Prohibition Law Research Articles

Work context and drinking behavior in the French public service: a qualitative study.

Alcohol use disorders (AUD) are a major public health problem. Among the working population, alcohol is the most frequently used psychoactive substance, as well as the most inappropriately used. Alcohol consumption reduces the worker's psychophysical integrity, leads to an increase in inappropriate behavior, accidents and injuries, and affects the safety and health of other workers. Thus, the workplace must play an essential role in prevention. Particularly in France, in the civil service, a specific professional sector made up of many professionals exposed to stress, the prevention of AUD must play an essential role. The objective of this study was to describe the framework of alcohol consumption in the French public service in order to understand the sources of alcohol consumption behaviors and to identify the prevention measures to be implemented, in order to reduce the risk of transition to an alcohol use disorder. This descriptive qualitative study was based on focus groups. Sampling was purposive and data saturation was verified. Coding was "in vivo," descriptive and pattern-oriented. Analysis was inductive thematic, and the COREQ guidelines were followed. Firstly, the presence of alcohol in the workplace has been characterized by a before-and-after a prohibition law, and by the revelation of mechanisms for avoiding the ban. Then, the three main determinants for alcohol use disorders were: society, work and personal factors. Lastly, the prevention initiatives identified must be based on both collective and individual approaches. They must be encouraged by the hierarchy, include screening, accompaniment to care, and take into account both work in the workplace and work at home. The fight against work-related alcohol use disorders must be part of the corporate culture. Preventing alcohol-related disorders among civil servants will help fight the burden of non-communicable diseases.

Open grazing prohibition law, political economy of centralized law enforcement mechanism, and nomadic pastoralist-sedentary farmer relations in Nigeria

Open grazing prohibition law, political economy of centralized law enforcement mechanism, and nomadic pastoralist-sedentary farmer relations in Nigeria

Illegal logging or illegal transportation, storage, sale of forest: criminal and legal characteristics of the environmental offense

The article is devoted to the criminal and legal characterization of illegal logging or illegal transportation, storage, and sale of forest. The author identifies distinct features of the subject matter of the crime, such as: the integrity of trees and shrubs, their virginity, and the absence of age restriction criteria for felled trees and shrubs. The author formulates the criteria for attributing certain territories to the crime scene. The author emphasizes that the understanding of deforestation only as separation of a tree from the root leads to a narrowing of the scope of criminal law prohibition, since such actions as damage, uprooting, causing significant damage to the environment remain outside the scope of criminal liability. It is proposed to give a clear explanation of the meaning of the concept of “deforestation” in the note to Article 246 of the Criminal Code of Ukraine. The author emphasizes the critical remarks on the legislator’s expansion of the objective party, namely, the inclusion in the disposition of Part 1 of Article 246 of the Criminal Code of Ukraine, in addition to felling, of such actions as transportation, storage, sale of illegally felled trees or shrubs that caused significant damage. The author establishes that the legislative approach to the formulation of the material elements of a crime which are characterized by the above actions creates a number of problems in the process of qualifying an act. The author provides arguments that it is inexpedient to decriminalize transportation, storage, and sale of illegally felled trees or shrubs which caused significant damage, since such actions do not lose their public danger, especially in the context of the environmental situation complicated by the war. At the same time, the author does not support the view that it is expedient to establish administrative liability for transportation and storage of illegally felled trees and shrubs. It is proposed to differentiate criminal liability in this regard. Transportation, storage, and sale of illegally felled trees or shrubs should be provided for as a criminal offense with a formal composition (Part 1 of Article 246 of the Criminal Code of Ukraine), while excluding transportation and storage of illegally felled trees or shrubs from the disposition of Part 1 of Article 65 of the Code of Administrative Offenses as administratively punishable actions. Liability for illegal felling of trees or shrubs in forests, protective and other forest plantations which caused significant damage should be provided for in Part 2 of Article 246 of the Criminal Code of Ukraine (as a crime with material composition). It is found that the most common motives for this crime are mercenary motives.

