Qualification Problems Research Articles

Obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations vs. complicity in evasion of military service during mobilization: problems of qualification in judicial practice

The article analyzes the final verdicts delivered in 2024 and posted in the Unified State Register of Court Decisions, in which the actions of the accused are qualified under Article 114-1 of the Criminal Code of Ukraine. The author identifies five variants of the defendants’ unlawful behavior which were qualified as obstruction of the lawful activities of the Armed Forces of Ukraine, namely, creation and/or administration of channels in Internet messengers for posting information on the delivery of summonses by employees of the Territorial Center for Manning and Social Training; drafting and issuance of knowingly false official documents which served as the basis for assigning a person a relevant disability group and which excluded the registration of vehicles for military use; issuing to other persons certificates, chevrons of membership in a public organization and enrollment in a volunteer military unit, which did not exempt such persons from military service; enrollment in a full-time higher education institution without relevant military registration documents for money and issuance of a certificate of enrollment; participation in blocking a vehicle in which employees of the Territorial Center for Recruitment and Social Training carried out mobilization activities on the territory of the. It is stated that most of the cases qualified under Article 114-1 of the Criminal Code of Ukraine are subject to criminal law assessment as complicity in evasion of conscription for military service under mobilization (Article 336 of the of the Criminal Code of Ukraine) or under other articles of the Special Part of this Code which provide for liability for the sole commission of the relevant crimes. The author identifies and characterizes the features of the object of the crime under Article 114-1 of the Criminal Code of Ukraine, as well as the signs of obstruction of lawful activity as a socially dangerous act.

Illegal sale of narcotic drugs using electronic information resources: problems of qualification

Illegal sale of narcotic drugs using electronic information resources: problems of qualification

War crimes: problems of definition and qualification

War crimes: problems of definition and qualification

A Field Research on the Problems Experienced by Opticians and Optical Stores

The optician profession forms an important bridge between ophthalmologists and patients in the treatment of eye diseases and refractive errors. Optical glasses, frames, contact lenses and other devices are provided and applied by opticians in accordance with prescriptions written by ophthalmologists. However, the optician profession and institutions in Turkey face various problems. This research aims to identify and analyze issues such as education and qualification problems, regulatory difficulties, economic difficulties and adaptation to technological innovations experienced by the optician profession and institutions in Turkey. By evaluating the opinions and expectations of different stakeholders, solution suggestions and strategies will be developed to make the profession more efficient and effective. Thus, it is aimed that the results of the study will contribute to the future development of the optician profession and its institutions.

САМОВІЛЬНЕ ЗАЛИШЕННЯ ВІЙСЬКОВОЇ ЧАСТИНИ АБО МІСЦЯ СЛУЖБИ: ПРОБЛЕМНІ АСПЕКТИ КВАЛІФІКАЦІЇ

The authors of the article emphasize that, given the contemporary conditions in Ukraine necessitating legislative changes, particularly those concerning the reinforcement of criminal liability for offenses committed during a state of war, it is also crucial to undertake a scholarly analysis of legislative novelties. This analysis can substantiate their feasibility or, conversely, identify legal issues they may engender, such as conflicts, gaps, competition between legal norms, and so forth. It is noted that military criminal offenses are outlined in Section XIX of the Special Part of the Criminal Code of Ukraine, which contains the definition of military criminal offenses. The societal danger of these offenses is justified by the threat they pose to the effectiveness of the Armed Forces of Ukraine and other military formations created in accordance with Ukrainian laws, which are a guarantee of maintaining peace, national security, and territorial integrity. The article underscores the importance of both a properly organized system of law enforcement agencies and a system of legal norms establishing grounds for holding guilty individuals accountable. The authors focus on studying the legislative provisions regarding desertion in the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses. From the analysis of judicial practice, it is evident that this type of military offense is the most widespread within the ranks of the Armed Forces of Ukraine. The relevance of the article lies in the necessity to analyze the amendments made to the relevant legislative acts. For example, new features of administrative and criminal liability for AWOL. Based on the research of criminal law scholars and lawyers, several problems related to the qualification of this type of military offense are presented. Drawing from the analysis of the outlined qualification problems of AWOL under Ukrainian law, the article discusses methods to overcome them. Key words: military offenses, criminal liability, Criminal Code of Ukraine, Armed Forces of Ukraine, military personnel, state of war.

