Criminal Law Prohibition Research Articles

Certain issues of responsibility for human trafficking under the criminal law of Ukraine and Poland

The purpose of the study is to analyze certain issues of responsibility for human trafficking under the criminal law of Ukraine and Poland, as well as to develop proposals aimed at improving the criminal legislation in the relevant part.
 The methodological basis of the research is the comparativist method.
 Results. The article proves that human freedom and dignity should be recognized as the object of human trafficking. The omission of the Polish legislator is that in the title of Chapter XXIII of the Special Part of the Criminal Code of Poland, unlike the title of Chapter III of the Special Part of the Criminal Code of Ukraine, human dignity is not mentioned.
 The article argues that it does not make sense to single out an independent article in the Criminal Code of Ukraine on responsibility for child trafficking, because the relevant actions may well be qualified under the current Article 149, which among the forms of human trafficking singles out human trafficking as such committed without the purpose of human’s exploitation. The problem of criminal legal countermeasures against child trafficking committed without the purpose of exploitation remains relevant for Poland. Possible options for its solution may include amendments to Art. 115 § 22 of the Polish Criminal Code or the inclusion to the criminal law of an independent article on responsibility for the specified offense.
 The opinion expressed in the legal literature about the expediency of completely refusing to indicate the methods of committing human trafficking should be recognized as unfounded. It is in view of deception, blackmail, being in a vulnerable state, etc., that a person gives his/her consent to the work offered to him/her, to engagement in prostitution, etc., and it is in view of this, and also in view of the purpose of further exploitation, that even his/her voluntary consent does not exclude criminal liability of the perpetrator.
 The article argues that indicating the purpose of exploitation allows to distinguish a criminal act from actions that are not criminally punishable. Persons who recruit, move, hide or transfer a person are, of course, primarily interested in the material benefit they wish to receive as a result of their actions. At the same time, they act in this way, realizing that the person recruited (moved, etc.) by them will be exploited by others in the future. The realization of the goal of exploitation lies outside the scope of human trafficking, and therefore human exploitation must be additionally qualified under other articles of the law on criminal liability.
 Conclusions. The article establishes that despite some differences in the wording of the criminal law prohibition of human trafficking the legislators of Ukraine and Poland have by now approximated their understanding of the essence of this act with its definition formulated in the Palermo Protocol and the Council of Europe Convention on Action against Trafficking in Human Beings.
 The analysis of scientific works devoted to the issue of human trafficking proved that many questions raised by Ukrainian and Polish researchers are identical. The solutions they offer are often similar too.

Formation and development of criminal liability for crimes infringing on fair competition

The subject of the study is the legal foundations of Russia's criminal law policy in the field of fair competition protection in their historical development, namely the sources of Russian legislation of the XVIII-XXI centuries, containing grounds for criminal liability for encroachments on fair competition, legal acts regulating competitive relations, as well as scientific research by scientists of the XIX-XXI centuries, including dissertations, scientific publications on aspects of legal regulation of competitive relations, criminal prosecution for encroachments on them.The purpose of the work is to identify the historically conditioned attitude of the Russian state towards encroachments on fair competition, their criminalization, penalization and differentiation of responsibility for their commission, systematization of crimes against fair competition, as well as to study the legislative technique used in the formulation of criminal law prohibitions. The main method of research was the historical method, which allowed us to study the genesis of domestic criminal legislation, which provided for liability for encroachments on fair competition. The logical, comparative method, the method of system analysis, and classification were also used. The main result of the work is the conclusion about the usefulness of taking into account domestic legislative experience in determining the criteria for criminalizing acts that infringe on fair competition, systematizing crimes against fair competition, methods and techniques for formulating criminal law prohibitions against their commission. The novelty of the research lies in the fact that the conducted analysis of domestic legislation can help in substantiating and making decisions of criminal and political significance in relation to understanding the system of crimes against fair competition, criminalization of socially dangerous acts directed against fair competition, their penalization, differentiation of responsibility for their commission, the application of existing criminal legislation and their improvement. The findings can be especially useful in legislative and scientific activities, as well as in the field of education.

