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 informational reference analyzes the issues of improving the legal mechanism for exercising the powers of the Antimonopoly Committee of Ukraine to bring to administrative responsibility officials of state authorities and local governments for violations of legislation on economic competition, eliminating conflicts between the norms of industry laws and the Code of Ukraine on Administrative Offenses, which define such violations. The relevant analysis was conducted in the context of the proposals provided for in the draft Law of Ukraine (No. 12441-1, dated 10.02.2025).
The draft law is considered to comply with the requirements of the Constitution of Ukraine, the fundamental principles of law-making, the norms of the current legislation on administrative responsibility, the laws of Ukraine in the field of ensuring state protection of economic competition and combating unfair competition in economic activity. The analysis revealed risks that may further impede the proper implementation of the law during law enforcement activities and the achievement of the goal declared therein, aimed at legislatively ensuring competitive relations and limiting monopolies in the economy of Ukraine, preventing actions of officials to eliminate or limit the conditions of economic competition.
Key words: administrative offenses, administrative liability, imposition of administrative penalties, conflicts of norms, officials, economic competition, unfair competition, Antimonopoly Committee of Ukraine.
02/2025
Abstract. The informational reference analyzes the issues of improving the institute of appeal in criminal proceedings, in particular such a procedural document as a court ruling, which resolved the issue of the fate of material evidence and documents upon the closure of criminal proceedings. The proposal is considered to supplement Article 100 of the Criminal Procedure Code of Ukraine with Part Thirteen, which provides for the possibility of an appeal and cassation appeal of a court definition, which resolved the issue of the fate of material evidence and documents after the closure of criminal proceedings by an investigator or prosecutor, for compliance with the fundamental principles of law-making activity, the norms of current criminal procedural legislation. Some risks are indicated that may hinder the proper implementation of the draft law during law enforcement activities.
Key words: criminal proceedings, investigator, prosecutor, closure of criminal proceedings, material evidence, documents, decision.
02/2025
Abstract. The informational reference considers the issue of clarifying the grounds for exemption from criminal liability due to effective remorse in the context of the draft law (No. 12432, dated 21.01.2025).
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of lawmaking, and the provisions of current legislation on criminal liability were analyzed.
Key words: criminal liability, effective remorse, conditions of release, criminal offenses, repetition, aggregation, relapse.
02/2025
Abstract. The informational reference analyzes the grounds for determining the amount and assigning a one-time cash benefit in the event of the loss (death) of a police officer during martial law in the context of the draft law (No. 12456, dated 29.01.2025).
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of lawmaking, and the provisions of current legislation on criminal liability were analyzed.
Key words: one-time cash assistance, service, combat missions, police officer, loss, death, martial law.
02/2025
Abstract. The informational reference considers the issue of administrative liability for parking, stopping, and standing of vehicles in places designated for vehicles driven by drivers with disabilities and drivers transporting persons with disabilities, in the context of the draft law (No. 12444, dated 27.01.2025). Based on the results of the analysis, the risks of the draft law were identified.
Key words: administrative liability, administrative offense, traffic rules, parking, stopping, parking of vehicles, fine.
02/2025
Abstract. The informational reference analyzes the procedure and deadlines for appealing decisions of investigating judges. In particular, it examines the question of whether the person who filed the appeal complied with the deadline for appealing, as provided for in Article 395 of the Criminal Procedure Code of Ukraine. The analysis identifies risks that may further impede the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared therein.
Key words: appeal, decision of the investigating judge, procedural term, beginning of the term, determination of the moment of expiration of the term, circumstances affecting the course of the term.
02/2025
Abstract. The informational reference considers the grounds for introducing criminal liability for officials of the territorial recruitment and social support center, healthcare institutions for failure to perform, negligent performance of official duties in the context of the draft law (No. 12442-1, dated 10.02.2025).
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current legislation on criminal liability, and the laws of Ukraine regulating public relations in the field of defense, mobilization training, and mobilization were analyzed.
Key words: criminal liability, defense, mobilization, military medical commission, recruitment and social support center, illicit enrichment, punishment.
02/2025
Abstract. The informational reference examines the grounds for strengthening administrative liability for violations of the right to information and the right to appeal based on national, racial or religious enmity and hatred, anti-Semitism in the context of the draft law (No. 13001, dated 05.02.2025) (hereinafter - the draft law).
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current legislation on administrative responsibility, and the laws of Ukraine regulating public relations in the field of preventing and countering anti-Semitism were analyzed.
Key words: administrative liability, offenses, national, racial, religious enmity, the Commissioner for Human Rights.
02/2025
Abstract. The informational reference examines the grounds for introducing administrative liability of state cadastral registrars, as well as other public registrars, for violating the legislation on the State Land Cadaster in the context of the draft law (No. 12454, dated 28.01.2025).
The draft law’s compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current legislation on administrative liability, and the laws of Ukraine regulating public relations in the field of registration of information about lands located within the state border of Ukraine were analyzed.
Key words: administrative liability, land cadaster, cadastral registrars, public registrars, offenses.
02/2025
Abstract. The informational reference examines issues related to the implementation of additional procedural guarantees to protect the rights, freedoms and legitimate interests of participants in criminal proceedings, in particular, persons carrying out economic activities on the territory of Ukraine under martial law. The research was conducted in the context of the proposals provided for in the above-mentioned draft law No. 12439, dated 24.01.2025. The draft law is considered to be in compliance with the provisions of the Constitution of Ukraine, the requirements for law-making activities, and the fundamental principles of criminal procedural legislation.
The results of the study revealed risks that may hinder the proper implementation of the draft law during law enforcement activities, the achievement of the goal declared therein, aimed at legislative ensuring of strengthening the protection of the rights and freedoms of persons participating in criminal proceedings, in particular, the elimination of conditions for possible unlawful interference by the pre-trial investigation bodies in the legitimate activities of business entities.
Key words: Criminal Procedure Code of Ukraine, participants in criminal proceedings, procedural actions, pre-trial investigation, trial, court decision, business entities.
02/2025