Criminal Law Regulation Research Articles

The purpose of the crime: the criminal-legal significance and correlation with the motive

The subject of the study is the norms of Russian criminal legislation containing the objectives of the crime, materials of judicial practice, as well as scientific works of scientists dealing with the issues of the criminal legal significance of the purpose of the crime and its correlation with the motive. The purpose of the study is to formulate scientifically based conclusions regarding the criminal legal significance of the purpose of the crime and its correlation with the motive. Research methods: the research is based on the dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis, induction and deduction. The object of the study is public relations in the field of criminal law regulation of the purpose of the crime. The main results of the study: the purpose of the crime is a complex category, which is revealed in three meanings. The conclusion is substantiated that the purpose of the crime is an indicator of the social danger of the crime and the identity of the perpetrator, and therefore acts as a means of differentiation and individualization of criminal responsibility. Theoretical conclusions on the correlation of motive and purpose are formulated. The correct definition of the purpose of the crime contributes to the most accurate qualification of the deed, the definition of penalties or other measures of criminal legal impact. In addition, the definition of a goal can help to establish the determinants of criminal behavior, helps to investigate the personality of the offender in the most depth and develop measures to prevent individual crimes.

Criminal Prohibitions when Using Mobile Applications

The article summarizes interim results of a research performed under the project of the Russian Science Foundation focusing on criminal law risks of using mobile applications. These risks can be of two types: the risk of being held criminally liable and the risk of being victimized by the criminal activities of others. The second type of risk is better defined because it is addressed in the context of preventing crimes committed using information and telecommunications networks or in the field of computer information in general. The first one implies not only situations when a user intentionally causes harm through a mobile application, but also cases where people do things, the public danger and wrongfulness of which is not obvious to them. Such persons usually have no desire to violate criminal law but do so failing to understand the unlawfulness of their actions due to the specific environment and technological features. Therefore, the ultimate goal of this project (at the next step) is to ensure safety of mobile application users, including inadmissibility of their unjustified criminal liability, through the development of recommendations on the rules of behavior when using relevant technologies. The purpose of the work within the framework of the presented scientific article is to determine the state of use of mobile applications (characteristics of mobile Internet culture) and those criminal law regulations that may be consciously or unconsciously violated by users of mobile applications. To achieve this goal two sociological surveys were conducted among users of mobile applications to determine how they use their mobile devices. The provisions of the criminal law and the materials of criminal cases were analyzed in order to understand what crimes can be committed by users of mobile applications who actually did not want and did not understand that they were violating the criminal law.

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

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

Peculiarities of the legislative model of the criminal law prohibition of smuggling

The article is devoted to the study of the peculiarities of the legislative model of criminal prohibition of smuggling. It is stated that the emergence of new and modernization of existing methods of smuggling is due to the correlation of the State’s customs policy in connection with the full-scale invasion of the Russian Federation and the introduction of the legal regime of martial law. The purpose of this article is to provide a systematic analysis of the amendments and additions made to Section VII of the Special Part of the Criminal Code of Ukraine in terms of criminalization of smuggling, to determine their effectiveness and expediency, and to formulate scientifically sound recommendations for improving criminal law regulation of social relations related to smuggling. The author establishes that the main factors which influenced the process of recriminalization of commodity smuggling are: an increase in the number of manifestations of smuggling of goods and their unreliable declaration; a decrease in revenues to the State Budget of Ukraine; stimulation of unfair competition; entry of products of inadequate quality into the domestic market; an increase in the shadow economy in the public sector; criminalization of smuggling of goods in certain EU countries; ineffective application of administrative liability measures. The author analyzes the need to strengthen criminal liability for commodity smuggling at the level of the European Union as a whole. The author elucidates the approaches available in the criminal law doctrine to solving the problems associated with the introduction of criminal liability for commodity smuggling. It is substantiated that in case of any change in the system of current criminal legislation, it is necessary to justify this type of rulemaking, i.e. to assess the admissibility and appropriateness of a criminal law novelty. The author emphasizes that it is inexpedient to distinguish criminal law provisions on smuggling by the type of subject matter. The author concludes that the model of criminal legal prohibition of smuggling chosen by the legislator determines the differentiation of criminal liability, and at the same time is a manifestation of the shortcomings of legislative technique, since it gives rise to the emergence of legislative models of smuggling with different objects of criminal legal protection.

