Punishment Research Articles

Criticism of legal protection for victims of drug abuse: the disharmony in legal substance regulation

This research aims to analyse the legal regulation of narcotics addicts in Indonesia and legal protection for victims of drug abuse, the disharmony in legal substance regulation. Law Number 35 of 2009 concerning Narcotics in Indonesia establishes the legal framework for rehabilitation, protection and eradication of narcotics abuse at the national level. This regulation requires rehabilitation measures for narcotics users, especially those categorised as victims, and provides uniform law enforcement guidelines. On the other hand, regional regulations can expand and strengthen national regulations by adapting local approaches to suit the needs of local communities. This is legal research using qualitative research methods. Legal regulations for narcotics addicts in Indonesia are regulated in Law No. 35 of 2009 concerning Narcotics with a rehabilitative approach, but it still faces various challenges in its implementation. In Law No. 35 of 2009 concerning Narcotics, the disharmony of articles can arise due to several factors, including differing interpretations, unclear legal norms, or inconsistency with other relevant regulations. What is often debated is the different approaches between rehabilitation for narcotics addicts and criminal punishment for narcotics crime perpetrators in the Narcotics Law. Article 54 states that narcotics addicts are required to undergo medical and social rehabilitation. On the contrary, Article 127 paragraph (1) asserts that narcotics users without rights or against the law are subject to imprisonment.

FENOMENA PENGHINDARAN PEMBAYARAN PPN YANG SUDAH DIPUNGUT OLEH PENGUSAHA KENA PAJAK, APA MOTIFNYA?

This research aims to determine the phenomenon of evasion of payment of value added tax which has been collected by taxable entrepreneurs in Indonesia. The focus of this research was carried out at the Cilegon Pratama Tax Service Office by gathering information from Account Representatives and taxpayers. The matter studied is related to the motives that cause taxpayers to avoid paying value added tax that has been levied on the delivery of taxable goods and/or taxable services. In 2023, the realization of tax revenue from the Cilegon Pratama Tax Service Office reached 110.13%, however this was not supported by revenue from value added tax which only reached 94.18%. This indicates that there is avoidance of paying value added tax which has been collected by taxable entrepreneurs. Using a transcendental phenomenological approach, this research explores the motives that encourage taxable entrepreneurs to avoid paying the value added tax that has been collected without depositing it into the state treasury. The results of the research show that taxpayers are aware that evasion of payment of value added tax that has been collected is an unlawful act that can be subject to sanctions in the form of fines or criminal penalties, however, late payment of bills from transaction counterparties and liquidity difficulties are the main motives for taxpayers not to deposit VAT into the state treasury.

Kewenangan Notaris/PPAT Melaksanakan Jasa Escrow Pembayaran Bea Perolehan Hak Atas Tanah dan Bangunan

Revenue from taxation, constituting the primary financial resource of a nation, mandates compliance from all taxpayers. Among the requisite fiscal impositions, the BPHTB Tax applies to transactions involving the acquisition of land and building rights. In this context, the Notary/PPAT, who serves as a public functionary in creating authentic transactional deeds, is frequently empowered by the involved parties to both hold tax payment funds in trust and to facilitate the payment of BPHTB Tax upon due. This function is recognized as Escrow Services. The focal legal question of this study concerns both the regulatory vacuum surrounding the authority granted to Notary/PPAT to administer BPHTB Tax payment via Escrow Services, and the nature of the accountability that must be assumed by Notary/PPAT when such services are exploited for personal gain. The approach employed in this scholarly endeavor constitutes a normative legal examination, concentrating primarily on the scrutiny of statutes. The principal subject of investigation is the norms and regulations stipulated within these legislative documents. The acquisition of legal information is executed through an analysis of documents or by conducting literature reviews. Subsequently, the amassed legal data undergoes analysis via a qualitative methodology. This study underscores the critical need for precise stipulations and restrictions concerning the Authority vested in Notary/PPAT. This regulation is perceived as possessing significant urgency in bestowing legal certainty upon all involved entities. It is articulated within Article 15 of the UUJNP that the Notary/PPAT lacks the authority to execute Escrow Services. Moreover, in an expression of accountability, Notary/PPAT who exploit the authority associated with Escrow Services dispensed by the parties will face criminal and administrative penalties.

