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> uk-UA [email protected] (Yurii Orlov) [email protected] (Olexandr) Sun, 22 Oct 2023 00:00:00 +0300 OJS 3.3.0.7 http://blogs.law.harvard.edu/tech/rss 60 CRIMINOLOGY OF WAR: CONTENT AND CONCEPTUAL BASIS OF FORMATION https://vca.univd.edu.ua/index.php/vca/article/view/52 <p>The article is devoted to the development of a scientific understanding of the criminology of war as an integrative direction of criminological research and the practice of combating crime based on it. It aims at the epistemological specification and applied institutionalization of relevant intellectual and direct criminal preventive practices in order to reduce the frequency of reproduction of armed conflicts and the intensity of violations of fundamental human rights. occurring in their context. The author's vision of the subject of criminology of war was formed, according to which 10 basic components were distinguished: war as a social-political, collective-psychological phenomenon; criminological phenomenology of war (criminal war and war crimes); determination of war crimes; the identity of the criminal; mechanism of individual criminal behavior; victims of war (criminological victimology of war); criminological phenomenology and determination of war-related criminal offenses; combating war crimes and war-related criminal offences; criminological provision of transitional justice; criminological phenomenology, determination and counteraction to global criminal and criminogenic effects of armed conflict. A description and explanation of each of them is provided.</p> V.V. SOKURENKO Copyright (c) 2023 V.V. SOKURENKO http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/52 Sun, 22 Oct 2023 00:00:00 +0300 CRIMINAL LIABILITY FOR VARIOUS MANIFESTATIONS OF COLLABORATIONISM: PROBLEMS OF LAW ENFORCEMENT https://vca.univd.edu.ua/index.php/vca/article/view/53 <p>The article discusses the novelties of criminal legislation regarding the state-power response to various manifestations of collaboration. The issues of differentiation of criminal law norms that determine criminal liability for collaborative activities in the informational, organizational, economic, service, military and other spheres, provided for by Art. 111-1 of the Criminal Code of Ukraine, with the already existing provisions on liability for high treason (Article 111 of the Criminal Code of Ukraine), aiding and abetting the aggressor state (Article 111-2), justification, recognition as legitimate, denial of the armed aggression of the Russian Federation against Ukraine, glorification of its participants (Article 436-2 of the Criminal Code of Ukraine). Particular attention is paid to the discrepancy between the sanctions of Part 1 and Part 2 of Art. 111-1 of the Criminal Code of Ukraine, the basic principles of penalization and the principles of sentencing in criminal law. Variants of elimination of contradictions arising in the process of qualification of the mentioned unlawful encroachments and individualization of means of criminal law nature for individual cases of their commission are proposed.</p> A.M. YASHENKO, V.V. PAVLYKIVSKYI Copyright (c) 2023 A.M. ЯЩЕНКО, В.В. ПАВЛИКІВСЬКИЙ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/53 Sun, 22 Oct 2023 00:00:00 +0300 FEATURES OF THE DETERMINATION OF MILITARY CRIMINAL OFFENSES https://vca.univd.edu.ua/index.php/vca/article/view/54 <p>The article examines the problems of crime in the military environment, factors that contribute to the emergence of military criminal offenses, issues of prevention and the impact of such offenses on the public and trust in the Armed Forces of Ukraine. Military crimes are the serious threat to security and discipline in the military environment, and undermine confidence in military forces. The study of this topic is aimed at understanding the problem, identifying the features of the military environment that contribute to the emergence of criminal activity, developing effective strategies for crime prevention, and increasing trust in the military. It is argued that the criminality of military personnel should be included in the subject of war criminology research.</p> O.O. AVDIEIEV, O.S. HORASH Copyright (c) 2023 O.O. АВДЄЄВ, О.С. ГОРАШ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/54 Sun, 22 Oct 2023 00:00:00 +0300 ENSURING RECOGNITION OF DIGNITY IN THE SYSTEM OF COMBATING CRIMINAL RADICALISM AMONG CONVICTS https://vca.univd.edu.ua/index.php/vca/article/view/55 <p>The article is devoted to a scientific analysis of the legally determined dependencies of the state of ensuring respect for the dignity of convicts and manifestations of criminal radicalism on their part. It has been established that dignity is a fundamental moral and legal category that determines the key supporting, meaningful points of the entire metaconstruct of modern secular legal understanding of any type. Inequality in ensuring proper legal mechanisms, guarantees of recognition of dignity for different categories of citizens is a significant factor of discrimination and a factor of radicalization of the environment of convicts. The state is obliged to guarantee all convicts, regardless of the type of prison, the possibility of exercising the right to respect for their dignity in terms of short-term travel outside the penal colony due to exceptional circumstances. The opinion is advocated that the introduction of changes and additions to Part 1 of Art. 111 of the CEC of Ukraine should correspond to the introduction of a legal mechanism for individual criminological prediction of the behavior of those sentenced to life imprisonment, other convicts serving their sentences in correctional colonies of the maximum security level.</p> Y.V. ORLOV, E.H. BARASH Copyright (c) 2023 Ю.В. ОРЛОВ, Є.Х. БАРАШ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/55 Sun, 22 Oct 2023 00:00:00 +0300 DOCTRINE MODEL OF CRIMINOLOGY STRATEGY ENSURING ROAD TRAFFIC SAFETY IN UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/56 <p>The article is devoted to the development of a doctrinal model of a criminological strategy for ensuring traffic safety and transport operation. Three main components of such a model are identified, described and explained: value-orienting, structural-functional and support component. The strategic goals, main directions and key measures of criminological security of traffic and operation of transport are described. Their list and configuration are open, can and should be supplemented in order to achieve the goal of effective countermeasures against criminal offenses against traffic safety and transport operation. The connection of this process with the implementation of the tasks of transitional justice in Ukraine is emphasized.</p> Y.B. DANYLCHENKO Copyright (c) 2023 Ю.Б. ДАНИЛЬЧЕНКО http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/56 Sun, 22 Oct 2023 00:00:00 +0300 FEATURES OF THE DETERMINATION OF ECONOMIC CRIME IN MODERN CONDITIONS https://vca.univd.edu.ua/index.php/vca/article/view/57 <p>In the article, based on the analysis of scientific views of scientists, the author's definition of the concept of "economic crime" is proposed. The causes and conditions that determine the occurrence of economic crime in Ukraine are singled out. It was established that economic crime is a socially dangerous phenomenon that affects not only the economic and financial state of the state and society, but also the social and political development of the country as a whole.</p> R.V. KOBKO, S.V. LUKIANENKO Copyright (c) 2023 Р.В. КОБКО, С.В. ЛУК’ЯНЕНКО http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/57 Sun, 22 Oct 2023 00:00:00 +0300 INFLUENCE OF ROAD INFRASTRUCTURE ON THE STATE OF ROAD TRAFFIC SAFETY https://vca.univd.edu.ua/index.php/vca/article/view/58 <p>The article attempts to determine the role of road infrastructure in ensuring road safety and transport operation, as well as to establish the correlation between the quality of roads, the amount of their funding and the level of road safety on the example of EU countries, other states and Ukraine. The author’s understanding of road infrastructure is provided. Based on the empirical basis, the volume of investments in road infrastructure in foreign countries and Ukraine is compared. The unsatisfactory quality of roads in our country is explained. Modern progressive practice abroad regarding the construction and repair of roads is presented. The essence of the Vision Zero strategy and the directions of its implementation in Ukraine are revealed.</p> M.G. KOLODYAZHNY Copyright (c) 2023 М.