Theft in the Family Context: An Analysis of Article 367 of the Criminal Code and its Application in Indonesia

This study aims to explore the regulation and implementation of family criminal law regarding theft cases within a family context from the perspectives of Indonesia Criminal Codes (KUHP) and the theory of jarimah of the Islamic criminal law. By employing a descriptive qualitative method with a literature review approach, the research analyzes legal sources and relevant literature. The findings reveal that theft is generally regarded as a common crime. However, in specific contexts, such as theft occurring within a family setting, special provisions outlined in Article 367 of the KUHP. This article classifies family theft as a complaint offense (klacht delict), meaning it can only be prosecuted if there is a complaint from the aggrieved party. The study underscores the importance of thoroughly understanding the characteristics of family theft and its implications for the criminal justice system. It also highlights the need for further evaluation of the effectiveness and application of this law in the Indonesian family context, incorporating insights from the theory of jarimah in Islamic criminal law.

Kepastian Hukum Transaksi Dengan Menggunakan Mata Uang Dinar Dan Dirham Dalam Pendekatan Hukum Pidana Di Indonesia

Legal certainty related to transactions using Dinar and Dirham currencies in the criminal law approach in Indonesia. Based on Law No. 7 of 2011 on currency, Rupiah is the only legal tender in Indonesia. The use of currencies other than Rupiah, including dinars and dirhams, is not legally recognized and has the potential to violate criminal provisions, such as those related to fraud or forgery. However, this phenomenon also involves social and cultural dimensions, especially in communities based on sharia economics, where dinars and dirhams are considered as means of transaction that are more in line with Islamic principles of justice and ethics. Overly repressive law enforcement can generate resistance in society, so more inclusive legal reforms and adjustments are needed. By promoting dialogue and collaboration between policy makers, business actors, and the community, it is expected to create a legal system that is fair and responsive to social needs and is able to maintain legal stability in Indonesia . From the research results, the transfer of receivables by Cessie by the creditor in the event that the debtor fails to pay the third party mortgage guarantee does not comply with the applicable provisions as regulated in Article 613 of the Civil Code and Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights. Form legal protection for third parties by filing a lawsuit before or during the execution process. The government, stakeholders and related parties are expected to make changes to Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights over Land and Objects related to Land, by accommodating third party protection which is explicitly regulated in guaranteeing rights to land, these regulations do not clearly regulate the rights and obligations of third parties so they cannot provide legal protection for collateral owners. The results of this study that legal certainty related to transactions using dinars and dirhams, as done by Zaim Saidi, in the approach of Indonesian criminal law is a violation of Article 9 of Law No. 1 of 1946 on Criminal Law regulations in conjunction with Law No. 7 of 2011 on currency. Enforcement of these transactions can be carried out through the application of criminal sanctions, since the use of currencies other than Rupiah for payment purposes is not justified by law. In addition, the low legal awareness of the public in using the Rupiah as a legal tender also became an important factor in this case.

