Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.26
A. Politova
The article analyzes the case law on the application of the Criminal Code of Ukraine on combating exploitation in the context of armed conflict. It is noted that the law of Ukraine on criminal liability contains two corpus delicti of criminal offenses relating to exploitation: human trafficking (Article 149) and child exploitation (Article 150 of the Criminal Code), but crime is moving forward and finding other forms of it. Also, in the context of armed conflict, such acts may be qualified under Article 438. Violation of the Laws and Customs of War of the Criminal Code of Ukraine, and law enforcement agencies do not distinguish the category of “human exploitation” separately. It is concluded that the number of registered criminal offenses under Article 149 of the Criminal Code of Ukraine and convicted persons for human trafficking correlates, in particular, in 2023 as 1:8, and in 2022 – 1:7. It should also be noted that only 56 per cent of the registered criminal offenses under Article 149 of the Criminal Code of Ukraine are sent to court with a guilty verdict. It is noted that child exploitation is characterized by a high level of latency due to unwillingness, and in some cases, unawareness of the unlawful acts committed against the victim (a person under 16 years of age). It has been established that the typical criminological portrait of a person who has committed human trafficking is as follows: a man (89 per cent) aged 30 to 50 (67 per cent), with a complete secondary or basic secondary education (67 per cent), able-bodied, but who has not worked or studied anywhere (56 per cent), a citizen of Ukraine (72 per cent). This criminal offense is not committed: under the influence of alcohol or drugs; by organized or criminal organizations. Only 28 per cent of criminal offenses under Art. 149 of the Criminal Code of Ukraine are committed as part of a group. It is noted that the main problems arising in the prosecution of persons who have committed criminal offenses under Art. 149 and Art. 150 of the Criminal Code of Ukraine are the imperfection of the rules, as well as the lack of uniform application in criminal cases of criminal offenses against the will, honor and dignity of a person.
{"title":"Analysis of judicial practice on the application of Ukrainian legislation on combating exploitation in the context of armed conflict","authors":"A. Politova","doi":"10.61345/1339-7915.2023.6.26","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.26","url":null,"abstract":"The article analyzes the case law on the application of the Criminal Code of Ukraine on combating exploitation in the context of armed conflict. It is noted that the law of Ukraine on criminal liability contains two corpus delicti of criminal offenses relating to exploitation: human trafficking (Article 149) and child exploitation (Article 150 of the Criminal Code), but crime is moving forward and finding other forms of it. Also, in the context of armed conflict, such acts may be qualified under Article 438. Violation of the Laws and Customs of War of the Criminal Code of Ukraine, and law enforcement agencies do not distinguish the category of “human exploitation” separately. \u0000It is concluded that the number of registered criminal offenses under Article 149 of the Criminal Code of Ukraine and convicted persons for human trafficking correlates, in particular, in 2023 as 1:8, and in 2022 – 1:7. It should also be noted that only 56 per cent of the registered criminal offenses under Article 149 of the Criminal Code of Ukraine are sent to court with a guilty verdict. It is noted that child exploitation is characterized by a high level of latency due to unwillingness, and in some cases, unawareness of the unlawful acts committed against the victim (a person under 16 years of age). \u0000It has been established that the typical criminological portrait of a person who has committed human trafficking is as follows: a man (89 per cent) aged 30 to 50 (67 per cent), with a complete secondary or basic secondary education (67 per cent), able-bodied, but who has not worked or studied anywhere (56 per cent), a citizen of Ukraine (72 per cent). This criminal offense is not committed: under the influence of alcohol or drugs; by organized or criminal organizations. Only 28 per cent of criminal offenses under Art. 149 of the Criminal Code of Ukraine are committed as part of a group. \u0000It is noted that the main problems arising in the prosecution of persons who have committed criminal offenses under Art. 149 and Art. 150 of the Criminal Code of Ukraine are the imperfection of the rules, as well as the lack of uniform application in criminal cases of criminal offenses against the will, honor and dignity of a person.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"3 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140241763","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.32
Volodymyr Gorbalinskyi
The article examines the problems of recognition of illegal decisions of subjects of power. The author draws attention to the fact that the decision of the subjects of power is a consequence of the implementation of the public-authority management function by the subjects of power. The legality of the decisions of the subjects of power is a necessary condition for the legality of activities to ensure citizens’ realization of their rights, freedoms and interests. The article states that the legality of the decisions of the subjects of power ensures the legality of administrative and regulatory activities, the proper level of law and order in the state, and the protection of the rights of participants in public-law relations. The author draws attention to the fact that administrative courts play a significant role in matters of legality verification, protecting rights, freedoms and interests by recognizing the decisions of subjects of authority as illegal. It is justified that the cancellation or invalidation of the decision of the subject of power can be considered one of the ways to ensure its legality and the extent of responsibility of the body or official who made the relevant decision. It is concluded that the annulment or invalidation of the decisions of the subjects of power, recognized by the court as illegal, is of undoubted importance for ensuring law and order by eliminating illegal regulatory and individual acts from the law enforcement mechanism, and restoring the violated rights, freedoms and legitimate interests of individuals in the field of public and legal relations. The article substantiates that recognition of an act as illegal is a separate way of protecting the violated rights, freedoms or interests of a person. If the act is recognized as illegal, the court, depending on the type of act, applies other methods of protection, annulment of the individual act, or invalidation of the normative legal act.