Reliable Knowledge as an Element of the Design of a Criminal Law Norm: problems of qualification

Based on the study of the nature of reliable knowledge as a special construct included in many crimes, the peculiarities of the interpretation of the criminal law containing a reference to knowledge and the problems of qualifying crimes involving the dissemination of knowingly false information are identified. In the context of digitalization of the communication space and the emergence of countless sources of information, a person can spread false information under the influence of delusion. Options are proposed for changing some criminal law norms in order to reduce the possibility of objective imputation when qualifying acts committed in emergency situations, in which it is difficult or impossible to verify the accuracy of information.

The Problems of Qualification of Theft Non-Cash Funds

Introduction: the relevance of the research topic is due to the need to consider the problems of qualification of theft non-cash funds. The paper explores the question of how to qualify the theft of non-cash funds, what is the difference between their object of theft and the object of theft in the traditional sense. The purpose of the work is to substantiate the most correct and accurate qualification of theft of non-cash funds, to distinguish the fraud components from each other and from other related components. Methods: the scientific analysis of theft components is carried out using ontological and axiological approaches, the method of system analysis, as well as the comparative law method. As a result of the research, the author concludes that the inclusion of Article 159.3 in Chapter 21 of the Criminal Code of the Russian Federation and its new version are justified and contribute to the protection of public relations in the field of ownership of non-cash funds and property rights.

BEZORILIK: HUQUQNI QO‘LLASH MUAMMOLARI

This article examines the qualification problems that are faced today during the investigation and preliminary investigation of criminal offenses, specific aspects of the proof process and aspects of legal regulation of these issues, the identity of the victim, his rights, and other issues related to the subject. The article also contains a dispositional commentary on the crime of hooliganism, which provides a legal interpretation of the existing problems in the application of certain proposals as well as suggestions that their legal definition should be reflected in legislation. In accordance with Article 13 of the Law of the Republic of Uzbekistan dated August 8, 2023, DRU-860, “On anti-corruption expertise of normative legal acts and their drafts,” the proposal “expressed in demonstrative disregard for generally recognized rules of conduct,” which is also an aggravating circumstance of the crime of hooliganism, was noted as an indefinite proposal of discretionary powers in practice, as a legal solution to the problem, a scientific and legal definition of this proposal has been developed, which should be fixed in the explanatory part of Section 8 of the Criminal Code. The research used methods such as analysis, synthesis, induction, deduction, and comparative legal analysis. During the research, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Code of the Republic of Uzbekistan and other legislative and subordinate acts.

"HOOLIGANISM: CRIMINAL LAW QUALIFICATION PROBLEMS "

"HOOLIGANISM: CRIMINAL LAW QUALIFICATION PROBLEMS "

Conveyance of feature gradation semantics in modern Turkish

The aim of the article is to study the Turkish adjective from the point of view of a complex and systematic description of the means that serve to indicate the semantics of feature gradation. Having analyzed the works of Ukrainian Turkologists and representatives of various grammar schools in Turkey and in European countries, which focus on the adjective, we determined that most of them study certain features of the adjective structure or functioning in modern Turkish. Besides, means of denoting the feature manifestation intensity, particularly those having diminutive semantics, especially word-forming affixes that realize this meaning, also became the subject of the scientists’ research. At the same time, we did not record any work that deals with a holisticdescription of linguistic (grammatical, word-forming) means as a system that serves to denote the semantics of feature gradation, which determines the relevance of our research. In the present work, we set the task to carry out such a systematic description of these means and determine the features of their interaction within this system. Along with this, the paper discusses the general problems of qualification of the adjective as part of speech in the Turkish language and differentiation of its lexical and semantic classes. Within the framework of the study, we offer the description of the degrees of comparison of adjectives, the intensive adjective forms, the polyfunctional affix -ca/-ce, the word-forming affixes with diminutive and augmentative semantics as well as the pair words (lexical repetitions) and syntactic models of the implementation of feature gradation semantics. The methodological prerequisite of the study is the functional and semantic approach.

An Inchoate Crime in Criminal Law: Prospects of a Constructionist Approach

The paper considers the possibilities of solving some problems of crime qualification using the juridicalconstructionist approach. The focus of the legal analysis is on the structural features of a specific normative prescription of the criminal law with the peculiarities of the connections between its elements. First, the author shows how the application of different legal structures to similar facts of the case changes the legal assessment of what has been done from a completed crime through an attempt to commit it and to conclusions about the absence of a criminally punishable act. Second, the author discusses the issue of determining not only the moment of the legal completion of the crime, but also the moment of the legal beginning of the crime to find the boundaries between the preparation for the commission of a crime and the attempt to commit it. The author provides his understanding of the legal structure in criminal law, as well as its content. Using the example of judicial normative interpretation and law enforcement practice, the author proves that legal structures can change, despite the fact that the disposition of an article of a Special part of the Criminal Law may remain unchanged. According to the author, the main work on the description and modification of legal structures is carried out by the Supreme Court of the Russian Federation, including its Plenum. The paper demonstrates positive aspects of the constructionist approach in the legal analysis of an unfinished crime, as well as the difficulties that may be caused by it. For clarity, using the analysis of legal structures, the author elucidates approaches to the qualification of attacks on the life of two or more persons, when one victim was killed, and one or more other victims were not killed due to circumstances independent of the will of the perpetrator. In the process of this analysis, the author demonstrates the distinction between attempted murder of two or more persons and preparations for such a crime, and provides his considerations concerning decisions of the courts of appeal of general jurisdiction.

