Criminal Responsibility Research Articles

CRIMINAL LIABILITY AGAINST THE CRIMINAL ACTION OF MOTOR VEHICLE THEft (STUDY OF DECISION NO. 239/PID.B/2021/PN.KBU)

Criminal liability regarding the Crime of Motor Vehicle Theft that this crime was committed by 2 people in which the defendant's actions were regulated and also threatened in Article 365 paragraph (2) of the 2nd Criminal Code. However, in this case there are still many people who commit the crime of motor vehicle theft in various ways even though the government has issued such regulations or legislation. As will be examined in this article, namely how is the criminal responsibility of the perpetrators against the perpetrators of the crime of motor vehicle theft in Decision No. 239/Pid.B/2021/PN.KBU? What is the basis for the judge's consideration in deciding the case against the perpetrators of the crime of motor vehicle theft in Decision No. 239/Pid.B/2021/PN.KBU? The author in this study used empirical juridical research methods and normative juridical research. In empirical research, the author conducts interviews with related sources and in normative research, including literature, legislation, legal theory, and also judges' decisions. Also, empirical legal research includes legal identification, legal effectiveness, and law implementation. From the results of the research, criminal liability against the perpetrator is a criminal act that is proven guilty and convinces the judge to convict the defendant with a criminal act of motor vehicle theft as regulated in Article 365 paragraph (2) of the 2nd Criminal Code, and the defendant fulfills the element of criminal responsibility. And the basis for the judge's consideration is to consider 2 (two) considerations, namely juridical considerations and non-juridical considerations. Based on this, the punishment should be adjusted to the threats that have been stipulated in the applicable legislation, and the judge should also pay attention to the impact of this crime even though in this case it did not take any lives but must be punished according to the regulations in order to provide a deterrent effect and reduce the level of crime. his crime.

The gendered context of women charged with violent offences in the forensic psychiatric setting.

Women charged with violent offences may be referred by courts for forensic psychiatric assessment to determine whether mental disorder or intellectual disability impacts their fitness to stand trial and/or criminal responsibility. The profile of these women is a poorly researched area in South Africa. This study examined the socio-demographic, offence-related, and clinical profile of South African women charged with violent offences referred for forensic assessment. Fort England Hospital (FEH), a forensic psychiatric institution in the Eastern Cape. The clinical records of 173 women referred by courts for forensic psychiatric evaluation over a 24-year period (1993-2017) to FEH were systematically reviewed. Most women were single, black mothers with dependent children, who were unemployed and socio-economically impoverished. Many had backgrounds of pre-offence mental illness, alcohol use and alleged abuse. The majority were first-time offenders whose victims were known to them. Most child victims were biological children killed by their mothers. Likely primary motives for violence were related to psychopathology in half of cases, and interpersonal conflict in a third. Forensic assessment most frequently confirmed psychotic disorders and dual diagnoses. Half the cases were fit to stand trial and under half were criminally responsible. Violent female offending occurs within a gendered context, with high rates of prior trauma, alcohol use and psychosocial distress in perpetrators. An emphasis on gender-sensitive psychosocial interventions is required. This study highlights the nature and context of violent offending by women referred for forensic psychiatric assessment in South Africa.

Legal Considerations Judex Factie Acquittal and Guilty Judgments by Judex Juris

The corruption case involving the former North Konawe regent, Aswad Sulaiman, was acquitted by the Kendari Corruption Court in 2017, according to decision Number 56/Pid.Sus-TPK/2016/PN.Kdi. While the Supreme Court Cassation decision number 1964 K/PID.SUS/2017 decided that Defendant Aswad Sulaiman was proven legally and convincingly guilty of committing a crime by jointly committing an ongoing criminal act of corruption, imposing a prison sentence of 6 years and an IDR 200 million fine. If not paid, it will be replaced with imprisonment for 6 months, punished for producing a compensation of IDR 3,310,639,545 (three billion three hundred ten million six hundred thirty-nine thousand five hundred and forty-five rupiah). This study focuses on the legal ratio of the panel of judges in imposing an acquittal in the corruption case Number 56/Pid.Sus-TPK/2016/PN.Kdi and decision number 1964 K/PID.SUS/2017. This study used normative legal research with a statutory approach and a case approach, Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which was last amended by Law Number 20 of 2001. The results are that the recovery of state financial losses must be investigated as the starting point that the defendant has committed corruption by not releasing him from criminal responsibility but only as a basis for mitigating considerations for the defendant. The judges deciding this case have at least gone through 3 stages: constating, qualifying, and constituting.

