Prohibition Law Research Articles

Social Conditions оf the Criminalization of Collaborative Activities іn Ukraine

The application of criminal law measures or criminal liability for violation of legal norms is an exclusive and particularly strict measure of state coercion, therefore the question of the feasibility and correctness of introducing a new article into the criminal law is extremely urgent. The purpose of the article is to clarify the essence and grounds of criminalization of collaborative activities in Ukraine. The methodology consists of terminological, system-structural methods, the method of analysis and synthesis, and logical-deductive. It is noted that social conditionality is the state’s response to society’s need to introduce a new level and quality of guarantees of legality. The main task of social conditionality is the study of the circumstances that affect the creation of norms and institutions of criminal legislation and their effectiveness. It has been proven that the criminalization of collaborative activity is conditioned by a number of reasons (the existence of socially dangerous behavior that requires a criminal law prohibition, the relative prevalence of socially dangerous acts, a change in ideas about the nature and degree of social danger of an act, a change in the generally recognized moral assessment of the relevant act, the insufficiency of available means, other than criminal law, to effectively counteract these acts, the need for a criminal law guarantee of rights and freedoms), which are objective in nature and in together, they determine the need to introduce criminal liability for such an act. Prospects for the author’s future research are the study of the practices of foreign states regarding the criminalization of collaborative activities.

SOLDIERS’ UNREST DURING MOBILIZATION IN THE TERRITORY OF TATARSTAN DURING THE FIRST WORLD WAR (by the documents of the State Archive of the Republic of Tatarstan)

The purpose of the publication is to restore the event and the ethno-psychological aspects of mobilization of 1914 in Kazan province within the territories that are currently administratively make part of the Republic of Tatarstan. The novelty of the work consists in studying the issue of soldiers’ unrest and illegal actions of other social strata of Kazan governorate during soldiers’ conscription in July 1914. Unpublished archival sources of the State Archive of the Republic of Tatarstan were the basis for studying the aspects of the issue of coordinating the actions of power and municipal state structures in the person of municipal government and local military leadership with various ethnic and social groups of the local population during conscription at the beginning of the First World War. The destructive component of soldiers’ unrest and riots is considered in the context of social conflict theory developed by the political analyst T. Skochpol and the concept of functional intra-ethnic conflict created by the cultural studies scholar, sociologist and ethnologist S.V. Lurie. The issues of the dynamics in the expression of deviant behavior of conscripted servicemen in Kazan, Laishevsky, Spassky and Chistopol uyezds of Kazan governorate are elucidated. Attention is paid to the social, ethnic, psychological and religious motives of the lower ranks’ riots in the region. Such an important aspect of the problem as the causes of unfavorable mobilization course within the borders of the governorate at the beginning of the war is studied. The article identifies and touches upon the issue of the main forms of social aggression in the soldier masses, the trigger of which was introduction of the “prohibition law”.

Reforming Criminal Responsibility for Illegal Trafficking in Human Anatomical Materials in the Context of the European Integration of Ukraine

Transplant tourism is a negative consequence of the globalization of society. Trafficking in human organs has reached all countries and threatens their security. This international problem requires a response from states, their legislative institutions and international organizations. The purpose of this article is a comprehensive study and systematization of the norms of international law and national legislation, which determine the legal regime of the circulation of human anatomical materials, as well as the identification of shortcomings in the criminal-legal protection of the field of transplantology in Ukraine and the search for ways to improve domestic criminal legislation in the context of the European integration of our country. Various research methods were used to achieve this goal. In particular, the elements and features of the composition of criminal offenses of the current legislation and the relevant novels were analysed using the dialectical method of cognition. Thanks to the use of the historical method, a number of international legal acts have been established that prohibit the trade in human organs. The dogmatic method made it possible to reveal the actual content of legal norms that regulate the circulation of human anatomical materials. The system-structural method was used during the study of normative legal acts of a universal, regional and national nature. Using the comparative legal method, norms of international law and national legislation of Ukraine in the field of transplantology were compared. The paper proves that the most important international legal standard dedicated to the fight against the illegal circulation of human anatomical materials is the Council of Europe Convention against Trafficking in Organs, which provides for criminal law prohibitions that must be implemented by the participating states in their national legislation. All conventional prohibitions are combined into four related groups and compared with criminal offenses provided for by the Criminal Code of Ukraine. Novels of the draft criminal law, which provide for responsibility for illegal transplantation, trafficking in human organs and other illegal circulation of human anatomical materials, were also studied. A comprehensive analysis of the legal regime in the field of transplantology gave grounds for the conclusion of the need to ratify the Council of Europe Convention against trafficking in human organs on the way to the European integration of Ukraine. The research also established that some conventional prohibitions in the field of transplantology are at the same time types of corruption offenses, which are provided for in the current Criminal Code. This indicates the further need for a detailed analysis of such norms, establishing their features, interrelationship and correlation with the relevant provisions of the legislation of Ukraine.

