Criminal Nature Research Articles

Direct Effect of the “Proportionality Requirement of [Criminal] Sanctions”: Considerations on the European Court of Justice Overruling in the Case “NE II” (C-205/20)

On the 8th of March 2022, the Grand Chamber of ECJ, in the case NE II, accepted the direct effect of the “proportionality requirement” of criminal nature’s sanctions provided in Art.20 of Directive 2014/67/EU, even connecting it with the prohibition of disproportionate criminal offences enshrined in Art.49 (3) of CFREU. By this crucial ruling, the Court explicitly overruled its previous case law and further determined what the obligation of the national courts is, to ensure the “full effectiveness” of the above requirement in the internal legal order. The jurisprudential change and its fundamental consequences mark a new qualitative step in the course of the “symbiotic relationship” between the EU and national (criminal) law, due to the “horizontal repercussions” of the judgment, i.e., not only in the EU legal acts similar to the above Directive, but also in those that establish minimum rules for the definition of criminal offences and penalties according to Art. 83 TFEU. In this study, an attempt is made to highlight the main issues of this overruling regarding, among others, the normative meaning of the “requirement of proportionality”, the specific implications of its direct effect on the national judge and the complex assessments which he is called upon to make – beyond the normal limits of his functional jurisdiction.

Principles and Significance of Criminal Policy in the Field of Crime Prevention in the Educational Environment

The modern domestic education system is developing and improving. At the same time, it often remains unprotected from various kinds of threats and dangers of a criminal nature. Of particular concern is the criminality of students, who, as practice shows, often commit illegal acts directed against other participants in educational relations. It seems that the formation and development of criminal policy in the field of prevention of all existing criminal phenomena in the field of education has an important preventive potential in this aspect. In this article, the author reveals the general and special principles of criminal policy in this sphere of public relations. The author refers to the general principles of legality, justice, humanism, equality of citizens before the law, democracy, as well as the principle of the inevitability of responsibility in the implementation of criminal policy. In turn, the special principles of criminal policy in the field of crime prevention in the educational environment include: the principle of matching tasks, powers and resources; the principle of the proactive nature of strategic decisions; the principle of scientific; the principle of complexity; the principle of compliance with morality; the principle of purposefulness; the principle of combining unity of command and collegiality. The analysis of the implementation of these principles has shown that at present, oddly enough, they are often violated during the implementation of criminal policy. However, the author believes that such violations are inevitable, since, in an effort to comply with one principle, the state to a certain extent violates the second one. In general, the criminal policy is reflected primarily in the existing normative legal acts. The analysis of these acts shows that at the present time a lot of attention is paid to the criminal policy in the field of education, but there is still no unified state strategy for the development of this area. The main goal of criminal policy in the field of crime prevention in the educational environment, according to the author, is to influence criminal phenomena by developing theoretical ideas aimed at countering and preventing crime. The author notes that the modern criminal policy of Russia is formed in two directions. The first direction is to improve legislation, and the second direction implies the formation and improvement of criminology, which reveals the nature of the grounds of crime and develops measures to prevent it. It seems that the development of these areas, as well as other scientific research in the field of criminal policy in the field of crime prevention in the educational environment, will contribute to the development of a unified state system for the prevention of all existing criminal phenomena in the field of education.

Energy security as a kind of public security: doctrinal-methodological and criminal-legal aspects of implementation

