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Abstract. The analytical note considers the grounds for holding drivers accountable for driving while intoxicated in certain European countries.
Forms of legislative consolidation of legal responsibility are analyzed; types of measures to influence offenders and certain procedural aspects of considering cases of liability for driving while intoxicated.
The experience of legal regulation of liability of drivers for driving while intoxicated is summarized in the legislation of Great Britain, Italy, Latvia, Lithuania, the Netherlands, Germany, Poland, France.
Key words: administrative liability, criminal liability, driving, intoxication, per mille, prosecutor.
04/2024
Abstract. The analytical note examines the peculiarities of legal regulation of prevention and counteraction to domestic violence, determined by the current legislation and law enforcement activities of relevant state and non-state institutions in the USA and the states of the EU.
The following issues are considered: legislative support of the specified sphere of public relations; creation and functioning of a register of cases of domestic violence, registers of persons who committed domestic violence and suffered from these acts; principles of protection and mechanisms of control over observance of rights and vital interests of victims of domestic violence; providing comprehensive and timely assistance to affected persons by entities specializing in the implementation of measures aimed at preventing and combating domestic violence; coordination of activities of such entities, ways to optimize their information interaction; availability of call centers, hotlines and other institutions to provide free advice on preventing and combating domestic violence, including against children; grounds and procedure for prosecution for domestic violence.
The above-mentioned questions are analyzed in detail on the example of the USA, such member states of the EU as Bulgaria, Estonia, Spain, Netherlands, Poland, France, Croatia, Sweden, Great Britain.
Key words: domestic violence, prevention and counteraction, victim, child, offender registry, telephone hotlines, liability.
Abstract. The analytical note explores the peculiarities of legislative regulation in individual countries of issues related to responsibility for providing false information by migration authorities ("migration fraud"). In this context, the grounds and procedure for prosecution for providing false statements, explanations, documents containing false information to the migration authorities for the identification of persons, otherwise misleading employees of the migration services in order to obtain passports or other documents certifying or confirming identity are considered her special status (refugee, asylum seeker, etc.), distinctive and common features of such responsibility.
In addition, the types and subjects of responsibility for such actions, the types of fines (punishments) applied for their commission, as well as the bodies authorized to apply them, the specifics of the responsibility of witnesses and translators who are involved for the identification a person and provide about him knowingly false information are explored.
These issues are analyzed on the example of the USA, Great Britain, as well as the following member states of the European Union: Germany, France, Italy, the Netherlands, Poland, Latvia, Lithuania.
Key words: migration, immigration, migration fraud, false information, deception of migration authorities, criminal liability, administrative liability, foreign countries.
11/2023
Abstract. It focuses on the legislative regulation of the criminalisation of ecocide in European countries. Also, it provides analysis on legal acts that establish the grounds for criminal liability for the destruction of flora and/or fauna, poisoning of the atmosphere or water resources, and actions that may cause an environmental disaster. The criminal and environmental legislation of 19 countries is reviewed.
Key words: criminal liability, ecocide, mass destruction of the environment, flora and fauna.
08/2023
Abstract. The analytical note provides a comparative analysis of the criminal procedure legislation of Ukraine, nine European countries and two post-Soviet countries with regard to the appointment of a new trial in the court of first instance. It gives the reasons for the appellate court (court of appeal) to set aside a first instance court's judgment as well as provides analysis of the grounds that fall under the category of «significant non-compliance with the requirements of the criminal procedure». Also, it has been found out the common and distinctive features of the provisions of the Criminal Procedural Code of Ukraine and criminal procedural laws of Germany, Bulgaria, Serbia, Slovakia, Croatia, Czech Republic, Poland, Estonia, Latvia, Moldova and Georgia. The Annex 1 provides a comparative table on the basics for the appellate court to set aside the judgement of the court of first instance and to remand the case (criminal proceedings) for a retrial / new trial to the court of first instance – in terms of the grounds stipulated by Article 415 of the CPC of Ukraine.
Key words: criminal proceedings, court of first instance, appellate instance, court judgement, setting aside the judgement, significant non-compliance with the requirements of the criminal procedure, retrial / new trial, foreign experience.
05/2023
Abstract. In the analytical note features of legislation are discussed EU countries in the context of the legal regulation of transport parking means and payment for parking, temporary detention of transports means by blocking them and forced evacuation are researched. The differences and common features of the envisaged grounds and procedures for such detention, subjects applying this procedure, rights and obligations owners of relevant vehicles, etc. are considered.
Key words: vehicle, parking, parking fee, vehicle locking, forced evacuation of the vehicle.
05/2023
Abstract. The principles, procedure and features of the system of execution of sentences and probation in foreign countries are researched in the analytical note (in particular, in the context of the effectiveness of the organization of the process of execution of punishment and the possibility of Ukraine's borrowing progressive practices of foreign countries in the treatment of convicts).
Key words: penitentiary system, execution of punishment, penitentiary bodies and institutions, probation, convicted persons, prisoners.
03/2023