scholarly journals STATE OF SCIENTIFIC DEVELOPMENT OF PROBLEMS OF COMBATING CRIMINAL OFFENSES IN THE FIELD OF HOUSING

2020 ◽  
pp. 337-344
Author(s):  
Р. В. Уманець
Keyword(s):  
Twentieth Century ◽  
Law Enforcement ◽  
Construction Industry ◽  
Quality Standards ◽  
Scientific Development ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Scientific Papers ◽  
The Subject ◽  
New Buildings

The relevance of the article is that the stabilization of the financial and economic situation in Ukraine in recent years contributes to the growth of industrial production, increasing investment in various sectors of the economy. There is a certain revival in the field of construction. Significant turnover of money directed to this industry, increasing the pace of construction of new buildings lead to the criminalization of this area, in which various fraudulent acts are committed, theft of funds and materials, which leads to higher costs and violations of their quality standards. The factor of corruption of officials of contracting organizations and state controlling bodies remains significant. The article provides a retrospective analysis of scientific papers, which revealed various forms of abuse of office, as well as relevant at certain stages of development of legislation and law enforcement issues of detection and documentation of certain types (groups) of economic (economic) and other related criminal offenses committed in construction complex. Examining the state of scientific development of the main problems of detecting and documenting corruption offenses in the field of housing, it was found that it has become the subject of scientific research by scientists and practitioners of the twentieth century. Based on the analysis of literature sources, it is concluded that this problem was considered in part during the independence of Ukraine in conjunction with combating criminal offenses in the construction industry (at the level of manuals, dissertations and guidelines). However, the adoption of the new Criminal Procedure Code of Ukraine in 2012, which radically changed and sometimes repealed the provisions of operational units to participate in the detection and investigation of criminal offenses, has led to modern scientific development of the problem.

scholarly journals Jurisdiction over claims made against public-legal institutions

2020 ◽  
pp. 1-8
Author(s):  
Nikolay Basmanov ◽  
Andrei Vladimirovich Ilin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Practical Importance ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Legal Method ◽  
Procedure Code ◽  
Arbitration Procedure ◽  
The Subject ◽  
The Russian Federation

This article discusses the question of territorial jurisdiction over claims made against public-legal institutions (Russian Federation, constituent entities of the Russian Federation, municipal formations). The subject of this research is the current procedural norms regulating the questions of jurisdiction, and the established law enforcement practice. Attention is turned to the existence of gaps in legal regulation of the question of jurisdiction over claims made against public-legal institutions in the Civil Procedure Code of the Russian Federation and Arbitration Procedure Code of the Russian Federation. The authors analyze the established approaches in law enforcement practice towards solution of the aforementioned problem. Methodological framework includes the comparative-legal method and such formal-logical methods, as analysis, synthesis and induction. The relevance and practical importance are substantiated by the subject of research – the law enforcement practice formed by the Russian judicial authorities over the recent years. The conclusion is made on the need for elimination of the existing gap in the normative-legal regulation by amending the current procedural legislation.

scholarly journals Traces of murders committed by convicts in prison

2019 ◽  
pp. 104-109
Author(s):  
K.G. Shelenina
Keyword(s):  
Law Enforcement ◽  
Direct Evidence ◽  
Scientific Literature ◽  
Theory And Practice ◽  
Psychological Characteristics ◽  
Law Enforcement Agencies ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Enormous Amount ◽  
The Subject

The concept of “forensic characteristics of crimes” has long been among the basic concepts of forensic theory and practice. The content of this concept is a systematic set of data about the crime, elements of its composition that are relevant for the identification and exposure of the perpetrator – the location, time, method, traces of the crime, and other circumstances of the subject of evidence, as well as related facts. Particularly serious criminal offenses represent one of the most difficult categories of crimes in terms of their detection and investigation. Often this is due to miscalculations and mistakes in the conduct of primary investigative and search operations, the lack of adaptation of existing private forensic techniques to the realities of modern crime in this field. Most often, the primary measures to identify the perpetrators of the murder of a person are haphazard in nature, conducted without involving the entire arsenal of tactical and criminalistic tools. Sometimes this leads to the loss of the necessary evidence and the lack of efficiency of the enormous amount of work. Detection of certain traces at the scene of the murder, their subsequent fixation, and seizure contribute to the emergence of possible forensic versions, as well as with their help it is possible to distinguish the key signs of the murders committed and consider the evidenced evidence in a specific context. The traces allow us to draw conclusions about the nature, motives, and mechanism of the criminal offense, the identity of the offender, his characteristic physical and psychological characteristics, which are extremely important in the investigation of the killings. Murders committed by convicts in prisons, like any other, cannot be committed without a trace, ie they leave behind in the environment as traces. Which is direct evidence when investigating such a category of crimes. Analyzing the scientific literature and taking into account the practice of law enforcement agencies, the concepts of traces, bases of classification, differentiation of concepts “trace picture”, “typical trace picture”, “typical traces”, division of trace pictures into groups of traces were investigated and revealed. Keywords: trace picture, crime, murder, places of imprisonment, traces.