Human rights protection during armed conflicts: Problem aspects

The purpose of the article is a comprehensive analysis of problematic aspects of legal responsibility for human rights violations during armed conflicts. To achieve the goal, the following methods were used: systematic, logical and semantic, formal legal, comparative legal, formal logical, formal dogmatic, analysis. The article argues the approach according to which armed conflicts are characterized by a total violation of rights, among which the following fundamental rights are the most violated: the right to life, the right not to be subjected to torture, inhuman treatment, enforced disappearance and the right to a trial. It was concluded that these rights are the "immutable core of human rights" that cannot be violated, the characteristic features of which are: fundamentality, inalienability, inalienability and objective necessity. The development of additional regulatory and institutional guarantees for the protection of these rights and effective ways to bring perpetrators to criminal and international responsibility requires coordinated work of various institutions. Combating and counteracting human rights violations in time of armed conflict requires the united efforts of nations to eradicate aggressive warfare and the use of weapons.

Review of Obstruction of Justice Perpetrators in Premeditated Murder Cases

Criminal responsibility is a reprehensible act by society that must be accounted to its maker for the actions committed. The problem in this study is how criminal accountability for perpetrators of obstruction of justice in premeditated murder cases and whether the sentences given to perpetrators have fulfilled the sense of substantive justice for the community (Review of Verdict Number: 806 / Pid, Sus / 2022 / PN Jkt Sel). The research method uses a normative juridical approach, the data used are secondary. The study conducted is a literature study. The resource person in this study is a Criminal Lecturer at the Faculty of Law, University of Lampung. This study aims to see in depth how criminal responsibility for perpetrators of criminal acts of persecution and whether the verdict given has fulfilled the sense of justice for the community, therefore the approach taken in this study is normative. Based on the results of research and discussion, it can be concluded that after listening to witness statements and legal facts at the trial and based on the judge's consideration, the defendant was sentenced to imprisonment for 10 (ten) months and a fine of Rp. 10,000,000 (ten million rupiah), because the elements have been legally and convincingly proven. In addition, Judgment No.: 806/Pid. Sus/2022/PN Jkt Sel has fulfilled the substantive sense of justice as the panel of judges has carefully considered and decided to issue this ruling.

THE IMPACT OF THE PROBATION SERVICE ON THE SOCIALIZATION OF PERSONS RELEASED FROM PRISON

The article is devoted to the influence of socialization of persons released from prison by the probation service. The problem of increasing crime and bringing society to criminal responsibility has worried the world since the appearance of humanity. Article 13 of the Constitution of the Republic of Kazakhstan states that everyone has the right to be recognized as a subject of law and has the right to defend their rights and freedoms in all ways that do not contradict the law, including the necessary protection, judicial protection of their rights and freedoms. Article 26 of the International Covenant on Civil and Political Rights establishes that all persons have the right to equal protection by law, without being equal before the law and without being subjected to any discrimination. While the Tokyo Rules, recommendations of the Committee of Ministries of the Council of Europe No. (99) 22 provide for the provision of other opportunities, reducing the application of deprivation of liberty to all States, as well as compliance with the necessary human rights, social justice requirements and taking into account the needs of the offender with regard to the return to normal life in society, the Criminal Court proposes to take measures, not related to imprisonment, in order to optimize the policy in the field of justice. At the same time, it should be noted that the Concept of the Legal Policy of the Republic of Kazakhstan until 2030 draws attention to the importance of ensuring "a balance of punitive, restorative and preventive means of criminal law regulation." Clarifies the procedure for providing social and legal assistance to the convicted person, the implementation and termination of probation control in relation to him. The convicted person is also explained the procedure for performing the duties assigned by the court and the procedure for bringing to responsibility for the performance or non-performance of forced labor and violation of the conditions and procedure for probation control.