"It Would Ruin My Life": Pacific Islander Male Adolescents' Perceptions of Mental Health Help-Seeking-An Interpretative Phenomenological Analysis Focus Group Study.

Given rising mental health concerns among Pacific Islander (PI) adolescents, this population remains underserved by available mental health resources. This interpretative phenomenological analysis with focus groups (IPA-FG) examined the lived experiences and perceptions of 19 male PI adolescents (ages 14-16) from Native Hawaiian, Maori, Samoan, and Tongan backgrounds regarding mental health help-seeking behaviors. Four overarching themes emerged: stigma and judgment, cultural misalignment in professional services, impact of disclosure and perceived punitive consequences, and a complex ecosystem of trusted relationships as mental health support. Notably, participants expressed belief that disclosing mental health challenges would "ruin their lives" and held misconceptions about adults' ability to address mental health concerns. These findings are particularly significant given high suicidality rates among PI adolescents. This study provides insights for developing culturally responsive mental health interventions and highlights the urgent need to address mental health stigma within PI communities. Implications for practice are discussed.

ازدواجية الجزاء عن انتهاك الحق في الصورة في ضوء القانون المغربي

The right to image is one of the most important rights that fall within the elements of private life. It has been subjected to serious violations today due to technological development and the wide spread of media and social media, which has prompted various comparative and national legislations to enact criminal and civil penalties related to the violation of this right. This research aims to discuss the criminal penalty for infringement of the right to image and compensation as a civil penalty for infringement in light of Moroccan law, based on an analytical and critical approach to the contents of legal texts and the national experience with foreign counterparts. It was found that the criminal sanction under Law No. 13-103 and the civil sanction under the Press and Publication Code constitute one of the main guarantees adopted by the national experience in order to establish the protection of the right to image by adopting a criminal and punitive policy while trying to reconcile individual rights and freedoms on the one hand and requiring the right of the state to punish on the other hand. By analyzing the contents of the texts regulating it, it is clear that there are still some points that make the protection of this right insufficient. The study recommends that the Moroccan national legislator, as well as comparative legislators, to intervene through legal reviews and amendments within the framework of the criminal code, represented by the draft Code of Criminal Procedure, and within the framework of the Civil Code, by drawing clear parameters of compensation to provide a wider scope of protection.

의료사고처리 특례법(안)의 형사처벌 특례규정에 대한 검토

Medical professionals are constantly exposed to the risk of criminal liability due to medical accidents. Of course, life and physical integrity are highly significant legal interests, and the negligent or careless acts of medical professionals must be subject to stringent criminal punishment. However, the majority of medical professionals engage in medical practice with the good faith intention of protecting lives, preserving physical well-being, and promoting health. Furthermore, human knowledge of medicine remains incomplete. This inherent limitation of human capabilities makes it challenging to render accurate legal judgments regarding medical acts and their outcomes. Therefore, it is inappropriate to treat medical accidents simply as criminal cases of legal interest infringement caused by negligence. Against this backdrop, there has long been a discussion about introducing a special legal regime to exempt medical professionals from criminal punishment for medical accidents or to impose certain conditions for such exemptions. In particular, with the recent policy demand to ensure the stable engagement of healthcare personnel in essential medical fields, the government prepared a draft bill in February 2024 that includes special provisions on criminal punishment for medical accidents. This bill primarily distinguishes between essential medical acts and general medical acts. It also stipulates special provisions on criminal punishment as follows: (1) In cases where a medical accident causes injury (including severe injury), and the victim expresses an intention not to pursue punishment, the case will not be prosecuted. (2) If injury occurs due to a general medical act or if injury (including severe injury) occurs due to an essential medical act, the case will also not be prosecuted, provided the healthcare professional is insured for full compensation. However, these exemptions do not apply in cases where a medical accident results in death. That said, if the death is deemed unavoidable during the course of an essential medical act, the punishment may be optionally reduced. The opinions reviewed in this article are oriented in two primary directions. First, to ensure the policy functions effectively in practice, unnecessary and formalistic distinctions should be removed. Distinguishing between essential and general medical acts, as well as between severe injury and death, is not aligned with the original intent of the bill. If special provisions on criminal punishment are deemed necessary from a policy perspective, a comprehensive and practical approach that transcends such distinctions in medical acts and outcomes is required. Second, appropriate measures must be devised to ensure that the special provisions on criminal punishment are not perceived as undue privileges. Simple measures, such as non-prosecution or penalty reduction in cases involving severe injury or death, may give the impression that criminal law is operating unfairly. Therefore, a concrete and detailed process should be established to carefully select the circumstances in which these special provisions are justified.

