Criminal Code Research Articles

Comrades' Courts in the Soviet Period of Russian Statehood as a Form of Non-Professional Justice

The formation and development of comrades’ justice in the Soviet period of Russian statehood is associated with the implementation of the unified national concept of the court, conditioned not so much by professional justice as by the mass participation of non-professional judges from the people in court. The jurisdiction of cases heard in public courts was regulated by the relevant provisions and criminal codes, providing that these courts considered minor crimes, both by virtue of a direct indication in the law, and by way of delegation of the function of justice by the courts or the prosecutor’s office in each specific case. The activities of the comrades’ courts are divided into three periods. The first period — from 1919 to 1922 — is characterized by the disciplinary orientation of the comrades’ courts authorized to consider all violations of labor legislation. The second period — from 1928 to the beginning of the Great Patriotic War — is characterized by a variety of comrades’ and public courts that covered various spheres of economic, social and political activities, from Soviet enterprises and institutions to collective farms. Its main purpose was to free public courts from a mass of minor offenses and property disputes, as well as ensuring productivity growth and combating disruptors of production in enterprises and institutions. The third period — from the late 1950s to 1991 — set the goal of strengthening socialist democracy by involving a wide range of workers in the management of public affairs, including through comradely justice, which defined comrades’ courts as quasi-judicial bodies of public and state power, intrinsically inscribed in the concept of a socialist national state.

The Conflict of Justice and Legal Certainty in the National Criminal Code: A Middle Way

The research discusses the unclear meaning of Article 53 paragraph (2) of Law No. 1 of 2023 which states that "If in upholding law and justice as referred to in paragraph (1) there is a conflict between legal certainty and justice, judges must prioritize justice." Justice is used for judges to adjudicate cases and certain conditions are used as a benchmark for judges in making decisions. However, there are several existing definitions of justice, there are still many views. The norm in the article has a vagueness of meaning, making it difficult for judges to equate commensurate thoughts. The implication of vagueness results in disparity in the use of justice to be used by judges, this potential disparity needs to be prevented by mediating the conflict between justice and certainty and providing guidance for judges in using justice in their decisions. This research uses a normative research approach. The results showed that judges have the authority to choose justice that contains legal certainty because a just decision is a manifestation of legal certainty, justice itself is born with the freedom of judges. The formulation of Article 53 paragraph (2) of the Criminal Code needs to be interpreted correctly so that there is no disparity in decisions because justice is what the judge wants based on the law to create justice itself.

Criminal Law Enforcement Related to the Crime of Child Copulation (Study of Decision Number 429/Pid.Sus/2021/PN Bdg)

Indecency includes all acts related to sexual life that violate morality (propriety), including intercourse outside of marriage. The Criminal Code classifies the crime of indecency as a crime against morality. Currently, there is a rise in the crime of indecency, with children often being the victims. Children are part of the younger generation and a potential human resource; therefore, perpetrators of sexual crimes against children must face appropriate punishment. The position of children as the younger generation who will carry forward the noble ideals of the nation requires that their rights and protection be upheld and respected. This research aims to assess the protection provided to child victims of sexual crimes in the city of Pekanbaru, as well as the forms of protection that have been established and implemented in the jurisdiction of the Pekanbaru Police Department (Polresta Pekanbaru). The research was conducted in Pekanbaru, particularly at Polresta Pekanbaru. In terms of data collection techniques, the author used a normative juridical approach, guided by legislation, legal books or literature, and other materials related to the issues and discussions in this thesis. In this context, the important role of parents and the community or the environment is emphasized to provide attention and supervision, ensuring that acts against children as victims of sexual crimes do not occur. Furthermore, in the implementation of legal protection for child victims of sexual crimes, the involved parties must actively and responsibly carry out their duties to ensure the legal protection of child victims of sexual crimes.

