Criminal Code Research Articles

Aspek Pidana Pelaksanaan Tugas Pemandu Lalu Lintas Penerbangan Dalam Kecelakaan Pesawat udara

As an archipelagic country, Indonesia is a country that is suitable for air transportation because it can connect all parts of Indonesia. With the large number of aircraft carrying out transportation, of course it will be very dangerous if there is no one to direct the pilots so that they can fly safely to their destinations, this is where the role of flight traffic guides becomes crucial. However, it is possible for flight traffic guides to commit criminal acts so that there are arrangements regarding the accountability of flight traffic guides regulated in the Criminal Code in Articles 470g, 470m, and 470o and also regulated in the Aviation Law in Articles 437 and 439, but regulations regarding The legal subject in the article is still general and not specific because it still uses the legal subject "whoever" and "everyone. However, if the officer is proven to have made a mistake or negligence that endangers the aircraft, of course the relevant officer can be held criminally responsible and may be subject to criminal charges. penalty.

THE DYNAMICS OF CRIMINAL PROCEDURE LAW ENFORCEMENT RELATED TO THE ELIMINATION OF THE INVESTIGATION STAGE IN THE DRAFT CRIMINAL PROCEDURE CODE

This study examines the impact of the elimination of the investigation stage in the Draft Criminal Procedure Code (RUU KUHAP) on the dynamics of criminal law enforcement in Indonesia. The study utilizes various data sources, including legislative texts, government regulations, judicial decisions, and academic literature related to the topic, in order to understand the legal foundation governing the issue. The author analyzed the data through a qualitative approach, employing comparative legal analysis to evaluate the implications of various legal provisions, exploring their effectiveness and relevance in law enforcement practice. Furthermore, the author engaged in thematic analysis to explore the broader impacts of these reforms on legal practice and the enforcement of the criminal law, assessing the effectiveness and relevant of the existing legal framework in light of the proposed reforms. The results demonstrate that the abolition of the investigator position in the draft criminal procedure code has significant implications for the criminal procedural law system in Indonesia, paving the way for further discussions on improving criminal procedure and enhancing the effectiveness of law enforcement. This research could contribute to refining the legal framework and operational practices in Indonesia to ensure a balance between effective crime control and the protection of civil liberties.

Criminal liability for war crimes

The article provides a comprehensive theoretical and legal analysis of criminal liability for violations of the laws and customs of war, in light of contemporary challenges facing international humanitarian law. The relevance of this study arises from the need to enhance mechanisms of accountability for war crimes amidst modern armed conflicts and the importance of ensuring effective justice against war criminals. The research delves into the historical development of legal regulation for liability concerning breaches of war laws and customs, starting from the Hague Conventions to contemporary international legal instruments. Particular attention is given to the 1949 Geneva Conventions, which serve as a foundational pillar of modern international humanitarian law in protecting the rights of participants in armed conflicts. Through systematic analysis, the article outlines the distinct legal status of various categories of armed conflict participants (combatants, non­combatants, civilians, and prisoners of war) and the nuances of their protection under international humanitarian law. A detailed examination of the elements of the crime defined in Article 438 of Ukraine’s Criminal Code is conducted, with a specific focus on the contextual elements that characterize war crimes. The article addresses contentious aspects of the doctrinal interpretation of the contextual element in war crimes, exploring various academic perspectives on its nature and its place within the elements of the crime. The relationship between contextual circumstances and the objective and subjective aspects of war crimes is substantiated. The study also examines the specificities of different types of liability for violations of war laws and customs, including individual, collective, and state responsibility. It analyses the role of international judicial institutions in ensuring the inevitability of punishment for war crimes and highlights challenges in their effective operation. Based on the research, the authors propose improvements to mechanisms for criminal accountability regarding violations of war laws and customs and develop recommendations aimed at enhancing the effectiveness of international justice in this domain.