The subject of the study is the strategic directions of ensuring public security in the Russian Federation at the present stage. One of the directions of ensuring public safety is recognized as the safety of the fuel and energy complex. In this regard, the analysis of the state, structure and dynamics of crime in the fuel and energy complex is carried out. Attention is focused on the implementation of the Russian criminal law policy in the field of combating crime in the fuel and energy complex, taking into account the norms of international law. The purpose of the study is to uncover the elements of crimes in the fuel and energy complex that constitute the crime of this orientation. Particular attention is paid to the consideration of a set of measures for the prevention and prevention of this type of crime, taking into account the interaction of measures of a criminal, criminological and administrative nature. The methodological basis for the study of measures to combat crime in the fuel and energy complex is a combination of general scientific and private scientific methods that have predetermined a comprehensive approach to the study of legal policy in the field of countering this type of crime, taking into account the ongoing reform of the socio-economic system in the Russian Federation. In the course of achieving the goal of the study, special legal methods of cognition were used to facilitate the analysis of the legal regulation of legal liability for fuel and energy crimes.
 The main results of the study contain conclusions and proposals aimed at improving measures to counteract crime in the field of the fuel and energy complex, including improving the effectiveness of the implementation of the mechanism of criminal law regulation of public relations related to countering encroachments of the fuel and energy sector. Conclusions are formulated regarding the methodological and organizational-practical aspects of the legal impact on persons who have committed crimes in the field of fuel and energy complex.
 The novelty of the research topic consists in the formulation of the problem associated with the establishment of the causes and conditions of crimes of fuel and energy orientation as a socially negative phenomenon in modern conditions; the definition of key areas of legal policy in the field of combating crime in the field of fuel and energy complex. The conducted research reveals the legal nature of crime in the fuel and energy complex; features of measures to counteract crimes of fuel and energy orientation; trends in the legal regulation of fuel and energy crimes; the specifics of the mechanism of legal regulation of legal liability for fuel and energy crimes. The opinion is expressed that there is no categorical and legal assessment of the concept of fuel and energy crimes in the domestic legislation, which predetermined the recognition of measures of criminal and legal influence as a strategic resource for countering fuel and energy crime. Conclusions are formulated about the factors that determine the legislative regulation of fuel and energy crimes, and the specifics of the implementation of punishment and other measures of a criminal nature.

Corporate financial crimes in Pakistan – a review and analysis

PurposeThe purpose of this paper is to highlight those factors which involve elite class criminals in corporate financial crimes. This research implies the fact that the study of criminal behavior is pivotal for finding out the reasons behind such crimes.Design/methodology/approachBy describing theories of criminology, researchers assess the nature of financial criminals in Pakistan from a theoretical perspective.FindingsElite-class people commit crimes upon perceiving high benefits and less punishment. Moreover, the social environment contributes greatly to inducing criminal behavior.Research limitations/implicationsExplanation of criminal behaviors provided in the study will be helpful in providing directions for the prevention of such criminal actions in the future.Originality/valueThis research examines the criminal behavior of elite class crimes from the theoretical perspective which will be significant in the prevention of such behaviors.

Problem of criminal legal qualification of domestic violence in law enforcement practice

Domestic violence is a phenomenon that can take the form of a socially dangerous act and be qualified as a crime under Art. 126-1 of the Criminal Code of Ukraine and other articles of the Criminal Code of Ukraine. It is the correctness of the criminal legal qualification of domestic violence that became the subject of our study. 
 The lack of systematic interpretation of Art. 126-1 of the Criminal Code of Ukraine leads in practice to the fact that the courts decide completely differently on the qualification of actions of a person. After all, domestic violence can be a manifestation of both an administrative offense and a criminally punishable act. That makes it impossible to further apply the restrictive measures of a criminal legal nature, enshrined in Art. 91-1 of the Criminal Code of Ukraine. Such situation has already become the basis for resolution in the order of review by higher courts and formation of a position on the most problematic aspects by the Supreme Court of Ukraine. In particular, in order to avoid the prohibited double conviction or punishment, the proceedings must be combined on a comprehensive basis and form a single whole. This means not only that the goal and the means used to achieve it must complement each other in nature and be linked in time, but also that the possible consequences of such legal response to appropriate behavior must be proportionate and predictable. for the persons to whom they relate. 
 Thus, the purpose of our study is to form a list of issues for the correct criminal legal qualification of actions under Art. 126-1 of the Criminal Code of Ukraine, for the correct separation from the administrative offense under Art. 173-2 of the Code of Administrative Offenses, as well as from other criminal offenses related to domestic violence. The task is to study the conclusions of the Supreme Court of Ukraine, to analyse the case law, to analyse the research conducted by non-governmental international organizations, as well as to analyse the positions of the doctrine of criminal and criminal procedure law on this issue.

