Informational references
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Abstract. The Informational reference analyzes the provisions of the draft Law of Ukraine "On Amendments to the Code of Ukraine on Administrative Offenses Regarding Strengthening Liability for Violation of the Requirements of the Legislation on Collective Labor Disputes" (No. 12035, dated September 16, 2024).
Key words: administrative liability, collective labor disputes, agreement to resolve a collective labor dispute, violation or non-fulfillment of agreements, administrative penalty, fine.
09/2024
Abstract. The Informational reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and the Criminal Executive Code of Ukraine regarding the deprivation of the status of a war veteran» (Reg. No. 11535, dated August 30, 2024), the issue of legislative support is considered procedures for depriving the status of a war veteran and canceling benefits for such a category as one of the types of punishment for committing serious crimes. Based on the results of the analysis, the existing risks of the draft law were determined.
Key words: war veteran status, criminal punishment, criminal justice, deprivation of war veteran status, accused, cancellation of benefits.
09/2024
Abstract. The Informational reference analyzes the provisions of the draft Law of Ukraine «On criminal liability for international crimes» (Reg. No. 11538, dated September 2, 2024). The compliance of the draft law with the requirements of the Constitution of Ukraine, the principles of law-making activities, the norms of the current criminal and criminal procedural legislation, and other laws of Ukraine regarding ensuring the inevitability of criminal prosecution for international crimes is considered. Certain risks have been allocated, which in the future may impede the proper implementation of the draft law during law enforcement activities.
Key words: international legal sanctions, national security, aggressor state, sanctions mechanism, criminal liability, violation of sanctions, restrictive measures.
09/2024
Abstract. The Informational reference analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal and Criminal Procedural Codes of Ukraine in connection with the adoption of the Law of Ukraine «On criminal responsibility for international crimes» (Reg. No. 11539, dated September 2, 2024). The compliance of the draft law with the requirements of the Constitution of Ukraine, the principles of law-making activity, the norms of the current criminal and criminal procedural legislation regarding ensuring the inevitability of criminal prosecution for international crimes in relation to the draft Law of Ukraine «On criminal responsibility for international crimes» (Reg. No. 11538, dated 02.09. 2024). Certain risks have been singled out, which in the future may hinder the proper implementation of the draft law during law enforcement activities.
Key words: criminal liability, international crimes, Rome Statute of the International Criminal Court, Criminal Code, implementation.
09/2024
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal and Criminal Procedure Codes of Ukraine in connection with the ratification of the Rome Statute of the International Criminal Court and its amendments» (Reg. No. 11484-1, dated 27.08.2024). The compliance of the draft law with the requirements of the Constitution of Ukraine, the principles of law-making activity, the norms of the current criminal and criminal procedural legislation, and other laws of Ukraine regarding ensuring the inevitability of criminal prosecution for international crimes is considered.
Certain risks have been singled out, which in the future may hinder the proper implementation of the draft law during law enforcement activities.
Key words: criminal liability, crimes against humanity, war crimes, Rome Statute of the International Criminal Court, ratification.
09/2024
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Procedural Code of Ukraine regarding the specifics of the application of security measures in corruption and corruption-related criminal proceedings during martial law» (Reg. No. 11466 dated 07.08.2024).
In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the principles of law-making activity, and the fundamental norms of the criminal and criminal procedural legislation of Ukraine is considered. Based on the results of the analysis, risks are identified that may in the future hinder the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it, related to the improvement of the legal regulation of the grounds and order of application of measures to ensure criminal proceedings in relation to corruption and corruption-related criminal offenses during martial law.
Key words: criminal proceedings, martial
law, precautionary measures, detention, corruption
criminal offenses, criminal offenses related to corruption, serious crimes,
especially serious crimes, the suspect, accused.
08/2024
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Code of Ukraine and the Code of Ukraine on Administrative Offenses on strengthening liability for violations of cultural heritage protection legislation» (Reg. No. 11458, dated 02.08.2024). In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal and administrative-delict legislation, laws of Ukraine regulating public relations in the field of cultural heritage protection, preservation of historical monuments and other objects of cultural value are considered, and also establish responsibility for violation of their requirements. According to the results of the research, risks were identified that may in the future hinder the proper implementation of the law during law enforcement activities and the achievement of the goal declared in it, aimed at strengthening criminal and administrative responsibility in the field of protection of cultural heritage and other objects of cultural value.
Key words: criminal liability, administrative liability, objects of cultural heritage, violation of legal requirements regarding objects of cultural heritage, destruction and damage of objects of cultural heritage, criminal punishment, administrative penalty, fine.
08/2024
Abstract. The Information reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine in connection with the ratification of the Rome Statute of the International Criminal Court and its amendments» (No. 11484 dated 15.08.2024). The compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal and criminal procedural legislation, and other laws of Ukraine regarding ensuring the inevitability of criminal prosecution for international crimes is considered.
Certain risks have been singled out, which in the future may hinder the proper implementation of the draft law during law enforcement activities.
Key words: criminal liability, crimes
against humanity, Rome Statute of the International Criminal Court,
ratification.
Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and other legislative acts on bringing the liability of legal entities for the commission of corruption criminal offenses into compliance with international standards» (Reg. No. 11443-1, dated 09.08.2024) in the context of its compliance with the requirements of the Constitution of Ukraine, industry legislation, the fundamental principles of law-making activity, in view of the introduction of an effective mechanism of liability of legal entities for corruption criminal offenses. The risks that may further hinder the proper implementation of the draft law during law enforcement activities are outlined.
Key words: criminal liability, corruption
offences, legal entity, special confiscation, criminal law measures, court
decision to apply criminal law measures to a legal entity.
08/2024
Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine, in connection with the adoption of the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Creation and Strengthening of the Independence of the Military Police of Ukraine and the Specialized Military Prosecutor's Office"» (Reg. No. 11406, dated 15.07.2024).
In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current administrative-delict and criminal legislation, the provisions of programmatic and international legal documents that determine the tasks, functions and peculiarities of the legal regulation of the bodies that make up the system of Military Justice are considered, including the Military Police and the Specialized Military Prosecutor's Office, the norms of the Convention on the Protection of Rights and Fundamental Freedoms (European Convention on Human Rights).
Based on the results of the research, risks are identified that may further hinder the proper implementation of the law during law enforcement activities and the achievement of the stated goal of legal support for the start of the operation of the Military Police and the Specialized Military Prosecutor's Office.
Key words: administrative offenses, proceedings in cases of administrative offenses, officials, bodies of the Military Police of Ukraine, the Specialized Military Prosecutor's Office, military personnel, criminal liability, criminal offenses.