Criminal responsibility for crimes against children in USA

Children require special legal protection, including criminal law protection, in all countries since they are one of the most vulnerable categories of population. Crimes against children inflict harm not only to victims but also affect further development of society as a whole. The US experience in the field of criminal law protection of children has significant specifics and is of scientific interest. The purpose of this paper is to identify and describe characteristic features of American criminal law in this area and its applicability in Russia. To reach the goal formal-legal, comparative-legal and other methods are used. American laws create legal duty to report acts that constitute child abuse. Failure to report constitutes crime. Statutes of several US states contain special chapters devoted to crimes against children. Parents or other caregivers may not inflict harm the child directly but also, by inaction, allow third party to do so. Such inaction is deemed a crime. Using reasonable force to discipline children is legal in the USA if the punishment does not inflict harm greater than transient pain and other legal requirements are met. Parents or other caregivers must control children and never leave them unattended at home if they are younger than state`s law or recommendations of state`s authorities prescribe. «Hot car» laws prohibit to leave children unattended in a vehicle if they have not reached the age prescribed by law. Violation of such duties is a crime in some cases. The applicability of such experience in Russia is analyzed for each criminal law prohibition. It is concluded that many rules of the US criminal law are redundant. The features that are of certain interest for our country have been identified and studied.

Prohibition of the glorification of the crimes condemned by the verdict of the International Military Tribunal of the European Axis Countries: problems of interpretation and law enforcement

The subject of this study is the criminal law prohibition of the approval of crimes condemned by the verdict of the International Military Tribunal of the European Axis countries. This act of glorifying of such crimes is an element of the objective side of the corpus delicti provided for in Article 354.1 of the Criminal Code of the Russian Federation. The methodology of the research consists of such methods as formal-legal, logical, systematic, as well as the method of analysis. The author emphasizes the importance of considering the aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the present crime is often committed in the Internet environment. Special attention is paid to such a feature of the subjective side of the crime as its goal: the author argues about the need to consolidate the goal as a constructive feature of the subjective side of the considered corpus delicti. The novelty of this study lies in the fact that this norm is analyzed in relation to the constitutional principle of freedom of speech. The author comes to the conclusion that in this matter it is advisable to be guided by part 3 of Article 55 of the Constitution of the Russian Federation, according to which constitutional rights and freedoms can be restricted only to the extent necessary to protect the constitutional foundations and ensure the security of the state.

Обусловленность уголовно-правового противодействия преступлениям с признаками экстремистской деятельности при обеспечении основ конституционного строя и безопасности государства

The article presents the author’s vision of one of the most pressing problems of modern criminal law and criminology – the conditionality of criminal legal counteraction to crimes with signs of extremist activity while ensuring the foundations of the constitutional system and the security of the state. The content of the concepts of «conditionality» and
 «counteraction» is revealed. It is noted that the eternity and social variability of crime are signs that are the basis for creating the entire springboard of criminal law response, including promising, in the field of countering criminal forms of behavior burdened with the motive of hatred or enmity. The terminological tools formed in the doctrine are presented, revealing the content of the conditionality of countering crime, through such categories as: «social conditionality», «socio-legal conditionality», «socio-legal conditionality». It is proved that any format of conditionality of countering crime is aimed at establishing legally significant circumstances proving the public danger of an act, which constitute the basis for making a state-governmental decision to establish a particular criminal law prohibition. Within the framework of the conducted research, it is proposed to use a broader, collective concept – «conditionality of criminal legal counteraction to crimes with signs of extremist activity that encroach on the foundations of the constitutional system and the security of the state», its content is disclosed..

Криминализация и декриминализация как инструменты социального контроля за лицами, совершившими преступление

Annotation: The relevanceof the research topic is determined by the complexities of modern trends in criminalization (decriminalization) within the framework of the emerging criminal law policy.
 Generalization of the approaches formed in the doctrine (and the positions of the authors) to the ongoing changes in the Criminal Code of the Russian Federation, expressed in the increase in the number of criminal
 law prohibitions and law enforcement practice, demonstrates the qualitative changes in the emerging prohibitions in relation to the designs of the relevant offences, sanctions, as well as the actually developing law enforcement practice in this area.
 The object ofthe study is social relations linking criminalization processes with the stage of the implementation of criminal punishment and other measures of criminal law nature and further individualized crime prevention.
 The aim of the study was to define the mechanism of criminalization (decriminalization) not only within the framework of criminal law prohibitions, but of further law enforcement practice as well.
 As a result of the study, the author states that there is a correlation between the trend towards the increase in the number of criminal law prohibitions with the simultaneous introduction of instruments to reduce the punitive potential of sanctions contained in the Criminal Code of the Russian Federation, as well as the practical reduction in the use of repressive measures. The partial use of measures of social control over the behavior of convicts as an instrument of private prevention is noted and the need to expand such means and their specification based on the characteristics of the crime committed and the personality traits of the criminal is pointed out.
 The findings can be used in the legislative process, as well as law enforcement practice when assigning and executing punishment and other criminal law measures.