Legal grounds for liability for committing crimes of terrorism: a comparative legal analysis

In the research paper, in a comparative legal mode, the legal grounds of responsibility for committing crimes of a terrorist nature are considered, using the example of Ukraine, the USA, Great Britain, France and Germany. A comparative legal analysis of national approaches to defining and countering terrorist crimes is presented. The importance of using international norms and conventions in criminal legislation to combat terrorism is substantiated. The specifics of the regulation of the mechanisms of responsibility for terrorist crimes in various legal systems are analyzed, attention is focused on preventive measures and features of the criminalization of these acts in the relevant jurisdictions. The position is formulated that the American experience is important for scientific understanding since the US federal Criminal Code regulates in detail responsibility for terrorist crimes, in particular, distinguishing between international and domestic terrorism, and also contains specific articles on the financing of terrorism, the use of weapons of mass destruction, and acts of terrorism in public places. It is argued that the French legislator also shows a serious attitude to the fight against terrorism by including several prohibitions in its criminal law, which shows the integration of international legal recommendations. Compared to this, in Germany there are significantly fewer prohibitions against terrorist crimes, and the British legislator generally uses a special law - the Terrorism Act, rather than the Criminal Code. In conclusion, it is emphasized that the study of progressive international experience in the field of combating terrorism is important for Ukrainian scientists, as it allows them to evaluate the effectiveness of the approaches of other countries and to improve the national strategy for combating terrorism. Analysis of the results of the activities of law enforcement agencies and special services of foreign countries leads to the conclusion of the need to improve the provisions of program documents and criminal legislation of Ukraine, as well as to develop new methods of combating this socially dangerous phenomenon. Separately, taking into account the European integration aspirations of Ukraine, the importance of adapting the national anti-terrorist legislation, in particular its criminal law component, to the best European standards in order to ensure an effective fight against terrorism in the context of international cooperation is emphasized.

Ensuring the rights of convicts with mental disabilities in the context of the principle of humane treatment and respect for their human dignity under the conditions of marital state in Ukraine

In this work, taking into account the provisions of Art. 20 of the Criminal Code (CC) of Ukraine, which defines the legal status of persons with limited sanity, as well as on the basis of constitutional principles and the principle of ensuring the honor and dignity of a person as the highest social value, identifies the main problems and develops scientifically based ways to improve the legal mechanism from the specified issues in the field of execution of punishments and probation. In particular, it was established that the current criminal and executive legislation of Ukraine (Article 2 of the Criminal and Executive Code (CPC)) does not contain any norms that would relate to the realization of the above-mentioned right by convicts with mental disorders, which in the future is one of the determinants, which reduces the level of correctional and resocialization influence on the specified category of persons and contributes to their committing new crimes in the process of execution and serving punishment At the same time, attention is drawn to the fact that practically from 7% to 12% of convicts, who annually serve a sentence of imprisonment for a certain period, have one or another mental deviations and are really limited in their judgment, having in this connection an increased the level of social danger and victimhood (the ability to become a victim of illegal encroachments), which necessitates a new approach to the legislative and law enforcement levels to ensure the principle and right to humane treatment and respect for their human dignity. It was stated that among the priority criteria for the state of human rights in Ukraine, by which the possibility of our country’s accession to the European Union and NATO is assessed, is the guarantee and observance in law enforcement practice of such a principle as humane treatment and respect for the human dignity of any person. Taking into account the above, this work proves that in order to solve this issue at the state level, it is necessary to thoroughly and comprehensively clarify the content and essence of such an internationally recognized legal category as «the principle of humanism and respect for human rights and freedoms», which is relevant in the conditions of military state in Ukraine.

