Informational references
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Abstract. The Informational reference analyzes the provisions of the draft law of Ukraine "On Amendments to Section XII “Final and Transitional Provisions” of the Law of Ukraine “On the Judiciary and the Status of Judges” regarding the payment of a special supplement to a judge of a local court" ; examines the compliance of the draft law with the requirements of the Constitution of Ukraine, the Law of Ukraine “On the Judiciary and the Status of Judges”, as well as with the provisions of budget legislation. Based on the results of the analysis, risks are identified 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: judicial remuneration, special allowances, guarantees of judicial independence, a unified status of judges in Ukraine.
12/2024
Abstract. The Informational reference analyzes the issues of harmonizing the norms of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC of Ukraine) regarding the procedure for conducting such a covert investigative (detective) action (CIDA) as “arrest, inspection and seizure of correspondence” with the special terminology of the Law of Ukraine “On Postal Communication” in the context of the proposals provided for in the draft Law of Ukraine (No. 12294, dated 06.12.2024).
In particular, the draft law is considered to comply with the requirements of the Constitution of Ukraine, the fundamental principles of law-making and criminal procedural legislation, and the laws of Ukraine regulating public relations in the field of postal communications. The results of the research 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 the compliance of the procedural terminology used for the procedure of arrest, inspection and seizure of correspondence with the norms of special sectoral legislation.
Key words: Criminal Procedure Code of Ukraine, covert investigative (detective) actions, seizure of correspondence, inspection and seizure of correspondence, postal items, postal facilities, material carriers of information transmission.
12/2024
Abstract. The Informational reference considers the issue of strengthening criminal liability for animal cruelty in the context of the draft law (No. 12289, dated 06.12.2024).
The draft law was analyzed for 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 animal treatment.
Key words: criminal liability, animals, cruelty, firearms, edged weapons, pneumatic weapons, devices for shooting cartridges.
12/2024
Abstract. The Informational reference considers the issues of improving the grounds for criminal liability for the commission of certain corruption and corruption-related criminal offenses and the peculiarities of applying preventive measures during martial law in the context of the draft law (No. 12287, dated 06.12.2024).
The draft law is analyzed for 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 combating corruption.
Key words: criminal liability, corruption offenses, pre-trial investigation, martial law, state of emergency, punishment.
12/2024
Abstract. The Informational reference considers the issue of normalizing the powers of the State Bureau of Investigation regarding the management of state-owned objects in the context of the draft law (No. 12286, dated 04.12.2024).
Key words: management of state property, State Bureau of Investigation, state property, subject of management of state property, authority.
12/2024
Abstract. The Informational reference examines and analyzes the issues of improving criminal liability for the illegal use of humanitarian aid by state and municipal enterprises in the context of the draft law (No. 12250, dated 26.11.2024).
The draft law is analyzed for 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 the use of humanitarian aid.
Key words: criminal liability; humanitarian aid; state, municipal enterprises; illegal use of humanitarian aid; official; punishment.
12/2024
Abstract. The Informational reference analyzes the issues of establishing administrative liability for actions related to the failure to publish the video recording of the plenary sessions of local government bodies and the distortion of the content of this video recording, in the context of the proposals provided for in the draft law of Ukraine (No. 12186, dated 07.11.2024).
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 responsibility, and the laws of Ukraine regulating public relations in the field of local self-government, including the procedure for holding plenary sessions of local councils.
The results of the research 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 establishing the administrative liability of local government officials for interfering with the video recording of a plenary meeting of a session of local government bodies, failure to store and publish the relevant video recording.
Key words: administrative liability, violation of the right to information, local government officials, video recording of a plenary session, interference with the video recording of a plenary session, failure to store and publish a video recording of a plenary session.
12/2024
Abstract. The Informational reference addresses the issues of improving the grounds for liability for the import, manufacture, sale and distribution of pornographic items in the context of the draft law (No. 12191 of 11.11. 2024).
The draft law is analyzed for 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 that regulate public relations in the field of protecting public order and morality.
Key words: criminal liability, offenses against morality, pornographic items, minors, decriminalization.
11/2024
Abstract. The Informational reference addresses the issue of increasing liability for the forgery, sale or use of forged documents relating to the presence of a disability, in the context of the draft law (No. 12171 of 31.10. 2024).
The draft law is analyzed for 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 disability recognition.
Key words: criminal liability, forgery, sale, use of forged documents, official, disability, punishment.
11/2024
Abstract. The Informational reference analyzes problematic issues regarding determining the moment of detection of an administrative offense, as well as the place of commission of the offense of untimely submission of a declaration by a person authorized to perform state or local government functions without good reason, in the context of the draft law No. 12203 of 13.11.2024).
In particular, 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 bringing to administrative responsibility and proceedings in cases of administrative offenses, the laws of Ukraine in the field of corruption prevention, and relevant judicial practice.
The results of the research 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 improving the provisions of the law regarding the moment of detection of an administrative offense and the grounds for bringing to administrative responsibility for the untimely submission of a declaration by a person authorized to perform state or local government functions without good reason.
Key words: administrative liability; administrative proceedings; imposition of an administrative penalty; date of detection of an administrative offense; place of commission of an administrative offense; administrative offenses related to corruption.
11/2024