Peculiarities of the legislative model of the criminal law prohibition of smuggling

The article is devoted to the study of the peculiarities of the legislative model of criminal prohibition of smuggling. It is stated that the emergence of new and modernization of existing methods of smuggling is due to the correlation of the State’s customs policy in connection with the full-scale invasion of the Russian Federation and the introduction of the legal regime of martial law. The purpose of this article is to provide a systematic analysis of the amendments and additions made to Section VII of the Special Part of the Criminal Code of Ukraine in terms of criminalization of smuggling, to determine their effectiveness and expediency, and to formulate scientifically sound recommendations for improving criminal law regulation of social relations related to smuggling. The author establishes that the main factors which influenced the process of recriminalization of commodity smuggling are: an increase in the number of manifestations of smuggling of goods and their unreliable declaration; a decrease in revenues to the State Budget of Ukraine; stimulation of unfair competition; entry of products of inadequate quality into the domestic market; an increase in the shadow economy in the public sector; criminalization of smuggling of goods in certain EU countries; ineffective application of administrative liability measures. The author analyzes the need to strengthen criminal liability for commodity smuggling at the level of the European Union as a whole. The author elucidates the approaches available in the criminal law doctrine to solving the problems associated with the introduction of criminal liability for commodity smuggling. It is substantiated that in case of any change in the system of current criminal legislation, it is necessary to justify this type of rulemaking, i.e. to assess the admissibility and appropriateness of a criminal law novelty. The author emphasizes that it is inexpedient to distinguish criminal law provisions on smuggling by the type of subject matter. The author concludes that the model of criminal legal prohibition of smuggling chosen by the legislator determines the differentiation of criminal liability, and at the same time is a manifestation of the shortcomings of legislative technique, since it gives rise to the emergence of legislative models of smuggling with different objects of criminal legal protection.

The Impact of Implementing the Law Prohibition of Interest-Based Transactions on the Financial Performance of the Sahara Bank

The Impact of Implementing the Law Prohibition of Interest-Based Transactions on the Financial Performance of the Sahara Bank

Особенности уголовно-правовой охраны интеллектуальной собственности в законодательстве некоторых зарубежных стран

The article examines the problems of regulating criminal liability for violation of intellectual property rights in foreign countries, examines approaches to criminal protection of intellectual property in various legal systems: Anglo-Saxon and Romano-German. The authors note that there is a global consensus that the field of intellectual property should be regulated, including criminal law, in order to protect the rights of intellectual property owners. Although there is some uniformity in national intellectual property laws, there are separate copyright laws and regulations in each jurisdiction. The work also explores various solutions and approaches to the problem of regulating criminal liability for violation of intellectual property rights, especially copyrights, in the national legislation of both developed Western countries - the USA, England, Spain, and neighboring countries - Belarus, Kazakhstan, Kyrgyzstan, Moldova, etc. A comparative legal analysis of the criminal law prohibition contained in Article 146 of the Criminal Code of the Russian Federation and similar norms in the legislative acts of some foreign countries has been carried out.

The objective side of the criminally punishable violation of legislation on plant protection

