Criminal Legislation Of Ukraine Research Articles

Criminal Law Protection of the Ukrainian External Voting to the State Authorities in Post-War Conditions (A Case Study of Poland)

Background. The article explores the potential of conducting elections for state authorities of Ukraine in the foreign electoral district (external voting) in the conditions caused by the full-scale invasion of Ukraine by the Russian Federation on 24 February 2022. According to the United Nations High Commissioner for Refugees (UNHCR), with the caveat that the real numbers may be higher due to not all migrants from Ukraine being able to register as refugees, 6.2 million Ukrainians currently reside abroad, with 5.8 million of them situated in Europe. The Republic of Poland hosts the largest number of Ukrainian refugees with temporary protection status, exceeding 1.5 million. Therefore, the research focused on the case of the Republic of Poland, expecting that its findings could be extrapolated to other states where a significant number of Ukrainian citizens reside. Considering that about 20% of Ukrainian citizens reside abroad, including both refugees and those who permanently lived abroad until 24 February 2023, Ukraine must devise effective mechanisms for organising external voting; otherwise, if measures are not taken, less than 0.5% of voters abroad will be able to vote. In particular, it is necessary to develop models ensuring the criminal legal protection of external voting, as election abuses can affect voting outcomes significantly, distort the process, and even lead to the usurpation of power. Methods. Throughout the research, various methods, including logical (analysis, synthesis, generalisation, extrapolation, analogy, modelling, hypothesis), historical, systemic-structural, comparative-legal, and dogmatic methods, have been used. Logical methods played a crucial role in analysing the operation of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, regarding possible electoral offences committed outside Ukraine during Ukrainian elections held abroad. The historical method was utilised to analyse the experience of the Ukrainian parliamentary elections in 2019. The system-structural method has been applied to formulate proposals for ensuring the legal protection of elections to state authorities outside of Ukraine. The comparative legal method was applied when comparing provisions in the criminal legislation of Ukraine and the Republic of Poland, specifically those pertaining to liability for election offences. The dogmatic method has been used in the interpretation of the norms of the Penal Code of the Republic of Polandestablishing liability for election offences, in the understanding of the norms of the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses regarding their application to election offences committed outside Ukraine. The article delves into two primary aspects. Firstly, it examines the jurisdiction under which criminal liability for election offences in Ukrainian external voting is imposed, explicitly identifying the relevant legislation of the involved state. Secondly, it addresses the problems of applying the principles of the operation of the Criminal Code of Ukraine in space concerning the prosecution of electoral criminal offences, including foreigners. Result and conclusions. The authors substantiate the necessity of creating supplementary election precinctswithin the territory of the Republic of Poland, designated for conducting Ukrainian elections beyond the premises of diplomatic institutions of Ukraine and equating them in terms of legal status to the premises of diplomatic institutions of Ukraine. The latter is possible by concluding a bilateral agreement between Ukraine and the Republic of Poland on assistance in conducting Ukrainian external voting on the territory of the Republic of Poland.

Criminal legal protection of pharmaceutical activity on the circulation of medicinal products in acts of foreign criminal legislation

The article examines the issue of the specifics of the criminal law protection of pharmaceutical activity in the circulation of medicinal products in acts of foreign criminal legislation.
 The author proposes to single out the most typical types of criminal offenses that encroach on pharmaceutical activity depending on the typical types of "impact” of pharmaceutical activity, namely when ensuring various stages of trade and other circulation (turnover) of medicinal products and other items of pharmaceutical activity.
 The author conducts a thorough review of the criminal legislation of such countries as the Federal Republic of Germany, the Republic of Austria, the Swiss Confederation, the Kingdom of Spain, the Republic of Estonia, the Republic of Poland, Turkey, Romania, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Uzbekistan, the Republic of Moldova, the Republic of Tajikistan and the Republic of Azerbaijan . Such acts of criminal legislation are analyzed from the point of view of the scope of criminal legal protection of the sphere of circulation of medicinal products and in relation to the norms defined in the criminal legislation of Ukraine.
 The article notes that the provisions of acts of foreign criminal legislation establish typical and atypical types of criminal offenses that encroach on pharmaceutical activity as an independent object of criminal law protection.
 The author's attention is drawn to the fact that acts of foreign legislation define both a more "broad" and a smaller ("narrow") scope of criminal offenses of a specific type. And in separate acts of foreign criminal legislation, the concept of illegal medicinal products trafficking as an independent type of criminal offense is defined in different ways.
 It is noted that the conducted comparative legal research demonstrated that the most complete scope of criminal legal protection of circulation of medicinal products and circulation of medical devices as elements of pharmaceutical activity is presented in the German and Swiss "models" of criminal legal protection. These models of criminal law protection received a detailed review and analysis, due to the detailed provisions of the criminal legislation of the Federal Republic of Germany and the Swiss Confederation.