Special Collegium Activities on Certain Categories of Cases (1934–1938)

Special collegiums operated in 1934–1938 as part of the Supreme Court of the USSR, the supreme courts of the Union republics, regional and regional courts, and the main courts of the autonomous republics. Their creation can be considered as an experiment in transferring cases of state crimes from non-curial to judicial authorities. The special collegiums activities were provided by the NKVD, special departments of the prosecutor’s office and the sector of special courts of the People’s Commissariat of Justice of the USSR. Their personnel consisted of former NKVD officers and nominees of local justice authorities. All this makes it possible to characterize them as bodies of special justice. The most notable cases considered by special collegiums were cases of anti-Soviet agitation (Article 58–10 of the Criminal Code of the Russian Federation), cases under the decree of the Central Executive Committee and the Council of People’s Commissars of the USSR dated August 07, 1932 («The Law on Three Spikelets») and cases of banditry (Article 59-3 of the Criminal Code of the Russian Federation). All of them were considered within the framework of the campaign justice model. It was characterized by an expansion and narrowing of the interpretation of the norms of substantive law. This allowed ordinary crimes and administrative offenses to be considered as state crimes. The penalties were regulated. This led to unstable judicial practice. The methods of «simplification», i.e., deviations from the norms of substantive and procedural law, were actively used. Obviously, by the middle of 1938, the experiment of depriving non-judicial bodies of judicial functions was considered unsuccessful and the special collegiums were liquidated.

«Simple» Criminal Law Measures to Combat Organized Crime and Consequences of their Application

Effective criminal law measures to counter organized crime should be based on an adequate understanding of this phenomenon and should comply With the principles, approaches and traditions of the national legal system. The disposition of the article 210.1 «Occupying the highest position in the criminal hierarchy» introduced in the Special Part of the Criminal Code of the Russian Federation is excessively concise and does not correspond to the fundamental principle of legal certainty of criminal law norms. Despite the declared successes in its application, the practice of judicial review of criminal cases of crimes is ambiguous. In addition, the conviction of a «thief-in-law» («criminal lord») and his incarceration does not deprive him of either a criminal «title» or real power in the criminal world. The low effectiveness of criminal law measures is explained by the fact that the «thieves’ world» and its criminal hierarchy headed by «thieves-in-law» are neither a criminal community (criminal organization), nor an organized group or any other form of complicity listed in Article 35 of the Criminal Code of the Russian Federation. It is proposed, having eliminated terminological redundancy, to call it a criminal community, in contrast to the forms of complicity provided for in Part 4 of Article 35 and Article 210 of the Criminal Code of the Russian Federation that are more correctly called criminal organizations. The paper defines a criminal community in its new understanding, and proposes a set of criminalized acts to effectively counter this phenomenon.

Az állami és nemzeti jelképek büntetőjogi védelme Európában

Aim: The aim of this study is to find out whether European countries protect their state and/or national symbols at the level of criminal law, whether they punish those who desecrate state symbols and, if so, exactly which symbols are protected. The answer to this question will also help us to understand the deeper question of which European countries consider state (and national) symbols to be of such value that various types of violations of them are punishable by criminal penalties as a last resort. Methodology: In order to establish this, we compared the criminal law of all European countries in which criminal offences are covered by a criminal code that functions as a separate penal code. For methodological soundness, countries without a separate Penal Code (and thus without a cartel constitution) (such as the United Kingdom) were excluded from the analysis, but all other European countries that are geographically (or if not geographically, such as Cyprus or Armenia, then culturally) part of Europe were examined. Findings: The results of the research disproved our initial hypothesis: the comparative study showed that the vast majority of European countries, more than 70%, protect their state (or national) symbols in some way, with a small minority of countries where there is no criminal law protection for the strict infringement of symbols. Value: This is also worthy of attention in the broader context of resolving the conflict in Europe between freedom of expression as a human and constitutional right and the constitutional value of what we call "the dignity of communities": in fact, the Europe of the 21st century (including the Western countries) has not yet departed from its community foundations and not only declares at constitutional level the symbols expressing the statehood and national identity of the nation that constitutes the state, but also (for the most part) protects them under criminal law.