Prohibition to approach a certain distance and / or to certain persons, to be in a certain place as a measure of a criminal nature (on the example of the Penal Code of the Republic of Poland)

The article analyzes the provisions of the Polish Penal Code in terms of establishing a ban on being in certain environments or places, contact with certain people, approaching certain persons or leaving a special place of residence without the consent of the court, as a kind of criminal measure. Sais about prohibitions to hold a specific position, engage in a certain profession or carry out certain types of economic activity. In the Polish Penal Code, the analyzed prohibitions apply to the perpetrator in the case of an intentional crime combined with violence, and are binding from the entry into force of the court decision in the criminal case.
 It is known that in Ukraine there are special measures to combat domestic violence in the form of an urgent injunction against the offender and a restrictive injunction against the offender. In its legal positions, the Supreme Court revealed the essence (legal nature) of the restrictive order as a temporary measure of restraint, which is not a measure of punishment for a person. The Supreme Court also justified the legitimacy of the restraining order in the form of a temporary prohibition on the offender to stay and approach real estate, even if he is its co-owner, because he committed domestic violence against relatives.
 Measures in the restrictive order in relation to the offender are taken to decide on the qualification of his actions and the decision on him in criminal proceedings. However, the danger of continuing or re-committing domestic violence, the occurrence of serious consequences for the victim remains after the case in court. Therefore, prohibitions to approach the victim at a certain distance, to be in a place of residence should not lose their force and relevance, and in turn, begin to play a preventive role as a measure of criminal law.
 The author proved the importance of expanding the list of «other measures of a criminal nature» by including a ban on approaching a certain distance and / or to certain persons, a ban on being in a certain place in Section XIV of the General Part of the Criminal Code of Ukraine.

Liability of legal entities as a prerequisite for the implementation of the Medicrime Convention

It is examined in the article the provisions of current criminal law in terms of compliance with international legal obligations, which Ukraine has been taken while ratified the Convention on the counterfeiting of medical products and similar crimes involving threats to public health (the Medicrime Convention) in terms of liability of legal entities for the creation and circulation of counterfeit medical products. It was proved that in fact there is no such responsibility, and, therefore, the obligation is not fulfilled. A number of explanatory notes were also analyzed, which determined the range of criminal offenses for the commission of which measures of a criminal nature may be applied to a legal entity. It is established that no obstacles or arguments for non-inclusion in paragraph 1 of part 1 of Art. 96-3 of the Criminal Code of Ukraine there are no pharmaceutical crimes.
 An analysis of the leading international experience in the implementation of liability of legal entities for these acts, in particular, Spain, Germany and Switzerland. In addition, judgments of foreign states, which proves that pharmaceutical crimes are crimes that can be committed by transnational organized crime. Therefore, the obligation to expand the range of crimes under Part 1 of Art. 96-3 of the Criminal Code of Ukraine follows from the UN Convention against Transnational Organized Crime.
 It was emphasized that in order to effectively counter the spread of counterfeit medical products, it is necessary to expand the powers of the State Medical Service to control the quality of medical products without prior notice of inspection of business entities (Law of Ukraine" On Basic Principles of State Supervision (Control)" 2007 № 877).
 It is necessary to bring the national legislation in line with Art. 11 of the Medicrime Convention to escape from all drawbacks due to expansion range of crimes that could help to make responsible the legal entities in criminal law. For this purpose, it is mandatory to add paragraph 1 Part 1 of Art. 96-3 by reference to Articles 305 and 321-1 of the Criminal Code of Ukraine.

Modernization Issues of Staffing the Penal Enforcement System in the Context of Formation of an Administrative Constitutionalism Doctrine in Modern Russia

Introduction: today the state policy in the sphere of public service and PES staffing is focused on providing penitentiary institutions with competent and skilled specialists capable of performing state tasks in the field of execution of criminal penalties in difficult conditions. The processes of formation and development of the staffing system, meeting modern needs of the state and society development, are due to a variety of political, social, economic, legal and organizational factors that have both external and internal effects on its functioning. Neutralization of negative factors is possible only by increasing the efficiency of management activities in the PES as a whole and staffing in particular. The purpose of this article is to identify key directions for elaboration of administrative legislation in the field of public service and staffing the penal enforcement system in the framework of a new stage of constitutional transformations in modern Russia. The methodological basis of the work is formed by general scientific and private scientific (logical-legal, comparative-legal, descriptive, content analysis) methods of cognition of legal reality. Conclusions: the proposed directions for the formation of a theoretical doctrine of public service and PES staffing on the basis of integrative legal understanding of processes and phenomena of social development, improvement of administrative legislation on public service in the PES through its further constitutionalization, development of personnel policy through the adoption of the Concept for personnel policy in the penal enforcement system will lead to a systematic change in the mechanism of staffing the penal enforcement system, strengthening its resistance to countering threats of a criminal nature, and enhance performance of penitentiary institutions in general. The scientific and practical significance of the work consists in substantiating practical proposals for improving current administrative legislation in the field of public service and PES activities.

