The operational role and the importance of the application of criminal procedures during the investigation of the organized crime in Kosovo

The application of criminal procedures in the investigation of organized crime in Kosovo quests a deeper empirical study and wider research of a scientific literature than ever done before. The failure of many organized crime cases throughout the courts of Kosovo and the light and acquittal sentences are real indications that the application of criminal proceedings is not being properly conveyed in practice. The data provided through the empirical research of this paper indicate that non-compliance with criminal procedures leads to a decrease in efficiency and a significant increase in organized crime cases. Through this research we aim to identify the possible factors that affect the growth of the phenomenon of crime as well as the reflection of institutions dealing with the prevention and fight against crime. According to the observation the author suspects that the starting point of criminal proceedings regardless of the degree of probability is extremely important for the fight against crime, especially the fight against modern forms characterized by a high degree of organization, professionalism, specialization and secrecy. This paper reflects the detailed theoretical research of the scientific literature by various local and foreign authors and experts who have written about criminal procedures, research and analysis of theoretical and practical data on the meaning and importance of the implementation of criminal procedures in detecting organized crime in Kosovo are of particular importance to investigators of organized crime in the future. The effectiveness of criminal procedures in detection of organized crime in Kosovo should be closely related to criminology, criminalistics and criminal policy, the implementation of criminal procedures should in principle aim to return the basis of suspicion to the highest level of suspicion. This activity starts with the appearance of the basis of suspicion or the highest form of suspicion in the form of orientation and elimination indicators. The same activity consists of criminal control and processing. The content and strategy of these activities determine their further course, as well as condition the range of rules of criminal science in a specific case based on the provisions of the Code of Criminal Procedure, as well as other provisions of laws and bylaws. The strategy and tactics of these activities are dictated by the type of criminal offense.

QUALIFICATION OF CRIMINAL OFFENSES: THE PROBLEM OF DEFINITION AND METHODOLOGICAL ASPECTS OF THE RESEARCH

The article is devoted to the study of the qualification of criminal offenses. It has been established that this concept is used in criminal and criminal procedural legislation, but there is no formal definition of it. In the science of criminal law, there are different approaches to understanding the concept of qualifications. Based on the analysis of these approaches, the definition of the qualification of criminal offenses has been formulated. According to the author, the qualification of criminal offenses is a process of knowledge and evaluation by the authorized subject of the factual features of a socially dangerous act, isolation of legally significant ones and establishing their compliance with the legal features of a particular corpus delicti of criminal offense, including its distinction from other criminal offenses and from acts that are not criminally illegal, as a result of which the conclusion on the criminal law norm to be applied is substantiated and documented. The main methodological aspects of the study of the qualification of criminal offenses, such as praxeological, epistemological, axiological, hermeneutical, logical, practical, are highlighted. From the point of view of praxeology, the qualification of criminal offenses is considered as a special kind of human, and in particular legal, activity. In the epistemological aspect, the qualification of criminal offenses is the cognitive activity of the law enforcer. In the axiological aspect in the process of qualification the assessment of factual signs and the committed act as a whole is carried out, and also in the presence of estimation concepts in criminal law their maintenance is defined. The hermeneutic aspect of the study of the qualification of criminal offenses is to study the understanding and interpretation of criminal law. The comparison of the factual features of the committed act and the features of the specific composition of the criminal offense should be carried out using the laws, forms and methods of logic. The practical aspect of the study of the qualification of criminal offenses covers the material and procedural problems of accuracy, correctness of qualification in terms of content and form. It is concluded that the study of these aspects contributes to a deeper understanding of the concept under study. The multidimensional approach to the qualification of criminal offenses contributes to the further comprehensive development of qualification rules and substantiation of proposals for improving the practice of applying the criminal law.

