Social Danger Research Articles

ON THE PROSPECTS OF IMPROVING THE LEGISLATIVE DESCRIPTION OF THE SIGNS OF THE SUBJECT OF THE CRIME PROVIDED FOR IN ART. 245 OF THE CRIMINAL CODE OF UKRAINE

The article is devoted to a critical understanding of the used in Art. 245 of the Criminal Code of Ukraine approach to determining the features of the subject of this crime, studying the relevant experience of foreign countries, on the basis of which scientifically based recommendations are formulated aimed at improving the relevant provisions of the current domestic criminal legislation. In particular, the work proved that in Art. 245 of the Criminal Code of Ukraine justifiably provides for responsibility for the destruction or damage of not only forest areas, but also other types of vegetation, which is explained, on the one hand, by the obvious social danger of these actions, and, on the other, by the fact that they are different from the considered prohibition of the current national criminal law the legislation does not allow to give a proper criminal-legal evaluation of these manifestations. It is noted that there are no grounds for limiting the range of objects of the analyzed crime to only those green spaces that are located outside populated areas and along railways, since the degree of violation of the corresponding object of criminal law protection does not depend on the location and legal status (belonging to the forest fund) of the objects, but environmental damage that can be caused by their destruction or damage by fire. Because of this, in the improved Art. 245 of the Criminal Code of Ukraine, it is proposed to point out any green spaces, in particular those located within the boundaries of settlements (parks, gardens, public squares, boulevards, etc.) and not classified as forests in the established order. It is also argued, in particular with reference to the relevant provisions of foreign criminal legislation, that in the improved version of the analyzed norm it should be about the destruction of any vegetation (as well as its remains) regardless of the place of such actions, and not only on agricultural land. At the end of the article, promising directions of research in the relevant field are defined.

Особенности полового самосознания у больных с органическим расстройством личности и множественными расстройствами сексуального предпочтения

<p style="text-align: justify;">The article analyzes the results of an empirical study aimed at assessing the dynamics of the parameters of sexual self-awareness and the tendency to aggressive behavior in interpersonal interaction in persons suffering from organic personality disorder with multiple disorders of sexual preference in the process of compulsory treatment. 30 patients were examined before and after the course of treatment (psychopharmacological effects in combination with antiandrogens and cognitive-behavioral psychotherapy). The following methods were used: “MyF”, “CTO”, “Coding”, the “Hands” test of Wagner. The changes in the psychological characteristics and parameters of sexual self-consciousness revealed in the course of the study allowed us to identify actual targets for psychotherapeutic influence and were taken into account by us when determining the assessment of the risk of relapse and the degree of social danger of patients.</p>

К вопросу об общественной опасности преступлений и административных правонарушений в сфере экологии

The paper analyzes the social danger of administrative and criminal acts in the field of ecology. A number of features have been identified that allow us to conclude that there is a sign of public danger in these administrative delicts. It is proposed to exclude Art. 8.35. “Destruction of rare and endangered species of animals or plants”, and any encroachment on rare and endangered species of animals or plants listed in the Red Book of the Russian Federation is regarded as a crime against environmental safety with the introduction of appropriate amendments to the Criminal Code of the Russian Federation. The author believes that public danger is an objective category that does not depend on the consciousness of the legislator or law enforcer, but the harm caused to the environment accumulates and affects the environment and the person himself. The consequences of this harm are unpredictable, delayed, pervasive.

