Science Of Criminal Law Research Articles

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.

Уголовно-правовая наука в исследовании задач уголовного законодательства

In the presented article, using comparative criminal law as one of the methods of criminal law science, one of the relevant scientific and practical provisions of important criminal law significance is considered the category “tasks of the Criminal Code of the Russian Federation”. The applied scientific technique made it possible to determine their role, legal status, pay special attention to their evolution, features of formulation in Soviet and current criminal legislation, reveal their essential and meaningful characteristics, identify signs, specific features.

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.

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.

Organization of Work on Collecting an Empirical Base for Clarifying the Biological Criteria of Sanity, Limited Sanity, and Insanity (Pilot Project)

The science of criminal law and forensic psychiatry do not draw clear boundaries between the biological criteria of sanity, limited sanity, and insanity. The paper is devoted to the consideration of the prospects for using modern achievements of neuroscience to clarify the boundaries of biological criteria of sanity, limited sanity, and insanity. The paper provides information on the current state of development of neuroscience in terms of research using neuroimaging methods of the brain of individuals committing criminal offenses. The feasibility of conducting relevant research in Russia is substantiated and an option for organizing such work in the form of a pilot project is proposed. In particular, it is proposed to create a single information database, which is supposed to reflect brief information about persons who have committed criminal acts, about the acts they are accused of, and the results of neuroimaging of the brains of these persons. Several stages of organizing work on collecting an empirical base to clarify the biological criteria of sanity, limited sanity, and insanity are identified and described. Particular attention is given to the issue of the legality of compulsory neuroimaging studies in relation to persons who have committed criminal offences.

Signs of the subjective side of murder as a typical legal construction

The basic law of our state enshrines the conceptual provision, according to which human rights and freedoms and their guarantees determine the content and direction state activities. And therefore the protection of a person from criminal offenses, the protection of his rights, freedoms and legitimate interests is one of the most important tasks of state policy. One of the most important issues in the application of the criminal law is the definition of which one the criminal offense was committed by a person and under what criminal law the offense is foreseen. This issue is resolved in the process of criminal qualification Offenses Demarcation of the components of individual criminal offenses is important significance in the process of carrying out criminal-legal qualification. Meaning of legal practices, precedents and doctrines of criminal law for proper qualification criminal offenses are difficult to overestimate. The subjective side of criminal offenses (crimes, criminal misdemeanors) is an important part application of the law on criminal liability. The demands of today require a clear understanding of the theory of the subjective side of the criminal offense and practice. The modern stage of the development of the domestic science of criminal law and process determines the need for further research of scientific views on the theory of qualification criminal offenses and their successful application by law enforcement agencies, which will unconditionally contribute to the correctness and unity of judicial practice in solving tasks criminal proceedings. At the same time, ensuring the unity of practice is implementation the principle of legal certainty, which is embodied in compliance with general principles criminal proceedings established in Art. 7 of the Code of Civil Procedure, by means of the same application specific rule of law in similar legal relations. Correct qualification of a criminal offense for a committed socially dangerous act is mandatory a condition for the administration of justice in accordance with the law and one of the guarantees of compliance the convention requirement of the human right to a fair trial, provided for in Article 6 of the Convention on the protection of human rights and fundamental freedoms of 1950. Key words: murder, subjective side of criminal offenses (crimes, criminal misdemeanors), theory of qualification of criminal offenses, qualification criminal offenses on subjective grounds, court practice.

The first book about the first director Yu. V. Truntsevsky, L. I. Belyaeva. At the origins of Russian Legal Science (to the 130th anniversary of Evsey G. Shirvindt) / preface by T. Ya. Khabrieva. M.: IZiSP; Publishing house “Jurisprudence”, 2023. – 240 pp.

The peer-reviewed monograph by Y. V. Truntsevsky and L. I. Belyaeva is devoted to the study of the life and work of the outstanding Russian lawyer, scientist and administrator E. G. Shirvindt (1891–1958). The authors focused their attention on his scientific works in the field of penitentiary, criminological and criminal legal science in general, as well as on the practical work of E. G. Shirvindt as the head of the Main Directorate of Places of Detention of the NKVD of the RSFSR (People’s Commissariat of Internal Affairs of Russian Soviet Federative Socialist Republic) and the first director of the State Institute for the Study of Crime and the Criminal – the predecessor of the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The structure of the work is built on the principle of analyzing the “tangle of contradictions” in the history of the formation and development of criminal policy and criminal law science in the first decade of Soviet power, which, at the same time, became the key milestones in the biography of the main character of the book. The authors of the monograph have done an important work in terms of reanimating the scientific heritage of E. G. Shirvindt and rethinking the rich experience of his practical activities to reform the penal system, which makes the book are very relevant in today’s conditions of functioning of the domestic penitentiary department.