Г. КОЛОДЯЖНИЙ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/58 Sun, 22 Oct 2023 00:00:00 +0300 CRIMINOLOGY ORIENTATIONS IN THE STRATEGY OF TRANSITIONAL JUSTICE FOR UKRAINE: CARTOGRAPHY OF THE COLLECTIVE WAR TRAUMAS https://vca.univd.edu.ua/index.php/vca/article/view/59 <p>The article is devoted to the development of criminological orientations in the strategy of transitional justice through the analysis of collective traumas of war. It has been established that war trauma is an all-encompassing socio-psychological phenomenon that reaches the deepest layers of the collective unconscious, expresses attacks on the openness of social time, on attachment, on identity and the ability to symbolize. Depending on the nature of practices and physical proximity to traumatic factors, traumatic-combat, migration-traumatic, passive-traumatic, occupation-traumatic, post-occupation-traumatic and integrated-traumatic social-activity plots are identified and characterized, within which the corresponding criminological types are formed and manifested victims: neurotic victim, aggressive victim-resentimental, victim-aggressor, monologic victim, disintegrated victim and marginal victim, neurotic victim-actionist. It has been found that each of these types has its own special content of criminogenic potential, which in one way or another is capable of being realized in violent criminal offenses, in particular, hate crimes, border crime. A three-dimensional matrix of collective war traumas is presented, which includes phenomenological-structural, functional-psychogenic, and mental-interpretive dimensions.</p> Y.V. ORLOV Copyright (c) 2023 Ю.В. ОРЛОВ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/59 Sun, 22 Oct 2023 00:00:00 +0300 PRISONIZATION AS A FACTOR OF CRIMINAL RADICALISM AMONG PRISONERS https://vca.univd.edu.ua/index.php/vca/article/view/60 <p>The article is devoted to the study of imprisonment as a factor of criminal radicalism among convicts. It has been established that criminal radicalism among those sentenced to imprisonment is an extremely dangerous phenomenon, which, in addition to general criminal features, also has a politically destabilizing feature, which is especially acutely manifested in the conditions of the Russian-Ukrainian war. An essential factor in criminal radicalism is incarceration - a complex social phenomenon, which can be understood in two dimensions: as an internal process of fixing special criminogenic qualities in the prisoner, determined by the "prison" environment, and as an externally directed process of negative influence of convicts, released from places of deprivation of liberty, on social environment, extra-penitentiary culture, bringing to it elements of criminal, prison subculture. A significant potential for increasing the effectiveness of combating imprisonment and criminal radicalism among convicts can be seen in the transformation of both the criminal enforcement system and criminal justice as a whole, the reduction of the share of prisoners in the structure of convicts, including through the expansion of probation opportunities, active public participation.</p> К.О. CHEREVKO Copyright (c) 2023 К.О. ЧЕРЕВКО http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/60 Sun, 22 Oct 2023 00:00:00 +0300 THEORY AND PRACTICE OF ROAD SAFETY IN UKRAINE: CRIMINOLOGICAL VIEW https://vca.univd.edu.ua/index.php/vca/article/view/61 <p>The article is devoted to the disclosure of areas which, according to the results of scientific research, will contribute to a significant reduction of road accidents with severe consequences. These are: changes in the psychology of road users to a common understanding of the need to comply with road safety requirements and improve road culture; arrangement of transport infrastructure with due regard to safety standards; determination of the consequences and assessment of losses from road accidents; improvement of legal liability for illegal actions by road users. The analysis of practice and the results of the survey made it possible to confirm the viability of the highlighted areas.</p> S.S. SHRAMKO Copyright (c) 2023 С.С. ШРАМКО http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/61 Sun, 22 Oct 2023 00:00:00 +0300 CONTENT AND FEATURES OF CORRECTIVE WORK WITH CONVICTS OF CRIMES AGAINST PUBLIC ORDER AND MORALITY https://vca.univd.edu.ua/index.php/vca/article/view/62 <p>The article is devoted to the study of the content and features of correctional work with those who have been convicted of crimes against public order and morality. The authors analyzed modern approaches to the problem and the state of scientific research on the procedure for applying and the influence of correctional programs on the possibility of convicts returning to self-directed, obedient behavior. On the basis of the conducted analysis, a methodology for diagnosing generalized semantic attitudes of offenders and instructions for its use were developed and proposed for implementation, which allows specifying a further set of measures for the social rehabilitation of persons convicted of crimes against public order and morality. The study lays the foundation for scientific research in the field of social rehabilitation of convicts. The results of the published work will be useful for practical application by employees of penal institutions and the probation service of Ukraine and can serve as a starting point for further work on improving and expanding correctional practices.</p> V.Y. BOCHELYUK, S.F. DENYSOV, D.E. ZAYIKA Copyright (c) 2023 В.Й. БОЧЕЛЮК, С.Ф. ДЕНИСОВ, Д.Є. ЗАЇКА http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/62 Sun, 22 Oct 2023 00:00:00 +0300 TACTICAL FEATURES OF INSPECTION OF CRIMINAL EVENTS IN A PLACES OF THE COMBAT OPERATIONS https://vca.univd.edu.ua/index.php/vca/article/view/63 <p>The article represents the tactics of the crime scene management and preliminary inspection of the incident of rocket attacks, explosions, destructions of civil infrastructure facilities, including death bodies. Authors conducted an overall review of modern problematic aspects of the first response police team which investigate crimes and misdemeanors in a places of military fighting. The research is focus on tactic of investigation`s inspection of criminal events, search and collecting evidences, fixing traces, video recording of the progress and results of the investigative action, pictures, scene scratches, 3D scanning, involving specialists and the use of special equipment and other criminal procedures.</p> V.V. KORNIENKO, T.I. SAVCHUK Copyright (c) 2023 В.В. КОРНІЄНКО, Т.І. САВЧУК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/63 Sun, 22 Oct 2023 00:00:00 +0300 THEORETICAL BASIS OF THE APPLICATION OF MEASURES TO ENSURE CRIMINAL PROCEEDINGS DURING THE PRE-JUDICIAL INVESTIGATION OF CORRUPTION CRIMINAL OFFENSES https://vca.univd.edu.ua/index.php/vca/article/view/64 <p>An analysis of the state of scientific development of theoretical knowledge about measures to ensure criminal proceedings as a basis for research into the use of measures to ensure criminal proceedings during pre-trial investigation of corruption criminal offenses was carried out. An overview of modern approaches to the definition of the concept of measures of criminal proceedings, its correlation with the concept of criminal procedural coercion, the type classification of measures of criminal proceedings and their functional purpose, existing in the domestic doctrine of criminal proceedings, was given. A dialectical connection with general theoretical provisions on measures to ensure criminal proceedings and further study of the use of measures to ensure criminal proceedings during pre-trial investigation of corruption criminal offenders is determined.</p> R.I. LOGIN Copyright (c) 2023 Р.І. ЛОГІН http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/64 Sun, 22 Oct 2023 00:00:00 +0300 ADMINISTRATIVE FORMS AND METHODS OF PREVENTING AND COUNTERING CORRUPTION IN THE PUBLIC SERVICE https://vca.univd.edu.ua/index.php/vca/article/view/65 <p>The article states that the forms of administrative activity, as well as the forms of managerial activity, find their embodiment in the activity of subjects endowed with state-authority, who act as mandatory participants in administrative-legal relations, within which administrative activity is implemented.</p> <p>It is noted that when defining specific administrative forms, it is advisable to rely on the specifics of the activity of specific entities for the prevention and counteraction of corruption, among which we include the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine, the National Agency for the Prevention of Corruption, the Prosecutor's Office of Ukraine, the State Bureau of Investigation, local and appellate courts, the Supreme Court of Ukraine, the High Anti-Corruption Court of Ukraine.