Criminal-legal Characteristics Research Articles

Criminal-legal characteristics of absence without leave or place of service. Аnalysis of objective and subjective features

The article presents a study in the field of military criminal offenses. It is noted that military criminal offenses are enshrined in a separate Chapter XIX of the Special Part of the Criminal Code of Ukraine. They are united by the risk of loss of sufficient combat capability, which in the context of the modern Russian-Ukrainian war means the loss of the ability to maintain peace and statehood. The focus of the study is on one of such criminal acts, namely Absence without Leave or place of service (hereinafter - AWOL). The authors provide statistics on the number of cases and registered criminal offenses qualified under Art. 407 of the Criminal Code of Ukraine. As of the first half of 2022, the number of Art. 407 of the Criminal Code of Ukraine amounted to almost 2,000, which is 4 times more than before the full-scale invasion of the Russian Federation into the territory of Ukraine. Therefore, it was noted that despite the possibility of applying state coercion in the form of criminal punishment, military personnel still commit AWOLs massively, indicating the need to strengthen mechanisms for preventing and combating these criminal offenses. During the analysis of the norms of the Criminal Code, the following mandatory features of military criminal offenses, which are inherent in AWOL in particular, were established: the act affects a special object; the presence of a special subject: military personnel, conscripts, and reservists during training; the act constitutes a military criminal offense only when it is enshrined in Chapter XIX of the Special Part of the Criminal Code of Ukraine. It is noted that Art. 407 of the Criminal Code of Ukraine provides for simple, qualified, and especially qualified criminal compositions of AWOL. The possibility of applying administrative liability for AWOL is emphasized. Regarding the composition of the criminal offense, the generic and special object of AWOL was analyzed, it was established that the objective side is presented in two forms of action, emphasizing the presence of a special subject of AWOL, and the subjective side includes guilt in the form of intent or negligence depending on the form of action. Preconceived intent is also considered as a mandatory feature of the subjective side of AWOL.

Criminal-legal characteristics of military criminal offenses

Criminal-legal characteristics of military criminal offenses

Criminal Legal Characteristics of Subjects of Crimes Against Morality

The main problem is the relevance of the research topic. The history of the development of civilization shows that law and morality as components of the spiritual culture of society are organically linked to each other. The legal system of any state enshrines the moral requirements and moral principles that are vital for the whole society. When creating norms or improving them, the legislator must take into account the state of the public moral culture of the population so that the laws being developed are fair and perceived by members of society. Purpose: The purpose of the study is the further theoretical development of a set of criminal law issues related to determining the place of morality in the system of objects of criminal law protection, their role in the system of measures to combat crime, as well as the development on this basis of proposals and recommendations for improving criminal legislation regulating liability for attacks on public morality. Methods: Methodology and methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: The stated circumstances, as well as the lack of elaboration and discussion of most of the provisions related to the modern legal regulation of crimes against public morality and their qualifications, determined the choice of the research topic. Crimes against morality are mostly committed intentionally. For example, involvement in prostitution, the organization of brothels for prostitution or maintenance, as well as other types of criminal acts directed against humanity (morality), are committed with direct intent. A person who organizes and maintains brothels for prostitution is aware that he is doing this for profit. Among the crimes committed against humanity (morality), animal abuse is committed mainly out of hooligan motives.

Forensic characteristics of the victim in the investigation of malicious failure to fulfill duties of care for a child or a person for whom guardianship or care is established

The aim of the work is a forensic analysis of socio-demographic, psycho-physiological and criminal-legal characteristics of persons who have become victims of malicious failure to fulfill their duties to care for a child or a person for whom guardianship or guardianship has been established.
 The methodological basis of the study is the scientific works of forensic scientists who investigated the identity of the victim, the materials of the investigation of criminal proceedings of the specified category, the analysis of the questionnaires of the National Police employees who took a direct part in the investigation of the malicious failure to fulfill the duties of caring for a child or a person for whom guardianship has been established or care.
 It has been established that the growth of crime, which changes in accordance with socio- economic changes in the state, prompts the search for new forms and methods of crime investigation. One of these directions is the creation of a forensic classification of persons in such a way that, using information about their typical characteristics, it would be possible to solve the general tasks of detecting and investigating criminal offenses.
 It has been established that the increase in the number of specified crimes, which changes in accordance with socio-economic changes in the state, prompts the search for new forms and methods of crime investigation. One of these directions is the creation of a forensic classification of persons in such a way that, with the help of information about their typical features, it is possible to solve the tasks of crime detection and investigation.
 It is emphasized that criminal law features do not play a special role in characterizing a person who is a victim of malicious neglect of child care duties or a person for whom guardianship or guardianship has been established, since the vast majority of victims of crimes of the specified category are minors persons At the same time, the psychophysiological characteristics of the victims should not be ignored, since it is the psychological characteristics, the way of spending free time, etc. that determine the way the crime was committed, the situation and conditions, and are closely related to other elements of forensic characteristics.
 Conclusions. It has been established that there are many ways in which malicious failure to fulfill the duty of care of a child or a person in respect of whom guardianship or guardianship has been established can be committed. Instead, the way the crime was committed depends on a number of factors, including the level of education, intellectual development and other data about the victim. On the basis of the analysis of criminal proceedings, the most typical socio-demographic, psychophysiological and criminal-legal characteristics of the victim were established.