Az anyanyelv használatának joga és annak érvényesülése a magyar büntetőeljárásokban

Aim: The goal of this study is to review Hungarian and international legal instruments in order to assess the relevant standards in this field. Enacting proper legal regulations, however, does not necessarily mean that the requirements of language assistance are also enforced in practice. Another goal, therefore, is the review of the relevant caselaw. Methodology: This study reviews the relevant standards through the review of the relevant Hungarian legal regulations, as well as of the applicable human rights and EU legal instruments. The practical enforcement of the right to language assistance is analysed through the caselaw of the Hungarian Constitutional Court and regular courts. Findings: The present Hungarian Criminal procedure code defines the right to language assistance and the use of translator and interpreter in details. The European Convention on Human Rights and the relevant Directive of the EU also regulate this right. After examining the relevant legal standards it becomes apparent that the present Hungarian legal regime provides more rights and offers a higher level of protection than what is required by the European standards. The consistent jurisprudence of the Constitutional Court considers the right to use mother tongue a crucial element of the equality of arms, an essential part of the right to fair trial. The caselaw of courts show that though there are some cases in which appeals also concern the use of mother tongue, the vast majority of these claims are not relevant for the merits of the case. Value: The right to translation and interpretation is one of the main principles of criminal procedure. The right to language assistance is crucial for ensuring fair trial. In summary, the enforcement of the right to use one’s mother tongue meets the standards provided for in legal regulations and the jurisprudence of the Constitutional Court, but in this field continuous analysis is required in order to ensure compliance at all times.

Pedagogical aspects of professional criminal liability of physical education teachers

The article considers the existing problem of the need for legal protection for mandatory workers in the field of physical education. This category of employees includes physical education teachers of state-owned secondary schools, since the Law on Physical Education and Sports, Article 26 (Physical Education in the Sphere of Education), states that classes for this category of employees are mandatory, which means that automatically these employees are professionally criminally responsible under Article 137 of the Criminal Code of Ukraine "Improper performance of duties regarding the protection of the life and health of children", i.e. this applies to cases of various severity regardless of the circumstances of their occurrence, if only the investigation establishes that this teacher conducted classes with this injured student. In the course of the research, a pedagogical analysis of laws was carried out with the aim of identifying articles or provisions that belong to the legislative and legal protection of the professional risk of physical education workers. The existing safety instructions were consistently reviewed in order to find alternative actions for the justification of this category of workers, at the same time an analysis of the directions of legal safety protection of the existing professional risk offered by the main book of the field of theory and methods of physical education was carried out. Based on the data of the conducted questionnaire, the common factors of professional risk of physical culture teachers were established. The following steps have been chosen as ways to eliminate this problem: to involve the industry in cooperation with the justice authorities regarding the provision of reliable legal protection for its employees, since according to Article 54 of the Law on Education, Section 6, participants in the educational process, which talks about the rights and obligations of pedagogical, scientific- pedagogical and scientific employees and other persons involved in the educational process, that they have the right to safe and harmless working conditions. And this means that their educational branch, to which they belong, has the full right to provide modern one hundred percent legal protection for its employees in relation to their professional activities, which will prohibit the investigation from starting criminal cases using the professional actions of teachers and lecturers (means, methods, techniques, incentives, etc.) as material evidence for the accusation, regardless of the gravity of the circumstances and the consequence.

Mi történik az igazságszolgáltatásban? Hatóságok és bántalmazottak a kapcsolati erőszak színterén

Aim: Although it was possible to sanction acts falling within the conceptual scope of domestic violence earlier as well, from 1 July 2013, the Hungarian Criminal Code contains an independent criminal offense covering a wide range of abusive behaviours committed against family members. This article presents the essence of the regulation, the statistical data of the past few years, as well as the difficulties and best practices that we can encounter when analysing the application of the law. It’s the summary of the judicial practice of the criminal offense of domestic violence. Methodology: The research methodology behind the study consisted of criminal-statistical and legislative analysis, focus groups, in-depth interviews and case file reviews. Findings: A number of to-dos are being formulated for the future, including: conducting a follow-up analysis, establishing uniform legal practice, popularizing the relevant instruction of the chief of police, increasing the responsibility of the child protection alert system, organizing targeted trainings, strengthening professional collaborations and providing information for victims, inspiring the imposition of more severe punishments, and a change in communication directions. This study presents the most typical difficulties from the side of the authorities and the victims. Value: The analysis of the criminal offense from many aspects helps to draw conclusions and find the directions to follow.