A special period as a mandatory feature for qualification under Art. 114-1 of the Criminal Code of Ukraine

The article is devoted to the analysis of the «special period» as a mandatory element of the crime provided for by Article 114-1 of the Criminal Code of Ukraine. This feature affects the qualification of crimes related to obstructing the lawful activities of the Armed Forces of Ukraine and other military formations. In the conditions of constant terrorist threats and the events that took place on the territory of Ukraine, the Law of Ukraine «On Amendments to the Criminal Code of Ukraine» dated April 8, 2014 introduced criminal liability for obstructing the lawful activities of the Armed Forces of Ukraine and other military formations during a special period (Article 114-1 of the Criminal Code of Ukraine), which is becoming more and more relevant nowadays. The term «special period» and «martial law» are increasingly being used at the legislative level. It is important that from the moment of the announcement of the mobilization of the Armed Forces of Ukraine and other military formations, which were created in accordance with the law, they start functioning (with regard to the organization and states) according to the rules of wartime. And in a special period, the activity of military formations is primarily related to the fulfillment of their tasks, stipulated by the laws of Ukraine, in wartime. In addition, in a special period, it can be the activity of military formations after the end of hostilities in a partially reconstruction period. A number of legislative, regulatory and legal acts and court decisions regarding criminal liability for obstructing the lawful activities of the Armed Forces of Ukraine and other military formations during a special period have been analyzed. The main stages of the «special period» have been identified, which affect all spheres of society, in particular, the activities of state bodies, enterprises and citizens, and provide for a special mode of functioning of the Armed Forces of Ukraine. At the same time, a special period during martial law can be a circumstance that aggravates the punishment for committing a crime. Therefore, when considering cases and choosing the type and measure of punishment for the accused, the courts must take into account the time period, the situation, the nature and degree of severity of the committed criminal offenses, mitigating and aggravating circumstances of the punishment when the crime was committed, etc.

Issues of application of paragraphs 4-1, 5 of Part 1 of Article 284 of the Criminal Code of Ukraine by the Supreme Court in respect of a convict who died before the completion of cassation proceedings

The article is devoted to the analysis of the problems which may arise at the stage of review by the Supreme Court of criminal proceedings in case of simultaneous existence of two legal facts which are the grounds for closing criminal proceedings: the expiration of the law which established the criminal unlawfulness of an act (clause 41, part 1, Article 284 of the Criminal Code of Ukraine) and the death of a convicted person, but whose close relatives insisted on the deceased’s rehabilitation (clause 5, part 1, Article 284 of the CPC of Ukraine). To achieve the purpose of this study, the author, using the systematic, generalising, comparative and analysis methods, has identified the common and distinctive features of both grounds for closing criminal proceedings provided for in clauses 41, 5 of Part 1 of Article 284 of the Criminal Code of Ukraine. The common features include the fact that they are non-rehabilitating in terms of the consequences for the convicted person; they are related to the occurrence of a legal fact: 1) adoption or amendment of the law of Ukraine on criminal liability and 2) death of the convicted person at the stage of cassation proceedings. The author identifies the will of a particular person to implement the principle of presumption of innocence as distinctive. In particular, for the court to make a decision based on clause 41 of Part 1 of Article 284 of the Criminal Code of Ukraine, active (volitional) behaviour of the convict is required, while for the application of clauses 5 of Part 1 of Article 284 of the Criminal Code of Ukraine, passive (conclusive) behaviour of the deceased convict’s close persons is sufficient. It is due to this difference that the author states that the Supreme Court has no right to close the proceedings based on clause 41 of Part 1 of Article 284 of the Criminal Code of Ukraine without the consent of the convicted person. The article also examines the powers of the Supreme Court to continue the trial of proceedings aimed at rehabilitation of a deceased convict. The author emphasises that the cassation court cannot refuse to consider the application of the deceased’s relatives for rehabilitation only on the grounds that the act for which he/she was convicted was decriminalised by the legislator. In this regard, the author proposes appropriate amendments to the Criminal Code of Ukraine. In addition, the author examined the existing limits of cassation proceedings within which the cassation court may conduct a criminal investigation and make decisions with a view to rehabilitating a convicted person.

