Social Danger Research Articles

The purpose of the crime: the criminal-legal significance and correlation with the motive

The subject of the study is the norms of Russian criminal legislation containing the objectives of the crime, materials of judicial practice, as well as scientific works of scientists dealing with the issues of the criminal legal significance of the purpose of the crime and its correlation with the motive. The purpose of the study is to formulate scientifically based conclusions regarding the criminal legal significance of the purpose of the crime and its correlation with the motive. Research methods: the research is based on the dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis, induction and deduction. The object of the study is public relations in the field of criminal law regulation of the purpose of the crime. The main results of the study: the purpose of the crime is a complex category, which is revealed in three meanings. The conclusion is substantiated that the purpose of the crime is an indicator of the social danger of the crime and the identity of the perpetrator, and therefore acts as a means of differentiation and individualization of criminal responsibility. Theoretical conclusions on the correlation of motive and purpose are formulated. The correct definition of the purpose of the crime contributes to the most accurate qualification of the deed, the definition of penalties or other measures of criminal legal impact. In addition, the definition of a goal can help to establish the determinants of criminal behavior, helps to investigate the personality of the offender in the most depth and develop measures to prevent individual crimes.

Examination of the mentally ills in the Samara province in the 1860-ies

The article examines the dynamics of perception of the mentally ill by the Russian society and the state authorities with the help of comparative-historical method and analysis of sources. The chronological framework of the work covers the period from the first attempts to help the insane with the help of spiritual healing in monasteries to the large-scale reforms of the 1860-ies and the revolution in the organization of public medicine. The author is most interested in the changes caused by the formation of psychiatry as a separate branch of medical science, including the emergence of expert psychiatrists and the introduction of psychiatric trials procedures by the middle of the XIX century. For a detailed study of such innovations in psychiatric practice, the procedure of examination of the mentally ill, carried out in the Samara province in the 1860-ies, was chosen. The source base for the research is archival materials from the funds of the Central State Archive of the Samara Region, as well as scientific and published written sources. These include the first Russian textbooks and manuals on psychiatry. There is a growing interest in the study of the phenomenon of «madness» in modern historiography. However, there was practically no large-scale systematic research on the history of the origin of psychiatry in the Samara province in the middle of the XIX century. The findings obtained in the course of the study give an idea of the changing perception of the insane by society and the authorities. There is a transfer of the main role in the trials of the mentally ill and, accordingly, the right to make a conclusion about their condition from representatives of the administrative authorities to psychiatrists. An attitude towards insanity is being formed and consolidated not as a social danger, but as a disease requiring specialized medical care. Thus, madness is transformed from a social phenomenon into a medical one.

Interference with the legal professional activities of journalists: public danger and immediate objects

It is indicated that freedom of speech and self­expression are key components of any modern democracy. International and national legislation provides everyone with the right to freedom of thought, speech, and the free expression of their views and beliefs. At the same time, the practical implementation of these fundamental freedoms remains a difficult task. In Ukraine, the professional activity of journalists is under the protection of the state, and the legislative norms regulating this protection are generally sufficient. However, despite this, cases of obstruction of the legal professional activity of media representatives do not stop, as evidenced by judicial practice The work reveals main provisions on the public danger of obstructing legitimate professional activity of journalists (Article 171 of the Criminal Code of Ukraine), the direct main and additional objects of this tort. To clarify the content of these elements of the composition of a criminal offense, the concept of the object of a criminal offense as a legal relationship is taken as a basis. It has been established that the social danger of obstructing the legal activity of a journalist lies in the fact that this criminally illegal act has such a negative impact on society in general and the journalist in particular: 1) restricts freedom of speech, i.e. the right to freely express one’s thoughts; 2) hinders citizens’ access to information; 3) directly threatens democratic processes in the state; 4) leads to self-censorship; 5) negatively affects public consciousness, makes it more vulnerable and can lead to its manipulation; 6) threatens psychological and physical safety of journalists, their property, honor, dignity, etc., depending on the manifestation of interference with their legal activities. It is proposed to recognize state-protected legal relations in the sphere of the legitimate professional activity of journalists, which determine the order of such activity, as the main direct object of the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine. It is argued that the criminal offense provided for in Art. 171 of the Criminal Code of Ukraine, usually includes direct additional optional objects, which can be legal relations related to the provision of criminal law protection of life, health, honor, dignity, property of a journalist, public order, normal activity of an organization, the right of citizens to obtaining reliable and objective information, etc. At the same time, direct additional mandatory object takes place only in case of committing the specified tort by an official using his official position.

