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.

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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.

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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.

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01/2025

Abstract. The informational reference addresses the issues of prohibition under martial law of entry and stay of citizens in settlements from which general mandatory evacuation is carried out, strengthening of public order during martial law, as well as the exercise of police powers in ensuring and implementing measures of the legal regime of martial law in the context of the Draft Law No. 12354 dated December 23, 2024.

Keywords: administrative liability, legal regime of martial law, general mandatory evacuation, ensuring public order, area of military (combat) operations, entry violation, stay in settlements, fine, curfew. 

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12/2024

Abstract. The informational reference addresses the issue of improving the grounds for criminal liability for systematic domestic violence in the context of the Draft Law of Ukraine (No. 12290 dated December 06, 2024).

The compliance of the Draft Law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making, the provisions of current legislation on administrative and criminal liability, and the laws of Ukraine regulating public relations in the field of preventing and combating domestic violence is analyzed.

Keywords: criminal liability, systematicity, prevention, domestic violence, punishment.

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12/2024

Abstract. The informational reference addresses the issue of improving the grounds for criminal liability for offences related to domestic violence, and certain issues of criminal proceedings in such cases in the context of the Draft Law of Ukraine (No. 12297 dated December 09, 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 preventing and combating domestic violence against children is analyzed.

Keywords: criminal liability, combating, prevention, domestic violence, child, stalking.

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12/2024

Abstract. The informational reference addresses the issue of strengthening criminal liability for torture and other cruel, inhuman or degrading treatment or punishment, and proposes to distinguish between torture committed by a general subject and torture committed by an official in the context of the Draft Law of Ukraine (No. 12319 dated December 16, 2024).

Keywords: criminal liability, mechanism of counteraction, torture, cruel treatment, dignity, humiliation, punishment, places of detention.

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12/2024

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.

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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.

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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.

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12/2024