Liability for assistance to aggressor state: issues of qualification and improvement of criminal law

From the moment of the open attack by the Russian Federation, the issues of criminal law response to encroachments on the foundations of Ukraine’s national security, which have not been resolved since the beginning of the war in 2014, have reemerged. Among the most urgent was the question of whether provisions of criminal law in force as of February 24, 2022 ensured the possibility of providing a proper assessment of the actions of persons who in various forms assist the aggressor state. The first decision made in order to solve this issue was the introduction of Article 111-1 “Collaborative activity” to the Criminal Code of Ukraine. Due to the belief of the People’s Deputies of Ukraine in the inadequacy of such a legislative step, another criminal law prohibition has appeared – Art. 111-2 “Assistance to the aggressor state”.
 The purpose of the research is in critical understanding of the debatable aspects of the criminal law novel about aiding the aggressor state, based on the results of which scientifically based recommendations should be developed in order to improve relevant provisions of the current criminal law and practice of its application.
 It has been proven that, despite the noble intentions of the parliamentarians, the inclusion of Art. 111-2 “Assistance to the aggressor state” has increased both the conflicting nature of the domestic criminal law and the legal uncertainty partially inherent in it, and also forces us to once again talk about excessive criminalization. Among the achievements of the legislative work related to the construction of the criminal law prohibition dedicated to aiding the aggressor state, one can only include the non-use in the current wording of Art. 111-2 of the Criminal Code of unjustifiably abstract phrases “other voluntary interaction with representatives of the aggressor state” and “any cooperation with representatives of the aggressor state”.
 Based on the example of criminal law assessment of such manifestations of assistance to the aggressor state, such as the transfer of material resources to the armed formations of the aggressor state and the implementation or support of the decisions and / or actions of the aggressor state, armed formations and / or the occupation administration of the aggressor state, the problematic nature of differing analyzed crime from collaborative activity, treason and justification, recognition as legitimate, denial of armed aggression of the Russian Federation against Ukraine, glorification of its participants has been demonstrated. The problem, which has risen as a result of the partially inappropriate duplication of legislative material, is proposed to be solved in one of three ways to optimize the articles of the Criminal Code on liability for treason, collaborative activity and assistance to the aggressor state.

Corruption in the Work of Commercial and Other Organizations: Modern Problems of Criminal Law Counteraction

The article is devoted to the analysis of the current state of criminal and legal measures aimed at combatting corruption in the Russian Federation. It examines a set of urgent problems of counteracting corruption in the work of commercial and other organizations through the establishment and implementation of criminal liability for certain corruption violations of the interests of service in such organizations. The relevance of the study is due to the low effectiveness of existing anti-corruption measures, as clearly evidenced by statistical data on the increase in corruption crimes in this area, as well as the National Anti-Corruption Plan for 2021-2024 adopted in August 2021, approved by Presidential Decree No. 478 of August 16, 2021. The article analyzes the changes in anti-corruption legislation on the example of Federal Law No. 7-FZ of January 12, 1996 «On Non-Profit Organizations», Federal Law of December 1, 2007 No. 318-FZ «On Amendments to Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law «On the State Atomic Energy Corporation Rosatom», Federal Law No. 265-FZ of July 13, 2015 «On Amendments to Certain Legislative Acts of the Russian Federation», Federal Law of February 24, 2021 No. 16-FZ «On Amendments to Articles 201 and 285 of the Criminal Code of the Russian Federation», Federal Law No. 345-FZ of July 14, 2022 «On Amendments to Article 200.4 of the Criminal Code of the Russian Federation», etc. The conducted research allowed us to conclude that it is necessary to further improve the norms of the criminal law on responsibility for corruption-related crimes in the work of commercial and other organizations, which should be carried out while taking into account changing public relations and the ongoing rethinking of the priorities of criminal law protection, due, in particular, to the strengthening of the role of the state and its institutions in ensuring the normal functioning of the economy, social security and other spheres of society, as well as the requirements of certainty and consistency of criminal law prohibitions.