Distinguishing collaboration activities from related criminal offences: issues of theory and practice

The study provides a comprehensive theoretical and legal analysis of the issue of distinguishing collaborative activities from related criminal offences within the context of safeguarding Ukraine’s national security. The relevance of this topic is driven by the necessity for precise criminal law classification of collaborationist activities under conditions of armed aggression and the importance of differentiating this offence from related criminal acts to enhance the effectiveness of legal enforcement. This work conducts an in-depth analysis of the regulatory framework governing responsibility for collaborative activities, identifying specific characteristics of this type of offence. Special attention is devoted to a comparative examination of the objective and subjective elements of crimes defined in Articles 111, 111-1, 111-2, 436, and 436-2 of the Criminal Code of Ukraine. Through systematic analysis, key criteria are identified to distinguish collaboration from acts of state treason, assistance to an aggressor state, and war propaganda. The primary differentiating features include the specifics of the subject composition, territorial scope, the nature of transferred material resources, the public nature of actions, the intent direction, and the purpose of the activities. The study examines the objective aspects of collaboration, including the public nature of actions, the transfer of material resources, and informational activities. It also defines the subject composition of the examined criminal offences and their territorial attachment. Issues surrounding the differentiation of collaborative activities in the form of material resource transfer and assistance to an aggressor state are explored, particularly in terms of ownership rights over transferred resources. The distinctive qualifications of political and informational collaboration are outlined. A holistic approach to distinguishing collaborationist activities from related offences is substantiated, requiring a systematic interpretation of criminal law norms in connection with all elements of a criminal offence.

Collaborative activity in the administrative sphere

Thearticle deals with the problem ofcollaboration in the administrative sphere, in particular, under Parts 2, 5, 7 of Article 111-1 of the Criminal Code. The study is aimed at characterising the objective side of these offences, analysing court decisions, outlining the problems arising in their qualification and formulating recommendations for improving Article 111-1 of the CC. Collaborative activity in the administrative sphere is associated with a person holding a position in illegal authorities established in the temporarily occupied territories. An important aspect is the establishment of the functions performed by persons in these positions and the separation of organisational and administrative functions from administrative and economic functions. The author conducted a study of court practice, which is complicated for a number of reasons: 1) verdicts under Part 2 and Part 5 of Art. 111-1 of the CC do not always indicate the position or functions performed by the person; 2) simplified consideration of cases or conclusion of agreements (Part 2 of Art. 111-1 of the CC), consideration of cases in absentia or pronouncement of only the operative part of the verdict (Part 5 of Art. 111-1 of the CC). As a result, it is impossible to find out all the circumstances that influenced the decision to find a person guilty and sentence him or her. In addition, practice shows that persons whose actions are insignificant and do not cause significant damage to the state are brought to justice. The author notes that it is incorrect to bring to criminal liability under Part 2 of Article 111-1 of the CC of Ukraine persons who actually performed the functions of assistance to vulnerable groups of the population. It is established that it is correct to indicate in court verdicts whether the accused had subordinates and whether he or she had the ability to manage property. The article emphasises the need to improve legislation to clearly define the functions performed by persons holding positions in illegal judicial and law enforcement bodies. Due to the imperfect wording of Part 7 of Article 111-1 of the CC, both a driver and a judge may be held criminally liable, and their actions pose a completely different level of public danger. This is also evidenced by the court practice. The author proposes to restate part 7 of Article 111-1 of the CC in a new wording to address the above problem.