The development of Soviet penal prohibitions during the Great Patriotic war

The paper covers the study of criminal law regulation during the Great Patriotic War in the historical and legal context. The purpose of the work is to form scientifically substantiated knowledge about the features of the development of the system of penal prohibitions in Soviet law during the Great Patriotic War. Based on the constructivist paradigm, the authors study the process of transformation of penal prohibitions in wartime, highlighting the role of not only legislative but also executive and judicial bodies in this process. The conducted study allowed concluding that the transformation of criminal law regulation equally affected the general and special parts of this branch of law. However, the changes were caused both by the needs of martial law and by the transformation of criminal law shortly before the war, which was associated with the proclaimed by the Constitution of the USSR of 1936 transition to regulating this branch of law not at the republican, but at the all-Union level. In the legal doctrine and the general part of criminal law, the changes concerned primarily the criminalization of civil and labor relations, the expansion of the limits of criminal law regulation, in particular the emergence of new objects of criminal defense, and the clarification of the list of special subjects of criminal law for whom increased measures of criminal liability were established. With regard to the special part of criminal law, the changes were more specific in nature due to the need to mobilize all material and human resources to defeat the enemy and ensure law and order and public safety.

The Criminal Code of Mongolia. The General Part. Crime

Introduction. In a number of positions, the Criminal Code of Mongolia is recognized as more progressive than the Criminal Code of the Russian Federation. Therefore, it is no coincidence that there is a noticeable increase in the number of publications devoted to legislative decisions of the Criminal Code of Mongolia, which are of undoubted interest in scientific discussions on key criminal law issues.General provisions. The Criminal Code opens with Chapter 1 "General provisions", which sets out the goals, principles of the criminal legislation of Mongolia, the rules of its operation in space and time. The Criminal Code of Mongolia enshrines only three principles: legality, justice and guilt. The law explicitly states that it is not allowed to bring a person to criminal responsibility for opinions or beliefs. The issue of the time of commission of ongoing and ongoing crimes has been resolved. The rules on the statute of limitations of a crime have been moved to this chapter.Crime. The foresight of an act in the criminal law is called an indispensable condition for the recognition of an act and omission as criminal, and, in particular, a careless act. The concepts of a continuing crime and an ideal set of crimes are revealed. Only two categories of crimes are fixed: serious and minor. The form of guilt for the purposes of categorization of crimes in the Criminal Code of Mongolia is insignificant. The very forms of guilt (intent and negligence) are named in art. 2.3. At the same time, intent is not divided into types. TheCriminal Code of Mongolia defines the concept of damage and harm caused by a crime. The chapter ends with the regulations on the unfinished crime.Complicity. It is noteworthy that the form of guilt of the crime committed is not specified in the law. A mediocre performer is a person who has committed a crime by using not only a person who has not reached the age from which criminal responsibility begins, an insane person, but also other persons who have not committed a crime in complicity with the perpetrator and do not realize that a crime is being committed, or livestock or other animals. The perpetrator of a crime is also recognized as a person who inclines another person to commit a crime under the influence of physical or mental coercion.Circumstances precluding the criminality of the act. This institution has found regulation in Chapter 4 of the Criminal Code. It can distinguish significant differences from the Russian Criminal Code in regulating necessary defense, extreme necessity, coercion, reasonable risk, and execution of an order.The procedure, grounds for criminal prosecution and exemption from criminal liability. Chapter 6 contains regulatory requirements that define: (1) signs of the subject of the crime – an individual; (2) general rules for bringing to criminal responsibility and (3) special rules for sentencing; (4) rules for exemption from criminal liability and punishment.Liability of legal entities. Chapter 9, which closes the General Part, is devoted to their responsibility, which defines the grounds for bringing legal entities to criminal responsibility; types of criminal liability; guarantees of its inevitability. The basis for the imposition of punishment is the sole or joint decision of authorized officials representing a legal entity, or actions or omissions committed in the interests of a legal entity that contain signs of an appropriate corpus delicti.Conclusions. Modern Mongolian criminal legislation, while maintaining continuity and honoring legal and cultural traditions, has a qualitative originality. The normative prescriptions proposed in it are of interest to Russian criminal law science and the legislator. Undoubtedly, the experience of Mongolian criminal law regulation can and should be taken into account by the domestic legislator.