Subjective signs disease of venereal infection

The article is devoted to the problem of the criminal law prohibition of infection with venereal diseases. The use of criminal legal means is a necessary and effective tool in the fight against the spread of social diseases. Part 2 and Part 3 of this article provide for the qualified components of the crime - infection with a venereal disease by a person previously convicted of infecting another person with a venereal disease, infection of two or more persons or a minor (Part 2 of Article 133 of the Criminal Code of Ukraine) and infection which caused serious consequences (Part 3 of Article 133 of the Criminal Code of Ukraine).
 The article presents official statistical data on the level of the specified criminal offenses for the period from 1992 to 2021. It is established that, compared to the 90s and 2000s, the level of these criminal offenses has significantly decreased. If for the period from 1992 to 2011 an average of 36 crimes were registered per year, then for the period from 2013 to 2021, only 10 crimes, provided for by Art. 133 of the Criminal Code of Ukraine.
 Although there is a certain decrease in the quantitative indicators of the analyzed criminal offense, its social danger is high, since this act encroaches on an important group of social values, in particular, the health of a person.
 The article examines questions regarding the content of subjective signs of infection with a venereal disease, since establishing their features is of exceptional importance for the correct qualification of the act.
 Signs of a special subject of venereal disease infection are being investigated. The subject of the crime under consideration is a special one, namely a person who knew about the presence of a venereal disease. Responsibility begins at the age of 16. The fact that a person is aware of his illness can be evidenced by the results of a medical examination, a warning from a medical institution, as well as his own experience and his reference to medical literature.
 It has been established that the possible subjects of this crime should include not only sick persons, but also bacteria carriers and contact persons (provided that these persons are aware).
 The idea that direct intent is impossible for this component of the crime is denied. The subjective side of venereal disease infection is characterized by direct and indirect intent, as well as unlawful self-confidence.

The principle of legality in the criminal law of Ukraine and the Federal Republic of Germany: separate regulatory and enforcement aspects

The article states that today in Ukraine, the principle of legality in criminal law is directly related to criminal law regulation and its mechanism, influencing its "work" in the regimes of violation and observance of criminal law prohibitions. Some of these features do not have a clear understanding in the criminal law of Ukraine. You can find out some of these features by referring to the relevant provisions of the German criminal law.
 It is noted that when determining the criminal-legal content of the principle of legality, one should take into account the normative guidelines enshrined in the Constitution, acts of criminal, criminal procedural, etc. legislation.
 The authors of the article conduct a consistent analysis of the provisions of the Constitution of the Federal Republic of Germany and the Criminal Code of the Federal Republic of Germany with the aim of clarifying the relevant provisions of the criminal law of the Federal Republic of Germany on the content, structure and application of the principle of legality in order to explain the specific features of the "components" of this principle and its "work" in the criminal law of Ukraine .
 The article discloses general and special legal provisions relating to the content and structure of the principle of legality in criminal law, as well as to define the structure and "components" of this principle.
 Attention is drawn to the fact that the specified understanding of the principle of legality (its components), which is based on the norms of the Constitution, the Criminal Code, the Code of Criminal Procedure, etc. legislative acts, allows you to determine the specifics of the application of this principle in criminal law.
 It is noted that the regulatory guidelines for the researched issue are "presented" primarily in Art. 103 par. 2 of the Constitution of the Federal Republic of Germany and § 1 of the Criminal Code of the Federal Republic of Germany. Thanks to the "work" of this principle, the so-called "guarantee function of criminal law" is ensured in the criminal law of the Federal Republic of Germany.
 The structural elements of the principle of legality are defined, which directly affect the "work" of this principle in criminal law. Points of consideration of the principle of legality are determined when comparing the sources of criminal law.

