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Abstract. The Informational reference analyzes the issues of harmonizing the norms of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC of Ukraine) regarding the procedure for conducting such a covert investigative (detective) action (CIDA) as “arrest, inspection and seizure of correspondence” with the special terminology of the Law of Ukraine “On Postal Communication” in the context of the proposals provided for in the draft Law of Ukraine (No. 12294, dated 06.12.2024).
In particular, the draft law is considered to comply with the requirements of the Constitution of Ukraine, the fundamental principles of law-making and criminal procedural legislation, and the laws of Ukraine regulating public relations in the field of postal communications. The results of the research revealed risks that may further impede the proper implementation of the Law during law enforcement activities and the achievement of the goal declared therein, aimed at legislatively ensuring the compliance of the procedural terminology used for the procedure of arrest, inspection and seizure of correspondence with the norms of special sectoral legislation.
Key words: Criminal Procedure Code of Ukraine, covert investigative (detective) actions, seizure of correspondence, inspection and seizure of correspondence, postal items, postal facilities, material carriers of information transmission.
12/2024
Abstract. The Review Dossier examines the foreign experience of some European countries and the United States of America regarding preventive measures against domestic abuse, exchange of information regarding cases of domestic abuse, as well as maintaining registers of such cases and access to them.
Key words: domestic abuse, prevention and counteraction, interaction, information exchange, data registry, victim of violence, preventive measures, prophylaxis, prescription.
12/2024
Abstract. The Informational reference analyzes the issues of harmonizing the provision of the Criminal Code of Ukraine, which establishes criminal liability for inciting minors to doping, with the requirements of the current anti-doping legislation in the context of the proposals provided for in the draft Law of Ukraine "On Amendments to Article 323 of the Criminal Code of Ukraine" (No. 12280, dated 03.12.2024).
The draft law is considered to comply with the requirements of international legal acts in the field of anti-doping activities, the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of current criminal legislation, and the laws of Ukraine on preventing and combating the use and spread of doping in sports.
The results of the research revealed risks that may further impede the proper implementation of the draft law during law enforcement activities and the achievement of the goal declared therein, aimed at ensuring the responsibility of coaches and other persons for the distribution of substances and methods prohibited in sports among minors or minors.
Key words: Criminal Code of Ukraine, criminal liability, anti-doping legislation, minors and juveniles, incitement to doping, prohibited substances and methods.
12/2024
Abstract. The Informational reference considers the issue of strengthening criminal liability for animal cruelty in the context of the draft law (No. 12289, dated 06.12.2024).
The draft law was analyzed for compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current legislation on criminal liability, and the laws of Ukraine regulating public relations in the field of animal treatment.
Key words: criminal liability, animals, cruelty, firearms, edged weapons, pneumatic weapons, devices for shooting cartridges.
12/2024
Abstract. The Informational Reference presents the results of the analysis of the proposals envisaged by the draft law ‘On Amendments to Certain Laws of Ukraine on Pension Provision for Prosecutors’ Employees’ (Reg. No. 12278 of 02.12.2024). The author focuses on the peculiarities of pension provision for prosecutors, the essence of the concept of ‘professional ability to work’ for the purpose of granting a pension for length of service.
Keywords: long-service pension, prosecutors, professional ability to work, appointment (recalculation) of pensions, central executive body with a special status.
12/2024
Abstract. The Informational reference considers the issues of improving the grounds for criminal liability for the commission of certain corruption and corruption-related criminal offenses and the peculiarities of applying preventive measures during martial law in the context of the draft law (No. 12287, dated 06.12.2024).
The draft law is analyzed for compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current legislation on criminal liability, and the laws of Ukraine regulating public relations in the field of combating corruption.
Key words: criminal liability, corruption offenses, pre-trial investigation, martial law, state of emergency, punishment.
12/2024
Abstract. The Informational reference considers the issue of normalizing the powers of the State Bureau of Investigation regarding the management of state-owned objects in the context of the draft law (No. 12286, dated 04.12.2024).
Key words: management of state property, State Bureau of Investigation, state property, subject of management of state property, authority.
12/2024
Abstract. The Information Note presents the results of the analysis of legislative proposals to update the legislative regulation of relations in the field of social protection of internally displaced persons. The analysis is based, in particular, on the provisions of the UN Guiding Principles on Internal Displacement and the data of the survey of the population of Ukraine conducted by the International Organisation for Migration.
Key words: internally displaced persons, social protection, status of the registered unemployed, unemployment benefit, preliminary impact assessment of the draft legal act.
12/2024
Abstract. The Informational reference examines and analyzes the issues of improving criminal liability for the illegal use of humanitarian aid by state and municipal enterprises in the context of the draft law (No. 12250, dated 26.11.2024).
The draft law is analyzed for compliance with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the provisions of the current legislation on criminal liability, and the laws of Ukraine regulating public relations in the field of the use of humanitarian aid.
Key words: criminal liability; humanitarian aid; state, municipal enterprises; illegal use of humanitarian aid; official; punishment.
12/2024
Abstract: The Briefing Paper presents the results of the analysis of the legislation of the G-7 countries (Canada, the USA, the UK, France, Italy, Germany, Japan) on access of media representatives to parliamentary buildings. The paper highlights the peculiarities of regulating the procedure of accreditation of journalists, their admission to the parliament building, attendance at parliamentary meetings and other events, as well as restrictions on such access.
Key words: accreditation, openness of parliament, access of journalists to parliament, journalist, media representative.
12/2024