Research on the Path of Criminal Law Regulation for the Protection of Data Legal Interests

Research on the Path of Criminal Law Regulation for the Protection of Data Legal Interests

The Criminal Offence Of Corruption Of Village Funds (Analysis Of Medan District Court Decision No. 59/Pid.Sus-Tpk/2019 /Pn Mdn)

This research aims to provide an understanding of the legal aspects of Village Fund Corruption. In detail, the objectives to be achieved are to analyze the Legal Regulation of the Crime of Corruption of Village Funds, the process of supervision of Village Funds in an effort to prevent Corruption Crimes in Batu Bara Regency and the Legal Considerations of Judges in Issuing Verdicts on Corruption Crimes of Village Funds in the Decision of the Medan District Court No.59/Pid.Sus-TPK/2019/PN Mdn.This study uses a statutory approach and a case approach in its normative juridical research methodology. The results of the study show that the Criminal Law Regulation on the Crime of Corruption of Village Funds, is contained in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, especially articles 2 and 3. The mechanism for monitoring village funds requires the involvement of all parties, namely the village community, the Village Consultative Body (BPD), the Government Internal Supervisory Apparatus (APIP), and related OPDs. The judge's decision is very important, because in it there is a value that can be in direct contact with human rights. In principle, only the judge's decision that has permanent legal force can be implemented. A decision can be said to have permanent legal force if it is issued through an open and transparent trial and no other legal remedies are submitted. Regulation of Village Fund Corruption is regulated in Law Number 31 of 1999 jo Law Number 20 of 2001 concerning the Eradication of Corruption Crimes articles 2 and 3. In carrying out the supervised supervision of village funds, the involvement of all parties is needed, and the judge's decision is very important, because in it there is a value that can be in direct contact with human rights.

The current state of domestic legislation in the field of turnover of digital currencies and digital assets and law enforcement issues in the criminal sphere

The article analyzes the provisions of Federal Law No. 259-FZ dated 07/31/2020 «On Digital Financial Assets, Digital Currency and on Amendments to Certain Legislative Acts of the Russian Federation» regarding the legal regulation of the circulation of digital currencies, including issues of law enforcement in criminal proceedings. Based on the study of such concepts as «digital currency», «digital ruble», «issue of digital currency», «turnover of digital currency», «cryptocurrency», their disadvantages are noted. In general, the adoption of Law No. 259-FZ did not lead to the creation of a full-fledged system of legal regulation of the circulation of digital currencies, its provisions are fragmentary and largely controversial, and judicial practice is not uniform in cases related to the circulation of digital currencies (cryptocurrencies). The article highlights controversial issues arising in law enforcement practice related to the criminal law regulation of the digital economy. It is noted that to date, there has not yet been a clear definition of either digital currency or cryptocurrency as the subject (means) of a criminal act. It is obvious that the recognition of digital currency as property under criminal law will expand the list of crimes in which virtual currency can be the subject of a crime.

Changes in the Interpretation of the Criminal Law by the Supreme Court of the Russian Federation: Factors, Consequences, Risks

Problem statement. The problems of the evolutionary interpretation of the criminal law in the scientific literature are practically not given attention. At the same time, the practice of significantly correcting the interpretative positions of the Supreme Court of the Russian Federation forces us to conceptualize this problem as an independent object of scientific analysis. Aims and objectives of the research. The purpose of the work is to develop the theory of interpretation of the criminal law by analyzing the factors influencing the change in the position of the highest court on the interpretation of the criminal law, as well as by investigating the mechanisms necessary to deter dynamic interpretation. Methods. The work is based primarily on the use of a documentary method of researching materials of judicial practice and a critical analysis of scientific literature. Results. Based on the study of the materials of the practice of the Constitutional Court of the Russian Federation, practice-forming documents of the Supreme Court of the Russian Federation, current judicial practice and scientific sources, the following are presented: (a) factors influencing the dynamics of the position of the Supreme Court of the Russian Federation on the interpretation of criminal law; (b) factors allowing to predict changes in the dynamics of the legal position; (c) risks arising in connection with changes in acts of interpretation. Brief conclusions. The dynamics of the legal interpretation positions of the Supreme Court of the Russian Federation is influenced by at least four groups of factors: the constitutional and legal meaning of criminal law regulations identified by the Constitutional Court of the Russian Federation; changes in the socio-political course implemented in the country; the needs of law enforcement practice changing under the influence of new criminal challenges; the development of scientific ideas about the content of criminal law. These factors, acting individually or together, may determine a change in the approach of the highest court to understanding the criminal law. However, such changes, no matter how necessary they are, must have an important quality of predictability so that the dynamics of the interpretation of the law does not undermine the beginning of stability of criminal law regulation. The risks of instability of legal regulation when changing the interpretation of the law must be overcome by a reliable monitoring and forecas­ting system so that these changes contribute to the development of law and the effective achievement of the objectives of the criminal law.

