Illegal Influence Research Articles

OBTAINING TESTIMONY OF A WITNESS IN CONDITIONS THAT ENSURE HIS SAFETY IN CRIMINAL PROCEEDINGS

The scientific article is devoted to the study of procedural, organizational-tactical and psychological features of obtaining witness statements in conditions that ensure his safety in criminal proceedings. It was concluded that the tactics of obtaining statements during the interrogation of a witness at the stage of pre-trial investigation are formed depending on the typical interrogation program of a person who is in the status of a witness (eyewitness, witness, expert, whistleblower, confidant, etc.), his age, and depends on the investigator situations in specific criminal proceedings, from real and potential threats to such persons, their relatives and relatives. It is noted that in the case when there are sufficient grounds to believe that the life, housing, health, property of the witness, his family and relatives are in danger, his interrogation should be conducted in conditions that ensure the confidentiality of personal information. It is emphasized that when deciding on the question of conducting an interrogation of a witness, it is worth giving priority to the safety of the witness, his family and friends, without risking the loss of potential evidence. Arguments are given that, for tactical reasons, it is expedient to question a witness in a court session by an investigating judge during a pre-trial investigation, or in the mode of a video conference using technical means from another room, in particular outside the court premises, to ensure the confidentiality of personal information. It was emphasized that obtaining objective information from minors and ensuring their safety at the same time depends on the skillful organization by the investigators of the procedure of questioning such a witness with the participation of a legal representative and a psychologist, as well as taking measures to ensure the confidentiality of information about the minor. In cases where a witness declares illegal influence after testifying, in order to keep information about his identity confidential, it is advisable to conduct the interrogation again with the assignment of the pseudonym of the participant in the investigative (search) action to the witness. In order to expand the procedural capabilities of the witness and his representative, in particular with regard to ensuring the safety of the witness due to the existence of a danger to life and health, the position is advocated for granting the right to the witness and his legal representative to apply to the investigating judge with a request to interrogate such a person in a court session in order Art. 225 of the Criminal Procedure Code of Ukraine, in particular the simultaneous interrogation of two or more already interrogated persons.

State migration policy of the Russian Federation: criminal law risks

The article examines criminal legal methods of countering new criminal threats arising as a result of the growing scale of international migration. The author analyzes the content of the Concept of State Migration Policy of the Russian Federation in the context of identifying sources of danger to society and the state as objects of criminal legal protection. The work identifies modern criminogenic risks in the form of lobbying activities in the migration sphere, the provision of illegal influence by national diasporas on public authorities. Approaches to defining the concept of lobbying, its models and types are covered. The need to include in the Criminal Code a rule on liability for unlawful lobbying is noted. The article makes a distinction between diasporas and ethnic criminal groups. It is recommended to supplement Art. 63 of the Criminal Code by such aggravating circumstances as the commission of a crime by a foreign citizen who previously violated the rules of entry or stay in the Russian Federation, his arrival on the territory of the Russian Federation for the purpose of committing a crime.

Independence of judges as a constitutional principle and deontological basis of the judicial profession

A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.

On the issue of the latency of corruption crimes in the field of physical culture and sports

The article analyzes the main reasons for the latency of crimes in the field of physical culture and sports. The authors, in general, note that the situation has not changed significantly even ten years after the legislator adopted the first attempt to improve the norms aimed at combating the illegal influence on the result of sports competitions. Among the reasons for the latency of crimes, the authors attributed the closeness of the sports system and the peculiarities of the relationships between its participants; shortcomings of the blank legislation; lack of initiative on the part of law enforcement agencies. The inconsistency of legislative decisions in terms of strengthening the repressive potential of criminal law and blanket legislation and the simultaneous legalization of a closed procedure for the consideration of disputes in sports is noted. In addition, the authors note ambiguous approaches to the identification, suppression and investigation of the investigated encroachments by the criminal justice authorities, explore regulatory options for improving the norm of unlawful influence on the results of sports competitions, analyze issues of countering other corrupt manifestations in the field of sports functioning.

