Bulletin of criminological association of Ukraine https://vca.univd.edu.ua/index.php/vca <p><em>Збірник наукових праць «Вісник Кримінологічної асоціації України» входить до переліку наукових фахових видань України (юридичні науки, спеціальності – 081, 262), в яких можуть публікуватися результати дисертаційних робіт на здобуття наукових ступенів доатора наук, кандидата наук та ступені доктора філософії, категорії «Б» (наказ Міністерства освіти і науки України від 20.06.2023 р. № 768).</em></p> Kharkiv National University of Internal Affairs uk-UA Bulletin of criminological association of Ukraine 2304-4756 PROBLEMS OF CRIMINAL LIABILITY FOR ILLEGAL MOVEMENT OF PERSONS IN THE CONTEXT OF ARMED CONFLICT: A SCIENTIFIC ANALYSIS OF LEGISLATIVE INITIATIVES https://vca.univd.edu.ua/index.php/vca/article/view/34 <p>The article is devoted to the scientific analysis of draft laws proposing amendments and additions to the Criminal Code of Ukraine on issues of criminal responsibility for the illegal (forcible) movement of persons in the context of the armed conflict in Ukraine. Taking into account the provisions of international criminal and humanitarian law, the practice of international ad hoc courts, as well as the domestic doctrine of criminal law, conclusions were made, critical judgments were expressed regarding individual provisions of draft laws, and author proposals were formed in the form of alternative draft laws on criminal liability.</p> О.М. LITVINOV Y.V. ORLOV А.М. YASHENKO Copyright (c) 2023 LYTVYNOV, ORLOV, YASHCHENKO http://creativecommons.org/licenses/by/4.0 2022-07-29 2022-07-29 28 1 11 30 10.32631/vca.2023.1.01 PROBLEMS OF APPLICATION AND WAYS TO IMPROVE THE LAW ON CRIMINAL LIABILITY FOR CHILD PORNOGRAPHY https://vca.univd.edu.ua/index.php/vca/article/view/35 <p>The article is devoted to identifying contradictory provisions in the current law on criminal liability for child pornography, which do not comply with the scientifically determined principles of criminalization of acts, and to developing proposals for improving these provisions.</p> <p>First of all, attention is drawn to the fact that the criminalization of acts under Part 1 of Article 3011 of the Criminal Code of Ukraine is completely unnecessary, as it does not comply with such principles of criminalization as: the principle of social danger, the principle of proportionality of positive and negative consequences of criminalization, the principle of systemic legal consistency, the principle of international legal necessity and admissibility, the principle of prohibition without gaps and excessiveness, the principle of proportionality of sanctions and economy of repression. It is also noted that such a socially dangerous act as offering or providing a child with access to child pornography, including through the use of information and telecommunication systems or</p> <p>&nbsp;</p> <p>technologies, remains uncriminalized. It is also pointed out that the sanctions of article 3011 of the Criminal Code are excessively severe compared to the sanctions of articles providing for liability for similar acts.</p> <p>In order to eliminate the identified shortcomings and bring the provisions of Article 3011 of the Criminal Code in line with the provisions of the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Lanzarote Convention), the Law of Ukraine "On Protection of Public Morality", Articles 1561 and 301 of the Criminal Code of Ukraine, it is proposed to: decriminalize the acts provided for in Part 1 of Article 3011 of the Criminal Code and exclude the provisions of Part 1 from the text of this article; establish criminal liability for offering or providing a child with access to child pornography, including through the use of information and telecommunication systems or technologies; bring the sanctions of Article 3011 of the CC in line with the sanctions of Articles 1561 and 301 of the Criminal Code; leave in Article 3011 of the Criminal Code the provision that a minor shall not be subject to criminal liability for the production of child pornography if such actions are committed without the purpose of sale or distribution.</p> V.P. YEMELIANOV Y.S. MYTROFANOVA Copyright (c) 2023 YEMELIANOV,MYTROFANOVA http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 31 40 10.32631/vca.2023.1.02 ON THE QUESTION OF THE NECESSITY OF CHANGES TO THE CRIMINAL LEGISLATION OF UKRAINE UNDER THE CONDITIONS OF THE LEGAL REGIME OF MARTIAL STATE https://vca.univd.edu.ua/index.php/vca/article/view/36 <p>Changes in the criminal legislation of Ukraine in connection with the introduction of martial law on its territory were considered. The main vectors of changes and additions to the Criminal Code of Ukraine have been determined, in particular, this applies to the following actions: collaborative activity; assistance to the aggressor state; unauthorized distribution of information about the transfer, movement of weapons, armaments and military supplies to Ukraine, the movement, movement or deployment of the Armed Forces of Ukraine; illegal use for profit of humanitarian aid, charitable donations or free aid, etc.</p> <p>The main problems of the application of the criminal legislation of Ukraine in connection with the changes made to the Criminal Code of Ukraine after February 24, 2022 are outlined.</p> <p>Attention is focused on the need to observe the main principles of legislative technique and to prevent the system of the entire criminal legislation of Ukraine from being unbalanced.</p> T.A. SHEVCUK Copyright (c) 2023 SHEVCHUK T.A. http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 42 49 10.32631/vca.2023.1.03 CRIMINAL LIABILITY FOR NEGLIGENT ATTITUDE TO MILITARY SERVICE AND THE EFFECTIVENESS OF ITS INDIVIDUALIZATION IN CERTAIN FORMS https://vca.univd.edu.ua/index.php/vca/article/view/37 <p>The article is devoted to the identification, description and explanation of theoretically possible forms of potential and real (negative or retrospective) criminal liability for negligent attitude to military service, assessment of the effectiveness of its individualization in these forms, and also to the development of the author's own generalized conclusions on this basis, which would contribute to the expansion and further development of scientific understanding of criminal liability in general and criminal liability for negligent attitude to military service in particular.</p> О.М. BANDURKA А.М. YASHENKO Copyright (c) 2023 Yashenko A.M. http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 50 63 10.32631/vca.2023.1.04 CRIME IN THE EXTERNAL ECONOMIC SPHERE AS AN OBJECT OF CRIMINOLOGY ANALYSIS https://vca.univd.edu.ua/index.php/vca/article/view/38 <p>In the article, based on the analysis of the scientific views of scientists and the norms of the current legislation, the author's definition of the concept of foreign economic activity is proposed. Attention is focused on the fact that foreign economic activity is associated with a large circulation of funds, which in turn determines the high risks of committing crimes in the relevant sphere. The features that characterize crimes in the foreign economic sphere and the ways to reduce the level of foreign economic crime are singled out.</p> S.E. ABLAMSKYI S.V. LUKIANENKO Copyright (c) 2023 ABLAMSKYI, LUKIANENKO http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 64 71 10.32631/vca.2023.1.05 PROBLEMS OF COMBATING ORGANIZED CRIME IN THE CONDITIONS OF WAR: FROM CURRENT CHALLENGES TO STRATEGIC MANAGEMENT https://vca.univd.edu.ua/index.php/vca/article/view/39 <p>The article is devoted to a criminological analysis of the problems of combating organized crime from a national and global perspective. The need to increase the efficiency of interaction between the bodies of the National Police of Ukraine, and in particular the Department of Strategic Investigations, and territorial units of the Security Service of Ukraine, its coordination groups at the Anti-Terrorist Center, military units (units) of the Armed Forces of Ukraine, the National Guard of Ukraine, the State Border Guard Service of Ukraine, is substantiated. State special transport service. The predominance of the project level of combating organized crime in international anti-criminal practice and the obvious lack of a strategic approach have been revealed. The position is advocated about the need to reform the entire global architecture of combating organized crime, which, in a transformed form, should include a fundamental component - the strategy of preventing international crime.</p> O.V. HERASYMENKO Y.O. GLADKOVA Y.V. ORLOV Copyright (c) 2023 HERASYMENKO, ORLOV http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 72 86 10.32631/vca.2023.1.06 COMBATING CHILD PORNGRAPHY IN EU COUNTRIES https://vca.univd.edu.ua/index.php/vca/article/view/40 <p>The article examines the legislative framework, as well as the current state and prospects for expanding cooperation between the member states of the European Union in combating the most dangerous criminal crimes of a sexual nature against children. It is emphasized that the protection of children from sexual exploitation and the fight against the spread of child pornography are the subject of constant attention of the member states of the European Union, a conceptual analysis of the content of the fundamental international legal acts regulating the protection of children from sexual exploitation and sexual violence was carried out, attention was also focused on the steps on curbing the spread of child pornography using modern information technologies. Attention is focused on the need to improve the specified legal framework in the field of ensuring the information security of minors on the Internet.