FORENSIC CHARACTERISTICS OF VIOLENT CRIMES COMMITTED ON THE GROUNDS OF RACIAL, NATIONAL OR RELIGIOUS INTOLERANCE, AND ITS CONNECTION WITH THE SUBJECT OF PROOF

2021 ◽  
Vol 2 (2) ◽  
pp. 109-118
Author(s):  
Anna Borovyk ◽  
Keyword(s):  
General Procedure ◽  
Criminal Procedure ◽  
Structural Elements ◽  
Criminal Proceedings ◽  
Violent Crimes ◽  
Religious Intolerance ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Subject

The article is devoted to the concept of forensic characterization of violent crimes committed on the basis of racial, national and religious intolerance, and its main structural elements that are most important in the detection and investigation of crimes in this category. It is noted that the forensic characterization of crimes is a system of general data, information or information about typical features (structural elements) of a certain type of crime, which are important in the investigation and detection of criminal offenses of a particular type. Among the most important elements that are important during the pre-trial investigation of this category of crimes, we have identified the following: the identity of the offender, with his mental activity, which includes a special motive for committing a criminal offense - intolerance; the person of the victim; the subject of criminal encroachment; the manner of committing the crime in the broadest sense; trace picture. The article reveals the concept of the subject of proof and emphasizes that it fully covers Article 91 of the Criminal Procedure Code of Ukraine, concerning the general procedure for proving in the investigation of violent crimes committed on the grounds of racial, national and religious intolerance. Emphasis is placed on the fact that among criminals who commit violent crimes on the grounds of racial, national or religious intolerance, there are minors, which is why, along with the general circumstances covered by Article 91 of the Criminal Procedure Code of Ukraine, are subject to the establishment in criminal proceedings of circumstances that relate directly to minors and provided for in Article 485 of the Criminal Procedure Code of Ukraine. The article examines the relationship between the forensic characterization and the subject of evidence, and substantiates that the forensic characterization serves as an information base for the circumstances that are part of the subject of proof.

scholarly journals The state of scientific research on the problems of investigation of criminal offenses related to violations of safety rules in the coal industry

2020 ◽  
pp. 115-120
Author(s):  
Yu. S. Bezhynskyi
Keyword(s):  
Technological Progress ◽  
Mining Industry ◽  
Coal Industry ◽  
The State ◽  
Scientific Development ◽  
Production Processes ◽  
Criminal Offenses ◽  
Literary Sources ◽  
The Subject ◽  
Safety Rules

The article examines the state of scientific development of problems of investigation of criminal offenses related to violations of safety rules at the coal industry enterprises. On the basis of the conducted analysis the source base is systematized according to chronological and other criteria, having established their scientific and practical value for development of bases of methodic of investigation of criminal offences of the named category. The scientific literature devoted to the investigation of criminal offenses related to violations of safety rules in the coal industry, is divided into four groups on a chronological basis: the first – the literature published before 1953; the second – sources of years 1954-1991; the third is for publications of the postSoviet period (1991-2012), the fourth is the latest literature published after adoption of current Criminal procedure code of Ukraine in 2012. The author notes that in modern forensic science there is a sufficient array of literary sources, which allows in-depth disclosure of the subject of this study. However, given the presence of scientific and technological progress in the mining industry, the relevant forensic recommendations need to consider the renewal of production processes. Therefore, there is a need to adapt forensic programs to existing technological regulations. The methodics of investigation of criminal offenses related to safety violations in the coal industry should be based on industry, field of production, which gives grounds to define it as a separate intraspecific forensic methodics. Given the blanket nature of the dispositions of criminal law, which provide liability for violation of safety rules in the mining industry, a separate methodology of investigation should implement the provisions of current legislation in terms of intersectoral and sectoral safety rules. In addition, these forensic recommendations should be developed taking into account the production processes, which are constantly evolving.

