Norms Of Criminal Law Research Articles

Violation of the handling rules of pathogens: discourse on the definition of the subject of the criminal offense

The relevance of the study is determined by the growing importance of ensuring the biological security of the state, in particular, by criminal legal means in the context of strengthening control over the activities of research, diagnostic and production microbiological laboratories that work with pathogenic material, as well as by the uncertainty of the criminal legal doctrine regarding the mandatory signs of the composition of the criminal offense under Art. 326 of the Criminal Code of Ukraine. The purpose of the article is to develop a scientifically grounded approach to the understanding of the subject of violation of the handling rules of microbiological objects that are pathogens of dangerous diseases, and the responsibility for which is provided for by Article 326 of the current Criminal Code of Ukraine, as well as by Articles 5.1.12, 5.1.13 and 5.1.19 of the draft of the new Criminal Code of Ukraine. To achieve this goal, the following scientific methods were used: hermeneutical, normative-dogmatic, formal-logical, system-structural. The provisions of international and national legislation of Ukraine, which determine the content of the subject of the relevant criminal offense, were analyzed. It was found out that, despite the dual interpretation, the term “biological agents is used both in the current and in the prospective legislative acts of Ukraine, and the lists of dangerous biological agents are approved by the Government and the Ministry of Health of Ukraine. In the absence of the legal definition of the term “infectious agents” and the absence of any normative defined lists of such agents, the use of this term in the construction of the relevant criminal law norms is considered to be questionable. The meaning of the concept of “biotechnology products,” which was used by the authors of the draft of the new Criminal Code of Ukraine to criminalize the violation of the handling rules of pathogens, has been determined. It was found out that there is no legally defined list of biotechnology products, which significantly expands the meaning of this concept. It was argued that the application of the definition of “biotechnology products” in a prospective codified criminal legal act will create unjustified competition of norms and will negatively affect the qualification of relevant criminal offenses. The optimal version of the disposition of the criminal legal norm on the violation of the mentioned rules of biological safety in terms of determining the subject of this criminal offense has been given.

ОБ УТОЧНЕНИИ ПОДСЛЕДСТВЕННОСТИ ПО УГОЛОВНЫМ ДЕЛАМ ЗА УНИЧТОЖЕНИЕ ИЛИ ПОВРЕЖДЕНИЕ ИМУЩЕСТВА ПО НЕОСТОРОЖНОСТИ

The article considers the actual problems of forming a correct legal conceptual and categorical apparatus used in Russian legislation regulating responsibility for activities that create increased danger to others. The methodological basis of the analysis carried out by the authors is the dialectic of legislative and law enforcement activities in their contradictory unity and the desire to achieve maximum meaningful purity of legal categories introduced into circulation, using the example of article 168 of the Criminal code of the Russian Federation. The authors propose specific formulations of the criminal law norm prescribed in article 168 of the Criminal code of the Russian Federation and their justification, which makes it possible to clarify the jurisdiction attributed to the competence of the investigators of the state fire supervision of the federal fire service of the State fire service of EMERCOM of Russia in criminal cases for the destruction or damage of property by negligence.

«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.

Adalékok az abortusz büntetőjogi megítélésének történetéhez

Aim: To examine how the social and, at the same time, legal perception of induced abortion has changed since the Middle Ages. Examining the criminal law norms seems to be a good indicator of this because these norms are meant to play the role of a capstone for the protection of social values. Methodology: Processing and analysis of legal norms and literature data from a historical perspective. A value-oriented analysis of the mentioned sources accompanies this. Findings: The normative system of the middle ages was permeated by the Christian religion and the morality based on it. Thus, at this age, there was no doubt that taking away the life of the fetus was a sin and a crime as well. This rule prevailed in later times until 1945. The abortion ban that remained after the communist takeover was based on entirely different moral foundations. It was based on the fact that workers are needed for social development, and taking away fetal life deprives socialist society of this resource. State socialism later relaxed the rules. This change was followed by the criminal law with a significant lag until finally, in 1962, only illegal abortion was punishable. The changes after the regime change consolidated the legislative attitude according to which the fetus is not a human being. The criminal law norms are also in line with this. Value: Historical outline of the protection of fetal life, with particular regard to its protection under criminal law. Changes in European culture led to the development of different images of people. An imprint of these is the protection of fetal life.

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.