의료사고처리특례법안의 형법적 타당성 검토

According to the Special Act on Handling Medical Accident presented through a government hearing on February 29, 2024, if a medical professional has subscribed to liability insurance, a public prosecution cannot be filed against the patient's will even if the patient is injured or seriously injured due to medical malpractice. In addition, if a medical professional has subscribed to comprehensive insurance, a public prosecution cannot be filed if the injury occurs due to medical malpractice, a public prosecution cannot be filed even if a serious injury occurs in the case of essential medical treatment, and a sentence can be reduced or exempted even if the patient dies during an essential medical treatment. This article aims to discuss the criminal validity of the main issues of this bill. The position of this article on this matter can be summarized as follows. First, if we want to focus on essential medical treatment as the legislative intent of this bill, we need to discuss the definition of the concepts of medical treatment and essential medical treatment more broadly. If the concept and scope of essential medical care are not clear or there is no agreement among other members of society, especially medical professionals, it is highly likely that not only will it violate the principle of clarity in criminal law, but compliance with the norms will also not occur. Second, it seems reasonable to distinguish between simple negligence, gross negligence, and professional negligence, and not apply special criminal punishment in cases of gross negligence by medical professionals. At this time, it seems that further discussion is needed on the criteria for distinguishing between gross negligence and simple negligence. Third, it seems unreasonable at present to apply special criminal punishment to the results of serious injury and death. There is room to argue that special punishment should be applied to the results of serious injury on the premise of the victim's expression of intent not to punish, but work should be done to adjust the relationship with other acts such as the Medical Dispute Mediation Act in advance.

Regulasi Pertanggungjawaban Hukum Pelaku Tindak Pidana Pembalakan Liar dan Penyelundupan Ekspor Kayu Bakau

Mangrove forests in Indonesia constitute 23% of the world's mangrove ecosystem. This study aims to analyze the Regulation of Legal Responsibility of Criminal Acts of Illegal Logging and Smuggling of Mangrove Wood Exports in Indonesia. This research method is a doctrinal legal research with a case approach; secondary data sources are obtained from library materials; data collection techniques are carried out by literature studies; all data collected will be analyzed deductively. The results of the study are the Regulation of Legal Responsibility of Criminal Acts of Illegal Logging and Smuggling of Mangrove Wood Exports in Indonesia in Law Number 17 of 2006 concerning Customs. Law No. 41 of 1999 concerning Forestry. Law No. 18 of 2013 concerning Prevention and Eradication of Forest Destruction. The conclusion is that the regulations regarding illegal logging and smuggling of mangrove wood exports are complete. The judge's suggestion has considered the sustainability of Natural Resources but has not been oriented towards the preservation of the mangrove ecosystem and the criminal penalties applied must be maximal.

A Study on the Actual Status of Juvenile Fraud Crimes and Countermeasures

Adolescence is a critical period of development marked by significant physical, emotional, and social changes. However, unstable emotions, conflicts with older generations, and a tendency for risky behaviors make adolescents especially vulnerable to criminal activities. This study examines the increasing occurrence of digital fraud and gambling crimes among adolescents, including the emergence of sexual crimes involving deepfake technology. An analysis of juvenile crime data from 2000 to 2022 reveals that fraudulent crimes have doubled, particularly in online environments. Adolescents frequently use platforms such as online games, virtual currency exchanges, and messaging apps to commit fraud for financial gain. Crimes involving deepfake technology, where artificial intelligence is used to create fake explicit content, are also on the rise. These crimes are driven by economic challenges and psychological factors such as impulsive decision-making, poor moral judgment, and the anonymity provided by digital platforms. The lack of specific legal measures to address deepfake-related crimes has further intensified the issue. Adolescents often become both perpetrators and victims, emphasizing the need for comprehensive solutions. This study proposes an integrated approach that combines stronger legal penalties with preventive and rehabilitative education. By addressing the root causes and focusing on prevention, society can better protect young people from digital crimes. The research also calls for adopting successful international prevention models in South Korea to create a safer and healthier environment for adolescents.

