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Abstract. The informational reference analyzes the provisions of the draft Law of Ukraine «On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and other legislative acts of Ukraine regarding the deprivation of state awards for popularizing or propagandizing the aggressor state or committing other illegal actions against Ukraine» (Reg. No. 11410, dated 16.07.2024).
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 current criminal and criminal procedural legislation, other laws of Ukraine regarding responsibility for actions that popularize or promote the aggressor state and its authorities, their representatives, other actions to create a positive image of the aggressor state, justification and recognition of the legitimate occupation of the territory of Ukraine.
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 stated goal aimed at improving the legislation in the above-mentioned area.
Key words: criminal responsibility, types of punishments, deprivation of a state award of Ukraine, guilty verdict of the court, serious, especially serious crime, execution of punishment, right to benefits.
07/2024
Abstract. The analytical note analyses the provisions of the Draft Law of Ukraine «On amendments to the Section XIX of the Criminal Code of Ukraine regarding the liability for irretrievable loss of personnel and/or destruction of military equipment or other military property and investigation of similar facts» (Reg. No. 11382, dated June 26, 2024), considers the issue of establishing criminal liability for significant irretrievable losses of personnel, military equipment and military property by supplementing the Criminal Code of Ukraine with articles 426-2 and 426-3. Based on the results of the analysis, the risks of the Draft Law are determined.
Key words: criminal liability, irretrievable losses, personnel, military personnel, military equipment, military property, special period.
07/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to the Criminal Procedure Code of Ukraine in connection with the creation and strengthening of the independence of the Military Police of Ukraine and the Specialized Military Prosecutor's Office» (Reg. No. 11307, dated 29.05.2024); on the subject of 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 and the practice of the European Court of Human Rights in the field of criminal justice, as well as the presence of risks, may prevent the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it.
Key words: criminal proceedings, military justice, military police, specialized military prosecutor's office, martial law, war crimes, interests of military personnel.
06/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amendments to some 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. 11306, dated 29.05.2024). 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, the practice of the European Court of Human Rights in the field of criminal justice is considered; the presence of risks that may prevent the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared in it.
Key words: military justice, Military Police, Specialized Military Prosecutor's Office, Military Law and Order Service, Armed Forces, defense sphere, interests of military servicemen.
06/2024
Abstract. The Information Note presents an analysis of bills related to one another – the definition of legal and organizational principles for the involvement of citizens who are brought to criminal responsibility in military service. For this purpose, such an approach is applied to citizens who are sentenced to crimes in the form of restriction of liberty or deprivation of liberty and a proposal was made to regulate the grounds for parole from serving their sentences in a separate norm of the Criminal Code (Article 81-1) of a separate (additional) institute of parole (projects No. 11079, 11079-1, 11079-3) or to citizens who are convicted and released from serving their sentence with a test (project No. 11079-2).
Key words: parole, military personnel, military service, mobilization, release from punishment with trial, convicts, martial law.
04/2024
Abstract. The information note analyzes the expediency of clarifying the norms of the law on criminal responsibility regarding the identification of the features of a special subject of corruption and war crimes.
Key words: criminal responsibility, corruption crimes, war crimes, special subject, martial law, life imprisonment.
03/2024
Abstract. The information note highlights the relevance, in view of modern realities and the preparation of changes to the mobilization legislation, of researching issues of legal regulation of the mobilization reserve and service in it using the example of the legislation of foreign countries, in particular the member states of the Alliance.
Key words: mobilization, reserve, NATO member states, service.
02/2024
Abstract. The information note analyzes the activities of the National Guard of Ukraine in the context of the use of coercive measures by its military servicemen; submitted proposals the draft Law of Ukraine «On amendments to the Law of Ukraine «On the National Guard of Ukraine» regarding the improvement of the legal basis for the use of coercive measures by military servicemen of the National Guard of Ukraine» (Reg. No. 10311 dated December 01, 2023).
Key words: National Guard of Ukraine, military servicemen, coercive measures, physical impact, special means, weapons, armament, military equipment, aircraft armament.
12/2023
Abstract. The information note is devoted to the issues of legislative determination of the grounds for criminal liability for violation of sanctions in the context of the draft Law of Ukraine «On Amendments to the Criminal and Criminal Procedural Codes of Ukraine and other laws on establishing criminal liability for violation of sanctions legislation» (Reg. No. 8384 of 25.01.2023).
Key words: sanctions, sanctions legislation, criminal liability for violation of sanctions.
05/2023
Abstract. The position on the expediency of introducing military justice in Ukraine is expressed. Special attention is paid to the reform of the Military Law Enforcement Service in the Armed Forces of Ukraine. The draft laws that regulate the establishment and functioning of the Military Police (Reg. No. 6569, No. 6569-1) are analysed. It is proposed that the system of courts of general jurisdiction should provide for the specialization of judges to consider cases of military jurisdiction.
Key words: military justice, military police, military courts.
09/2022