(Un-)rape and involuntary manslaughter as examples of aberration of legal information in criminal law in Ukraine

The article examines the phenomenon of aberration (distortion of the content) of regulatory and legal information in the field of criminal law on the example of certain basic elements of criminal offences (Part 1 of Article 152 “Rape”, Article 119 “Manslaughter by negligence” of the Criminal Code of Ukraine), as well as certain wording, in particular, the use of perfect and imperfect verbs, focusing on related activities instead of a certain activity, etc. The author proves that the aberration significantly distorts the meaning of certain criminal law prohibitions, which grossly violates the principle of legal certainty as an integral part of the rule of law. To improve the current wording of Part 1 of Article 152 of the Criminal Code of Ukraine, which does not define rape as penetration, nor as an act aimed at penetration, but only an act related to penetration, it is proposed to set out its disposition in the following wording: “Committing vaginal, anal or oral penetration into the body of another person using any part of the body or object without the voluntary consent of the victim, or penetration into the body of any person by the genitals of a man without the voluntary consent of the latter (rape)”. The article substantiates in the relevant articles of the Special Part of the Criminal Code of Ukraine, in particular, part 2 of Article 150-1, part 1 of Article 238, part 2 of Article 296, part 3 of Article 314, part 5 of Article 321, part 4 of Article 321-1, part 2 of Article 353, part 1 of Article 365-2, Article 377, part 1 of Article 378, Article 379, Articles 398, 400, 434 of the Criminal Code of Ukraine, etc., the focus should be on a certain activity, but not on any other activity (tangential, adjacent, auxiliary, service, etc.). To improve the current wording of Article 119 of the Criminal Code of Ukraine, which provides for liability for “murder committed through negligence”, i.e., in fact, for intentional unlawful infliction of death to another person committed through negligence”, the following alternative options are proposed 1) toinclude an indication of the form of guilt beyond the direct definition of murder in part 1 of Article 115 ofthe Criminal Code of Ukraine, or 2) to replace the wording of the disposition of Article 119 of the Criminal Code of Ukraine from “murder committed through negligence” to “unlawful infliction of death to another person committed through negligence”. The previous proposal to replace certain imperfect verbs in the articles of the Special Part of the Criminal Code of Ukraine with perfect verbs, if they retain the status of a criminal offence with a material element, has been improved.

Criminal liability for the creation of a criminal organization and criminal community, as well as their leadership

The article is devoted to the study of actual theoretical and practical problems related to the most dangerous forms of the objective side of the crime provided for in Art. 255 of the Criminal Code of Ukraine, – the creation of organized criminal associations and their management.
 It has been established that the manifestations of the creation of a criminal organization and criminal community, as well as their leadership, can be different, depending on the purpose of these organized criminal associations, their structure, other individual characteristics and the environment of operation. A criminal organization can be created by one or several persons. At the same time, it is usually managed by two or more subjects, including the head of the structural unit. A person who created a criminal organization usually remains its leader until conviction, death or replacement by another leader. In addition to organizational and managerial functions, it usually commits crimes covered by the purpose of association, and therefore its actions require additional qualification according to the set of criminal offenses.
 It is argued that the management of a criminal organization does not cover the management of individual criminal offenses committed by its members, and requires additional qualification under the relevant part of the article containing grounds for criminal liability for these torts. Therefore, the management of a criminal organization or criminal community is primarily the management of their criminal activities in general.
 In order to eliminate discrepancies in uniform criminal law prohibitions, it is proposed to unify the provisions on the leadership of the structural part of organized criminal associations in the Criminal Code of Ukraine and its draft.
 Separation of the manager in Part 6 of Art. 255, as well as other articles of the Criminal Code of Ukraine (Part 5 of Article 110-2, Part 2 of Article 258-3, Part 4 of Article 258-5) was recognized as a mistake by the legislator, which needs to be resolved by amending the law on criminal liability.