Social, forensic, and clinical correlates in female observandi referred for non-violent crimes.

Globally, crime is highly masculinised and research into female criminality is scarce. In South Africa, no research specifically investigating the characteristics of female observandi referred for non-violent crimes has been published. The study aimed to describe the socio-demographic, clinical, and forensic correlates in women referred to Sterkfontein Hospital for forensic psychiatric observation following a non-violent criminal charge between 2010 and 2019. It also sought to establish the relationship between the correlates and fitness to stand trial and criminal responsibility, as well as the relationship between the socio-demographic characteristics and the different non-violent criminal charges. Sterkfontein Hospital. A retrospective record review of all cases referred to Sterkfontein Hospital for a single observation over 10 years was conducted. Sixty-five cases were included in the study. Most observandi referred for non-violent crimes were found to be single (84.6%), unemployed (67.7%), reported abuse (55.4%), and had a high prevalence of mental illness (90.8%). Non-adherence to treatment was identified in 59.1% and substance use was identified in 72.2% of the study sample. The most common charge was theft (64.6%). The majority of the sample was found fit and responsible (57%). Bipolar (21%) and Primary Psychotic Disorders (35.7%) were associated with statistically significant outcomes of trial incompetence (p = 0.005) and lack of responsibility (p = 0.028). It is recommended that prospective studies are conducted which include comparisons with male counterparts and females referred for violent crimes. The study identified correlates that should be included in the standard of care in forensic assessments of female observandi.

Child-friendly justice and children's rights from criminal cases; Islamic Law notes

This article aimed to discuss the Islamic law notes on child-friendly justice and the importance of protecting children's rights during the juvenile process. The reform of Juvenile Justice in Indonesia was based on the UN convention, where on January 26, 1990, in New York, the Indonesian Government signed the 1989 Convention on the Rights of Children. Thus, to protect children through criminal law, paying attention to the principles in the Convention on the Rights of the Child has been the norm. The Child Protection Law in Indonesia has regulated the age limit for a child who can be held accountable. The existence of provisions regarding the minimum age limit for children in the law is what is required by international documents, especially regarding the minimum age of criminal responsibility, namely at least 12 years. Such provisions are parallel to The Beijing Rules, which recommend an age limit that is not too low. The problem is the provision of the law that children under 12 years (meaning between 8-12 years) can still be processed for trial and can be subject to action. Even at the age of 8 years, it is still possible to process. The problem is whether the eight-year age limit needs to be higher. Even though they were not punished and were only subject to action, the experience during the process of being submitted to trial did not bring stigma and negative impacts for children of young age. Based on Islamic law notes, this article found that child-friendly justice

Criminal responsibility and profile of Turkish firesetters with schizophrenia

This study aimed to examine a subgroup of Turkish firesetters diagnosed with schizophrenia spectrum disorders (SSD) for their motives, individual and offense-related characteristics and courses of action, and their association with expert assessment of criminal responsibility. A cohort of 50 arsonists with SSD, who underwent assessment for criminal responsibility by the Council of Forensic Medicine in Turkiye between 2009 and 2022, was analyzed using a comprehensive retrospective file review. Multivariate analyses indicated that being female, older, experiencing hallucinations at the time of the offense, having a primary diagnosis of SSD other than psychotic disorder not otherwise specified, and no prior convictions were associated with a higher likelihood of being found not criminally responsible. Singling out a definitive profile of SSD arsonists without criminal responsibility is challenging. Our findings, based on forensic expert assessments, suggest that positive psychotic symptoms and criminal history play crucial roles in determining criminal responsibility in this group.