Факторный анализ установления уголовно-правового запрета на нарушение правил дорожного движения лицом, подвергнутым административному наказанию или имеющим судимость

Abstract: Introduction. The article examines the factors influencing the imposition of legal prohibition in the sphere of traffic violations by a person who has been subjected to administrative punishment or has a criminal record. The social danger of these crimes is underlined. The purpose of the study is to factorize the imposition of criminal prohibition on traffic violations by a person subjected to administrative punishment or having a criminal record.
 Methods: Dialectical methodology was used to define the concept of this study; elements of sociological methodology were used for multidimensional understanding of the factors of establishing a legal ban on traffic violations by a person subjected to administrative punishment or having a criminal record.
 The examination of criminal law norms as a system of law and the identification of factors that contributed to the criminalization of the reviewed offenses was carried out by means of the factor approach Moreover, the present study included the systematic method (to establish the system-forming features of the criminal legislation); the structural-functional method (to determine the influence of each factor on the criminalization of the reviewed corpus delicti). When examining certain aspects, special scientific methods such as formal-legal, specificallyhistorical and comparativelegal methods were used.
 Results: The classification of factors contributing to the imposition of legal prohibition on traffic violations by a person subjected to administrative punishment or having a criminal record is givenas well as their description. The authors explain the main role of the social factor, its interrelation and influence on other factors. The study revealsthe necessity ofthe involvement of civil organizations to prevent and suppress these types of crimes. The author suggests some measures to prevent traffic offenses committed by a person subjected to administrative punishment or having a criminal record.

FEATURES OF THE FORENSIC METHODOLOGY FOR INVESTIGATING CRIMINAL ATTACKS AGAINST THE PERSON COMMITTED USING INFORMATION AND TELECOMMUNICATION NETWORKS

The development of information and telecommunication networks, in addition to the ease with which data are transmitted, provides criminals with an effective tool that can enhance the guarantees of achieving their goals. In addition to increasing the social danger of the crimes in which this tool is used, another effect is achieved, which is to make it difficult to investigate. This creates problems in establishing the truth. The purpose of the study is to determine the type of forensic methodology, the application of which is able to optimize the investigation of each specific criminal assault on a person committed using information and telecommunication networks. Materials and Methods. The objective was achieved through the application of methods such as analysis, synthesis, deduction, induction, modelling (general science), as well as systems and forensic sitology (forensic). Results. The study identified problems that arise in the practice of investigating criminal attacks against persons committed using information and telecommunication networks. Funding was analyzed for their resolution. It has been established that the forensic methodology for its effectiveness should be based on typical knowledge of the use of information and telecommunication networks in these crimes. This should be a comprehensive investigative technique. Conclusions. Comprehensive methods of investigation of criminal attacks against the person committed with the use of information. The telecommunications network makes it possible at an early stage to avoid errors and to ensure that the circumstances most relevant to a fair trial are established.

COURT PRACTICE OF APPLICATION OF CRIMINAL LEGAL MEASURES FOR IMMEDIATE COMMITMENT OF A CRIMINAL OFFENSE

The article analyses the judicial practice of applying criminal-legal measures for the indirect execution of a criminal offense. It has been established that the courts take into account the fact of indirect execution of a criminal offense when characterizing the person of the culprit and determining his social danger, namely, appoint a more severe punishment from the list of alternatives or appoint a punishment above the lower limit. At the same time, the courts quite often exempt such persons from serving a probationary sentence. At the same time, general types of exemption from criminal liability are practically not applied. This is due to the fact that, in the vast majority, intentional acts are committed in this way - minor crimes, while the condition for applying many types of exemption from criminal liability is the commission of a careless minor criminal offense. Most often, the courts classify cases of the commission of a criminal offense by means of indirect execution using a minor under the relevant article of the Special Part of the Criminal Code of Ukraine and under Art. 304 of the Criminal Code of Ukraine as the involvement of minors in criminal and illegal activities. However, quite often it is also taken into account as a circumstance that aggravates the punishment, which is very controversial. In some cases, in the case of indirect execution of a criminal offense using a minor, the courts may consider this only as a circumstance that aggravates the punishment. In cases where a minor who is involved by a criminal in the performance of the objective side of the act understands the real nature of his actions, certain coercive measures of an educational nature can be applied to such a person. Such measures of a criminal legal nature, such as coercive measures of a medical nature, coercive treatment, or coercive measures of an educational nature in the case of indirect execution of a criminal offense do not have any differences from the general procedure for applying these measures to the guilty person.