The Paradox of the ‘Care’ of London’s Children: Discourses of ‘Safety’ and ‘Respect’ in England’s Ministry of Justice Inspection Reports

Using English prison inspectorate reports, the article presents an Ervine Goffman-inspired sociological discourse analysis of official political accounts about the living conditions of incarcerated children held in London’s Feltham prison. Through a close reading of inspection reports, we develop a critical window into their lived experiences in an exceptionally harmful UK prison regime. The construction of this prison estate conjures its dilapidation, unhygienic conditions, and endless social danger. The stigmatizing construction of the child prisoner intimates a pervasive culture of violence and bullying, resulting in their aversion to purposive activities. While, at first blush, prison inspectorate reporting is based on the policy of efficiency to ensure a safe and rehabilitative prison experience for youth, it is argued that the nature of the reporting of incarceration obviates a critique of the wider political fabric that custodial interventions will invariably reproduce. The Inspectorate operates within the state’s dominant class-stratified political ideology. The adoption of a generic labeling discourse in the reports minimizes the communication of harms inflicted on children by criminal ‘justice’ that can only worsen their wellbeing and reproduce the harmful intensity of their pre-existing marginality.

Digital Markets Dynamics and Ethical Considerations of Online Drug Sales via Cryptomarkets

The article is devoted to a topical topic – the analysis of a new way of selling drugs via the Internet and using cryptocurrency. In the article, the authors analyzed the Internet as a medium for drug trafficking; the composition of the criminal offense, which consists of the illegal sale of drugs; the social conditionality of criminalization of drug trafficking via the Internet; trends in the use of cryptocurrencies for drug trafficking; money laundering from drug trafficking through cryptocurrencies and measures to combat drug trafficking online and through cryptocurrency. It is emphasized that the appearance of this way of selling drugs is due to the development of technologies and their undoubted advantages, which criminals, from small fraudsters to criminal groups, adapt to carry out illegal activities. The number of people who buy illegal drugs on the dark web is gradually increasing; more and more buyers prefer to pay with cryptocurrency, and criminals are trying to legalize the proceeds of drug crime through the crypto market. All this indicates the increased social danger of such drug trade compared to other forms of their sale due to significant profits, the involvement of a large number of consumers, and direct and hidden effects on the growth of a country: public health issues, organized crimes, security concerns, etc. However, the fight against drug trafficking on the Internet and with the use of crypto-currency has not been properly regulated at the national and international levels. Considering this to fight against such actions effectively, the following is necessary today: an official definition of the status of cryptocurrency in legislation and the development of new methods, tactics, and technologies for the investigation of crimes. Drug business on the Internet and through cryptocurrencies, which will consider the latter's peculiarities and will be constantly updated in accordance with the pace of evolution of digital currencies; establishment of cooperation of cryptocurrency exchanges, financial institutions, regulators, law enforcement agencies, and technology providers.

Предмет ст. 305 КК України як обов’язкова ознака складу кримінального правопорушення