Гарантии деятельности членов общественных палат (советов) в России: современные проблемы и перспективы развития

The article touches upon the issue of current problems and prospects for the development of the guarantee system for the activities of Public Chambers (Councils) members in Russia at various levels. The relevance of the topic is due to the fact that the efficiency and effectiveness of the work of the members of these subjects of public control largely depends on the processes of ensuring the implementation of their powers in full, as well as in excluding the possibility of illegal influence on these persons by both representatives of the objects of public control and third parties. The paper examines the reasons for the consolidation of the above-mentioned guarantees, their author’s classification is carried out and justified, various points of view regarding the content and limits of these guarantees are considered. The author identified and formalized the main problems that prevent the consolidation and implementation of guarantees for the activities of members of public chambers (councils) in Russia, developed and justified a system of measures to resolve them.

Judicial self-government in Ukraine

This article is devoted to the study of judges in Ukraine, the order of their employment in administrative positions. Being a judge of the relevant court is not only a profession, it is an observance of the rules of conduct that must be observed every day both in one’s work and in one’s personal life. The judicial profession differs from other professions, a judge must be guided only by procedural law. Also, when administering justice, a judge cannot depend on the legislative and executive bodies as a whole. It will be appropriate to consider the issue of a judge in an administrative position. And determine their order of appointment to the relevant position in the court. Today, the issue of judges in administrative positions is very extensive and requires additional research. The draft law “On restoring trust in the judicial system of Ukraine” was developed with the aim of ensuring the implementation of guarantees of the independence of judges, as well as reducing illegal influence on judges who hold administrative positions, the relevant courts, restoring trust in society, as well as in the judiciary. Therefore, the achievement of the goal is proposed through the adoption of the specified law. It provides for the term of holding an administrative position in the courts of cassation up to three years, and also establishes restrictions on the possibility of the same person occupying the position of the head of the court for two consecutive terms. But the main Law of Ukraine for regulating the appointment of judges to administrative positions is the Law of Ukraine “On the Judiciary and the Status of Judges”, which regulates issues related to all judges. Well, let’s summarize the above-mentioned law, which entered into force on March 28, 2015. Part 4 of Article 20 of Law No. 2453, as amended by Law No. 192, stipulates that a judge elected to an administrative position in the manner specified by this article cannot hold one administrative position of the corresponding court for more than two terms in a row. In connection with the adoption of this draft law, on January 4, 2023, the Verkhovna Rada of Ukraine registered an alternative draft law 8296-1 on the election of court presidents, in which it is proposed to provide for the possibility of early dismissal of the court president from office by the Council of Judges of Ukraine, in case of non-compliance with the restrictions on holding the office the chairman of the court is a judge who has already been elected for more than two terms in a row. This Draft Law proposes that judges of all courts of the country (from local courts to the High Anti-Corruption Court and Cassation Courts as part of the Supreme Court) elect presidents and deputy presidents of courts for a period of 4 years, but only the head of the Supreme Court will personally approve them. Key words: state, judge, procedure for appointing judges, administrative position, judicial power, justice, legal status of judges.