Separate issues of exemption from serving a probationary sentence

The article is devoted to the peculiarities of exemption from serving a sentence with probation on the basis of Art. 75 of the Criminal Code of Ukraine. In the article, the authors drew attention to the peculiarities of exemption from serving a sentence (Article 75 of the Criminal Code of Ukraine), the peculiarities and terms of such an appointment; duties imposed by the court on a person released from serving a probationary sentence (Article 76 of the Criminal Code of Ukraine). The state of the current criminal legislation is considered on the example of court practice. Exemption of a person from serving a sentence with probation is used quite often by the courts, taking into account the conditions contained in Art. 75 of the Criminal Code of Ukraine. The first thing the court pays attention to is the term of the imposed punishment, namely, no more than five years, and the absence of specific criminal offenses specified in the article, taking into account the changes made on December 13, 2022. Equally important is the consideration of the identity of the culprit, namely: social status, demographic data, post-criminal behavior, criminal-legal characteristics, etc. And also the presence of mitigating and aggravating circumstances. An important point is the clarification of the Criminal Court of Cassation as part of the Supreme Court of Ukraine regarding exemption from punishment with probation for a criminal offense committed with complicity. A review of previous numerous studies on the subject under consideration and an analysis of the gaps that were pointed out in the conclusions of the studies were carried out.
 Special attention was paid to the draft of the Criminal Code of Ukraine and the norms contained in it regarding exemption from punishment in connection with probation. A comparison with the current criminal legislation was made, and positive points were identified, such as an increase in the term of the prescribed punishment from five to eight years, except for the one convicted of a crime of the 6th degree of gravity, related to the use of violence. There are also no restrictions in the project regarding a certain category of criminal offenses, for example, corruption or related to corruption, certain military criminal offenses (Articles 403, 405, 407, 408, 429 of the Criminal Code), torture (Part 3 of Article 127 of the Criminal Code). On the basis of the conducted research, meaningful conclusions were made with the indication of problematic points and measures to eliminate them.

Separate Issues of the Criminal Legal Characteristics of Human Sterilization

The article examines the provisions of the current regulatory legislation. It is noted that currently the issue of sexual sterilization of a person is regulated by Part 5 of Art. 281 of the Civil Code of Ukraine, Art. 49 of the Fundamentals of the Legislation of Ukraine on Health Care and the Unified Clinical Protocol of Primary, Secondary (Specialized), Tertiary (Highly Specialized) Medical Care "Family Planning", approved by the Order of the Ministry of Health of Ukraine No. 59 of 21.01.2014.
 The criminal legislation was analyzed from the point of view of compliance with the international legal obligations that Ukraine undertook by ratifying the Council of Europe Convention on the prevention of violence against women and domestic violence and the fight against these phenomena, in terms of the protection of human reproductive rights, and the quality of the implemented it implementation was analyzed. The author concludes that the current edition of Part 4 of Art. 134 of the Criminal Code of Ukraine cannot be recognized as a successful manifestation of the implementation of Ukraine's international legal obligations.
 It was determined that signs of illegal sterilization should be recognized as such surgical intervention, which is the absence of informed consent of the patient (s), the absence of voluntary consent of the patient (s), the use of illegal methods, surgical intervention in the presence of contraindications or the improper place or improper subject.
 It was established that the Criminal Code of Ukraine, even before the adoption of the Law of Ukraine "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine for Implementation of the Provisions Convention on Preventing and Combating Violence against Women and Domestic Violence" (December 6, 2017 No. 2227-VIII) established criminal liability for illegal sterilization, and the introduction of the amendments created several problematic questions for the qualification of the actions of guilty persons who act in complicity, because it did not properly take into account either the provisions of the Istanbul Convention itself, or the norms of Ukrainian regulatory and criminal legislation.
 Key words: reproductive rights, Istanbul Convention, human sterilization, illegal sterilization, forced sterilization, criminal liability.

