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Abstract. The informational reference analyzes the restoration of the functioning of military courts in the context of changes to criminal procedural and administrative tort legislation regarding the introduction of subject matter jurisdiction of military courts of garrisons. The possibility of ensuring in the proposed way an increase in the efficiency of the administration of justice in cases of military offenses, strengthening military discipline and law and order, and the implementation of international standards in this area is considered. Some risks are indicated that may hinder the proper implementation of the purpose of the draft law during law enforcement activities.
Key words: criminal proceedings, proceedings in cases of administrative offenses, military courts, military justice, subject matter jurisdiction.
03/2025
Abstract. The informational reference analyzes the legal grounds for establishing administrative liability of officials for violations of legal norms during the planning and development of territories, which led to violations of the rights of persons with disabilities and low-mobility population groups. The relevant analysis was conducted in the context of the draft law (No. 13021, dated 17.02.2025). The draft law is considered to comply with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of current legislation on administrative liability, the laws of Ukraine in the field of legal regulation of urban planning activities and ensuring social protection of persons with disabilities.
The analysis revealed risks that may further impede the proper implementation of the provisions of the draft law during law enforcement activities and the achievement of the goal declared therein, aimed at holding accountable for violations of the rights of persons with disabilities and other groups of people with limited mobility regarding unhindered access to buildings, structures of any purpose, and safety standards of such facilities for this category of persons.
Key words: administrative offenses, administrative liability, officials, urban planning activities, planning and development of territories, violations of legislation, persons with disabilities, low-mobility population groups.
03/2025
Abstract. The informational reference examines the legal basis for improving the procedure for international cooperation in criminal proceedings regarding the identification, tracing, and return of assets obtained as a result of corruption and other crimes. The above issues are examined in the context of the draft law (No. 12446, dated 27.01.2025. The draft law is considered to comply with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of current criminal and criminal procedural legislation, the provisions of program documents and laws of Ukraine that regulate public relations in the specified area.
The results of the research identified 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 creating effective legal mechanisms for the return of assets obtained through criminal means.
Key words: Criminal Procedure Code of Ukraine, corruption criminal offenses, criminal proceedings, international cooperation, request for international legal assistance, Central Authority of Ukraine, National Agency of Ukraine for the Identification, Tracing and Management of Assets Obtained from Corruption and Other Crimes (National Agency, ARMA), identification, tracing and management of assets.
02/2025
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