ПРАВО НА ПРАЦЮ ОСІБ З ІНВАЛІДНІСТЮ: МІЖНАРОДНИЙ ДОСВІД КРИМІНАЛЬНО-ПРАВОВОГО ЗАБЕЗПЕЧЕННЯ

The article examines the criminal law and criminological protection of the right to work of persons with disabilities. It is indicated that in a number of norms the legislator singles out the specifics of the protection of the rights of persons with disabilities. In particular, this was implemented by establishing certain privileges in terms of the appointment of certain types of punishment (Part 3 of Article 56 of the Criminal Code of Ukraine, Part 3 of Article 61 of the Criminal Code of Ukraine), recognition of the commission of a criminal offense in relation to them as a circumstance that aggravates the punishment (Part 6 of 1, Article 67 of the Criminal Code of Ukraine), prohibition of discrimination based on disability (Article 161 of the Criminal Code of Ukraine), etc. At the same time, in the area of protection of labor rights, specially qualified liability for gross violation of labor legislation is excluded for persons who raise disabled children (Part 2 of Article 172 of the Criminal Code of Ukraine). A fairly wide list of international legal documents aimed at protecting the rights of persons with disabilities indicates the formation of a tolerant legal society, the main goal of which is to create a safe environment in which not only discrimination on any grounds, but also any other illegal influence on constitutional rights citizens may be held criminally liable. It is noted that there is reason to believe that the lack of strategies or separate programs for the prevention of criminal offenses against the labor rights of citizens is explained by the lack of mutual consistency between the norms of criminal and labor legislation, which is due to a significant time interval between the adoption of the specified legal acts. It was concluded that the actual existence of a number of provisions aimed at protecting the rights of persons with disabilities does not legally solve any problem related to the elimination of criminogenic threats in terms of the protection of labor relations. Proposals for improvement of criminal legislation are presented.

Legal assistance to judges during military conflicts

The article is devoted to the peculiarities of providing legal assistance to judges, including during military conflicts. It is noted that the workload of courts with a large number of cases to be resolved was largely due to military aggression and the existing shortage of judges. Given the provisions of the Code of Judicial Ethics, it is necessary to avoid any illegal influence on a judge's professional activity and the difficulty of complying with the requirements for tact, endurance and respect for judges and others. An attempt has been made to analyze the most common categories of cases in which judges are parties to the case. Taking into account the data on a significant number of cases in the Unified State Register of Judgments, it was deemed expedient to structure them as follows: 1) cases concerning appeals against decisions of the High Council of Justice and the High Qualification Commission of Judges of Ukraine; 2) cases on appeal against dismissal of a judge; 3) cases concerning the recovery of a judge's fee; 4) cases on recovery of payments of due sums of money in connection with the legal consequences of satisfaction of the judge's resignation application; 5) cases related to the probable commission of a corruption act by a judge. The classification of these cases is not exhaustive and can be structured in another way, taking into account the possibility of changing the range of legal relations, the participants of which are the holders of judicial power.

Foreign experience of legal regulation of illegal influence on the results of official sports competitions

The purpose of the research is devoted to the criminological description and explanation of the state of illegal influence on the results of official sports competitions in Ukraine. Main content. An ultra-high level of latency of crimes according to Art. 369-3 of the Criminal Code of Ukraine is found, which is at least 99% of their actual level. The structure of match-fixing was revealed and analyzed depending on the type of sport, the method of illegal influence on the results of official sports competitions, as well as the subjects of bribery. The characteristic of the corresponding structural units is given. Methodology: Materials and methods research based on the analysis of documentary sources. the basis is the dialectical method of cognition of the facts of social reality, on which the formal legal and comparative legal approaches are largely based. Conclusions. The most intense criminal match-fixing is practiced in such kinds of sports as football, futsal, basketball and volleyball. Among the ways to encourage athletes to commit illegal acts, bribery predominates (75%). Approximately at the same level in terms of prevalence with small fluctuations in specific weight are structurally located such ways of influencing athletes as incitement (10%), conspiracy (8%) and coercion (7%). In general, illegal influence on the results of official sports competitions on bribery is directed directly at athletes. In total, the share of such influence is 78% with a slight predominance of bribery of several athletes (players) of one team (40%) over bribery of an individual player (38%). In second place in terms of ranking - bribery of members of the coaching staff (10%). Then bribery of judges (5%), owners of sports clubs (5%), support staff of clubs (2%).