scholarly journals REKONSTRUKSI PENEGAKAN HUKUM POLITIK UANG DALAM PEMILIHAN KEPALA DAERAH BERBASIS HUKUM PROGRESIF

2016 ◽  
Vol 3 (1) ◽  
pp. 109
Author(s):  
Imawan Sugiharto
Keyword(s):  
Law Enforcement ◽  
Supervisory Board ◽  
Influential Factors ◽  
Legislative Elections ◽  
Political Actors ◽  
Procedure Code ◽  
Criminal Offenses ◽  
Administrative Sanctions ◽  
Regional Elections ◽  
Election Commission

Law enforcement ban on the provision of money or other materials to influence voters in both the legislative elections and the elections of regional heads although in practice the naked eye and is no longer a public secret, but the law enforcement feels very weak. Rarely may not even have happened, law enforcement is applied to Regional Head-Deputy Head candidates who caught giving money or other material known as money politics to win their partner is done transparently, even go to court. In practice, law enforcement is applied only to the person who was caught giving money to someone for choosing a particular candidate. Whereas those arrested is only a messenger of others, for example the Campaign Team of Regional Head Deputy Head Candidates. The purpose of this study was to analyze the influential factors against law enforcement of money politics in regional elections, to find out the shortcomings of political money law enforcement and law enforcement to reconstruct the money politics of the regional elections based progressive law. The results of the research which were done by separating the reconstruction of administrative sanctions such as canceling regional head-deputy head candidates who are convicted of money politics by the Provincial Election Commission or Regional Election Commission upon the recommendation of the Provincial Election Supervisory Board or Regional Election Supervisory Board where the regional head election ongoing and should not wait for the criminal process. While the process of examination of criminal offenses against the political actors of money in provincial or regional elections remain to be done in accordance with the provisions stipulated in the Criminal Procedure Code.

scholarly journals . Essence of forensic description of citizens’ luggage thefts committed at the airport

2020 ◽  
Vol 1 (1) ◽  
pp. 293-300
Author(s):  
Anastasiya Senko
Keyword(s):  
Law Enforcement ◽  
Sufficient Evidence ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Forensic Practice ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Law Enforcement Officials ◽  
The Subject ◽  
Over Time

. The article deals with some aspects of investigating theft of citizens' luggage at the airport. The features of forensic characteristics for faster investigation of the investigated category of criminal offenses are considered. The author emphasizes that the creation of a stable system is a prerequisite for the effectiveness of any activity. The process of pre-trial investigation of criminal offenses is not an exception. An important element of the methodology of investigation of a particular criminal offense is its forensic characteristics. This element allows law enforcement officials to build versions and determine the direction of criminal proceedings at its initial stage. At the same time, when investigating theft of citizens' luggage at the airport, the initial stage is in many cases crucial. It provides an opportunity to gather sufficient evidence that will be lost over time without being able to recover it. Therefore, the issue of research and development of the cur-rent forensic characteristics of the offense is important for the investigation as a whole. It is also noted that the forensic characteristics of the citizens' luggage theft committed at the airport is a system of generalized evidence of the studied materials of the forensic practice, which reflect the connection and correlation of individual forensically significant elements that can be used in the pre-trial investigation of a specific criminal offense. The system of the designated category consists of the following elements: method of preparation, commission and concealment of a criminal offense; the subject of the assault; the situation of committing a criminal offense; a trace picture; the person of the offender; the identity of the victim.

Legal Means of Procuring the Unity Application of the Criminal Procedure Law

2020 ◽  
Vol 27 (2) ◽  
pp. 156-169
Author(s):  
Olha Shylo ◽  
Nataliia Hlynska
Keyword(s):  
Law Enforcement ◽  
Scientific Development ◽  
General Mechanism ◽  
Judicial Reform ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
The Subject ◽  
The Law