</p> <p>An author's approach to the classification of methods of combating corruption in the public service has been formed, in particular, according to the nature of the influence, we divide the methods into preventive measures, as well as repressive measures; according to the criterion of coverage - to those that operate at the individual level, as well as to those that concern the entire public service system; by time - short-term and long-term measures; by orientation - internal, as well as external; depending on the place and role in international activities - participation in international anti-corruption initiatives, adoption of international anti-corruption standards, cooperation with other countries in the field of prevention and anti-corruption; on an organizational basis - creation of independent anti-corruption bodies or services, development of ethical codes for public officials, anti-corruption exercises and trainings, creation of mechanisms for reporting and verification of financial declarations, establishment of effective monitoring tools for compliance with ethical standards.</p> <p>Prospective directions for improving administrative forms and methods of countering corruption in the public service are highlighted, which include the optimization of the staff of the central apparatuses of state authorities, the implementation of digitized, transparent with maximum fixation at all stages of the competitive selection for the positions of public servants, the introduction of electronic government and electronic services.</p> Е.О. MUZYCHUK Copyright (c) 2023 Е.О. МУЗИЧУК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/65 Sun, 22 Oct 2023 00:00:00 +0300 PUBLIC ADMINISTRATION UNDER MARTIAL LAW: PRINCIPLES, FEATURES AND AREAS OF IMPROVEMENT https://vca.univd.edu.ua/index.php/vca/article/view/66 <p>The specific principles that appeared before the public administration in the conditions of martial law are singled out, in particular the principle of expanding the competence of the subject of public administration to meet the needs of the population and provide relevant services, the principle of adaptability of the subject of public administration, the principle of complementary activities with other subjects of public administration , the principle of the priority of public safety in the performance of tasks and functions by the subject of public administration, the principle of inadmissibility of cooperation with the occupation administration and the principle of initiative and broad independence of the manager.</p> <p>On the basis of the identified principles, the peculiarities of public administration under martial law are highlighted. In the course of improving public administration under martial law, it is proposed to organize an effective training system for civil servants, in particular for managers of various levels, to attract international grants, to create the maximum possible conditions for resource, material technical and economic independence of subjects of public administration, to ensure a sufficient number of support and service personnel, to introduce new directions in the course of establishing close contact of scientists and practitioners in the field of analysis of everyday and new problems faced by subjects of public administration under martial law, to carry out thorough studies of complex interstate cooperation programs in European countries, in particular in the Polish-German border region, to improve regulatory, organizational, material and technical support for the activities of public administration subjects in the sphere of regulation of social processes generated by specific conditions of martial law, in particular mass problems of internally displaced persons, to scientifically understand projects in the field of social and humanitarian assistance to the population, which have acquired special importance in the conditions of martial law.</p> О.М. MUZYCHUK, K.L. BUGAYCHUK Copyright (c) 2023 О.М. МУЗИЧУК, К.Л. БУГАЙЧУК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/66 Sun, 22 Oct 2023 00:00:00 +0300 LEGAL REGULATION OF ENSURING THE TERRITORIAL DEFENSE OF UKRAINE BY LOCAL GOVERNMENT BODIES AND THE PLACE OF ADMINISTRATIVE LEGISLATION IN IT https://vca.univd.edu.ua/index.php/vca/article/view/67 <p>Attention is focused on the fact that the legal regulation of the provision of territorial defense of Ukraine by local self-government bodies is a regulatory and structuring influence on social relations carried out with the help of legal norms that arise in the sphere of forming conditions and guarantees for the most effective and complete implementation of socially and nationally important measures with territorial defense of Ukraine.</p> <p>It has been found that the legal regulation of the provision of territorial defense of Ukraine by local self-government bodies consists of a large group of normative and legal acts, which include the Constitution of Ukraine, as well as international, legislative and by-law normative documents. It is emphasized that normative legal acts, the norms of which are aimed at regulating social relations in the researched area, are most expediently divided into: a) general ones that determine the status, powers and functions of local self-government, the order and peculiarities of the functioning of its components, etc.; b) special normative acts, which reveal the content of activities and powers directly in the direction of ensuring territorial defense.</p> <p>It is noted that in the system of regulation of territorial defense of Ukraine by local self-government bodies, a key place is assigned to the norms of the administrative field of law, because it is with their help: a) the legal status of local self-government bodies is determined in general, and in the context of the implementation of territorial defense, in particular; b) administrative procedures for ensuring the territorial defense of Ukraine by local self-government bodies are revealed; c) administrative forms and methods of carrying out the relevant activities are established; d) the boundaries and directions of the investigated support are established.</p> I.V. ROMANSKY Copyright (c) 2023 І.В. РОМАНСЬКИЙ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/67 Sun, 22 Oct 2023 00:00:00 +0300 REVIEW ON THE MONOGRAPH ANTONYUK N.O. «DIFFERENTIATION OF CRIMINAL LIABILITY IN CRIMINAL LAW OF UKRAINE» https://vca.univd.edu.ua/index.php/vca/article/view/68 <pre id="tw-target-text" class="tw-data-text tw-text-large tw-ta" dir="ltr" data-placeholder="Перевод" data-ved="2ahUKEwiBtuzVxImCAxVlExAIHczYDvEQ3ewLegQIBxAQ"><span class="Y2IQFc" lang="en">The problem related to the differentiation of criminal liability <br>is one of the basic ones for criminal law. After all, the differentiation o<br>f criminal responsibility is closely intertwined with all institutions of criminal law. <br>Therefore, the study of both the very concept of this phenomenon and the types and means of <br>differentiation is important both for the science of criminal law and for law enforcement practice. <br>Questions related to the differentiation of criminal responsibility have always <br>been relevant in the doctrine of criminal law.</span></pre> S.F. DENYSOV Copyright (c) 2023 С.Ф. ДЕНИСОВ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/68 Sun, 22 Oct 2023 00:00:00 +0300 THE HEURSTIC POTENTIAL OF THE GREAT UKRAINIAN CRIMINOLOGY ENCYCLOPEDIA WITHIN THE SPIRITUAL-VALUE CONCEPT OF LEGAL UNDERSTANDING: FEEDBACK-REVIEW AND PERSONAL MEMORIES https://vca.univd.edu.ua/index.php/vca/article/view/69 <p>-</p> I.V. KRITSAK Copyright (c) 2023 І.В. КРІЦАК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/69 Sun, 22 Oct 2023 00:00:00 +0300 THE ESSENCE AND PECULIARITIES OF CUSTOMS RULES AS AN OBJECT OF LAW ENFORCEMENT RESPONSE https://vca.univd.edu.ua/index.php/vca/article/view/100 <p>The article emphasizes that customs rules are a key element in regulating the movement of goods across the state border. They determine the procedure and conditions for conducting customs control, establish the obligation to submit declarations and documents necessary for the import and export of goods.<br>It is noted that the peculiarities of customs rules as an object of law enforcement response are reduced to their dynamism and constant adaptation to changes in international trade and the economic environment. Customs authorities must constantly improve their control strategies and methods to detect violations of customs rules and prevent losses for the state. The development of technologies is also reflected in the peculiarities of law enforcement response in customs affairs, in particular, the use of modern information systems for effective customs control is gaining significant potential.<br>It has been established that customs regulations are an important object in law enforcement activities aimed at ensuring security and efficient functioning of the economy. Their constant modernization and adaptation is necessary to take into account modern challenges and ensure effective control over the movement of goods across borders.