{"title":"On the question of recognition of the decision of the subject of authorities as unlawful","authors":"Volodymyr Gorbalinskyi","doi":"10.61345/1339-7915.2023.6.32","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.32","url":null,"abstract":"The article examines the problems of recognition of illegal decisions of subjects of power. The author draws attention to the fact that the decision of the subjects of power is a consequence of the implementation of the public-authority management function by the subjects of power. The legality of the decisions of the subjects of power is a necessary condition for the legality of activities to ensure citizens’ realization of their rights, freedoms and interests. The article states that the legality of the decisions of the subjects of power ensures the legality of administrative and regulatory activities, the proper level of law and order in the state, and the protection of the rights of participants in public-law relations. The author draws attention to the fact that administrative courts play a significant role in matters of legality verification, protecting rights, freedoms and interests by recognizing the decisions of subjects of authority as illegal. It is justified that the cancellation or invalidation of the decision of the subject of power can be considered one of the ways to ensure its legality and the extent of responsibility of the body or official who made the relevant decision. It is concluded that the annulment or invalidation of the decisions of the subjects of power, recognized by the court as illegal, is of undoubted importance for ensuring law and order by eliminating illegal regulatory and individual acts from the law enforcement mechanism, and restoring the violated rights, freedoms and legitimate interests of individuals in the field of public and legal relations. The article substantiates that recognition of an act as illegal is a separate way of protecting the violated rights, freedoms or interests of a person. If the act is recognized as illegal, the court, depending on the type of act, applies other methods of protection, annulment of the individual act, or invalidation of the normative legal act.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"5 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140241876","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.14
Maryna Kovalenko
On February 24, 2022, a full-scale war is taking place on the territory of Ukraine. Millions of people lost their homes and jobs. Children, as the most vulnerable category of the population, were particularly affected. Thousands of children were left without parental care, and some were not handed over to their legal parents at all. These events necessitated the study of the chosen research topic. The article is devoted to the rights of children who became victims of martial law on the territory of Ukraine as a result of the attack of the Russian Federation. The article shows the number of children affected by the war. The general principles of protection of children’s rights, defined by the international legislation are considered. An example of international experience in the protection of children in martial law is given. Particular attention is paid to the protection of the rights of children born to surrogate mothers during hostility in Ukraine. Problems of realization of the rights of participants of the specified legal relations are defined. It has been established that the fulfillment of the terms of the contract by the surrogate mother does not guarantee the protection of the interests of the child. The problems of the procedure of registration and documentation of the birth of children are mentioned. The provisions of the Family Code of Ukraine and other special legislation on the legal regulation of the procedure for registration of the birth of a child have been studied. It is noted that in conditions of martial law in the occupied territories, and in cities where hostilities continue, registration is impossible. Changes in the national legislation, introduction for the period of martial law in the field of the specified questions are considered. The author examines the possibility of adopting children born to surrogate mothers, as well as those left without care or evacuated to other countries. Conclusions were made about the impossibility of adopting these children under the accelerated procedure. Emphasis is placed on the need to comply with the adoption procedure established by national law. At the same time, it was noted about the need to strengthen the work of consulates in order to register children who are temporarily in another state. It is proposed in Ukraine to create appropriate registers of potential parents who apply to Ukrainian medical institutions for the birth of children from surrogate mothers. In order to record information about newborns and facilitate the search for biological parents of their own children, it is proposed to use the application “Diia”. In addition to these conclusions, the author stressed the need for Ukraine to ratify the Rome Statute.