Defence of Ukraine against armed aggression and combat immunity as circumstances excluding the unlawfulness of an act under the draft Criminal Code of Ukraine

The article analyses the actual composition of the circumstances which exclude criminal unlawfulness/illegality of an act provided for in the current Criminal Code of Ukraine (performance of the duty to protect the Motherland, independence and territorial integrity of Ukraine - Article 43-1) and in the draft Criminal Code of Ukraine (protection of Ukraine from armed aggression - Article 2.9.3 and combat immunity - Article 2.9.11). Based on the analysis of scientific literature, the author identifies the main approaches of scholars to the formulation of the circumstance excluding criminal unlawfulness of an act under Article 43-1 of the Criminal Code of Ukraine and traces the ways to eliminate them in the text of two relevant circumstances in Articles 2.9.3 and 2.9.11 of the draft Criminal Code of Ukraine. It is concluded that the factual composition of these two circumstances, despite the fact that they have the same legal nature, since they arise from the duty to defend the Motherland, independence and territorial integrity of Ukraine, have a different factual composition. In particular, these circumstances differ significantly both in terms of primary and secondary facts and in terms of the conditions accompanying the secondary (main) fact. It is stated that this approach cannot be considered justified. It is concluded that the value of understanding the legal essence of circumstances excluding the unlawfulness of an act through the prism of their factual composition is precisely to develop a typical model of such circumstances which would include the same number of facts and conditions accompanying them with a variable component of some of them. In this case, variability may occur in relation to the conditions accompanying the secondary (primary) fact. As for the facts themselves - primary (non-basic) and secondary (basic) - their content should be the same for both the defence of Ukraine against armed aggression (Article 2.9.3 of the draft Criminal Code of Ukraine) and combat immunity (Article 2.9.11 of the draft Criminal Code of Ukraine).

Impact of criminal law measures on combating the spread of infectious diseases

It was established that criminal law measures to influence the spread of contagious diseases are ineffective. The provisions provided for in the Criminal Code of Ukraine, namely Articles 130, «Infection with the human immunodeficiency virus or another incurable infectious disease,» and 133, «Infection with a venereal disease,» are outdated due to the development of medical science. Such criminal law regulation hinders the effective treatment and prevention of HIV and other infectious diseases. In addition, in many cases, such criminal law measures lead to the violation of human rights. Attention is drawn to the fact that Ukraine’s normative legal acts in the field of health care and the World Health Organization documents do not lack the concepts of «incurable disease» and «venereal disease.» Considering this, applying criminal law norms in which such terminology is used is impossible without violating the principle of legality. Based on the study of scientific research in the field of prevention and treatment of infectious diseases, as well as documents of international organizations operating in this area, it was concluded that the said criminal law measures are not only unable to have a positive effect on combating the spread of infectious diseases but also lead to an increase in morbidity. The reason for this is the reluctance of representatives of social groups with a high risk of HIV infection to undergo testing and timely antiretroviral therapy. In addition, people with health problems that are outwardly similar to sexually transmitted diseases, in many cases, avoid contacting health workers and self-medicating, including the uncontrolled use of antimicrobial drugs. The consequence of such behavior is the spread of these infectious diseases and the risk of developing resistance to antimicrobial drugs, which poses a significant threat to epidemic safety. Decriminalization of exposure to the risk of HIV infection and infection with a venereal disease, as well as the elimination of inconsistencies between criminal law and legislation in the field of health care, will contribute to the protection of human rights and will have a positive impact on epidemic safety.

Codification projects of Soviet All-Union legislation (late 1920s – early 1950s)

The article shows the stages of codification of All-Union legislation. In the 1920s the legislation of the RSFSR was codified. After the formation of the USSR the all-Union legislation developed. At the end of the 1920s, the first ideas about the advisability of the transition to all-Union codification appeared. After the adoption of the Constitution of the USSR in 1936, drafts of the Criminal Code of the USSR, the Civil Code of the USSR, the Code of Criminal Procedure of the USSR, the Civil Procedure Code of the USSR are being developed. The process of preparation of projects and the result obtained are analyzed. The political and legal reasons for the refusal of the all-Union codification are revealed.

