Qualified Elements Research Articles

Sociological research methods with a differentiated approachin regional nursing

Background.In the professional audit of the quality of nursing care, sociological research methods are of particular importance in the context of the formation of skills and abilities, with the help of which a set of expert criteria is formed from the general set of practical activities. Taking into account that the selection of qualified elements requires information about the scientific approach, in proportion to the originality of the expert function, it is relevant to identify them more clearly in the examination, which allows correcting the process of training and retraining of personnel. Objective.Toevaluate the sociological research methods of regional nursing on the example of the Orenburg region. Materials and methods.The main criteria for evaluating the activities of medical workers using the Delphi method are presented. The examination performed by the method of sociological and expert survey of average medical workers (n=535), doctors (n=80), heads of medical institutions (n=10) and patients (n=500) allowed us to formulate formalized indicators for evaluating measures to create innovative training and retraining programs for nursing staff. Mathematical "sketches" of the programs are based on factorial/cluster/discriminant analyses. Results. Sociological research methods in regional nursing have sanctioned a set of parameters of the qualities of a specialist in his professional activity in the context of training and retraining of nursing staff. Conclusion. Mathematical prototypes of programmatic training of medical staff created on the basis of sociological research methods in regional nursing contribute to the algorithmization of improvements in the format of the content and quality of training in order to provide competent and competitive specialists for the industry.

On the question concerning the concept of a special corpus delicti

The article considers the question of the concept and essence of a special corpus delicti. The author analyzes the available definitions of special elements of the crime and provides his own version of the definition. There is explored a debatable question of the ratio of special and qualified elements of crime and substantiated the opinion that the nature of these categories is different, since the criteria for their distinguishing and the rules for their construction differ. Sometimes a qualified corpus delicti simultaneously acts as a special one, but even in this case, the crime remains qualified in relation to the main crime, and it is seen as a special corpus delicti to the general crime, where the main crime and the general crime do not coincide. The author expresses an opinion about the necessity to eliminate technical and legal flaws in special crimes by developing rules of their structing.

Intelligent Agents at School—Child–Robot Interactions as an Educational Path

The pervasiveness of technologies leads us to talk about a code society. From an educational point of view, coding, computational thinking, and educational robotics are an open possibility. Nevertheless, new elements such as artificial intelligence are rapidly changing educational technology perspectives. In this work, we will analyze school policies and theoretical bases in order to understand if, and under what kind of, condition coding, computational thinking, and educational robotics still represent the qualifying elements of a framework for digital literacy and digital citizenship.

Chat GPT from Educational, Legal and Ethical Perspectives in Indonesia

Objective: This article explores the concept of Chat GPT (Generative Pre-training Transformer) is an artificial intelligence that uses a conversation format. GPT chat is used in education. There are advantages to using Chat GPT, on the other hand, there are weaknesses in using Chat GPT. The problem in this Research is the consequences of using GPT Chat for academic circles from a legal and ethical perspective. Method: This Research uses a normative type of Research. The data used is secondary data that does not focus on field data. The secondary data used are primary legal materials and secondary legal materials. Results and Conclusions: This Research concludes that the consequences of using GPT Chat for academics are seen from a legal and ethical perspective. GPT Chat has consequences for academics who commit ethical violations because it goes against the good things that humans believe. The use of GPT chat has consequences for academics deemed to have violated the law (copyright) if the use of academics' actions meets the qualifying elements of copyright infringement. Research Implications: This research provides a comprehensive understanding of the consequences of using Artificial Intelligence, especially Chat GPT in the field of education. This understanding will provide direction for determining policies related to ideal educational goals, namely educating sportsmanship, honesty and respect for the work of others.