Restrictive measures of a criminal law nature in the system of legal regulation of prevention and to combat domestic violence

The article is devoted to the study of the system of state measures applied to persons, who are suspected, accused of committing or having committed domestic violence, as well as determining the place of restrictive measures of a criminal law nature in the proposed system. For this purpose, it is necessary to conduct an analysis of the legislative regulation of state measures applicable to persons suspected of committing or having committed domestic violence at all levels of №rmative legal regulation; to delimitate the terms “restrictive measure”, “precautionary measure”, “restrictive prescription” and “temporary prohibition injunction” and to analyse the expediency of the new term “security measures” proposed by the draft of the new Criminal Code of Ukraine. The result of the conducted study is an analysis of the existing state measures to combat domestic violence in order to form a system of special measures to combat domestic violence, as well as examination of the issue concerning the place of restrictive measures of a criminal law nature applicable to persons having committed domestic violence. So, today, the system of special measures to combat domestic violence consists of types of measures to temporarily restrict the rights and obligations of the perpetrator who committed domestic violence, as well as to a person suspected, accused or committed a criminal offense related to domestic violence. The types of such measures are taking the offender into preventive registration and carrying out preventive work with him; referral of the offender to the offender program; a temporary injunction; a restrictive prescription of a civil nature a restrictive measure of a criminal procedure nature applicable to persons suspected or accused of committing domestic violence; and a restrictive measure of a criminal nature nature applicable to persons who have committed domestic violence having different preconditions, grounds , subjects and the term of appointment, but have the sole intention of protecting persons suffering from domestic violence.

UPAYA PERDAMAIAN UNTUK PENYELESAIAN PERKARA PIDANA Reaktualisasi Kearifan Lokal dalam Hukum pidana Indonesia

One characteristic of Islamic law is not explicitly distinguished between the domain of public law with private law. Sanctions for deliberate murder is Qisas for example, where the victim's heirs have more permanent role to choose the death penalty imposed (Qisas) or give forgive me by asking Diyat (compensation). Amount number of Diyat is also can be negotiated through a kind of mediation method called Shulh (peace). So here the element of private law is more dominant. Even Diyat can be released at all heirs of the victim initiatives. In this last case the State may punish the offender with ta'zir, so here its public law elements recur. This idea is not unknown in Indonesian positive law provisions. The victim had usually been involved as a witness in his father murder case or rape case against her. In customary law in Aceh there are several institutions in efforts to realize peace for criminal cases, namely in the form of adat meulangga, dhiet, sayam or takanai (South Aceh). Principles of peace settlement of disputes may also be considered not only for civil cases but also in criminal cases. Thus the doctrine that says the criminal nature of a case will not remove although there is peace agreement, would need to be revisited. However it is important also to restrict that not every criminal case could be solved by peace agreement. Criminal cases like premeditated murder and rape should be excluded from the possibility of peace agreement.

Concordance and Discordance between Paraphilic Interests and Behaviors: A Follow-Up Study

ABSTRACT Although paraphilic interests represent significant risk factors for recidivism among sexual offenders, little is known about the magnitude of concordance between paraphilic interests and behaviors in the general population. The goal of this follow-up study was to conduct secondary analyses based on a sample of 1040 adults (475 men; 565 women) recruited in the general population. Levels of associations and active concordance (having both interest and experience), passive concordance (having neither interest nor experience), active discordance (having experience without interest) and passive discordance (having interest without experience) between paraphilic interest and corresponding behavior were assessed. Concordance and discordance indexes were also computed, as well as regressions and moderation analyses. As expected, paraphilic interests predicted corresponding behaviors, although the mean active concordance rate was only approximately 50%. Concordance rates varied with gender and the criminal nature (legal vs. illegal) of paraphilia. Paraphilic interests in adults from the general population may not have the same predictive value as that observed in medico-legal contexts. The possible role of other moderators in the concordance between paraphilic interest and behavior in non-clinical populations should be assessed. These findings have implications for sexual abuse prevention programs aiming at individuals in the community.