Human experiences in dense and open woodland; the role of different danger threats

Exposure to non-threatening natural environments promotes human wellbeing by supporting restoration of negative mood and mental fatigue. But many natural environments will harbour a threat at some point in time. Understanding if and how these threats affect human experiences in natural environments is important for land management and human wellbeing. In an on-line experiment participants (n = 300) rated how they would feel in two different types of woodland environments (dense and open) under 5 different conditions (control, an animal threat, a social threat, danger of tripping and falling and of getting lost). All dangers undermined positive experiences in the environment, in particular social dangers. The negative impact of an animal danger or the danger of tripping and falling on reported experiences was greater in dense woodlands. However, participants reported feeling more in control over a social danger in a dense woodland.

Мародерство як різновид кримінальних правопорушень проти власності: особливості вчинення його в умовах воєнного стану

Abstract. The article examines the peculiarities of looting and other types of criminal offenses committed against property during the legal regime of martial law. As you know, the problem of preserving property is especially relevant during military operations. Among all criminal offenses, crimes aimed at the appropriation of someone else's property occupy a special place, given the numerous forms of their manifestation. It is clear that for the commission of both administrative and criminal offenses under conditions of war or state of emergency, responsibility has become tougher, taking into account the difficult economic situation of the state and the moral exhaustion of society. Military criminal offenses, in particular looting, currently require in-depth scientific research taking into account its legal aspects, which are problematic due to gaps not only in national criminal legislation, but also in separate international legal acts. A comparison of criminal liability was made before and after the adoption of the Law of Ukraine "On Amending the Criminal Code of Ukraine on Strengthening Liability for Looting" dated March 3, 2022. In addition, the legal essence of the concepts: "theft", "robbery", "robbery" was analyzed, their demarcation was proposed, taking into account their social danger in the conditions of martial law.

Interference in the activity of judicial bodies (Article 376 of the Criminal Code of Ukraine): topical issues of criminal law qualification

The article is devoted to the analysis of certain problematic issues of criminal law qualification of interference with the judiciary. The author emphasizes the importance of criminal law protection of judicial independence and notes the low quality of work of criminal justice authorities in pre-trial investigation and trial of the relevant category of torts. The article analyzes official statistical data (2020 - 2022) and reveals a critical disproportion between the ratio of criminal proceedings registered by pre-trial investigation authorities and indictments submitted to court, as well as the facts of excessive duration of their consideration by courts.The article summarizes the research positions regarding the distinction between interference with the judiciary and other types of unlawful influence on persons involved in the direct administration of justice through the use of mental or physical violence; destruction or damage to property; and attempts on life (Articles 377-379 of the Criminal Code of Ukraine), and identifies two main approaches. The author advocates the position on the correlation of these rules as general and special. The author assesses special rules as the result of differentiation of criminal liability by the legislator. The features of the general rule are detailed in special corpus delicti by specifying the list of victims and methods of criminal behavior. The compliance with the general requirement for the construction of sanctions of criminal law provisions, whereby the sanctions of special provisions (Articles 377-379) differ from the sanctions of the general provision (Article 376) in the direction of strengthening (additional features increase the degree of social danger of torts), should be considered as an additional confirmation. The author supports the position that additional qualification of the guilty subject’s behavior under Article 376 is permissible only if there is a real set of torts.