Legal qualification of the use of foul language at work: mobbing or petty hooliganism

The article is devoted to the problem of legal qualification of the use of foul language at work. Despite the fact that Ukrainian labour legislation was supplemented with anti-mobbing innovations at the end of last year, these innovations remain understudied, which leads to many problems in law enforcement. For example, one of the controversial issues is the distinction between the content of Articles 173 «Petty hooliganism» and 1735 «Mobbing (Baiting) of an Employee» of the Code of Ukraine on Administrative Offences.
 To gain a deeper understanding of the central topic of the study, the author analyzes the legal nature of such phenomena as mobbing in labour relations and petty hooliganism. In particular, the author examines their system of features through the prism of its understanding as a holistic and interconnected structure characterised by emergence and impossibility of the whole’s existence without its individual elements.
 In the course of writing this article, the author took into account the situational nature of the use of foul language in the workplace, and therefore proposed several options for resolving various incidents. In particular, the author considers situations in which: 1) an employee constantly uses foul language during communication at work solely due to a low level of speech culture; 2) an employee systematically humiliates the honour and dignity of a colleague by using foul language.
 In addition, the author’s position was expressed in the research paper that the concept of «public place» used in the wording of the disposition of Article 173 of the Code of Ukraine on Administrative Offences is generic in nature, while the term «place of work» is specific in relation to the previous one.
 The empirical basis of the study is the national regulatory legal acts (the Labour Code of Ukraine and the Code of Ukraine on Administrative Offences), as well as court practice.
 In general, this research article is intended to contribute to the improvement of the efficiency of application of the relevant legal provisions of labour and administrative legislation and fair consideration of cases of administrative offences.

Fraud with computer information: problems of criminalization, legislative regulation and qualification

This article discusses the problems of fraud in the field of computer information provided for by the Criminal Code of the Russian Federation. The problems of criminalization, legislative regulation and qualification have been identified, and the current legislation has been analyzed.

О разграничении составов преступлений, предусмотренных статьями 109, 118 и 238 УК РФ, в применении к медицинским работникам: сравнительно-правовой анализ

Introduction. The relevance of the study is dictated by the need to solve the problem of qualification of the acts of medical workers in their professional activities in accordance with Articles 109, 118 and 238 of the Criminal Code of the Russian Federation, based on the elements of the corpus delicti. The article examines the features of the elements of the corpus delicti provided for by the above articles of the Criminal Code of the Russian Federation concerning medical workers, indicates the signs of their similarities and differences in these compositions, gaps in current legislation and shortcomings of normative regulation of medical activities, which are the cause of mistakes of law enforcement officers in the qualification of crimes.
 The purpose of the study is to analyze these gaps and shortcomings and to give proposals for solving these problems.
 Methods. General scientific dialectical and formal-logical methods are used in the study. 
 Results. The results of the study show that, despite the solid judicial practice concerning elements of crimes under consideration, law enforcement officers are far from a unified approach in applying Articles 109, 118 and 238 of the Criminal Code of the Russian Federation when qualifying the acts of medical workers in the process of their professional activities. The authors have proposed several ways of solving the problems of incorrect qualification of these acts according to the Article 238 of the Criminal Code of the Russian Federation.