The article is devoted to the study of the elements of the objective side of the composition of a criminal misdemeanor, provided for in Art. 247 of the Criminal Code of Ukraine “Violation of legislation on plant protection”. The foreign experience of criminal protection of flora is partially highlighted. It has been established that within the framework of several criminal law prohibitions, in which damage to objects of plant life appears as one of the alternative consequences of encroachment on various spheres (elements) of the environment, the Criminal Code of the Federal Republic of Germany embodies a different from Art. 247 of the Criminal Code of Ukraine approach toward an end-to-end regime for the protection of plant life, which is a manifestation of law-making authenticity. It has been established that a similar approach was reflected in the project of the new Criminal Code of Ukraine. The content of the blanket disposition of Art. 247 of the Criminal Code of Ukraine is detailed; acts of regulatory legislation are listed, on which the law enforcement officer must rely when incriminating this criminal law prohibition; actions that can be regarded as a corresponding socially dangerous action – violation of the legislation on plant protection are specified. Based on the results of the analysis of the text of the criminal law and the limited practice of the corresponding law enforcement, both the justification of the construction of the disposition of the researched prohibition according to the blanket type, and the generally practical problem absence of its proper specification in the way of referring to a number of acts of regulatory legislation have been proven. Considerations regarding the content of severe consequences as an element of the objective side of the composition of the analyzed criminal offense against the environment have been expressed. The expediency of the existing legislative approach has been pointed out, according to which the delimitation of the composition of the criminal offense provided for in Art. 247 of the Criminal Code of Ukraine, from the composition of related administrative offenses has been carried out on the grounds of socially dangerous consequences. It has been established that Art. 247 of the Criminal Code of Ukraine remains among the “dead” prohibitions, the reasons for which must be clarified by criminological science. The opinion has been expressed that the problem of the inevitability of the criminal law response to the most dangerous violations of the legislation on plant protection lies not in the legislative, but in the law-enforcement sphere.

Некоторые правовые и организационные основы проведения оперативно-разыскного мероприятия «оперативное внедрение» при противодействии незаконному обороту наркотиков

Purpose: based on the analysis of the legal and organizational foundations of the operational investigative event "operational implementation", to reveal the essential feature of operational implementation; to show the importance of compliance with the conditions established by law for its implementation and to reveal some legal mechanisms for recognizing drug trafficking as legitimate during operational implementation in order to combat drug trafficking. Research methods: comparative legal, dogmatic, analysis of judicial practice, description. Conclusions: it is substantiated that the main essential feature of operational implementation is the permission to commit, in cases provided for by law, by the person being introduced as part of a drug community or in a personal capacity, acts in order to complete a task that objectively (formally) fall under the signs of acts provided for by a Special part of the Criminal Code of the Russian Federation. An obligatory sign of the legality of operational implementation, the conduct of which is objectively associated with a violation of a criminal law prohibition, is a resolution approved by the head of the body carrying out operational investigative activities. Scientific and practical significance: the possibility of using as a legal basis the recognition of acts committed by an embedded person as part of a drug community or in a personal capacity in order to complete a task, the provisions of legislation on necessary defense, on narcotic drugs and psychotropic substances, on the status of military personnel, on service in internal affairs bodies and on service in the penitentiary the system, as well as active repentance.

Cannabinoid Therapy in Athletics: A Review of Current Cannabis Research to Evaluate Potential Real-World Cannabinoid Applications in Sport.

The increasing legalization of Cannabis sativa plant products has sparked growing interest in their therapeutic applications. Prohibition laws established in 1937 hindered formal research on cannabis, a plant with cultural and medicinal roots dating back to 2700 BC in Chinese history. Despite regulatory hurdles, published research on cannabis has emerged; yet elite athletes remain an underrepresented population in these studies. Athletes, known for exploring diverse substances to optimize performance, are drawn to the potential benefits of cannabinoid therapy, with anecdotal reports suggesting positive effects on issues ranging from anxiety to brain injuries. This review aims to evaluate empirical published cannabis research with a specific focus on its potential applications in athletics. The changing legal landscape, especially the removal of cannabis from drug testing programs in leagues such as the National Basketball Association (NBA), and endorsements by Major League Baseball (MLB) for cannabinoid products and the National Football League (NFL) for cannabis research, reflects a shift in the acceptability of such substances in sports. However, stigma, confusion, and a lack of education persist, hindering a cohesive understanding among sports organizations, including business professionals, policymakers, coaches, and medical/training staff, in addition to athletes themselves. Adding to the confusion is the lack of consistency with cannabinoid regulations from sport to sport, within or out of competition, and with cannabis bioactive compounds. The need for this review is underscored by the evolving attitudes toward cannabinoids in professional sports and the potential therapeutic benefits or harms they may offer. By synthesizing current cannabis research, this review aims to provide a comprehensive understanding of the applications and implications of cannabinoid use in the realm of athletics.