Legislation Development in Vietnam: Is the criminal law becoming more humane?

After four decades since the present of the first “modern” Criminal code of Vietnam in 1985, Vietnamese lawmakers have reached many remarkable milestones in terms of criminal justice policy and legislation. The paper shall discuss and clarify 02 main hypotheses. Firstly, there are 05 criteria to evaluate the clemency of the Vietnamese criminal law, including: 1) The proportion between the number of very serious, extremely serious crimes and total number of crimes; 2) Severity of the punishments in the 2015 Criminal Code; 3) The number of provisions on exemption from serving sentences, reduction of sentence duration and conviction expungement; 4) The number of provisions on penalty decisions in favor of the offenders; 5) The proportion between the decriminalized crimes and criminalized conducts in the criminal code. Secondly, based on analyzing these criteria, the paper shall prove that Vietnamese criminal law is becoming more humane. The achieved developments come from several reasons. The main one is that the entire political regime of Vietnam, with the key role of Communist Party, participated in the reformation process of the criminal law.

Violation of the Principle of Justice in Parts 1–2 of Articles 131, 132 of the Criminal Code of the Russian Federation

The article examines the provisions, Рarts 1–2 of Articles 131 “Rape” and Article 132 “Violent acts of a sexual nature” of the Criminal Code of the Russian Federation. The main part of these articles includes moderate harm to health. One of the qualifying signs provided for in Part 2 of these articles is paragraph “b”, which provides for the infection of the victim with venereal disease. A comparative analysis of the sanctions of Article 112 “Intentional infliction of moderate harm to health”, Article 121 “Infection with venereal disease” of the Criminal Code of the Russian Federation is carried out. It has been established that the act provided for in Article 112 of the Criminal Code of the Russian Federation is more socially dangerous than the act provided for in Article 121 of the Criminal Code of the Russian Federation. It was revealed that a person who committed a less socially dangerous act (infected the victim with venereal disease) in the process of rape or violent acts of a sexual nature will be punished more severely than a person who committed a more socially dangerous act (caused moderate harm to the health of the victim during rape or violent acts of a sexual nature), which contradicts the principle of justice established in Article 6 of the Criminal Code of the Russian Federation. The author suggests se­veral ways to solve this problem.

Features of Criminal Liability of Persons Involved in a Special Military Operation

The conduct of a special military operation has led to changes in many spheres of life of Russian society. A natural consequence of these processes was the reform of certain branches and institutions of legislation, including the provisions of criminal law. The separate law providing for the specifics of criminal liability of participants in a special military operation has been replaced by relevant legal norms. Currently, special grounds for exemption from criminal liability and punishment are provided for this category of persons who have committed crimes. Due to the novelty of such legislative prescriptions, there is a need to conduct a legal analysis of the norms provided for in Articles 781 and 802 of the Criminal Code of the Russian Federation. These novelties of the Russian criminal legislation are subject to theoretical understanding, on the basis of which ways to increase the effectiveness of criminal law regulations on exemption from criminal liability and punishment of participants in a special military operation are to be developed. As a result of the conducted criminal law study of the norms establishing the grounds and conditions for exemption from criminal liability and punishment of participants in a special military operation, their socio-legal essence was determined, their relationship with related norms and institutions was revealed, recommendations and explanations on the application of these norms were formulated, as well as potential directions for improving criminal legislation were outlined in this area. In particular, the reasonableness of clarifying the analyzed norms among the persons to whom the application of the relevant provisions is permissible is justified.