Domestic and external violence, parental neglect, and social sanctions among crack users: A cross-sectional study exploring the role of gender.

Substance Use Disorders are often associated with significant levels of domestic and external violence registered among abusers. This investigation aimed to evaluate the Domestic Violence Involvement (DVI) and related gender differences among Crack Cocaine Users in Brazil. For this purpose, a secondary data analysis of a multicenter cross-sectional study involving 780 Crack Cocaine Users from 6 Brazilian capitals was performed. The prevalence of DVI among abusers was not different between males and females. Crack-cocaine users with DVI versus without DVI experienced significantly more aggressions and beatings as victims throughout their life (54.7% vs. 40.5%), showed greater difficulty in controlling the impulse to assault or hurt someone throughout their life (65% vs. 36.4%), higher number of physical aggressions (25.9% vs. 11.6%), car theft (27.3% vs. 16.9%), violent crimes (12.9% vs. 6.2%). Men also reported a higher prevalence of detentions/arrests (61%) than women, while women were more frequently charged over their parental powers than men. Our findings suggested that DVI in Crack-Cocaine users may be a potential predictor of social violence in general with no significant differences between males and females. Legal punishments remain related to the cultural role assigned to each gender with men being more likely to be detained in their lives and women being reported more for parental neglect.

Система учета обстоятельств, влияющих на размер уголовного наказания

Introduction. The gradual development of the institution of punishment in the Russian criminal law has predetermined the legislative consolidation of a multidirectional and diverse system of sanctions for unlawful behaviour of a person having violated a criminal-legal prohibition; humanisation of types and amounts of punishment; expansion of the list of additional circumstances characterising the unlawful act or the person that committed it, which the court take into account when passing a sentence. However, the problem of proper understanding of the circumstances affecting the amount of criminal punishment, as well as their uniform consideration in determining the measure of responsibility of a person who has violated a criminal-law prohibition, continues to be one of the most urgent for the national criminal law, because without solving it, judicial and investigative practice will lack a regulator preventing the overgrowth of permissible discretion into lawlessness, and the Special Part of the Criminal Code of the Russian Federation will retain an unreasonable volume of legislative criminal- legal prohibitions. Methods. In the course of scientific research, we used general scientific methods (dialectical, system analysis, structural, formal-logical, analysis, synthesis, induction, deduction, analogy, functional) and special-legal methods of research (technical-legal, dogmatic, comparative-legal). Results. The article states and justifies the proposal, according to which creating a more effective mechanism of differentiation and individualisation of criminal liability requires a fundamentally new system of taking into account the circumstances, characterising the criminal act and the person who committed it, implying maximum specification of the degree of influence of these circumstances on the type and amount of punishment imposed. The above proposal is also aimed at “unloading” and “easing” to a certain extent the constructions of the overwhelming majority of criminal-legal prohibitions of the Special Part of the RF Criminal Code. To implementthe formulated proposal, the author considers it necessary to make appropriate amendments to the current RF Criminal Code.

КОНЦЕПТУАЛЬНЫЕ ОСНОВЫ ОСВОБОЖДЕНИЯ ОТ УГОЛОВНОЙ ОТВЕТСТВЕННОСТИ И НАКАЗАНИЯ В СВЯЗИ С ПРИЗЫВОМ НА ВОЕННУЮ СЛУЖБУ ЛИБО ЗАКЛЮЧЕНИЕМ КОНТРАКТА О ПРОХОЖДЕНИИ ВОЕННОЙ СЛУЖБЫ