</p> S.F. DENYSOV М.М. HARIGA-HRYHNO Copyright (c) 2023 DENYSOV,HARIGA-HRYHNO http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 87 98 10.32631/vca.2023.1.07 CRIMINAL SUBCULTURE AS AN OBJECT OF CRIMINOLOGY RESEARCH https://vca.univd.edu.ua/index.php/vca/article/view/41 <p>The article examines the criminal subculture as a social phenomenon that is the antithesis of general culture. The concept of criminal subculture is given, its place in modern society, its influence on the professionalization and spread of crime, including its role in the self-determination of crime, are investigated. Attention has been sharpened on the connections between the subculture of professional criminals and the penitentiary subculture. The key features and structural elements of the criminal subculture are described. Suggestions for neutralizing the criminal subculture are provided.</p> N.K. МАKARENKO Copyright (c) 2023 Nataliya K. МАKARENKO http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 99 107 10.32631/vca.2023.1.08 TENDENCIES IN CHANGES IN THE CRIMINOGENIC SITUATION IN UKRAINE DURING THE CONDITIONS OF WAR: FROM ORDINARY CRIME TO CRIMINAL RADICALISM https://vca.univd.edu.ua/index.php/vca/article/view/42 <p>The article is devoted to a criminological analysis of trends in changes in the criminogenic situation in Ukraine in wartime conditions. They are recorded by broad trajectories of quantitative and qualitative transformations in the level and structure of both ordinary crime and military-political crime (crimes of aggression, war, war crimes, criminal offenses against the foundations of national security), as well as criminal radicalism. The latter, both in the current and prospective terms, is associated with the intensification of the reproduction of hate crimes. This problem will intensify as the territories of Ukraine are de- occupied, as well as the general post-war transit, implementation of the concept of transitional justice.</p> Y.V. ORLOV Copyright (c) 2023 Ю.В. ОРЛОВ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 108 123 10.32631/vca.2023.1.09 ARTIFICIAL INTELLIGENCE AS AN TOOL FOR COMBATING CRIME https://vca.univd.edu.ua/index.php/vca/article/view/43 <p>Crime has been a companion of human civilization throughout its existence. The fight against it is the key to the normal existence of people. In Ukraine, which is a European country, it develops rapidly and does not stand on the side of transformations in the field of information technologies. "Artificial intelligence" is rapidly spreading in Ukraine as well. Several companies in the field of "Artificial Intelligence" of Ukrainian origin have already been acquired by international corporations such as Snap, Google, Rakuten, in addition, there are many outsourcing companies in the field of "Artificial Intelligence", whose programs are used in various fields, first of all, it is chat bots, entertainment products and information technology. The main thing is that the majority of Ukrainian citizens in one way or another take part in this problem and understand its significance for the development of the state and society in the direction of digitalization.</p> К.О. CHEREVKO I.H. LUTSENKO Copyright (c) 2023 К.О. ЧЕРЕВКО, І.Г. Луценко http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 124 133 10.32631/vca.2023.1.10 GENOCIDE AS THE MOST SERIOUS INTERNATIONAL CRIME IN THE CONTEXT OF THE ARMED AGGRESSION OF THE RUSSIAN FEDERATION https://vca.univd.edu.ua/index.php/vca/article/view/44 <p>The article is devoted to the study of the problems of bringing guilty persons to criminal responsibility for committing the genocide of the Ukrainian people in the context of the armed aggression of the Russian Federation. Genocide has been distinguished from related criminal offences. The international experience of identifying and combating this critically dangerous phenomenon was studied. Some of the latest manifestations of genocidal practices are identified, such as urbicide, identocide, populicide, the threat of using nuclear weapons.</p> О.О. AVDIEIEV Copyright (c) 2023 О.О. AVDIEIEV http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 134 140 10.32631/vca.2023.1.11 INTERACTION OF THE INFORMATION SYSTEM OF STATE STATISTICS BODIES WITH THE INFORMATION SYSTEMS OF STATE GOVERNMENT BODIES https://vca.univd.edu.ua/index.php/vca/article/view/45 <p>The article analyzes legislative provisions and departmental legal acts in the field of state statistical activity. The definition of the information system of state statistics bodies is highlighted. The principles of interaction between state statistics bodies and state authorities on issues of statistical data exchange were considered. The essence of the interaction of the information system of the state statistics bodies with the information systems of the state authorities was determined. The shortcomings of such interaction are emphasized and the ways to solve them are given.</p> S.M. VYANAYALO Copyright (c) 2023 Svitlana М. VYANAYALO http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 141 146 10.32631/vca.2023.1.12 THE QUESTION OF THE ESSENCE AND CLASSIFICATION OF MILITARY- POLITICAL CONFLICTS https://vca.univd.edu.ua/index.php/vca/article/view/46 <p>It is proven that a military-political conflict is a clash between two or more military-political forces or groups, caused by real or artificially created political, social, ideological contradictions, which manifests itself in the conduct of open hostilities, political pressure, informational and psychological influence etc. It is emphasized that transnational business, which plays a key role in modern military and political conflicts, needs a scientific understanding from the point of view of determining the limits of the influence of such business, including the potentially possible influence on the processes of state formation and international politics. It is noted that not only real contradictions cause individual military and political conflicts. It is also worth being aware of the so-called artificial, imposed contradictions that underlie the phenomenon of resentment, based on complex and multifaceted mechanisms of formation of hatred for a certain object among the population.</p> L.L. HONCHARENKO V.V. ABLAMSKA Copyright (c) 2023 Lesya L. HONCHARENKO,Victoria V. ABLAMSKA http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 147 157 10.32631/vca.2023.1.13 UPDATE OF TRAINING MANUAL "CRIMINAL LAW OF UKRAINE (IN QUESTIONS AND ANSWERS)" EDITED BY DOCTOR OF LEGAL SCIENCES, PROFESSOR Y. V. ORLOV: IDEOLOGICAL/IDEAL, SPIRITUAL AND ESSENTIAL ASPECTS OF KHARKIV NATIONAL UNIVERSITY OF INTERNAL AFFAIRS SCIENTIST`S PRO https://vca.univd.edu.ua/index.php/vca/article/view/47 <p>The article is devoted to a comprehensive, doctrinal-organizational, pedagogical-value analysis of the textbook «Criminal Law of Ukraine (in questions and answers)»» edited by Doctor of Laws, Professor Yu. V. Orlov (2023). Attention is focused on individual, most significant from the author's point of view, provisions of the General Part, which determine the value attitudes, motivational foundations of thinking and scientific creativity of the team of authors of the manual, which are particularly significant for the formation of the personality of a policeman, a lawyer in the conditions of the ongoing Russian-Ukrainian war.</p> I.V. KRITSAK Copyright (c) 2023 Ivan V. KRITSAK http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 158 174 10.32631/vca.2023.1.14 GUARANTEEING THE RIGHTS OF INTERNALLY DISPLACED PERSONS IN THE CONTEXT OF ENSURING NATIONAL SECURITY OF UKRAINE (THEORETICAL AND LEGAL ASPECT) https://vca.univd.edu.ua/index.php/vca/article/view/48 <p>The article highlights the main areas of activity of the components of the security and defense sector of Ukraine, which correspond to guaranteeing the full implementation of the rights of internally displaced persons, from the standpoint of a general theoretical analysis. On the basis of the analysis of the provisions of</p> <p>&nbsp;</p> <p>the current legislation on national security, five conceptual bases of the activities of national security agencies aimed at ensuring the rights of internally displaced persons have been determined: ensuring the control functions of the Verkhovna Rada of Ukraine over the activities of law enforcement agencies in order to guarantee their unwavering and unconditional compliance with the requirements of the current legislation , the implementation of preventive protective measures to guarantee the exercise of rights by internally displaced persons, the implementation of consultations by the heads of national security bodies with local authorities and local self-governments on the issues of ensuring the rights of internally displaced persons, the establishment of interaction between national security bodies and military administration bodies during planning and implementation special forces, the involvement of authorities in the development of state-targeted strategic documents in the field of national security and defense, taking into account guarantees of the realization of rights and interests provided for by legislation for internally displaced persons.