Special information operations against Ukraine as an element of hybrid warfare and ways to their countering

The article is devoted to the consideration of special information operations as an element of Russia's hybrid war against Ukraine. The author's definition of special information operations is formulated, their vectors and types are determined. Special attention is paid to identifying possible objects of information influence, as well as characterizing the means, methods and forms of special information operations. In addition, it is stated that the criminal legislation of Ukraine currently covers most forms of posting and dissemination of information with destructive content which is the instrument of special information operations, and the author makes judgments on some reserves for its further improvement. It is concluded that since special information operations are a complex, multistage system of measures, counteraction to them should be based on a comprehensive approach that includes three main strategic areas: 1) counterintelligence measures of special services; 2) measures to implement the state policy in the information sphere; 3) criminal law measures.

Legal Status of Forensic Veterinarian as a Subject of Forensic Science Activity in Context of the Latest Legislation of Ukraine

Legal status of a forensic expert as a subject of forensic science activity in the context of the latest legislation of Ukraine is studied. It has been proven that elements of legal status of forensic expert, provided for by civil, economic, administrative and criminal legislation of Ukraine, as well as by departmental regulatory legal acts, do not fully correlate with each other: they have different rights, obligations, prohibitions, restrictions and the legal responsibility of forensic expert, that can negatively affect implementation of the principles of forensic expert activity, in particular during forensic veterinary examination, as well as the provision of a substantiated, objective, reliable, correct and truthful expert conclusion. Amendments and additions to mentioned normative legal acts of Ukraine are proposed with the aim of unifying the legal status of forensic expert (regardless of type of legal proceedings and grounds for conducting a forensic examination) for more effective implementation of principles of forensic science activity. The research purpose: reveal the legal status of forensic veterinarian in the system of forensic expertise and to systematize his duties, rights, prohibitions and grounds for liability in the newest legal field of Ukraine. General and special scientific methods of research (analysis, synthesis, analogy; modeling; formal-logical; logical-grammatical; statistical; comparative-legal; legal analysis) were used to achieve the goal.

Criminal Offense or Civil Law Dispute: to the Issue of Assessing Unfair Information Business under the Criminal Legislation of Ukraine

The article provides a criminal assessment of unfair information business (“information fraud”). Based on the analysis of the Supreme Court’s positions and through the prism of such manifestations as nonfulfillment of obligations and improper fulfillment of obligations (untimely, incomplete and poor-quality fulfillment of obligations in the form of service), it is determined whether this phenomenon falls under criminal fraud within the legislation of Ukraine.

Application of constitutional principles in criminal legislationof Ukraine

The article examines the importance of constitutional principles for the development of criminal law. The main directions of application of the principles of criminal law in the criminal legislation of Ukraine are investigated. It is determined that the principles of the Criminal Law of Ukraine include the main provisions established by law or derived directly fromit, provide a clear description of the content of this branch of law and are used in the legislative and law enforcement activities of the state bodies. Using dialectical and historical methods, the general law principles of Criminal Law are analyzed. Thecontradiction problems of some criminal law institutes with the constitutional principles are revealed using the comparative method and the methods of analysis and synthesis. The conclusion focuses on the need to define the criminal procedural principles as a fundamental rule of conduct of the criminal process and the court, which permeates all stages of the process, based on the procedural coercion of the State, and which aims to guarantee obtaining suitable and admissible evidence and the performance of the functions of criminal proceedings in general.