Introduction: this article examines the legislative regulation of exemption from criminal liability and punishment in relation to conscription or the conclusion of a contract for military service. This article analyses certain aspects of the application of the provisions of criminal and criminal procedure law regulating the aforementioned sphere of legal relations. Materials and Methods: in the course of this study, the fundamental scientific methods were employed with the objective of examining the extant legislation that regulates the grounds and procedure for exemption from criminal liability and punishment. However, the methods of statistical and systematic analysis of law enforcement practice in the field under consideration demonstrated the greatest efficacy. Results: the results of this study demonstrate that the primary provisions of the recently introduced criminal and criminal procedure legislation, which establish the grounds and procedure for exemption from criminal liability and punishment in connection with conscription, were duly considered. This study analyses certain aspects of the legislative process aimed at formulating appropriate changes in legislation. This study presents an assessment of the potential socio-legal implications of amending the criminal and criminal procedure legislation. Discussion and Conclusions: the findings of this research lead to the conclusion that there is a need to maintain a balance between the interests of societal security and those of the state in the formation of criminal policy in relation to persons accused or convicted of committing serious or especially serious crimes. It is further highlighted that the legitimate interests of victims of crimes must be taken into account when constructing norms on exemption from criminal liability.

Pertanggungjawaban Pidana Terhadap Pelaku yang Mempromosikan Judi Online

Indonesia as a country of law prohibits gambling, including the promotion of online gambling, because it is contrary to religious values, Pancasila morals, and endangers society. Criminal provisions related to gambling are regulated in the Criminal Code and the ITE Law, including sanctions for promotion through electronic media. Online gambling is increasingly rampant along with technological advances, driven by promotions by influencers who violate ethics and the law. An example of a case is two celebrities who were arrested for promoting gambling sites. The law strictly prohibits the distribution of gambling content in any form, as regulated in the ITE Law and other regulations. This study uses a normative juridical method, namely a method that emphasizes research on library materials as the main basis. This approach is carried out by analyzing legal regulations, relevant literature, and expert views or theories related to the problems studied. The results of this Online gambling and its promotion are regulated in the ITE Law which prohibits the distribution of gambling information with a criminal penalty of up to 6 years in prison and a fine of IDR 1 billion, as well as the Criminal Code which punishes online gambling promotion with the same criminal penalty. Law enforcement involves digital forensics to collect evidence and provide a deterrent effect, protecting the public from the negative impacts of online gambling.

The Ethical Paradox of Informed Consent in HPV Vaccination: Examining the Legal Boundaries and Ethical Considerations of Parental Consent, Public Health, and Individual Rights

Background and Objective: Effective communication is crucial in medical procedures, and informed consent is a key example of this. However, informed consent may face unique circumstances, such as in life support situations or government health programs. The Human Papillomavirus (HPV) vaccination, as part of a government initiative, raises the question of whether informed consent is still required. The study aims to explore whether informed consent is still necessary for the HPV vaccination and to analyze the legal implications if a citizen refuses to receive the vaccine. Patients have the right to refuse medical actions, making it essential to understand the legal consequences of rejecting the HPV vaccination. Methods: This study adopts a normative juridical approach with an analytic descriptive specification. Secondary data was gathered from primary, secondary, and tertiary legal sources through literature reviews, document studies, and archival research. The collected data was then analyzed qualitatively and presented in a descriptive format. Results: The study found that there are exceptions to the requirement for informed consent for vaccinations included in government programs. Specifically, informed consent is not necessary for individuals within the target age group of the government’s HPV vaccination program. In Indonesia, this program targets girls aged 9 to 14. Additionally, there are currently no legal penalties for individuals who refuse the HPV vaccination. Conclusion: Informed consent is not required for individuals within the targeted age group of the government’s HPV vaccination program in Indonesia. Furthermore, there are no legal penalties for rejecting the vaccination.

The influence of Christian ideas on the purpose of criminal punishments in the Galician-Volhynian state