Instrumental and legal nature of early release on parole from serving a sentence

The article is devoted to the study of the peculiarities of the content of early release on parole as a comprehensive criminal law remedy. It is stated that the functional purpose of conditional early release on parole from serving a sentence is to achieve the goals necessary for society. From the point of view of the instrumental theory of law, it is determined that early release on parole from serving a sentence constitutes a specific system of criminal law means by which the goals of criminal law regulation are achieved. According to the information and psychological orientation, such legal means are divided into stimulating and restrictive. It is found that legal facts, subjective rights, legitimate interests, benefits and incentives are the forms of manifestation of legal means-incentives. It is substantiated that legal incentives, directly orienting an individual to achieve beneficial consequences for him/her, are the most powerful incentive factor, and their application in the case of early release on parole from serving a sentence may be associated with both ordinary lawful behavior which does not exceed the general requirements and excessive performance of duties by a convicted person and is expressed in the form of elimination of restrictions determined by the criminal sentence applicable to a convicted person. The article emphasizes that legal remedies-restrictions are associated with unfavorable conditions for realization of interests of subjects, are focused on negative legal motivation and reduction of negative activity of subjects of law, and their forms of manifestation are legal facts, prohibitions, suspensions, legal obligations, penalties, etc. A legal restriction on early release on parole from serving a sentence is a prohibition in the form of a passive legal obligation of a convicted person not to commit any new criminal offense during the unexpired part of the previously imposed sentence. It is generalized that legal means-incentives and legal means-restrictions should be considered in an inseparable interrelation, since they are paired legal categories, i.e., internally dialectically interrelated and mutually supporting each other in the process of criminal law regulation. Thus, the author concludes that the instrumental and legal nature of early release on parole from serving a sentence as a complex criminal law tool is dialectically complex, since it combines directly opposite and at the same time internally unified criminal law means of influencing social relations.

형사실체법에서 법익개념과 피해자의 지위 - 해악의 원칙: 형사입법의 제한에 피해자는 기여하는가?

The principle that there is no crime without legal interest to protect serves to set the limits of criminal legislation. In such a theory centered on the legal interest, it is not known what function the victim performs in the criminal law. However, in the criminal law regulations protecting individuals, the victim's traces appear in that the person attributing legal interests is the victim, and it is not an active marker of the criminal law. Here is looked at whether the areas that are difficult to solve with the theory of legal interest can be supplemented with the principles of common law system. The “Harm to Others Principle,” which the state sees as the most legitimate purpose of restricting individual freedom to prevent acts of harm to others, presupposes the existence of the victim. Next, Offense theory is a theory that the state's penal intervention becomes possible when the infringement of an individual's special feelings is accepted as a serious infringement beyond the subjective tendency, unlike the moral or ethical violation as a common behavior of a community. While debating whether personal legal interests and ecological or functional- human-centered legal interests should interpret legal interests centered on human interests or expand them beyond that, it was confirmed that the principle of harm and its derivative principle could be solved simply but more clearly. If the principle of harm is accepted, the victim can be determined in any way and the criminal substance law can be restricted centered on the victim, because it can have the effect of limiting the area of crime through crimes of harming interests by determining the category of harm. On the other hand, it was also examined that while the existence of the victim may perform a systematic critical function of restricting criminal legislation on the one hand, there is a concern that excessive crime may be expanded by interpreting and expanding the existing criminal constituent requirements in interpretation centered on the victim. Of course, even if the principle of harm is accepted, judgment based on an individual's subjective emotion of pleasure or displeasure still cannot be a complete solution in that there is a concern of arbitrary interpretation. This paper would be liked to terminate without concluding what is reasonable. Instead, would like to replace the conclusion with the effect that it is necessary to rethink the basis of “what” criminal law should be legislated clearly.