Borders of administrative and criminal responsibilities for offenses in the field of law intellectual property

The article is devoted to the study of the delimitation of administrative and criminal liability for infringements in the field of intellectual property rights. The current issues of implementation of these types of responsibilities depending on the legislative approach to the reflection of the relevant provisions in regulations are highlighted. The analysis of dispositions and sanctions of separate administrative offenses and criminal offenses in the field of the intellectual property rights is carried out. Theoretical generalization of differences between administrative and criminal liability for infringements in the field of intellectual property rights on the basis of the main features of legal liability with coverage of current theoretical and practical problems and identify areas for their solution. The shortcomings of practical application of administrative and criminal liability for these offenses are identified and the imperfection of domestic legislation in the absence of systematization of offenses against intellectual property rights, both within the administrative and criminal legislation of Ukraine. The article also summarizes the differences between administrative and criminal liability for infringements in the field of intellectual property rights on the basis of the main features of legal liability with covering of current theoretical and practical problems and identifying specific areas for their solution. The analysis of the current state of realization of legal responsibility in the field of protection of intellectual property rights is also carried out, taking into account their peculiarities and substantiation of directions for elimination of existing shortcomings. It is substantiated that from the practical point of view, legal protection of intellectual property in Ukraine requires a comprehensive transformation of administrative and criminal liability in the direction of developing an effective procedural mechanism for their implementation, eliminating shortcomings and inconsistencies in current legislation of Ukraine. Strengthening of criminal responsibility for criminal offenses in the field of intellectual property rights is proposed, emphasis is placed on the need to establish an independent institute of criminal law protection of intellectual property in Ukraine.

Actual criminal law problems of war and peace (view from military Kharkiv)

The article examines actual criminal law problems of war and peace on the basis of the Criminal Code of Ukraine and related international law and taking into account the immediate sense of the features of modern war, which is still ongoing in Ukraine.
 Emphasis is placed on the fact that the concept of war needs to be defined in international and national criminal law as reflecting the large-scale bilateral use of armed forces by states or the state and private armed groups. War is the most dangerous manifestation of armed confrontation, which always has its own special character. The choice of means of response to the war should be made taking into account this nature, because it depends on the correct choice of method of reconciliation of the warring parties. The importance of this method of response is increasing in modern warfare, which is conducted with the use of non-nuclear weapons of mass destruction and manifests itself in the form of total destruction of settlements. Armed conflicts are less dangerous manifestations of armed confrontation, but they can be a manifestation of external manipulative influence on the state and then transform into war. Private armed groups can take part in the war or act as an enemy. A systematic solution to the various options for responding to war and armed conflict in the world is proposed to be implemented through the development of a Code of War and Peace.
 The article analyzes the provisions of the Criminal Code of Ukraine and international law relating to war. Some of them require terminological coordination. The category of "military necessity" is important for determining the content of such provisions, as well as for the correct choice of means of response to war.
 Proposals have been developed to improve the criminal legislation of Ukraine, which consists in establishing criminal liability for the following acts: 1) non-state armed aggression against Ukraine; 2) development and implementation of a plan for an armed conflict of a non-international nature in Ukraine or provocation of such a conflict, or public appeals to take such actions; 3) intentional provocation of the continuation of war or other military conflict or their escalation; and other proposals.

The Concept of Compulsion in the Criminal Legislation of Ukraine and the Republic of Poland

The Concept of Compulsion in the Criminal Legislation of Ukraine and the Republic of Poland

Criminal law novel about justifying the armed aggression of the russian federation against Ukraine (article 436-2 of the Criminal Code of Ukraine): law enforcement and law-making problems

Purpose. Critical reflection on the criminal law novel provided for by Art. 436-2 of the Criminal Code of Ukraine, the results of which should be: firstly, recommendations are proposed for resolving those debatable issues, the presence of which can cause the greatest difficulties in the law enforcement process; secondly, the shortcomings inherent in the analyzed norm were identified and proposals were made for their elimination. To achieve the declared goals, a methodology was chosen, the tools of which made it possible to objectively investigate the decision of the legislator under consideration. Philosophical, general scientific and specifically scientific methods were used to cover the relevant issues. In particular, the method of system-structural analysis was used both in the study of the links of the criminal law prohibition under consideration with the legal system of Ukraine as a whole, and with other norms and institutions of the General and Special Parts of the Criminal Code of Ukraine. The author used the formal-logical (dogmatic) method in interpreting the relevant norms of the Criminal Code of Ukraine. Based on the results of writing the article, recommendations were formulated aimed at improving the criminal legislation and optimizing law enforcement practice. The scientific novelty lies in the fact that the study made it possible to formulate specific recommendations for resolving conflicts between Part 1 of Art. 111-1 and Art. 436-2 of the Criminal Code of Ukraine, as well as for the first time to voice proposals to improve the structure of Art. 436-2 of the Criminal Code of Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in rule-making activities to improve the criminal legislation of Ukraine on countering the crimes under study, as well as in research activities and the educational process - as the basis for further scientific research on the problems of criminal liability for the commission of criminal offenses under consideration.