Theoretical problems of understanding the essence of administrative prejudice in criminal law

Subject of research: the article considers the issue of the essence of administrative prejudice in the criminal law of Russia and Belarus. Purpose of research: to determine the meaning of administrative prejudice in criminal law and its place in the structure of the corpus delicti of a crime, as well as to correlate administrative prejudice and other institutes of criminal law. Methods and objects of research: in conducting the research the traditional methods of socio-legal and formal-dogmatic analysis were used: documentary, historical-legal, analytical, systematic, logical. Main results of research: the author considers administrative prejudice in the general context of crime and its substantive features, determines the place of administrative prejudice in the structure of the corpus delicti. Separately the question of criteria of criminalization of acts in criminal law, understanding of criminal law in a broad sense, differentiation of crime and offense is revealed. The legal nature of administrative prejudice, its connection with public danger and insignificance of a deed is shown, the main features of acts, which are characterized by signs of administrative prejudice, are disclosed. Special attention in the work is paid to the analysis of subjective signs of administrative prejudice, the establishment of recommendations on the application of the norms of criminal law in this part and qualification of unlawful acts. The basic provisions of the science of criminal law are given and specific measures to improve the current criminal legislation are proposed.

IMPROVING CRIMINAL LIABILITY FOR FINANCING TERRORISM

Terrorism is a complex and multifaceted illegal phenomenon that is actively developing in the modern world. The dynamic transformation of this phenomenon requires constant resource support. In the context of widespread informatization and digitalization, the achievements of modern science and technology, as well as the reorientation of the population to function remotely on the Internet, are actively used to attract the necessary resources for organizing terrorist activities. Despite the fact that the current Russian legislation has long defined the specifics of criminal liability for the financing of terrorism, in practice this illegal behavior is actively improving, which gives rise to problems of its qualification, taking into account the existing criminal law norms. The purpose of the presented study is to analyze the state of the institution of criminal liability for the financing of terrorism and to determine the priority areas for its improvement, taking into account modern realities. The author comes to the conclusion that the current criminal law norms in this area do not take into account the realities of financial and information legal relations, which gives rise not only to impunity of specific individuals, but also contributes to the further spread of terrorist financing. Proposals for independent criminalization of terrorist financing are formulated, qualifying features of this act are defined. Attention is focused on the fact that the improvement of criminal-legal measures to combat terrorist financing is of paramount importance, since the scope of legal consequences for the guilty persons directly depends on the criminalization of this activity, and the possibilities of preventive action are significantly expanded.

FEATURES OF CRIMINAL RESPONSIBILITY FOR MILITARY CRIMINAL OFFENSES COMMITTED DURING THE PERIOD OF MARTIAL STATE

Based on the analysis of the current legislation and scientific literature, the peculiarities of criminal responsibility for military criminal offenses committed during the period of martial law were investigated, which made it possible to formulate proposals for changes to the current legislation. It was determined that the lack of a systematic approach to the issue of using such a qualifying feature as the commission of an act under martial law led to a violation of the principle of justice, an imbalance in the system of measures of criminal law influence on the commission of criminal offenses. In view of this, a number of articles of Chapter XIX of the Special Part of the Criminal Code of Ukraine need to be supplemented with the specified qualifying feature. We are talking about articles 406, 412, 414-417, 422 of the Criminal Code of Ukraine. It has been established that the sanction of Part 2 of Article 433 of the Criminal Code of Ukraine does not comply with the rules of construction of sanctions of special criminal law norms and requires an increase in the amount of punishment in order to harmonize with the sanction of Part 4 of Article 187 of the Criminal Code of Ukraine, which provides for responsibility for a uniform criminal offense. It is proved that Article 435-1 of the Criminal Code of Ukraine should be placed in Chapter XV of the Special Part of the Criminal Code of Ukraine, and its content has been significantly changed taking into account the comments expressed in this work and by other authors. It is substantiated that part 4 of Article 401 of the Criminal Code of Ukraine should be supplemented with a provision on the possibility of exemption from criminal liability for the commission of a military criminal offense by a special purpose police officer of the National Police of Ukraine with the application of measures provided for in the Disciplinary Statute of the National Police of Ukraine.