</p> O.S. PEREDERII Copyright (c) 2023 Oleksandr S. PEREDERII http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 176 181 10.32631/vca.2023.1.15 TYPES OF CRIMINAL RADICALISM: CRIMINOLOGY-EXISTENTIAL APPROACH https://vca.univd.edu.ua/index.php/vca/article/view/49 <p>The article is devoted to the disclosure of the criminological-existential approach to the species differentiation of criminal radicalism. It has been established that the latter is very versatile. Only its external manifestations are characterized by operational, attributive (according to the characteristics of the composition of criminal offenses) uniformity. Internal, psychological, existential aspects of criminal radicalism are variable. The conducted research made it possible to distinguish 8 of its types: self-actualizing, megalothymic, isothymic, solidarizing, thanatophobic, resentful, freedom-centered, and freedom- eliminating. Their characteristics are given.</p> P.Y. DANILCHENKO Copyright (c) 2023 Pavlo Yu. DANILCHENKO, http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 183 196 10.32631/vca.2023.1.16 THE ISSUE OF THE CHARACTERISTICS OF SPECIAL (BRANCH) PRINCIPLES OF CRIMINAL LAW https://vca.univd.edu.ua/index.php/vca/article/view/50 <p><em>It was found that the principles of criminal law are the key, fundamental, starting principles, ideas that underlie the functioning of the relevant branch of law. It is noted that the principles form not only the ideological basis of criminal law, they also directly depend on the directions of development of this branch of law, as well as the functioning of legal relations, the regulation and ordering of which is aimed at the action of the norms of the studied branch of law. It is emphasized the importance of taking into account in further research the relationship between the dynamics of principles depending on the processes taking place in society and their balance and coherence. This means that even the smallest changes in society should be reflected in the restructuring of the essence of principles based on them.</em></p> М.О. KOLESNYK N.O. PRIBYTKOVA Copyright (c) 2023 Maryna O. KOLESNYK, Natalia O. PRIBYTKOVA http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 197 207 10.32631/vca.2023.1.17 US EXPERIENCE REGARDING PUBLIC-PRIVATE PARTNERSHIP IN THE SPHERE OF HIGHER EDUCATION AND THE POSSIBILITY OF ITS USE IN UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/93 <p>It is emphasized that the system of higher education in the United States of America is determined by a high level of research activity and innovation. Universities and colleges actively fund important scientific projects, promoting scientific discoveries and technological developments. This, in turn, contributes to the development of modern solutions for various problems, and also stimulates interdisciplinary research. And, therefore, it is emphasized that interdisciplinarity is an important aspect of the education system, as it promotes the exchange of ideas between different branches of social life.</p> <p>It has been established that the United States of America has formed a fairly efficient and effective system of public-private partnership in the field of higher education, which is clearly evidenced by practice, as well as the fact that the higher education system in this country is one of the most prestigious in the world.</p> <p>It is argued that the most positive experience of the USA, which should be used by the domestic legislator in the framework of improving the relevant partnership, is the following: 1) active attraction of funds from the private sector, which are used to ensure the functioning of the institution of higher education, which allows to reduce the burden on the state budget; 2) US colleges and universities actively exchange technology and experience with private partners, which in turn makes it possible to develop not only science, but also a certain branch of production; 3) the parties to the partnership create opportunities for students and teachers to participate in advanced projects, thereby gaining the necessary practical experience; 4) technology transfer, which involves the transfer of technologies and knowledge, promoting innovation and economic growth; 5) private enterprises, especially multinational corporations, can contribute to the globalization of higher education by promoting international cooperation, exchange programs and joint research initiatives; 6) public-private partnership directly affects the flexibility of the education system, which adapts to the labor market, as well as socio-economic requirements.</p> S.V. BODNAR Copyright (c) 2023 С.В. БОДНАР http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 208 216 10.32631/vca.2023.1.18 STAFFING LEVELS OF THE STATE CUSTOMS SERVICE OF UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/94 <p>Three levels of personnel support of the State Customs Service are distinguished. The first is the highest level, at which the activities of the coordination and management bodies of the State Customs Service of Ukraine, namely the Cabinet of Ministers of Ukraine and the Ministry of Finance of Ukraine, are of key importance. Within the framework of the specified level, the following is ensured: 1) formation of the general state personnel policy in the field of public service of authorities in general and the State Customs Service in particular; 2) issuance of key subordinate regulatory legal acts for the implementation of the customs legislation of Ukraine, which approve the customs policy, the basics of customs affairs and the work of executive authorities, which are authorized to implement activities in the relevant direction; 3) building the highest management level of the State Customs Service of Ukraine.</p> <p>The second level of staffing of the State Customs Service of Ukraine is implemented by officials of the State Customs Service directly, with the aim of consolidating the legal and organizational foundations of staffing of the State Customs Service. At this level, the following is carried out: 1) definition and implementation of the HR strategy with the personnel of the State Customs Service; 2) establishment of procedures and requirements for personnel procedures carried out in bodies and units of the State Customs Service of Ukraine; 3) improvement of staffing of the State Customs Service of Ukraine; 4) consolidation of the selection procedure for positions in bodies and divisions of the State Customs Service of Ukraine</p> <p>The last, the third level of personnel support of the State Customs Service of Ukraine, consists in the work of the territorial divisions of this department. This level includes: direct implementation of HR policy and Strategy; fulfillment of the requirements of the regulatory legal acts of the Head of the State Customs Service and other competent subjects of personnel support of this body; education and professional training of personnel; ensuring his service; realization by each of its representatives of their rights, freedoms and interests; control of the legality of activities of personnel units.</p> О.О. KOLOBYLINA Copyright (c) 2023 О.О. КОЛОБИЛІНА http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 217 225 10.32631/vca.2023.1.19 FOREIGN EXPERIENCE OF INTERACTION BETWEEN PRE-JUDICIAL INVESTIGATION BODIES AND POSSIBILITIES OF ITS USE IN UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/95 <p>It was noted that in the US pre-trial investigation system, the interaction of various bodies plays a key role in ensuring the effectiveness and success of judicial processes. A pretrial investigation may be initiated by the police who discover possible violations of the law, or by federal agencies that provide information about alleged crimes. For example, the Federal Bureau of Investigation (FBI) may receive information from the Alcohol, Tobacco, Firearms and Explosives Control Agency (ATF) about possible violations of the law. Investigative bodies actively exchange information, contributing to effective analysis and detection of facts of crimes. It is summarized that today in the leading countries of Europe and the world quite diverse approaches have been formed regarding the organization of the activities of pre-trial investigation bodies in general, and ensuring their joint activities, in particular.</p> V.I. KOLOMIETS Copyright (c) 2023 В.