The article highlights the influence of Christian ideas on the formulation of the purpose of criminal punishments in the Galician-Volhynian state. The influence of Christian principles of justice, repentance and mercy on the development of the legal system of the state, as well as on the evolution of criminal punishments, is considered. It is noted that Christianity brought new moral and legal values, which significantly influenced social relations and the legal system of the Galician-Volhynian state. It is emphasized that Christian ideas influenced the expansion of the understanding of crime not only as a private encroachment, but also as a violation of law and order and a threat to the safety of society. A comprehensive analysis of the system of criminal punishments in the Galician-Volhynian state was carried out, which included fines, confiscation of property, public apologies, physical punishments, expulsion from the community and, in exceptional cases, the death penalty. It was established that criminal punishments played the role of the most common criminal law measure used by the Galician-Volhynian state to combat crime. It is considered to what extent these criminal punishments corresponded to Christian principles and what purpose they pursued. The article emphasizes that the purpose of punishment from a Christian point of view emphasized not only the retribution for the crime, but also the correction of the criminal. It was emphasized that the punishment system included both punitive and educational elements, which corresponded to Christian ideas about mercy and the possibility of repentance. The article shows the influence of a number of European states on the legal system of the Galician-Volhynian state, and the role of the church in the formation and implementation of criminal punishments. It was concluded that the influence of Christian values on the criminal law of the Galician-Volhynian state was significant and comprehensive. This was reflected in the expansion of the concept of crime, the variety of criminal punishments and their compliance with the principles of Christian morality. It is noted that although there was gender inequality in criminal law, Christian ideas, thanks to the active activity of the church, contributed to the humanization of criminal punishments and the gradual development of ideas about equality before the law. In general, the article demonstrates how the ideas of Christianity influenced the formation of the purpose of criminal punishments in the Galician-Volhynian state, emphasizing the importance of moral correction of criminals, restoration of justice and maintenance of social order.

The Role of Ethics in Business Decision Making: A Study of Moral Philosophy in the Context of Economic Globalization

This study explores the critical role of ethics in business decision-making within the framework of moral philosophy, focusing on the challenges posed by economic globalization. Employing a qualitative approach through literature review and library research, the article delves into the integration of ethical considerations in corporate strategies to address the multifaceted dilemmas that arise in a globalized economy. The research highlights how moral philosophy provides a foundational framework for evaluating business practices, ensuring alignment with universal ethical principles while accommodating cultural diversity. Key themes include the impact of utilitarianism, deontology, and virtue ethics in shaping corporate policies, particularly in navigating complex global trade environments and stakeholder expectations. Findings suggest that ethical decision-making fosters trust, promotes long-term sustainability, and mitigates risks associated with unethical practices, such as reputational damage and legal penalties. The study underscores the importance of embedding ethical frameworks into corporate governance structures to address evolving challenges like labor exploitation, environmental degradation, and socio-economic inequality. Additionally, it emphasizes the role of ethical leadership in cultivating organizational cultures that prioritize integrity and accountability. The article concludes by advocating for interdisciplinary approaches combining ethics, economics, and sociology to refine decision-making frameworks suited to a globalized world. By integrating theoretical insights and practical implications, this study contributes to advancing the discourse on ethics in international business practices.

LEGAL PROTECTION OF PERSONAL DATA OF INDONESIAN CITIZENS BASED ON ACT NUMBER 27 OF 2022

The purpose of this research is to analyze personal data, which is private and must be protected. Numerous cases of personal data breaches in Indonesia have had detrimental effects on society. The lack of comprehensive legislation results in inadequate legal protection against data breaches. Due to the frequent occurrence of personal data breaches, the government enacted the Personal Data Protection Law Number 27 of 2022. This research employs normative methods with a legislative and conceptual approach. The findings reveal that legal protection against personal data breaches is comprehensive under Law Number 27 of 2022. Preventive efforts to protect personal data include not sharing data by the public and avoiding illegal platforms prone to cybercrime. There is also a need for public awareness to safeguard personal data. Meanwhile, the government will conduct compliance testing and take repressive protective measures. If a personal data breach occurs, the sanctions outlined in the Personal Data Protection Law include criminal penalties under Articles 67 and 68, which stipulate fines and imprisonment, and Article 70 for corporate violations.