The content and scope of the concept of «corruption criminal offense» in the criminal law of Ukraine

The article states that both in the doctrine of criminal law and in law enforcement practice, there are still unresolved problems related to the content and scope of the concept of «corruption criminal offense». After the introduction of the concept of corruption crime into the Criminal Code of Ukraine in the footnote to Art. 45 of the Criminal Code of Ukraine, scientific discussions have changed their emphasis on the analysis of the validity of the definition of the relevant concept in the form of an exhaustive list of crimes belonging to the elements of corruption; concentrated on the list itself, defined by the legislator, on its addition or, on the contrary, reduction. The purpose of this article was to generalize scientific positions regarding the content and scope of the concept of corruption criminal offense and to define on this basis the author’s definition of the corresponding concept.It has been established that the main vectors to which the scientific results of the studies covered in the special literature are aimed are three: 1) addition, expansion of the list defined in the footnote to Art. 45 of the list of corruption criminal offenses; 2) reduction, narrowing of such a list. The list of corruption criminal offenses, and it acts in this case as the scope of the concept of «corruption criminal offense», directly depends on the content of this concept. In this context, attempts to define the concept of corruption criminal offense using a certain set of features that characterize the two concepts that meaningfully make it up: «corruption» and «criminal offense» seem productive. Both of these concepts are normatively defined: the Law of Ukraine «On Prevention of Corruption» and Art. 11 of the Criminal Code of Ukraine contain relevant definitions.The article proposes to leave in the definition a list of «unconditionally corrupt» criminal offenses, the constitutive features of which are signs of corruption offenses: abuse of official position in the broad sense and the presence of unlawful gain as the purpose, object or means of committing the offense. Article should be excluded from the current version of such a list. 210 of the Criminal Code of Ukraine. However, this will not mean that an act that falls under this criminal law prohibition cannot be corrupt. It should be considered in the context of the second group of encroachments - corruption «under condition». When formulating the definition of this group, it seems worth abandoning an exhaustive list, indicating in the normative provision the signs of the actual composition of the encroachment.

Foreign experience of the constitutional and criminal law prohibition of torture

The subject of research in this article is the long-term experience of a number of countries of the modern world summarized by the author in the field of legislative regulation of criminal liability for torture in many of its manifestations. In addition, the relevant international legal provisions, which are the legal basis for combating torture in national legislation, acted as such. In particular, we are talking about the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Since the prohibition of torture is absolute, comprehensive and constitutional, which is reflected in a number of state constitutions, the subject of the study was the norms of the basic laws of a number of countries. The scientific novelty of the work lies in the fact that in the article, based on the analysis of the palette of legal definitions of torture existing in foreign law – from brief, reflecting only its main properties, to detailed, descriptive ones, the author's vision of the grounds for distinguishing between these definitions is determined, heterogeneous approaches to understanding how the object of torture, as well as its subject, to determine the place of this crime in the structure of the Special Part of Criminal Laws.

Significance of Non-Statutory Sources of Criminal Law When Evaluating an Act as Insignificant

Relevance. The correct solution of complex problems of law enforcement is facilitated by the appeal not only to legislatively fixed, but also to other sources of law. It is especially important to correctly determine the role of unofficial sources of law in the application of the criminal law, which is due to its exceptional position in the system of regulation of social relations, which are imposed on criminal law prohibitions by the requirements of clarity of expression, certainty of content and fairness. The theoretical and legal research needs a contribution to the content of the criminal law norms of other sources of law in determining the boundary between crimes of various types and administrative offenses, as well as in assessing the act as insignificant.The purpose of the study is the theoretical and legal analysis of the role of legally fixed and not fixed sources in the application of criminal law.Objectives of the research of the study include: substantiating the accounting and determining the role of sources of criminal law that are not legally enshrined in the qualification of crimes and the assessment of the act as insignificant.The research methodology is based on the dialectical general method, and also includes the methods of analysis, synthesis, induction, deduction, logical and system-structural.Results. On the example of the qualification of crimes and the assessment of acts as insignificant, the admissibility of referring to sources of law not formalized by law is argued, since they play a significant role in the process of criminalization and in the formulation of criminal law norms. The influence of the development of protected public relations and the modification of encroachments on the content of sources of law is shown. The importance of taking into account these processes for bringing both the criminal law itself and the practice of its application in line with the emerging socio-economic and political conditions is substantiated.Conclusion. When evaluating an act that formally contains signs of a crime, from the point of view of the possibility of recognizing it as insignificant, the appeal not only to the criminal law, but also to other sources of law, is due, firstly, to their retrospective role in the criminalization of acts, and secondly, to the dialectical connection of legal ideas with legal form and legal reality