</p> Y.V. BUKHARYEVA Copyright (c) 2023 Ю.В. БУХАРЄВА http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/100 Sun, 22 Oct 2023 00:00:00 +0300 SOME THEORETICAL ISSUES OF THE TRANSFORMATION OF THE SYSTEM OF PRINCIPLES OF ADMINISTRATIVE LAW https://vca.univd.edu.ua/index.php/vca/article/view/101 <p>The article substantiates that despite the fact that the principles of administrative law of European states are generally stable in their legal nature they have constantly adapted to the modern conditions of the functioning of the EU, which is evolving as an organizational and legal structure. The European administrative space is rebuilt with the help of a set of general administrative principles, which are the standards of institutional construction in countries that are or wish to become full members of the European Union.<br>It is noted that the legal systems of the EU member states are in the process of constant convergence with many different areas that are under the influence of EU legislation, for example, through the legislative activity of the institution</p> A.V. KOMZІUK Copyright (c) 2023 А.В. КОМЗЮК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/101 Sun, 22 Oct 2023 00:00:00 +0300 ON THE DEFINITION OF SERVICE IN THE INVESTIGATIVE UNITS OF THE NATIONAL POLICE OF UKRAINE AS A TYPE https://vca.univd.edu.ua/index.php/vca/article/view/102 <p>The article is devoted to the analysis of theoretical concepts regarding the content of the concepts of "service", "civil service", "public service". The author analyzes the peculiarities of application of the Laws of Ukraine "On the National Police" and "On Civil Service" in relation to service in the National Police of Ukraine and, in particular, in relation to service in the police investigation units. The article presents the author's vision of the general provisions of the definition of service in the investigative units of the National Police of Ukraine and its significance as a type of public service. The author establishes that the regulatory, legal, organizational, personnel and other principles of service in the investigative units of the National Police have their own specifics compared to the public service, although they are largely covered by this concept.<br>The author identifies the general features of service in police units which are similar to the features of public service in law enforcement agencies, and the specific features of service which are inherent in investigative police units. The author defines the specifics of service in the investigative units of the National Police, which is a public, politically impartial and professional activity of investigators and other employees (officers) appointed to positions in the investigative units of the National Police aimed at preventing, detecting, stopping, solving and investigating criminal offenses within the powers defined by the legislation of Ukraine.</p> S.A. MASLENNIKOVA Copyright (c) 2023 С.А. МАСЛЕННИКОВА http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/102 Sun, 22 Oct 2023 00:00:00 +0300 CRIMINOLOGY ANALYSIS OF ENVIRONMENTAL CRIME IN UKRAINE: FROM THE ORDINARY SITUATION TO THE CONTEXT OF WAR https://vca.univd.edu.ua/index.php/vca/article/view/103 <p>The article is devoted to the description of the main indicators of the state of environmental crime in Ukraine. It was established that systematic criminal practices of exploitation of the environment showed their stability even during the war. In 2022, the level of crime against the environment reached 4,018 criminal offenses, of which 742 were misdemeanors and 3,276 were felonies. In addition to the reduction of the territory of statistical accounting due to the temporary occupation of a part of the territory of Ukraine, the active conduct of hostilities, as well as significant migration of the population, the departure of about 8 million citizens outside the country, an equally important shift in law enforcement practice regarding damage to the environment, in particular towards qualifications as war crimes, i.e. under Art. 438 of the Criminal Code of Ukraine. Ukraine faced what previously, including in the period from 2014 to 24.02.2022, was the exception rather than the rule – war crimes against the environment</p> Y.V. ORLOV, Y.V. STUPNYK Copyright (c) 2023 Ю.В. ОРЛОВ, Я.В. СТУПНИК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/103 Sun, 22 Oct 2023 00:00:00 +0300 GENERAL CHARACTERISTICS OF THE STATE OF SCIENTIFIC DEVELOPMENT OF ROAD TRAFFIC SAFETY PROBLEMS https://vca.univd.edu.ua/index.php/vca/article/view/104 <p>The scientific article emphasizes that the problem of "traffic", and in particular its "safety", is by no means deprived of the attention of scientists and practitioners. However, it is worth evaluating the real state of the problem's development based not on scientific, or even regulatory and legal achievements. After all, there are more objective indicators, namely: the number of traffic accidents that led to the death of people, injuries, material damage, etc. It has been proven that "traffic" is a phenomenon that is not only deeply integrated into the everyday life of every person, but also has broad objective connections with the economic state of the state in its various branches. This, without a doubt, justifies the large set and variety of normative legal acts that regulate individual issues of "traffic" and its "safety". A successful (quality) settlement of the issues of "traffic" and its "safety" requires finding a balance between a dynamic set of real safety risks, the latest technical and technological achievements and the significant advantages of expanding the space of officially permitted opportunities (for road users and for other persons, the content and the success of which depends on normalization of "traffic"). This feature determines the dynamism of the system of national regulatory and legal acts on the regulation of "traffic" issues, and also explains the involvement of a considerable number of subjects in the relevant measures for proper regulation at various levels of the issuance of regulatory and legal acts. Since the list of relevant entities, their separate rights and obligations are fixed in the Law of Ukraine "On Road Traffic" (which is already emphasized in the first articles of this Law), it is appropriate to consider this legislative act as a profile (main, special or sectoral) ) on defining issues of "administrative and legal regulation" of the specified problem. Attention is drawn to the fact that the intensity of the production of law-making initiatives and implemented innovations regarding the regulation of the peculiarities of the Law of Ukraine "On Road Traffic" remains quite high. This situation has been observed since the period when our state became aware of its European vector of development.</p> A.O. STRIZHAK Copyright (c) 2023 А.О. СТРИЖАК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/104 Sun, 22 Oct 2023 00:00:00 +0300 PUNISHMENT FOR INTENTIONAL DESTRUCTION OR DAMAGE OF HOUSING AND UTILITY FACILITIES https://vca.univd.edu.ua/index.php/vca/article/view/105 <p>The article examines the problems of legislative construction of sanctions for the intentional destruction or damage of housing and communal facilities. Corresponding deficiencies in the types and amounts of punishments provided by the legislator for the commission of these offenses were revealed. On the basis of the analysis of judicial practice in matters of sentencing for criminal offenses, including for the intentional destruction or damage of objects of the housing and communal economy, a certain inconsistency with the declared goals of the punishment provided for in Art. 50 of the Criminal Code of Ukraine. In particular, the amount of the fine provided for by the sanction of the article is in most cases much smaller than the actual amount of the damage caused and practically does not correspond to modern socio-economic realities, and taking into account that the majority of those convicted under Art. 270-1 of the Criminal Code of Ukraine are unemployed or those who do not have a basic income, fines and correctional works as the main types of punishment remain declarative, the execution of which is practically impossible for this category of persons. Thus, taking into account the nature and degree of public danger in the law enforcement activities of judicial bodies, there is a tendency to unjustifiably expand the use of punishment in the form of deprivation of liberty with further exemption from its actual serving on the basis of Art. 75 of the Criminal Code of Ukraine.</p> I.Y. TUR Copyright (c) 2023 І.