On the Quality of Criminal Law Regulation of Liability for Extremism and Ideological Extremism

Although the legal acts of recent years often use the concept of «ideological extremism», none of them contain its definition. The author attempts to describe its contents by analyzing both Russian and international legislation on counteracting extremism. It is concluded that the definition of extremism is in fact lacking in the Russian legislation, and the following definition is formulated: extremism is the ideology and practice of illegal influence on the bodies of power and citizens motivated by national (ethnic), religious, racial and (or) political hatred. Correspondingly, it is suggested that ideological extremism should be understood as extremism in ideology, i.e. a system of ideas based on hatred or animosity. Since religion is immediately related to the ideology of believers by forming it, it is proven that the most dangerous type of ideological extremism is religious extremism. In order to improve the quality of criminal law regulation of liability for extremism (ideological extremism) it is suggested that the concepts «extremism» and «extremist activities» should be delineated in legislation (they are used as synonyms today), as is the case with independently used concepts «terrorism» and «terrorist activities». In doing so, the extremist activities encompassing crimes named «crimes of extremist orientation» in the Criminal Code of the Russian Federation (note 2 to Art. 282.1) should be declared as criminally prosecuted. Besides, it makes sense to pay attention to the experience of the Convention on Combating Extremism that uses the concept «extremist act» alongside the concept of «extremism». Obviously, Art. 280, 282.3 of the Criminal Code of the Russian Federation should have provided liability, for example, not for public calls to extremist activities (extremism) or its financing, but for public calls to carry out an extremist act or for its financing. Lawmakers and law enforcement should also pay attention to the continuous growth and obvious prevalence of the motives of hatred and (or) animosity in crimes of extremist orientation (crimes of extremist character). The author supports the criminological feasibility of giving these motives the significance of an independent qualifying feature in some violent crimes, primarily, a terrorist act (Art. 205 of the Criminal Code of the Russian Federation).

Trial by Jury: Free Choice of the Accused

The paper explores the problem of out-of-procedure influence on the accused when he is making a decision if it is necessary to consider his case in court with the participation of jurors. The author considers various points of view of practicing lawyers, the results of judicial statistical data and makes the following conclusions. Since the procedure for considering a criminal case with the participation of jurors in terms of complexity, costs of both organizational and material nature far exceeds the ordinary procedure of legal proceedings, there has formed a vicious practice of illegal restriction of the freedom of choice of the accused. Thus, the accused is warned that in case of choosing a trial with the participation of jurors he will get the maximum possible punishment if they render a guilty verdict. As a result, the accused either does not file a petition for consideration of his case with the participation of jurors at all, or refuses an already filed petition. Thus, it is necessary to consolidate the guarantees of the accused’s free choice of this form of legal proceedings at the regulatory level. It is necessary to develop a mechanism that excludes the possibility of out-of-procedure influence if the accused wishes to involve representatives of the citizens in the consideration of his case. To solve this problem, the author proposes the following model. At the request of the defendant, representatives of the citizens should be involved in resolving the issue of sentencing him. In the event of a guilty verdict, two randomly selected jurors, together with the presiding judge, decide all the issues necessary for sentencing. The proves that with this approach, illegal influence on the accused loses all meaning, since all participants in the process will be aware of his right to involve his fellow citizens in the sentencing procedure, his individualization.

Illegal influence on the results of sports competitions: comparison with foreign legislation

The purpose of the research is devoted to the criminological description and explanation of the state of illegal influence on the results of official sports competitions in Ukraine. Main content. An ultra-high level of latency of crimes according to Art. 369-3 of the Criminal Code of Ukraine is found, which is at least 99% of their actual level. The structure of match-fixing (Falsify the results) was revealed and analyzed depending on the type of sport, the method of illegal influence on the results of official sports competitions, as well as the subjects of bribery. The characteristic of the corresponding structural units is given. Methodology: Materials and methods research based on the analysis of documentary sources. the basis is the dialectical method of cognition of the facts of social reality, on which the formal legal and comparative legal approaches are largely based. Conclusions. The most intense criminal match-fixing is practiced in such kinds of sports as football, futsal, basketball and volleyball. Among the ways to encourage athletes to commit illegal acts, bribery predominates (75%). Approximately at the same level in terms of prevalence with small fluctuations in specific weight are structurally located such ways of influencing athletes as incitement (10%), conspiracy (8%) and coercion (7%). In general, illegal influence on the results of official sports competitions on bribery is directed directly at athletes. In total, the share of such influence is 78% with a slight predominance of bribery of several athletes (players) of one team (40%) over bribery of an individual player (38%). In second place in terms of ranking - bribery of members of the coaching staff (10%). Then bribery of judges (5%), owners of sports clubs (5%), support staff of clubs (2%).