Особенности формирования уголовно-правового воздействия на управление транспортными средствами в состоянии опьянения

State policy in the field of road safety is aimed at protecting the life, health and property of citizens and protecting the interests of society and the state by preventing road accidents and reducing the severity of their consequences. In searching for mechanisms to implement these goals, the legislator to the challenges in the field of road safety, which contribute to road accidents. The article examines the trends in criminal law responses to driving under the influence of alcohol. The criteria for criminalisation of an act under article 2641 of the Criminal Code of the Russian Federation are disclosed. The author focuses on the disclosure of public danger of the act, drawing attention to the existing shortcomings in law enforcement, as well as assesses the effectiveness of the application of Art. 2641 of the Criminal Code in solving the issues of road safety.
 Based on the results of the study, the author concludes that there is an effective potential of the criminal law prohibition of driving a vehicle while under the influence of alcohol by a person who has been subjected to administrative penalty or has a criminal record. The author proposes the introduction of amendments to the criminal law legislation, aimed at strengthening the measures of criminal law impact on persons operating a vehicle in a state of intoxication.

Liability for illegal execution of activities on provision of consumer credit (loans): current status and perspectives for improvement

Consumer lending services are among the most demanded in the financial market. The high socio-economic significance of the activities of entities providing consumer loans is increasing in the context of regional imbalances in the implementation of banking services and the focus of credit institutions on clients with a certain income and stable income. Solving the problems of the availability of financial services for citizens living in small settlements, as well as persons who cannot receive funds from credit institutions due to low income, negative credit history, lack of collateral, microcredit organizations increase the purchasing power of the population, maintain the standard of living socially vulnerable citizens, stimulate the country's economy, involving (through investment) low-income strata in economic processes, making tax payments. The increased requirements for professional lenders determined the expansion of the illegal financial services sector, supported by high consumer demand. In order to counteract the illegal activities of illegal creditors and protect the interests of consumers of credit services, the legislator established administrative and criminal liability.The analysis of the current norms, which provide for liability for illegal activities for the provision of consumer loans (loans), carried out in the course of the study, made it possible to identify technical and legal flaws in the content of Art. 14.56 of the Administrative Code and enshrined in 2021 Art. 171.5 of the Criminal Code.Having identified the problems arising in the implementation of Art. 14.56 of the Administrative Code in practice, the author proposes to exclude from the disposition of this norm the signs that specify the subject of an administrative offense (legal entity, individual entrepreneur). The inevitability of the liability of illegal usurers will be ensured by changing the approach to determining the moment when illegal professional activities for the provision of consumer loans (Art. 14.56 of the Administrative Code) are concluded from the date of the conclusion of the consumer loan agreement on the day the creditor submits executive documents for organizing the enforcement of court decisions on the collection of the corresponding debt.Having determined the disposition of Art. 171.5 of the Criminal Code casually, with a triple reference-blanketness, the legislator not only deviated from the rules of legal technique, but also disoriented the law enforcement officer in the content of the criminal law prohibition. The author substantiates the proposals to state Art. 171.5 of the Criminal Code in a new edition, excluding the name of the violated law and detailing the signs of the subject of the crime. As crimi-forming signs, the composition covered by Art. 171.5 of the Criminal Code, it was proposed to determine alternatively: the large size of consumer loans (loans) issued by an illegal lender (over 2 million 250 thousand rubles); administrative punishment of a person under Art. 14.56 of the Administrative Code.

Criminal liability for smuggling of «special»" items: legislative realities and perspectives (on the example of forest smuggling)

Purpose. Solving the issue of firstly, the expediency of singling out a separate rule on forest smuggling, and secondly, the correctness of its location among criminal offenses in the field of economic activity, which should further help to form scientifically based recommendations on the directions of development of legislation on criminal liability for smuggling “special” items. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. In particular, philosophical, general scientific and specifically scientific methods were used during the coverage of the relevant issues. For example, the method of system-structural analysis was used both in the study of the connections of the analyzed criminal law prohibition with the legal system of Ukraine in general, and with other norms of the Criminal Code of Ukraine. The comparativist method made it possible to compare relevant provisions of domestic and foreign criminal legislation. Based on the results of writing this article, recommendations were formulated aimed at improving the criminal legislation in terms of countering the smuggling of "special" objects, in particular the smuggling of forest. The scientific novelty is that it was proved for the first time that at the current stage of the development of criminal legislation, it is expedient to allocate a separate norm on smuggling of "special" items, which should be the regulation of liability for smuggling of wood. Practical significance. The conclusions and suggestions formulated in the article can be used in the rule-making activities for the improvement of the criminal legislation of Ukraine regarding countering the investigated criminal offenses, by the developers of the project of the new CC, as well as in scientific research activities and the educational process - as a basis for further scientific studies of the problems of criminal responsibility for committing smuggling.

