetrators knew of an express or implied plan.

СУСПІЛЬНА НЕБЕЗПЕЧНІСТЬ НАРКОМАНІЇ ЯК КРИМІНОЛОГІЧНИЙ ФАКТОР НЕДОЦІЛЬНОСТІ ДЕКРИМІНАЛІЗАЦІЇ СТ. 309 КРИМІНАЛЬНОГО КОДЕКСУ УКРАЇНИ

The article provides the author’s justification of the decriminalization inexpediency of Art. 309 of the Criminal Code (CC) of Ukraine through a criminological analysis of the public danger of drug addiction as a background phenomenon for crime. The article also analyzed the Draft law No. 9028 on amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses regarding the improvement of liability for illegal production, manufacture, acquisition, storage, transportation or forwarding of narcotic drugs, psychotropic substances or their analogues without the purpose of sale. Considering the fact, the Draft law proposes to exclude Art. 309 from the CC of Ukraine, replacing criminal liability to administrative liability for committing of certain illegal actions, it is emphasized that a number of problematic issues have arisen today regarding the implementation of such a draft law, since both society and state bodies are not ready for such changes. The conducted analysis showed that the decriminalization of Art. 309 of the CC of Ukraine has different points of view. Some scientists believe that decriminalization can help reduce drug addiction and drug-related crime, as instead of being prosecuted, people will be able to get medical help and support for responsible drug use, and reduce pressure on the justice system. In its turn, a lack of continence in the form of sufficient punishment threat will reproduce committing of a number of new, more serious criminal offenses. That is why the authors of the article believe that the decriminalization of drug use can confirm the negative social consequences of drug addiction and can send the wrong message to young people on drug use. Concerns have also been expressed that such decriminalization may lead to an increase in drug use and an increase in the risk of harmful effects on people’s health, and even more so will lead to committing of other, more serious criminal offenses. Key words: criminal offense, crime, criminal misdeed, criminal responsibility, administrative offense, administrative responsibility, decriminalization, background phenomena for crime, marginal environment, narcotic drugs, drug addiction, juvenile delinquency, involvement of juveniles to narcotic drugs use, criminogenic factors, determinants, self-serving violent crime, violent criminal offenses, criminal groups, criminal offenses in the domestic (family) sphere, prevention, police officers, evidence.

МАРГІНАЛІЗМ ЧИ ГУМАНІЗМ – СУЧАСНІ ПІДХОДИ ЩОДО ЗАБЕЗПЕЧЕННЯ ПРАВ ЗАСУДЖЕНИХ ДО ДОВІЧНОГО ПОЗБАВЛЕННЯ ВОЛІ ТА НАЦІОНАЛЬНОЇ БЕЗПЕКИ В УКРАЇНІ: ТЕОРЕТИКО-ПРАВОВИЙ АСПЕКТ ПРОБЛЕМАТИКИ

This scientific article clarifies the socio-normative nature of the legal status of those sentenced to life imprisonment, and also determines the influence of existing marginal groups (politicians, subjects of legislative initiative, scientists, practitioners, etc.) on the process of execution – serving this type of criminal punishment. In particular, it was established that life imprisonment is applied by the court only in exceptional cases, when the purpose of punishment established in the Criminal Code of Ukraine cannot be achieved by other means of criminal law influence defined in the law. Based on this, a special status of those sentenced to life imprisonment has been established at the legislative level, which provides for such legal restrictions that are not characteristic of other types of punishments associated with the isolation of persons guilty of crimes. On the basis of the study of the content of national legal acts, the corresponding norms of international law, practice and theoretical studies, it was established that today the legal status of persons sentenced to life imprisonment, as well as the process of execution – serving this criminal punishment in full meets the requirements of civilization, the best foreign approaches and in general the socio-legal nature of the specified subjects of criminal-executive legal relations. It has also been proven that any attempts by politicians and other subjects of the formation and implementation of the criminal law policy of Ukraine, including people’s deputies and scientists, should be regarded as the marginalization of the execution process – the serving of a sentence in the form of life imprisonment and the creation of another source that encroach on the national security of Ukraine. Key words: marginalization; humanism; execution process – serving sentences; Legal Status; sentenced to life imprisonment; purpose of punishment; legal restrictions.