JINOYATGA SUIQASD QILISHDAN IXTIYORIY QAYTISHGA OID KONSEPTUAL QARASHLAR

The issue of voluntary renunciation from the stage of attempted crime is complex. Since the doctrine of criminal law divides attempted murder into completed and incomplete, it is appropriate to consider the issue of voluntary renunciation from each type of murder separately. It is known that the doctrine of criminal law establishes that it is impossible to renunciation voluntarily after a completed murder. However, in recent years of scientific research a point of view on the possibility of voluntary renunciation and exclusion of criminal responsibility is put forward. It should be noted that this point of view is scientifically and theoretically controversial, on the basis of the analysis of the norms of criminal law theory and case law the author’s position is formed on the basis of the analysis of opinions on voluntary renunciation from the stage of attempted crime. According to the results of the study, the author came to a number of conclusions. The corpus delicti of the crime is relevant to determine the presence of voluntary renunciation from the commission of a crime. Voluntary renunciation from the incomplete phase of murder is possible and does not entail criminal responsibility. Also the possibility of controlling the development of a person’s offense in a voluntary renunciation from the attempt; the presence of a time interval between the act and the risk of socially dangerous consequences; a number of circumstances should be taken into account, such as the active implementation of voluntary renunciation.

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.

Protecting Home Loan Seekers in South Africa: Combating Unlawful Mortgage Lending Practices by Financial Institutions

All over the world, home loans and mortgages are part and parcel of the products and services being offered by the financial institutions-such as banks and homeowner mortgage institutions to their numerous customers. Prior, during and post home loan transactions, they owe their customers the duty to ensure full disclosure of all the terms and conditions in the mortgage agreements without withholding any information. This paper examines any act contrary to uberrimae fidei-utmost good faith in the transactions. Uberrimae fidei requires the highest standard of good faith on both the lender and borrower to disclose all material facts that could influence the decisions of the other party in seeking and granting home loans and mortgages. Failure might result in severe consequences by exploring both the civil and criminal responsibilities and liabilities of the party who acted mala fide-in bad faith. Against this backdrop, this paper examines the protection offered by the laws to ensure level playing field prior, during and after mortgage lending transactions.

Інститут реабілітації незаконно засуджених осіб як важлива компонента розвитку правової системи України

This article examines the institution of rehabilitation of illegally convicted persons in the legal system of Ukraine. It was determined that the rehabilitation of illegally convicted persons in the legal system of Ukraine is an important step for ensuring justice and restoring trust in justice. It has been studied that the institution of rehabilitation of illegally convicted persons plays an important role in the legal system of Ukraine, having a significant impact on the development of justice and the protection of human rights. It is highlighted that the purpose of rehabilitation is to make decisions that will contribute to the full or partial restoration of all rights and freedoms of illegally convicted or illegally persecuted persons, as well as compensation for property and moral damage caused to them, and their integration into society as full-fledged citizens. The main values of the institution of rehabilitation of illegally convicted persons in the legal system of Ukraine are highlighted: 1) restoration of justice; 2) provision of compensation; 3) strengthening of trust in the judicial system; 4) prevention of judicial errors; 5) guaranteeing human rights. The article emphasizes two types of rehabilitation: 1) full rehabilitation, which provides for the complete release of a person from criminal responsibility or from serving a sentence (after an acquittal is rendered or after the proceedings are closed on rehabilitation grounds); 2) partial rehabilitation - occurs when only some measures of procedural coercion are recognized as illegal, but the criminal proceedings are ongoing at the same time. It is concluded that the institution of rehabilitation of illegally convicted persons in the legal system of Ukraine is a key mechanism for ensuring justice and protecting human rights. It is designed to restore the violated rights and freedoms of victims, giving them the opportunity to rehabilitate in society and return to a normal life. This institution also plays an important role in improving citizens' trust in the judicial system and state institutions.