Criminal law sanctions for misappropriation, embezzlement or seizure of property through abuse of office

The concept of criminal law sanctions has been analysed, the classification of criminal law sanctions for misappropriation, embezzlement or seizure of property through abuse of office has been studied, and the peculiarities of building criminal law sanctions for crimes under Article 191 of the Criminal Code of Ukraine have been revealed. It has been concluded that a sanction is a mandatory component of an article (or part of an article) of the Special Part of the Criminal Code of Ukraine which contains a model of the type and scope of punishment which is adequate to the social danger of a criminal act. The sanction reveals the legal aspect of criminal punishment, indicating its type and scope, while acting as a model of criminal punishment provided for the crime.
 One of the most important and necessary prerequisites for the court to determine the lawful and, therefore, appropriate punishment is strict compliance with the requirements of Article 65 of the Criminal Code of Ukraine on imposing punishment within the limits established in the sanction of the article of the Special Part providing for liability for the crime. Taking this requirement into account implies that in each particular case the court should be guided by the types and amounts of punishment provided for by the relevant sanction of the criminal law, as well as by the provisions of the General Part. This means that the sanction must be mandatory.
 The law should, of course, give judges a choice so that the sentence can be appropriate to the gravity of the offence and the person involved. However, this should not go beyond the limits of social justification and undermine the general deterrent function of criminal sanctions. Therefore, a judge must clearly know the rules by which he or she can assess the significance of a particular circumstance in order to determine the amount of punishment. This is the approach used in the draft CC of Ukraine.

Possible Future Legislative and Social Trends in the Protection of State, National, and Community Symbols in Slovakia

The paper deals with possible options and suggestions for changing the constitutional and legal regulations of the protection of state, national, and community symbols in Slovakia. In terms of constitutional regulation, the paper concludes that its change is not necessary—even in the context of the low overall rigidity of the Slovak constitution. In relation to the Act on State Symbols itself, only a change in the regulation of the use of the state emblem on the jerseys of the official national sports teams is proposed. Regarding the area of criminal law and administrative punishment, there is somewhat unclear distinction between the criminal offence of disorderly conduct and the infringement under Article 42(1)(a) of the Infringements Act. The distinction between misdemeanors and infringements is defined in the Criminal Code by means of substantive corrective. Thus, the relationship between the two offences in question is not dysfunctional and the ne bis in idem principle will not be infringed. However, the unclear relationship between the merits of the criminal offence and the infringement casts doubt on compliance with both the requirement of legal certainty and the requirements arising from the principle of nullum crimen sine lege certa. Despite the shortcomings of this approach, the only solution appears to be to leave the boundary between the respective criminal offence and infringement for the judiciary. The paper outlines how the courts approach the assessment of cases of defamation. However, the jurisprudence of Slovak courts in this matter is scarce and currently does not provide answers to all relevant questions. The decisions show the need for an individual and contextual assessment of the social danger of every case of defamation. The paper contains a proposal to create a new criminal offence—the defamation of a state symbol of the Slovak Republic. Criminal protection for foreign state symbols would continue to be provided in the context of the crime of disorderly conduct. This paper also provides proposals to change the regulation of the use of state symbols in public sports events. These amendments are intended to close the loopholes of the current regulation, which reduce its regulatory effectiveness. Furthermore, it is proposed to harmonize the rules governing the use of official stamps with state symbols—coat of arms—and with self-government symbols in relation to municipalities and self-governing regions.

Socio-criminological prerequisites for criminalization of land mismanagement

The article focuses on the most important prerequisites for criminalization of land mismanagement which the authors define as phenomena and processes taking place in various spheres and levels of social reality and establishing the objective need and social demand for legislative recognition of the expediency to protect certain values under criminal law by defining the relevant socially dangerous encroachments as criminal offenses punishable under criminal law. The authors analyze some components of the socio-criminological prerequisites for land mismanagement criminalization which include the degree of social danger of acts, their relative prevalence and typicality, the dynamics of acts, the expediency of using criminal law means to influence such acts, and also the abilities of the criminal justice system. The authors provide a rationale for using the term “socio-criminological prerequisites” which ensues from the requirements of social adequacy of criminalization, its admissibility from the perspective of the main characteristics of social systems and processes, as well as the criminological nature of studies dealing with the prevalence of offenses, their typicality and dynamics.It is demonstrated that the high level of social danger associated with land mismanagement is attributable, inter alia, to the value of land as an object of encroachment, which is determined by its ability, in conjunction with society, to perform particular functions (economic, biological, and social) with regard to humanity. The article analyzes the global factors which increase the social danger of land mismanagement, such as Ukraine’s status as a guarantor of food security in many countries worldwide, and the persistent trends of global soil degradation which endanger food supply to a sizeable share of the world’s population and are thus recognized as one of the most crucial challenges to sustainable development globally.The analysis of criminological information sources in terms of identifying the land mismanagement facts provided the ground for the conclusion that such encroachments are classified as fairly common offenses and meet the requirements to the relative prevalence of the act. The authors draw attention to the limited abilities of the criminal justice system to counteract these encroachments, but despite the low effectiveness of such activities, there is still a need for ensuring protection of lands under criminal law and for recognizing criminalization of land mismanagement as quite possible and necessary.