{"title":"Legal regulation of the implementation and protection of the rights of participants in surrogate motherhood legal relations in the conditions of war in Ukraine","authors":"Maryna Kovalenko","doi":"10.61345/1339-7915.2023.6.14","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.14","url":null,"abstract":"On February 24, 2022, a full-scale war is taking place on the territory of Ukraine. Millions of people lost their homes and jobs. Children, as the most vulnerable category of the population, were particularly affected. Thousands of children were left without parental care, and some were not handed over to their legal parents at all. These events necessitated the study of the chosen research topic. The article is devoted to the rights of children who became victims of martial law on the territory of Ukraine as a result of the attack of the Russian Federation. The article shows the number of children affected by the war. The general principles of protection of children’s rights, defined by the international legislation are considered. An example of international experience in the protection of children in martial law is given. Particular attention is paid to the protection of the rights of children born to surrogate mothers during hostility in Ukraine. Problems of realization of the rights of participants of the specified legal relations are defined. It has been established that the fulfillment of the terms of the contract by the surrogate mother does not guarantee the protection of the interests of the child. The problems of the procedure of registration and documentation of the birth of children are mentioned. The provisions of the Family Code of Ukraine and other special legislation on the legal regulation of the procedure for registration of the birth of a child have been studied. It is noted that in conditions of martial law in the occupied territories, and in cities where hostilities continue, registration is impossible. Changes in the national legislation, introduction for the period of martial law in the field of the specified questions are considered. The author examines the possibility of adopting children born to surrogate mothers, as well as those left without care or evacuated to other countries. Conclusions were made about the impossibility of adopting these children under the accelerated procedure. Emphasis is placed on the need to comply with the adoption procedure established by national law. At the same time, it was noted about the need to strengthen the work of consulates in order to register children who are temporarily in another state. It is proposed in Ukraine to create appropriate registers of potential parents who apply to Ukrainian medical institutions for the birth of children from surrogate mothers. In order to record information about newborns and facilitate the search for biological parents of their own children, it is proposed to use the application “Diia”. In addition to these conclusions, the author stressed the need for Ukraine to ratify the Rome Statute.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140241938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.16
V. Kopcha
This article aims to analyze the development of the law of the Constitutional Tribunal of the Republic of Poland in terms of its constitutional and legislative status, as well as the problems associated with the constitutional crisis. Special attention is paid to legislative measures aimed at weakening the body of constitutional jurisdiction in Poland, in particular, a significant reduction in guarantees of the independence of the Constitutional Tribunal. It was concluded that the law of December 22, 2015, the method of its adoption and entry into force demonstrates an attempt to remove it from the mechanisms of constitutional control (lack of time “distance” between official promulgation and entry into force). On the other hand, its content provides a set of means that encroach on the independence of the Tribunal, including: 1) a quorum of 13 out of 15 judges (there were 12 active judges); 2) the general condition for approval of decisions is at least two-thirds of votes; 3) minimum terms for the initiation of case consideration, which make the urgency of case consideration impossible; 4) giving the president and the minister of justice the right to initiate disciplinary proceedings against a judge; 5) participation of the Seimas in the termination of a judge’s The above means, in combination with the means provided by the law of November 19, 2015 (which terminated the powers of the chairman and deputy chairman of the Constitutional Tribunal), indicate the use of the legal instrument outside the rule of law. Regarding the directions of limiting the guarantees of independence of the Constitutional Tribunal, increasing its politicization through the use of the instrument of the law. The nature of such means revealed the intention of the legislator to take them beyond the limits of constitutional control and to sharply limit and complicate the work of the Constitutional Tribunal. This approach shows a potential threat from the parliamentary majority to use a special law on the constitutional court to narrow the effectiveness of the institution of constitutional control.