Jail-based medication for opioid use disorder and patterns of reincarceration and acute care use after release: A sequence analysis

BackgroundTreatment with methadone and buprenorphine medications for opioid use disorder (MOUD) during incarceration may lead to better community re-entry, but evidence on these relationships have been mixed. We aimed to identify community re-entry patterns and examine the association between in-jail MOUD and a pattern of successful reentry defined by rare occurrence of reincarceration and preventable healthcare utilization. MethodsData came from a retrospective, observational cohort study of 6066 adults with opioid use disorder who were incarcerated in New York City jails and released to the community during 2011–14. An outcome was community re-entry patterns identified by sequence analysis of 3-year post-release reincarceration, emergency department visits, and hospitalizations. An exposure was receipt of in-jail MOUD versus out-of-treatment (42 % vs. 58 %) for the last 3 days before discharge. The study accounted for differences in baseline demographic, clinical, behavioral, housing, and criminal legal characteristics between in-jail MOUD and out-of-treatment groups via propensity score matching. ResultsThis study identified five re-entry patterns: stability (64 %), hospitalization (23 %), delayed reincarceration (7 %), immediate reincarceration (4 %), and continuous incarceration (2 %). After addressing confounding, 64 % and 57 % followed the stability pattern among MOUD and out-of-treatment groups who were released from jail in 2011, respectively. In 2012–14, the prevalence of following the stability pattern increased year-by-year while a consistently higher prevalence was observed among those with in-jail MOUD. ConclusionsSequence analysis helped define post-release stability based on health and criminal legal system involvement. Receipt of in-jail MOUD was associated with a marker of successful community re-entry.

The origins of hacktivism and criminal legal counteraction to its manifestations

The article comprehensively examines cybersecurity issues, as well as the origins and principles of hacktivism, and gives their definitions. The tools used by hacktivists in their destructive activities are examined and their classification is presented. The criminal legal characteristics of the types of crimes used by hacktivists when carrying out cyber attacks are determined. The importance and necessity of proper measures to overcome the phenomenon of hacktivism is presented. The existing criminal legal methods of countering manifestations of hacktivism, available in Russian criminal legislation, are analyzed. Measures to counter IT threats of an organizational and technical nature are proposed. The topic under study requires further collection and processing of empirical material in order to identify new methods of committing cyber attacks on critical infrastructure and developing new approaches to combating this type of crime, ensuring uniform practice. Hacktivism is a new phenomenon in the IT environment. Hacktivism does not imply material benefit from the acts committed, which makes it difficult to classify and differentiate from related groups. Thus, a scientific interpretation and elaboration of a unified conceptual apparatus is required to ensure a uniform practice of identifying and countering this type of socially dangerous acts. The article concludes that the methods practiced by hacktivists when carrying out cyber attacks are described and have their own qualifications in the criminal legislation of the Russian Federation. However, it must be taken into account that attacks are often carried out from the territory of other countries and the groups themselves are transnational. Therefore, to successfully counter these destructive phenomena, it is necessary to develop international cooperation in law enforcement and unify responsibility for such acts. Countering hacktivism requires a comprehensive approach that includes legal, technical and social components.

Features of the criminal legal characteristics of crimes attacking objects of intellectual property created with the use of information technologies and technologies of artificial intelligence

The article is devoted to the issues of criminal law protection of objects created by artificial intelligence. Currently, there is a legislative vacuum both in regulating the activities of artificial intelligence in general, and in matters of criminal liability for the use of these objects. The author highlights two aspects of the designated problem. First, a decision is needed regarding the possibility of recognising the algorithm as the author of the work it creates and, accordingly, fixing the copyright on this object. Secondly, it is required to study the features of objective and subjective signs of criminal acts in relation to such works. Considering the problem in the context of the theory of intellectual property and the social conditionality of the criminal law protection of intellectual property objects, the author comes to the conclusion that at present there are no grounds for recognising artificial intelligence systems as authors of works. However, the exclusive rights to such objects should belong to the owners of the algorithms. Accordingly, such results of the work of artificial intelligence can be recognised as the subject of crimes against intellectual property. Based on this position, the author describes the features of the criminal law characteristics of crimes against objects created by artificial intelligence, and defines these crimes as committed with direct intent on a large scale, illegal use of an intellectual property object or disclosure of the essence of an industrial property object created using information technologies and artificial intelligence technologies.