The Depiction of Asian Tattoos in Popular Culture and the Mainstream media.

Tattoos add a perceived aesthetic value to the body of the wearer. In instances where tattoos are worn – by choice – to enhance the outer appearance of the wearer, they are a vivid expression of artistic freedom, individualism and even a mark of belonging. For the same reasons that their appearance becomes conspicuous, tattoo wearers are vulnerable to receive negative first impressions. Tattoos are broadly divided into three types: those that are of tribal origins, those that are linked with criminal communities, and those that are forcefully given to mark prisoners or given as punishment. In the main stream media, the tattoos shown are often worn by antagonists or characters of a criminal nature. Recognizable Asian tattoos range from Japanese Horimono to Borneo tribal tattoos. A well-known example of tribal tattoo are the ones worn by Borneo Ibans. This paper will explain the importance of semiotics studies by looking at the cultural value of a particular tribal tattoo. The bunga terung is an Iban tattoo that a man will get when he goes for bejalai, a journey comparable to a walkabout. The theory of semiotics and representation by Charles Sanders Peirce will cover the knowledge process towards understanding the bunga terung. This research will enable us to differentiate between a tattoo that represents a particular indigenous community and a tattoo that represents a criminal one. Keywords: Bunga Terung, Gang Tattoo, Tribal Tattoo, Cultural Identity, Iban Tattoo.

Criminal Misconduct: An Objective Need or a Declared Necessity?

The actively defended idea of the Supreme Court of the Russian Federation on the inclusion of an offencse of criminal misconduct in the criminal legislation was reflected in the revised draft federal law submitted to the Parliament on October 13, 2020. The purpose of the study is to determine the key changes in the content of the institutions of criminal misconduct and other measures of a criminal law nature proposed for consolidation in the Criminal Code of the Russian Federation, to assess the objective need of the reforms initiated by the Supreme Court of the Russian Federation. The methodological basis is a set of methods of scientific knowledge. General scientific (analysis and synthesis, dialectics) and specific scientific research methods (system structural, formal legal) were used. A comparative analysis of draft laws allows us to classify the substantive content of acts constituting a criminal misconduct as key changes and the modification of other measures of a criminal legal nature. The authors critically assess the idea underlying the classification of acts as criminal misconduct. By laying in the criteria for the isolation of acts that are minimal in terms of the degree of danger, not legally significant elements of corpus delicti, but the types and amount of punishments, the lack of criminal experience, the interests of the business community, the developers of the draft law violate the system of law, since the proposed approach excludes the assessment of the public danger of the act based on the significance of the protected by the criminal the law of public relations. The meaning of the differentiation of criminal liability declared by the initiator of the reforms is lost with the proposed duplication of other measures applied both to persons who have committed a criminal misconduct and to those guilty of committing crimes of small or medium gravity, and the proposed conditional nature of other measures levels the idea of liberalizing the criminal law. The paper focuses on the provisions of the project that require revision and additional comprehension.

Problematic Pornography Use: Legal and Health Policy Considerations.