Sanctions in the system of criminal legal means of security activities protection

The article considers and analyzes the sanctions of the articles of criminal legal norms, which provide liability for criminal offenses against security activities. Emphasis is placed on the complexity of the researched issues, as the theory of criminal sanctions has not been developed yet; there are no clear principles and general rules for creating the limits of sanctions.
 The opinion of scientists on the institution of punishment in the criminal legislation of Ukraine is analyzed there. Punishment in its content is a statutory restriction of certain rights and freedoms of the convict. Depending on the specific type of punishment provided for in the sanction of the article of the Criminal Code of Ukraine, such a restriction may apply to certain personal, property and other human and civil rights and freedoms provided by the Constitution of Ukraine.
 It is stated that the sanction is a mandatory component of the article or part of the article of the Special Part of the Criminal Code of Ukraine, which is a model of the type and scope of punishment, proportional to the public danger of a criminal offense under the current Criminal Code.
 It is noted that sanctions for criminal offenses against security activities do not always adequately reflect the nature and degree of public danger of acts, as well as the design features of the dispositions of criminal legal norms.
 It is concluded that the analysis of sanctions of articles of the Criminal Code of Ukraine, in particular, sanctions aimed at protecting security activities, shows that there are certain shortcomings that must be eliminated by the legislator.

Official authority exceeding by private security agencies employees: foreign experience and prospects for its borrowing

The article considers the grounds for criminal liability for exceeding of official authority by employees of private security agencies in the performance of their duties. Emphasis is placed on the peculiarities of considering the issue of liability for harm to life and health of citizens in the implementation of security activities. It is established that in the criminal legislation of Ukraine there is no separate criminal offense which provides liability of security guards for power’ excess at implementation of professional activity.
 The foreign experience of the countries in the issue of criminal liability for exceeding the powers by employees of private and public security agencies has been resolved, is analyzed there. The criminal legislation of the Republic of Tajikistan, the Republic of Kazakhstan, the Republic of Moldova, the Kyrgyz Republic, Turkmenistan, Estonia is considered. It is stated that in the criminal legislation of Western Europe and America there are no separate rules on the liability of private security guards or detectives.
 It is concluded that it is necessary to criminalize the excess of power by employees of private and public security agencies in the current Criminal Code of Ukraine with the borrowing of foreign experience. It is hoped that the working group on the development of criminal law, which is working on a draft of a new Criminal Code of Ukraine, taking into account the norms of international law, will determine the importance of criminalizing the power excessing by employees of private and public security agencies.

ЄВРОІНТЕГРАЦІЙНІ ВИКЛИКИ В КРИМІНАЛЬНО-ПРАВОВІЙ ПОЛІТИЦІ УКРАЇНИ В УМОВАХ ВІЙНИ

Ukraine’s European integration direction has led to a set of significant changes in legislation and practice. Obviously, this is a high price, but the war has brought Ukraine closer to joining the European Union than ever before. On February 28, 2022, President Volodymyr Zelensky signed an application for Ukraine’s membership in the European Union. On April 8, 2022, during a visit to Kyiv by the President of the European Commission Ursula von der Leyen, a questionnaire was personally handed over to the Ukrainian side to obtain Ukraine’s candidate status for membership in the European Union. The war in Ukraine showed the effectiveness of European values. It showed their importance not only in the documents, but in concrete steps towards Ukraine’s meeting with European countries, in particular in sanctions against the Russian Federation, its oligarchs, diplomats and high-ranking officials. At the same time, harmonization with the legislation of the European Union still requires comprehensive changes in the legislation of Ukraine, in particular criminal legislation. Moreover, necessity of movement to European values and principles has been identified. Each state is sovereign and unique in the peculiarities of its legal regulation. However European countries are united with the values. The Association Agreement highlights in particular the following values: respect for the rule of law, human rights and fundamental freedoms, non-discrimination, and respect for diversity. The last but not the least, it should be noted that Ukraine has already taken some steps towards such an approximation, but there are still many unresolved issues, including methodological. The draft of the new criminal legislation of Ukraine, which is being developed by the Working Group from 2019, should take into account the peculiarities of European law, but also preserve national peculiarities. European sanctions are not so fast, but over time they will prove effective as a response to war crimes by another state.

Criteria for Establishing the Status of Law Enforcement Officers under Criminal Legislation of Ukraine

The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceed power or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of division of their system are described. The criteria for determining the status of law enforcement officers are established, and the features that distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in the Criminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. The concepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcement powers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation are also investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal law scholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided.