Роль современной юридической науки в жизни российского общества

The article makes an attempt to show the role of legal science in the life of Russian society using the example of criminal law science. For this purpose, the state in which criminal law science finds itself is considered. It has been established that legal science is represented by two unequal groups of people: some actually engage in scientific research, others imitate scientific activity. At the same time, publications that are imitative in nature are subject to fair criticism and are considered as a manifestation of a crisis in science. Despite the existence of negative factors, the scientific community directly or indirectly has a positive impact on the life of Russian society. In particular, criminal law science determines the ways of development of criminal legislation that performs protective and regulatory functions, thereby harmonizing conflict relations. The scientific community of law universities and faculties, being part of Russian society, not only produces and reproduces scientific knowledge, but also involves students, graduate students and doctoral students in its development in various forms. A significant role in the development and implementation of scientific knowledge into public practice is played by scientific and qualifying works in criminal law disciplines, including those not free from certain shortcomings. This study shows that the works of criminologists are also of interest among previously convicted persons and repeat offenders. In conclusion, it is concluded that the organization of legal science is far from perfect and requires significant reorganization in order to meet the expectations of society.

Искусство (юридической) науки

Within the framework of the social division of labor and the place of state jurisprudence among other regulatory systems designed to regulate social life, parliamentarians create rules of conduct designed only for typical situations and average citizens, and law enforcement officers are forced to apply such templates to individual cases and specific people. Thus, the reaction of the authorities turns out to be deliberately inaccurate and therefore unfair. It is corrected by various means, but the most delicate and effective – the ennobling of insensitive state law with the help of technology and extreme orientations of art as the highest layer of culture – is almost not cultivated. It is scientists who can and should correct the situation, who are engaged in free mental work every day and are not involved in law-making and the settlement of legal conflicts. The article argues for the need for legal scholars to perform this spiritual duty. It shows the connection of the attractiveness of jurisprudence with modern trends in culture and art, defines their content, differences and channels of communication with each other, on the basis of which assumptions are made about the fundamental compatibility of science and art, about the predominant need of science in art, but not vice versa, and also presents arguments for and against" the movement of law towards the beautiful. The central fragment of the article is the question of what ideals, tools and practice of art can influence the spiritualization of legal thought. The author classifies universal attitudes, private technologies, motives for striving for elegance and ways of hygiene of art into 3 categories – personal urges to creativ-ity, the ultimate socio-cultural orientations of the servants of the muses and the mechanisms of man-made maintenance of spirituality by them, shows the ways of penetration of aesthetics into jurisprudence, and also gives the names and works of representatives of criminal law science analyzing cultural fundamentals of the industry and those engaged in its spiritualization. Measures to increase the aesthetic appeal of legal science are presented to the readers and deductive knowledge is presented, the quintessence of which is the idea that a meaningful way beyond the platitudes and practicality is not contrary to the logic of legal science and its location in the social system of division of labor, assumes the individuality of a thinking scientist, strives for the ideal, is distinguished by elegance, is of particular value to cognitive activity for professionals and society.

The concept of “criminal law risk” in the sociology of criminal law: the experience of theoretical understanding

The article is devoted to a comprehensive analysis of the concept of criminal law risk, which has become relevant in modern legal discourse. Various methodological approaches to understanding criminal law risk are being investigated. The paper also examines the theoretical concepts of criminal law risk, which have been highlighted in criminal law science in recent years, and also provides some classifications of such risks. Based on the analysis of theoretical material, the author concludes that it is necessary to bring the criminal law understanding of risk closer to other concepts of risks that prevail in other socio-humanities. Special attention is paid to the sociological theory of risk developed by Niklas Luhmann, who considers risk through the prism of systemic theory, emphasizing the social aspects of risky behavior and their impact on social development. The results of the work can be used for further theoretical understanding of criminal law risks, as well as for the development of practical recommendations for their management and minimization in various fields of activity, including innovative ones.