Ю. ТУР http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/105 Sun, 22 Oct 2023 00:00:00 +0300 SPECIFIC PROBLEMS OF CRIMINAL LAW REGULATION UNDER THE CONDITIONS OF MARITAL STATE IN THE CONTEXT OF RESTORATION OF LAW ORDER IN THE DEOCCUPIED TERRITORIES OF UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/106 <p>In the conditions of martial law and repulsion of the armed aggression of the Russian Federation against Ukraine, a critically important direction is to ensure a high level of regulatory and legal support for the activities of the subjects of combating crime in strict accordance with the tasks set within the framework of the legal policy of the state in its criminological and criminal law dimensions.<br>The legislator amended the Criminal Code of Ukraine after the introduction of the legal regime of martial law in Ukraine, to ensure the constitutional order, territorial integrity, peace, protection of fundamental human rights and freedoms, property, public order and public safety from criminally illegal encroachments by legal means. However, law enforcement practice shows some difficulties arising in connection with the application of new provisions of the law.<br>In the publication, considering the achievements of scientists and the analysis of the practice of applying the relevant criminal law norms, several problematic issues that arise in the criminal law regulation of the relevant processes are highlighted.<br>It is summarized that the achievement of high quality of criminal law is possible only with the application of rules, techniques and means of legislative technique of its construction, the mandatory observance of which is the basis for preventing the imbalance of the system of the entire criminal legislation of Ukraine.</p> T.A. SHEVCUK Copyright (c) 2023 Т.А. Шевчук http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/106 Sun, 22 Oct 2023 00:00:00 +0300 THE CHARACTERISTICS OF THE SUBJECT OF SUPPORT AND DEVELOPMENT OF BUSINESS UNDER THE CONDITIONS OF MARITAL STATE https://vca.univd.edu.ua/index.php/vca/article/view/116 <p>It is argued that in a general sense, the subject of business support and <br>development under martial law is a set of legal relationships associated with the <br>emergence of a business entity, the choice of directions of its activity and its <br>further improvement. <br>It is substantiated that the subject of business support and development is a <br>specific sphere of legal relations, which is affected by relevant measures, for <br>example: a simplified procedure for creating a business entity, improvement of <br>tax regulations based on a flexible taxation system, information support for the <br>results of business activities (organization of exhibitions, fairs , including <br>international ones), organization and holding of tenders for obtaining grants for <br>business related to the provision of security and defense needs (production of <br>drones, etc.), etc. In general, the subject under consideration can be called the <br>spheres of legal relations with the participation, on the one hand, of subjects of <br>business support and development, and on the other, potential or registered <br>subjects of business, whose activities contribute to the satisfaction of public <br>interests in overcoming the consequences of armed aggression, in including socio-<br>economic development of the state.</p> V.V. VOSKOBOYNIKOV Copyright (c) 2023 В.В. ВОСКОБОЙНІКОВ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/116 Sun, 22 Oct 2023 00:00:00 +0300 THE ROLE OF DIGITALIZATION IN THE ACTIVITIES OF EXECUTIVE GOVERNMENT BODIES REGARDING THE PROVISION OF ADMINISTRATIVE SERVICES TO NATURAL PERSONS-ENTREPRENEURS https://vca.univd.edu.ua/index.php/vca/article/view/117 <p>The article analyzes the role and reveals the importance of digitization in <br>the activities of executive authorities in providing administrative services to <br>natural persons-entrepreneurs in today's conditions. The trend and direction of <br>the implementation of digitalization in the activities of executive authorities <br>regarding the provision of administrative services to natural persons-<br>entrepreneurs have been analyzed. The advantages and disadvantages of the <br>implementation of digitization are listed. It has been established that, as of today, <br>digitalization in the activities of executive authorities regarding the provision of <br>administrative services to natural persons-entrepreneurs is mainly of an <br>innovative nature, however, both applied and theoretical, as well as a legislative <br>basis can be seen for the Ukrainian state to strengthen its position at the level of <br>development of information and communication technologies and network <br>economy among other countries of the world.</p> S.M. POPOVA, М.А. TELNY Copyright (c) 2023 С.М. ПОПОВА, М.А. ТЕЛЬНИЙ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/117 Sun, 22 Oct 2023 00:00:00 +0300 CONCEPTS AND SIGNS OF FORENSIC TACTICS https://vca.univd.edu.ua/index.php/vca/article/view/118 <p>In this article, it has been emphasized that the question of the legal nature <br>of forensic tactics is currently debatable, which is primarily due to the lack of <br>unified and clear views on its concept and features. An analysis of etymological, <br>semantic and scientific approaches to the interpretation of the terms “tactics”, <br>“forensic tactics” has been carried out. It has been found that the essence of <br>forensic tactics is revealed through the identification of its characteristic features. <br>The following features of forensic tactics have been singled out and characterized: <br>it is an independent part (section) of the science of forensics, which has close <br>connections with its other parts - forensic techniques and methods; founded and <br>uses within its application the assets of humanities and technical sciences; to a <br>greater extent, it is used in connection with a conflict situation, but it also has a <br>number of aspects of an organizational, regulatory, communicative, cognitive, etc. <br>nature; carried out by entities authorized by the criminal procedural law <br>(investigator, investigator, prosecutor, employees of operative units, defense <br>lawyers, court); is a set of scientifically based techniques and recommendations, <br>practical actions aimed at preventing and countering criminal offenses; has a <br>dynamic subject that expands due to the need to prevent and counter new types <br>of crime; aimed at collecting, accumulating, processing, researching and using <br>evidentiary information to ensure the fulfillment of the tasks of criminal <br>proceedings.</p> K.K. HOVORUSCHAK Copyright (c) 2023 K.K. ГОВОРУЩАК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/118 Sun, 22 Oct 2023 00:00:00 +0300 OVERVIEW OF COURT PRACTICE IN CRIMINAL PROCEEDINGS ON MILITARY CRIMES https://vca.univd.edu.ua/index.php/vca/article/view/173 <p>In the article it has been emphasized that law enforcement practice plays a <br>significant role in the development of a unified approach to the application of the <br>norms of criminal material and procedural law, in particular during the <br>investigation of military crimes. It has been established that clarifying the state of <br>law 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 substantiated that the law enforcement practice of investigating <br>military crimes reflects the level of: regulatory regulation of criminal procedural <br>activity; investigation organization; scientific, methodical and resource support; <br>effectiveness of the investigation process of the defined category of criminal <br>offenses. It has been established that one of the integral elements of the law <br>enforcement practice of investigating military crimes is the corresponding judicial <br>practice. This is explained by the fact that the latter must be unified, which means <br>taking into account the most important legal positions and conclusions from <br>criminal and criminal procedural law. It has been noted that law enforcement <br>practice in the investigation of military crimes is formed taking into account not only changes in criminal and criminal procedural legislation, as well as legislation <br>regulating the procedure for military service, but also taking into account judicial <br>practice in this category of criminal proceedings, especially the position of the <br>Supreme Court. It has been found that the case law of the Supreme Court in <br>criminal proceedings on military crimes concerns the following aspects: the <br>qualification of military crimes and their distinction from administrative military <br>offenses; application of the norms of criminal procedural legislation during pre-<br>trial investigation of military crimes and court proceedings in the studied <br>category of criminal proceedings.&nbsp;</p> H.Y. BERSHOV Copyright (c) 2023 Г.