Informational references
- all topics
- legal policy
- public authority
- National security and defense
- Law-enforcement and judicial activity
- Humanitarian and social policy
- Economic and financial policy
- Branch policy
- Analytical periodicals
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Procedural Code of Ukraine regarding the specifics of the application of security measures in corruption and corruption-related criminal proceedings during martial law» (Reg. No. 11466 dated 07.08.2024).
In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the principles of law-making activity, and the fundamental norms of the criminal and criminal procedural legislation of Ukraine is considered. Based on the results of the analysis, risks are identified that may in the future hinder the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it, related to the improvement of the legal regulation of the grounds and order of application of measures to ensure criminal proceedings in relation to corruption and corruption-related criminal offenses during martial law.
Key words: criminal proceedings, martial
law, precautionary measures, detention, corruption
criminal offenses, criminal offenses related to corruption, serious crimes,
especially serious crimes, the suspect, accused.
08/2024
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses on strengthening liability for violations of cultural heritage protection legislation» (Reg. No. 11458, dated 02.08.2024). In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal and administrative-delict legislation, laws of Ukraine regulating public relations in the field of cultural heritage protection, preservation of historical monuments and other objects of cultural value are considered, and also establish responsibility for violation of their requirements. According to the results of the research, risks were identified that may in the future hinder the proper implementation of the law during law enforcement activities and the achievement of the goal declared in it, aimed at strengthening criminal and administrative responsibility in the field of protection of cultural heritage and other objects of cultural value.
Key words: criminal liability, administrative liability, objects of cultural heritage, violation of legal requirements regarding objects of cultural heritage, destruction and damage of objects of cultural heritage, criminal punishment, administrative penalty, fine.
08/2024
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in connection with the ratification of the Rome Statute of the International Criminal Court and its amendments» (No. 11484 dated 15.08.2024). The compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal and criminal procedural legislation, and other laws of Ukraine regarding ensuring the inevitability of criminal prosecution for international crimes is considered.
Certain risks have been singled out, which in the future may hinder the proper implementation of the draft law during law enforcement activities.
Key words: criminal liability, crimes
against humanity, Rome Statute of the International Criminal Court,
ratification.
Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and other legislative acts on bringing the liability of legal entities for the commission of corruption criminal offenses into compliance with international standards» (Reg. No. 11443-1, dated 09.08.2024) in the context of its compliance with the requirements of the Constitution of Ukraine, industry legislation, the fundamental principles of law-making activity, in view of the introduction of an effective mechanism of liability of legal entities for corruption criminal offenses. The risks that may further hinder the proper implementation of the draft law during law enforcement activities are outlined.
Key words: criminal liability, corruption
offences, legal entity, special confiscation, criminal law measures, court
decision to apply criminal law measures to a legal entity.
08/2024
Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine, in connection with the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Creation and Strengthening of the Independence of the Military Police of Ukraine and the Specialized Military Prosecutor's Office"» (Reg. No. 11406, dated 15.07.2024).
In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current administrative-delict and criminal legislation, the provisions of programmatic and international legal documents that determine the tasks, functions and peculiarities of the legal regulation of the bodies that make up the system of Military Justice are considered, including the Military Police and the Specialized Military Prosecutor's Office, the norms of the Convention on the Protection of Rights and Fundamental Freedoms (European Convention on Human Rights).
Based on the results of the research, risks are identified that may further hinder the proper implementation of the law during law enforcement activities and the achievement of the stated goal of legal support for the start of the operation of the Military Police and the Specialized Military Prosecutor's Office.
Key words: administrative offenses, proceedings in cases of administrative offenses, officials, bodies of the Military Police of Ukraine, the Specialized Military Prosecutor's Office, military personnel, criminal liability, criminal offenses.
Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and other legislative acts of Ukraine on bringing the liability of legal entities for the commission of corruption criminal offenses into compliance with international standards» (Reg. No. 11443, dated 25.07.2024).
The compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal and criminal procedural legislation, other laws of Ukraine regarding the introduction of an effective mechanism of liability of legal entities for corruption criminal offenses is considered.
Certain risks have been singled out, which in the future may hinder the proper implementation of the draft law during law enforcement activities.
Key words: criminal liability, corruption offences, legal entity, special confiscation,
measures of a criminal legal nature.
07/2024
Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine "On Amendments to Article 45 of the Law of Ukraine «On the National Police" regarding the features of the use of special means» (Reg. No. 11420, dated 19.07.2024), considered the issue of improving the legal bases and features of the use of special means, namely electric shock devices, against persons who are suspected of committing an offense and who resist a police officer or try to escape, including from custody. Based on the results of the analysis, the risks of the draft law were determined.
Key words: police officer, special means,
protection of public order, crime prevention, offender, arrest of a person, use
of electric shock device.
07/2024
Abstract. The analytical note considers the issues of exemption from the application of an administrative penalty for violation of legislative requirements and requirements of other regulatory legal acts regarding exceeding the permitted noise level in the case of using installations that produce electricity (electric generators). Based on the results of the analysis, the risks of the presented Draft Law are studied.
Key words: administrative offenses, exemption from administrative liability, noise level, electric generator, electricity.
07/2024
Abstract. The analytical note considers the provisions of Draft Code of Ukraine on Administrative Misdemeanors (Reg. No. 11386, dated June 28, 2024)
In particular, the compliance of the Draft Code with the provisions of the Constitution of Ukraine, the fundamental principles of law-making activity, the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms and other international legal acts, the decision of the European Court of Human Rights, the relevant Recommendations of the Committee of Ministers of the Council of Europe and the legislative norms of the European Union states is considered, in general modern European standards in the field of proceedings in cases of administrative misdemeanors (offences) and trends in the development of administrative-delict legislation.
Key words: Code of Ukraine on administrative misdemeanors, grounds for its adoption; structure of the Draft Code; administrative misdemeanors, concepts, subjects and general principles of liability for their commission; administrative penalty, their concepts and types; proceedings in cases of administrative misdemeanors; participants in the proceedings; administrative body; consideration and resolution of cases of administrative misdemeanors; administrative act; appeal and execution of an administrative act.
07/2024
Abstract. The analytical note considers the provisions of the Draft Law of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine regarding the improvement of the efficiency of plea agreements» (No. 11340, dated June 14, 2024), as well as alternative Draft Laws of Ukraine (No. 11340-1, dated July 01, 2024 and No. 11340-2, dated July 01, 2024). In particular, the compliance of draft laws with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal procedural legislation of Ukraine and the practice of the European Court of Human Rights in the field of criminal justice is considered.
Based on the results of the research, risks are identified that may further impede the proper implementation of the draft laws in the course of law enforcement activities and the achievement of their stated objectives, which are aimed at improving national legislation on the legal regulation of the grounds and procedure for concluding plea agreements in criminal proceedings concerning corruption and corruption-related criminal offences.
Key words: criminal proceedings, pre-trial investigation, court proceedings, corruption criminal offenses, grave and especially grave crimes, plea agreement, terms of concluding and approving a plea agreement, court verdict, sentencing, fine, imprisonment, release from serving punishment.
07/2024