Законодательная регламентация вопросов противодействия новым формам девиантного поведения в сети «Интернет»

Introduction. The article deals with the problem of legislative counteraction to new forms of deviant behavior that have recently appeared in the information space of the Internet. Trash streams represent the greatest public danger among its currently existing varieties. With the application of general scientific and private scientific methods, as well as the method of systemic formal- legal analysis, an attempt was made to determine some general provisions concerning the possibility of bringing the organizers and participants of trash streams to criminal, as well as in some cases to administrative responsibility. From the position of the theory of criminal legal science, as well as the currently available law enforcement practice, a number of draft laws prepared by the public and legislators, which are currently being considered as legislative initiatives, have been analyzed. In particular, the draft law on introducing alterations and additions to criminal legislation, proposing to establish criminal liability for committing such acts on the Internet. The subject of the study is federal laws, regulations and documents governing social relations in the field of combating criminal manifestations of deviant behavior on the Internet. The material base of the study was formed by the works of domestic forensic scientists devoted to the problem under study, as well as periodical press materials, judicial and investigative practice. Methods. The methodological basis of the study was formed by the basic provisions of the dialectical method of cognition, general scientific and private scientific methods, such as comparative-legal, concrete-sociological, formal-logical, systemic and historical, which made it possible to state some general conclusions. Results. As a result of the research the relevance of the systemic formal-legal approach has been established, starting from the legislative fixation of the concepts related to the signs of trash streaming, an attempt has been made to formulate the general conditions of criminalization of this kind of phenomena, legislative initiatives and proposals aimed at combating trash streaming have been named and analyzed. In addition, the conclusion is drawn of the complexity of criminal legal qualification of trash streaming as an act enshrined in the Criminal Code of the Russian Federation in the form of a specific criminal law norm due to the formal absence of indicia of public danger and illegality, as well as the need for further work on draft laws, taking into account, among other things, the opinion of the scientific community.

Principle of scientific support of rulemaking and construction of criminal law norms

The article highlights the issue of the principle of scientific support for the construction of criminal law provisions as one of the fundamental principles of rulemaking in the field of criminal law. This principle is based on the legislator’s obligation to adhere to the scientific approach and scientific methods at all stages of the rulemaking process, and this implies that such criminal law rulemaking decisions should be made which correspond to the level of scientific development of the relevant issue in the theory of criminal law and guarantee the actual implementation of the principle of legality in rulemaking in this area. The author suggests that in order to fully realize the potential of the principle of scientific support for rulemaking in the field of criminal law, it is advisable to combine its use with the principle of practical compliance of criminal law provisions and the possibilities of their application. This principle should be taken into account both in the process of updating criminal legislation in general and in the development of individual criminal law provisions. The principle of scientific support for the construction of criminal law provisions may not be taken into account when adopting laws of Ukraine on criminal liability in an extraordinary period, as exemplified by the beginning of the full-scale invasion of Ukraine by the Russian Federation. The need for an immediate state response to such global threats by adjusting the current criminal legislation without observing the principle of scientificity is exceptional. As a rule, the adoption of new criminal laws without observing the principle of scientific evidence results in low quality criminal law provisions that are not able to ensure their effective application. The principle of scientific support should be implemented both during the scientific examination of draft criminal laws and during the scientific support of the entire rulemaking process.

Peculiarities of criminal liability for intentional destruction or damage to someone else’s property

The article reveals the specifics of criminal liability for intentional destruction or damage to someone else’s property provided for in Article 194 of the Criminal Code of Ukraine. The problematic issues of the composition of the criminal offense of intentional destruction or damage to someone else’s property are analyzed, the difference between this composition and the intentional destruction or damage to property that has special features (objects of the electric power industry, nature reserve fund, archaeological heritage, weapons, military supplies, official documents, military property, etc.). Intentional destruction or damage to someone else’s property, which has special features to be qualified according to the special norms provided for by articles: 113, 1941, 252, 258, 292, 298, 338, 357, 360, 378, 399, 411, 437, 433, 438 of the Criminal Code, is proposed. of Ukraine. On the basis of the analysis of judicial practice, it was proposed that in the case of using an explosive device, for the intentional destruction or damage of someone else’s property, such actions of the perpetrator must be additionally qualified under Part 1 of Art. 263 of the Criminal Code of Ukraine. The imperfection of the provisions of the current criminal legislation in terms of the formulation of the qualifying signs of intentional destruction or damage to property was revealed. It has been established that the current legislation of Ukraine on criminal responsibility does not include the concept of a generally dangerous method, arson, explosion, the content of the death of people, serious consequences is not disclosed. The concept of a generally dangerous method and its varieties is proposed. The concept of a generally dangerous method and its varieties is proposed. A generally dangerous method of intentional destruction or damage to property is a method that causes property, non-property, physical damage to an individual or legal entity or creates a real danger of causing such damage to two or more people. In order to avoid unnecessary differentiation of criminal law norms, it is proposed to exclude from the Criminal Code of Ukraine articles 347, 3471, 352, and part 2 of Art. 194 of the Criminal Code of Ukraine to add the sign of intentional destruction or damage to someone else’s property in connection with the person’s performance of official powers or professional duties.

