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Abstract. The informational reference addresses the issue of renaming certain local general courts in compliance with the requirements of the Laws of Ukraine «On Condemnation of Communist and National Socialist (Nazi) Totalitarian Regimes in Ukraine and Prohibition of Propaganda of Their Symbols», «On Supporting the Functioning of the Ukrainian Language as the State Language», «On Naming Legal Entities and Property by Names (Aliases) of Natural Persons, Dates of Anniversaries and Holidays, and Names and Dates of Historical Events» in the context of the Draft Law of Ukraine (No. 12351 dated December 24, 2024).
Keywords: renaming, name, judiciary, local court, unified state register, decommunisation.
12/2024
Abstract. The informational reference addresses the issue of strengthening liability for intentional annihilation, destruction or damage to cultural heritage objects or cultural property or concealment of documents of the National Archival Fund in the context of the Draft Law of Ukraine (No. 12310, dated December 12, 2024).
The compliance of the Draft Law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making, the provisions of the current legislation on administrative and criminal liability, and the laws of Ukraine regulating public relations in the field of circulation and protection of cultural property and cultural heritage is analyzed.
Keywords: criminal liability, protection, cultural property, cultural heritage, archaeological monuments, destruction, annihilation.
12/2024
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 considers the issue of strengthening administrative liability for violations and abuses in the wholesale energy market in the context of the draft Law of Ukraine (No. 12299, dated 09.12.2024).
Key words: administrative liability, administrative penalty, fine, wholesale energy market participant, energy product, abuse.
12/2024
Abstract. The informational reference contains the results of the analysis of the Draft Law of Ukraine ‘On Amendments to Part Two of Article 32 of the Civil Code of Ukraine regarding the improvement of the procedure for legal transactions by a minor’.
Keywords: minor, owner, legal transactions, real estate, real estate under construction, future object of real estate, vehicles, alienation, division, allocation of property, guardianship and custody authority, legal consent.
12/2024
Abstract. The Informational reference analyzes the issues of harmonizing the provision of the Criminal Code of Ukraine, which establishes criminal liability for inciting minors to doping, with the requirements of the current anti-doping legislation in the context of the proposals provided for in the draft Law of Ukraine "On Amendments to Article 323 of the Criminal Code of Ukraine" (No. 12280, dated 03.12.2024).
The draft law is considered to comply with the requirements of international legal acts in the field of anti-doping activities, the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of current criminal legislation, and the laws of Ukraine on preventing and combating the use and spread of doping in sports.
The results of the research revealed risks that may further impede the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared therein, aimed at ensuring the responsibility of coaches and other persons for the distribution of substances and methods prohibited in sports among minors or minors.
Key words: Criminal Code of Ukraine, criminal liability, anti-doping legislation, minors and juveniles, incitement to doping, prohibited substances and methods.
12/2024
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