Differentiation of criminal liability in unfinished criminal offenses

The article deals with issues related to the differentiation of criminal responsibility in case of preparation or attempt to commit a criminal act. The author expressed arguments that social danger is always evident by the preparation of towers on the one hand and by an attempt and completed crime on the other. However, establishing a clear difference between the public danger of an attempt and a completed criminal offense is premature and requires assessment at the stage of individualization of criminal responsibility. There are not always reasons for ascertaining a clear decrease in the level of public danger committed at the stage of an attempt. That is why the imperative approach to the differentiation of criminal responsibility between an attempt and a finished criminal offense by means of a mandatory reduction of the maximum penalty is cause for concern. It is more justified to solve this issue not categorically, that is, not by differentiating criminal responsibility, but by individualizing the latter. It is proposed that criminal liability for preparation should be imposed only for the range of criminal offenses clearly defined in a separate article of the General Part of the Criminal Code, based on taking into account the object of the offense and the nature of the socially dangerous act. It is not enough to base only on the categorization of criminal offenses to determine the range of those compounds, the preparation of which should attract criminal liability. As a result, the lack of grounds for imperative differentiation of criminal responsibility between an attempt and a completed crime is substantiated, in particular, it is worth abandoning the legislative approach to reducing the upper limit of the most severe punishment in the case of an attempt. At the same time, lowering the upper limit of the most severe punishment in the case of preparation for a criminal offense is correct. Key words: differentiation, criminal liability, preparation, attempt, stage.

Ensuring the right to a fair trial within the documentation of the contravention through the lens of the provisions of the ECHR

Indisputably the right to a fair trial is one of the basic rights enjoyed by any person involved in a contravention process. Even if it is not directly enshrined in the contravention law, it is still found in the content of the law, its application being an obligation of the state authorities involved in carrying out the contravention process. Both the national jurisprudence and the ECtHR jurisprudence denote the role that this principle has in the administration of justice, its non-compliance having the consequence of harming the principles and fundamental rights guaranteed. Although the contravention presents a social danger that is reduced in relation to the crime, that fact must not influence the smooth progress of the contravention process, so that the investigating agent ignores the observance of all the principles established by law in the process of examining the contravention.

Cooperation between the police, the prosecutor’s office and the State Border Guard Service of Ukraine in combating organized criminal offenses related to smuggling, illegal trafficking of weapons and drugs, terrorism and illegal crossing of the state...