І. КОЛОМІЄЦЬ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 226 233 10.32631/vca.2023.1.20 OFFENCES AGAINST SECURITY ACTIVITIES: ANALYSIS OF OBJECTIVE ELEMENTS OF CRIMINAL OFFENCES AND SIGNS OF CORPUS DELICTI THAT CHARACTERISE THEM https://vca.univd.edu.ua/index.php/vca/article/view/96 <p>The scientific publication is devoted to the analysis of objective elements of the main (basic) criminal offences against security activities (Articles 197, 342, 343, 345, 347, 348, 367, 380, 381, 387, 396 of the Criminal Code of Ukraine) and the signs of corpus delicti which characterise them, taking into account the provisions of the current criminal legislation of Ukraine, as well as the existing doctrinal positions on this issue. It is noted that a systematic analysis of the objective elements of the main (basic) criminal offences against security activities (Articles 197, 342, 343, 345, 347, 348, 367, 380, 381, 387, 396 of the Criminal Code of Ukraine) as phenomena of real reality and the signs of corpus delicti which characterize them allows to identify the specifics of generic, specific and direct objects of corpus delicti of these criminal offences. For example, the specificity of the generic object of these criminal offences is that such a generic object is the sphere of security activities, within which the procedure for performing duties to protect property or life of citizens ensures the right to property, authority of public authorities, law enforcement agencies and associations of citizens, normal official activities in certain legal entities of public or private law, as well as the safety of life or property of persons during pre-trial investigation or administration of justice.</p> <p>The author proves that a specific feature of certain types of these criminal offences is their multi-objective nature. This cannot but affect the qualification, since depending on which direct objects contained in some of these criminal offences are encroached upon by a person, the assessment of the act may be carried out both by a set of criminal offences and by any single such criminal offence. In this regard, the analysis of corpus delicti that characterize the objects of some of these criminal offences is of great importance in law enforcement.</p> Y.М. NYTKA Copyright (c) 2023 Я.М. НИТКА http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 234 246 10.32631/vca.2023.1.21 THE SUBJECTIVE SIDE OF THE CRIMINAL OFFENCE UNDER ARTICLE 210 OF THE CRIMINAL CODE OF UKRAINE AND THE ELEMENTS OF CORPUS DELICTI WHICH CHARACTERISE IT: THEORETICAL AND APPLIED ASPECT https://vca.univd.edu.ua/index.php/vca/article/view/97 <p>Based on the analysis of doctrinal positions and modern case law, the author identifies, describes and explains the elements of corpus delicti which characterise the subjective side of misuse of budgetary funds, budget expenditures or provision of budgetary loans without the established budgetary allocations or with their excess. It is noted that the elements of corpus delicti which characterise the subjective side of a criminal offence under Parts 1 and 2 of Article 210 of the Criminal Code of Ukraine are characterised by the fact that guilt in the form of intent is a mandatory element of the basic and qualified elements of this criminal offence, and the motive and purpose are their optional elements. These features serve as a criterion by which it is necessary to distinguish the corpus delicti of the criminal offence under Part 1 and 2 of Article 210 of the CC of Ukraine from the features of corpus delicti characterising the subjective side of related criminal offences (Articles 364, 367 of the CC of Ukraine). It is established that when deciding on the issue of proving the accused's guilt in committing this criminal offence, special attention should be paid to the standard of proof beyond reasonable doubt, compliance with which will allow to conclude that the charged criminal offence was committed and the accused is guilty of its commission in the presence of intentional guilt in the form of both direct and indirect intent.</p> О.S. SEMENOVYKH Copyright (c) 2023 О.С. СЕМЕНОВИХ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 247 258 10.32631/vca.2023.1.22 THE FEATURES OF THE DETERMINATION OF THE CRIME OF AGGRESSION AGAINST UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/98 <p>The article is devoted to the characteristics of certain groups of determinants of planning, solving and waging an aggressive war. The following cultural and psychological determinants are highlighted, described and explained: modern Russian fascism as a complex cultural and psychological phenomenon, lack of historical reflection at the level of mass social practices, preservation of imperial commemoration, paternalism, practices of resentment; the state of social inadequacy as detachment of thinking from reality and activity; compulsion to preserve and deepen the utopian-ideological inadequacy with real dehumanization, widespread practices of depopulation, combined with collective polytrauma; feeding the defense consciousness of the population; the institutionalization of the redefinition of evil and the attack on Western civilization. Among the political factors, the usurpation of power, the lack of formation of civil society institutions, the lack of real electoral rights, real political opposition and de facto one-party system, the lack of free, independent media and mass communication, and censorship are highlighted and characterized.</p> V.V. SOKURENKO Copyright (c) 2023 В.В. СОКУРЕНКО http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 259 272 10.32631/vca.2023.1.23 THE ESSENCE OF SAFETY ON PUBLIC ROAD TRANSPORT AS AN OBJECT OF STATE SUPERVISION (CONTROL) https://vca.univd.edu.ua/index.php/vca/article/view/107 <p>The article emphasizes that the essence of safety on public road transport as an object of supervision (control) can be revealed by referring to the features of ensuring safety on public road transport, the latest socio-economic, urbanization realities and approaches to understanding transport; modernization of public transport, development of the street network taking into account the provision of its priorities, adaptation of urban space to the movement of vulnerable road users, taking into account the best experience of foreign countries and individual cities, focusing on positive changes in the environment through the use of environmentally friendly (and/or renewable) energy resources, the formation of a safety culture, as well as leadership in the field of safety, taking into account national security as an all-encompassing category, focusing on conducting educational events on road safety, using the latest tools for processing a large amount of available data with the help of intelligent systems.</p> М.М. HRYBAN Copyright (c) 2023 М.М. ГРИБАН http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 273 282 10.32631/vca.2023.1.24 CHARACTERISTICS OF ADMINISTRATIVE PROCEDURES FOR SUPERVISION AND CONTROL OF PROTECTION, PROTECTION, USE AND REPRODUCTION OF FORESTS IN UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/108 <p>Attention is focused on the fact that in the context of supervision and control over the protection, protection, use and reproduction of forests in Ukraine, the administrative procedure should be understood as the procedure laid down in legislation for the implementation of legally significant actions by authorized subjects and the adoption of relevant decisions regarding the verification and assessment of the conformity of the activities of controlled entities subjects to the requirements of current legislation in the field of protection and protection, use and reproduction of forests, as well as regarding the application to such subjects of certain response measures in case of need. The following types of administrative procedures in the supervision and control of protection, protection, use and reproduction of forests are distinguished: 1) control procedures at the stage of obtaining arbitrary documents; 2) interventional procedures, which have a purely control nature.</p> S.Y. KOLISNICHENKO Copyright (c) 2023 С.Ю. КОЛІСНІЧЕНКО http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 283 290 10.32631/vca.2023.1.25 PROSPECTIVE DIRECTIONS FOR IMPROVING THE PROVISION OF TERRITORIAL DEFENSE BY THE NATIONAL GUARD OF UKRAINE DURING THE LEGAL REGIME OF MARTIAL STATE https://vca.univd.edu.ua/index.php/vca/article/view/113 <p>It was established that in order to improve the organizational and management mechanism of the National Guard of Ukraine in the conditions of its implementation of territorial defense measures during martial law, it is necessary to: a) develop effective approaches to the decentralization of management in the system of the National Guard of Ukraine and ensure their practical implementation; b) the introduction of means and mechanisms for assessing the effectiveness of the provision of territorial defense by the NG of Ukraine during the period of martial law.<br>It was noted that in order for the assessment to be fair, objective and useful, it must meet the following conditions: first, be based on clearly defined principles such as: the rule of law, legality, impartiality, systematicity, scientific validity, etc.; secondly, to have a clear and transparent implementation procedure; thirdly, to have a set of appropriate criteria, the assessment of which will reflect the real state of affairs in the field of the researched support; and fourth, to cover all critical aspects of provisioning. That is, the assessment should not be limited to the formal characteristics of the already known qualities of the management of the subject of the specified provision.