The subject matter of Article 305 of the Criminal Code of Ukraine has been considered as a mandatory element of the offense. The opinions of other authors regarding the definition of the concept of the subject matter of a criminal offense have been analyzed, and it has been concluded that the subject matter of a criminal offense should be understood as things of the material world that may be the subject of a criminal offense or are related to it. The subject matter of a criminal offense is an optional element of the offense. If the subject matter of a criminal offense is directly indicated in the disposition of the relevant article of the Special Part of the Criminal Code, it acquires the status of a mandatory element. Thus, the subject matter of Article 305 of the Criminal Code of Ukraine is narcotic substances, psychotropic substances, their analogues or precursors, or counterfeit medicinal products. Considering that this subject matter is directly mentioned in the article, it is a mandatory element of the offense, and the list of items mentioned in the article is exhaustive and cannot be expanded. In addition, the size and degree of social danger of a narcotic substance, psychotropic substance, their analogue or precursor, or counterfeit medicinal product affect the qualification, as the person who commits the criminal offense is held criminally responsible for the basic, qualified, or particularly qualified form of the offense. Therefore, after analyzing the subject matter of paragraphs 1, 2, and 3 of Article 305 of the Criminal Code of Ukraine, it has been concluded that there are no issues in the qualification of criminal offenses involving narcotic substances, psychotropic substances, or counterfeit medicinal products, as the legislator clearly differentiates the responsibility based on the size of the narcotic substance, psychotropic substance, their analogues or precursors, or counterfeit medicinal product (small, large, particularly large). However, regarding the qualification of criminal offenses involving particularly dangerous narcotic substances or psychotropic substances, there is a problem, as particularly dangerous narcotic substances and psychotropic substances are only the subject matter of paragraph 2 of Article 305 of the Criminal Code of Ukraine. Therefore, it is proposed to further differentiate the responsibility for criminal offenses involving particularly dangerous narcotic substances or psychotropic substances, taking into account their size (large, particularly large), and accordingly make changes to paragraph 3 of Article 305 of the Criminal Code of Ukraine, and present paragraph 4 in the following version: 3. Smuggling of narcotic substances, psychotropic substances, their analogues or precursors, or counterfeit medicinal products committed by an organized group, as well as if the subject of smuggling was narcotic substances, psychotropic substances, their analogues or precursors, or counterfeit medicinal products in particularly large quantities or particularly dangerous narcotic substances or psychotropic substances in large quantities, shall be punished... 4. Smuggling of particularly dangerous narcotic substances, psychotropic substances in particularly large quantities shall be punished...

Criminal legal means for the glorification of the armed aggression of the russian federation in Ukraine

The article is devoted to the study of criminal law sanctions for glorification of the armed aggression of the russian federation in Ukraine (Article 4362 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine)). The author establishes that the current version of Article 4362 of the CC of Ukraine in terms of sanctions regulation has a number of shortcomings which require legislative resolution. In particular, it is necessary to exclude from Part 2 of this Article such an additional type of punishment as confiscation of property due to its inconsistency with the provisions of the General Part of the CC of Ukraine, or to increase the upper limit of the punishment in the form of imprisonment to six years in order to turn this criminal offense into a grave one. It would also be advisable to supplement the sanction of Part 1 of this Article with such a type of punishment as restriction of liberty. This would eliminate the legislative “vacuum” between probationary supervision and imprisonment. It would also be logical to synchronize the upper limit of imprisonment under Part 1 of Article 4362 of the CC of Ukraine and the lower limit of the same type of punishment under Part 3 of Article 4362 of the CC of Ukraine by setting the amount of imprisonment in Part 3 of Article 4362 of the CC of Ukraine as “three years” instead of “five years”. In addition, the analysis of judicial practice has also shown the need to rethink the types and amounts of punishment for glorification. After all, in 88 % of cases, convicts were released from serving their sentences with probation. This indicates that courts do not always perceive glorification as an offense with a high degree of social danger, and therefore, in their minds, there is an opinion that the types and amounts of punishment for glorification established by law do not correspond to the real degree of social danger. In this regard, it is advisable to reduce the amount of punishment for glorification or to move to less severe types of punishment. This will allow judges to impose real punishment instead of exemption from serving a sentence, which will increase the effectiveness of criminal law measures for glorification.

Pripremanje krivičnih djela terorizma Međunarodni standardi i krivično pravo Bosne i Hercegovine

On the basis of several universal and regional international documents, Bosnia and Herzegovina, as well as a number of modern states, foresees the criminal offense of terrorism in several different forms of manifestation, but with identical content, characteristics, elements, legal description, legal nature, that is, forms or types of manifestation. It is an extremely serious, dangerous crime, with an international content, that is, with international basis for prescribing criminal responsibility and punishment. Due to the high degree of social danger of various forms of manifestations of terrorism, all modern criminal legislations move the limit of punishment to the previous stage - to the stage of preparation of criminal offenses, the undertaking of which, through physical or psychological activities, creates the conditions or prerequisites for the perpetration of one of the criminal offenses of terrorism in general, or to a faster, easier, simpler or more efficient way. In the positive law in Bosnia and Herzegovina, numerous preliminary actions that precede the perpetration of criminal offenses of terrorism in general or preliminary actions that contribute to their more efficient, successful or better execution are also provided as independent criminal offenses. The paper investigates and problematizes the system, concept, content, elements and characteristics, and forms of manifestation of the preparation of criminal offenses of terrorism in the criminal legislation of Bosnia and Herzegovina, especially in the context of international standards.