Sabotage and terrorist act, qualification problems

This article examines the problems of distinguishing the components of criminal offenses provided for in Art. 113 (sabotage) and Art. 258 (terrorist act) of the Criminal Code of Ukraine (hereinafter Criminal Code). With the help of the legislative framework: norms of the Code of Criminal Procedure, as well as doctrinal studies of scientists. The relevance of the topic of this study is due to the fact that in modern conditions in Ukraine there is a tendency to increase the number of subversive and terrorist acts, and the analysis of court practice shows that the question of the ratio of such crimes is solved in different ways. One of the leading areas of development of any country in the world is security, the threat of which is terrorist acts. And this is quite understandable, given its nature and migration processes in economically developed countries. As you know, terror (from the Latin terror - fear, horror) is a purposeful terrifying action, as well as an ideology of violence and the practice of influencing public consciousness, associated with intimidation of the population with various forms of illegal violent actions. This issue was studied by the following scientists: A.A. Music, E.V. Laschuk, V.V. Sychevskyi, E.I. Kharitonov, D.O. Oleinikov. Separate aspects of the terrorist act are considered by: V.F. Antipenko, V.V. Burega, G.S. Berest, V.A. Lipkan, V.V. Litvin, R.V. Mukoida, A.I.Pyasetskyi, M.V. Semikin, S.O. Solodovnikov and M.V. Ushich, as one of the ways of political struggle with the use of ideologically motivated violence.The article highlights the analysis of the elements of the composition of a criminal offense, such as a terrorist act and sabotage.To solve the task, the following algorithm for the analysis of relevant legislative provisions and theoretical concepts was proposed, which includes the following structural elements: 1) comparative analysis of criminal law norms on «sabotage» and «terrorist act»: a) establishing the same and different mandatory legal features included in the composition of these criminal offenses; b) comparison of the legislative constructions of the elements of a criminal offense and establishing their significance for the qualification of the latter; c) the punishment of criminal offenses and its significance for solving issues of their qualification; 2) establishment of the possibility of competition of norms provided for in Art. 113 and Art. 258 of the Criminal Code and the development of rules for the qualification of sabotage in such cases, as well as the separation of competition from the ideal and real combination of «sabotage» and «terrorist act».

Object and Subject of Cri¬minal Offenses in the Field of Use of Electronic Computers, Systems and Computer Networks and Telecommunication Networks

The article deals with the object and subject matter of computer criminal offenses. The purpose of the article is to study the object and subject matter of computer criminal offenses, to analyze the current state of legal regulation of computer criminal offenses, and to provide suggestions and comments to the legislation.
 It is proved that due to the development of scientific and technological progress at the end of the twentieth century, a new type of social relations in the field of computer information circulation emerged in the State, which were subsequently taken under the protection of criminal law. The information security (cybersecurity) of the state has become one of the components of Ukraine's national security. Unlike other scholars, we believe that the direct object of computer criminal offenses is social relations to ensure the integrity and safety of computer information and the safe operation of information systems. The foundation of an information system is a set of information
 resources in the form of computer information, computer technologies and equipment, as well as related computer infrastructure, including telecommunication networks. Not all computer information requires criminal legal protection and, accordingly, can be the subject of computer criminal offenses, so the legislator should amend the dispositions of Articles XVI of the Special Part of the Criminal Code of Ukraine and replace the term "information” with "information protected by law”. It seems that by limiting the ways of influencing computer information in the law, the legislator has provided opportunities to avoid criminal liability to persons who otherwise cause damage to the owners of computer information.
 The complexity of protecting legal relations in the field of computer information lies not only in the evolution of technologies for its registration and transfer, but also in the evolution of legal relations themselves and the ways of influencing them. The backwardness of the articles of Section XVI of the Criminal Code of Ukraine and the problems of qualification of acts under these articles which arise in modern judicial practice cannot be solved by changing the dispositions of these corpus delicti only.

Assistance in subversive activities against Ukraine in the form of voluntary participation in illegal formations: problems of qualification

The article is devoted to the study of the problem of qualification of actions of Ukrainian citizens participating in illegal paramilitary or armed groups established in the temporarily occupied territory. The analysis of scientific literature and case law has shown a variety of approaches to the qualification of such actions. There are two main approaches in the scientific literature regarding the qualification of such actions. The first is the need to qualify such actions under Part 7 of Article 111 of the Criminal Code of Ukraine, and the second is the expediency of qualification under Part 7 of Article 111-1 of the Criminal Code. Based on the analysis of the verdicts in which such actions were assessed, there are four variants of qualification in court practice: under Part 2 of Article 111, Part 7 of Article 111-1 (first variant), under Part 2 of Article 111, Part 7 of Article 111-1, Part 1 of Article 258-3, Part 2 of Article 260 (second variant), Part 2 of Article 111, Part 7 of Article 111-1, Part 2 of Article 260 of the Criminal Code of Ukraine (third variant), Part 2 of Article 111; Part 7 of Article 111-1; Part 2 of Article 260 of the Criminal Code of Ukraine (fourth variant). It is proposed that the actions of a citizen of Ukraine who joined such a formation should be recognized as a special type of high treason in the form of defection to the enemy under martial law and qualified under Part 2 of Article 111 of the Criminal Code of Ukraine. Further participation of a citizen of Ukraine in an illegal paramilitary or armed group created in the temporarily occupied territory is subject to additional qualification under Part 7 of Article 111-1 of the Criminal Code of Ukraine, which provides for liability for a special type of assistance in conducting subversive activities against Ukraine. Additional qualification of such actions under the relevant parts of Article 260 and/or Article 258-3 of the Criminal Code of Ukraine is not required. Key words: high treason, assistance in subversive activities, collaboration, illegal paramilitary or armed group, terrorist organization, temporarily occupied territory, crime, criminal liability, qualification, case law.