The phenomenon of suicide considered from criminological, sociological and legal perspectives. Case study – Warmia and Mazury Voivodship

Aim: The aim of the study is to characterise the phenomenon of suicide and to carry out a comprehensive analysis of the phenomenon, reaching to its aetiology, characterising its symptomatic forms, confronting it with the norms of Polish criminal law and assessing the symptomological tendencies in the area in question. Method: the point of reference for the study is suicides committed or attempted in the area of the selected territorial unit in Poland. Warmińsko-Mazurskie Voivodeship is a specific region in the context of the whole country. First of all, the Second World War interrupted the relay of generations. The population is largely made up of displaced persons from the east. This community had to forge new interpersonal bonds and create cultural resources from scratch. In addition, the region was hit by high unemployment and a phenomenon of social pauperisation during the political transformation of the 1990s. From a psychological point of view, many suicidogenic factors have accumulated in the region. In terms of police services, the area is under the jurisdiction of the Regional Police Headquarters in Olsztyn. The chosen aim of the research and the research problems determined the choice of methods. The multifaceted nature of the studied phenomenon required the use of several complementary research methods, such as: the formal-dogmatic method, the historical-legal method and the comparative method. The following considerations are also based on the analysis of statistical data on the research subject. Results: Analysing the phenomenon in question, it was found that the approach to it was and still is conditioned by historical, civilisational circumstances. It is also reflected in legal codifications, in which the legislator departs from punishing potential suicides. At the same time, when considering the phenomenon on a regional scale, no significant deviations from the general trends are noticeable. However, taking into account the social territorial dissimilarity, the local specificity should be taken into account in the creation of support for persons at risk of various dysfunctions that may be the cause of suicide. Theoretical implications (if applicable): not applicable. Practical implications (if applicable): The presented analysis of the phenomenon in a regional context will undoubtedly contribute to further research on suicidal behaviour. The local perspective of the article fosters a comprehensive understanding of the factors influencing the decision to take one's own life. Thus, it may influence the creation of a system of support for people in this regard, taking into account the specifics of the region and social problems resulting from economic and living relations. Originality/value: the article integrates contemporary knowledge on the symtomology, phenomenology of suicide, allows to identify the main causes of this phenomenon and characterises the legislation in this field. The following article analyses the phenomenon of suicide on a regional scale. The local perspective makes it possible to know in more detail the problems causing negative social behaviour. At the same time, it adequately identifies the problems oscillating around the phenomenon in question. It can be a useful tool for researchers and decision-makers looking for answers to questions in this area and indicate directions for the development of social policy instruments in this area. Research limitations/ Future research: The phenomenon of self-harm is a very interesting process or moment in the life of the person who commits it. Although suicide has received a great deal of attention in the specialist literature, it still remains completely unexplored. The phenomenon itself touches the realm of the mysterious on the borderline between life and death. Hence the interest in it by many scientific disciplines. In statistical terms, the Polish Police collect detailed data on suicides. Research limitations in this area result from ethical and moral aspects of the issue, the lack of direct contact with the suicide's environment. The research results themselves are socially internalised and significantly influence the perception of reality. Technically, the use of research is not always morally acceptable. At the same time, research fulfils social needs and expectations for the creation of instruments to prevent suicide attacks.

Нарушения на транспорте по Уголовному уложению России 1903 г.