The article is a criminological study of the phenomenon of interaction between the police, the prosecutor’s office and the State Border Guard Service of Ukraine in countering organized criminal offenses related to smuggling, illegal trafficking of weapons and drugs, terrorism and illegal crossing of the state border of Ukraine. Based on the results of the research, the social danger of these phenomena in the conditions of war was characterized and outlined, the persons who commit them were highlighted, war was identified as the main factor of changes in the quantitative and qualitative parameters of crime.
 In the work, the distribution of measures for the prevention of organized criminal offenses related to smuggling, illegal trafficking of weapons and drugs, terrorism and illegal crossing of the state border of Ukraine and strategies for reducing opportunities for committing crimes was carried out.
 The study highlights the main directions and means of interaction between the police, the prosecutor’s office and the State Border Guard Service of Ukraine in combating offenses related to organized criminal offenses, related to smuggling, illegal trafficking of weapons and drugs, terrorism and illegal crossing of the state border of Ukraine.
 According to the results of the study, it is emphasized that the interaction between police units with the bodies of the State Border Service of Ukraine and the prosecutor’s office during the detection and termination of organized criminal offenses related to smuggling, illegal trafficking of weapons and drugs, terrorism and illegal crossing of the state border of Ukraine.
 The crime reduction strategy should be based on the application of a combination of public and non-public countermeasures; have a large-scale, complex, well-planned and organized character, aimed at reducing the level of these types of crime as a prerequisite for the existence of other antisocial manifestations.

Designing Sanctions for Aggravation of Misappropriation of Budgetary Funds and State Non-Budgetary Funds

The sanctions of the article are a reflection of the nature of criminal acts, their level of public danger. The quality of the construction of this element of criminal law prescriptions determines the fairness of the penalties imposed, the effectiveness of the application of the norms of criminal law. This causes scientific interest in the indicated problems. The paper analyzes the problems of creating constructions of sanctions, Part 2, Art. 285.1 and part 2 of Art. 285.2 of the Criminal Code of the Russian Federation (in this article, these crimes will be referred to as budget crimes). The purpose of the study is to offer legislative recommendations for their adjustment, to establish compliance with the rules and design principles developed by science. To achieve this goal, the author studied the sanctions of these norms from the point of view of their compliance with the degree of social danger of crimes, consistency, analyzed the judicial practice and the approaches existing in science to the formation of sanctions and the definition of their boundaries. Applying the evidence-based rules, the author expresses her opinion on the presence of errors in the legislative structures of sanctions for these budgetary crimes. The author supports the opinion on the preferred use of the technique of overlapping sanctions, as well as on the need to analyze the data of judicial practice in order to determine their proportionality. Based on the results of the study, it is proposed to optimize sanctions for these budgetary crimes, taking into account the introduction of a specifically classified body of a crime, changing the boundaries of sanctions.

OʻZBEKISTONDA AYOLLAR JINOYATCHILIGINING HOZIRGI HOLATI

In this article, the author gives a criminological description of modern female crime in the Republic of Uzbekistan as the basis for the subsequent development of a system of measures for its prevention and counteraction. The article studies the classification of crimes committed by women in the Republic of Uzbekistan. Quantitative indicators of the level of female crime over the past decade are given, allowing us to assess its trends and dynamics. Based on the specific features of female crime, its structure is analyzed, in which mercenary and violent crimes are singled out, the types of crimes predominantly committed by women are named, and negative trends in female criminal behavior are emphasized. The author argues that the convergence of the qualitative characteristics of female and male crime, the increase in the cruelty of the female crime, the strengthening of the professionalism and organization of the female criminal environment, the growth of recidivism, the rejuvenation of the subjects of crime indicate an increase in the social danger of this phenomenon. The author concludes that the development of general measures for the adaptation and resocialization of convicted women during the period of serving their sentence, and the improvement of the system of incentives and rewards for convicted women to ensure their law-abiding behavior and useful activities.