Legal regulation of illegal influence on the results of official sports competitions: criminal aspect and international experience

The purpose of the research is devoted to the criminological description and explanation of the state of illegal influence on the results of official sports competitions in Ukraine. A reading of the high level of latency of crimes according to article 369-3 of the Criminal Code of Ukraine, evidence that it is at least 99% of its real level. The structure of match manipulation was revealed and analyzed according to the type of sport, the method of illegal influence on the results of official sports competitions, as well as the subjects of bribery. The characteristic of the corresponding structural units is given. Methodologically, the basis of the research is the dialectical method that serves to interpret social and legal phenomena through documentary sources. It is concluded that the most intense criminal match-fixing is practiced in sports such as football, futsal, basketball, and volleyball. Among the ways to encourage athletes to commit illegal acts, bribery predominates (75%). At about the same level in terms of prevalence with small fluctuations in specific weight are structurally found ways to influence athletes such as incitement (10%) and conspiracy (8%).

FEATURES OF STATE PROTECTION PARTICIPANTS IN CRIMINAL PROCEEDINGS IN RUSSIAN FEDERATION

Criminal activity in the modern world is developing at a very fast pace and in practice there are situations when criminals influence participants in criminal proceedings in order to conceal the real facts regarding their criminal behavior. In this context, the mechanisms of state protection of participants in criminal proceedings are of particular importance in order to exclude various forms and methods of unlawful influence on their functioning in the framework of the relevant proceedings. The above-mentioned institution has existed in Russian criminal procedural practice not so long ago, however, a significant increase in the number of applications for state protection objectively necessitates its improvement, taking into account the existing realities. Criminal influences on various participants in criminal proceedings can significantly complicate investigative activities and negatively affect the results of the proceedings. The purpose of writing a research paper is to identify the features of the organization and implementation of a set of protective measures in relation to the participants in the proceedings. The author comes to the conclusion that the institution of state protection of participants in criminal proceedings is essential for the effectiveness of criminal proceedings in Russia. Attention is focused on the need to improve the mechanism of state protection of the aforementioned persons in the context of the dynamic development of criminal practice and the availability of many new methods of illegal influence. On the basis of the conducted scientific research, the essential features of the current institution of state protection of participants in criminal proceedings have been identified, which it seems obligatory to take into account in the further development of appropriate protective mechanisms, taking into account the transformation of the Russian criminal legal system.

Analysis of the monopolization level of raw material exports of Ukraine


 
 
 The formation of a competitive national economy of Ukraine is hindered by a weak system of monopoly control. The activities of oligarchic clans stimulated political lobbying, illegal influence on the management of independent enterprises, their raider capture, which led to a slowdown in Ukraine’s technical progress, an increase in the hidden economy and a decrease in its efficiency. The current trend of increasing exports of raw materials and the monopolization of major export industries makes Ukraine’s economy even more dependent on the activities of several monopolists. The aim of this work was to analyze the level of monopolization of the main Ukrainian export categories – agricultural and iron industry production. Methods of this study were based on analysis of literature of the national authors, systematization and generalization of data of the State Statistics Service of Ukraine, the Antimonopoly Committee of Ukraine and other open sources. The study found that the agricultural sector of the Ukrainian economy has a dual structure – corporate (agricultural holdings) and individual farms (family farms and households), which are characterized by different directions of development. The analysis of the regional presence of agricultural holdings showed that the largest landowners cultivate land plots in almost all regions of Ukraine. At present time in the agro-industrial sector of Ukraine corporate landowners control 18.4% of arable land, exist in the form of vertically integrated holdings specializing in the cultivation of export-oriented crops. The study found that specific location of minerals explains the geographical location of iron industry enterprises in Dnipro, Donetsk, Poltava and Zaporizhia regions. However, the geography of the place of registration of these holdings or their parent companies includes Cyprus, the United Kingdom, the Netherlands and Switzerland. The group of companies Metinvest occupies an informal monopoly position in the market of ore mining and steel production in Ukraine. Thus, the main items of Ukraine’s exports are under control or are significantly influenced by a small number of vertically integrated holdings, which may indicate a low level of competition. In these circumstances, one of the most important functions of the state in this area is to maintain a competitive environment and limit monopolies. At the same time, the lack of quality legislation does not allow the state to fully regulate and influence the real situation in the country.
 