The peculiarities of exemption from serving a sentence with probation on the basis of Art. 75 of the Criminal Code of Ukraine

The article is devoted to the peculiarities of exemption from serving a sentence with probation on the basis of Art. 75 of the Criminal Code of Ukraine. In the article, the authors drew attention to the peculiarities of exemption from serving a sentence (Article 75 of the Criminal Code of Ukraine), the peculiarities and terms of such an appointment; duties imposed by the court on a person released from serving a probationary sentence (Article 76 of the Criminal Code of Ukraine). The state of the current criminal legislation is considered on the example of court practice. Exemption of a person from serving a sentence with probation is used quite often by the courts, taking into account the conditions contained in Art. 75 of the Criminal Code of Ukraine. The first thing the court pays attention to is the term of the imposed punishment, namely, no more than five years, and the absence of specific criminal offenses specified in the article, taking into account the changes made on December 13, 2022. Equally important is the consideration of the identity of the culprit, namely: social status, demographic data, post-criminal behavior, criminal-legal characteristics, etc. And also the presence of mitigating and aggravating circumstances. An important point is the clarification of the Criminal Court of Cassation as part of the Supreme Court of Ukraine regarding exemption from punishment with probation for a criminal offense committed with complicity. A review of previous numerous studies on the subject under consideration and an analysis of the gaps that were pointed out in the conclusions of the studies were carried out.Special attention was paid to the draft of the Criminal Code of Ukraine and the norms contained in it regarding exemption from punishment in connection with probation. A comparison with the current criminal legislation was made, and positive points were identified, such as an increase in the term of the prescribed punishment from five to eight years, except for the one convicted of a crime of the 6th degree of gravity, related to the use of violence. There are also no restrictions in the project regarding a certain category of criminal offenses, for example, corruption or related to corruption, certain military criminal offenses (Articles 403, 405, 407, 408, 429 of the Criminal Code), torture (Part 3 of Article 127 of the Criminal Code). On the basis of the conducted research, meaningful conclusions were made with the indication of problematic points and measures to eliminate them.

Issues of improving criminal law measures to protect legitimate business activities

The need to take decisive measures against officials who undermine business is noted in the President’s Message of September 2, 2019. To date, the criminal legal protection of the interests of entrepreneurship still remains the most effective measure among other preventive measures. At the same time, the responsibility provided for by the criminal law for encroachments in the sphere of activity under consideration does not achieve the goals of punishment. Such common crimes as obstruction of legitimate business activities, raiding and others are one of the most difficult to prove offenses, due to the fact that the actions of the perpetrators are veiled under the legitimate nature of either the performance of their duties or civil transactions. In this regard, the author of the article gives a detailed criminological and criminal-legal characteristics of offenses that infringe on the rights and legitimate interests of business entities. Based on the analysis of statistical data, judicial and investigative practice of consideration of criminal cases related to obstruction of entrepreneurial activity, the experience of foreign countries, a number of measures to improve legislation are proposed. The results obtained can be useful in rule-making activities and updating theoretical approaches to criminal law protection of the rights and interests of entrepreneurs.

The principle of clarity in the study of ways to make escapes from custody.

The subject of the study is the peculiarity of the use of the principle of visibility in the study of methods of escape from custody by suspects (accused) by employees of the security and convoy units of the police. The author draws attention to the fact that for criminal-legal characteristics at different times, including today, not all methods of escape from custody are important, however, it is necessary to know and recognize them for each police officer, since favorable conditions for escape from custody are more often created by themselves employees of security and convoy units. Using the acquired knowledge, a police officer will be able to reproduce the situation in practice and prevent the escape from custody. The article notes the professional qualities that an employee of the security and convoy service must possess in order to successfully solve the tasks assigned to him and the orientation of training that can contribute to the development of these qualities. The author considers the importance of applying the principle of visibility in teaching, justifies the use of specific means of ensuring visibility that can be illustrated to students, and provides examples. The article examines the violations that contribute to the escape from custody, the methods of its commission, in the study of which examples are used in the form of tables, graphs, photographs, video clips, extracts from court decisions. The position is substantiated that using the principle of visibility improves the perception and memorization of information

Содержание и уголовно-правовая характеристика преступления, предусмотренного статьей 429 УК Республики Беларусь

The most pressing issues of the criminal-legal characteristics of such a crime as illegal participation in entrepreneurial activity have been investigated. All elements of the corpus delicti were considered. They expressed their own judgments on the problematic issues of the topic under consideration and formulated specific proposals for amending the Criminal Code of the Republic of Belarus.