Prank and Criminal Law

The article is devoted to the study of such a little-studied phenomenon in the domestic theory of criminal law as prank. In the context of digitalization, the need to understand its legal consequences has increased significantly. The author comes to the conclusion that the Russian science of criminal law is at the stage of early understanding of pranking. To date, no single solution has been developed both in terms of improving criminal legislation and regarding the rules for qualifying pranking. Under these conditions, judicial investigative practice selectively and very contradictorily reacts to pranking by applying traditional criminal law norms on liability for theft, extortion, theft, hooliganism, etc. Taking into account the social essence of the phenomenon, the article concludes that a simple decision to criminalize pranking does not exist. Based on an analysis of existing points of view in the science of criminal law and materials from law enforcement practice, approaches to the criminal legal assessment of pranking are highlighted.

The situation of bringing to justice of a deliberately innocent person

The aim of the work is the research such a feature of the objective side as the situation of a criminal offense provided for in Article 372 of the Criminal Code of Ukraine. The topicality is due to the lack of scientific development of the situation of bringing to justice of a deliberately innocent person, which leads to its neglect in practical activities when establishing the objective side of the crime. The methodological basis of the study is the complex of such methods as empirical, general logical and special legal methods, since the research of the problem of the situation requires the use of a wide toolkit of methodology. For example, empirical methods were used to study the practical implementation of normative prescriptions in judicial practice. The comparative legal method was necessary for a qualitative comparison of adjacent and competing criminal offenses in order to distinguish them. In addition, the terminological approach was applied to clarify the definition of the situation, which was not only contained in the science of criminal law for its unambiguous understanding. The article consistently examines the general concept of the circumstances of the commission of a crime in various aspects, first of all, in criminal law and criminalistics, as well as the need to establish the situation during the investigation of all criminal offenses, regardless of its fixation in the disposition of an article of the Special Part of the Criminal Code of Ukraine. It was analyzed the circumstances of the commission of the crime provided for in Article 372 of the Criminal Code of Ukraine, which is not enshrined in the specified article, but directly follows from its content and is the obligatory feature of the objective side, because the commission of this crime outside the pre-trial investigation excludes qualification by this article of the Criminal Code. The practical significance of the research lies in the theoretical provision of pre-trial investigation and trial with the aim of properly establishing all the circumstances relevant to the case and the correct qualification of a person’s actions under Article 372 of the Criminal Code of Ukraine. According to the results of the conducted research, the definition of the situation of bringing to justice of a deliberately innocent person is singled out. It was determined that the commission of this crime is possible only during and under the conditions of a pre-trial investigation, which would simultaneously be the stage of criminal proceedings, the period of time of its conduct, and the procedural activity of authorized persons.

Characteristics of excesses of the perpetrator when committing a crime in complicity

This article considers the characteristic of excesses of the perpetrator and the form of complicity in excesses of the perpetrator. The criminal-legal assessment of actions of accomplices in the conditions of excesses of the perpetrator of a crime is analyzed, when a number of problems are revealed, in particular: establishment of peculiarities of qualification depending on the type of excesses of the perpetrator of a crime; qualification of acts of co-perpetrators when they commit “outgrowing” crimes; qualification of crimes on the grounds of committing them by a group of persons by pre-planned conspiracy; qualification of acts of accomplices on the most serious qualifying feature of the crime, etc. Features of qualification of crimes in conditions of excesses of the perpetrator of a crime in the science of criminal law are traditionally considered in relation to quantitative and qualitative excesses.