ВИКТИМОЛОГИЧЕСКИЕ ОСОБЕННОСТИ ЖЕРТВ ПРЕСТУПЛЕНИЙ В СФЕРЕ СЕМЕЙНО-БЫТОВЫХ ОТНОШЕНИЙ

Crime in the sphere of family and household relations poses an increased social danger and entails negative consequences for both family members and society as a whole. The specifics of the family and household sphere, the closeness from external control create difficulties in identifying and sup-pressing negative phenomena that arise in it. The variety of causes of criminal behavior significantly reduces the possibilities of prevention. Crimes in the family and household sphere are often caused by the victimological nature, namely the behavior of the victims themselves. The study of the charac-teristics of victims of crimes in the field of family and household relations significantly expands the possibilities of crime prevention.

GENERAL CHARACTERISTICS OF CRIMES RELATED TO THE ILLEGAL TRAFFICKING OF NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACCORDING TO THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

This article analyzes crimes related to the illegal trafficking of narcotic drugs and psychotropic substances in the context of Russian criminal law. Various categories of such crimes are considered depending on the degree of their social danger. Special attention is paid to the criminal-legal assessment of actions and proposals for improving the regulatory framework to protect public health and ensure law and order. The article emphasizes the importance of constant analysis and adaptation of the legal system to changing conditions, as well as discusses strategies to counteract the illegal distribution of narcotic substances.

The public danger of an act in an intersectoral dimension

Relevance. In the criminal law doctrine, the sign of public danger is defined as fundamental, allowing one to distinguish a crime from other offenses. The increasing complexity of existing legal relations and the unsystematic development of sectoral rule-making call into question this dogmatic judgment. The feasibility of using this characteristic as an unconditional basis for criminalization requires verification.The purpose of the study is to assess the prospects for using the sign of public danger to criminalize an act and distinguish a crime from other offenses.Objectives: study the genesis of the material sign of a crime with the identification of its criminal-political function at the stage of its emergence and in the process of evolution.Methodology. The methodological basis of the study was the universal dialectical method of cognition of phenomena and processes of the surrounding reality. In the course of developing the theoretical provisions of the work, historical-legal, formal-logical, formal-legal, semantic and other methods were also used.Results. Initially, the sign of public danger had a fundamentally different criminal and political meaning. It opened up wide possibilities for applying the law by analogy. The question of distinguishing the criminal from the noncriminal through its use was not raised. Subsequently, the demarcation of protective legislation and attempts to give sectoral uniqueness to criminal law by using a material sign of the social danger of an act did not resolve the issue of the boundaries of criminalization and the limits of the state’s punitive power; on the contrary, the situation worsened. Using examples from practice, based on the judgments of researchers about the essence of the social danger of an act, the authors of the article question the advisability of using this feature as an unconditional basis for the criminalization of an act.Conclusions. Based on the results of the study, the authors come to the conclusion that in the process of criminalization of an act, the focus of attention should be shifted from an idealized sign of social danger to the principles of criminalization: economy of repression, formal certainty, intersectoral consistency and proportionality, as well as the expediency of criminalization (declaring a crime) from the perspective of the possibilities of criminal the right to influence real relationships, transforming them qualitatively.