Purpose. Criminal legislation has the task of protecting the state system and social system, their individual structures and institutions. The peculiarity of the Criminal Code of 1903, regarding these tasks, is that it was adopted in an exceptional and special historical period of time. First of all, this circumstance is associated with the period of time that covered the development of criminal legislation during the 19th century, which was reflected in its system, structure and criminal law norms. Secondly, as noted in the preamble of the Criminal Code of 1903, it is adopted in the context of the ongoing state and social transformations, taking into account the requirements of new decisions. Significant changes related to the formation of criminal law provisions providing for liability for violation of the rules of management, use, maintenance and disposal of transport. It should also be noted that the Criminal Code of 1903 represented and was the basis for the development of criminal legislation of the new century, including criminal liability for transport crimes. Methodology: dialectics, abstraction, analysis, synthesis, deduction, — formal legal method, comparative law method. Conclusions. Firstly, the second half of the nineteenth century is characterized by the active construction of the transport system and its infrastructure; secondly, the need arose to form special governing bodies that were not previously provided for in the structure of government bodies of the Russian Empire; thirdly, the safety of traffic and operation of transport required full legal support for the management of the transport system; fourthly, the organization of transport traffic required the formation of institutions and employees for the training of specialized specialists; fifthly, the task of uninterrupted operation of the transport system and the movement of vehicles predetermined the need for systematic maintenance and repair of vehicles and transport infrastructure, sixthly, points/ stations for the formation of trains, loading/reloading of goods and boarding/transfer of passengers deserved to be formed and provided; seventhly, the need arose to form transport teams, determine for them the place and time of meals, rest and interchangeability, and then, as a necessary component of any activity, the function of monitoring the movement of vehicles, especially their technical equipment, was predetermined in order exclusion of accidents. Scientific and practical relevance. To specify the categories of the Criminal Code of 1903 under consideration in order to determine their meaning and place in the current national criminal legislation and in the science of criminal law. Use the results in the preparation of regulations providing for liability for encroachment on the safety of traffic and operation of vehicles, in a complex modern management system in the field of organization and operation of transport, especially in international and related areas, as well as in the educational process when training specialists in the field law enforcement.

О некоторых проблемах уголовно наказуемого уклонения как длящегося преступления на примере злостного неисполнения судебного акта (ст. 315 УК РФ)

In this article, through the prism of one of the decisions of the Constitutional Court of the Russian Federation, the problems of malicious non-execution of judicial act as a continuing crime are considered, in connection with which the issues of the criminal-legal significance of an unfulfilled duty in the structure of a continuing crime are analyzed, as well as determining the moment of the end of malicious non-execution of a judicial act. To this end, the theory of criminal law and judicial practice are studied. The author substantiates the conclusion that, contrary to the position of the Constitutional Court of the Russian Federation, the application of criminal law norms on evasion within the framework of the construction of continuing crimes entails a violation of the principle of prohibiting the repeated conviction of the guilty person for the same crime.

Анализ и оптимизация нормативно-правовой базы в области применения огнестрельного оружия сотрудниками полиции

The article analyzes the provisions of the key act in this area — the Federal Law “On Police”, concerning the grounds and procedure for the use of firearms by police officers, with a parallel appeal to criminal law norms regulating the circumstances, the identification of which levels the criminal nature of the act. Based on the practice of law enforcement, it is concluded that the key problem in this area is the assessment of the legality of the actions of a police officer when using firearms. Recommendations are proposed for improving and specifying the regulatory regulation of the conditions and procedure for the use of firearms by employees of the internal affairs bodies of the Russian Federation to give the missing certainty and clarity.

Temporal And Spatial Competition Of Criminal Law Norms In The Crime Classification Process

Overcoming the collision of criminal law norms is an important issue in the crime classification process. The principles of criminal law oblige to accurately investigate the criminal conduct and to impose an appropriate criminal liability against those who committed the crime. Addressing the issue, however, remains a rather complex matter due to a series of objective and subjective circumstances. The collision of criminal law norms is an encompassing phenomenon that is present in the entire process of the development of criminal law relations – from the fact of committing the crime to the removal or nullification of the criminal record. The objective of the following article is to comprehensively investigate the issues related to the temporal and spatial competition of criminal law norms within the scope of crime classification process. The subject of the study was examined with the use of general and special scientific methods, such as dogmatic, comparative legal, logical and legal modelling. On the basis of the conducted research the article presents practical-scientific recommendations related to the crime qualification process in view of competition of criminal legal norms that exist at different periods of time (temporal competition), as well as the competition of criminal law norms of the Republic of Armenia with foreign and international legal norms (spatial competition).