Theft as a type of property offense: problems of criminal law characterization

The article highlights the issues of criminal law characterization of theft as one of the types of criminal offenses against property. Based on the analysis of statistical data, the author emphasizes that theft is a fairly common manifestation of criminal behavior of a person. This necessitates its comprehensive study, including consideration of the issues of its criminal law characterization. It is noted that in the science of criminal law there are no uniform approaches to determining the criteria for criminal law characterization of theft. The most common are: corpus delicti; qualifying and specially qualifying features; distinction from related offenses and offenses defined by other branches of law.
 The author emphasizes that despite the legally enshrined concept of theft, there are a number of approaches to its definition in criminal law. When formulating them, scholars focus on a certain defining feature of theft. The author characterizes the element of secrecy as one of the most defining features of theft.
 The author focuses on the case law on distinguishing theft from other types of criminal offenses against property. The author analyzes both the statutory criteria for classification of theft and the criteria proposed by researchers of criminal law and criminology. Attention is drawn to the peculiarities of the objective side of this criminal offense, which is the basis for distinguishing theft from other offenses against property. It is emphasized that, according to the subjective side, theft involves only direct intent. It is noted that in the course of the criminal law characterization of theft, the issues of victimization factors (study of the category of a criminal offense victim, peculiarities of the victim’s behavior, etc.) The author concludes that the issue of both the criteria for criminal legal characterization of theft and their content and features remains controversial in criminal law science and requires further study.

Сorruption: contemporary subjects signs, concept

In the foreword, topicality of the problems of corruption, both in Russia and abroad, is determined for which, modern statistical data are provided. The problem of corruption aggravates nowadays for a number of reasons: ineffective activities of authorities, digitalisation and associated new types of consequences of corruption, the merging of representatives of the state apparatus with criminal structures, etc. The article notes that, despite the many scientific works devoted to corruption, we still have no concept of “corruption” proper. At the same time, many researchers note the local nature of corruption crimes. When revealing the concept of “corruption,” the authors here had applied a complex method, analysing the scientific works of representatives of various humanities, both Russian and foreign, which resulted in the identification of signs characterising corruption not only as a legal problem, but also as a general social one. The idea was expressed about the need to develop a single legal international document regulating relations to fight and prevent corruption. Based on the analysis of scientific literature, Russian legislation and judicial practice, a general social concept of corruption and its legal concept were proposed. The formulated conclusions are of theoretical significance for both criminology sections’ development and criminal law science; they are also of practical significance for improving the legal legislative concept of “corruption”.

Problematic Issues of the Correlation of Circumstances Aggravating Punishment with Qualifying Factors

Introduction: the issues of the correlation of aggravating circumstances with qualifying factors provided for in the Special Part of the Criminal Code of the Russian Federation are of particular importance in the science and theory of criminal law. However, the main layer of proceedings is assigned to the subjects applying the law. The law enforcement officer faces a number of issues related to the definition, correlation and delineation of aggravating circumstances, which are fixed in the General Part of the Criminal Code of the Russian Federation and qualifying constituent elements. Of course, the resolution of these issues affects the measures of criminal responsibility and criminal punishment. Methods: the methodological framework for the study includes a whole range of methods of scientific cognition, among which the methods of system analysis and synthesis are of fundamental importance. Results: the paper presents the analysis of the circumstances aggravating punishment and their correlation with qualifying factors, which are fixed in the articles of the Special Part of the Criminal Code of the Russian Federation. The factors that make it possible to distinguish between circumstances aggravating punishment and qualifying factors are considered and classified. Conclusions: a comparative analysis of the correlation of circumstances aggravating punishment and qualifying factors allows concluding that qualifying factors, unlike aggravating circumstances, affect not only the imposition of punishment, but are also directly taken into account in the process of differentiation of criminal responsibility and in the classification of specific criminal acts.

Features of Delimitation of Crimes Provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are Committed in the Public Procurement

The specifics of the criminal law regulation of liability for abuse of official powers and their excess committed in the field of public procurement are determined by the specifics of the regulation of the activities of officials participating in this sphere within the framework of their “procurement” and related functions. The correct qualification of acts committed in the field of public procurement requires reference to numerous regulations of the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities. The need to refer to the legislation on the contract system and on the procurement of goods, works, services by certain types of legal entities in the qualification of abuse of official powers and their excess arises when determining the content of the signs of the subject and almost all the signs of the objective side of the deed. Industry legislation in the context under consideration is characterized by high dynamism, “layering”, a significant number of contradictions and shortcomings. These circumstances determine errors and lack of uniformity in judicial practice when distinguishing crimes provided for in Articles 285 of the Criminal Code and 286 of the Criminal Code when they are committed in the field of public procurement. Homogeneous, and in some cases identical criminal actions of customer officials – violations in the pricing of goods, works, services; actions restricting competition (inaction); violations of the established procedure for concluding (changing, terminating) state and municipal contracts; violations in the acceptance of delivered goods (work performed, services rendered), etc. – may receive different criminal legal assessment. The purpose of the article is to develop recommendations and criteria for distinguishing crimes provided for in Articles 285 of the Criminal Code of the Russian Federation and 286 of the Criminal Code of the Russian Federation, taking into account the peculiarities of criminal legal assessment when committing these acts in the field of public procurement. To achieve this goal, general scientific (analysis, synthesis, induction, deduction) and private scientific (formal legal) methods of cognition were used. In the study, taking into account the recommendations of the Supreme Court of the Russian Federation, theoretical positions in the science of criminal law, the peculiarities of the legal regulation of public procurement, recommendations for distinguishing the crimes under consideration, taking into account the specifics of the situation of their commission, are formulated.