Change of situation as a basis for exemption from criminal responsibility for illegal felling, transportation, storage, sale of forest (Article 246 of the Criminal Code of Ukraine): problems of judicial practice

The article carried out a critical analysis of the judicial practice of exemption from criminal liability in connection with the change in the situation of persons who have committed a criminal offense provided for in Art. 246 of the Criminal Code of Ukraine, as a result of which existing problems in this area were identified and scientifically based ways of overcoming them were proposed. In particular, it was proven that the most common mistake made by domestic courts when acquitting persons who have committed a crime, provided for in Art. 246 of the Criminal Code of Ukraine, there is the fact that the application of Art. 48 of the Criminal Code of Ukraine is permanently justified by compensation for the damages and circumstances that should actually be considered only in the context of the individualization of criminal responsibility (such as the absence of a criminal record, sincere remorse). It is concluded that such a practice clearly does not stimulate law-abiding behavior, since in the worst case, the one who committed illegal logging «is threatened» with only full compensation for the damage caused, without serving any punishment for what he did. It is also stated that the appropriate approach is based on ignoring the obvious fact that the change of situation as a relatively objective type of exemption from criminal responsibility does not depend on the willpower and post-criminal behavior of the subject of the criminal offense. Arguments are given in favor of supporting the position of those courts that, demonstrating a principled position, instead of the usual formal approach, carefully study the existence of grounds for satisfying the relevant requests and, in particular, note that all the above-mentioned circumstances are not sufficient by themselves and cannot convincingly testify about a change in the situation and a person’s loss of social danger to such an extent that it makes it impossible for him to commit another criminal offense. Key words: criminal responsibility; exemption from criminal liability; punishment; change of situation; illegal felling, transportation, storage, sale of forest; contrition; post-criminal behavior; losses; compensation for damages; public danger.

Тенденция к психологизации в оценке общественной опасности

<p style="text-align: justify;">The article reflects the results of a study of controversial issues of assessing public danger. Conclusions are drawn about the current trend towards psychologization in the assessment of social danger, both in law enforcement practice and in expert activities in assessing the danger of a person to himself or others. The author considers psychologization as a negative phenomenon, comparable to a violation of the boundaries of the professional competence of psychologists. This phenomenon, according to the author, “erodes” the criteria for an objective assessment of social danger due to the introduced subjective signs - the danger of the person who committed the crime. The article notes that the category “public danger” is a conventional criminal law category that does not fully coincide with the generally accepted interpretation of this term. The author believes that the legislative interpretation of concepts is a priority in the research of legal psychology (as opposed to other branches of psychology) and expert practice. The article points out that from the methodological aspects, psychologization is a reduction (reduction) of the complex to the simple, a violation of the laws of logic. The tendency towards psychologization can lead to the state starting to fight not against crimes, but against persons accused of committing crimes.</p>

IT IS NECESSARY TO INCREASE THE EFFECTIVENESS OF THE FIGHT WITH CORRUPTION

The fight against corruption has been and still remains one of the important and unresolved problems of our state. One of the obstacles to solving this problem is the shortcomings of legislation and law enforcement practice. The insufficient effectiveness of the criminal legal fight against the most common type of corruption crime - bribery - lies in the violation of the principle of the inevitability of responsibility and punishment. Statistics show that a significant proportion of bribe-takers manage to avoid responsibility and punishment. That small part of those who have committed corruption crimes and who are sentenced to imprisonment serve it in more comfortable conditions than other convicts - in minimum security institutions, that is, in colony settlements. One of the gaps that exists in the criminal legislation of our country is the lack of rules on liability for offering, promising a bribe, giving consent to receive a bribe and demanding a bribe. The social danger of these actions lies in the fact that bribery is a criminal transaction, which is preceded by the conclusion of an agreement between the bribe giver and the bribe taker on the conditions for the parties to fulfill their obligations. This agreement is concluded on the part of the bribe giver in terms of time, the amount of the bribe (in some cases it is agreed to transfer the bribe in several stages) and the method of transferring the bribe; on the part of the bribe-taker - to perform certain actions (inaction) in favor of the bribe-giver or the persons represented by him. If the parties do not agree, the act of giving and receiving a bribe will not take place. Therefore, negotiations between the bribe giver and the recipient of a bribe, which can be assessed as an offer of a bribe, a promise to give a bribe, consent to accept a bribe, as well as a request or demand for a bribe, pose a public danger, since in most cases they end in the commission of a corruption crime: giving and receiving a bribe . To reduce the level of bribery, it is necessary to stop it at an early stage by establishing responsibility for the above actions. This will enhance the preventive role of criminal law in combating bribery.