Є. БЕРШОВ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/173 Sun, 22 Oct 2023 00:00:00 +0300 PECULIARITIES OF STATE SECRET PROTECTION KNOWLEDGE CONTROL IN THE STATE CRIMINAL ENFORCEMENT SERVICE OF UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/174 <p>As a result of the study, the following features of the control of knowledge <br>on the protection of state secrets in the State Secret Service of Ukraine were <br>revealed: firstly, it is systematic and is carried out through the implementation of <br>various measures, the list of which is not clearly limited by legislation and may <br>vary to a certain extent depending on the situation; secondly, it covers all <br>employees of a separate entity of the State Security Service of Ukraine who have <br>permission to conduct activities related to state secrets; thirdly, the peculiarities <br>of the control of knowledge on the protection of state secrets have functionally <br>determined features that are amenable to classification, in particular, the <br>following groups can be distinguished: 1) by the entity that carries out control: <br>external or internal; 2) by the fact of documenting the results of the conducted <br>knowledge control: one that involves documentation and one that is conducted <br>without documenting and saving the results; 3) on the basis of documents, theknowledge of which is required from employees: those that have a seal of secrecy <br>or access restriction and those that do not have any seal of access restriction and <br>are non-confidential.</p> D.E. DENISCHUK Copyright (c) 2023 Д.Є. ДЕНИЩУК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/174 Sun, 22 Oct 2023 00:00:00 +0300 A RETROSPECTIVE OF THE FORMATION OF DEPARTMENTAL REGULATION OF THE PECULIARITIES OF THE ORGANIZATION OF THE SUPERVISION OF COMPLIANCE WITH THE LAWS BY BODIES CONDUCTING OPERATIVE AND INVESTIGATIVE ACTIVITIES, INQUIRIES, PRE-TRIAL INVESTIGATIONS https://vca.univd.edu.ua/index.php/vca/article/view/175 <p>The article is dedicated to revealing the retrospective of the establishment <br>of sectoral regulation of the features of organizing supervision of law enforcement <br>by bodies conducting operational-search activities, intelligence, pre-trial <br>investigation. <br>It is summarized that this type of supervisory activity by prosecutors <br>initially objectified the unity of the type direction of law enforcement agencies' <br>activities. However, not entirely, as there was a distribution of the specificity of its <br>implementation as a natural property of the text of the provisions of regulatory <br>legal acts separately for each object of inspections. However, it was quickly <br>realized that it was necessary to differentiate them as independent objects of <br>inspection (operational-search and pre-trial investigation), which should be <br>regulated by separate regulatory acts. Their provisions went through a long <br>process of transitioning from the Soviet model of general supervision to European <br>standards of specialized supervision, which is conditioned both by the nature and <br>purpose of these directions in law enforcement activities and by the scope and <br>limits of supervision procedures for their implementation. <br>It is believed that such an approach to supervision of law enforcement by <br>bodies conducting operational-search activities, intelligence, and pre-trial <br>investigation indicates the strategic direction of the prosecutor's office to <br>constantly improve procedures for ensuring the rule of law, protecting the rights <br>and interests of citizens, as well as mechanisms to increase society's trust in law <br>enforcement agencies. However, on the other hand, it took too long to realize the <br>true role of the prosecutor's office in these mechanisms and procedures, as <br>normative prescriptions had to correspond to the actual practical activities of <br>prosecutors, the identification of problematic aspects of which would gradually ensure more effective functioning of security agencies.&nbsp;</p> O.O. ILIENKOV Copyright (c) 2023 О.О. ІЛЬЄНКОВ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/175 Sun, 22 Oct 2023 00:00:00 +0300 SYSTEM OF SUBJECTS FOR ENSURING INTERNATIONAL COOPERATION IN THE SPHERE OF PHYSICAL CULTURE AND SPORTS https://vca.univd.edu.ua/index.php/vca/article/view/176 <p>It was found that under the subject of ensuring international cooperation, it <br>is most appropriate to understand specially authorized state and non-state <br>institutions that are endowed with a special set of subjective rights and legal <br>obligations, which give them the opportunity to enter into legal relations that <br>arise due to the creation of conditions and organization of actual implementation <br>of effective international cooperation in the field of physical culture and sports. <br>It was concluded that the subjects of international cooperation in the field <br>of physical culture and sports are not limited to the Ministry of Youth and Sports <br>of Ukraine, but include a number of state institutions and organizations, each of which has its own special legal status, in particular: 1) Verkhovna Rada of <br>Ukraine; 2) Cabinet of Ministers of Ukraine; 3) Ministry of Youth and Sports of <br>Ukraine; 4) National Anti-Doping Control Laboratory. Today, in our opinion, it is <br>important to create all the necessary conditions in order to ensure the <br>appropriate level of interaction in this field between the outlined subjects, which, <br>as it is seen, will allow: first, to create an appropriate regulatory and legal basis <br>for international cooperation in the field of physical culture and sports; secondly, <br>to ensure stability and consistency of state policy in the researched area.&nbsp;</p> O.O. USYK Copyright (c) 2023 О.О. УСИК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/176 Sun, 22 Oct 2023 00:00:00 +0300 SCIENTIFIC AND METHODOLOGICAL ENSURING THE ACTIVITIES OF THE TERRITORIAL OFFICES OF THE STATE BUREAU OF INVESTIGATIONS https://vca.univd.edu.ua/index.php/vca/article/view/199 <p>It has been established that in the majority of normative legal acts, which <br>determine the legal status of subjects who are the bearers of authority and <br>perform socially significant tasks and functions, the principle of scientificity is not <br>directly established as fundamental on a level with such initial, fundamental <br>requirements as the rule of law, legality, transparency, openness, etc. The <br>specified gap is also characteristic of the studied subjects, that is, the territorial <br>administration of the SBI, because neither in the current Law of Ukraine "On the <br>State Bureau of Ukraine" nor in the regulations on the territorial subdivisions of <br>the SBI, "scientific" is not listed among the main principles of organization and <br>activity. <br>It is summarized that today the state of scientific and methodological <br>support of the territorial administrations of the SBI needs improvement, because <br>currently we have a number of unresolved issues that prevent the proper <br>implementation of the principles of science in the work of the subjects under <br>study. Solving these problems requires making changes and some improvements <br>both at the regulatory and legal, and at the organizational and managerial level, <br>because in order for the scientific and methodological support to be really high-<br>quality and effective, that is, such that it really affects the indicators of the <br>efficiency and effectiveness of the work territorial administrations of the SBI, the <br>principles of this provision should be properly established at the level of current <br>legislation, as well as implemented in the practical plane through the relevant <br>institutions and tools, which are still not working at the proper level today.</p> R.I. BOGDANOV Copyright (c) 2023 Р.І. БОГДАНОВ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/199 Sun, 22 Oct 2023 00:00:00 +0300 FORENSIC ANALYSIS OF THE METHOD OF COMMITTING HOOLIGANISM https://vca.univd.edu.ua/index.php/vca/article/view/207 <p>The article is devoted to consideration of some aspects of hooliganism <br>investigation. The method of commission is analyzed as an element of the forensic <br>characteristics of the specified offense. It is noted that the method of committing a <br>criminal offense is considered by most scientists to be the central element of the <br>forensic characteristics of any illegal act. Indeed, the specified element is <br>characterized by constant correlation with all other components of the specified <br>scientific category. In the context of criminal proceedings initiated under Art. 296 <br>of the Criminal Code of Ukraine, the method of execution does not lose its <br>importance, but, on the contrary, even increases its importance. Because hooligan <br>actions have various methods of direct execution, as well as methods of <br>preparation and concealment. <br>It is noted that hooligans can implement measures to prepare for their <br>commission, in particular: developing a plan of hooligan actions; selection of the <br>object of encroachment; searching for, adapting and preparing tools and means of <br>illegal actions; selection of accomplices and distribution of roles between them. <br>The following ways of directly committing hooliganism were found out, such as: <br>cynical body movements in combination with obscene swearing; disturbing the <br>peace of citizens in public places; resistance to representatives of law <br>enforcement agencies; causing bodily harm to law enforcement officers; use of <br>firearms, cold weapons, specially adapted objects for inflicting bodily injuries; <br>violation of the normal operation of enterprises, institutions, organizations; use of <br>pyrotechnics. <br>The following methods of concealing hooligan actions have been <br>established, such as: disappearing from the place of a violent act; disappearing <br>from the scene of the crime using a motor vehicle; destruction of tools of illegal <br>activity; liquidation of clothes, shoes; giving false testimony, including an alibi; <br>refusal to testify.