Norm of criminal law under the draft Criminal code of Ukraine

The article considers the rule of law, the rule of criminal law. When studying the norm of criminal law, I rely on the fact that it is a mandatory rule of conduct for failure to commit a criminal offense under the criminal law of the Special Part of the Criminal Code of Ukraine, organically related orders, compliance with which is ensured by coercive potential criminal law influence. The norm of criminal law consists of: 1) conditions for the implementation of criminal law (hypothesis); 2) criminal law normative – obligatory legal requirement for non-commission of an act provided by the instruction of the Special Part of the Criminal Code (disposition); 3) sanction for non-compliance with these legal requirements. Mandatory requirements (rules) contained in the articles of the General and Special Parts of the Criminal Code and organically supplement (clarify) the content of the relevant structural part of the criminal law or contain procedural issues for its application and implementation. The article analyzes the hypothetical, dispositional and sanctioning dictates of the draft Criminal Code of Ukraine. It is concluded that the draft Criminal Code of Ukraine does not significantly change the approaches to understanding the rules of criminal law as a system of established (sanctioned) by the Verkhovna Rada of Ukraine and legally secured universally binding criminal law norms and organically related commands. project composition, their rights and responsibilities, tasks of the Criminal Code, legal facts, etc.), compliance with which is ensured by the coercive potential of the means of criminal law influence. The considered norm in a broad sense provides for a three-tier structure and is fixed in the criminal law. At the same time, the structural elements of the norm of criminal law in the «broad» sense are placed in the articles of both the General and Special parts of the draft Criminal Code of Ukraine. Further research should focus on understanding the concept and structure of criminal law, as it will help both the legislator and the court. Proper interpretation of the concept and structure of criminal law encourages parliamentarians to more fully and accurately reproduce in the text of the Criminal Code of Ukraine all the necessary elements of criminal law in view of the purpose of its development and adoption, and the judge, investigating judge (court) – to find, compare and understand these elements, to establish their interrelations and the legal will of the legislator fixed in this norm, and also to provide its reliable realization according to a letter of the law. This knowledge allows members of society to navigate the system of criminal law obligations for their implementation.

Qualification of child sexting, sextorsion and online grooming

Some characteristics of actus reus of Art. 3011 and of Art. 1561 of the Criminal Code of Ukraine are analyzed. The characteristics of sexting and sextorsion, the subject matter of which is child pornography, and online grooming are revealed. If the participant in the child sexting is an adult who received from the child through a means of communication its image in a sexually explicit manner, his actions must be assessed as the production of child pornography (part 3 of Art. 3011 of the Criminal Code) and its storage (part 1 or 2 of Art. 3011 of the Criminal Code depending on the absence or presence of the purpose of selling or distribution). In this case, the adult participant in the sexting uses a child who photographs or shoots himself in a sexually explicit manner as a «tool» for the production of child pornography. If the participant in the child sexting is a minor (who has reached the age of 16), the responsibility for such acts arises only if he has the purpose of selling or distribution child pornography. If an adult participant in sexting has the purpose to obtain an image of a child in a sexually explicit manner and then threatens to sell or distribute it in order to obtain new such images, then there is a sextorsion that should be qualified as the production of child pornography (part 3 of Art. 3011 of the Criminal Code), the storage of child pornography with the purpose of selling or distribution (part 2 of Art. 3011 of the Criminal Code) and forcing a minor under-18s or under-14s to participate in the creation of child pornography (part 3 or 4 of Art. 3011 of the Criminal Code). If the purpose of the sextorsion is to meet with the child online or in real life to commit any sexual or lewd acts with him or to involve the child in the production of child pornography, such sextorsion should be qualified as the production of child pornography (part 3 of Art. 3011 of the Criminal Code), the storage of child pornography with the purpose of selling or distribution (part 2 of Art. 3011 of the Criminal Code) and depending on the stage of the sextorsion: or as preparation for harassment of a child for sexual purposes, or as an attempt to commit a criminal offense, or as a completed harassment (Art. 1561 of the Criminal Code). Building a trusting relationship by adult with a child on the Internet for a future meeting with the purpose to committing any sexual or lewd acts against him or involving him in the production of child pornography constitutes online grooming and should qualify as preparation for harassment of a child for sexual purposes. Key words: child pornography, sexting, sextorsion, online grooming.

General rules of qualification of a criminal offense taking into account its stages

The conceptual apparatus which is a starting point for qualification of a criminal offense taking into account its stages is considered. General rules for qualifying a criminal offense, taking into account its stages, are proposed.

On the issue of criminal liability for negligent joint infliction of criminal - illegal consequences

The article is devoted to the consideration of problematic issues related to criminal liability for negligent joint infliction of criminal consequences. Issues related to the negligent joint infliction of criminal consequences do not lose their relevance at the current stage of development of Ukrainian criminal law. The article defines the concept of negligent joint infliction of criminal consequences and provides a thorough description of its mandatory features. It is separately stated that correctly determining the basis of criminal liability of persons who jointly caused negligent damage, qualifying their actions and establishing rules for sentencing them is an important task for law enforcement and therefore it requires detailed justification and elaboration of general theoretical issues. legal consequences and the development of features of such a definition. It is proved that negligent joint infliction of criminally illegal consequences is the commission by two or more subjects of a certain criminal offense, illegal, objectively interconnected and mutually conditioned act, which is part of the objective side of a criminal offense that has a negligent form of guilt, and creates a single, common to all subjects socially dangerous result provided by criminal law. It is established that in case of negligent joint infliction of criminally - illegal consequences there is an objective interdependence and interaction of actions (actions or inactions) of such subjects who took part in achievement of those socially dangerous consequences which are provided by the criminal legislation.