Проблема статуса контролирующего лица как квалифицирующего признака применительно к составу неправомерных действий при банкротстве

Abstract. The article examines the issue of recognizing a person as a controlling debtor through the lens of the prejudicial nature of facts established in arbitration proceedings in bankruptcy cases, with regard to the criminal offense of illegal actions in bankruptcy (Article 195 of the Criminal Code of the Russian Federation). A doctrinal analysis of the provisions of current judicial practice has revealed a discrepancy between bankruptcy law and criminal law approaches to the same legal category – the status of a controlling person of the debtor. Since, in the context of criminal law, the status of a controlling person may lead to more severe liability, bankruptcy presumptions, such as the presumption of the status of a controlling person due to the receipt of benefits, cannot be applied in criminal law regulation. This is due to the fact that, according to the systematic interpretation of the provisions of the Criminal Code, the strengthening of the responsibility of the controlling person is conditioned by the hypothetical possibility of real disposal of the debtor’s property, which is not always the case with bankruptcy presumptions.

Criminal Law Regulation and Conviction Standards of Cyber Violence: Taking the Crime of Cyber Insult and Defamation as an Example

With the advent of the Internet era, interpersonal communication in real space has gradually spread to cyberspace. Whether the legal regulation of real space should follow and restrict the behavior norms of virtual space has become an important issue discussed by the academic community. Although civil law and other laws have certain regulations on the cyberspace, it is not enough to rely solely on general laws such as civil law to limit the escalating problem of online violence in cyberspace. Therefore, discussing the intervention of criminal law has become of utmost importance. Due to the ease of making comments in virtual spaces, as well as the large number of people and a mix of good and bad, the phenomenon of insult, defamation, and wanton abuse is the most widespread. Therefore, online insult and defamation has become a typical manifestation of online violence. The provisions of China's criminal law on the crime of online insult and defamation are still relatively broad and lack specificity, which brings certain difficulties to judicial practice when facing serious consequences of online insult and defamation. By exploring the criminal law regulations and conviction standards for online violence, using case analysis and comparative research methods, the criminal law rules for online insult and defamation can be further refined, effectively punishing and timely preventing online insult and defamation, purifying the online environment, safeguarding the rights and interests of netizens, and promoting the further development of criminal law in virtual space.

Sources of specification and interpretation of the prescriptions of a special part of Russian criminal law

The article examines the system of formal sources of Criminal Law, which, during consideration and analysis, is thought of as a set of forms of expression of criminally relevant information, differentiated depending on the content of information, subjects of its presentation, purpose in the mechanism of criminal law regulation and clearly falling into two related groups: related to the criminal law prohibition in as a whole and to the composition of the crime. As the main conclusion, a system of formal sources of a Special part of Criminal Law is proposed, consisting of two groups of acts: a) normative acts, which are represented by sources of establishing a criminal law prohibition (the Criminal Code and the code of responsibility for criminal acts of a low degree of danger) and sources of specifying the prohibition (resolutions of the Government of the Russian Federation and resolutions of the Plenum of the Supreme Court of the Russian Federation); b) non-normative acts, which are represented by sources of non-mandatory (doctrinal documents, acts of unauthorized state bodies, rulings of the Supreme Court of the Russian Federation) and mandatory (decisions of the Constitutional Court of the Russian Federation and decisions of the Presidium of the Supreme Court of the Russian Federation) interpretation.