Analisis Hukum terhadap Pertanggungjawaban Pidana Pelaku Penggelapan Pajak Pertambangan

In the world of mining, the reality is often inseparable from the challenge of tax evasion. This practice can harm a country's economy, hinder development, and create inequality in wealth distribution. The purpose of this study is to determine the definition and elements of the criminal act of tax evasion in the context of mining, how criminal responsibility is imposed on the perpetrators of mining tax evasion based on applicable laws and regulations, and the impact of mining tax evasion on the country's economy and society. The method used in this research is to use normative legal research methods, especially library legal research. This research is based on the use of library materials as the main source of information. The results of this study found that tax evasion in the context of mining refers to deliberate actions to avoid or reduce tax payments that should be paid to the state, in violation of tax laws. In Law Number 28 Year 2007, the criminal offense of tax evasion, mainly described in chapter VIII article 38 to article 43, details the handling steps and sanctions for perpetrators. If someone is involved in tax evasion, the handling will refer to the provisions of the tax law, especially article 38. Tax evasion in the mining sector can have serious impacts on the country's economy and society. The impacts include a reduction in state revenue, inhibition of infrastructure development, socio-economic inequality, a potential decrease in investment, an increase in the tax burden for the compliant, a decrease in public trust, environmental impacts, and potential difficulties in law enforcement.

Recognising Cyber Blockades as Crimes Against Humanity: Can International Criminal Law Keep Up?

As a result of the heavily digitalised world on top of our increasing online presence and interconnectedness, states and civilian populations are becoming more and more vulnerable to cyber attacks. It is thus imperative to examine the dangers large scale cyber attacks pose with respect to their contribution to potential human suffering. As such, these large scale cyber attacks, especially a cyber blockade, may be able to constitute an international crime. The Prosecutor of the International Criminal Court announced at the Digital Front Lines conference that his office is willing to investigate cyber operations as potential war crimes given that they are capable of causing severe consequences akin to kinetic warfare. (Yoon Onn, 2023) This is the first significant step towards recognising the harmful effects of malicious cyber operations as international crimes. However, not only is the Rome Statute itself silent on cyber operations as potential international crimes, the ICC has not yet seen a case concerning malicious cyber activities as either a war crime or as a crime against humanity. As such, the central question the paper seeks to answer is whether the Rome Statute could potentially encompass cyber blockades as the crime against humanity of “other inhumane acts” under Article 7(1)(k) of the Rome Statute. The paper looks at crimes against humanity for three reasons: firstly, Karim Khan KC has already touched on cyber attacks potentially prosecuted as war crimes, as mentioned above, thus the knowledge gap is gradually being bridged with respect to war crimes. Secondly, there is an absence of any regulatory framework should a cyber blockade be unleashed in peacetime, where international humanitarian principles do not apply. Thirdly, establishing a cyber blockade as a crime against humanity would lead to greater individual criminal responsibility as opposed to a war crimes conviction. This, in turn, would send a strong deterrent message in both war and peace.

Measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility

The article deals with the measures of a criminal legal nature, which are applied for criminal offences that encroach on pharmaceutical activity, outside the limits of criminal responsibility.
 In the opinion of the author, such measures of a criminal legal nature are beyond the scope of criminal responsibility, such as: exemption from criminal responsibility; restrictive measures applied to persons who have committed domestic violence; coercive measures of a medical nature; coercive educational measures; forced treatment; special confiscation; measures of a criminal legal nature against legal entities.
 Attention is focused on the fact that clarifying the specifics of the application of some of these measures is directly related to the implementation of the norms of the Criminal Code of Ukraine, which provide criminal legal protection of pharmaceutical activity in Ukraine. After all, the relevant norms of the Special Part of the Criminal Code of Ukraine provide for special types of exemption from criminal responsibility (Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine), and the definition of the concept of special confiscation in Part 1 of Art. 96-1 of the Criminal Code of Ukraine directly includes its application for certain types of the mentioned criminal offences.
 The article considers the specifics of the application of special confiscation (in particular, for such types of criminal offences that encroach on pharmaceutical activity and are provided for in Parts 2-5 of Art. 134, Art. 138, 142, 305, 306-308, Parts 2, 3 of Art. 309, Art. 312, 314-317, 320, 321, 321-1, 321-2, 322, Parts 2-4 of Art. 323, 324 f the Criminal Code of Ukraine).
 The author paid special attention to the specific content of the prerequisites and grounds in the legal constructions of special types of exemption from criminal responsibility provided for in Part 4 of Art. 307, Part 4 of Art. 309, Part 4 of Art. 311, Part 5 of Art. 321, Part 4 of Art. 321-1 of the Criminal Code of Ukraine.
 The author substantiates the relevance of the application of criminal-legal measures against a legal entity for the commission by an authorized entity of a legal entity on behalf and in the interests of this legal entity of criminal offenses provided for in Art. 142, 306, 307, 311, 312, 320, 321, 321-1, 321-2, 322 of the Criminal Code of Ukraine.