Sources of specification and interpretation of the prescriptions of a special part of Russian criminal law

The article examines the system of formal sources of Criminal Law, which, during consideration and analysis, is thought of as a set of forms of expression of criminally relevant information, differentiated depending on the content of information, subjects of its presentation, purpose in the mechanism of criminal law regulation and clearly falling into two related groups: related to the criminal law prohibition in as a whole and to the composition of the crime. As the main conclusion, a system of formal sources of a Special part of Criminal Law is proposed, consisting of two groups of acts: a) normative acts, which are represented by sources of establishing a criminal law prohibition (the Criminal Code and the code of responsibility for criminal acts of a low degree of danger) and sources of specifying the prohibition (resolutions of the Government of the Russian Federation and resolutions of the Plenum of the Supreme Court of the Russian Federation); b) non-normative acts, which are represented by sources of non-mandatory (doctrinal documents, acts of unauthorized state bodies, rulings of the Supreme Court of the Russian Federation) and mandatory (decisions of the Constitutional Court of the Russian Federation and decisions of the Presidium of the Supreme Court of the Russian Federation) interpretation.

An Evaluation of the Changing Trends in Substance Use Behavior Among Patients in the Tertiary Care Setting After the Implementation of Liquor Prohibition in Bihar, India: A Cross-Sectional Study.

Background and objective Substance use disorders pose significant global public health challenges, with India being no exception. Bihar, one of India's most populous states, implemented alcohol prohibition in April 2016 to address the adverse effects of alcohol abuse. However, the impact of this policy on overall substance use behavior among patients in healthcare settings remains to be explored. This cross-sectional study aimed to evaluate the changing trends in substance use behavior among patients in the tertiary care setting following the prohibition of alcohol use in Bihar. Methods A total of 372 patients diagnosed with substance use disorders were recruited from tertiary care facilities in Bihar. Data on demographic characteristics, types of substances used, frequency and quantity of use, reasons for use, and awareness of prohibition laws were collected through structured interviews and reviews of medical records. Descriptive and inferential statistics were used for data analysis. Results The majority of the participants were male (n = 346, 93.01%), with a mean age of 38.5 years. While tobacco use remains stable, there are significant increases in opioid and cannabis consumption post-prohibition, highlighting unintended consequences (p-values - opioids: 0.008, cannabis: 0.021). Additionally, heightened daily and weekly substance use after prohibition is evident (p-values: daily: 0.008, weekly: 0.021), emphasizing the necessity for nuanced policy considerations. Reasons for substance use, including coping with stress and peer pressure, showed significant differences before and after the prohibition (p<0.05). Moreover, awareness of alcohol prohibition laws increased significantly after the implementation of the prohibition (p = 0.003). Conclusions Our findings suggest that while alcohol prohibition in Bihar did not significantly lead to any changes in terms of the types of substances used among patients in tertiary care settings, it did influence the frequency and quantity of tobacco and cannabis consumption. Increased awareness of prohibition laws underscores the importance of policy enforcement and public education initiatives in addressing substance use behavior.

Развитие уголовного законодательства об ответственности за преступления при осуществлении государственных закупок

The article deals with an analysis of the process of inclusion in the norms of the Criminal Code that establish liability for crimes in the sphere of public. Modern legislation contains a number of criminal law prohibitions aimed to protect social relations and to ensure public procurement. These norms are characterized by lack of consistency and competition. The unification of criminal law prohibitions, as well as the dissemination of legislative innovations, in particular the special grounds for exemption from criminal liability, should improve both law enforcement practice and minimize the criminal consequences of illegal acts in the field of public procurement.