Criminology characteristics of juvenile crime

An actual problem of society during the existence of criminology is the study of juvenile delinquency. This type of crime has its own specificity, which can be seen in the socio-psychological features and increased attention of society to this category of persons. This indicates the general trends of modern crime and its future development, as well as the state of moral health of society. This paper is devoted to the study of juvenile delinquency. This work indicates the factors that can contribute to the commission of a crime by minors, reveals the statistics of crime among minors, analyzes the state and trends in the detection and disclosure of criminal offenses committed by minors in recent years. A typological group has been determined, which includes juveniles who commit crimes. The need to combat juvenile delinquency is substantiated. The peculiarity of crimes committed by minors is outlined. Determined criminogenic factors of juvenile delinquency. Attention is drawn to the latency of juvenile delinquency, which is a major problem in preventing and countering such delinquency. The age categories of minors who commit crimes are specified. Various types of crimes committed by minors are outlined. Research on juvenile delinquency is always relevant in order to achieve an effective result in preventing juvenile delinquency. Undoubtedly, the issue of juvenile delinquency needs special attention, as well as everything related to minors, in general, needs increased attention from the state and society. It is noted that juvenile offenders constitute a peculiar typological group, they differ from adult criminals both in the nature and degree of social danger of the criminal offenses committed, and in personal traits, namely, insufficient social maturity and incomplete intellectual and volitional development. Factors that may cause a minor to commit a crime are outlined.

Кримінально-правова характеристика кримінальних правопорушень, пов’язаних з корупцією в Україні

The article examines the criminal-legal characterization of criminal offenses related to corruption in Ukraine. Corruption has a high level of latency, it hinders reform efforts, causes significant harm, and negatively affects Ukraine's reputation in international relations. The main risk on the path to European integration lies in how willing the government structures and leadership of the country are to fulfill their obligations and meet the expectations that exist in society today. Therefore, the fundamental issue in this context is the problem of combating corruption, which is currently the most pressing problem in our country. The Criminal Code of Ukraine specifically defines which socially dangerous acts constitute criminal offenses related to corruption for which individuals can be held criminally liable and punished. It is noted that the concepts of corruption, corrupt offense, and offense related to corruption are not defined in the Criminal Code of Ukraine, but are elaborated in the Law of Ukraine “On Prevention of Corruption”. The characteristics of criminal offenses related to corruption are considered, including social danger, unlawfulness, guilt, and commission by a special subject. It is stated that the provisions of the Special Part of the Criminal Code of Ukraine are arranged in separate sections based on the generic object, but the legislator does not adhere to this principle regarding criminal offenses related to corruption, and only Article 45 of the Criminal Code of Ukraine specifies which criminal offenses are classified as offenses related to corruption. It is mentioned that Ukraine has established a system of anti-corruption legislation, which defines the scope of subjects covered by this legislation and the circle of specially authorized subjects in the field of anti-corruption. In addition, the anti-corruption strategy in Ukraine is implemented through the implementation of a state program. Therefore, the legislation establishes a set of requirements and procedures aimed at preventing corruption. All these instruments form a complex of anti-corruption mechanisms that act as a barrier to the commission of criminal offenses related to corruption. However, this legislation must be clear and accessible for application by both theorists and practitioners. It is concluded that criminal offenses related to corruption are clearly defined in the Criminal Code of Ukraine as socially dangerous culpable acts (acts or omissions) that contain signs of corruption and are committed by the subject of the criminal offense related to corruption. As mentioned earlier, the peculiarity of the Criminal Code of Ukraine is that there is no one clear section among its divisions that encompasses all criminal offenses related to corruption, therefore, it is considered appropriate to include a separate section in the Criminal Code of Ukraine to unite all criminal offenses related to corruption in order to ensure proper application of criminal legislation and hold responsible individuals accountable for criminal offenses related to corruption.