Historical and Current Perspectives on the Criminal Codes as Guarantees of Legal Security in Slovakia

The author describes two crucial periods in Slovak legal history from the perspective of the principle of legal security in criminal law. Firstly, the 19th-century Criminal Code, known as the Csemegi Code, is at the center of attention as it ended the centuries-long legal insecurity resulting from the lack of criminal law codification. The author analyses its leading principles as the safeguard of legal security. In contrast, the second part of the article focuses on the second codification of criminal law in Slovak legal history, the Criminal Code of 1950. The author demonstrates how the totalitarian regime destroyed the principle of legal security in criminal law in Slovakia, only slowly rebuilding it after the death of Joseph Stalin through amendments in 1956 and new legislation in 1961. The current Slovak Criminal Code and Criminal Procedure Code have been in effect since 2006. In conclusion, the author draws attention to how the latest changes in criminal law codes caused turbulences and worries over the principle of legal security in Slovakia.

Cooperation between national courts and EU institutions in competition law cases

The article explores the interplay between national courts and European Union institutions in the context of competition law enforcement of rules enshrined in Articles 101 and 102 TFEU. Cooperation between national competition authorities and national courts on one hand and EU institutions on the other hand is crucial for ensuring the effective and consistent application of competition rules. The article deals with the mechanisms of this cooperation. It examines the role of the European Commission and the Court of Justice of the European Union (CJEU) in providing guidance to national competition authorities and national courts. The article underscores the importance of a cohesive approach to competition law enforcement that is applied by national institutions of the EU member states. The concept and meaning of legal security in criminal law is well defined by Professor Jadwiga Potrzeszcz who states that "legal security is a state achieved by law established in general, and in particular by means of criminal law, in which human life’s goods and interests are protected in the most comprehensive and effective possible manner (and) harmonizes properly with the most important functions of criminal law, namely with a protective function and a guarantee function." (Potrzeszcz, 2018, p. 301) In accordance with the aforementioned definition, the author aims to introduce Criminal Codes that were in effect in the territory of present-day Slovakia, shedding light on whether they were guarantees of legal security in the state or not, i.e., whether they protected "human life’s goods and interests in the most comprehensive and effective possible manner."

Issues of Criminal Liability of Legal Entities in the Criminal Legislation of the Kyrgyz Republic

The growth of offenses committed by legal entities or in their interests currently indicates that a qualitatively new type of crime has been formed in many countries of the world — the crime of legal entities (“corporate crime” or “corporate crime”). In this regard, the experience of countries in combating the crime of legal entities, the established standards and criteria reflected in international normative legal acts, as well as the experience of introducing into the criminal legislation of the Kyrgyz Republic in 2017 (valid from January 1, 2019, to November 30, 2021) provisions on the legal norms regulating criminal activity deserve attention liability of legal entities. which were subsequently excluded by the new Criminal Code and the CPC, which entered into force on December 1, 2021. The analysis of the development and theoretical design of such an institution of criminal legislation of Kyrgyzstan as bringing legal entities to criminal responsibility is of great scientific interest. Therefore, the questions of what specific socially dangerous acts a legal entity can be prosecuted for, whether it is a subject of criminal liability, the grounds for criminal liability of legal entities and many others are very fundamental.