Purpose of ReviewReports of sexual violence, especially towards women and children, are rapidly increasing. At the same time, rates of problematic pornography use (PPU) are accelerating across the world too. The purpose of this review is to consider the recent research on PPU and its contribution to sexual violence. The article offers guidance to governments on possible health policy interventions and legal actions to prevent the development of PPU and to reduce the incidence of sexual violence in society.Recent FindingsWorking from the consumer’s point of view, we identify PPU and ask how much pornography is needed to cause PPU. We examine how PPU drives sexual offending in children, adolescents and adults. The impact of PPU on some consumers’ behaviour suggests significant links to domestic violence. Sexual strangulation is highlighted as an example. Artificial intelligence algorithms play a key role in the pornography industry and appear to be driving escalation to more violent material, inducing high levels of sexual dysfunction in consumers and creating appetites for viewing child sexual abuse material (CSAM).SummaryEasy access to internet pornography has led to an increase in PPU and sexual violence. Diagnoses and treatments for PPU are examined, as are legal transgressions of a civil and criminal nature arising from PPU. Legal remedies and government policy implications are discussed from the point of view of the precautionary principle. Strategies covered include age verification for pornography, public health campaigns and embedded health and legal warnings for users at the start of pornography sessions along with lessons for pupils about pornography’s impact on the brain.

Genesis of regulation of special forfeiture in Ukraine

Introduction. This paper analyzes the development of norms on the implementation of special forfeiture in Ukraine since its independence. The purpose of the paper is determining the main periods of development of legal regulation of special forfeiture in Ukraine and highlighting the main features of each period. Results. According to the criterion of development of features of structural placement of norms on special forfeiture in the Criminal Code of Ukraine, three main periods of regulation of the specified measure of criminal character are allocated. The main features of the first period of regulation of special forfeiture, which is the regulation of the implementation of the specified measure of criminal nature at the level of norms of the Special Parts of the Criminal Codes of Ukraine of 1960 and 2001, are characterized. The main problems concerning the law enforcement of the rules on special forfeiture, which arose in connection with the legislative approach to special forfeiture at this stage, are described. The peculiarities of the second period of development of regulation of special forfeiture are described, during which the latter was carried out at the level of both the General Part of the Criminal Code and its Special Part. The conflicts between the provisions of the General and Special Parts of the Criminal Code regarding special forfeiture that arose at this stage are described, as well as some inconsistent legislative steps to amend the provisions of the law on criminal liability relating to special forfeiture. The main features of the current stage of legal regulation of special forfeiture are described. The problems of making changes to the legislation related to the adoption of laws that do not take into account the peculiarities of the development of legal regulation of special forfeiture are described. Conclusion. Relevant conclusions have been made, in particular, that special forfeiture, contrary to stereotypical views, is not a fundamentally new (implemented over the last decade) measure of a criminal nature in the criminal law of Ukraine. The stages of development of norms on special forfeiture are singled out. The chronological boundaries of each of the stages are set.

Features of Investigative Activities Results Application at the Stage of Execution of a Sentence (Case Study: Justifying the Need to Change Punishments and Measures of a Criminal‑Legal Nature, not related to Isolation from Society, towards Toughening)

The paper is devoted to the problematic issues that arise when using the results of investigative activities (IA) at the stage of execution of the sentence. The authors draw attention to the importance of the procedure for proving the facts of concealment of a convicted person from control by the criminal executive inspectorate in cases of submission of submissions to the court on toughening punishments. The information obtained in the course of the IA has a greater informational value for substantiating decisions on issues to be considered by the courts during the execution of a sentence, and their application would make it possible to better motivate the representations of the relevant institutions in the process of proving the need to change penalties and measures of a criminal legal nature that are not related with isolation from society, towards tightening. The paper focuses on the need for an integrated approach to the development of the norms of the current legislation in order to regulate in detail the procedure for conducting IA in relation to persons evading criminal punishment, and measures of legal influence, as well as using the results obtained to substantiate the submissions submitted by criminal executive inspectorates to the court.