</p> A.V. MARTYNYUK Copyright (c) 2023 А.В. МАРТИНЮК http://creativecommons.org/licenses/by/4.0 2022-07-29 2022-07-29 28 1 290 297 10.32631/vca.2023.1.26 PROSPECTIVE DIRECTIONS FOR IMPROVING ADMINISTRATIVE LEGISLATION REGULATING INTERACTION BETWEEN LOCAL STATE ADMINISTRATIONS AND LOCAL GOVERNMENT BODIES https://vca.univd.edu.ua/index.php/vca/article/view/114 <p>Attention is focused on the fact that the presence of gaps in administrative legislation, the norms of which regulate the interaction of local state administrations and local self-government bodies, is an objectively determined phenomenon<br>The need to revise the "State Regional Development Strategy for 2021-2027" currently in effect has been proven. The key steps to be taken in this direction are outlined.<br>It is substantiated that adopting the concept of interaction between local state administrations and other state authorities means developing basic, fundamental ideas on which this joint activity will be based, formulating its priorities and development prospects. The factors that should be taken into account in the "Concept of improving the interaction of local state administrations with higher state authorities and local self-government bodies" are outlined</p> V.K. ZINKEVYCH, Copyright (c) 2023 В.К. ЗІНКЕВИЧ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 298 304 10.32631/vca.2023.1.27 TO THE ISSUE OF REGULATORY AND LEGAL CONSOLIDATION OF ADMINISTRATIVE AND LEGAL INSTRUMENTS OF PREVENTIVE ACTIVITIES OF THE NATIONAL POLICE OF UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/115 <p>The article is devoted to the study of the regulatory and legal consolidation of the administrative and legal instruments of preventive activities of the National Police of Ukraine. It was emphasized that the application of administrative and legal tools for the preventive activities of the National Police, firstly, should be in clear compliance with the generally recognized international and European standards of police activity, and secondly, the basic basis for the implementation of the arsenal of relevant administrative and legal tools, with the help of which the implementation is achieved tasks defined for the National Police of Ukraine regarding the implementation of preventive activities should be an integral mutually agreed normative legal framework, which defines the types and regulates their implementation.<br>It is substantiated that the normative-legal acts that establish the administrative-legal instruments of preventive activities of the National Police constitute a system complex of interconnected elements combined into a certain structural unity, which can be organized according to various characteristics and parameters that determine the types and regulate the procedures , the grounds and features of the application of administrative and legal instruments, which are used to achieve the tasks set before the National Police of Ukraine regarding the implementation of preventive activities aimed at preventing violations of the population’s daily life and ensuring the optimal functioning of a safe environment.<br>It was concluded that the «integration» of prevention as a legal phenomenon in all the tasks assigned to the National Police of Ukraine testifies to the wide range and complex structure of the system of normative and legal acts that establish and define the administrative and legal instruments of the National Police’s preventive activities, which, in turn, , requires a systematic approach using the classification distribution of the relevant regulatory and legal acts.<br>On the basis of the generalization of theoretical and legal approaches to the classification of regulatory and legal acts, the author’s vision was formed regarding the criteria for the systematization of regulatory and legal acts, which determine the administrative and legal instruments of preventive activities of the National Police.</p> V.M. SHEVCHENKO Copyright (c) 2023 В.М. ШЕВЧЕНКО http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 305 315 10.32631/vca.2023.1.28 THE INFLUENCE OF MARTIAL STATUS ON THE LAW ENFORCEMENT PRACTICE OF INVESTIGATING MILITARY CRIMES https://vca.univd.edu.ua/index.php/vca/article/view/170 <p>In the article it has been emphasized that military crimes are characterized <br>by increased public danger, especially in the conditions of armed aggression <br>against Ukraine and active hostilities on its territory. It has been emphasized that <br>law enforcement practice plays a significant role in the development of an unified <br>approach to the application of the norms of criminal material and procedural law, <br>especially during the investigation of criminal offenses under the conditions of the <br>legal regime of martial law. It has been established that clarifying the state of law <br>enforcement practice in the investigation of military crimes is an important <br>component of the theoretical foundations of the study of these criminal offenses. <br>It has been emphasized that law enforcement practice, including the investigation <br>of military crimes, is a “mirror” that reflects the reliability and effectiveness of <br>substantive and procedural law. It has been substantiated that the law <br>enforcement practice of investigating military crimes reflects the level of: <br>regulatory regulation of criminal procedural activity; investigation organization; <br>scientific, methodical and resource support; effectiveness of the investigation <br>process of the defined category of criminal offenses. It has been established that <br>the introduction and operation of the legal regime, as well as the grounds for such <br>a decision, directly affect the structure of military crimes, as well as the <br>procedural and forensic aspects of the investigation of such criminal offenses. It <br>has been found that the law enforcement practice of investigating military crimes <br>changed under the influence of many factors: changes in the order of initiation of <br>pre-trial investigation in connection with the adoption in 2012 of the new Code of <br>Criminal Procedure of Ukraine; introduction of the institutions “criminal offense” <br>and “criminal misdemeanor”; changes in the system of law enforcement agencies <br>authorized to detect and carry out pre-trial investigation of war crimes; changes <br>in the regulation of the defense sphere in general and the order of military service <br>in particular; the structure and dynamics of military crime; presence and nature <br>of the armed conflict on the territory of Ukraine; etc.</p> H.Y. BERSHOV Copyright (c) 2024 Г.Є. БЕРШОВ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 316 324 10.32631/vca.2023.1.29 REPRESENTATION OF STATE INTERESTS BY THE PROSECUTOR IN COURT: IDENTIFICATION OF REGULATORY FEATURES https://vca.univd.edu.ua/index.php/vca/article/view/171 <p>The judicial representation by the prosecutor has been found to <br>differentiate into two types, each with its own specificity regarding the formation <br>of procedural relations, where, according to established rules, the prosecutor <br>should acquire the status of a party to the judicial process. Thus, the formulation <br>of constitutional norms regarding the powers of the prosecution to "represent the <br>interests of the state in court" should be considered in an expanded <br>interpretation. <br>The category of "state interests" is defined as the objective needs and values <br>of the state based on public needs and is relevant to these needs from a legal point <br>of view. <br>It has been found that ensuring the constitutional function of state <br>representation by the prosecution in court is defined as an effective form of <br>protecting the legitimate interests of the country. However, its implementation <br>requires further normative provision and clarification, especially in the context of <br>protecting the interests of the state during a state of war, which not only limits the <br>rights of citizens but also creates additional challenges for ensuring national <br>interests. Additionally, this period vividly demonstrates the arbitrariness of <br>actions by certain subjects of governmental authority, who use the crisis situation <br>to neglect their duties or even engage in unlawful enrichment. In this context, <br>prosecutorial authorities must be prepared for all challenges with a sufficient <br>arsenal of available methods to prevent abuses and ensure the real protection of <br>the interests of the state and its citizens. It is clarified that government authorities, including their political <br>representatives, and other stakeholders recognize the importance of this issue <br>and actively work on the strategy for Ukraine’s recovery. During the final <br>decision-making process, it is crucial that they ensure effective representation of <br>the state’s interests in court during a state of war and in other complex situations.