Collaboration activities in the form of public calls and denials of armed aggression against Ukraine: practice of application

The article is devoted to the scientific analysis of certain problems of criminal legal qualification for collaboration activities under Part 1 of Art. 111-1 of the Criminal Code of Ukraine. The author makes a criminal law analysis of this provision as one of the manifestations of collaboration activity which is criminalized in law. Some problems of qualification are considered, related to the need to distinguish between the provisions of Part 1 of Article 111-1 of the Criminal Code of Ukraine of Ukraine and parts 1 and 2 of Article 436-2 of the Criminal Code of Ukraine. The article analyzes the court decisions under Part 1 of Article 111-1 of the CC of Ukraine, and certain problems regarding application of this provision in practice, and based on this, a number of conclusions and the author's proposals were formulated. The authors point out certain flaws in the wording of Art. 111-1 of the CC of Ukraine, and associate this with the lack of the necessary scientific justification for the allocation of substantive features of collaboration activities, which the legislator would rely on when criminalizing this type of socially dangerous act. The study argues that acts in the form of public calls for illegal elections and/or referendums should be classified as criminal offenses, namely to define this form in Part 1 of Art. 111-1 of the Criminal Code of Ukraine, given that public calls, public objections are not manifestations of collaborationism in the classical understanding as cooperation with the enemy under occupation. On the basis of the studied criminal proceedings, the ineffectiveness of the application of a single punishment in the form of deprivation of the right to hold certain positions and engage in certain activities. Therefore, it is proposed to provide for alternative penalties in parts 1 and 2 of Art. 111-1 of the Criminal Code of Ukraine to provide for alternative penalties in the form of a penalty and public services.

Criminal influence in information security crimes and the establishment or dissemination of criminal influence as a criminal offense against public safety: ratio problem

Scientific article devoted to the study of the concept of «criminal influence» in its various criminal law meanings. The subject of the author's scientific interest is the relationship between the concept of "criminal influence" as a component of complicity - in the commission of a criminal offense by prior conspiracy by a group of persons in the field of information security and as a component of establishing or spreading criminal influence as a criminal offense against public safety.
 The content of establishing or spreading criminal influence as an independent socially dangerous act and as an element of criminal acts when committing criminally punishable acts in the field of information security is disclosed. Attention is focused on the main forms of criminal influence during the commission of criminal offenses in the field of information security. Formulated author's proposals regarding the levels of criminal influence.
 The issue of the criminal-legal qualification of acts related to the establishment or expansion of criminal influence has recently developed. And already published scientific works that deserve attention and their study and analysis. At the same time, for the field of information security, the problem of qualification of illegal acts using such a feature as the establishment or spread of criminal influence has not yet acquired an adequate level of research. The issue of distinguishing criminal influence as a component of the commission of a criminal offense based on a prior conspiracy by a group of persons and as an independent criminal offense provided for in Art. 255-1 of the Сriminal code of Ukraine.
 The current state of development of relations in the field of information technologies has a steady trend towards the total digitalization of all social processes without exception. The expanded use of information technologies during the collection and processing of personal data of a person, the transfer of financial transactions to a cashless form and even the availability of personal electronic documents - all this in its entirety significantly simplifies the process of developing social relations, realizing the rights of a person and satisfying his interests. At the same time, similar trends lead to the reorientation of criminal influence from real to virtual space, which contributes to the spread and modernization of crime in the field of information relations.

Legal status of construction participants in case of bankruptcy of the developer: problems of qualification

The article examines the legal status of citizens who have filed claims in the bankruptcy case of a developer. The analysis of changes in the legal definition of the concept of “construction participant” in connection with the exclusion of legal entities from it is presented. The requirements of citizens satisfying their housing needs and citizens pursuing investment goals are differentiated. The conclusion is made about the identity of the legal status of construction participants who have both monetary and non-monetary claims to the developer. The legal positions of the Supreme Court of the Russian Federation on lowering the priority of the requirements of construction participants pursuing investment goals are analyzed. It is proposed to amend the Bankruptcy Law aimed at observing the principle of legal certainty.