Кримінально-виконавче право в період воєнного стану в Україні

Abstract. The article analyzes the peculiarities of the functioning of criminal enforcement law in Ukraine during the period of martial law. We mentioned that the criminal law of Ukraine establishes the procedure and conditions for serving criminal punishments in order to protect the interests of the individual, society and the state by creating conditions for correction and resocialization of convicts, prevention of committing new crimes, prevention of torture and inhumane treatment of convicts. In addition, it was found that martial law is a special legal regime that is introduced in Ukraine or its individual localities in the event of armed aggression or a threat of attack, danger to the state independence of Ukraine, its territorial integrity, and provides for the provision of appropriate state authorities, military command, military administrations and local self-government bodies, the powers necessary to avert the threat, repulse armed aggression and ensure national security, eliminate the threat of danger to the state independence of Ukraine, its territorial integrity, as well as temporary, due to the threat, restriction of the constitutional rights and freedoms of a person and citizen and the rights and legal interests of legal entities with an indication of the period of validity of these restrictions. It has been established that in any democratic state, an effective mechanism of criminal enforcement law is necessary, since the number of committed criminal offenses depends on it. It was investigated that in connection with the introduction of martial law in Ukraine, the legislator was forced to make changes to many normative legal acts in order to protect the rights and freedoms of individuals and legal entities. It has been established that during martial law, enforcement of pensions, stipends, etc., is suspended. In addition, we explored certain exceptions and new grounds for suspending enforcement. It was found that the rights of convicted persons during the martial law are quite often violated by Russia. We researched what problems Ukrainian society faced and thought about ways to solve them. Keywords: criminal law; execution of punishments; martial law; the rights of convicts.

ДОЦІЛЬНІСТЬ АДАПТАЦІЇ ДО ЄВРОПЕЙСЬКИХ СТАНДАРТІВ МЕДИЧНОЇ ТА ЮРИДИЧНОЇ ТЕРМІНОЛОГІЇ, ЩО СТОСУЄТЬСЯ НАРКОТИЧНОЇ ЗАЛЕЖНОСТІ

The article touches upon the need to move away from outdated terms such as “drug addiction” and “drug addict.” These terms carry a stigmatizing connotation and are linked to the criminalization of individuals struggling with substance use. It highlights the issue of drug addiction as a socio-legal phenomenon, especially in light of current trends and approaches to terminology in legal and medical literature. The article emphasizes the importance of eliminating the terms “drug addiction” and “drug addict,” advocating for their replacement with “substance use disorders” and “person with substance use disorders.” This shift is particularly relevant in the context of Ukraine’s integration into the European Union. In line with European standards that view drug addiction as a chronic disease, it is essential to adopt a comprehensive approach to treatment and to impose proportionate criminal penalties for offenses committed by individuals struggling with addiction. The author assesses contemporary legal and medical practices, which are crucial for reducing the stigma surrounding substance use disorders and upholding the rights of affected individuals, thereby aligning with European values and human rights principles. Given the significance of aligning Ukrainian legislation and social practices with European standards—especially the decriminalization of addiction—we emphasize the importance of treatment, rehabilitation, and social support for drug users. This article highlights the advantages and challenges of a compassionate approach towards drug users. While some may resist such initiatives due to concerns about the financial burdens of rehabilitation and social support programs, the long-term benefits are undeniable. Embracing a humane perspective can lead to decreased crime rates, the reintegration of recovering addicts as valuable community members, and an overall enhancement of legal culture and compassion within society. Ultimately, this approach supports the implementation of fair and proportionate criminal sanctions, fostering a more just and empathetic environment for all.Reducing stigma and discrimination against drug addicts is essential for improving their access to medical care and enabling their successful reintegration into society. It’s vital to examine the legal implications of addiction, as it profoundly impacts an individual’s capacity to make informed choices and control their behaviors – often leading to criminal activities. Keywords: drug addiction, drug addiction, background phenomenon for crime, substance use disorders, stigmatization, European standards, humanity, terminology, criminalization, social integration, legal awareness, legal culture, integration into the European Union, prevention.

Analisis Pemaafan Hakim Ditinjau dari Ringannya Perbuatan Yang Dilakukan Oleh Anak

Article 70 of Law Number 11 Year 2012 regulates the forgiveness of judges, but in the Explanation section, there is no more detailed provisions regarding the explanation of the article, especially on the meaning of the article. More detailed provisions regarding the explanation of the article, especially on the meaning of “the severity of the act”, thus creating legal uncertainty. The method in this writing is normative legal research with a statutory approach and Conceptual Approach. The purpose of the research is to understand and analyze what is meant by the severity of the act as the basis for the judge's consideration in giving an excuse decision. The results showed that by considering the criminal punishment against child offenders, then Article 70 of the SPPA Law, especially the phrase “the lightness of the act”, can be interpreted as a minor criminal offense.