</p> O.O. ILIENKOV Copyright (c) 2023 О.О. ІЛЬЄНКОВ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 325 336 10.32631/vca.2023.1.30 CONTROL OF KNOWLEDGE ON THE PROTECTION OF STATE SECRETS IN THE STATE CRIMINAL EXECUTIVE SERVICE OF UKRAINE: TODAY'S ISSUE https://vca.univd.edu.ua/index.php/vca/article/view/172 <p>The article examines the peculiarities of the control of knowledge on the <br>protection of state secrets in the State Criminal Enforcement Service of Ukraine, <br>while paying attention to both the typical features of the appropriate control and <br>the features characteristic primarily of the State Security Service of Ukraine. <br>Based on the processed data, the following definition of the concept of "control of <br>knowledge on the protection of state secrets" is proposed: this is a task provided <br>for by the current legislation, which is carried out by the relevant subjects of <br>ensuring the secrecy regime within the limits of their powers, the purpose of <br>which is to ensure and maintain a sufficient level of awareness and training <br>employees, which are necessary for the proper performance by such employees of <br>their duties for the protection of state secrets. Control of knowledge is a <br>component of a single set of measures in which it (control) is organically andinextricably combined with the educational and informational activities of control <br>enforcement subjects.</p> D.E. DENISCHUK Copyright (c) 2023 Д.Є. ДЕНИЩУК http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 337 346 10.32631/vca.2023.1.31 THE CONCEPT AND MEANING OF MATERIAL AND FINANCIAL SECURITY OF THE ACTIVITIES OF THE TERRITORIAL OFFICES OF THE STATE BUREAU OF INVESTIGATIONS https://vca.univd.edu.ua/index.php/vca/article/view/198 <p>It is argued that material and financial support can be considered in two <br>aspects - as a process and as a set of forms, methods and means. It is noted that, in <br>general, both approaches do not contradict or exclude each other, but only reflect <br>different sides of the researched provision. <br>It is substantiated that the material and financial support of the activities of <br>the territorial administrations of the DBR should be considered as the activity of <br>competent subjects regulated by legal norms regarding the implementation of a <br>complex of decisions and measures to search for sources, the formation of funds, <br>the rational distribution and use of material (i.e. material) means and money for <br>the purpose creation of favorable conditions for efficient, high-quality and <br>impartial performance by the territorial administrations of the SBI of tasks, <br>functions and powers assigned to them. <br>It has been proven that the material and financial support of the territorial <br>administrations of the DBR should include: 1) material and technical resources, <br>which include: a) buildings and premises (office, residential, educational, health <br>care, technical, etc.); b) transport and means necessary for its normal operation; <br>c) furniture and stationery; d) computer equipment and office equipment; e) <br>special equipment and facilities; e) weapons; f) means of encouraging and <br>motivating personnel; 2) financial resources: a) funds for purchasing and paying <br>for maintenance of material means; b) funds for payment and labor incentives of <br>the staff of the territorial offices of the SBI; c) funds for the purchase of <br>information, computer and other technologies; d) funds for training and</p> R.I. BOGDANOV Copyright (c) 2023 Р.І. БОГДАНОВ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 347 354 10.32631/vca.2023.1.32 THE IMPORTANCE OF MUTUAL RELATIONS BETWEEN DIFFERENT PARTS OF LAW ENFORCEMENT AGENCIES OF UKRAINE DURING THE INVESTIGATION OF HOOLIGANISM: SCIENTIFIC DEBATES https://vca.univd.edu.ua/index.php/vca/article/view/205 <p>The article is devoted to consideration of some aspects of hooliganism <br>investigation. The essence of the interaction of individual units of law enforcement agencies during the investigation of hooliganism is investigated. <br>It is noted that law enforcement officers implement various categories of <br>criminal proceedings. One of the aspects of the mentioned activity is interaction <br>between individual units of both the National Police and other law enforcement <br>agencies (prosecutor's office, Security Service of Ukraine). Determining the <br>essence of the specified forensic category was the subject of research by many <br>forensic scientists and proceduralists. Most of them included the interaction of <br>law enforcement units as part of the methodology for investigating criminal <br>offenses. <br>The concept of interaction as regulated by agreed normative legal acts <br>within the competence of cooperation of individual units of law enforcement <br>agencies with the aim of solving specific tasks of criminal proceedings as quickly <br>and efficiently as possible is formulated. <br>Objective and subjective factors have been identified that affect the <br>interaction of individual units in specific cases, such as: the illegal act was <br>committed in the absence of eyewitnesses in the conditions of a certain place and <br>time; destruction or damage of individual traces and evidence by interested <br>persons; untimely departure to the scene; insufficient use of technical and <br>forensic means when conducting investigative (search) actions, covert <br>investigative (search) actions and other measures; insufficient application of <br>special knowledge in the process of criminal proceedings; unsatisfactory <br>implementation of investigative measures to identify and detain an offender "on <br>hot pursuit". The specified factors explain the shortcomings in the organization of <br>the interaction of law enforcement officers.&nbsp;</p> M.V. LEPEI Copyright (c) 2023 М.В. ЛЕПЕЙ http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 355 363 10.32631/vca.2023.1.33 AREAS OF PROVISION OF TERRITORIAL DEFENSE BY LOCAL STATE ADMINISTRATIONS IN UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/206 <p>The article emphasizes that the provision of territorial defense by local state <br>administrations in Ukraine should be manifested in the directions implemented in <br>accordance with the administrative and legal status of the latter, structured, <br>regulated at the regulatory, legal and organizational and management level, which <br>indicate in their totality and interdependence spheres of implementation of <br>relevant powers of local state administrations in the context of ensuring <br>territorial defense in Ukraine. The powers of the authorized subjects are at the <br>basis of the directions of provision of territorial defense by local state <br>administrations in Ukraine, forming their ideological, moral and ethical, <br>organizational and coordination basis. <br>The following areas of provision of territorial defense by local state <br>administrations in Ukraine are singled out, such as coordination, which is <br>manifested in the fact that it is local state administrations that are responsible for <br>the implementation of state programs at the local level in the field of ensuring <br>public safety and order, civil protection, functioning of critical infrastructure, <br>uninterrupted operation of the agro-industrial complex, transport and <br>communication; ideological, educational and educational direction, which boils down to the preparation of citizens of Ukraine for national resistance, covering <br>the moral-ethical, social-psychological, historical foundations of such preparation; <br>establishment of restrictions at the local level due to compliance with the <br>interests of national security and defense of Ukraine, as well as control over their <br>implementation; financial and economic direction; international direction; anti-<br>corruption direction of territorial defense provision; the direction of restoration <br>of civil infrastructure, cultural, educational, scientific activity of the population, as <br>well as business activity of enterprises.&nbsp;</p> T.I. OLEKSYUK Copyright (c) 2023 Т.І. ОЛЕКСЮК http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 364 373 10.32631/vca.2023.1.34 TO THE PROBLEM OF DEFINING THE CONCEPT AND DEFINING THE MEANING OF SECURITY IN THE SPHERE OF BANKING ACTIVITIES https://vca.univd.edu.ua/index.php/vca/article/view/224 <p>Attention is focused on the fact that the essence of security lies in the <br>characteristic of protection, stability, inviolability, inviolability of something or <br>someone. This is the zero point of reality where there are no factors or factors <br>that have a negative impact, or can potentially have it. At the same time, security <br>is a context-sensitive category, the final meaning of which depends on the field in <br>which it is used. <br>It was found that ensuring security in banking is a set of organizational, <br>technical, legal and managerial measures aimed at protecting banking institutions, <br>their assets, customers and financial operations from internal and external <br>threats, such as fraud, cybercrimes, financial abuse, money laundering, as well as <br>risks associated with economic instability. <br>The importance of ensuring security in the researched area is that it creates <br>conditions for the stable and reliable operation of the banking system, which is <br>the basis for maintaining the trust of citizens, investors and businesses in financial <br>institutions. An effective security system allows you to minimize financial risks, <br>prevent cyber security threats, protect confidential customer data and ensure</p> <p>banks' resilience to external and internal threats and challenges.