Peculiarities of criminal liability provided for collaborative activities

The article examines the peculiarities of criminal liability for collaboration activities in Ukraine as one of the key challenges to national security amidst the ongoing armed aggression of the Russian Federation. It analyzes the grounds for introducing relevant legislative norms, particularly Article 111-1 of the Criminal Code of Ukraine (CCU), and their significance in combating collaborationism. The study outlines issues associated with the application of these norms, especially in distinguishing criminal acts from behaviors aimed at survival by citizens in temporarily occupied territories (TOT). The article provides a historical overview of the term “collaborationism” and its contemporary meaning. It emphasizes that collaboration activities encompass various forms, such as public denial of aggression, cooperation with occupation authorities, organizing unlawful elections or referenda, and participating in propaganda activities. However, the lack of a clear definition of this term in the CCU complicates its practical application. Statistical data underscore the relevance of the issue: since the introduction of Article 111-1, over 8,000 cases have been registered. Nevertheless, the high conviction rate and absence of acquittals raise concerns about adherence to principles of justice and human rights. The study also discusses observations by the Office of the United Nations High Commissioner for Human Rights, highlighting the insufficient clarity of the article’s provisions, which may lead to arbitrary enforcement. The authors propose improving criminal legislation through the following measures: Introducing a clear definition of collaborationism into the CCU. Clarifying the provisions of Article 111-1 in line with international standards. Ensuring legal differentiation between criminal offenses and actions related to survival. Harmonizing Ukrainian legislation with international humanitarian law. These changes are expected to enhance the effectiveness of combating collaborationism while maintaining a balance between punishing offenders and protecting the rights of citizens in TOT.

Creation for the purpose of illegal use, distribution or sale of harmful software or technical means, as well as their distribution or sale (Article 361-1 of the Criminal Code of Ukraine): certain aspects and problems of criminal-legal qualifications

This article analyzes certain aspects and problems of the criminal legal qualification of offences under Article 3611of the Criminal Code of Ukraine, which provides for criminal liability for the creation with the purpose of unlawful use, distribution or sale of malicious software or hardware, as well as their distribution or sale. The author analyzes the existing case law and provides statistics based on 166 court verdicts according to the Unified State Register of Court Decisions. The results of this study revealed that only 4.22% of the total number of verdicts were acquittals, while 95.78% were guilty verdicts (of which 96.2% were plea bargains and 3.8% were denials). This raises doubts as to the quality and completeness of the consideration of this category of cases in court. The article examines the construction of the objective aspect of the criminal offence and offers the author’s own vision of the definition of certain forms of action, namely: whether the placement of malicious software in open or restricted access can be considered as transfer; whether it can be considered as distribution of malicious software if access to it is provided by the user through entering an IP address. Attention is also drawn to the need to define a unified methodology for identifying malware and formalize certain concepts. The absence of a unified approach to the definition of terms such as “malware” and “automated system” complicates law enforcement and causes heterogeneity in judicial practice. Particular attention is paid to the problem of qualification through malware identification tools, in particular, using the VirusTotal resource, which may lead to erroneous conclusions. The author emphasizes the need for a unified and sustainable approach to law enforcement by the courts. The author also focuses on specific measures which will improve the quality of law enforcement of the provision contained in Article 3611 of the Criminal Code of Ukraine and will contribute to the formation of a unified approach in the courts to the qualification and prosecution of persons who have committed an act under the above article.

The employee of an international defence company as a subject of a criminal offence