Использование сети Интернет как обстоятельство, отягчающее наказание: цивилизационная трансформация или предрассудки прошлого?

Introduction. The paper discusses the current problems of modern criminal law concerning the introduction of some qualifying features that establish a special way of committing a crime on the Internet. The proposals aimed at introducing a new aggravating circumstance into Part 1 of Article 63 of the Criminal Code of the Russian Federation are substantiated: “the commission of a crime using information and telecommunication networks, including the Internet.” In this regard, the purpose of the study is the analysis of the impact of information technology on the stability of the development of society through the establishment of criminal law prohibitions. The question is raised about the goals and objectives of introducing new provisions of criminal law establishing enhanced criminal liability for crimes on the Internet. Methods. Using the comparative legal method of scientific research as the main one, the authors trace the development of theoretical and legislative ideas about the impact of information technologies on public relations, analyze controversial issues of modern criminal law science, clarify and correct previously formed positions on the need to introduce new elements of crime. Results. Based on the conducted research, the opinion is substantiated about the absence of a systematic approach in the formation of the norms of Articles 110 of the Criminal Code of the Russian Federation, 1281 of the Criminal Code of the Russian Federation, and 133 of the Criminal Code of the Russian Federation, taking into account the interpretation of the norms of the criminal law proposed by the authors. Conclusions. It is advisable to amend the Criminal Code of the Russian Federation by excluding the feature “using information and telecommunications networks, including the Internet” from the Special Part. In addition, to eliminate the contradictions caused by the provisions under consideration, Part 1 of Article 63 of the Criminal Code of the Russian Federation should be supplemented with “the use of information and telecommunication networks, including the Internet.” The authors conclude that the new sign of crime slows down the civilizational transformation of criminal law norms, which does not allow timely responses to the challenges of modern reality.

Moral Categories in Russian Criminal Law

The paper studies the forms of interaction between criminal law and moral ethical prescriptions as two systems that regulate the behavior of subjects of public relations. The study made it possible to establish that at present there are five main forms of implementation of moral and ethical categories in the criminal law of the Russian Federation. First, the norms of morality are embodied through the institution of the principles of criminal law. Analyzing the principle of justice, the author describes in detail the relationship under study. Secondly, certain moral prescriptions have been transformed into criminal law prohibitions and are currently legitimized in the dispositions of the Criminal Code of the Russian Federation. Particular attention is given to the historical transformation of the moral and ethical norm into the norm of the criminal law. Thirdly, the criminal law directly protects public relations regarding public morality and morality, which is enshrined in Ch. 25 of the Criminal Code of the Russian Federation. Fourth, the assessment of the morality (immorality) of the behavior of victims of individual crimes affects the classification of crimes and the imposition of punishment. The materials of investigative and judicial practice are considered, in which law enforcement agencies assessed the immoral behavior of crime victims. Fifthly, the relationship between moral and ethical standards and the system of criminal law is found in the fact that almost all existing criminal law prohibitions were socially and historically determined by the requirements of morality and ethics. At the same time, it was established that there are both purely moral criminal law prohibitions, such as prohibitions on appropriation of someone else’s property or deprivation of life, and criminal law prohibitions based on morality, but significantly modified in the course of social development (crimes in the field of economic activity, computer crimes and others).