</p> I.S. NAUMENKO Copyright (c) 2023 І.С. НАУМЕНКО http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 374 382 10.32631/vca.2023.1.35 THE ESSENCE AND PECULIARITIES OF THE ELECTRIC POWER INDUSTRY AS AN OBJECT OF ADMINISTRATIVE AND LEGAL INFLUENCE https://vca.univd.edu.ua/index.php/vca/article/view/225 <p>The article emphasizes that the electric power industry as an object of <br>administrative and legal influence is considered in the domestic administrative <br>and legal doctrine through the prism of electronic governance. <br>It was determined that the essence of the electric power industry as an object of administrative and legal influence is reduced to social relations of <br>storage, aggregation, transmission, distribution, purchase and sale, transfer, use, <br>measurement and savings, including in the framework of international <br>cooperation, electricity, as well as solving a number of problems in the field of <br>public administration, related to the formation of a culture of energy saving <br>among public servants and the entire population of Ukraine, the development of <br>energy management, energy efficiency and environmental friendliness in the <br>domestic electric power industry. <br>It is noted that in view of the proposed understanding of the essence of the <br>electric power industry as an object of administrative and legal influence, it is <br>appropriate to start the consideration of the relevant features of the latter with <br>the close interdependence of the domestic electric power industry with the <br>formation of the culture of energy conservation among the population. The <br>phenomenon of culture is extremely multifaceted, embodied at the level of <br>administrative and legal doctrine in traditional culture, corporate culture and the <br>culture of administrative values. <br>It is emphasized that another feature of the electric power industry as an <br>object of administrative and legal influence is adaptability and openness to <br>innovations, which are manifested both at the level of behavior of electricity <br>consumers and at the level of public management in the field of electric power. <br>Under administrative innovations in the context of the study, not only changes in <br>rules and structures are defined, but also a complex, multifaceted, essential <br>rethinking based on domestic and foreign doctrine, the experience of the world's <br>leading states of tasks and functions, subject matter and boundaries, a system of <br>subjects, administrative tools and other important aspects of public management <br>in the field of electricity. <br>Other features of the electric power industry as an object of administrative <br>and legal influence include the need to measure, model and forecast electricity <br>consumption and the fact that energy management is the organizational and <br>management basis of administrative and legal influence.&nbsp;</p> Y.Y. TOLCHININA-BURUNSKA Copyright (c) 2023 Ю.Ю. ТОЛЧІНІНА-БУРУНСЬКА http://creativecommons.org/licenses/by/4.0 2023-07-29 2023-07-29 28 1 383 392 10.32631/vca.2023.1.36 IMPLEMENTATION OF INTERNATIONAL STANDARDS FOR ENSURING THE RIGHT TO NON-INTERFERENCE IN THE PRIVATE LIFE OF A PERSON IN CRIMINAL PROCEDURE https://vca.univd.edu.ua/index.php/vca/article/view/279 <p>The article is devoted to the topical issues of implementing international <br>standards for ensuring the right to privacy in the private life of a person in <br>criminal proceedings. The author identifies the historical background for the <br>formation of the right to privacy, its essence and significance are determined. It is <br>established that the heyday of the introduction of international standards of the <br>right to privacy life of a person occurred in the period after the Second World War <br>in 1945, when there was an urgent need for effective protection of human rights <br>arose. The article analyzes international legal documents that first enshrined <br>international standards for ensuring human rights in general and the right to <br>privacy in particular, in particular. The author outlines national legal acts that <br>define the principles of non-interference in a person's private life. It is determined <br>that the basis of national legislation in the field of human rights protection is <br>based on international legal standards for the promotion and protection of human <br>rights, in particular, those set out in the European Convention. The author <br>emphasizes the importance of the principle of non-interference with the private <br>life of a person during criminal proceedings is emphasized. The essence of the of <br>the legal regulation of international standards of non-interference with theprivate life of a person is determined. It is concluded that the study of <br>international standards of human rights are the key to a clear implementation of <br>the latter in national legislation and practice of its application.</p> S.V. NAKONECHNY Copyright (c) 2024 С.В. НАКОНЕЧНИЙ http://creativecommons.org/licenses/by/4.0 2023-06-25 2023-06-25 28 1 393 404 10.32631/vca.2023.1.37 SUBJECTS OF INTERACTION DURING THE INVESTIGATION OF WAR CRIMES https://vca.univd.edu.ua/index.php/vca/article/view/280 <p>In this article, it has been emphasized that interaction during the <br>investigation of war crimes is a form of organizing coordinated joint activities <br>between various entities aimed at solving a common goal in order to optimize the <br>process of pre-trial investigation of the specified type of criminal offenses. It has <br>been established that the main features that determine the specificity of <br>interaction are: regulation at the regulatory and legal level; joint nature of actions; <br>consistency; purposefulness; variety of implementation forms; subject <br>composition. It has been separately stated that the indicated signs of interaction <br>can be specified depending on its type. It has been emphasized that one of the <br>distinguishing features of this type of interaction is its subject composition. It has <br>been found that interaction during the investigation of war crimes is mainly <br>organized and implemented: between pre-trial investigation bodies of different <br>departments (for example, investigators of the National Police and the Security <br>Service of Ukraine); between pretrial investigation bodies and other units of law <br>enforcement agencies (usually, between employees of investigative and operative <br>units); between pre-trial investigation bodies and other law enforcement bodies, <br>including foreign ones; between pretrial investigation bodies and knowledgeable <br>persons (specialists, experts); between pretrial investigation bodies and the <br>Armed Forces of Ukraine; between pretrial investigation bodies and international <br>organizations, institutions; between pretrial investigation bodies and the public; <br>between pretrial investigation bodies and mass media.</p> O.O. PRIADKO Copyright (c) 2023 О.О. ПРЯДКО http://creativecommons.org/licenses/by/4.0 2023-06-06 2023-06-06 28 1 405 413 10.32631/vca.2023.1.38 PROCEDURAL STATUS OF THE DEFENDER IN CRIMINAL PROCEEDINGS https://vca.univd.edu.ua/index.php/vca/article/view/281 <p>In this article, it has been emphasized that the participation of a defense <br>attorney in criminal proceedings to provide protection is one of the components <br>of such an international legal standard as the right to defend oneself personally or <br>to use the legal assistance of a defense attorney chosen by him at his own <br>discretion. It has been substantiated that an integral component of ensuring the <br>right to defense in criminal proceedings is the use of professional legal assistance <br>of a defense attorney. It has been proven that the procedural status of a defense <br>attorney is defined by the criminal procedural legislation as the activity of a <br>lawyer to provide legal assistance to a suspect, a person in respect of whom <br>sufficient evidence has been collected to report a suspicion of committing a <br>criminal offense, but the suspicion in connection with her death has not been <br>reported to the accused, convicted, acquitted, a person in respect of whom the <br>application of coercive measures of a medical or educational nature is envisaged <br>or the issue of their application has been decided, as well as a person in respect of <br>whom the issue of extradition to a foreign state (extradition) is envisaged to be <br>considered for the purpose of protecting his rights, freedoms and legitimate <br>interests in criminal proceedings. The main content elements of the procedural <br>status of the defender have been highlighted and characterized: tasks and <br>functions of the defender in criminal proceedings; his rights, duties and <br>responsibilities; guarantees of the activity of the defender.