CRIMINOLOGICAL FEATURES OF PROFESSIONAL CRIME

The article is devoted to the study of the criminological features of professional crime, which is an important and relevant issue for shaping the system of measures aimed at its prevention and counteraction. Professional crime refers to the criminal activities of individuals who systematically, throughout their lives, commit criminal acts in a specific field, using the results of these activities as a means of earning or gaining profit for their livelihood. For such individuals, their specific “criminal activity” becomes a “profession” in which they develop, continually improve their criminal skills, and reach professional “heights” to maximize profits (income) and hide the traces of their criminal activities from law enforcement. The authors identifies the following characteristics of professional crime: its persistent and stable nature; the presence of “specialization” and “qualification” in the offender; the regular income (profit) from criminal activity; the offender’s constant connection with an antisocial environment; and the existence of a specific “subculture” in the form of traditions, customs, and particular “languages of communication” (slang). Based on the research, the authors has formulated a system of economic, social, political, and legal measures to prevent and counter professional crime. As part of the legal measures, the author proposes amending different articles of the Special Part of the Criminal Code of Ukraine by adding a new qualifying feature: “the commission of an act in the form of criminal activity.” Currently, the only qualifying feature in the Criminal Code of Ukraine is “repeat offense,” which applies whether two episodes of a crime have been committed or even if there have been 3-15 episodes of the same crime. This approach fails to account for the activities of professional criminals, where the commission of 3-15 crimes should be qualified as a more serious offense compared to ordinary “repeat offenses,” which only cover two episodes. The authors also suggests the creation of a separate law, the “Law of Ukraine on the Basics of Prevention and Counteraction to Professional Crime,” which would include specific sections ensuring comprehensive regulation of the issue of combating professional crime. The structure of these sections may include: 1) “General Provisions”; 2) “Subjects of Countering Professional Crime, Their Competence”; 3) “Preventive and Countermeasures Against Professional Crime”; 4) “The Identity of the Professional Criminal and Their Legal Status”; 5) “Liability for Violations in the Sphere of Countering Professional Crime”; 6) “Control and Supervision over the Enforcement of Laws in the Fight Against Professional Crime”; 7) “Final and Transitional Provisions”. In the author’s opinion, a comprehensive legislative regulation of professional crime and the formation of an effective system of measures to counter it are key to building a successful preventive criminological policy of the state in the fight against such crime.

Studi Komparatif Terhadap Pelaku Main Hakim Sendiri (Eigenrichting) yang Menyebabkan Kematian Menurut Hukum Pidana Islam dan Hukum Pidana

The act of vigilantism in Dutch Eigenrichting is an arbitrary act carried out by the community against the perpetrator of a crime by torturing, beating, and even burning the victim which causes injuries and death. This act of taking the law into your own hands has become an act that continuously occurs in people's lives. This action creates new problems and also violates human rights where perpetrators of crimes have the right to receive defense by the authorities and be punished according to established regulations. In Islamic criminal law (jinayah) the act of taking the law into your own hands is included in the act of semi-intentional murder (al-qatl Syibh al-'Amd) where the sanctions for this act are diyat, kiffarat and additional punishment. In positive criminal law, the Criminal Code explains in articles 351-358 about abuse and the forms of this act. The problem in this research is the determination of the sanctions for vigilantism perpetrators in Islamic criminal law and positive criminal law, as well as the distinctions between the two legal systems. A normative method is employed in this research, which involves the examination of books, scientific works, and legislation that are pertinent to the issue. This research discusses “how the firmness of law in Indonesia regulates perpetrators of vigilante actions that cause death, and a comparison with Islamic criminal law which is the majority religion in Indonesia”.

SYSTEMATIC AND LEGAL ASPECTS OF LEGAL RESPONSIBILITY FOR ILLEGAL ACTS WITH AMBER

The article is devoted to the disclosure of certain systemic and legal aspects of responsibility for illegal actions with amber. Relevant judicial practice is analyzed. Proposals for improvement of Art. 240-1 of the Criminal Code of Ukraine “Illegal extraction, sale, purchase, transfer, forwarding, transportation, processing of amber”. The issue of the application of the criminal law norm of insignificance for the legal assessment of illegal amber mining and its illegal handling was considered. The existence of a conflict between the investigated criminal law ban and Art. 47 of the Code of Ukraine on Administrative Offenses “Violation of the State Property Right to Subsoil”, comments are expressed regarding its (collision) overcoming in the aspects of de lege lata and de lege ferenda. It is argued that the socially dangerous consequences of illegal mineral extraction (in particular, amber) should be labeled as damages. It is shown that carried out within the limits of Art. 240-1 of the Criminal Code of Ukraine, the differentiation of responsibility related to the size of illegal actions with amber is insufficient. The relevant provisions of the project of the new Criminal Code of Ukraine were analyzed, the advantages and disadvantages of the relevant formulations were clarified. In particular, the proposal of the drafters of a potential criminal law to distinguish the grounds of criminal responsibility for the illegal acquisition of natural resources, on the one hand, and individual manifestations of involvement in the behavior of those who commit illegal extraction of natural resources from their natural environment, on the other, was supported. The issue of the appropriateness of anchoring in Part 1 of Art. 240-1 of the Criminal Code of Ukraine instructions on actions other than illegal amber mining.