The role of lending in the context of economic sanctions and criminal law protection of public relations in the credit sphere

The article is devoted to identifying the role of lending for the parties to loan relations and the economy as a whole in the conditions of economic sanctions and inflationary risks by analyzing the number of borrowers and the volume of overdue accounts payable in the business and consumer sectors, as well as the dynamics of lending in February and March 2022.
 The author makes the conclusion about the growth of overdue debts, a decrease in the number of consumer loans issued and focuses on the real, rather than nominal, guarantee of criminal protection of creditors’ rights, traces the dependence of the development of the monetary system and the economy of the region and the country as a whole.
 The article presents statistics on bringing persons to criminal responsibility and imposing punishments in 2021 for crimes in the credit sphere that violate the relationship between the creditor and the debtor, the conclusion is made about the actual non-demand of Articles 176, 177 of the Criminal Code of the Russian Federation and the application of Article 159.1 of the Criminal Code of the Russian Federation. An attempt has been made to identify some problems of law enforcement of legislative norms and to give a detailed analysis of objective and subjective signs of the elements of crimes: “Illegal receipt of a loan”, “Malicious evasion of repayment of accounts payable” in comparison with “Fraud in the field of lending”.
 As a result, the author makes the conclusion that the effectiveness of the criminal law prohibition and prescription does not always consist in the application of the norm, it manifests itself in achieving the goal of crime prevention.

Origins of Oversight: Covert Action Amendments to the National Security Act of 1947

The National Security Act of 1947 enabled the CIA to “to perform such other functions and duties related to intelligence affecting the national security as the National Security Council [NSC] may from time to time direct.” Although intended to establish the Central Intelligence Agency (CIA)’s control over the collection of clandestine foreign intelligence, this language was vague enough to authorize other covert operations (psychological, political, and paramilitary) at the direction of the NSC. Attempts at covert action oversight gained traction only after the exposure of unacknowledged CIA activities. The term “covert action” was not defined in legislation until the 1990s. This article categorizes congressional attempts to establish the parameters and regulate covert action both in terms of prohibiting or enabling such action and of enacting substantive or procedural rules. The success of such attempts has depended heavily on the extent of bipartisan support in Congress. Congress is more likely to choose substantive laws when faced with recent intelligence scandals, and Congress is less likely to create prohibitive laws as bipartisan support increases. These trends are supported by the legislative history of the 1991 Intelligence Authorization Act and the 2004 Intelligence Reform and Terrorism Prevention Act.

Criminal law protection of critical infrastructure objects against subversive encroachments

The norms of domestic and foreign legislation, which establish a criminal law prohibition of encroachments on objects of critical importance for the economy, defense and life support of the population for subversive purposes, have been studied. With the help of the historical and legal method, an analysis of the criminalization of such socially dangerous acts as diversion, sabotage, and vandalism in Ukraine during the last century has been carried out. Moreover, using the comparativist method, the criminal law norms of France, Germany and the USA on responsibility for sabotage have been examined. At the same time, the main attention paid to the subject and forms of committing the corresponding socially dangerous acts, as well as the moment from which the crime is considered finished.
 It has been established that the current legislation of Ukraine has a number of shortcomings and gaps in the criminal law protection of critical infrastructure objects from subversive encroachments. In particular, criminal liability is established for attempts to damage objects important to the state, and not for their actual damage, that is, real socially dangerous consequences (sabotage itself) require additional qualifications. The criminal law norm provided for in Art. 113 of the Criminal Code of Ukraine, is formulated with violation of the principle of proportionality of the social danger of the act and the severity of the punishment provided for its commission. The dispositively defined subject of diversion contains the term “national economy”, which has lost its legal basis, as well as a synecdoche (the use of the plural instead of the singular). On the objective side, the composition of sabotage, defined in Art. 113 of the Criminal Code of Ukraine, does not criminalize illegal inaction, as well as actions aimed at disorganization, slowing down or making impossible the operation of such facilities important to the state.
 On this basis, it has been proposed to formulate the second form of sabotage (Article 113 of the Criminal Code of Ukraine) in the following wording: “Destruction or damage to a critical infrastructure object by arson, explosion or other means with the aim of weakening the state”, as well as to supplement the Criminal Code of Ukraine with an amendment on sabotage, which is understood as “actions aimed at weakening the state, actions or decision-making aimed at destabilizing or making impossible the intended functioning of a critical infrastructure object, in the absence of signs of diversion”.