"Systematic Nature" of domestic violence: issues of interpretation

The article examines the interpretation of the characteristic of «systematic nature» in the commission of such acts. The authors note that since the enactment of the law on criminal responsibility for domestic violence, there has been no unified approach in criminal legal doctrine and judicial practice regarding the criteria for establishing the systematic nature of the act. This lack of consensus has led to errors in distinguishing between administrative offenses under Article 173­2 of the Code of Ukraine on Administrative Offenses (hereinafter - CAO) and criminal offenses under Article 126-1 of the Criminal Code (hereinafter - CC) of Ukraine.
 The article analyzes a range of theoretical and practical questions, the resolution of which is crucial for the accurate qualification of actions as one of the key prerequisites for achieving justice and ensuring the rule of law. These questions include: 1) what quantity of acts (of any form of domestic violence) indicates systematic nature, and thus provides grounds for qualification under Article 126-1 of the CC of Ukraine? Does systematic nature (as a basis for qualifying the act under Article 126-1 of the CC of Ukraine) involve the prior imposition of administrative liability on an individual for committing domestic violence? 2) if the acts are systematic (occurring three or more times) but do not result in the consequences specified in Article 126-1 of the CC of Ukraine, is it an administrative offense or a crime? 3) does the systematic nature of committed acts (three or more times) imply a presumption of the occurrence of consequences as specified in the disposition of Article 126-1 of the CC of Ukraine?
 The authors establish that due to the absence of a unified approach to defining the content of quantitative and qualitative criteria for the systematic nature as a criminalizing feature of domestic violence, errors occur in holding individuals criminally responsible. This situation necessitates a unified approach to this issue. To address this, the authors propose formalizing this characteristic by amending Article 126-1 of the CC of Ukraine with a note containing a clear definition of the quantitative and qualitative criteria for the systematic nature of the act.

Problematic aspects of criminal prosecution for domestic violence

mestic violence.The article is devoted to the analysis of the features of bringing criminal responsibility for committing domestic violence. It has been proven that the establishment of criminal responsibility for committing domestic violence is important for the following reasons: firstly, from the point of view of protecting the rights of victims, since domestic violence is one of the most serious forms of violation of rights, it endangers social values, such behavior can encroach on mental and physical health, honor, dignity, sexual freedom and sexual integrity; secondly, its establishment is part of Ukraine’s international obligations; thirdly, when domestic violence is criminalized, victims are more likely to seek help from law enforcement agencies, they are certain that their complaints will be carefully considered and their rights will be protected; fourth, criminalizing domestic violence helps prevent illegal behavior. At the same time, there are still certain problematic aspects related to bringing criminal responsibility for committing domestic violence. The mentioned actualizes the research of the chosen issue.Special attention is paid to the importance of the Convention of the Council of Europe on the prevention of violence against women and domestic violence and the fight against these phenomena of 11.05.2011 in the establishment of criminal liability for the commission of domestic violence and the changes made to criminal and criminal procedural legislation in connection with bringing the legislation into compliance with the norms of the Convention.The statistical information of appeals regarding domestic violence and criminal proceedings considered by the court was analyzed. The problematic aspects of criminal responsibility for committing domestic violence include: 1.Establishing the systematicity of domestic violence. 2. Inefficient investigation. 3. Attribution of domestic violence to cases of private prosecution.It was concluded that the criminalization of domestic violence is a significant step on the way to European integration, Ukraine’s fulfillment of international obligations, and protection of victims of domestic violence. Taking into account the shortcomings and challenges that have arisen in connection with bringing guilty persons to criminal responsibility, it is proposed to carry out the following measures: firstly, the development of a clear judicial practice in the matter of establishing systematicity as a sign of a criminal offense provided for in Article 126-1 of the Criminal Code of Ukraine, secondly, the formation of a non- discriminatory attitude towards victims among law enforcement officers and, in general, the formationof intolerance to any manifestations of domestic violence in society; third, the exclusion of domestic violence and crimes related to domestic violence from private prosecution cases.

