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Abstract. The parliamentary research presents the results of the analysis of the expediency of creating a wartime (military) police and a specialized wartime (military) prosecutor's office in view of the provisions of draft laws (No. 11306, 11307) devoted to these issues. The purpose of the draft laws is the formation of a comprehensive system of military justice in Ukraine, taking into account the best foreign practices. The proposed amendments to the military police and the specialized military prosecutor's office were analyzed in the context of comparison with other draft laws in this area.
Key words: wartime police, military police, specialized wartime prosecutor's office, military prosecutor's office, military justice, criminal proceedings.
06/2024
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 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 analytical note examines the concept and legal status of cadets as subjects of the educational process in military educational institutions operating in NATO member states (the legislation of eight states is analyzed: Great Britain, Germany, France, Italy, Poland, Estonia, Latvia, Lithuania). The normative requirements and principles of the implementation of the educational process with the participation of cadets, the conditions of their financial support, the procedural issues of acquiring basic military education, the formation of relevant knowledge, skills, and competencies have been determined. The organizational and legal foundations of the state policy of training military professional personnel are considered, the components of the military education system, the specifics of the activities of military educational institutions are determined. Common features and national differences during training of cadets, conditions of their material and economic support as military personnel were revealed.
Key words: national defense policy, higher military education, military educational institutions, educational and qualification level, cadets, training, training of professional officers, state order, armed forces, NATO standards.
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 Analytical note is devoted to the study of the peculiarities of the functioning of social protection systems in European countries. Special attention is paid to the legislative regulation of the procedure for financing social protection, administration and management of social insurance schemes. The models of social protection systems are generalized and their main differences are noted. The provisions of legislation on the implementation of social insurance in each model of the social protection system are analyzed. Attention is focused on the peculiarities of insurance premiums administration provided for by the legislation of Ireland, France, the Netherlands, Poland, Lithuania, Sweden, and Spain. The conclusions on the general trends in the financial support of social security systems of the European Union Member States are summarized.
Key words: models of the social protection system, administration, management, insurance contributions, fees, social taxes, social benefits, insurance funds.
06/2024
Abstract. The review dossier examines in a comparative aspect the existing foreign experience of legislative support for the prevention and combating of domestic violence in relation to the following issues: the right to divorce during the wife's pregnancy and/or within one year after the birth of a child and the procedure for divorce (administrative and/or judicial); the practice of divorce in connection with domestic violence (claims, mechanism); the practice of awarding/recovering alimony until the child reaches the age of 1 (3) years. In particular, the legislation of the following countries was analysed: Austria, Germany, France, Poland, Lithuania, Romania, Greece.
Key words: domestic violence; Council of Europe Convention on preventing and combating violence against women and domestic violence; practice of the European Court of Human Rights; Directive (EU) 2024/1385 of the European Parliament and of the Council of 14 May 2024 on combating violence against women and domestic violence.
06/2024