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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.
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.
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.
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.
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.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Law of Ukraine «On amendments to the Code of Ukraine on administrative offenses and other legislative acts regarding the prohibition of profanity in advertising»; issues of establishing a ban on the use of profanity in advertising, which contains abusive, vulgar, obscene or other profanity; the directions of strengthening the administrative responsibility of perpetrators for violating the requirements established by law to prohibit the placement in advertising of information containing profanity. According to the results of the analysis, the risks of the submitted bill are studied.
Key words: advertising information, profanity, obscene words, expressions and expressions, administrative liability.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to Article 91 of the Code of Ukraine on administrative offenses regarding strengthening administrative responsibility for violation of the rules of protection and use of territories and objects of the nature reserve fund» (Reg. No. 11309, dated 31.05.2024). In particular, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity and the norms of the current legislation of Ukraine regarding responsibility for offenses in the field of nature protection and use of natural resources is considered.
Based on the results of the research, 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, which relates to the legislative provision of preservation of territories and objects of the nature reserve fund, prevention of violations of the rules of protection and use of these territories and objects.
Key words: The Code of Ukraine on administrative offenses, strengthening of administrative responsibility, imposition of fines, rules of protection and use of territories and objects of the nature reserve fund.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to Article 97 of the Law of Ukraine «On the National Police» on establishing justice when assigning monetary assistance to police officers»; issues of strengthening the social protection of police officers and the need to resolve situations where the police officer's disability is established before being released from service due to health conditions are considered. Based on the results of the analysis, the risks of the presented draft law are studied.
Key words: one-time financial assistance, service, internal affairs bodies, a policeman, disability, disease, injury (contusion, injury or injury), payments, dismissal from the police, martial law.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to Article 185 of the Criminal Code of Ukraine regarding the commission of a criminal offense under conditions of martial law or a state of emergency» (Reg. No. 11295, dated 27.05.2024); the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity and the norms of the current 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.
Key words: martial law, state of emergency, theft, criminal law, offenses.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On Amendments to the Law of Ukraine «On the Judiciary and the Status of Judges» and some legislative acts of Ukraine regarding financial support for the activities of judicial governance bodies» (Reg. No. 11254-1, dated May 24, 2024) (hereinafter referred to as the draft law); the compliance of the draft law with the requirements of the Law of Ukraine «On the judiciary and the status of judges», the recommendations of the European Commission regarding Ukraine's acquisition of the status of a candidate for EU membership, as well as the provisions of the Budget Code of Ukraine and the Law of Ukraine «On the State Budget 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.
Key words: The Higher Qualification Commission of Judges of Ukraine, the requirements of the European Commission for Ukraine to acquire the status of a candidate for EU membership, the status of the main administrator of the State Budget of Ukraine, expenditures from the State Budget of Ukraine.
06/2024
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