Subjective side of "Concealment of a crime" (Article 396 of the Criminal Code of Ukraine) and its impact on qualifications

The article considers the current problems that arise during the qualification "Concealment of a crime" (Article 397 of the Criminal Code of Ukraine), in particular on the basis of the subjective side. The problem of the correct qualification of a criminal offense depends on the correct establishment of all the features of the criminal offense, among which the greatest complexity are the features of the subjective side. To do this, it is necessary to disclose the content and characteristics of the subjective side, its mandatory features, and to determine the significance of the characteristics of the subjective side of the crime for the criminal assessment of the offense. The subjective side is a mandatory element of any criminal offense. Among its features are guilt, motive and purpose of the criminal offense. The analysis of judicial practice, scientific works gives the chance to develop scientific knowledge concerning the outlined question and to draw the following conclusions. The subjective side of concealment of a crime (Article 396 of the Criminal Code of Ukraine) is characterized by guilt exclusively in the form of direct intent. The qualification of concealment of a crime can be significantly affected by a person's legal or factual error. Motive and purpose are optional features of the composition of concealment of the crime, they do not affect the qualification of the perpetrator, but must be considered by the court in sentencing. At the same time, the selfish motive of concealment of a crime has a great social danger, but fixing it in the tort under investigation is considered inexpedient, as it may complicate the distinction between concealment of a crime committed for selfish motives and acquisition, receipt, storage or sale of criminally obtained property. The significance of the subjective side and its features for qualification is determined. The paper reveals the features of subjective signs of concealment of a crime on the basis of the provisions of the Criminal Code of Ukraine. Examples from judicial practice are analyzed.

Human Trafficking: Trends and Methods of Counteraction

One of the serious and serious crimes of an international nature is human trafficking, which requires effective and enhanced interstate cooperation, since this phenomenon has not bypassed any State in the world. Human trafficking is an international crime. This type of crime occupies a significant place in the structure of criminal business. The authors of the article analyze the norms of criminal law that identify this type of criminal offense.

Restrictive measures of a criminal law nature in the system of legal regulation of prevention and to combat domestic violence

The article is devoted to the study of the system of state measures applied to persons, who are suspected, accused of committing or having committed domestic violence, as well as determining the place of restrictive measures of a criminal law nature in the proposed system. For this purpose, it is necessary to conduct an analysis of the legislative regulation of state measures applicable to persons suspected of committing or having committed domestic violence at all levels of №rmative legal regulation; to delimitate the terms “restrictive measure”, “precautionary measure”, “restrictive prescription” and “temporary prohibition injunction” and to analyse the expediency of the new term “security measures” proposed by the draft of the new Criminal Code of Ukraine. The result of the conducted study is an analysis of the existing state measures to combat domestic violence in order to form a system of special measures to combat domestic violence, as well as examination of the issue concerning the place of restrictive measures of a criminal law nature applicable to persons having committed domestic violence. So, today, the system of special measures to combat domestic violence consists of types of measures to temporarily restrict the rights and obligations of the perpetrator who committed domestic violence, as well as to a person suspected, accused or committed a criminal offense related to domestic violence. The types of such measures are taking the offender into preventive registration and carrying out preventive work with him; referral of the offender to the offender program; a temporary injunction; a restrictive prescription of a civil nature a restrictive measure of a criminal procedure nature applicable to persons suspected or accused of committing domestic violence; and a restrictive measure of a criminal nature nature applicable to persons who have committed domestic violence having different preconditions, grounds , subjects and the term of appointment, but have the sole intention of protecting persons suffering from domestic violence.

Whether the possibilities of interrogation as a form of shaping evidence in criminal proceedings have been exhausted?

The article analyzes the formation of the institution of interrogation as an investigative action, which is a procedural way of obtaining information from an interrogated person about the circumstances of a criminal offense. The process of legislative development is highlighted, by which the investigator’s relationship with the person being interrogated are controlled. The kind of regulation also depends on latter’s procedural status (witness, victim, suspect, accused). It is noted, that now created reliable legal safeguards to protect the rights and interests of the interrogator, appropriate scientific recommendations for the use of tactical interrogation techniques to obtain complete and objective testimony as sources of evidence have been developed. Recently, problematic issues like relation of interrogation and procedural interview, which scientists and practitioners have been paying a certain amount of attention to, were discussed. Attention is drawn to the lack of unanimity in the definition of the procedural interview. The inadmissibility of calling such an interview a procedural action is emphasized, since it is not enshrined in the current CPL of Ukraine as a procedural action. It has been proven that the structure of the procedural interview, which is proposed by certain authors, fully coincides with the structure of interrogation as an investigative action. The expediency of the study of foreign experience in detection and investigation of crimes, its comparison with the current practice of law enforcement agencies of Ukraine and, in the board of actual expediency, the introduction into the activities of investigative and operational units of law enforcement agencies is stated.