Some criminological indicators of land mismanagement

Based on official statistical sources, this article presents a long-term criminological analysis of the situation with land mismanagement in Ukraine spanning the period from 2002 to 2023. The author determines absolute, average and relative indicators, in particular, the rate and dynamics of crimes in this category. The total number of recorded crimes in the category under study (1,240 crimes), their average annual occurrence (56 crimes), and the average growth rate (22.9 %) are calculated. Employing a 5th degree polynomial function, a trend depicting the dynamics of these crimes is constructed. The chosen model aptly captures the development trend of the process with high precision (coefficient of determination R2 = 0.916) and facilitates the identification and characterization of four distinct periods, each reflecting the main trends of land mismanagement in Ukraine.
 A paradoxical situation is revealed by the analysis of the practical application of the criminal law provisions which have supplemented Art. 254 of the Ukrainian Criminal Code « Land Mismanagement» in accordance with Law of Ukraine No. 402-IX of December 19, 2019 « On Amendments to Certain Legislative Acts of Ukraine Regarding Improvement of Legislation on Mining of Amber and Other Minerals». Notably, no crimes were recorded under Part 2 of Article 254 of the Criminal Code of Ukraine (the primary corpus delicti). Conversely, 15 crimes were recorded under Parts 3 and 4 of Article 254 (qualifying elements of the crime). The author concludes that this correlation would be impossible in the case of objective recording of crimes, and it also underscores a noteworthy latent aspect of land mismanagement, in particular, deliberate evasion of mandatory reclamation of lands damaged in the course of pilot commercial development of amber deposits or amber mining under a special subsoil use permit, resulting in considerable damage. The conducted analysis holds an intrinsic value both for scientific research and for law enforcement, ensuring an appropriate information support base for countering land mismanagement, firstly, by providing a clear understanding of the current situation with this phenomenon. Furthermore, it lays the groundwork for the development of the relevant system of criminal preventive measures tailored to address this specific issue.

The effect of applied exercises to develop the physical and skill abilities of futsal players with mild mental disabilities

The game of futsal for players with mild mental disabilities has received attention and care, like many other sports. As a result of this interest, it has become necessary to develop the various aspects of the game, including the physical and skill aspects as one of the factors affecting the level of performance and result. Therefore, the researcher believes that physical and skill abilities are two factors. A basic pillar that contributes to developing the requirements of various sports games. Accordingly, the importance of the research focused on adopting applied exercises (physical skills) that fall within the vocabulary of the training program and are designed according to the capabilities of disabled players and according to scientific methods. They contribute to the process of selecting the best qualified elements to play this game in its simplest form. Then preparing them to be a future nucleus to represent the national team of the Iraqi Special Olympics Federation to participate in regional championships and world games approved within the activities of the International Special Olympics Federation in its capacity as the sponsor of races and championships for people with mental disabilities in all its categories. Therefore, the problem of the research emerged through the presence of some disparity in the degrees of mild disability. In addition to the poor level of neuromuscular coordination among some of them. This affects the level of physical and skill abilities of disabled players. The research community identified new players for the national futsal team with mild mental disabilities belonging to the Special Olympics Federation for the year (2019-2020), who are between the ages of (16-19 years), and their number is (24) players. After obtaining the results and processing them statistically, the researcher arrived at the following - The prepared applied exercises have a significant impact in developing the physical and skill abilities of futsal players with mild mental disabilities, members of the research sample. Within the limits of the results that could be achieved, the researcher recommends: - Adopting the training curriculum that includes applied exercises prepared by the researcher, as a means of developing the physical and skill abilities of futsal players with mild mental disabilities.

The effect of applied exercises to develop the physical and skill abilities of futsal players with mild mental disabilities

The game of futsal for players with mild mental disabilities has received attention and care, like many other sports. As a result of this interest, it has become necessary to develop the various aspects of the game, including the physical and skill aspects as one of the factors affecting the level of performance and result. Therefore, the researcher believes that physical and skill abilities are two factors. A basic pillar that contributes to developing the requirements of various sports games. Accordingly, the importance of the research focused on adopting applied exercises (physical skills) that fall within the vocabulary of the training program and are designed according to the capabilities of disabled players and according to scientific methods. They contribute to the process of selecting the best qualified elements to play this game in its simplest form. Then preparing them to be a future nucleus to represent the national team of the Iraqi Special Olympics Federation to participate in regional championships and world games approved within the activities of the International Special Olympics Federation in its capacity as the sponsor of races and championships for people with mental disabilities in all its categories. Therefore, the problem of the research emerged through the presence of some disparity in the degrees of mild disability. In addition to the poor level of neuromuscular coordination among some of them. This affects the level of physical and skill abilities of disabled players. The research community identified new players for the national futsal team with mild mental disabilities belonging to the Special Olympics Federation for the year (2019-2020), who are between the ages of (16-19 years), and their number is (24) players. After obtaining the results and processing them statistically, the researcher arrived at the following - The prepared applied exercises have a significant impact in developing the physical and skill abilities of futsal players with mild mental disabilities, members of the research sample. Within the limits of the results that could be achieved, the researcher recommends: - Adopting the training curriculum that includes applied exercises prepared by the researcher, as a means of developing the physical and skill abilities of futsal players with mild mental disabilities.