Comparative Analysis of the Criminal and Legal Protection of Morality in the Legislations of Ukraine and Moldova

The article under studies relies on the understanding that the future of any state, society and mankind on the whole largely depends on the moral virtues of each individual. However, today's moral, spiritual and cultural basics are seriously challenged, annihilated and neglected.
 Resting on a comparative-legal analysis of the current criminal legislation of Ukraine and the Republic of Moldova, the article deals with the peculiarities of the criminal and legal protection of morality, identifies in the above legislations certain common and distinctive features in the context of existence and construction of legal norms, investigates their structural elements and, eventually, determines types of punishment.
 It has been substantiated that Ukrainian criminal legislation is rather progressive in terms of the criminal and legal protection of morality. It might be explained by the fact that respective criminal and legal prohibitions not only have been reflected in a special section of the Criminal Code of Ukraine, but are also described there in detail. In addition, these prohibitions are marked with partial, but at the same time significant and expedient changes and supplements that completely comply with the present-day challenges (for instance, in terms of liability for cruel treatment of animals, vandalizing a grave or other burial place or the body of the deceased, etc.). Particular emphasis has been laid on the fact that due to the recent changes in the Criminal Code, which came into force in March, 2021, especially striking are the elements of such crimes as access to child pornography, its acquisition, storage, import, transportation or other movement, production, sale and dissemination (Art. 301-1), and carrying out of entertaining action of sexual character with participation of the minor (Art. 301-2).
 On the other hand, the criminal legislation of Moldova does not contain a separate structural part, which would systematize all socially hazardous actions regarding morality. Instead, certain articles on the protection of social morality are enshrined in different chapters of a Special Part of the Criminal Code of the Republic of Moldova. It is also important that the article under discussion draws a conclusion that the protection of social morality in the criminal legislation of Moldova comprises both traditional for most states norms (for example, liability for pimping, illegal acts on pornographic objects, vandalizing a grave, etc.) and not quite common ones (liability for incest, obtaining child prostitution services; cruel treatment of animals by a person responsible for the care, protection and welfare of animals, for training or veterinary care; vandalism; debauched actions in the form of exhibitionism, compelling to participate in making pornographic performances, etc.).

КРИМІНАЛЬНЕ ЗАКОНОДАВСТВО УКРАЇНИ ЯК ВАЖЛИВИЙ РЕГУЛЯТИВНИЙ ФЕНОМЕН КРИМІНАЛЬНО-ПРАВОВОЇ ДІЙСНОСТІ

The current ideology of criminal law as an element of the system of criminal law reality has been analysed. The differentiation of terms «criminal law validity (reality)» and «criminal validity (reality)» has been conducted. It has been stated that appropriate level of scientific background ensuring the development, adoption and application of criminal legislation is the most important prerequisite for high quality and efficiency of criminal law regulation and protection. The systematic relationships between criminal legislation of Ukraine and other branches of legislaion that specify its provision have been analysed. It has been substantiated that systematic and harmonius improvement of the norms of criminal legislation and norms of related branches that «are accomponied with them» is necessary for the efficient functioning of criminal law reality. It has been stated that regulation of criminal law in its systematic sense should be of the highest quality. The criminal law mechanism for ensuring the quality of legal regulation in any sphere of social life is complex and multifacated. It covers, in particular, public and private institutes and organizations, legal framework of their activities and international cooperation. Each of these elements must be endowed with sufficient qualitative instrumental features. Additionally, it is important to ensure a harmonious systematic connection between them. With regard to criminal law, it can be argued about the quality of its form and content, bearing in mind the philosophical axiom that form is always essential, and the essence is always formed. It has been found that traditionally since the ancestor of the science of codification Jeremy Bentham, codes were considered the highest form of expression to improve the quality and content of legislation in the doctrine of law. They are precisely recognized as such in the continental legal system, as they most fully ensure, in particular, such qualities of the legislation as systematization, clarity, accessibility, the absence of gaps and contradictions. It has been investigated, that unfortunately, the Ukrainian legislative practice goes mainly through the creation of diverse, often contradictory and separate laws which make numerous changes to the current criminal law. Legal act is considered to be excellent when it does not require specification in by-laws, or if a need to specify the norms is minimal or enforced. The global law-marking practice has recognized that since ancient times such legal act is a code of laws, if it is developed and adopted on the scientific basis of codification techniques.