Державна зрада і диверсія: кримінальна відповідальність в умовах воєнного стану

The article analyzes the changes to the Criminal Code of Ukraine introduced during martial law in connection with russia’s armed aggression against Ukraine. The needs and reasons for changes to the criminal legislation, which provide for harsher punishments compared to peacetime, are substantiated: the change in the social danger of crimes, the need to strengthen prevention, and ensure justice. Proving the extreme relevance, effectiveness and significance of changes to criminal legislation under martial law: relevance (crime under martial law has its own characteristics and requires special countermeasures, changes to criminal legislation take these characteristics into account and are aimed at effectively ensuring public safety), effectiveness (research shows that harsher punishments have a deterrent effect on crime, increasing the severity of punishment for some categories of crimes under martial law has led to a decrease in the number of these crimes), significance (changes to criminal legislation are important for protecting the rights and freedoms of citizens, guaranteeing they demonstrate the state’s intolerance of crime and its determination to protect its citizens in the difficult conditions of martial law). With the introduction of martial law, criminal legislation did not respond to the new situation and was not adapted to it. The current Criminal Code did not contain responsibility for many offenses during the wartime and was unable to respond to new challenges and threats. Therefore, the Verkhovna Rada of Ukraine, taking into account changes in social relations and the need to protect state sovereignty, territorial integrity and fundamental human rights, adopted a number of legal acts aimed at eliminating gaps in criminal law regulation. Certain provisions in the Criminal Code of Ukraine existed since its adoption, but received a new definition and application. Some necessary changes were made to the Criminal Code of Ukraine in March 2022. However, the difficult situation in Ukraine and the work of the Verkhovna Rada as a legislative body have led to difficulties, mostly of a technical nature, that complicate the application of such provisions. When using the amendments, it is important to take into account the time of their entry into force, as well as the fact that certain actions taken under martial law may appear similar to criminal offenses, but in fact are circumstances that exclude illegality (for example, extreme necessity). Individual provisions will be adjusted according to more favorable conditions. As a result of the start of a full-scale invasion of the Russian Federation on February 24, 2022, the lives of Ukrainians and Ukraine suddenly changed forever. The question arose as to what consequences this situation will have for the current Criminal Code of Ukraine, which must adapt to rapid changes and new challenges and threats. In such conditions, many social processes stopped, many accelerated, and new challenges appeared that needed to be responded to. That is why the emphasis has shifted towards the criminal law policy, which is a system-forming element of the state strategy in the field of combating crime and develops strategy and tactics for combating crime with the help of criminal law tools.

Complicity in a Minor Act and Minor Complicity in Crime

The article notes that the criminal legal assessment of complicity in a crime from the point of view of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation presupposes the solution of two interrelated tasks: 1) assessment of the social danger of the act itself, which was the result of the joint efforts of co-participants, i.e. actions (act of inaction) of the performer (co-executors); 2) assessment of the public danger of the participation of a particular person in the commission of this act. Thus, the projection of Part 2 of Art. 14 of the Criminal Code of the Russian Federation for an act committed in complicity, multiplies (at least doubles) the subject of criminal legal assessment.Complicity is traditionally considered a circumstance that increases the degree of public danger of an act. However, the fact of committing a criminal act in complicity does not in itself prevent the application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation. Firstly, the influence of this circumstance on the degree of social danger of the act is not so clear, since in some cases complicity can even reduce the social danger of the act (an example would be criminal acts committed under the influence of mental coercion or as a result of the involvement of a minor into illegal activities). And secondly, even in a typical situation when complicity increases the social danger of an act, this influence can be completely offset by circumstances that reduce the social danger of the act to an insignificant level. Specifics of application of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation to an act committed by the joint efforts of several persons is that the issue of insignificance should be considered in relation to each such person individually, taking into account his role in the unlawful act committed, his personal criminal “contribution”, the amount of guilt, personal motives and goals.

Классификации личности объектов оперативно-розыскного контроля органов внутренних дел

The article studies various approaches to the classification of persons prone to commit crimes being objects of criminal intelligence and surveillance control performed by internal affairs agencies. It is indicated that this classification can be based on a number of grounds; the key ones are the degree of social danger, criminal potential and stability of the antisocial attitude. Each category of objects of criminal intelligence and surveillance control performed by internal affairs agencies stipulates a different scope and character of applied special forces, means and methods provided for in the law.

Общественная опасность деяния

The article discusses the issues of the phenomenon of public danger, which is inherent in crime. The characteristics of the public danger of a crime are proposed, which make it possible to distinguish a criminal act from a non-criminal one. The main emphasis in determining the social danger of a crime is made on the value properties of the protected good. As a result of the discussion of the social danger of the crime, a definition of the subject under consideration is proposed.