Злочинність у Збройних Силах України як об’єкт кримінологічного дослідження

The article analyzes criminality in the Armed Forces of Ukraine as an object of criminological research. The expediency of studying criminality in the Armed Forces of Ukraine in both broad and narrow senses is found. In the first case, the analyzed type of criminality has its general criminal nature and is represented by a set of criminal offenses, the commission of which is possible both by servicemen of the Armed Forces of Ukraine and other entities. This is the so-called general criminality represented by such criminal offenses as injuries of varying severity, murders, theft, etc. In a narrow sense, criminality in the Armed Forces of Ukraine is considered as a set of relevant criminal offenses, the commission of which is possible only through the person’s presence in the status of a special entity, which in this context is a serviceman of the Armed Forces of Ukraine. In this case, it’s about criminal offenses against the established procedure for military service (military criminal offenses), provided in Section XIX of the Special Part of the Criminal Code of Ukraine. The concept of “crime prevention in the Armed Forces of Ukraine” is scientifically substantiated and defines as a set of special organizational, administrative, criminal law, criminal procedural, criminal-executive and operative-search measures of specially authorized units of the Armed Forces of Ukraine in cooperation with law enforcement agencies on prevention and cessation of criminal-illegal encroachments regarding the established order of military service, economic, violent, mercenary-violent (etc) orientation in the Armed Forces of Ukraine, which are carried out on the basis of constitutional and special-branch norms and principles concerning defined groups or individually defined persons, methods and means provided by the current legislation. Key words: Armed Forces of Ukraine, military servicemen, criminological research, criminality, determinants, prevention.

The Finance of Sex Trafficking and Impact of COVID-19

This paper examines how COVID-19 has impacted the lives of sex workers and how changing circumstances may make them and others even more vulnerable to exploitation into sex trafficking. It explores the perceptions and policies that keep sex workers from receiving the financial support needed to keep them safe at this time. It considers how sex work may be driven further underground, and the implications of this on the security of the workers involved. It also considers how the behaviour of clients may change as a result of the virus, examining the supply and demand drivers of online sexual exploitation of adults and children. This paper also outlines the fluidity of criminal nature, how criminals are adapting to changing circumstances and finding new ways to identify, groom, and exploit victims into sexual slavery. Finally, it analyses the implications that COVID-19 has had on the nature of money laundering and the related effects on the ability of financial institutions to operate as the ‘eyes and ears’ in the fight against global sex trafficking. It concludes with recommendations that can be made to financial institutions and related agencies, to respond rapidly to emerging risks and new trends in sexual exploitation and money laundering.

CHILD VIOLENCE AGAINST PARENTS: PSYCHOLOGICAL AND PEDAGOGICAL ASPECTS AND PROBLEMS OF LEGAL REGULATIONS OF LIABILITY

Domestic violence is a cycle of various harassment in which the abuser can be any member of the family. Both media and research on domestic violence focus on the behaviour of adult family members, while there is a lack of research analysing child abuse, for example against their parents. The current legal framework establishes the procedure for bringing an abusive person to justice, however, the provided sanctions do not apply to a child being violent in case the offense is not of a criminal nature. The study presents the research in two parts, the first part, indicating the psychological and pedagogical aspects of the problem, and the second - the problem of the legal regulation of liability.The aim of the study was to analyse the regulatory framework, which determines the child's responsibility in cases of child-to-parent violence, to identify the problems of the legal framework and to develop proposals for the improvement of the legal framework.The study was developed interdisciplinary, performing the analysis of national and international legal acts, analysing statistical data and research on current issues. Analytical and descriptive method, grammatical, historical, teleological and systemic interpretation methods were used in the study.As a result of the research, a number of problems were identified. These were related to the identification of a child being violent, the rights and responsibilities of the family and society in cases of escalating violence, as well as the issue of taking responsibility for the child's violence. At the same time, it was concluded that cases of violence by children to parents are difficult to identify, which may be due to the parent-child relationship and ignorance of the parent's problem, resulting in a formal determination of the child's responsibility in case of violence. In turn, the legal framework should strengthen not only the procedure of holding the children responsible for their violent behavior, but also to call for interdisciplinary prevention of violence committed by children.

Classification of Other Criminal Measures on Targeting and Alternative (Conjugacy) Punishment

The article explores approaches to content of classification and principles of its construction. It is proposed to define the classification of other measures of a criminal legal nature as a slender, logically consistent set of individual categories (groups), including the distribution of other measures of a criminal legal nature, based on independent and subordinate classification grounds. The authors attempt to develop scientifically based grounds for classifying other criminal legal measures on the purpose and alternative (conjugation) of punishment. Other criminal legal measures applicable for the purpose of testing, raising or curing a subject, i. e. correcting their behavior or state of health, as well as other criminal legal measures aimed at restricting the property rights of the subject, affecting their property (including financial status) in order to restore social justice and compensation for damage caused to society and the State as a result of the commission of a crime, are identified.