Self-interest as a qualifying sign of crimes in the field of entrepreneurial activity

Entrepreneurship in the general consciousness can be represented as the most ancient and natural institution of society for humanity. Legislative regulation of such a significant social institution was only a matter of time. Rapidly changing historical conditions radically changed both society and the state; legislation, as a superstructure, underwent modernization in accordance with changing realities, which led to the formation of some legal rudiments that migrated from earlier norms of law. This article examines the criminal law norms of Russian law that establish responsibility for committing crimes in the field of business activity, the main or qualified elements of which include such a sign of the subjective side as “selfish interest”. In the context of this study, selfish interest is analyzed as one of the main crime-forming factors of some articles of the Criminal Code, while in other norms of law the attribute in question is only implied in absentia when qualifying unlawful acts committed. The author used both theoretical and empirical methods of cognition when considering existing criminal law norms and their practical use in modern realities. Based on the results of the analysis, the author comes to his own conclusion that the appropriateness of the presence of the above feature in the criminal law in the form in which it currently exists should be questioned. The author provides arguments and evidence of reasons to doubt the generally accepted point of view based on the very nature of entrepreneurial activity and its correlation with self-interest. Based on the collected data presented in this article, the author has identified and discussed possible shortcomings of the current criminal law, expressed in the presence of a designated sign of the subjective side of crimes enshrined in many articles of the criminal code.

ON LIABILITY FOR ABUSE OF AUTHORITY BY PRIVATE NOTARIES

The article discusses the problems that arise in the qualification of abuse of powers by a private notary, analyzes the corpus delicti provided for by Article 202 of the Criminal Code of the Russian Federation, considers the issue of the powers of a private notary, examines in detail the issue of actions that form the objective side of the crime. At the same time, special attention is paid to the issue of the consequences of the crime, their content, and the sign of materiality. The article pays attention to both simple and qualified elements of abuse. Judicial practice and materials of resolutions of the Plenum of the Supreme Court of the Russian Federation are widely used. In conclusion, the author sets forth the author’s position on the need to adjust the criminal law, proposes the directions for qualifying the crime under the current version of Article 202 of the Criminal Code of the Russian Federation.

Окремі питання санкції кримінально-правової норми

The sanction of an article of the Special Part of the Criminal Code of Ukraine reveals the legal aspect of criminal punishment. It determines the type and amount of punishment for a criminal offense. Depending on the degree and nature of the public danger, the sanction of a criminal law provision sets out what restrictions a person is subjected to, which may relate to specific personal, property, and other human and civil rights and freedoms provided for by the Constitution of Ukraine. The protection of human rights and freedoms is a priority for the state. The fight against crime is carried out through the imposition of punishment necessary and sufficient to reform the convicted person and prevent the commission of new criminal offenses. In the sanction of the article of the Special Part of the Criminal Code, the type and limit of punishment are established to achieve the goals set out in Article 50. Accordingly, the sanction should correspond to the social danger of the act, provide opportunities to individualize the punishment, consider the principles and general principles of sentencing, etc. The content of the sanction determines the achievement of the goals of punishment, including punishment, correction of the convicted person, and prevention of new criminal offenses. The degree of the socially dangerous act committed, the ability to individualize the punishment, considering the principles and general principles of sentencing, and being consistent with sanctions for crimes of a similar type and nature play an essential role in the design of sanctions. An analysis of the controversial issues is necessary to further improve the sanction of criminal law provisions. The issue of a large amplitude between lower and higher limits of punishment, lack of consistency in the central and qualifying elements of a criminal offense, and many main punishments in the sanctions for one criminal offense are discovered. Keywords: sanction of criminal law provision, crime, individualization of punishment, content of sanction, combating crime.

The community pharmacy model for colorectal cancer screening: Policy insights from a national programme

BackgroundIn Italy, a recent national project has expanded local collaboration between colorectal (CRC) screening programmes and pharmacies to the national level. ObjectiveThe objective of this study is to provide an overview of the existing agreements between regional authorities and pharmacy owners in Italy regarding CRC screening programmes, to make internationally available the most qualifying elements of the collaboration. MethodsWe analyzed the agreements, in force on 01/08/2021, arranged between the Regions and their respective pharmacy owners, describing the process phases addressed such as the faecal occult blood test pathway and supplementary activities provided by the pharmacies together with the CRC screening kit delivery. ResultsAgreements were received from 18 Regions (86% of the total). The amount of money paid for each kit varies a lot, with a range from 0 to 18 EUR. The number of process phases covered by the agreements ranged from a maximum of 16 (out of 18) to a minimum of 0. The processes most frequently covered were the supply/delivery of kits and education/awareness of CRC screening (68.8%). Less covered processes were warehouse management and awareness of other healthcare initiatives (12.5%), and delivery of preparation for intestinal cleansing (6.3%). ConclusionsArrangements between pharmacies and CRC screening programmes in Italy vary widely and lack a unified model. Collaboration quality standards should be set at the national/international level.