Motivations for using misoprostol for abortion outside the formal healthcare system in Colombia: a qualitative study of women seeking postabortion care in Bogotá and the Coffee Axis

BackgroundIn 2006, a Constitutional Court ruling partially decriminalized abortion in Colombia, allowing the procedure in cases of rape, risk to the health or life of the woman, and fetal malformations incompatible with life. Despite this less prohibitive law, some women and pregnant people preferred self-managing their abortions outside the formal healthcare system, often without accurate information. In 2018, we undertook a study to understand what motivated women to self-manage using medications that they acquired informally. Colombia has since adopted a progressive law in 2022, permitting abortion on request through the 24th week of pregnancy. However, the implementation of this law is still underway. Examining the reasons why women chose to informally self-manage an abortion after 2006 may not only highlight how barriers to legal services persisted at that time, but also could inform strategies to increase knowledge of the current abortion law and improve access to services going forward.MethodsIn-depth interviews were conducted in 2018 with 47 women aged 18 and older who used misoprostol obtained outside of health facilities to induce an abortion, and who were receiving postabortion care in two private clinics. Interviews explored what women knew about the 2006 abortion law which was then in effect, and the reasons why they preferred informal channels for abortion care over formal healthcare services.ResultsWomen’s motivations to use misoprostol obtained outside the formal healthcare system were influenced by lack of trust in the healthcare system along with incomplete and inaccurate knowledge of the abortion law. Conversely, women considered misoprostol obtained outside the healthcare system to be effective, affordable, and easier to access.ConclusionsObtaining misoprostol outside the formal healthcare system offered a more accessible and appealing prospect for some women given fears of legal repercussion and stigma toward abortion. Though this preference will likely continue despite the more liberal abortion law, strategies should be implemented to broaden knowledge of the recent change in law and to combat misinformation and stigma. This would support knowledge of and access to legal abortion for those who wish to avail themselves of these services.

Prohibitions in criminal law

The article is devoted to the analysis of prohibitions in criminal law (criminal law prohibitions). Despite the fact that the issue of criminal law prohibitions is becoming increasingly relevant, it still remains poorly researched and controversial. This paper lays down the methodological foundations for the study of prohibitions in criminal law. In particular: 1) the author distinguishes between the concepts of «criminal law», «criminal legislation» and «criminal code»; 2) the author examines national criminal law through the prism of the public law branch of Ukraine (analyses certain aspects of criminal law regulation and criminal law relations; expresses the author’s position regarding the powers of entities representing the State in criminal law relations) 3) the author defines the concept of «criminal law provision», identifies its features, studies its structure, and also identifies the criteria for its classification. Taking into account the conclusions on the above issues, the author analyses prohibitions in the criminal law of Ukraine: the author proposes a definition of this term, identifies its features, makes its classification, and studies the legal consequences of violation of domestic criminal law prohibitions. The scientific work also contains the results of a study of foreign experience. Thus, the criminal legislation of the former USSR republics was subjected to a thorough study. The author notes that there are two models of understanding the concept of «prohibition in criminal law». In writing this article, the author used scientific works of Ukrainian and foreign legal scholars, as well as domestic and foreign regulatory legal acts. For a more detailed understanding of the subject matter of the study, the article is illustrated with three author’s diagrams and one map. The research work is a multidimensional analysis of prohibitions in criminal law, which allows for further development of this topic.

PROBLEMS OF DETERMINING THE SIGNS OF CRIMINAL BANKRUPTCY AND PROSPECTS FOR THEIR SOLUTION

The legislation providing for limits of liability for socially dangerous acts aimed at violating insolvency (bankruptcy) procedures is analyzed. It is proposed to supplement the mechanism of criminal law protection of the established procedure for carrying out economic activities with new provisions taking into account the analysis of the current practice of applying criminal law prohibitions of criminal bankruptcy, as well as based on the study of the legislative experience of other states in the field of regulating insolvency and criminalization of socially dangerous acts related to the procedures bankruptcy. The issue of the advisability of establishing bankruptcy procedures for individuals in the legislation of the Republic of Belarus, as well as the legal liability of an individual for intentional violation of bankruptcy procedures, is being considered. The problem of bringing accomplices to criminal bankruptcy to justice is explored. In order to further improve the application of the rules on criminal bankruptcy, the types of special subject of the crimes under consideration can be supplemented by a temporary manager. The feasibility of the possible inclusion of a special incentive norm that defines the conditions for exemption from criminal liability in case of criminal bankruptcy in the system of criminal legal regulation is determined.