Ensuring the unity of judicial practice is the implementation of the legal certainty principle, which is considered as the part of the rule of law, ensures the predictability of court decisions. At the theoretical level, the issues of the unity of judicial practice are mostly the subject of research in the context of judicial reform and the judiciary, but comprehensive research on this issue in the field of modern criminal justice is almost absent. The purpose of the study is to establish a system of legal means to ensure the unity of judicial practice. The methodological basis of the study was based on general and special methods, namely: dialectical, systematic, formal-legal and logical methods. The authors provide a brief overview of the theoretical provisions that determine the socio-legal value of the unity of law enforcement practice. The concept of "unity of judicial practice" in the field of criminal proceedings is analyzed and it was emphasized the usage of the approach of understanding the unity of judicial practice as a synonym of equal (adjustment) application of procedural and material norms in homogeneous categories of court decisions, which are adopted in the course of criminal proceedings. It is established that the limit of permitted differences in the application of the law is quite flexible and informal. It is established that the quality of the law cannot be assessed in isolation from the practice of its application. The authors also emphasize the instrumental role of judicial practice in the general mechanism of ensuring uniformity of law enforcement. A position was expressed on the role of explanations of the Plenum of the Supreme Court in the general mechanism of ensuring the unity of judicial practice. It is established that the system of legal means to ensure the unity of application of the law in the field of criminal proceedings consists of a set of interrelated elements. The results of the study can be used in further scientific development of the problem of ensuring the unity of judicial practice, scientific substantiation of proposals aimed to improve the current legislation of Ukraine, which regulates the issues that have become the subject of this research

scholarly journals JURISDICTION AS A COMPONENT OF THE INVESTIGATOR’S COMPETENCE

2019 ◽  
pp. 166-169
Author(s):  
S. I. Chernobaiev
Keyword(s):  
Criminal Policy ◽  
Scientific Research ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Political Situation ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Subject ◽  
Definition Of

The legislation of Ukraine does not contain a legal definition of the concept of “jurisdiction”, although at the theoretical level this legal category has repeatedly become the subject of scientific research, its content and types have been constantly transformed depending on changes in the legislation of Ukraine. The socio-political situation caused by the violation of the territorial integrity of Ukraine, the priority of the state’s criminal policy in the fight against terrorism, corruption, have become a prerequisite for the emergence of new bodies of pre-trial investigation, changes in the procedural status of the investigator. This allows us to continue scientific research in the direction of improving the definition of “jurisdiction”, the definition of its characteristic components, species and more. The article discusses the relation between the terms “investigator competence” and “jurisdiction”, arguing that the former is broader. Attention is drawn to the normative construction of the articles of the Criminal Procedure Code of Ukraine, which define the rules of subsidiarity, in particular, in retrospect. Analysis of the criteria under which a criminal proceeding is assigned to the sphere of activity (management) of a particular pre-trial investigation body, in particular, the place of commission of a criminal offense, qualification of a criminal offense (event of a criminal offense, nature of the consequences, the subject of the criminal offense, its form guilt), the special status of the subject of the crime, the type and size of the object of the crime and the harm caused by the criminal offense, the status of the victim, the connectedness of actions, etc., allowed to conclude on the expediency of introducing into scientific circulation the concept of “criminal procedural characteristics of criminal offenses” The author defines the concept of “jurisdiction” by which the constituent competence of an investigator for conducting pre-trial investigation of a certain category of criminal proceedings, which is determined depending on the criminal procedural characteristic of a criminal offense, should be understood.

scholarly journals On the improvement of work management in authorities of the prosecutor's office on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor

2020 ◽  
pp. 1-9
Author(s):  
Aleksandr Aleksandrovich Popov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Single Instance ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Work Management

This article raises the questions on the improvement of work management in the prosecutorial branches on consideration of complaints of the parties to criminal proceedings against actions (or inaction) and decisions of the investigator and the prosecutor. Analysis is conducted on the existing in the prosecutor’s office procedure of pretrial dispute, which legislative consolidation is associated with usage of the term “superior prosecutor”. The subject of this research is the norms of the Criminal Procedure Code of the Russian Federation, executive documents of the Prosecutor General's Office of the Russian Federation and prosecutor's offices of the constituent entities of the Russian Federation, as well as scientific literature on the topic at hand. The conclusion is made that the current legislation and the established law enforcement practice assume on the recurrent appeal on the same instance of violation of law within a single prosecutorial branch, and thus do not effectively protect the rights and legitimate interests of the parties involved in the criminal procedure sphere. For this reason, the author makes recommendations on the amendments to the Criminal Procedure Code of the Russian Federation aimed at adjustment of the procedure of consideration of complaints of the parties to criminal proceedings, which would ensure their resolution within the framework of a single prosecutorial branch in a single instance.

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