Problems of criminal law protection of the national security of the state against subversive acts

The purpose of the article is to study the main problematic aspects of the regulation of liability for sabotage in the legislation of Ukraine. The subject of the research is the problematic aspects of the regulation of criminal liability for sabotage under the laws of Ukraine. In order to obtain reliable results, a number of methods are applied: dialectical, formal-logical, hermeneutic, logical-semantic, statistical, comparative-legal, etc. The results of the conducted research: modern threats to the national security of any state require effective measures of counteraction, including the qualitative criminal legislation. The main shortcomings of the regulation of liability for sabotage under the laws of Ukraine are due to the imperfection of the components of this criminal offense, as well as the misinterpretation of its provisions by the enforcer. In addition, it is determined that one of the important problems of liability for such action is the parallel existence of a terrorist act in the criminal legislation of Ukraine, and the components of a terrorist act by its content and nature in most cases coincides with the components of sabotage. A number of changes and additions to the criminal legislation of Ukraine on elimination of the specified problems are proposed.

Response of the official opponent to the dissertation of Babanina Victoria Viktorivna "Criminal legislation of Ukraine: the mechanism of creation and implementation"

The relevance of the topic of dissertation research of Babanina Victoria Viktorivna "Criminal legislation of Ukraine: the mechanism of creation and implementation" is considered. The degree of validity and reliability of scientific provisions, conclusions and recommendations formulated in the dissertation are highlighted. The scientific novelty and practical significance of the results obtained in the dissertation are established.

Public calls for criminal offenses in Ukraine and some European countries

The article provides a comparative analysis of the criminal legislation of Ukraine and some European countries in terms of criminalization of public culls to commit criminal offenses. The criminal codes of Austria, Switzerland, Germany, Italy, France, Poland, Slovakia, the Czech Republic and Romania have been studied.
 First, the system of norms on public calls in the current Criminal Code of Ukraine, the legal nature and legal features of public calls as such are outlined. Then the general scheme of public calls as an information act is given. There is a opposition of public calls as an independent act and incitement as a kind of complicity. The introduction of a new term «subsequent crimes» is justified, which will simplify theoretical research and the application of relevant norms in practice.
 Common features of criminalization of public calls in the named European countries are established. Their differences from the Ukrainian version of regulation are determined. They provide for universal types of public calls. These are public calls to criminal offenses in general. Less often, these are calls only to crimes of a certain gravity or a certain type. However, along with the universal norm, there are special norms. In addition, the article draws attention to the following: a) the degree of punishment of public calls, that is, the penalties contained in sanctions, b) the differentiation of responsibilities (aggravating circumstances), c) the application of the law in space.
 The wording of the article of the new Criminal Code of Ukraine is proposed, which will provide universal public calls to commit crimes (any crime). The preservation of certain special types of public calls is also argued.

Using of the Terms «Person of a Criminal» and «Personality of a Criminal» in Criminology

The article is devoted to consideration of the terms «person of a criminal» and «personality of a criminal» used in criminology. It is noted that criminology is a science, mostly social, and therefore less dependent on the formation of its terminology from the terms used in the text of the law. Attention is drawn to the fact that the term «personality of a criminal» is a term based on criminology, which causes increased attention to it. It is argued that it is the unification of terminology, the provision of criminological terms of unambiguity and generality that will make criminological research effective, will protect researchers from logical errors. In this regard, it is proposed to consider the expediency of using the term «personality of a criminal» in criminology. The focus is on changes in the criminal legislation of Ukraine in 2020, according to which the content of the term «crime» has changed significantly. In this regard, the question is considered: whether it is possible to continue to speak about the «person/personality of a criminal», whether it will be more appropriate to use the term «person/personality of a criminal offender». On the basis of logical assumptions, the conclusion is made about the possibility of operating in criminological investigations in terms of «crime» and «person of a criminal». Attention is paid to the fact that in scientific publications of Ukrainian criminologists the term «person of a criminal» and the term «personality of a criminal» are used. It is concluded that such duality is the result of a false translation of the Russian term «identity of a perpetrator». It is noted that most authors who use the term «person of a criminal» consider a set of physiological characteristics of a person prone to criminal offenses of a certain kind, and therefore — we are talking, rather, about «personality», not «person». At the same time, it is emphasized that the term «person of a criminal» is common, and therefore this should not cause any discussions or problems with the correct understanding of its essence in criminological studies. In this regard, the conclusion is made about the possibility of using the formally incorrect term «person of a criminal» as synonymous with the term «personality of a criminal».