ON THE ISSUE OF CRIMINAL LEGAL REGULATION OF PRIVATE SECURITY AND DETECTIVE ACTIVITIES

The article analyzes the problems of criminal law regulation of the sphere of non-governmental law enforcement activities on the basis of scientific material, the provisions of current legislation and acts of judicial interpretation. The analysis is undertaken on the example of private security and detective activities through the prism of the corpus delicti provided for in Article 203 of the Criminal Code of the Russian Federation. The material construction of this corpus delicti is indicated. Attention is paid to the criminalizing and qualifying features of this corpus delicti. First of all, the author examines such signs used by the legislator to describe the consequences of this composition as significant harm (part 1) and grave consequences (part 2). Their evaluative nature and uncertain content are noted, requiring specification. In general, the author identifies a number of problematic and controversial issues of legislative regulation of this corpus delicti and the practice of applying relevant criminal law norms, and formulated proposals for their editing and correction

CRIMINAL LIABILITY FOR DRUG USE AND DRUG INTOXICATION

The article is dedicated to the study of criminally punishable actions related to narcotics and psychotropic substances (manufacturing, acquisition, possession, transportation, dispatch, etc.), which are committed without the intent to sell and defined in Part 1 of Article 309 of the Criminal Code of Ukraine as forms of the objective side. The authors drew attention to practical situations where a person attempts to ingest (swallow) a purchased narcotic or psychotropic substance in order to evade criminal liability under Part 1 of Article 309 of the Criminal Code. When ingesting such a narcotic substance in non-public places, there is no criminal liability under Ukrainian legislation; only the presence of a public place allows for the qualification of the person’s actions under Article 316 of the Criminal Code. Also, there is no criminal liability when a person is in a public or non-public place in a state of “narcotic intoxication.” In the authors’ opinion, these are shortcomings of the criminal legislation that require correction by supplementing the objective side of Part 1 of Article 309 with new forms related to “drug use” (in any location, not just public) and “being under the influence of narcotics”. Based on the research findings, the authors proposed to present the objective side of Part 1 of Article 309 of the Criminal Code of Ukraine in the following wording: “Illegal production, manufacturing, acquisition, possession, transportation, dispatch, or use of narcotic drugs, psychotropic substances, or their analogues without the intent to sell, as well as being under the influence of narcotics, are punishable by...”. The authors’ proposed amendment to Part 1 of Article 309 of the Criminal Code should function as a general criminal law norm regulating drug use in any location, while the existing Article 316, “Illegal Public Drug Use,” should remain a specific provision applied to cases of drug use in public places. In the authors’ opinion, expanding the content of the objective side in Part 1 of Article 309 by including additional forms will help ensure effective counteraction to drug-related behavior and will have a significant preventive impact on potential drug offenders.

Trends towards Improving Criminal Liability Measures in the Field of Illegal Circulation of Payment Instruments

The disposition of Art. 187 of the Criminal Code of the Russian Federation, a substantive analysis of its provisions was carried out from the point of view of certainty, the regulations provided for in it, as well as the consistency of the provisions formulated in the criminal law norm with the doctrine of criminal law protection of the legal circulation of means of payment. The work reflects the results of forensic investigative practice, indicating that the high degree of blanketness inherent in Art. 187 of the Criminal Code of the Russian Federation, can be considered as one of the circumstances influencing the insufficient certainty of the disposition of the article. The author confirms his position on the importance and relevance of precise and complete legal regulation of the field of information security for the information economy of the Russian state using the example of the provisions of the most important strategic documents. At the same time, the scope of application of Art. remains controversial to this day. 187 of the Criminal Code of the Russian Federation, the possibility of qualifying it in combination with other compounds, as well as the legal certainty of the disposition of the norm.

Measures to Counter Cruelty to Animals: Issues of an Inter-Sectoral Approach

Until recently, liability for cruelty to animals was provided for in Art. 245 of the Criminal Code of the Russian Federation. Administrative and legal measures for it were established in a number of constituent entities of the Russian Federation. The establishment of federal regulations governing the responsible treatment of animals has necessitated the establishment of these measures at the federal level. The problem was partly resolved in 2023 as a result of the addition of administrative legislation with rules establishing liability, including for the above acts. This article is devoted to the assessment of these norms, in connection with criminal law norms, with an emphasis on some problematic provisions that can cause difficulties at the level of law enforcement practice. They relate, in particular, to the subject of offenses, the content of the act, their subject, and the subjective side.