Social conditioning and grounds for criminalization of violations of the procedure for carrying out the international transfer of goods which are the subject to state export control

The paper emphasizes that violation of the procedure for international transfers of goods subject to state export control directly threatens the national security of the state itself. The criteria that serve as a measure of the social conditioning of the criminalization of violation of the order of international transfers of goods subject to state export control have been determined. Groups of factors influencing criminalization are identified. A literature review of the grounds of the criminal law prohibition, which serve as objective prerequisites for its establishment, was carried out. The position regarding the impracticality of considering a criminal offense provided for by Art. 333 of the Criminal Code, as an international convention. It was determined that the social conditioning of the criminalization of violations of the order of international transfers of goods subject to state export control is based on society's assessment of the act as criminal, that is, one characterized by such a degree of social danger that only criminal liability is the appropriate legal consequence public danger of this act. The public danger of violating the order of international transfers of goods subject to state export control is not only in weakening the national security and defense capability of a certain state, but also has an international character. It cannot be claimed that the criminalization of the violation of the order of international transfers of goods subject to state export control is a consequence of Ukraine's obligations under the international treaties it has ratified, since this conclusion will be justified only in the case when we are talking about the Convention on the prohibition of development, production, stockpiling and use of chemical weapons and on their destruction, Art. VII of which clearly provides for the establishment of criminal liability for acts prohibited by this convention. Criminal violation provided for in Art. 333 of the Criminal Code, cannot be considered as an international convention, since the criminalization of violation of the order of international transfers of goods subject to state export control is not a consequence of Ukraine's obligations under international treaties ratified by it, with the exception of certain acts defined by the Convention on the Prohibition of Development, Production, accumulation and use of chemical weapons and their destruction.

Modern Rule-Making as the Basis for the Formation of a New Theory of Criminalization

Modern society is undergoing a period of transformation that affects all fundamental spheres, including the sphere of criminal policy and criminal law. The state of instability and uncertainty of social development is reflected, among other things, in the fact that the practice of current rule-making in the field of constructing criminal law prohibitions often demonstrates a clear contradiction to the rules and principles of criminalization that have developed in the domestic legal doctrine at the turn of the 20th and 21st centuries. This phenomenon receives a predominantly negative assessment in the scientific literature. Without denying the substantive criticism, at the same time, it is necessary to raise the question that the steady nature of deviations from the usual standard rules of criminalization indicates the gradual formation of a new theory of criminalization, the contours and content of which have not yet been recognized by science to the proper extent. Based on the study of the materials of the legislative process, the authors substantiate the idea that the modern practice of criminalization is based on a coherent system of doctrinal ideas that go back to the theory of psychological coercion of criminal punishment, the theory of criminal education of the individual, the theory of legal moralism, the theory of preventive criminalization and the theory of social constructivism. In their unique configuration, these theoretical concepts constitute a coherent doctrine that allows for the free, unrestricted construction of criminal law prohibitions in order to ensure the safety of the process of social transformation from any minimum possible and potential threats. It is possible to achieve that by means of the formation and maintenance through the threat of criminal punishment of the necessary moral status of individuals and the moral solidarity of society based on the values that are meaning-forming actors of social transformation.

Public danger and criminalization in the system of security measures

Subject of research: the article deals with the issue of the essence of public danger and its significance in the process of criminalization of public relations. The vectors of criminalization development are outlined.
 Purpose of research: to determine the criteria for criminalization of public relations in the system of measures of criminal legal influence in the structure of criminal law and the prospects for their further improvement.
 Methods and objects of research: the study used traditional methods of socio-legal and formal dogmatic analysis: documentary, historical and legal, analytical, systematic, logical.
 Main results of research: according to the results of the study, the author states that the criminal law of the classical type is being replaced by the criminal law of the utilitarian type, where the concept of crime is associated with causing harm, and public danger plays an auxiliary function. In the system of security measures, the public danger of an act does not form a criminal law prohibition. Criminalization is based on the element of expediency. The transformation of the subject and method of criminal law leads to the fact that the idea of security, which currently dominates the criminalization of public relations, determines the construction of preventive criminal law.

Biological Weapons as an Object and Means of Committing Crimes

The article presents a study on the actual and topic of criminal law protection of biological safety of the Russian Federation. A brief description of biological weapons as an object and means of criminal encroachment is given, examples of the evaluation of this concept by the scientific community are given, the problems of establishing criminal liability for the use of this type of weapon or its components as a means of committing crimes are analyzed. Legislative formulations of criminal law prohibitions of acts committed with or with the use of biological weapons are compared with a doctrinal approach to clarifying their content, attention is drawn to the need to change the prevailing interpretation of the provisions of part 2 of Article 356 of the Criminal Code of the Russian Federation, it is noted that the legislator does not always take into account the increased danger of dangerous biological materials used in the commission of a crime. As a result of the study, it is concluded that modern legislation regarding the application or use of various biocomponents needs to be improved.