</p> M.V. LEPEI Copyright (c) 2023 М.В. ЛЕПЕЙ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/207 Sun, 22 Oct 2023 00:00:00 +0300 SUBJECT OF SUPERVISION AND CONTROL OF PRIVATE NOTARY ACTIVITIES IN UKRAINE https://vca.univd.edu.ua/index.php/vca/article/view/219 <p>The article is devoted to the problem of the subject of supervision and <br>control of private notary activities in Ukraine. The subject is a clarifying element <br>of the object, as it shows a direct list of data, things, actions and other factors of <br>the existence or work of the controlled, supervised object, which are analyzed or <br>checked. At the same time, the subject cannot be standardized, because it depends <br>on the unique features of the object and the sphere of social and legal relations in <br>which it exists. It is noted that the object of control and supervision within the <br>framework of our study is private notary activity, and the subject in this case is a <br>system of aspects that are checked and analyzed to establish the degree of <br>deviation or violation of legality by a private notary. At the same time, the subjects <br>of control and supervision differ, which is due to their internal characteristics. <br>It is emphasized that, unlike the subject of supervision, the subject of <br>control is broader and concerns the process of performing notarial activity, as <br>well as its organizational support. Performing control in this case involves not <br>only establishing the facts of violation of the relevant rules, but also correcting the <br>activity of a private notary, characterizing his current actions and actions taken, <br>with the aim of establishing deviations in the work and implementation of <br>notarial actions and ensuring the correction of the latter. This, in turn, involves <br>both the analysis of information and the verification of the material expression of <br>the activity of a private notary in the form of official documentation, as well as <br>documents on taxation issues, etc.</p> M.M. STRILCHUK Copyright (c) 2023 М.М. СТРІЛЬЧУК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/219 Sun, 22 Oct 2023 00:00:00 +0300 ORGANIZING AN INVESTIGATION INTO THE MURDER OF A HOSTAGE OR KIDNAPPED PERSON https://vca.univd.edu.ua/index.php/vca/article/view/294 <p>In this article, it has been emphasized that the murders of hostages or <br>kidnapped persons are characterized by a special public danger, which, in turn, <br>requires increased attention from law enforcement and judicial authorities. It has <br>been noted that the pre-trial investigation bodies must intensify their powers to <br>establish the identity of the criminal, collect evidence sufficient and necessary to <br>bring the guilty person to criminal responsibility and impose a punishment in <br>accordance with the degree of his guilt. The features of the organization of the <br>investigation of the murders of hostages or kidnapped persons have been <br>determined. It has been found that the features of the organization of the <br>investigation of the murders of hostages or kidnapped persons are due to the <br>complex mechanism of committing the specified type of murders, which, in fact, <br>combines elements of two illegal acts at once – illegal deprivation of liberty or <br>kidnapping of a person (Article 146 of the Criminal Code of Ukraine) or hostage-<br>taking (Article 147 of the Criminal Code of Ukraine) and intentional murder <br>(Article 115 of the Criminal Code of Ukraine). It has been established that at the <br>stage of opening criminal proceedings, close interaction begins with rapid <br>response units, which must penetrate the place of detention of a kidnapped <br>person or hostage, neutralize criminals and free victims; with psychologists, who <br>establish contact with criminals, negotiate with them and provide psychological <br>support for the work of police officers, including during their operational <br>activities and investigative (search) actions. It has been emphasized that an <br>important role in ensuring the success of the pre-trial investigation of the <br>murders of a hostage or kidnapped person is played by the establishment of close <br>and fruitful cooperation with the media and the public. Forms of using special <br>knowledge during the investigation of the murders of a hostage or kidnapped <br>person have been determined.</p> A.V. NESTERENKO Copyright (c) 2023 А.В. НЕСТЕРЕНКО http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/294 Sun, 22 Oct 2023 00:00:00 +0300 OVERVIEW OF FRAUDULENT SCHEMES WITH BANK CARDS https://vca.univd.edu.ua/index.php/vca/article/view/295 <p>In this article, it has been emphasized that the development of forensic <br>recommendations regarding the detection, documentation and pre-trial <br>investigation of bank card fraud, as well as regarding the organizational and <br>tactical support for conducting procedural actions in order to collect an <br>appropriate, reliable, admissible and appropriate evidentiary base, is considered <br>impossible without a preliminary clarification and review of the most widespread <br>and characteristic fraudulent schemes for the outlined sphere of public relations. <br>An analysis of scientific approaches to the systematization of methods of <br>committing fraud, including with bank cards, and analytical and reference <br>information on the most widespread fraudulent schemes in Ukraine has been <br>carried out. It has been found that bank card fraud is committed mainly using <br>information technologies, which greatly simplifies the achievement of the criminal intent, as it minimizes personal contacts of the criminal with his victims, expands <br>the “geography” and “spheres” of illegal activity, leaves fewer “traditional” traces <br>of criminal offenses, complicates the process of detecting, documenting and pre-<br>trial investigation of all episodes of criminal illegal activity, etc. It has been proven <br>that it is quite logical and justified to distinguish two groups of cybercrimes <br>against property, the structure of which also includes bank card fraud, depending <br>on the methods of their commission: cybercrimes against property committed <br>through psychological influence on a person, and cybercrimes against property <br>committed through influence on equipment. It has been emphasized that a <br>combination of both methods is increasingly common in the mechanism of <br>committing fraud with bank cards, in view of which it is proposed to additionally <br>distinguish mixed cybercrimes against property, which are committed <br>simultaneously using social engineering and influencing equipment.&nbsp;</p> R.O. NESTERENKO Copyright (c) 2023 Р.