Technical-legal aspects of the normative consolidation of the signs of the objective side of the crime provided for in Article 238.1 of the Criminal Code of the Russian Federation

The article analyzes the peculiarities of the regulation of criminal liability for the circulation of falsified, substandard and unregistered medicines, medical devices and the turnover of falsified biologically active additives (Article 238.1 of the Criminal Code of the Russian Federation). First of all, the author highlights violations of the general rules of legislative technique, which provide for compliance with the requirements of saving regulatory material, the use of similar terms in the construction of homogeneous compositions of crimes, etc. The author notes that it is necessary to normalize the level of punishability of single-order elements of crimes enshrined in Articles 235.1 and 238.1 of the Criminal Code of the Russian Federation by simultaneously indicating the large size of the acts committed in these criminal law prohibitions. The article notes the need for additional criminological analysis of other possible illegal actions with falsified, substandard or unregistered medicines, medical products and biologically active additives, such as - purchase, storage, transportation. The author also offers various options for interpreting the signs of the objective side, such as production and marketing, examines the features and controversial aspects of the qualification of an unfinished crime, explores the issues of excluding criminal liability in the manufacture of medicines and medical devices in the process of conducting clinical trials and research, and carrying out export operations.

Signs that qualify the composition of crimes related to illegal deprivation of liberty: concepts and system

The purpose of the article was to clarify the legal nature and define the concept of features that qualify crimes that are associated with illegal deprivation of liberty and to present their totality provided by the criminal law in the form of a system based on the classification and grouping. Achieving this goal was facilitated by the answers to the following questions: 1) what is the legally established set of features that qualify crimes related to illegal deprivation of liberty offered by the current Criminal Code of Ukraine? 2) what should be understood by the features that qualify a criminal offense and what characteristic features are characteristic of this concept? 3) are the signs established in the Criminal Code of Ukraine that qualify crimes related to illegal deprivation of liberty assigned with these signs? 4) how can such signs be classified or grouped, taking into account the answers to the previous questions? 5) what criminal-legal significance will the given classifications of signs have. Answering the indicated questions, the author assumed that the features that qualify a criminal offense act as a means of differentiating criminal responsibility and in this connection are immanently endowed with features that are characteristic of this instrument of criminal law regulation. They do not create a new criminal law prohibition, instead they change the specific manifestation of its criminal illegality and, accordingly, the punishment of the committed. It was established that the essential and necessary signs of «signs that qualify a criminal offense» are that they: - are contained directly in the criminal law; - are included in the structure of the composition of the criminal offense; - «transform» the basic composition into a qualified one; - is a generalized designation of the circumstances of the commission of a criminal offense; - affect the dangerousness of the committed act, which causes an independent criminal sanction, which is reflected in an independent structural part of the criminal law; - demand a criminal-legal assessment of the offense committed under another structural part of the criminal law, different from the one containing the basic composition of the offense; - have an imperative character, i.e. they must be applied. The paper concludes that the most important criminal-legal significance for criminal-legal qualification is the grouping of features that qualify crimes related to illegal deprivation of liberty into such groups, which are separated according to those qualification rules, from the whole set of various classifications. which should be applied for the legal evaluation of the committed.

Secondary Sanctions: Why the US Approach Is Unlawful and the EU’s Response Is Ineffective

In recent years, the United States has increasingly reverted to imposing secondary sanctions on friends and foes alike. Realizing that other major economic actors, such as the European Union, China and India, are very often unwilling to follow the United States’ foreign policy dictum, and exploiting its position as a major economic power and holder of the world’s reserve currency, the United States has begun penalizing third state actors that continue trading with US primary sanction targets. In some cases, that has gone so far as to lead to the issuance of US arrest warrants and the subsequent arrest of third state citizens for violating US sanction laws while engaged in transactions that took place outside of the US. Seen from an international law perspective, such conduct raises jurisdictional issues. I will explain that the US cannot rely on any jurisdictional principle recognized by the international community to justify its approach to secondary sanctions. In fact, the international community has come to reject the US modus operandi of imposing secondary sanctions as unlawful, creating a customary international law prohibition. I will then examine the European Union’s ineffective response by imposing a Blocking Statute and, in the case of Iran, by creating a Special Purpose Vehicle (SPV). Secondary Sanctions, Customary International Law, Jurisdiction, Blocking Statute, Special Purpose Vehicle

Print Rights with a Thousand Masks: Migrant Vulnerability, Resistance and Human Rights Law

PrintRights, a cooperative of undocumented asylum-seekers in Amsterdam, manufactured facemasks during the Covid-19 pandemic; first distributing them to undocumented migrants residing in the city’s emergency shelter system and then selling them on-line to the wider public. By distributing facemasks with a message, PrintRights performatively inhabited the right to distribute printed works, legally resisting alienage law prohibitions on employment. Engaging the theory of Judith Butler, this article analyzes the relationship between PrintRights’ resistance, vulnerability and human rights discourse. Drawing on fieldwork conducted with PrintRights, this article shows the potential of human rights discourse to support undocumented migrant resistance. 