Квалифицирующий признак мелкого взяточничества (ч. 2 ст. 291.2 УК РФ)

In the field of countering corruption law enforcement agencies periodically face problems of qualifying the crimes under Articles 290, 291, 291.1, Part 2 of Article 291.2 of the Criminal Code.
 These issues are the subject of ongoing discussions in the scientific community.
 In this regard, the purpose of this article is to study the validity of the recognition by the legislator as a qualifying sign of petty bribery such a characteristic as an individual’s criminal record for committing crimes under Articles 290, 291, 291.1 of the Criminal Code or Article 291.2 of the Criminal Code of the Russian Federation.
 Taking into account statistical data, indicating an increase in the number of persons sentenced under Part 2 of Article 291.2 of the Criminal Code of the Russian Federation over the past two years, as well as national legislative experience of establishing increased criminal responsibility for persons previously convicted of similar crimes, and analysing scientists’ opinions on the matter, the author justifies a positive answer to this question. In addition, the article focuses on the optimality of the existing legislative version of Part 2 of Article 291.2 of the Criminal Code. In order to implement the idea of enhancing criminal liability against persons with a criminal record for similar crimes, the author considers it possible to expand the list of articles indicated in Part 2 of Article 291.2 of the Criminal Code of the Russian Federation, to include all acts related to taking and giving unlawful remuneration.
 During the research the following methods were used: statistical, systematic, comparative, statutory interpretation, historical.
 Results. As a result the following edition of qualifying elements of petty bribery is proposed: «The same acts committed by a person, having a criminal record for offences, provided by Articles 184, 200.5, 200.7, 204, 204.1, 204.2, 290, 291, 291.1, 291.2 of the present Code.

The first Criminal Code of Soviet Russia and the responsibility of professional criminals

In 2022, 100 years have passed since the adoption of the first Criminal Code of Soviet Russia — a fundamentally new codified act in the history of Russian legislation. The objectives of this study: to identify and analyze the provisions of the Criminal Code of the RSFSR of 1922 aimed at combating professional crime; to assess their validity, novelty and consistency in the context of the criminal-political tasks that were set before the legislative bodies, as well as their conditionality of the socio-economic and criminological situation that was developing at that time; to create prerequisites for further research on the extent to which the approaches of the legislator to the criminal-legal fight against professional crime were embodied and developed in the subsequent criminal legislation. The article analyzes the main and qualified elements of crimes containing such signs as engaging in crimes of a certain type as a profession and committing a crime in the form of fishing. The rules of sentencing professional criminals and the application of other social protection measures to them, in addition to punishment, are considered. The prescriptions of the criminal law are set out in combination with the characteristics of the socio-economic and criminogenic situation of the early 20s of the twentieth century, the views of domestic lawyers of that time on the problems of criminal professionalism, assessment of the bases of legislative decisions, their gaps and shortcomings.