{"title":"Law of the Constitutional Tribunal of the Republic of Poland: concerning reform and problems of independence","authors":"V. Kopcha","doi":"10.61345/1339-7915.2023.6.16","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.16","url":null,"abstract":"This article aims to analyze the development of the law of the Constitutional Tribunal of the Republic of Poland in terms of its constitutional and legislative status, as well as the problems associated with the constitutional crisis. Special attention is paid to legislative measures aimed at weakening the body of constitutional jurisdiction in Poland, in particular, a significant reduction in guarantees of the independence of the Constitutional Tribunal. \u0000It was concluded that the law of December 22, 2015, the method of its adoption and entry into force demonstrates an attempt to remove it from the mechanisms of constitutional control (lack of time “distance” between official promulgation and entry into force). On the other hand, its content provides a set of means that encroach on the independence of the Tribunal, including: 1) a quorum of 13 out of 15 judges (there were 12 active judges); 2) the general condition for approval of decisions is at least two-thirds of votes; 3) minimum terms for the initiation of case consideration, which make the urgency of case consideration impossible; 4) giving the president and the minister of justice the right to initiate disciplinary proceedings against a judge; 5) participation of the Seimas in the termination of a judge’s The above means, in combination with the means provided by the law of November 19, 2015 (which terminated the powers of the chairman and deputy chairman of the Constitutional Tribunal), indicate the use of the legal instrument outside the rule of law. \u0000Regarding the directions of limiting the guarantees of independence of the Constitutional Tribunal, increasing its politicization through the use of the instrument of the law. The nature of such means revealed the intention of the legislator to take them beyond the limits of constitutional control and to sharply limit and complicate the work of the Constitutional Tribunal. This approach shows a potential threat from the parliamentary majority to use a special law on the constitutional court to narrow the effectiveness of the institution of constitutional control.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140241978","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.7
O. Faiier
The aim of the study is to form an integrated approach to understanding the context and legal necessity of medical professional liability insurance. The methodological basis of the study is a set of scientific techniques and methods of scientific knowledge, including dialectical, historical-legal, logical-legal, system-structural, method of forecasting and comparative jurisprudence. Dialectical method has provided opportunities to analyze scientific positions regarding the content and development of medical professional liability insurance. Historical-legal method helps to study the genesis of the development of insurance in specific historical and legal situations, the development of theoretical scientific thought and legislation. The method of comparative law is used to study the legislative and regulatory acts of Ukraine and other countries in the world as well as to clarify the advantages and disadvantages of the mechanism of legal regulation the insurance of medical professional liability in various countries in the world. Systemic and structural methods have helped to clarify the content of the contracts connected with this kind of insurance. Formal-logical method has allowed analyzing the provisions of the legislation of Ukraine in the sphere of this type of insurance. Results. This study contains a comprehensive scientific analysis of modern problems of medical professional liability insurance. The elements of the medical professional liability insurance contract are defined, namely: subject matter, insured, beneficiary, insurance risk, insurance event, conditionals of insurance compensation payment. It is stipulated that medical professional liability insurance contract shall have separate grounds for refusal to pay insurance compensation, inherent only to this type of insurance. It is shown that this type of insurance helps to manage the risks in medical practice activities. The concept of this type of insurance has been researched. The conditions to terminate the medical professional liability insurance have been identified. Conclusions. Having considered the issues of medical professional liability insurance and examined the conditions of the medical professional liability insurance contract, it has been made a conclusion that it is necessary to introduce this type of insurance as mandatory for healthcare institutions and private practitioners. It has been proposed to introduce compulsory medical professional liability insurance by approving necessary alterations the valid legislation.
{"title":"Medical professional liability insuarance","authors":"O. Faiier","doi":"10.61345/1339-7915.2023.6.7","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.7","url":null,"abstract":"The aim of the study is to form an integrated approach to understanding the context and legal necessity of medical professional liability insurance. \u0000The methodological basis of the study is a set of scientific techniques and methods of scientific knowledge, including dialectical, historical-legal, logical-legal, system-structural, method of forecasting and comparative jurisprudence. Dialectical method has provided opportunities to analyze scientific positions regarding the content and development of medical professional liability insurance. Historical-legal method helps to study the genesis of the development of insurance in specific historical and legal situations, the development of theoretical scientific thought and legislation. The method of comparative law is used to study the legislative and regulatory acts of Ukraine and other countries in the world as well as to clarify the advantages and disadvantages of the mechanism of legal regulation the insurance of medical professional liability in various countries in the world. Systemic and structural methods have helped to clarify the content of the contracts connected with this kind of insurance. Formal-logical method has allowed analyzing the provisions of the