Rehabilitation of Nazism as a crime under the criminal legislation of the Russian Federation: objective signs

The subject of this study is the objective signs of the prohibition of the rehabilitation of Nazism in Russian Federation criminal law. The author pays special attention to the definition of the object of the considered corpus delicti and notes that the direct object of the corpus delicti provided for in Part 1 of Article 354.1 of the Criminal Code of the Russian Federation is public relations to ensure the international security of mankind in connection with the revival of the ideology of Nazism. The author claims that the second corpus delicti, enshrined in Part 3 of the article in question, has a different object, different from the generic object of the corpus delicti provided for in part 1 of the norm in question – this is not the peace and security of mankind, but the public morality of the population. In this regard, it seems more correct to place this composition in the form of a separate norm in the chapter "Crimes against public health and public morality". The methodology of the research consists of such methods as historical-legal, formal-legal, universal dialectical and logical. The author argues that the new norm in the Criminal Code of the Russian Federation has not facilitated law enforcement, since due to errors in legal technique and the construction of the norm as a whole, the lack of definitions for a clearer understanding of the actions that constitute the objective side of the present corpus delicti, makes it difficult to identify and bring to justice under this norm. The author emphasizes the importance of considering aspects of the qualification of this act in the context of the development of the information society, since due to the active processes of digitalization, the real crime is often committed in the Internet environment. Separately, the author examines the signs of the objective side of the considered corpus delicti, in particular, the criminal law prohibition on approving crimes established by the verdict of the International Military Tribunal for the Court and War Criminals of the European Axis countries.

Criminal legal model of criminalization of illegal actions in relation to organs and (or) tissues

The work examines some features of criminal liability for actions in relation to human organs and (or) tissues. The author noted that in the context of the need to maintain the “purity” of the qualification of a criminal offense, the need for the timely and correct establishment of a criminal law prohibition in domestic law, there is no stable model for the criminalization of illegal actions in relation to human organs and (or) tissues. In connection with this, the object of study is the social relations that arise in connection with the commission of crimes against human organs and tissues. The subject of the research is Russian modern criminal legislation, foreign criminal legislation, scientific works reflecting the problems raised in the work. Particular attention is paid to the criminal legislation of neighboring countries, since it is there that there are provisions that are interesting from the perspective of the research topic. As a result of the review, the author states that at present there is an urgent need to legislate special rules establishing criminal liability for illegal actions in relation to human organs and tissues. The analysis showed that the current criminal law does not have a stable system for the group of criminal offenses under consideration. Supporting the opinions of most experts in the field of criminal law, the author considers the criminalization of illegal trade in human organs, tissues and cells justified. In addition, the analysis made it possible to develop an abstract criminal law model for the criminalization of illegal actions in relation to organs and (or) tissues, which includes two groups of criminal offenses: crimes related to the manipulation of human organs and tissues; trade in human organs and tissues. At the end of the work, the design of the named model is proposed.

Distinguishing the rehabilitation of Nazism from related crimes: theory and practice