</p> O.S. SHADRIN Copyright (c) 2023 О.С. ШАДРІН http://creativecommons.org/licenses/by/4.0 2023-06-20 2023-06-20 28 1 414 423 10.32631/vca.2023.1.39 AUTHORITY OF THE PROSECUTOR DURING INVESTIGATION https://vca.univd.edu.ua/index.php/vca/article/view/282 <p>The powers of the prosecutor during the investigation were investigated <br>due to their connection with his functional purpose. It is suggested that the main <br>functions of the prosecutor in the criminal process as a whole and during the <br>investigation include the following: public prosecution, procedural management <br>and pre-trial investigation. Depending on the functional orientation, it is proposed <br>to distinguish the following powers: 1) aimed at implementing the function of <br>public prosecution; 2) those aimed at implementing the function of procedural <br>management; and 3) aimed at implementing the pre-trial investigation function. It <br>is also proposed to classify the powers of the prosecutor depending on the stage <br>of inquiry into: 1) powers at the initial stage of inquiry; 2) authority at the stage of <br>notifying a person of suspicion and selecting a preventive measure for a person; <br>and 3) authority at the stage of completion of inquiry. <br>It was determined that the powers of the prosecutor differ depending on <br>the nature of his activity, which can be: 1) directed to the collection of evidence <br>during the investigation (independently conducting procedural actions or giving <br>orders to the investigator, operatives to carry them out, or the powers aimed at <br>carrying out organizational tasks from coordination of inquiry). <br>It is also proposed to classify the powers of the prosecutor during the <br>inquiry according to their legal enshrinement: a) those defined in the Constitution <br>of Ukraine; b) those specified in the Code of Criminal Procedure of Ukraine; c) <br>those defined in the Law of Ukraine "On the Prosecutor's Office" and other laws of <br>Ukraine, and d) those defined in secondary regulatory legal acts. <br>The need to supplement Art. 36 of the Criminal Procedure Code of Ukraine <br>by the provision on the prosecutor's exercise of powers to supervise compliance <br>with the law when applying coercive measures related to the restriction of the <br>personal freedom of citizens during inquiries and criminal proceedings in general.</p> K.V. SHCHERBAK Copyright (c) 2023 К.В. ЩЕРБАК http://creativecommons.org/licenses/by/4.0 2023-06-20 2023-06-20 28 1 424 434 10.32631/vca.2023.1.40 ДОКТРИНАЛЬНІ ПІДХОДИ ДО РОЗУМІННЯ ПУБЛІЧНОСТІ ЯК ЗАСАДИ КРИМІНАЛЬНОГО ПРОЦЕСУ https://vca.univd.edu.ua/index.php/vca/article/view/289 <p>The relevance of this article is in the fact that current trends in the process <br>of democratization and humanization of criminal proceedings require a different <br>rethinking of the essence of the basic categories of criminal procedure, including <br>the principles of criminal proceedings. Consideration of the scientific approaches <br>to the interpretation of publicity of criminal procedure allowed the author to form <br>his own point of view on its understanding. It is determined that the scope of the <br>publicity of criminal proceedings should extend to all participants to criminal <br>proceedings, in particular, regardless of their affiliation with public authorities <br>and officials.</p> V.V. MOROZENKO Copyright (c) 2023 В.В. МОРОЗЕНКО http://creativecommons.org/licenses/by/4.0 2023-06-01 2023-06-01 28 1 435 443 10.32631/vca.2023.1.41 CONCEPTS AND TYPES OF ADMINISTRATIVE SERVICES IN THE FIELD OF ENTREPRENEURIAL ACTIVITY https://vca.univd.edu.ua/index.php/vca/article/view/290 <p>The article determines that administrative services in the field of <br>entrepreneurial activity are aimed at providing socially significant benefits <br>necessary for successful business in Ukraine, as well as preventing the transition <br>of entrepreneurs to the "shadow" sector of the economy. By building a system of <br>providing administrative services to the population, the state thereby ensures <br>transparency, accountability, and effective control over the entire array of <br>complex and multi-stage management processes, making it impossible for corrupt <br>practices and organized crime to penetrate them.</p> O.V. BALDUKHA Copyright (c) 2023 О.В. БАЛДУХА http://creativecommons.org/licenses/by/4.0 2023-05-06 2023-05-06 28 1 444 451 10.32631/vca.2023.1.42 FEATURES OF JUSTICE AS AN OBJECT OF ADMINISTRATIVE-LEGAL REGULATION AND ENSURING LEGALITY https://vca.univd.edu.ua/index.php/vca/article/view/402 <p>The article, based on the analysis of the scientific views of scientists, reveals <br>general theoretical approaches to the interpretation of the concept of <br>"administrative-legal regulation". The author's vision is proposed regarding the <br>list of characteristic features of justice as an object of administrative-legal <br>regulation and ensuring legality. <br>It is argued that administrative-legal regulation of justice, through the prism <br>of legality, is a purposeful activity of authorized entities to ensure the work of <br>courts in accordance with the requirements of current procedural legislation (criminal, civil, administrative) to establish the rule of law, based on an objective <br>and comprehensive analysis of factual circumstances and making reasoned <br>decisions, relying on the hierarchical system of regulatory legal acts existing in the <br>state. <br>It is generalized that as an object of administrative and legal regulation, <br>justice has the following features: 1) the presence of a special legal status and <br>guarantees of activity for the subjects of justice administration, judges; 2) the <br>delimitation of the powers of courts regarding the consideration of cases, that is, <br>the presence of jurisdiction over cases; 3) impartial and fair decision-making <br>based on the provisions of the Constitution of Ukraine and other legislative and <br>subordinate legislation; 4) the binding nature of the adopted court decisions for <br>execution by all subjects regardless of their origin (public or private subjects), <br>forms of ownership, etc. Therefore, ensuring legality is an important goal and at <br>the same time one of the necessary features of justice.&nbsp;</p> I.M. POPOVICH Copyright (c) 2023 І.М. ПОПОВИЧ http://creativecommons.org/licenses/by/4.0 2023-05-06 2023-05-06 28 1 452 460 10.32631/vca.2023.1.43 BASIC PRINCIPLES OF ADMINISTRATIVE AND LEGAL REGULATION OF ENTREPRENEURIAL ACTIVITIES IN THE SPHERE OF AGRICULTURE https://vca.univd.edu.ua/index.php/vca/article/view/403 <p>In the work, the author emphasizes the priority importance of agriculture as <br>a branch of the economy for the state. In the author's opinion, the following main <br>features of this branch can be distinguished: 1) socially useful activity that <br>ensures social food security for the population of our state and part of the <br>population of other states; 2) the dependence of such activity on natural and <br>climatic conditions, and recently in Ukraine on the security and economic <br>situation; 3) seasonality of this type of activity; 4) the main means of production <br>are agricultural lands; 5) it is carried out with the aim of making a profit by <br>business entities; 6) a significant role of administrative and legal regulation of this <br>activity, a high degree of dependence on state policy, a significant need for state <br>support for business entities engaged in agricultural activity; 7) the main (but not <br>the only) purpose of this activity is the production of agricultural products. It is <br>stated that given that agriculture ensures the food security of our country and is <br>one of the main sectors of the economy, the role of the state and, in particular, the <br>administrative and legal regulation of entrepreneurial activity in agriculture <br>should be significant. An important role in the implementation of administrative <br>and legal regulation is played by the fundamental ideas, according to which the <br>content of this activity is revealed. Such principles are established at the level of <br>current legislation and the doctrine of agrarian and administrative law. At the <br>same time, the author believes that the following principles are relevant today: <br>the priority of agriculture among the sectors of the economy, the direction of <br>targeted financial assistance and the attraction of international investments, the <br>restoration of a safe physical and ecological state of lands, compliance with high <br>standards in the field of quality and safety of agricultural products, public <br>participation in the formation of state policy, the focus on environmental <br>protection, accountability of state authorities and control over their activities, as <br>well as international cooperation and European integration.</p> H.P. MAROSCHAK Copyright (c) 2023 Г.П. МАРОЩАК http://creativecommons.org/licenses/by/4.0 2023-05-06 2023-05-06 28 1 461 468 10.32631/vca.2023.1.44