legislation of Ukraine in the sphere of this type of insurance. \u0000Results. This study contains a comprehensive scientific analysis of modern problems of medical professional liability insurance. The elements of the medical professional liability insurance contract are defined, namely: subject matter, insured, beneficiary, insurance risk, insurance event, conditionals of insurance compensation payment. It is stipulated that medical professional liability insurance contract shall have separate grounds for refusal to pay insurance compensation, inherent only to this type of insurance. It is shown that this type of insurance helps to manage the risks in medical practice activities. The concept of this type of insurance has been researched. The conditions to terminate the medical professional liability insurance have been identified. \u0000Conclusions. Having considered the issues of medical professional liability insurance and examined the conditions of the medical professional liability insurance contract, it has been made a conclusion that it is necessary to introduce this type of insurance as mandatory for healthcare institutions and private practitioners. It has been proposed to introduce compulsory medical professional liability insurance by approving necessary alterations the valid legislation.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"88 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242208","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.20
Roman Lohin
The paper analyzes modern scientific approaches to the definition of the concept, features of measures to ensure criminal proceedings and their classification. The relationship between this concept and the concept of procedural coercion is highlighted. It is emphasized that the signs of measures to ensure criminal proceedings should be divided into general and specific. General (generic) are those that are common to all types of procedural actions, i.e. inherent in other types of procedural actions. Specific or specific - those that are inherent exclusively to the means of ensuring criminal proceedings and allow to feed them from the range of procedural actions of other types. Methodology. During the research, a spectrum of both general scientific and special methods of cognition was applied, in particular, methods of dialectical and formal logic: analysis, synthesis, deduction, induction, comparative, and systemic-structural methods. Results. Emphasis is placed on the existing high degree of scientific development of the concept of measures to ensure criminal proceedings, which can become the foundation for further research of this institute of criminal proceedings, in particular, and in the direction of the peculiarities of their application in criminal proceedings regarding certain types of criminal offenses.
{"title":"Concepts, signs and classification of measures to ensure criminal proceedings","authors":"Roman Lohin","doi":"10.61345/1339-7915.2023.6.20","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.20","url":null,"abstract":"The paper analyzes modern scientific approaches to the definition of the concept, features of measures to ensure criminal proceedings and their classification. The relationship between this concept and the concept of procedural coercion is highlighted. It is emphasized that the signs of measures to ensure criminal proceedings should be divided into general and specific. General (generic) are those that are common to all types of procedural actions, i.e. inherent in other types of procedural actions. Specific or specific - those that are inherent exclusively to the means of ensuring criminal proceedings and allow to feed them from the range of procedural actions of other types. Methodology. During the research, a spectrum of both general scientific and special methods of cognition was applied, in particular, methods of dialectical and formal logic: analysis, synthesis, deduction, induction, comparative, and systemic-structural methods. Results. Emphasis is placed on the existing high degree of scientific development of the concept of measures to ensure criminal proceedings, which can become the foundation for further research of this institute of criminal proceedings, in particular, and in the direction of the peculiarities of their application in criminal proceedings regarding certain types of criminal offenses.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"85 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.21
S. Marko
The scientific article is devoted to the analysis of organizational and legal aspects of combating crimes against the environment in the conditions of war in Ukraine at the national and international legal levels. Arguments are presented regarding the relevance in the global, international dimension: criminalization of environmental damage at the level of the European Union and its member states; detailing the shortcomings of international legislation and revising the relevant directive on environmental crimes; creation of functioning of the International Registry of Losses. It was emphasized that the introduction of appropriate changes to international legislation will allow creating a comprehensive system of measures to combat environmental crime, ensure the unification of national legislative systems in terms of terminology, composition of crimes, as well as sanctions applied for their commission in armed conflicts. It was concluded that at the national level, it is necessary to take comprehensive measures to combat ecocide, develop a unified state policy in this area, establish an effective system for monitoring the state of the environment and fix the amount of damages, in particular, for the systematic presentation of legal claims for the payment of reparations. The national post-war recovery plan should include measures to restore and preserve ecosystems, in particular based on the analysis of regulatory legal acts in the field of environmental protection. It is justified that the ecological direction should include the development and implementation of a holistic, comprehensive plan for the ecological recovery of Ukraine from the consequences of the war. It is noted that the relevant mechanisms should be universal in nature and effectively prevent crimes against the environment in the world, be reflected in relevant resolutions of the UN General Assembly and other documents of the international law system.