Crimes against humanity: concepts and signs

The relevance of the article is obvious because the terrible crimes committed by the Russian Federation on the territory of Ukraine shook not only Ukrainian society but also the whole world. Russian military personnel and their command commit large-scale and systematic attacks on the civilian population - brutal murders, torture, torture, rape, enslavement, extermination, deportations, imprisonment, the crime of apartheid and other illegal acts of a cruel nature directed against the people of Ukraine.
 The relevance of the study is also related to the fact that the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine) does not contain a definition of crimes against humanity, unlike other crimes such as military or war crimes. We will try to figure out how the actions of criminals will be qualified by Ukrainian courts and who will be held criminally responsible at the international level in the event that crimes against humanity are committed in Ukraine.
 «Crimes against humanity» as a separate group of crimes in international law was first reflected in the joint declaration of the governments of France, Great Britain and Russia on May 28, 1915 as a protest against the genocide committed by Turkey against the Armenian population. The result of the criminal events was the killing of more than a million people, prompting the international community to label this shameful act as a «crime against civilization and humanity» for which the leaders of the Turkish government should be held accountable.
 Crimes against humanity are crimes designed to destroy the very nature of man. These crimes are considered the most heinous crimes, because they mean deliberate mass killings either by the fact of the very existence of people (crimes against humanity) or by the fact of belonging to an ethnic or national group (genocide).
 In a number of international documents, such as: the Statute of the Nuremberg International Military Tribunal, article 6c; Charter of the International Military Tribunal in Tokyo, Article 5c; Law No. 10, adopted by the Control Council of the Allied Powers in Germany in 1945, Article II, 1c; UN Convention of December 9, 1948 on the Prevention of the Crime of Genocide and its Punishment; Statutes of international criminal tribunals for Yugoslavia, Art. 3-5 and Rwanda Art. 2-3; Statute of the International Criminal Court, Art. 7, such international crimes as crimes against humanity are reflected, from this it follows that universal jurisdiction extends to crimes against humanity.

Corruption criminal offences: concept and classification

The article highlights modern scientific approaches to the definition of the concept and classification of corruption criminal offences, as well as their general characteristics. The emphasis is placed on the unresolved issue of distinguishing between the signs of corruption and the signs of a corruption offence. The original author's position is expressed that corruption offences are endowed with corruption features which allow distinguishing them from other criminal offences and subjecting them to grouping. The position that corruption criminal offences are characterised by the general features of all criminal offences provided for by the Criminal Code of Ukraine without exception has been supported, along with which specific features should be distinguished, i.e. those which characterise only the category of corruption criminal offences. In particular, they include: abuse of office; presence of a mandatory object – an unlawful benefit; special subject, which is an official of public or private law, regardless of the legal form and form of ownership, as well as a person providing public services; presence of only a deliberate form of guilt, namely direct intent; special purpose of committing a socially dangerous act. Corruption criminal offences are also classified on the basis of the generic object of the criminal offence: corruption criminal offences against property, in the field of economic activity, against public security, in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors, against the authority of state authorities, local self-government bodies and associations of citizens, in the field of official activity and professional activity related to the provision of public services, against the established procedure for military service.
 It has been concluded that despite the absence of a statutory definition of the concept of corruption criminal offences in the current legislation of Ukraine, the criminal law doctrine is quite successful in filling this gap. At present, the definition of this concept, the list of both general criminal and special features have been formulated, and a fairly detailed classification of these features has been provided. In this regard, the emphasis is placed on the prospects for further research, in particular, in terms of investigation of corruption criminal offences, and establishment of the specifics of application of measures to ensure criminal proceedings in criminal proceedings under this category of criminal offences.

Punishment for criminal offences against security activities: peculiarities of regulatory and legal certainty in the sanctions of the articles of the Special Part of the Criminal Code of Ukraine

Based on the analysis of the doctrinal provisions and provisions of the current legislation of Ukraine, the author notes that certain sanctions of the main (basic) criminal offences against security activities have the following disadvantages 1) contradictory construction of sanctions of certain articles of the Special Part of the Criminal Code of Ukraine without taking into account the procedure and peculiarities of imposing certain types of punishment in relation to certain categories of persons (definition of such punishment as correctional labour in the sanctions of Part 1 of Article 381, Part 1 of Article 387 of the Criminal Code of Ukraine); 2) regulation in certain sanctions of the criminal law provisions under consideration of only one type of basic punishment (sanction of part 1 of Article 380 of the Criminal Code of Ukraine - imprisonment for up to five years; 3) the nature and degree of social danger of the criminal offence envisaged in the disposition of the article is not always taken into account in the construction of sanctions of the said criminal law prohibitions (an example of this shortcoming is the sanction of part 1 of Article 387 of the Criminal Code of Ukraine, since in case of violation of this prohibition only one punishment can potentially be individualised - a fine, the severity of which hardly corresponds to the degree of social danger of this unlawful encroachment; 4) sanctions for basic, qualified and especially qualified corpus delicti of criminal offences are not always consistent. For example, parts 2 and 3 of Art. 387 of the CC of Ukraine provide for the same minimum and maximum terms of mandatory additional punishment in the form of deprivation of the right to hold certain positions or engage in certain activities (up to three years) for different, depending on the degree of their social danger; 5) the problem of substitution in the sanctions of part 2 Art. 381, Art. 387, Art. 396(1) of the CC of Ukraine replacing the punishment in the form of arrest with the punishment in the form of probationary supervision.These shortcomings of regulatory and legal certainty in the sanctions for the mentioned main (basic) criminal offences against security activities need to be addressed either by clarifying criminal legislation in terms of regulating the relevant sanctions or by taking into account the recommendations made in this publication when imposing certain types of punishment for these criminal offences.