Subjects of preventing and countering criminal offenses related to corruption: functioning problems and prospects for improving the legal status

The article examines the subjects of prevention and counteraction to criminal offenses related to corruption. The author establishes that these are not only specialized law enforcement and judicial institutions (the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court), but also institutions of general jurisdiction (the National Police of Ukraine, courts of general jurisdiction), as well as other entities, including government agencies, various categories of authorized persons, whistleblowers, and civil society institutions. Despite the fact that Ukraine operates a three-tier anti­corruption system (the National Anti-Corruption Bureau of Ukraine, the Specialized Anti-Corruption Prosecutor's Office, the High Anti-Corruption Court), which is a countermeasure to elite corruption, the main burden of detection and prosecution for criminal offenses related to corruption, entrusted to the investigators of the National Police of Ukraine, who investigate relevant criminal proceedings, and district or inter-district courts, which conduct judicial review of these proceedings. However, quantitative indicators of criminal prosecution of persons who have committed criminal offenses related to corruption do not always provide the necessary results. Individual facts of bringing to criminal responsibility officials occupying a responsible or particularly responsible position are important, as this can have a significantly greater preventive effect on the subjects of the declaration in order to prevent them from committing corruption or corruption-related criminal offenses.
 Based on the results of the analysis of the problems of the functioning of the specified subjects, the prospects for improving their legal status have been determined: 1) to create a mechanism for rewarding whistleblowers not only for corruption crimes, but also for criminal offenses provided for in Art. 366-2 of the Criminal Code of Ukraine; 2) ensure the institutional independence, separation of the head of the authorized unit (authorized person) by subordinating him/her directly to the National Agency for the Prevention of Corruption; 3) expand the powers of authorized divisions (authorized persons) in the area of declaration; 4) supplement the Law of Ukraine "On Prevention of Corruption” of October 14, 2014 with the main tasks of the person responsible for the implementation of the anti-corruption program.

Peculiarities of international criminal liability: legal realities and past experience

The relevance of the topic of international criminal responsibility in the modern context is emphasized not only by the need to improve the mechanisms of legal response to violations of the international legal order but also by the need to develop and apply effective strategies to combat the most important crimes. Crimes against humanity, war crimes, and genocide are catastrophic manifestations of violations of the basic principles of humanity and international law, which require immediate and decisive measures to ensure the accountability of those responsible for such acts.
 In the conditions of a constantly changing world order and new challenges facing the international community, the proper study and analysis of legal realities and experience in the field of international criminal justice acquires importance.
 In the context of the evolution of international criminal law and the deepening of international cooperation in the field of justice, this study sets itself the task of identifying and analyzing the trends in the development of international criminal responsibility, focusing on the need to improve existing tools and define new strategies for ensuring the effectiveness of justice in the context of changing challenges in the modern world.
 This research, aimed at promoting understanding and solving modern challenges in the field of international criminal responsibility, is of great practical importance for the development of effective measures to counter international crimes and to hold accountable those who commit such violations.
 The main importance of this study lies in the fact that it contributes not only to the scientific understanding of the theoretical aspects of international criminal responsibility but also to the formulation of practical recommendations for improving the existing mechanisms of countermeasures and bringing guilty persons to justice. The scientific contribution to this topic will allow us to develop and implement new strategies for ensuring justice, as well as to determine the ways of further development of this complex and important field of international law.