The subject of this study is the criminal law prohibition on the rehabilitation of Nazism, established by the criminal legislation of the Russian Federation. The author emphasizes the importance of considering aspects of the qualification of this act in the presence of a large number of related crimes, which in all their elements are very close to the one under consideration. The article examines in detail such crimes that are classified as extremist, as well as vandalism, slander, destruction or damage to military graves, monuments, obelisks, other memorial structures or objects perpetuating the memory of those who died defending the Fatherland or its interests, or dedicated to the days of military glory of Russia. The author draws attention to the presence of similar features of the corpus delicti aimed at prohibiting the rehabilitation of Nazism with administrative offenses, in particular, with article 20.3 of the Administrative Code of the Russian Federation. The methodology of the research consists of such methods as formal legal, logical, systematic, as well as the method of analysis. The novelty of this study lies in the complexity and comprehensiveness of the consideration of the stated issues. The author argues that the difficulty of qualification lies in the fact that actions can simultaneously fall under both "extremist" crimes and directly under the corpus delicti, which enshrines the prohibition of rehabilitation of Nazism. The author concludes that the identification of extremism and the prohibition on the rehabilitation of Nazism is incorrect, and Article 354.1 of the Criminal Code of the Russian Federation is special in relation to Article 282 of the Criminal Code of the Russian Federation. The author's special contribution is manifested in a large number of analyzed sources of judicial practice from different years, on the basis of which the author drew his conclusions and justified the terminology used by the legislator in constructing various provisions of Article 354.1 of the Criminal Code of the Russian Federation.

Обоснованность уголовно-правового запрета о нецелевом расходовании бюджетных средств (ст. 285.1 УК РФ)

В статье рассмотрены вопросы обоснованности действующего уголовного закона о нецелевом расходовании бюджетных средств. Анализируются положения доктрины уголовного права, раскрывающие теоретические положения уголовного закона об определении двух взаимосвязанных, однако нетождественных категорий: обоснование уголовного закона и обоснованность уголовного закона. Отмечается высокий криминогенный потенциал уголовно-правовой нормы о нецелевом расходовании бюджетных средств, отсутствие достаточной уголовно-правовой и криминологической обоснованности уголовно-правовой нормы, предусматривающей ответственность за нецелевое расходование бюджетных средств, и предлагаются пути решения выявленных проблем. The article considers the issues of validity of the current criminal law on the misuse of budgetary funds. The provisions of the doctrine of criminal law are analyzed, revealing the theoretical provisions of the criminal law on the definition of two interrelated, but non-identical categories: the justification of the criminal law and the validity of the criminal law. The high criminogenic potential of the criminal law norm on the misuse of budgetary funds is noted, the lack of sufficient criminal law and criminological validity of the criminal law norm providing for responsibility for the misuse of budgetary funds and suggests ways to solve the identified problems.

Issues of Criminalization of Acts in Relation to Personal Data in the Context of Draft Law № 502113-8

Relevance. The relevance of the study is dictated by the existing contradictions between the need for direct criminal protection of personal data and the problems of criminalization of relevant acts, which is reflected in the light of Draft law No. 502113-8 «On Amendments to the Criminal Code of the Russian Federation» submitted to the State Duma of the Russian Federation on 04.12.2023.The purpose. Resolution of these contradictions through a critical assessment of design structures for their compliance with social and legal needs in criminalizing illegal actions with personal data.The objectives. The study of this draft law, the determination of the quality of draft criminal law prohibitions (their constructive and differentiating features), the resolution of the identified problems of criminalization of acts.Methodology. When writing the work, the author relied on the universal dialectical method of cognition, logical methods (analysis, synthesis) were also used, in addition, documentary, formal-legal, dogmatic, systematic methods.Results. Draft law No. 502113-8, which proposes criminalization of illegal actions with personal data within the framework of Chapter 28 of the Criminal Code of the Russian Federation «Crimes in the field of computer information», has been subjected to critical reflection. The absence of grounds for defining the relevant acts as computer crimes has been proved. Other contradictions and shortcomings of the design structures have been identified.Conclusions. According to the results of the study, it was concluded that the specified draft law does not meet modern needs in the criminal law protection of personal data, contradicts the principle of formal certainty and doctrinal ideas about criminalization of acts, differentiation of responsibility, as well as technical and legal rules for the construction of criminal law norms. The author shares the conviction that it is necessary to establish criminal liability for illegal actions with respect to personal data in an independent norm, but believes that it should be placed in Chapter 19 of the Criminal Code of the Russian Federation. The author's concept of the criminal law prohibition of illegal actions with personal data is proposed.