ВДОСКОНАЛЕННЯ ОДНОГО ІЗ НАПРЯМІВ НОРМАТИВНО-ПРАВОВОГО РЕГУЛЮВАННЯ ЗАБЕЗПЕЧЕННЯ ФІЗИЧНОЇ БЕЗПЕКИ ПЕРСОНАЛУ ЯК СКЛАДОВОЇ БЕЗПЕКИ В УСТАНОВАХ ВИКОНАННЯ ПОКАРАНЬ

The article defines the need to make changes to the regulatory and legal acts on the handling of weapons by personnel of bodies and institutions for the execution of punishments, taking into account the need to provide firearms and special equipment and training in the rules and methods of applying elements of physical security, which in turn are a component of general security in penitentiary institutions for the transition to the latest, modern types of weapons according to NATO standards. It is noted that in order to ensure the security of places of deprivation of liberty is one of the main tasks defined by legislative and other normative legal acts of Ukraine (in particular, the Criminal Code of Ukraine, laws of Ukraine: “On State Criminal and Executive Service”, “On pre-trial detention”, rules of internal procedure of institutions for the execution of punishments and the rules of the internal procedure of pretrial detention centers of the State Criminal and Executive Service of Ukraine), which are in front of the personnel of bodies and institutions for the execution of punishments. In today’s realities, Order of the State Department on Issues of Execution of Punishments of the penitentiary institutions No. 86 dated May 17, 2001. “Small arms shooting course for members of the rank and command staff of the Criminal and Executive System” has lost its relevance against the background of the reform of the penitentiary service system with the need to switch to the latest, modern weapons in accordance with NATO standards and the implementation of the recommendations of the European Penitentiary Rules. The article states that the problem of handling weapons exists and it must be solved as soon as possible for the reliable protection of personnel and contingents under guard in the penitentiary institutions, which is an urgent necessity in today’s conditions. That is why there was a real need to develop a new normative-legal Act on the training of penitentiary institutions personnel, which will be intended not only for the skillful and effective use of small arms during the performance of official tasks: “A small arms shooting course for members of the rank and command staff of the State Criminal and Executive Service of Ukraine”, and mastering the skills of shooting with the latest weapons, according to NATO standards. Key words: physical safety, shooting course, handling of weapons, performance of official tasks.

CASES OF SEXUAL VIOLENCE IN THE TEMPORARILY OCCUPIED TERRITORIES OF THE KYIV REGION IN 2022 – CRIMINAL CONSEQUENCES OF RUSSIAN AGGRESSION

An analysis of cases of sexual violence in the temporarily occupied territories of the Kyiv region in 2022 is given, an assessment of the criminal consequences of russian aggression is made, and the role of forensic medical examination in the investigation of such cases is determined.
 Aim of the work. An analysis of cases of sexual violence, including rape, that took place in the temporarily occupied territory of the Kyiv region in 2022 and the determination of the role of forensic medical examination during the investigation of these crimes.
 Materials and methods. The material of the research was 6 archival "Conclusions of expert research" of the Kyiv Regional Bureau of Forensic Medical Examination), which related to cases of sexual violence in the temporarily occupied territories of the Kyiv Region in 2022. For statistical processing of quantitative data, standard methods of variational statistics were used.
 Results. In all cases of sexual violence in the temporarily occupied territories of the Kyiv region during February-March 2022, the victims were women, including minors. They were subjected to sexual torture, including rape, with the use of physical violence and threats by Russian servicemen who, according to the victims, were in an intoxicated state, threatened with firearms, fired shots into the ceiling and floor of the living space, and forced the victim to perform actions contrary to her will. The forms of sexual violence were – verbal violation of a person's dignity, sexual intercourse in a natural (vaginal) and unnatural way (oral, anal) without the use of contraceptives. The violent sexual acts lasted about one hour. Immediately or in the shortest possible time after the indicated violent acts, the victims did not go to medical institutions for medical help and examination. After the deoccupation in June 2022, the victims turned to law enforcement agencies for facts of sexual violence and were examined in medical and diagnostic institutions of the city of Kyiv and in the Kyiv Regional Bureau of Forensic Medical Examination. During their examination, no visible injuries were found on the skin in the areas of the genitals and anus or on the mucous membranes that could be examined. At the time of the inspection, the victims did not make any complaints. In connection with the considerable time that passed from the events in February-March 2022 to the performance of forensic medical examinations in June 2022, the selection of the contents of the vagina, oral cavity and rectum for forensic immunological examination for the presence of spermatozoa – was inappropriate.
 Conclusions. In all cases, the victims were women, including minors, who were subjected to sexual torture, including rape with the use of physical violence and threats. These criminal actions correspond to both the Criminal Code of Ukraine and the "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment", the "Istanbul Convention", the "Istanbul Protocol" and the "Rome Statute". Since the facts of sexual violence against women by Russian servicemen during the occupation took place in March-April 2022, and the forensic medical examination of the victims - in June 2022, due to the large time gap between these events and the absence of physical manifestations of sexual torture, including rape, it was possible to establish only the fact of past sexual acts and the circumstances of their commission. Therefore, establishing the fact of rape belongs to law enforcement agencies. An important condition for the performance of a forensic medical examination in cases of rape as the basis of the evidence base in criminal proceedings is its timeliness, taking into account physical evidence and materials documenting bodily injuries.