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 considers the issue of administrative liability for parking, stopping, and standing vehicles in places designated for vehicles driven by drivers with disabilities, drivers transporting persons with disabilities, and drivers transporting children under the age of three, in the context of the draft law No. 12436, dated 22.01.2025. The analysis identified the risks of the draft law.
Key words: administrative liability, traffic rules, parking, vehicle parking, fine, persons with disabilities, children under three years of age.
02/2025
Abstract. The informational reference analyzes the grounds and procedure for transferring seized assets during criminal proceedings to the management of the National Agency of Ukraine for the detection, search and management of assets derived from corruption and other crimes. These problems are examined in the context of the provisions of the above-mentioned draft law No. 12387, dated 08.01.2025.
The review considers, among other things, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of current criminal procedural legislation, the provisions of program documents and laws of Ukraine that regulate public relations in the field of preventing and combating corruption, and the anti-corruption activities of authorized state bodies.
The results of the research identified risks that will hinder the effective implementation of the bill during law enforcement activities and the achievement of its declared goal of legislatively ensuring effective judicial control over the use of assets seized during criminal proceedings and preserving their economic value.
Key words: Criminal Procedure Code of Ukraine, corruption criminal offenses, National Agency of Ukraine for Identification, Tracing and Management of Assets Obtained from Corruption and Other Crimes, ARMA, asset management, investigating judge, court, consideration of the petition, decision of the investigating judge, appeal against the decision.
02/2025
Abstract. The informational reference considers the issue of strengthening administrative liability for violation of legislation on the protection of economic competition in the context of the draft law of Ukraine (No. 12441, dated 26.01.2025).
Key words: administrative liability, fine, protection of economic competition, unfair competition, Antimonopoly Committee of Ukraine, anticompetitive actions.
01/2025
Abstract. The informational reference analyzes the features of the pre-trial investigation of criminal offenses related to the disappearance of missing persons under special circumstances under martial law. A proposal is being considered to grant the prosecutor the right to determine the place of pre-trial investigation of criminal offenses provided for in articles 115, 146-1 and 438 of the Criminal Code of Ukraine, related to the disappearance of missing persons under special circumstances in connection with armed conflict, hostilities, temporary occupation of part of the territory of Ukraine for compliance with the fundamental principles of law-making activity, the norms of current criminal procedural legislation. Some risks have been identified that may impede the proper implementation of the bill during law enforcement activities.
Key words: pre-trial investigation, missing persons, place of pre-trial investigation, prosecutor, territorial jurisdiction, martial law, special circumstances.
01/2025
Abstract. The informational reference considers the issue of improving criminal and criminal procedural legislation to prevent unfounded criminal prosecution of business entities, delimitation of tax and criminal legal relations, and optimization of the burden on the law enforcement system in the context of the draft law No. 12425, dated 20.01.2025.
Certain risks have been allocated, which in the future may impede the proper implementation of the draft law during law enforcement activities.
Key words: criminal liability, taxpayers, single contribution to compulsory state social insurance, criminal offenses, criminal proceedings.
01/2025
Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine "On Amendments to the Law of Ukraine "On the National Agency of Ukraine for the Identification, Search and Management of Assets Obtained from Corruption and Other Crimes" regarding guarantees of independence and strengthening institutional capacity. (No. 12374, dated 02.01.2025), as well as alternative draft laws (No. 12374-1, dated 08.01.2025, No. 12374-2, dated 14.01.2025).
The results of the research revealed risks that may further hinder the effective implementation of draft laws during law enforcement activities and the achievement of their declared goals, which are aimed at improving the legal framework of the activities of the National Agency of Ukraine for the Identification, Search and Management of Assets Obtained from Corruption and Other Crimes, as well as at legislatively ensuring transparent and effective mechanisms for its functioning.
Key words: corruption criminal offenses, Criminal Procedure Code of Ukraine, ARMA, authority, legal status, competitive selection, external independent audit, management and storage of assets.
01/2025
Abstract. The informational reference considers the issue of strengthening responsibility for the demonstration or distribution of films without entering into the State register of films, violation of the conditions for the distribution and demonstration of films established by the legislation on cinematography, non-compliance by officials, citizens - subjects of cinematography with the quota of demonstration of national films during the use of national screen time in the context of the draft law (No. 12383, dated 07.01.2025).
Key words: State register of films, cinematography, demonstration, distribution, quotas, national screen time, fine, liability, cinematography management bodies.
01/2025
Abstract. The Information Note considers the issue of clarifying the grounds for criminal liability for illegal enrichment of persons who are equated with persons authorized to perform state or local government functions in the context of the draft Law of Ukraine (No. 12366, dated 30.12.2024).
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 corruption prevention were analyzed.
Key words: criminal liability, unjust enrichment, corruption offenses, person authorized to perform state or local government functions.
01/2025
Abstract. The Informational reference considers the issue of improving the grounds for liability for violation of the legislation regulating the functioning of the wholesale energy market in the context of the draft Law of Ukraine (No. 12299-1, dated 26.12.2024).
The compliance of the Draft Law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current legislation on administrative and criminal liability, and the laws of Ukraine regulating public relations in the energy sector were analyzed.
Key words: administrative liability, criminal liability, fine, wholesale energy market, energy product, abuse.
01/2025
Abstract. The Informational reference analyzes the provisions of the draft Law of Ukraine "On Amendments to the Criminal Procedure Code of Ukraine and the Law of Ukraine "On the Prosecutor's Office" regarding the elimination of obstacles for parties to criminal proceedings in access to justice" (No. 12367, dated 30.12.2024). The draft law is being reviewed for compliance with the requirements of the Constitution of Ukraine, the fundamental principles of lawmaking, and the norms of current criminal procedural legislation regarding the regulation of pre-trial investigation deadlines and the elimination of obstacles for parties to criminal proceedings in accessing justice.
Certain risks have been allocated that may further hinder the proper implementation of the Draft Law during law enforcement activity.
Key words: pre-trial investigation, pre-trial investigation deadlines, prosecutor, notification of suspicion, closure of criminal proceedings.
01/2025