Criminal liability for the destruction or damage of flora

The article analyses the issues of criminal liability in Ukraine for destruction or damage to flora. According to the current Criminal Code of Ukraine, liability for this criminal offence is established by Article 245 of the Criminal Code of Ukraine. The article emphasises that Russia’s full­scale invasion of Ukraine has led to massive and systematic destruction of, and damage to, flora and fauna, and has become a serious problem that has caused and continues to cause significant environmental damage. The environmental damage caused during armed conflicts will continue to affect the state of ecosystems and natural resources long after they end. The author notes that no country in the world has ever investigated war crimes against the environment on the scale of our state. Based on the results of the analysis, the author of the article concludes that legislative and law enforcement shortcomings pose the risk of significant deterioration of the environment both in the territory controlled by Ukraine and in the uncontrolled territories. At the same time, the draft Criminal Code in its current version does not in any way address the problem of the lack of differentiation of liability for intentional and negligent destruction of flora, which indicates an urgent need to improve the relevant draft provisions of the new Criminal Code of Ukraine.In addition, the interaction of state authorities with environmental and human rights organisations in assessing environmental damage, monitoring the state of the environment, etc. is still unsatisfactory. Civil society, citizens, and the legal community do not yet pay due attention to environmental criminal offences, mostly perceiving them as secondary. At the same time, we believe that timely and correct consideration by the courts of criminal offences under Article 245 of the Criminal Code of Ukraine is an important means of protecting the right of citizens to a safe environment guaranteed by the Constitution.

Obstruction the legal activities of security personnel: features of normative regulation

The article examines the specifics of obstruction of security personnel legal activities. The fact of insufficiency of scientific investigations regarding the legal nature of obstruction of security personnel legal activities has been established. The aim of investigation is to analyze the content of obstruction of security personnel legal activities and to determine the relevant types of criminal offenses against security activities. To achieve the aim of the article, a complex of scientific methods was used there, such as: the formal-dogmatic (legal-technical) was used when defining the terms «obstacle», «intervention» and «influence»; comparative legal was used within the limits of comparing the norms of the Criminal Code (CC) of Ukraine and the CCU draft. The application of the methods of analysis, synthesis, induction and deduction made it possible to build a logical structure of the scientific article and draw reasonable conclusions about the content of obstructing the legal activities of security personnel and determining the types of criminal offenses against security activities. The investigation analyzed the concepts of «obstruction», «interference» and «influence». It is expressed and substantiated the hypothesis that the terms «obstruction», «influence» and «interference» are used as signs of the objective side of a criminal offense should be considered identical. The concept of «obstructing the legal activity of security personnel» is defined as the creation of any obstacles or the establishment of restrictions in professional activity, with the aim of preventing the performance of official duties at the proper level or achieving its non-performance. It is substantiated that the following signs of obstruction of security personnel legal activity are: 1) action or inaction, which consists in preventing or complicating the performance of professional duties by security personnel; 2) the purpose of the action is directed against the legal activities of security personnel. It is concluded that the damage inflicted on security personnel consists of physical, material or moral and psychological consequences: physical consequences are manifested in harming the life and health of security personnel; material consequences are manifested in damages caused to the property of security personnel, subjects of security activity or natural and legal entities as customers of security services; moral and psychological consequences are manifested in damage to the mental health of security personnel.