CHINA'S NATIONAL SWORD POLICY REACTION TO SOUTHEAST ASIA'S WASTE TRADE AND THE TRANSITION TO A CIRCULAR ECONOMY

Waste trade, like those of other resources, has grown globally. The waste trade must be implemented in order to ensure environmental sustainability and the transition to a circular economy (CE). Waste trade, in the context of CE, serves as a basis for the development of circular business operations by facilitating end-of-life product management activities such as product return, reuse, recycling, and refurbishment. China is regarded as a global leader in recycling and solid waste disposal. Solid waste management is the process of reusing manufactured products to recover and reuse resources including plastics. However, the reassessment of the quality of traded recyclable materials has sparked a global waste governance dilemma. The goal of this study is to bring attention to the environmental consequences of plastic waste in a transition to a CE and the overview of China's national sword policy prohibition law. Using a qualitative approach, this study will analyse, assess, and formulate the practices of the waste trade that is now practised in the business. Various types of waste and how they cause emissions, waste trade and CE, China’s national sword policy and the consequences of worldwide plastic trade on businesses and the environment will be discussed. Additionally, a few steps that should be addressed including appropriate waste management and public awareness are also discussed. China's national sword policy is widely acknowledged to have a substantial effect on its neighbourhood countries including Malaysia, Vietnam, Thailand and Indonesia. This study concluded with a recommendation for how the developing countries could benefit from China's pathways.

Comparative analysis of the legislation of foreign countries on criminal liability for enforced disappearance.

The article analyzes the foreign experience of criminal law counteraction to enforced disappearances on the basis of research of the legislation of 50 countries.
 A study of the criminal law of approximately 100 countries has shown that criminal law prohibitions on enforced disappearances are currently contained in the legislation of Albania, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Belgium, Bolivia, Bosnia and Herzegovina, Burkina Faso, Burundi, Cambodia, Chad, Colombia, Congo, Croatia, the Czech Republic, El Salvador, Finland, France, Gabon, Germany, Guatemala, Honduras, Kyrgyzstan, Lesotho, Lithuania, Luxembourg, Mali, Malta, Mexico, Moldova, Mongolia, Montenegro, Netherlands, Nicaragua, Norway, Northern Macedonia, Panama, Paraguay, Peru, Poland, Romania, Serbia, Slovakia, Slovenia, Spain, Switzerland, Venezuela.
 It is found that the place of enforced disappearance in the system of the Special Part of foreign criminal laws is defined differently. The article establishes that the vast majority of legislators recognized this act as a crime against international law order.
 It is noteworthy that many legislators did not single out a separate article on liability for enforced disappearance, but recognized this act as a type of crime against humanity, mentioning it in the relevant “general” article.
 The article establishes that while formulating the disposition of the relevant criminal law prohibition, most legislators of foreign countries proceeded from the definition of enforced disappearance, given in Art. 2 of the International Convention for the Protection of All Persons from Enforced Disappearance, and from the definition of this act, given in paragraph “i” of Part 2 of Art. 7 of the Rome Statute of the International Criminal Court. Attention is drawn to the fact that these international legal acts set different standards for criminalizing enforced disappearances.
 There is a significant variety of existing approaches not only to criminalization, but also to penalizing enforced disappearances. The article emphasizes that the studied foreign experience may be needed in improving the domestic criminal law prohibition on liability for such encroachment. In particular, the overwhelming majority of legislators attribute enforced disappearances to crimes against international law order rather than to encroachments on personal liberty.