 

РЕАКТИВНИЙ РОЗЛАД ПРИВ’ЯЗАНОСТІ ЯК ДЕРМІНАНТА ВІКТИМНОЇ ПОВЕДІНКИ НЕПОВНОЛІТНІХ

The article is devoted to the consideration of the correlation between reactive attachment disorder and victim behavior of a minor. The author considers the main types of such a disorder and, depending on them, differentiates the type of victim of a criminal offense. It is noted that the lack of close emotional connection with the mother leads to a simplification of the worldview and destructive changes in the set of moral values. A child who is brought up in harsh conditions and placed in a certain framework gradually begins to feel discomfort, due to the inability to understand their place and role in family life, a value for their own parents. Such a situation can have two probable scenarios of further development: the first – the child will shut himself in and consider himself unworthy of the environment, friendship, love and recognition; second, the child will seek a spiritual replacement for parental love, and therefore will become vulnerable to people who will show affection and interest. It is pointed out that the formation in the mind of a juvenile victim of a criminal offense of the correct reaction to the wrongful influence and the generation of an adequate conditioned reflex to its negative consequences can be achieved by visualizing and gradually consolidating certain guidelines that form the algorithm necessary to avoid victimization. It turns out that the main reason for the victimization of such children is the emphasized protective compensation, which is aimed at overcoming the psychological trauma caused by dissatisfaction with the relationship with the mother. Adolescents who suffer from this type of disorder subconsciously seek to become victims, their behavior encouraging illegal influence. It is concluded that reactive attachment disorder can be considered an independent and full-fledged determinant of victim behavior of a minor. Disorders of reactive attachment can negatively affect several areas of adolescent life: emotional and volitional; intellectual; psychological. To date, the victim behavior of adolescents suffering from RAD is infantile (regressive), stimulating (fictitious-provoking) or situational. The reasons for victimization of such adolescents are their conformity, as well as transformational processes in the mind, caused by the wrong approach of parents to interact with their own children.

Criminal Influence and Problems of its Definition in the Criminal Code of Ukraine

The article researches the term “criminal influence” which was introduced to the Criminal Code of Ukraine (hereinafter – the CC of Ukraine) by the Law of Ukraine “On amendments to the Criminal Code of Ukraine regarding liability for crimes committed by criminal community”, and its correlation with the institute of complicity in a crime, in particular with objective elements of accomplices in a crime, as well as with illegal influence. The author concludes that there may be one narrow and two broad types of understanding of this term. Moreover, criminal influence may be considered not only from the criminal legal but also from the criminological point of view. Criminal influence is a part of the broader term of illegal influence. However, in contrast to other types of illegal influence, criminal influence, due to its social danger, is limited by the state specifically by the means of criminal law.The term of criminal influence introduced to the Ukrainian criminal legislation has serious gaps, so that it is extremely poor and practically inapplicable. Moreover, not only this term defined in the note to Art. 255 of the CC of Ukraine, but also corpus delicti provided for in Art. 255-1 of the CC of Ukraine (intentional establishment or dissemination of the criminal influence in society) should be substantially revised. The usage of general formulations and abstract concepts in the disposition of Art. 255-1 of the CC of Ukraine, as well as non-exhaustive lists of objective and subjective elements in the definition of the term of criminal influence violates the principle of legal certainty as a part of a broader rule of law principle. Bringing individuals to the criminal liability for committing crimes related to the criminal influence (intentional establishment or dissemination of the criminal influence in society and request for its application) or conviction of individuals for these crimes with a high probability will cause substantial violations of fundamental principles of criminal law and human rights.