STATE OF RESEARCH OF CERTAIN ASPECTS OF FEMALE CRIMINALITY IN UKRAINE

Research paper is devoted to the analysis of research on certain aspects of female crime in Ukraine. The article focuses on spectrum systematization of theoretical and practical issues in the field of female crime presented by scientists. The results of relevant scientific research were analyzed by examining the texts of dissertation abstracts, monographs, scientific articles, dissertations and other research papers. The main attention is paid to analysis of research papers of Ukrainian scientists in recent years. The article systematizes according to research areas (criminal-legal characteristics of crimes committed by women; criminological characteristics of female criminals and female crime; criminal and executive aspects of serving a criminal sentence by convicted women) and groups of problematic issues in this field (criminal law characteristics of certain types criminal offenses committed by women, criminal and legal correction of convicted women, criminal-legal and criminological characteristics of female crime, prevention and countermeasures against female crime, etc.).

КРИМІНАЛЬНО-ПРАВОВА ХАРАКТЕРИСТИКА КВАЛІФІКУЮЧИХ ОЗНАК САМОВІЛЬНОГО ЗАЛИШЕННЯ ВІЙСЬКОВОЇ ЧАСТИНИ АБО МІСЦЯ СЛУЖБИ

Висвітлено актуальні проблеми кваліфікуючих ознак самовільного залишення військової частини або місця служби (ст. 407 Кримінального кодексу України – далі КК України) як змістовного елементу кримінально-правової характеристики злочинів проти встановленого порядку несення або проходження військової служби. Визначено кваліфікуючі ознаки злочину та його особливості. На підставі аналізу чинного законодавства України акцентовано на визначенні доцільності застосування обтяжуючих обставин до деяких частин злочину. Детально вивчено кваліфікуючу ознаку вчинення злочину в умовах особливого періоду, зокрема як таку, що становить собою обставину, яка обтяжує покарання. Наголошено на необхідності вдосконалення законодавства в частині визначення деяких конструкцій.

Criminal legal characteristics of public dissemination of knownly false information about the use of the Armed Forces of the Russian Federation, the execution by state authorities of the Russian Federation of their powers

Subject of research: the norms that provide for criminal liability for the public dissemination of knowingly false information about the use of the Armed Forces of the Russian Federation, the exercise of their powers by state authorities of the Russian Federation.
 Purpose of research: to analyze the legislative structures of the main, qualified and especially qualified offenses under Art. 207.3 of the Criminal Code of the Russian Federation, identify the shortcomings of the regulation of this norm and propose ways to eliminate them.
 Methods and objects of research: the methodological basis of the study was the systematic method, analysis and synthesis, the formal legal method.
 Main results of research: on the basis of the study, a criminal-legal characteristic of the offenses under Art. 207.3 of the Criminal Code of the Russian Federation. The failure of the placement of the norm in question in the structure of the Special Part of the Criminal Code of the Russian Federation is noted; its insufficient preventive capacity due to the limited range of information constituting the subject of the crime; some errors in legal technique. Based on the results of the study, a new version of Art. 207.3 of the Criminal Code of the Russian Federation.

On the issue of the general criminal legal characteristics of environmental crimes

On the issue of the general criminal legal characteristics of environmental crimes

Criminal legal characteristics of illegal production (catch) of water biological resources

Criminal legal characteristics of illegal production (catch) of water biological resources

On the question of criminal responsibility for crimes against justice in the Socialist Republic of Vietnam (SRV)

The article analyzes the theory and practice of applying criminal proceedings against persons for committing crimes against justice in Vietnam. In particular, the problematic issues of the general criminal-legal characteristics of criminal responsibility for crimes of this category in accordance with the provisions of Ch. XXIV Criminal Code of SRV 2015. The author an interpretation of the concept and classification of the crimes.

HIV infection: Criminal medical research

The article presents the criminal-legal characteristics of the crime provided for by Art.122 of the Criminal Code of the Russian Federation, identifies the most typical problems of applying this rule of law, as well as proposed solutions. The main part of the work is devoted to the analysis of the content of the signs of the compounds provided for by various parts of Art. 122 of the Criminal Code of the Russian Federation. A direct object of encroachment as been identified, as which it is necessary to understand the public relations that deter-mine the inadmissibility of the spread of HIV infection as an integral part of ensuring the inviolability of human life and health. The main conclusions made in the course of the study are as follows. The criminal liability of an HIV-infected person with an undetectable viral load under part 1 of Art. 122 of the Criminal Code of the Russian Federation is impossible, since such a person is not able to transmit the disease to another person. According to this norm, criminal liability of a person who has correctly used proven means of preventing HIV infection (condoms, pre-contact prophylaxis) is also excluded. The act provided for in part 1 of Art. 122 of the Criminal Code of the Russian Federation consists in committing actions that create a real and immediate threat of HIV infection of another person, if the disease does not occur due to circumstances beyond the control of the culprit. Phylogenetic analysis can be used to prove the innocence of a person in infecting another person with HIV infection.