Analysis of the legislative decision on strengthening criminal liability for looting

The article is devoted to the analysis of the legislative decision on strengthening criminal liability for looting. According to the results of the study, firstly, he presented his own vision of those controversial provisions, the mastery of which can cause the greatest difficulties for both ordinary citizens and law enforcement, and secondly, identified and proposed proposals to eliminate inherent shortcomings of the Act. will most likely have a negative impact on the effectiveness of the relevant criminal law prohibitions.
 In particular, it is proved that under parts four of Articles 185, 186, 187, 189, 191 of the Criminal Code of Ukraine as "committed under martial law (state of emergency)" should be qualified as the terrain and circumstances of their commission, ie whether they were directly related to the use of the mentioned conditions (in case of martial law or state of emergency).
 At the same time, it was concluded that the differentiation of liability should be associated only with the commission of criminal offenses against property in question "using the conditions of martial law or state of emergency", which should be mentioned in the improved versions of the ban in question. provisions".
 In addition, the provision is substantiated that the list of acts provided for by the Law of Ukraine of March 3, 2022, for which responsibility should be strengthened in case of their commission in martial law or state of emergency, should be supplemented by violations of Article 190 ("fraud"), 262 (" illegal possession of firearms (except smooth-bore hunting), ammunition, explosives, explosive devices or radioactive materials") and 289 ("illegal possession of a vehicle") of the Criminal Code of Ukraine.

War against Prohibition: Italians and Booze in New York City, 1920–1933

War against Prohibition: Italians and Booze in New York City, 1920–1933

Уголовно-правовая охрана территориальной целостности Российской Федерации

Introduction. Currently, responsibility for violating the territorial integrity of Russia is established by Articles 2801 and 2802 of the Criminal Code of the Russian Federation. Introduced in 2013, Article 2801 of the Criminal Code of the Russian Federation, which defined responsibility for public calls for actions aimed at violating the territorial integrity of the Russian Federation, caused a discussion in scientific circles, the essence of which boils down to the question of the need to «bud it off» from the «parent» Article 280 of the Criminal Code of the Russian Federation. In 2020 The Criminal Code of the Russian Federation was supplemented by Article 2802, which established responsibility for violating the territorial integrity of our state. Theoretical foundations. Methods. The theoretical basis of this study consists of the work by domestic and foreign experts in the field of the history of the state and law, constitutional law, criminal law. The methodological component is determined by general scientific methods: historical, comparative-legal, the method of analogy, deduction, synthesis and special methods: system-structural, formal-logical and others. The results. Amendments to the criminal legislation regarding the protection of the territorial integrity of the state is a necessary measure that has a pronounced preventive potential in order to eliminate the chance of development of the “color revolution” scenario. The author presents the useful criteria aimed at distinguishing the adjacent norms of the criminal law. The analysis of the certain terms (delimitation, demarcation, redemarkation of the state border) shows the lack of a unified approach to their understanding both in doctrinal sources and international legal documents. Discussion and Conclusion. For a uniform understanding of the criminal law prohibitions defined by Articles 2801, 2802 of the Criminal Code of the Russian Federation, it is necessary to suggest a legal interpretation of a number of terms used in the text of the law. Considering that the legislator uses a linguistic technique “in the absence of signs of crimes” in Article 2802 of the Criminal Code of the Russian Federation, the author justifies the importance of supplementing the list specified by the legislator in the Part 2 of Article 208 of the Criminal Code of the Russian Federation.

The social conditioning of criminal responsibility for illegal deprivation of liberty

Personal freedom is an inalienable property of a person embedded in his very essence, it is the embodiment of individuality and self-sufficiency of everyone, a normal condition for the development of an individual and society as a whole. We suggest that socially dangerous acts, which are provided by art. 146, 1461, 147, 149, 151, 349, 3491, 371, 444 of Criminal Code of Ukraine.Every time, researching the issue of the existence of criminal responsability and the forms of its implementation, scientists do not bypass the question of the social conditioning of these legal phenomena. In modern conditions of globalization, all civilized countries are trying to build their legislation, including criminal legislation, and, accordingly, to develop a system of countermeasures against socially dangerous acts, based on international normative acts. The international legal need to establish criminal law prohibitions in Ukrainian legislation depends on the international obligations that Ukraine has assumed before the international community. In accordance with such obligations, national legislation must be brought into line with the requirements and recommendations established in international legal documents to which Ukraine is a party. All these conventions establish the right of a person to personal freedom. In addition, some of them contain provisions on the need to establish criminal responsability and punishment for crimes related to illegal deprivation of liberty.Characterizing the criminally illegal acts connected with illegal deprivation of liberty to date, and analyzing in detail their crime-forming features, one should talk about their social danger. And the nature and degree of public danger of such criminally illegal acts is determined by the value of the entire system of criminal law protection objects, which are negatively affected.