{"title":"Organizational and legal aspects of combating crimes against the environment in the conditions of war in Ukraine","authors":"S. Marko","doi":"10.61345/1339-7915.2023.6.21","DOIUrl":"https://doi.org/10.61345/1339-7915.2023.6.21","url":null,"abstract":"The scientific article is devoted to the analysis of organizational and legal aspects of combating crimes against the environment in the conditions of war in Ukraine at the national and international legal levels. Arguments are presented regarding the relevance in the global, international dimension: criminalization of environmental damage at the level of the European Union and its member states; detailing the shortcomings of international legislation and revising the relevant directive on environmental crimes; creation of functioning of the International Registry of Losses. It was emphasized that the introduction of appropriate changes to international legislation will allow creating a comprehensive system of measures to combat environmental crime, ensure the unification of national legislative systems in terms of terminology, composition of crimes, as well as sanctions applied for their commission in armed conflicts. It was concluded that at the national level, it is necessary to take comprehensive measures to combat ecocide, develop a unified state policy in this area, establish an effective system for monitoring the state of the environment and fix the amount of damages, in particular, for the systematic presentation of legal claims for the payment of reparations. The national post-war recovery plan should include measures to restore and preserve ecosystems, in particular based on the analysis of regulatory legal acts in the field of environmental protection. It is justified that the ecological direction should include the development and implementation of a holistic, comprehensive plan for the ecological recovery of Ukraine from the consequences of the war. It is noted that the relevant mechanisms should be universal in nature and effectively prevent crimes against the environment in the world, be reflected in relevant resolutions of the UN General Assembly and other documents of the international law system.","PeriodicalId":514793,"journal":{"name":"Visegrad Journal on Human Rights","volume":"60 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140242462","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.28
Konstantin Tkach
This article conducts a comparative analysis of the current state of legal regulation in the healthcare sector in Ukraine and Hungary. The significance of healthcare issues has elevated them to the level of one of the most important state tasks and an internal function of the modern state. This necessitates not only the execution of effective state governance but also the formation and implementation of state policy in this sphere. The article is dedicated to the formation and implementation of state policy concerning the legal regulation of the healthcare sector in Ukraine and Hungary, which underscores its relevance. During the writing process, the author researched the system of legal relations and state bodies responsible for performing relevant functions and tasks in the formation and implementation of healthcare policy. It analyzes the legislative system regulating these areas and the practice of its application in both countries. The article identifies the roles and places of the Verkhovna Rada (Supreme Council) of Ukraine and the Hungarian National Assembly, as well as the Cabinets of Ministers and the executive branch systems in both countries in the realization of healthcare policy. Like most contemporary scientific developments in this field, the article covers problems of three scientific disciplines – medicine, management, and law. In preparing this article, the author reviewed a considerable amount of medical literature, particularly in social medicine and healthcare organization, thoroughly exploring their scientific issues in both Ukraine and Hungary. However, it aims to illuminate the issues and problems arising in this context, specifically from the legal standpoint, particularly administrative law. Therefore, the focus of this work is primarily on legal categories and concepts – the legal mechanisms for implementing state medical and health improvement programs, ensuring the constitutionally guaranteed right of individuals in Ukraine and the Fundamental Law of Hungary to medical care, healthcare, and medical insurance, particularly the guaranteed level of free qualified medical aid.
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Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.30
Pavlo Yasynovskyi
In the context of constantly changing geopolitical realities and expanding terrorist threats, the problem of military formations in the context of a criminal offense is becoming more relevant than ever. This article will examine the current state of this problem, determine its relevance and suggest possible ways to protect against this type of threat. The purpose of the work is to define the types of “military formation” and to establish their typical features. The methodological basis of the study is a combination of theoretical and practical approaches, within which general scientific and special legal methods are applied. The author analyzes the concept of “military formation” and identifies its types at the regulatory, legal and theoretical and legal levels. The article focuses on the issues related to the types of military formations and their inherent features, and their place in the criminal offense under Article 114-1 of the Criminal Code of Ukraine. The author concludes that legislative regulation of military formations in the area of criminal offenses requires immediate attention and effective measures. This issue is global, and therefore international cooperation and development of special forces are key factors for protection against crime. Our research allows us to distinguish the types of military formations: The Armed Forces of Ukraine and their structural subdivisions, characterized by the presence of all mandatory features of such formations as military; the National Guard of Ukraine and the Foreign Intelligence Service; military formations of the Security Service of Ukraine, the State Border Guard Service of Ukraine, the State Special Transport Service; other military formations, which include the State Service for Special Communications and Information Protection of Ukraine, the State Protection Department of Ukraine, etc.