The article notes that today the issue of involvement of employees of private defence companies in the defence of sovereignty and repulsion of armed aggression s is also relevant for our country. One of the most important issues is the grounds and procedure for bringing these employees to justice if their actions contain elements of a criminal offence. The author points out that the purpose of the research is to identify the characteristic features of an employee of an international defence company as a subject of a criminal offence and to develop proposals in this area. In accordance with the current legislation, military service is performed by: citizens of Ukraine - on a voluntary basis (under a contract), by assignment or by conscription; foreigners and stateless persons - on a voluntary basis (under a contract) in positions to be filled by servicemen and officers of the Armed Forces of Ukraine, the State Special Transport Service and the National Guard of Ukraine. Citizens of Ukraine, foreigners and stateless persons who perform military service are recognised as servicemen. The article concludes that according to the specifics of activities of international defence companies, the proposed mechanism of legal regulation of their operation and the status of their employees, it is possible to state that the motioned employees are not currently recognised like a special subject of military criminal offences liable for which is provided in Section XIX of the Criminal Code of Ukraine, even if they carry out defence activities. At the same time, taking into account the essence of the performed tasks and the nature of the legal relations in the unit (formation), as well as the status of the employees of the international defence company, it is advisable to make changes to certain provisions of the current national system of regulatory and legal acts. So, particulary, Part 1 of Art. 401 of the Criminal Code of Ukraine is expedient to be worded as follows: «Military criminal offenses shall be recognized as criminal offenses provided for in this section against the procedure established by law for carrying out or completing military service, committed by military personnel, employees of an international defence company, who participate in the defence of the state and the repulsion of armed aggression (under conditions of special period or state of war), as well as conscripts and reservists during assembly».

On the subjects of misuse of state extra-budgetary funds (Article 285² of the Criminal Code of the Russian Federation)

On the subjects of misuse of state extra-budgetary funds (Article 285² of the Criminal Code of the Russian Federation)

Challenges in Migrations: Combating Trafficking in Human Beings in Serbia

The state laws of the Republic of Serbia recognize trafficking in human beings as a form of organized criminal activity, and different acts treat the prevention, repression and punishment of trafficking in human beings as well as the protection of the witnesses and the injured persons, before, in the course of and after the criminal prosecution. The Council of the Government of the Republic of Serbia for the fight against human trafficking was first constituted in December 2005, as an expert, advisory body of the Government. The Constitution of the Republic of Serbia from 2006 deals with the issue of human trafficking in the provision of Article 26: “It is expressly forbidden that no one can be held in slavery or in a position similar to slavery, that is, every form of human trafficking and forced labor under which it is considered sexual or economic exploitation of persons in a disadvantaged position”. The Criminal Code sanctioned: Human Trafficking (Art. 388); Trafficking in children for adoption (Art. 389); Establishment of slavery and transportation of persons in slavery (Art. 390). People smuggling is criminalized as a separate criminal offense under Unauthorized Crossing of the State Border and People Smuggling (Art. 350). The aims of this work are to indicate all relevant regulations that are applied against human trafficking in Serbia as well as to show the cooperation of Serbia as a candidate country and EU accession with other countries in the fight against human trafficking and the cooperation of state authorities and non-governmental organizations in preventing human trafficking in Serbia and abroad. At last, the cases of migrants and human trafficking described in the media are presented and what kind of attention these criminological phenomenons are causing in Serbia.

A Review of the Interpretation of the Canadian Test for Fitness to Stand Trial.

In 1991, Canada introduced Bill C-30 to amend the Criminal Code (mental disorder). Bill C-30 codified accumulated law specifying the criteria for fitness to stand trial. This test was clarified in a landmark case, R v. Taylor, which appeared to accept the limited cognitive capacity test. This explanation has guided the assessment of fitness to stand trial in courts across Canada for three decades. It was recently tested in an Ontario Court of Appeal case, R v. Bharwani, which ruled that the common interpretation of Taylor was insufficient. The court ruled there is one test for fitness, which is contextual and nuanced, and this test is spelled out in the Criminal Code. This will likely change the test and manner for assessing fitness to stand trial in Canada from how it has evolved over the last three decades.

