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- Analytical periodicals
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On Amendments to Article 336 of the Criminal Code of Ukraine regarding the establishment of non-custodial punishments» (hereinafter referred to as the draft law); 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: criminal offenses, punishment, evasion of conscription, mobilization, special period, imprisonment.
05/2024
Abstract. The information note analyzes the provisions of the draft Law of Ukraine «On amending the Criminal and Criminal Procedural Codes of Ukraine to improve the procedure for conducting criminal proceedings under martial law»; the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activities 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 is considered. According to the results of the analysis, risks are established that in the future may impede the proper implementation of the bill during law enforcement activities and the achievement of the goal proclaimed in it.
Key words: criminal proceedings, martial
law, pre-trial investigation, trial of criminal proceedings, lost materials of
criminal proceedings, procedure for restoring materials of criminal cases,
execution of sentences in criminal proceedings, written proceedings.
05/2024
Abstract. Analyzing the proposals for the implementation of legal regulation of responsibility for the identification of a lawyer with a client, contributing to a deliberate violation of the guarantees of advocacy, the Information Certificate examines the risks of changes proposed to the Code of Administrative Offenses, related, in particular, to legal uncertainty, non-compliance with the rules of law-making, inconsistency in the amount of penalties, etc.
Key words: administrative liability, administrative tort proceedings, advocacy, identification of a lawyer with a client.
Abstract. The informational reference contains the results of the analysis of the Draft Law of Ukraine «On amendments to the Code of Administrative Procedure of Ukraine on the application of the term of appeal to the administrative court to appeal against unlawful actions or omission of authorised public authorities regarding the issuance of a certificate of financial support for the recalculation of pensions to military servicemen and members of their families» (Reg. No. 11294 dated 27.05.2024).
Key words: pensions, right to recalculate pensions, military servicemen, public authorities, certificate of financial support, time limit for applying to an administrative court.
06/2024
Abstract. Analysis of the rule and procedure for entering into force of an international treaty in the state, as well as the implementation of derogations and reservations to ratified international treaties has been included in the results of the parliamentary study. Research on the peculiarities of the procedure for consideration and approval of derogations and/or reservations to international treaties at the national level of various states (on the example of human rights treaties) has been presented. The experience of Georgia and Moldova on reservations to the international treaties in the context of its implementation on the temporarily occupied territories by the russian federation has been separately researched.
Key words: international obligations, international treaty, ratification, derogation, reservation, temporarily occupied territory, martial law, state of emergency.
05/2024
Abstract. The information note analyzes draft laws, the purpose of which is to humanize the grounds for imposing punishment in the form of life imprisonment for women and to recognize as non-discriminatory actions the establishment of various types and sizes of criminal punishments by amending Article 64 of the Criminal Code of Ukraine, laws of Ukraine «On ensuring equal rights and opportunities for women and men», «On the principles of preventing and countering discrimination in Ukraine».
Key words: criminal liability, criminal punishment, life imprisonment, criminal liability of women, discrimination.
05/2024
Abstract. Results of legislative initiatives research to increase excise tax rates to determine the level of its compliance with Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco have been presented in the analytical note. The experience of certain European countries in applying specific and ad valorem excise tax rates has been researched.
Key words: tobacco products, cigarettes, excise tax, ad valorem rate, specific rate.
05/2024
Key words: criminal liability, medicines, preclinical studies, clinical trials, state registration.
05/2024
Abstract. Requirements of the acquis EU and the experience of certain EU member states in collecting rent for the use of radio frequency spectrum (radio frequency resource) have been identified in the analytical note.
Key words: rent, radio frequency spectrum, radio frequency resource, mobile communications, adjustment coefficients.
05/2024
Key words: appointment of an assistant for legally capable individuals, the Unified State Web Portal of Electronic Services, public authorities and local self-government bodies, realisation of rights and fulfilment of obligations, the Civil Code of Ukraine.
05/2024