Laundering of criminal proceeds through transactions with virtual currencies: a new threat to economic security

The scientific article is devoted to certain aspects of legal (primarily criminal law) evaluation and countermeasures against dangerous practices of using virtual currencies for legalization of property obtained through criminal means. The basis of the author's research is an interdisciplinary approach to scientific knowledge, with the active use of international and separately foreign experience in countering the legalization of criminal income by using transactions with cryptocurrencies.
 The authors express a position, referring to specific examples of large-scale "financial-virtual" abuses, about the need for Ukraine to develop its own clear action plan regarding the legal regulation of the circulation of virtual assets, in particular by implementing effective national mechanisms to prevent (or at least reduce) the practice of laundering "dirty” funds taking into account the immediate threats to the financial system of Ukraine from the actions of a country that carries out armed aggression against our state. It is also emphasized that in criminal law science there is a plurality of approaches to determining legalization of criminal proceeds, because this type of illegal behavior is a complex phenomenon (crime, action, process, technology, stage, method and procedure, type of business activity, etc.). With reference to the scientifically and practically established approach to distinguish three main stages in the laundering of criminal proceeds (location, concealment and integration), the position is argued that these stages cannot be equally applied to legalization schemes combined with the use of fiat or virtual currencies.
 In the conclusions part of the article, it is emphasized that Ukraine, being integrated into the world economic community, must not only comply with special international standards, but also consider own priorities for the development of the national legal system and the current socio­economic situation in the country.

International experience of combating criminal interference with the legal activities of military formations

The article analyzes international and foreign experience in combating criminal obstruction of the legitimate activities of military formations. Based on the experience of foreign countries, the strategies and methods used to prevent and counteract criminal obstruction of military operations are highlighted. International legal acts and agreements aimed at ensuring the security and protection of the legitimate interests of military formations in the performance of their duties are studied.
 Military formations performing their duties in conflict and insecure environments often face criminal obstruction of their legitimate activities. This may include attacks on the military, destruction of military property, restriction of access to resources and other acts aimed at violating the rule of law and disrupting the military regime.
 The issue of criminal obstruction of legitimate activities in the international and/or foreign dimension attracts the attention of both domestic and international scholars. At the same time, in the scientific literature, this issue is considered to a limited extent only in relation to obstruction of a specific type of activity of a person, business entities, officials, public and state figures, journalists and other victims. This is highlighted in the scientific works of such scholars as N.O. Gutorova, S. V. Mohonchuk, and Y V. Pylypenko [1, p. 79]. However, the science of criminal law lacks a theoretical basis for the international and foreign experience of combating criminal obstruction of the lawful activities of military formations. Thus, the purpose of the article is to reveal this issue and to provide a theoretical substantiation of the key elements of the crime under Article 114-1 of the Criminal Code of Ukraine.
 M.D. Sergievsky stated that scientific research cannot be limited to the positive law of any one nation (domestic law). And the necessary material should be the used definitions of the law of other states [2, p. 3].

Уголовная ответственность за небрежное хранение огнестрельного оружия

The article is dedicated to the issues of criminal liability for negligent storage of firearms. The author uses doctrinal provisions existing in the criminal law science, practice of application and explanations of judicial authorities as the basis to interpret objective and subjective attributes of constituent elements of crimes set out in Art. 224 of the Criminal Code of the Russian Federation, determines their impact on the qualification, identifies problems of law enforcers arising in the legal evaluation, demarcates them from related socially dangerous acts.