Das PSPP-Urteil des Bundesverfassungsgerichts: Umfang der Übertragung von Souveränität und Überprüfung von Ermessensgebrauch

In its judgment of 5 May 2020, the German Federal Constitutional Court (FCC) has held that the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB), which started in 2015, and the relevant decision of the European Court of Justice (ECJ) of 11 December 2018, holding that the programme is compatible with European Union (EU) law, are ultra vires acts. Indeed, this decision is based on a French understanding of discretion which has previously been adopted in the European Treaties and according to which discretion is controlled only for undue, illegal influence. Today, the Treaties have adopted a review of discretion under the aspects of suitability, necessity, and appropriateness. Moreover, criticism at the decision of the FCC neglects that the accession to and the membership in the EU have to observe the thresholds of the respective national constitution, as its violation is not and may not be expected by the Union or any other Member State. Ultra vires acts of the Union, which remain uncorrected by the Union itself, are subject to disapproval and rejection by the constitutional court of any Member State.

DOPING AS A GLOBAL PROBLEM OF THE 21ST CENTURY ON ACCOUNT OF ITS ILLEGAL INFLUENCE ON THE RESULTS OF OFFICIAL SPORTS COMPETITIONS

The aim: The study of international and domestic practices of Ukraine concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions within the context of such means of its commission as the use of doping for the purpose of obtaining additional arguments to emphasize the benefit / the inexpedience of criminalization of such acts as quasi-corruption fraudulent activities. Materials and methods: The article implements doctrinal provisions of domestic and foreign scientific developments in relation to the liability for illegal influence on the results of official sports competitions by means of the use of doping as well as national and foreign criminal legislation, established law enforcement practices, and results of the sociological survey. For such purpose, the authors utilized the methods of analysis and synthesis, a comparative legal method, methods of survey and generalization of viewpoints, research findings. Conclusions: Authors have established the absence of necessity for the introduction of the criminal prohibition in respect of athletes for the use of doping for an entire span of their professional career as well as for the use of doping as the means for exerting illegal influence on the results of official sports competitions. The expedience of further studies has been ascertained by drawing from the experience of the EU, Australia, Canada, USA, and other countries concerning the legal regulation of liability for exerting illegal influence on the results of official sports competitions, legal consequences of the use of doping and corresponding law enforcement practices within the context of grounds and principles of criminalization of socially dangerous acts elaborated by the criminal law studies.

ТЕОРЕТИЧЕСКАЯ МОДЕЛЬ КРИМИНАЛИСТИЧЕСКОГО МЕХАНИЗМА ПРОТИВОДЕЙСТВИЯ ПРОТИВОПРАВНОМУ ПОСЯГАТЕЛЬСТВУ НА УЧАСТНИКОВ УГОЛОВНОГО СУДОПРОИЗВОДСТВА

This article considers a theoretical model of the forensic mechanism for countering illegal encroachment on the participants of the criminal process. Its relevance is determined by the need to study the forensic support of the process of safe participation of victims, witnesses, and other persons who contribute to criminal justice. The main structural elements of the theoretical model under consideration were identified. The views expressed by various researchers regarding the concept and essence of such a model were analyzed and used to shape the author’s approach to its development with the help of sociological, comparative legal, and structural forensic methods. Based on the results of the study, the main features (signs) of illegal encroachment on participants of criminal proceedings and the essence of the forensic mechanism for countering illegal encroachment were revealed. The results obtained are of great importance for research on the activities of the subjects of evidence aimed at applying various forensic tools and methods to overcome the illegal influence on the protected persons, as well as at ensuring their safety in criminal proceedings.