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Pub Date : 2024-03-14DOI: 10.61345/1339-7915.2023.6.2
R. Bilokin
For a long time, there has been a scientific debate among legal scholars regarding the place of criminal procedural coercion in the area of procedural responsibility. The reason, in my opinion, is the etymology of this question through the prism of the socio-political development of the country and the heritage that Ukraine received along with independence. The identification of these concepts became possible only in the retrospective study, at the same time, procedural challenges of the criminal type give a new impetus to this discussion and expand the scope of the study of the specified problem. The criminal-procedural protection of the participants in criminal proceedings dictates requirements for strengthening criminal-procedural coercion on the part of state-authorized bodies and the court. The close interaction of the concepts of “procedural responsibility”, “procedural sanctions” and “procedural coercion”, according to some scientists (for example, Z. Zinatullin), give reasons to consider them to be combined into a single category. At the same time, some scientists (V. Rozhnova, Z. Kovryga) are convinced that the forms, limits, order of application and direction of actions are the circumstances that distinguish them from one another and provide an opportunity for independent study. However, there is a group of scientists who believe that criminal-procedural coercion is a type of criminal-procedural responsibility, and directly sanction is considered as a structure of criminal procedural norm (A. Blagodyr). That is why, in the article, the author tries to investigate the problems of the relationship between criminal procedural responsibility, measures of criminal procedural coercion and sanctions. I draw your attention to the fact that in the theory of the criminal process, both the sanctions of criminal procedural norms and the measures of criminal procedural coercion are diverse. Establishing such a model of behavior, the state provided not only the fact of punishment itself (punitive or penal sanctions), but also the possibility of compensation for the actions of its authorized bodies (compensatory sanctions) or even bringing back to the original state or restoring the procedural status (restorative) of the persons involved in the process or who were affected by issues related to the process. Another feature of these legal relations is that each criminal offense is associated with the use of criminal procedural coercion. At the same time, criminal procedural coercion goes beyond the scope of the committed criminal offense and can be applied outside its jurisdiction. For example, the plea of a witness as a procedural figure and the plea of an eyewitness who has not yet received procedural status are closely related to the concept of coercion, although they differ in the nature of their application. That is why a number of scientists consider it necessary to narrow the range of coercive measures, linking them with a procedural form an
长期以来，法律学者们一直在就刑事程序胁迫在程序责任领域的地位进行科学辩论。在我看来，其原因在于从国家社会政治发展的棱镜和乌克兰独立后所获得的遗产的角度对这一问题进行的词源学研究。只有在回顾性研究中才有可能确定这些概念，与此同时，刑事类型的程序挑战为这一讨论提供了新的动力，并扩大了特定问题的研究范围。对刑事诉讼参与者的刑事诉讼保护要求加强国家授权机构和法院的刑事诉讼强制力。一些科学家（例如 Z. Zinatullin）认为，"程序责任"、"程序制裁 "和 "程序强制 "这三个概念之间存在密切的相互作用，因此有理由将它们合并为一个类别。同时，一些科学家（V. Rozhnova、Z. Kovryga）坚信，行动的形式、限制、实施顺序和方向是将它们区分开来的条件，并为独立研究提供了机会。不过，也有一部分科学家认为，刑事诉讼强制是刑事诉讼责任的一种，直接制裁被视为刑事诉讼规范的一种结构（A. Blagodyr）。因此，作者在文章中试图研究刑事诉讼责任、刑事诉讼强制措施和制裁之间的关系问题。笔者提请大家注意，在刑事诉讼理论中，刑事诉讼规范的制裁和刑事诉讼强制措施都是多种多样的。在建立这种行为模式时，国家不仅提供了惩罚事实本身（惩罚性或刑罚性制裁），还提供了对其授权机构的行为进行补偿的可能性（补偿性制裁），甚至使参与程序的人或受程序相关问题影响的人恢复原状或恢复程序地位（恢复性）。这些法律关系的另一个特点是，每一种刑事犯罪都与刑事诉讼强制的使用有关。同时，刑事诉讼强制超出了所实施的刑事犯罪的范围，可以在其管辖范围之外使用。例如，证人作为程序性人物的申辩和尚未获得程序性地位的目击证人的申辩，虽然在适用性质上有所不同，但都与强制的概念密切相关。这就是为什么一些科学家认为有必要缩小强制措施的范围，将其与诉讼形式和刑事诉讼责任联系起来（I. Petrukhin）。作者呼吁进行科学讨论，以缩小关于这一问题的意见和理论的范围。
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