Tag: crime

Annotation: The state performs the most important function - to counteract criminal offenses and punish those who committed it, in order to create and guarantee security and peace to its citizens. The most common form of criminal response to the commission of criminal offenses is criminal liability, which is the main means of combating crime. It is a fundamental element of criminal law. The current legislation does not contain a definition of criminal liability, but some scholars in their work, claim that it is the legal obligation of the perpetrators to be subjected to criminal law for the crime. Others believe that criminal liability is the forced state conviction of a person who has committed a crime by establishing certain restrictions of a personal, property nature, which are provided by the Criminal Code of Ukraine. Since Ukraine's independence, criminal law has marked many changes on the path to perfection. Despite this, there are still current problems in the rules of criminal law. Among the modern problematic aspects of criminal law, a special place is occupied by the issue of criminal liability. This article analyzes the problematic aspects of criminal liability, which together create one of the current problems of criminal law in general. During the work, a number of works of scientists who considered this issue were researched and analyzed. The relevance of this topic lies in the analysis of conflicts and gaps in criminal law in the field of criminal liability. In addition, there is a need to address and propose ways to improve national criminal law, which will overcome the problems in this matter. Taken together, such research guarantees the achievement of social justice by sentencing the offender, correcting him in the future, and preventing future crimes by that offender as well as others.

Annotation: According to the current legislation of Ukraine, namely Article 26 of the Criminal Code of Ukraine, complicity is the intentional joint participation of several subjects of a crime in the commission of an intentional crime [1]. Based on this definition, Ukrainian doctrine distinguishes both subjective and objective signs of complicity in criminal law. From the objective point of view, the indispensable feature of complicity is the participation in one crime of two or more subjects (individuals) who have reached the age of criminal responsibility and were sane at the time of the crime. This is a quantitative sign of complicity. A qualitative feature of complicity is the commonality of actions of the participants, which is as follows: 1) a criminal offense is the result of the joint efforts of all accomplices; 2) the socially dangerous consequence (in relation to crimes of material composition) is unique and indivisible in relation to all participants and is blamed on each of them regardless of the role he played in the commission of the crime; 3) the causal link between the actions of all participants and the objective side of the crime committed by the perpetrator, the joint result would not be achieved without the actions of all participants. The subjective side of complicity is always characterized by the intentional form of guilt of all participants. The intention of the accomplices must be common and enshrined in reaching an agreement between them. If the conspiracy does not take place, there will be no complicity. Ways to achieve conspiracy in complicity can be any: oral, written, by committing implicit actions, the use of technical means (telephone, Internet), etc. For complicity, the way to reach a conspiracy does not matter, the main role here is played by common intent. Intention in complicity is usually direct, but in some cases complicity with indirect intent is possible. The motives and purpose of the participants may not coincide. They are of no fundamental importance for the presence of complicity. According to Part 1 of Article 27 of the Criminal Code of Ukraine, the accomplices of the crime are: perpetrator, organizer, instigator and accomplice [1]. Sometimes in practice such a person is singled out as the initiator of a crime. However, the initiator is almost always such an entity as the instigator or organizer of the crime, so the Ukrainian legislator did not resort to identifying the initiator as an independent accomplice to the crime. This article explains the forms of complicity in criminal law in several areas: as the main feature of the crime; as a qualifying feature; as an aggravating sign, focuses on the problems of such areas. Draws attention to the signs of the form of complicity and problematic issues regarding them.

Annotation: This article examines human trafficking as a negative phenomenon, as a manifestation of criminal activity and as a transnational problem. This criminal offense is considered through the analysis of the concept of "trafficking in human beings", which is developed and approved by the UN. In addition, the paper examines the main objectives for trafficking in certain categories of persons.

Annotation: The article is devoted to the organizational and legal support of the sphere of counteraction to illegal migration: problems, tendencies and mechanisms for solving modern legislative shortcomings. Theoretical and practical aspects of operational and investigative characteristics of crimes are revealed. It is emphasized that when detecting and documenting illegal activities related to illegal migration, it is necessary to pay attention to the fact that such activities usually involve experienced IT professionals who are responsible for disseminating information about illegal migration on social networks. The issues of organization of activity of operative-search divisions of the State Border Guard Service on counteraction to cross-border crime are covered and the purposes of use of materials of operative-search activity which can be used are clearly defined: as reasons and bases for initiation of criminal case or carrying out urgent investigative actions; to obtain factual data that may be evidence in a criminal case. The article analyzes the essential features of operational and investigative activities as an important component of integrated border management and identifies areas for improvement. Population migration is a huge resource that must be used rationally. To this end, it is important to exercise state control over migration flows, which will minimize the negative effects of natural resettlement and enhance the positive effect of migration. The 21st century is sometimes called the century of migration. Migratory movements, the scale of which is constantly growing, and the directions and composition are diversifying, have become a significant factor in the development of a globalized world. They have a significant impact on the quantitative and qualitative composition of the population, economy, politics, culture. Since migration policy is largely a response to the challenges of migration processes, its analysis is impossible without understanding the specifics of modern migration. The negative effects of the migration crisis in Europe indicate the danger of uncontrolled migration processes to ensure stability in society, maintain interethnic peace and harmony.