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 of Ukraine on bringing the liability of legal entities for the commission of corruption criminal offenses into compliance with international standards» (Reg. No. 11443, dated 25.07.2024).

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, other laws of Ukraine regarding the introduction of an effective mechanism of liability of legal entities for corruption criminal offenses 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, corruption offences, legal entity, special confiscation, measures of a criminal legal nature.

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07/2024

Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine "On Amendments to Article 45 of the Law of Ukraine «On the National Police" regarding the features of the use of special means» (Reg. No. 11420, dated 19.07.2024), considered the issue of improving the legal bases and features of the use of special means, namely electric shock devices, against persons who are suspected of committing an offense and who resist a police officer or try to escape, including from custody. Based on the results of the analysis, the risks of the draft law were determined.

Key words: police officer, special means, protection of public order, crime prevention, offender, arrest of a person, use of electric shock device.

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07/2024

Abstract. The analytical note considers the issues of exemption from the application of an administrative penalty for violation of legislative requirements and requirements of other regulatory legal acts regarding exceeding the permitted noise level in the case of using installations that produce electricity (electric generators). Based on the results of the analysis, the risks of the presented Draft Law are studied.

Key words: administrative offenses, exemption from administrative liability, noise level, electric generator, electricity.

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07/2024

Abstract. The analytical note considers the provisions of Draft Code of Ukraine on Administrative Misdemeanors (Reg. No. 11386, dated June 28, 2024)

In particular, the compliance of the Draft Code with the provisions of the Constitution of Ukraine, the fundamental principles of law-making activity, the requirements of the Convention for the Protection of Human Rights and Fundamental Freedoms and other international legal acts, the decision of the European Court of Human Rights, the relevant Recommendations of the Committee of Ministers of the Council of Europe and the legislative norms of the European Union states is considered, in general modern European standards in the field of proceedings in cases of administrative misdemeanors (offences) and trends in the development of administrative-delict legislation.

Key words: Code of Ukraine on administrative misdemeanors, grounds for its adoption; structure of the Draft Code; administrative misdemeanors, concepts, subjects and general principles of liability for their commission; administrative penalty, their concepts and types; proceedings in cases of administrative misdemeanors; participants in the proceedings; administrative body; consideration and resolution of cases of administrative misdemeanors; administrative act; appeal and execution of an administrative act.

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07/2024

Abstract. The analytical note considers the provisions of the Draft Law of Ukraine «On amendments to the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine regarding the improvement of the efficiency of plea agreements» (No. 11340, dated June 14, 2024), as well as alternative Draft Laws of Ukraine (No. 11340-1, dated July 01, 2024 and No. 11340-2, dated July 01, 2024). In particular, the compliance of draft laws with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of the current criminal procedural legislation of Ukraine and the practice of the European Court of Human Rights in the field of criminal justice is considered.

Based on the results of the research, risks are identified that may further impede the proper implementation of the draft laws in the course of law enforcement activities and the achievement of their stated objectives, which are aimed at improving national legislation on the legal regulation of the grounds and procedure for concluding plea agreements in criminal proceedings concerning corruption and corruption-related criminal offences.

Key words: criminal proceedings, pre-trial investigation, court proceedings, corruption criminal offenses, grave and especially grave crimes, plea agreement, terms of concluding and approving a plea agreement, court verdict, sentencing, fine, imprisonment, release from serving punishment.

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07/2024

Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Procedural Code of Ukraine on improving the procedure for investigation and trial of criminal misdemeanors» (Reg. No. 11365, dated June 21, 2024); the issues of strengthening the role and importance of the inquirer during pre-trial investigation and judicial proceedings of criminal misdemeanors, which will meet European standards, is considered. Based on the results of the analysis, the risks of the draft law were determined.

Key words: pre-trial investigation, investigator, court proceedings, trial, Еuropean standards, criminal misdemeanors.

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07/2024

Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On Amendments to Article 369-3 of the Criminal Code of Ukraine on strengthening liability for illegal influence on the results of official sports competitions» (Reg. No. 11339, dated 14.06.2024). The grounds of criminal liability for unlawful influence on the results of official sports competitions in accordance with the Constitution of Ukraine, the basic principles of law-making activity and the norms of the current legislation of Ukraine are considered. Based on the results of the analysis, risks have been identified that may further hinder the proper implementation of the draft law during law enforcement activities.

Key words: criminal offences, unlawful influence, results of sports competitions, unauthorized use, strengthening the liability.

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06/2024

Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and some other laws of Ukraine regarding the implementation of measures aimed at reducing undue pressure on business in Ukraine within the framework of criminal proceedings» (Reg. No. 11276, dated May 20, 2024); the issue of the need to reduce sanctions in a number of criminal offenses in the field of economic (trade) activity was considered in order to minimize the cases of choosing a preventive measure in the form of detention. Based on the results of the analysis, the risks of the draft law were determined.

Key words: unlawful pressure, business, criminal proceedings, pre-trial investigation, economy, judicial control, preventive measure, term of appeal, appellate complaint, expertise.

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06/2024

Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Code of Ukraine on administrative offenses regarding the introduction of judicial review of cases on administrative offenses, provided for in Articles 210, 210-1 and 211»; the issues of initiating the transfer of powers regarding the consideration of cases of administrative offenses entrusted to the TCC and SP to the jurisdiction of the court is being considered. Based on the results of the analysis, the risks of the presented draft law are studied.

Key words: territorial recruitment and social support centers, military accounting, requirements of defense legislation, mobilization training and mobilization, fine, undue pressure on citizens, corruption risks, administrative offense, judicial procedure, court.

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06/2024

Abstract. The information note 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 of Ukraine regarding the improvement of criminal liability for crimes against the established order of military service during martial law» (Reg. No. 11322, dated 06.06.2024); the conformity of the proposed grounds for exempting a person from liability for criminal offenses provided for by Articles 407, 408 of the Criminal Code of Ukraine, the requirements of the Constitution of Ukraine, the fundamental principles of law-making activities and the norms of the current legislation of Ukraine is considered. According to the results of the analysis, risks are established that may further impede the proper implementation of the bill during law enforcement activities.

Key words: criminal offenses, exemption from liability, military service, martial law, desertion.

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06/2024