Criminal Liability for Embezzlement of Humanitarian Aid

The article under study carries out a complex analysis of a new element of a criminal offense (envisaged by Article 201-2 of the Criminal Code of Ukraine) “The Illegal Use of Humanitarian Aid, Charitable Donations, or Gratuitous Aid to Receive Gain”. Besides, it substantiates the expediency of criminalizing such illegal behavior and reveals some potentially problematic issues that may arise in the course of bringing a person to criminal liability for such actions, as well as offers the possible ways of their solution.
 russia’s armed aggression, as well as the necessity to help the Armed Forces of Ukraine and internally displaced persons have intensified volunteer activity, the latter having acquired an unprecedented scale throughout the country. Consequently, there has occurred considerable increase of both the number of humanitarian cargoes and the number of pseudo-volunteers or unscrupulous officials, who pursue their own mercantile interests and cynically make money, selling humanitarian aid. All this could not remain unnoticed by the state and led to the adoption of a special legal norm in the Criminal Code of Ukraine.
 Particular emphasis has been laid in the article on the mandatory components and signs of basic, qualified and especially qualified elements of criminal offense. Along with this, the peculiarities of the subject of such illegal behavior (charitable donations, humanitarian and gratuitous aid), as well as the respective amounts of the latter, which give grounds for bringing criminal responsibility, have been regarded in detail. In addition, the article contains a conclusion on an unreasonably high minimum limit of the aid under discussion. As for the objective side of the offense, such an extremely important feature in today’s conditions as the time of its commission – during a state of emergency or martial law – is separately emphasized. Having used this word combination, the legislator has replaced the already established in criminal law wording “under conditions of war or state of emergency”, which always indicated such a feature as the circumstances of the crime. The subject of the offense has been considered with a due regard to its overall and specific signs. Another emphasis has been laid on the necessity to criminalize the respective socially dangerous activities of both official volunteers and officials who, although not vested with official powers, may (in connection with their position) have access to humanitarian aid items and actually dispose of them, etc. The subjective side of the offence appears rather interesting in terms of its purpose – to receive gain. The latter looks quite questionable since until now, such a phrase was used only in the context of the actual consequences of the subject’s illegal behavior. Therefore, the legislator should emphasize not on the fact of receiving gains but on the mercantile context of its disposal.

Is This All COVID-19's Fault? A Study on Trainees in One of the Most Affected Italian Cities.

Many studies have investigated the state of the health of healthcare workers during the acute period of the pandemic. Yet, few studies have assessed the health of such professionals after the pandemic and in a less dramatic period. This study involved a particular sample represented by residents in anaesthesia–resuscitation and psychiatry at a university in northern Italy particularly affected by the pandemic. The objectives were to investigate some indicators of health and well-being and compare the two groups of trainees. Using Google Forms, the following tests were proposed: the General Health Questionnaire, Maslach Burnout Inventory, Subjective Happiness Scale, Satisfaction with Life Scale, Coping Inventory for Stressful Situations, Brief Resilience Scale, State-Trait Anxiety Inventory, as well as an ad hoc questionnaire. A qualifying element of the work was the discussion of the results with the trainees. Various strengths have emerged, such as high values of resilience and job satisfaction; a positive assessment of the support received from the work team; an articulate use of coping strategies; and good levels of happiness and satisfaction with life, in both specialities. However, a widespread anxiety also emerged, which appears to be more attributable to concerns about professional evaluation, rather than the pandemic itself. In summary, the trainees seem to have found a fair amount of personal balance, whereas the relationship with the patient seems to be more compromised. In the comparison between specialities, the only significant differences are the levels of depersonalisation and resilience, both of which are higher in anaesthetists.

Ratification and Consequences of Sexual Offenses in the Criminal Code of Georgia

Abstract This paper will discuss the issues of qualification of crimes against Sexual Freedom and Inviolability considered by Chapter 22 of Criminal Code of Georgia, which were made in the Criminal Code of Georgia after the Parliament of Georgia ratified the Council of Europe Convention on “preventing and combating violence against women and domestic violence” (Istanbul Convention) adopted on May 11, 2011. Georgia signed this Convention on June 19, 2014. This paper will discuss the relative aspects of qualifying circumstances and disposition of rape and other related corpora delicti and their understanding in a new manner. The article will study the pros and cons that resulted in the fundamental changes made to the Criminal Code of Georgia on May 30, 2018, after the ratification of the “Istanbul Convention”. The concept prevailing, in theory, provides a new definition about what problems were solved and what contradictions arose from the new changes. In court practice, there still prevails the view that in order for the action to be assessed as rape, it is necessary for a woman to carry out “selfless” resistance to the offender. However, there are frequent cases when no signs of resistance are found on the victim’s body. Given the above, as evidence of the absence of consent is not often established to a high standard by the investigation (for example, in the event of a threat of violence), the case ends with the acquittal of the accused. The article will present recommendations on making changes in some components of the action by the Parliament of Georgia in the future. Based on the scientific literature and the legislation, both, main and additional qualifying elements considered by the disposition of the given Articles will be discussed in detail.

Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

Criminal Description of the Qualifying Norms of Fraud Based on the Analysis of Georgian Court Practice

During the implementation of the research, the qualifying elements of Article 180 (Fraud) of the Criminal Code of Georgia will be discussed. This paper will refer to the issue of a new definition of a qualifying norm of fraud “in large quantities” made by the Grand Chamber of the Supreme Court of Georgia in 2012, after which different positions about the definition of the norm were formed in the legal literature and court practice. This paper will try to show a different view with regard to this issue. This paper aims to explore and identify the main problems that may arise in the activities of investigative and judiciary bodies in the event that similar cases are qualified according to a new definition of the Grand Chamber of the Supreme Court. This paper will discuss hypothetical cases and examples of comparison, and it will try to sub- stantiate what are the problems that exist in court practice during the application of the qualifying norms with regard to the Article under consideration. This paper will try to highlight the main issues, which, during the application of the norm raise the problem in court practice due to misinterpretation of the norm. The last part of the paper will provide a view about the problems related to the definition and application of special (qualifying) norms of fraud, as well as our views on the introduction of a new qualifying norm.

The Impact of Social and Positive Psychological Capital on the Efficiency: A Field Study From the Perspective of Jordanian Auditors of the Performance of Audit Offices

The main objective of this study is to show the social positive and psychological impact on the performance efficiency of audit offices from the perspective of the employees in those offices, and to fulfill this, the researchers relied on two inputs: the inductive and descriptive analytical approach, as well as relying on spss software to analyze data of this study, and test the hypothesis, which were in descriptive statistics metrics, model fit tests, and multiple linear regression analysis, to test the study hypothesis. The study sample consisted of 325 qualified people working in these offices. The most important conclusion from this research is that the psychological capital develops the fruitful exploitation of auditors in the work, to accomplish the audit work. In addition, the directors of audit offices seek to establish social cooperative relations among office workers. The most substantial recommendations of this research are crystallized by attracting human and intellectually, psychologically, socially and practically qualified elements who have sufficient skills and experience in auditing processes, in addition, the demand to encourage teamwork, and give powers to team members, so that many of the work problems are resolved through teams.

Множинність злочинів: до питання про вдосконалення диференціації кримінальної відповідальності

Кількість вчинених особою злочинів істотно підвищує суспільну небезпеку діянь винного. Адже і обсяг шкоди чи загрози заподіяння шкоди об’єкту, і формування злочинної спеціалізації, і створення ілюзії безкарності, і інші фактори свідчать на користь того, що множинність злочинів має значення як засіб диференціації кримінальної відповідальності. Втім, у чинному Кримінальному кодексі України множинність злочинів не завжди впливає на варіативну регламентацію заходів кримінально-правового впливу. Навпаки, значна кількість випадків сукупності злочинів (окрім сукупності, у якій хоча б один із злочинів є умисним тяжким або особливо тяжким) практично не має кримінально-правового значення для обсягу кримінальної відповідальності. Також випадки повторного чи рецидивного вчинення злочину впливають на посилення кримінальної відповідальності, якщо у складі вчиненого винним злочину є відповідні кваліфікуючі ознаки. Якщо ж ці ознаки відсутні, суд може врахувати повторність чи рецидив як ознаку, яка посилює покарання. Проте у будь-якому разі правозастосувач не зможе вийти за межі санкції статті Особливої частини КК.
 Метою статті є виявлення недоліків диференціації кримінальної відповідальності у разі сукупності, повторності чи рецидиву злочинів. Також планується запропонувати шляхи вдосконалення диференційованого підходу до відповідальності за множинність злочинів, врахування одночасного впливу на посилення відповідальності інших типових кваліфікуючих ознак.
 Наукова новизна статті полягає у наданні рекомендації вдосконалення диференціації кримінальної відповідальності за вчинення злочинів у сукупності, повторності та у разі рецидиву. Вирішено проблему одночасного врахування кваліфікуючої ознаки організованої групи та ознак множинності.
 Висновки. 1) Межі диференціюючого значення множинності злочинів для кримінальної відповідальності мають встановлюватися на рівні закону, а тому не потрібно делегувати цю роль суду без визначених у КК чітких правил визначення кінцевого покарання за множинність; 2) кваліфікуючі ознаки повторності та рецидиву можуть бути виключені зі статей Особливої частини КК і передбачені у Загальній частині з відповідними коефіцієнтами впливу на суворість кримінальної відповідальності; 3) призначаючи покарання за сукупністю злочинів, суд має мати можливість застосовувати покарання вище ніж те, що передбачене у статті Особливої частини КК, проте воно не повинно перевищувати розмір, встановлений у ст. 12 КК для злочину відповідного ступеня тяжкості; 4) якщо усі злочини, що входять у множинність, вчинено у складі організованої групи (якщо ця ознака передбачена як кваліфікуюча), то множинність не повинна посилювати кримінальну відповідальність.