Кримінально-правова політика держави щодо криміналізації та декриміналізації контрабанди

Abstract. The article discusses the issues of criminal law policy of the state regarding the criminalization and decriminalization of smuggling. It is noted that the protection of human and citizen rights and freedoms is the primary task of the state, which is implemented through its criminal and legal policy. The main methods for implementing the state's criminal and legal policy include defining a range of socially dangerous acts that the legislator classifies as criminal (criminalization) and excluding acts from the category that are recognized as criminal (decriminalization). Considering that since the adoption of the current Criminal Code of Ukraine, there have been many changes and additions to Articles 201 and 305 of the Criminal Code of Ukraine, which provide for liability for smuggling, there is a need to analyze the use of these methods in relation to the aforementioned articles. It is emphasized that the emergence of smuggling has deep roots, but it was caused by the objective consequence of the economic development of the state: material difficulties arise in the state, leading to the exchange of goods, and accordingly, these relations are connected with customs policy. However, smuggling as a violation arose in the XIV-XVI centuries, when trade and monetary relations began to develop intensively. In Ukraine, which at that time was part of Russia, legislation regarding the counteraction to smuggling began to take shape from the middle of the XVII century and continues to the present day. It is stated that in the Criminal Code of Ukraine of 2001, liability for smuggling is established by Articles 201 and 305 of the Criminal Code of Ukraine, but since the adoption of the code and to this day, changes and additions have been made to these articles seven times. According to the latest changes and additions, the name of Article 201 of the Criminal Code of Ukraine has been changed to "Smuggling of cultural values and weapons," and the Criminal Code of Ukraine has been supplemented with new articles: Article 201-1 "Smuggling of timber and valuable tree species," Article 201-3 "Smuggling of goods," Article 201-4 "Smuggling of excisable goods." Accordingly, the article provides an analysis of the mentioned changes and additions in criminal legislation. It is concluded that by analyzing the changes that have been made since the adoption of the Criminal Code of Ukraine in 2001, it is concluded that today the legislator has significantly expanded the concept of smuggling, defining additional objects of smuggling, allocating them into separate norms, but leaving the objective side of smuggling as the only one for all compositions, which, regardless of the object of smuggling, is expressed in the movement of smuggled goods beyond customs control or in concealing them from customs control, but establishing different degrees of criminal liability, taking into account the object of smuggling. Keywords: criminal and legal policy; smuggling; objects of smuggling; criminalization; decriminalization; legislation on criminal liability.

ЩОДО ВДОСКОНАЛЕННЯ ПРАВОВОЇ РЕГЛАМЕНТАЦІЇ ПРИМУСУ ПЕРСОНАЛОМ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

The article formulates proposals for improving the legal regulation of coercion in the SCES of Ukraine. The need to amend the provisions of national legislation aimed at regulating “extreme” forms of coercion, such as the use of firearms in the penitentiary system, which will ensure full compliance with international human rights standards in the penitentiary system. In particular, it is necessary to make changes and additions: to Art. 106 of the Criminal Procedure Code of Ukraine, which in order to comply with the provisions of Part 1, Clause 64 of the European Penitentiary Rules must be supplemented with provisions on the use of coercion only as a “extreme measure”, to item 7 h. 2 Art. 18 of the Law of Ukraine “On the State Criminal and Executive Service of Ukraine”, which should be supplemented by similar provisions; to the Law of Ukraine “On the State Criminal and Executive Service of Ukraine”, which should be supplemented by a separate section designed to clearly regulate the grounds and procedure for the application of coercion to convicts and detainees, etc. The article also substantiates the need to improve the legal regulation of combating the circulation of prohibited items (things) in pre-trial detention centers and penitentiary institutions, made a proposal to amend the text of Part 2 of Art. 263 of the Criminal Code of Ukraine in order to cover the transfer of cold steel to the penitentiary institution and pre-trial detention center, namely to supplement its text with the term “transfer” and to state it in the wording: “2. Carrying, handing over, making, repairing or selling daggers, ending with knives, brass knuckles or other cold steel weapons without a legal permit.” It is concluded that as a result of amendments to the legislation, one can expect not only an improvement in human rights in the national penitentiary system, but also a stabilization of the operational situation in penitentiary institutions and pre-trial detention centers, increasing the overall effectiveness of combating and preventing prison offenses. Key words: сoercion, legal regulation of coercion, national penitentiary system, the rights of convicted and detained persons, circulation of prohibited items, criminal liability for the transfer of prohibited items, SCES.