ОКРЕМІ ПИТАННЯ КЛАСИФІКАЦІЇ ЗАСУДЖЕНИХ ДО ПОКАРАННЯ У ВИДІ ПОЗБАВЛЕННЯ ВОЛІ НА ПЕВНИЙ СТРОК

Classification of convicts as one of the main elements affecting the application of the main means of convicts’ correction and resocialization is considered in the article. Criminal’s identity, their personality, social and psychological structure are examined in the article. The criteria of penitentiary influence that ensure the solution of the goals and tasks of the Criminal and Executive System, are also given. The authors note that the classification of convicts can be defined as based on the law, the requirements of Psychology and Pedagogics, as well as the practice of dividing persons deprived of liberty according to a court verdict into more or less homogeneous groups based on the level of social and moral neglect of their personality, as well as the level of social danger and motives of the crime committed by them for the purpose of their separate detention both in various penal institutions and within them in separate local and structural precincts. Special objectives of the classification of persons sentenced to imprisonment for a certain period of time are given, such as: preventing possible negative influence of different groups of convicts on each other, as well as preventing negative influence of convicts with a clearly expressed criminal antisocial position on other convicts; reducing the influence of the criminal subculture on convict’s personality; ensuring safe conditions of stay in penal institutions; construction of a rational, modern system of penal institutions; organization of convicts’ protection and supervision taking into account the requirements of the theory of physical and dynamic security; etc. The authors considered the European Prison Rules that specify the requirements for the separate detention of different categories of convicts, taking into account their safety and protection, as well as the corresponding regime. Key words: convict, legal status, punishment, classifications, penal institution, criminal offense, correction and resocialization.

Changing the Category of Crime by the Court: Law, Theory, Practice

The article is devoted to the criminal law characterization of the change by the court of the category of crime to a less serious one. The criminal law norm provided for by Part 6 of Art. 15 of the Criminal Code of the Russian Federation, is subjected to dogmatic analysis based on the provisions of the theory of criminal law and judicial practice. The content of the conditions and grounds for changing the category of crime as a tool for the individualization of criminal liability is revealed. The essence of changing the category of a crime by the court is determined, which consists in the fact that the norm is designed to eliminate the contradiction between the need to apply the criminal legal consequences of a less serious crime to the convicted person due to the fact that the punishment imposed on him, reflecting a significantly lower degree of public danger of the deed, corresponds to the category of a less serious crime, and the impossibility to do this for formal reasons, due to the fact that the maximum penalty for a crime committed by the criminal law categorizes it as more serious. In the context of the impossibility of changing the category of crime in a criminal case of a crime of minor gravity in order to assess the actual circumstances of the deed, indicating a significantly lower degree of its public danger, it is recommended to discuss the application of the criminal law norm on the insignificance of the act (part 2 of article 14 of the Criminal Code of the Russian Federation). When passing a sentence, the court is obliged to consider the possibility of changing the category of crime to a less serious one in the presence of those provided for in Part 6 of Art. 15 of the Criminal Code of the Russian Federation of formal conditions, however, the court has the right to change the category of a crime on the basis of an assessment that the degree of social danger of a crime, taking into account the actual circumstances of its commission, has been significantly reduced. A change in the category of a crime cannot affect the application of criminal law norms that determine the criminality of an act (qualification), as well as regulate the rules for sentencing separately for each crime committed. The practice of a court decision to change the category of a crime when issuing a decision to terminate a criminal case or criminal prosecution on non-rehabilitating grounds does not correspond to the procedural order of application of Part 6 of Art. 15 of the Criminal Code of the Russian Federation.

CRIMINAL LIABILITY FOR SMUGGLING IN UKRAINE: SOME ISSUES OF THEORY AND PRACTICE

The article highlights certain problematic aspects related to the legal assessment of certain features of crimes provided for in Articles 201, 201-1, 305 of the Criminal Code of Ukraine. Attention has been drawn to the high level of scientific study of this issue. The content of the social danger of smuggling has been analyzed; the negative impact of the researched crimes on the relations of the market economy in Ukraine has been shown. The features of the object and the subject of the respective encroachments have also been clarified, and the special legal status of certain objects moving across the customs border of Ukraine has been emphasized. Attention has been also focused on the importance of taking into account the blanket method of describing dispositions of “contraband” prohibitions. It has been emphasized on the importance of taking into account the provisions of the Customs Code of Ukraine, as well as by-laws, which detail the procedure for moving certain items across the customs border of Ukraine, when qualifying the crimes investigated in the article. Finally, the controversy in criminal law science and the inconsistency of judicial practice in determining the moment of the end of smuggling have been demonstrated.