О. НЕСТЕРЕНКО http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/295 Sun, 22 Oct 2023 00:00:00 +0300 SYSTEM OF SUBJECTS OF ENSURING LEGALITY DURING THE ADMINISTRATION OF JUSTICE https://vca.univd.edu.ua/index.php/vca/article/view/404 <p>The article, based on the analysis of the scientific views of scientists and the <br>norms of current legislation, identifies a range of key subjects of ensuring legality <br>during the administration of justice. It is argued that each of the specified subjects <br>has its own, special administrative and legal status. The author's vision of the <br>classification of subjects of ensuring legality during the administration of justice is <br>proposed. Ensuring legality during the administration of justice is a set of <br>interrelated elements that, in interaction with each other, form a holistic complex <br>mechanism. One of the key elements in the studied context are the subjects of <br>such activities. At the same time, each of the specified subjects has its own, special <br>administrative and legal status. <br>A rather diverse range of subjects is noted that directly or indirectly contribute to ensuring legality during the administration of justice. The latter are <br>proposed to be divided into groups using various differentiation criteria, in <br>particular, 1) by subject composition: a) individual (judges, individual <br>representatives of the public, participants in the trial (plaintiff, defendant, <br>defendant, victim, witness, etc.), interested in observing the law); b) collective (in <br>particular, the Supreme Court of Justice); 2) by their relationship to the act of <br>justice, they are divided into those whose actions are performed during the act of <br>justice itself, and those who have an indirect influence on it (for example, through <br>the formation of the personnel of the courts); 3) by the features of the <br>administrative and legal status, it is advisable to distinguish: firstly, those directly <br>responsible for ensuring legality during the administration of justice (first <br>instance judges); secondly, subjects who verify compliance with the requirements <br>of the legality of court decisions as acts of justice (judges of the appellate and <br>cassation instances); thirdly, entities that promote the independence of judges in <br>the administration of justice in order to ensure legality, including on the basis of <br>adequate staffing (judicial governance and self-government bodies); fourthly, <br>state authorities that shape the content of legality, primarily the Verkhovna Rada <br>as the sole legislative body.&nbsp;</p> I.M. POPOVICH Copyright (c) 2023 І.М. ПОПОВИЧ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/404 Sun, 22 Oct 2023 00:00:00 +0300 PROTECTION OF THE RIGHTS OF CONSUMERS OF MEDICAL SERVICES: LEGAL NATURE, FEATURES AND MECHANISMS OF LEGAL PROTECTION https://vca.univd.edu.ua/index.php/vca/article/view/405 <p>The article examines the essence of protection of the rights of healthcare <br>consumers. The study of the protection of the rights of healthcare consumers is <br>normative, as it was conducted as a result of explaining the data arising from <br>scientific concepts, legal norms, library materials, and Ukrainian judicial practice <br>in the field of patient protection. In writing this article, the author used general <br>scientific (analysis and synthesis, induction and deduction, abstraction and <br>concretization, analogy, forecasting and modeling, etc.) and special (formal legal, <br>comparative legal, formal legal methods, etc.) research methods. <br>The author characterizes the legal relations for protection of the rights of <br>consumers of medical services. The author identifies the main participants of such <br>relations, in particular, consumers of medical services and providers of these <br>services, as well as auxiliary subjects, which include lawyers providing legal <br>advice on mechanisms for protecting medical rights, courts and other state bodies <br>responsible for implementing health care policy. The author substantiates that <br>legal relations for the protection of healthcare consumers’ rights are <br>characterized by the following features: emergence and implementation in the <br>healthcare sector; participation of entities with a special legal status (e.g., a <br>patient - a medical institution); comprehensive application of legal provisions on <br>healthcare law and consumer protection legislation; and the existence of a <br>violation of healthcare rights. <br>The author concludes that the basis for the emergence of legal relations for <br>the protection of the rights of healthcare consumers is the legal fact of violation of <br>the patient’s medical rights in the form of a medical tort. At the same time, the <br>object of protection of the rights of consumers of medical services is an absolute <br>good - personal intangible goods (life, health).</p> V.I. TEREMETSKYI Copyright (c) 2023 В.І. ТЕРЕМЕЦЬКИЙ http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/405 Sun, 22 Oct 2023 00:00:00 +0300 FEATURES OF ENTREPRENEURIAL ACTIVITY AS AN OBJECT OF ADMINISTRATIVE-LEGAL REGULATION https://vca.univd.edu.ua/index.php/vca/article/view/411 <p>The article is devoted to the theoretical and legal analysis of <br>entrepreneurial activity as an object of administrative-legal regulation. Special <br>attention is paid to the main problems of the development of entrepreneurial <br>activity under martial law and economic crisis. A definition of the concept of <br>"entrepreneurial activity" is proposed, and the key features of such activity are <br>listed. The opinion is substantiated that entrepreneurial activity is controlled and <br>regulated by the state using an administrative-legal mechanism. The author's <br>definition of the concept of "administrative-legal regulation of entrepreneurial <br>activity" is proposed. The main tasks of administrative-legal regulation of <br>entrepreneurial activity are determined, in particular: ensuring administrative-<br>legal protection of entrepreneurial activity; implementation of administrative <br>control and supervision over compliance with legislation in the specified area; <br>ensuring compliance with fair competition; compliance with the administrative <br>procedure in the field of state registration of legal entities and individual <br>entrepreneurs, etc. The main instruments of administrative and legal influence on <br>entrepreneurial activity are characterized, such as: technical regulation; state <br>registration of business entities; licensing, standardization, certification; granting <br>of permits, patents, quotas; state economic support for business entities, etc. The <br>thesis is substantiated that entrepreneurial activity is an object of influence of <br>administrative law norms. It is stated that entrepreneurial activity is a complex, <br>multifaceted object of administrative and legal regulation. It is found out that <br>thanks to special administrative instruments, the state ensures compliance with <br>the law, protects public interests and creates conditions for sustainable business <br>development. It is summarized that entrepreneurial activity, as an object of <br>administrative and legal regulation, is characterized by a combination of <br>economic freedom and administrative and legal supervision and control. The <br>article identifies the main characteristic features of entrepreneurial activity, as an <br>object of administrative and legal regulation.</p> O.V. VAPLYARUK Copyright (c) 2023 О.В. ВАПЛЯРУК http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/411 Sun, 22 Oct 2023 00:00:00 +0300 TASKS OF THE ACTIVITIES OF THE DEPARTMENTS OF OPERATIONAL- TERRITORIAL ASSOCIATIONS OF THE NATIONAL GUARD OF UKRAINE AS SUBJECTS OF ENSURING NATIONAL SECURITY https://vca.univd.edu.ua/index.php/vca/article/view/412 <p>The article emphasizes that the activities of any public authority consist of a <br>system of interrelated tasks, some of which, the most fundamental, organically <br>arise from state policy and are defined at the regulatory and legal level, and some <br>reflect the main trends in the development of society and the state, the latest <br>digital and technological achievements of mankind, including crisis challenges <br>facing the state, in particular epidemics (pandemics), emergencies and martial <br>law. <br>It is argued that the basis of the tasks of ensuring national security are <br>combat tasks, which become a tactical tool for their implementation in the <br>conditions of active hostilities. The tasks of ensuring national security determine <br>the goals and scope of combat tasks, forming the ideological, organizational, <br>regulatory and legal foundations of their implementation, determining their <br>vocation in view of a comprehensive vision of the main threats to political, <br>military, economic and information security. It is noted that the specifics of the <br>implementation of tasks to ensure national security are closely related to the <br>context within which they are directly implemented. This context is formed by the <br>dynamics of hostilities, the foreign policy component, as well as current economic <br>and financial problems. <br>It is emphasized that, given the outlined provisions, the leading tasks of the <br>departments of the operational-territorial formations of the National Guard of <br>Ukraine as subjects of ensuring national security, which were especially relevant <br>in the conditions of a full-scale invasion, should include: protection of state <br>sovereignty and territorial integrity; protection of critical infrastructure; <br>operational and combat training of military personnel; international cooperation <br>in the field of ensuring national security.</p> O.O. SAKHON Copyright (c) 2023 О.О. САХОН http://creativecommons.org/licenses/by/4.0 https://vca.univd.edu.ua/index.php/vca/article/view/412 Sun, 22 Oct 2023 00:00:00 +0300