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

Ratifikasi Statuta International Criminal Court Dalam Penegakan Hak Asasi Manusia di Indonesia: Perlukah?

The prosecution of serious human rights violations in Indonesia is complemented by special courts. These courts are ad hoc and can try cases of past serious human rights violations. By ratifying the Rome Statute, Indonesia will become a state subject to the jurisdiction of the International Criminal Court. However, this feature of subordination is not absolute, but rather complementary. The aim of this research is to determine aspects of serious human rights violations in international law as well as the effectiveness of the implementation of international criminal law in the human rights justice system in Indonesia. The research method is normative law using secondary data with a conceptual approach. The research results show that serious human rights violations in international law can take into account the objectives of international criminal law regulations as well as Indonesian criminal law regulations. These are issues that affect the interests of security, order and peace of the international community and humanity in particular. The International Court of Justice has jurisdiction limited to the most serious crimes of concern to the international community as a whole. Under the Rome Statute, the Court has jurisdiction over serious human rights violations. However, Indonesia has not yet ratified the Rome Statute, due to differing views on how it should function and differing understandings of human rights violations.

Державна зрада і диверсія: кримінальна відповідальність в умовах воєнного стану

The article analyzes the changes to the Criminal Code of Ukraine introduced during martial law in connection with russia’s armed aggression against Ukraine. The needs and reasons for changes to the criminal legislation, which provide for harsher punishments compared to peacetime, are substantiated: the change in the social danger of crimes, the need to strengthen prevention, and ensure justice. Proving the extreme relevance, effectiveness and significance of changes to criminal legislation under martial law: relevance (crime under martial law has its own characteristics and requires special countermeasures, changes to criminal legislation take these characteristics into account and are aimed at effectively ensuring public safety), effectiveness (research shows that harsher punishments have a deterrent effect on crime, increasing the severity of punishment for some categories of crimes under martial law has led to a decrease in the number of these crimes), significance (changes to criminal legislation are important for protecting the rights and freedoms of citizens, guaranteeing they demonstrate the state’s intolerance of crime and its determination to protect its citizens in the difficult conditions of martial law). With the introduction of martial law, criminal legislation did not respond to the new situation and was not adapted to it. The current Criminal Code did not contain responsibility for many offenses during the wartime and was unable to respond to new challenges and threats. Therefore, the Verkhovna Rada of Ukraine, taking into account changes in social relations and the need to protect state sovereignty, territorial integrity and fundamental human rights, adopted a number of legal acts aimed at eliminating gaps in criminal law regulation. Certain provisions in the Criminal Code of Ukraine existed since its adoption, but received a new definition and application. Some necessary changes were made to the Criminal Code of Ukraine in March 2022. However, the difficult situation in Ukraine and the work of the Verkhovna Rada as a legislative body have led to difficulties, mostly of a technical nature, that complicate the application of such provisions. When using the amendments, it is important to take into account the time of their entry into force, as well as the fact that certain actions taken under martial law may appear similar to criminal offenses, but in fact are circumstances that exclude illegality (for example, extreme necessity). Individual provisions will be adjusted according to more favorable conditions. As a result of the start of a full-scale invasion of the Russian Federation on February 24, 2022, the lives of Ukrainians and Ukraine suddenly changed forever. The question arose as to what consequences this situation will have for the current Criminal Code of Ukraine, which must adapt to rapid changes and new challenges and threats. In such conditions, many social processes stopped, many accelerated, and new challenges appeared that needed to be responded to. That is why the emphasis has shifted towards the criminal law policy, which is a system-forming element of the state strategy in the field of combating crime and develops strategy and tactics for combating crime with the help of criminal law tools.