„Noua” incriminare a evaziunii fiscale comise prin reţinerea şi neplata, respectiv, încasarea şi neplata anumitor impozite şi/sau contribuţii

Author(s): Adrian Fanu-Moca / Language(s): Romanian Issue: 2/2022

This study analyzes the need to recriminalize the crime of tax evasion committed by withholding and non payment, respectively, the collection and non payment of certain taxes and/or contributions expressly provided for in the annex to Law no. 241/2005, under the conditions in which such a deed with strong reverberations in the Romanian social environment had been decriminalized by the legislator's passivity after the publication of the Constitutional Court Decision no. 363 of May 7, 2015, by which the unconstitutionality of the provisions of art. 6 of this law.

ПРОБЛЕМ УЗРОЧНОСТИ У КРИВИЧНОМ ПРАВУ

Author(s): Ilija M. Jelić / Language(s): Serbian Issue: 3/2022

ПРОБЛЕМА БЕЗОПАСНОСТИ И РЕФОРМЫ АРМИИ ДЕМОКРАТИЧЕСКОЙ РЕСПУБЛИКИ КОНГО

Author(s): Galina M. Sidorova / Language(s): Russian Issue: 3 (2)/2013

The article deals with the security issues and the related army reform in the Democratic Republic of the Congo (DRC). We focus on the continuing armed conflicts in the east of the DRC, destabilizing the situation in the region. We analyze the facts of human rights violation and the factors impeding the creation of the national army in the country. We also cover the problem of the DRC military cooperation with a number of other countries. The analysis enables us to broaden the understanding of the origin of armed conflicts in subtropical Africa and to define the specific features of the DRC military forces. We make a conclusion that the army reform in the DRC is a complicated process, which will demand great efforts and determined decisions of the DRC authorities. However, due to the lack of financing and professional personnel, these problems remain so far unsolvable.

Проблема визначення суб’єкта зловживання впливом (ч. 2 ст. 3692 КК України) та її вирішення

Author(s): V. Kirichko / Language(s): Ukrainian Issue: 128/2015

The paper analyzes the problem of determining who may commit a crime under part 2 article 369-2 of the Criminal Code of Ukraine. Defined: 1) only any official or person who provides public services may commit this crime, 2) trading in influence means that said person uses the opportunities associated with his official status for undue influence on a person authorized to perform state functions.

Проблема розмежування кримінальної та адміністративної відповідальності за порушення заборон одержання неправомірної вигоди й подарунків, шляхи її вирішення

Author(s): V. Kirichko / Language(s): Ukrainian Issue: 138/2017

The article deals with changes in the anti-corruption legislation of Ukraine regarding gifts. In particular, gifts are legally defined in a different way than undue advantage. Gifts characterize acts related to corruption and in which there are no signs of corruption. The notion of undue advantage characterizes corrupt acts. The author of the article proves that a public official receives a gift as a token of gratitude after the correct execution of his official functions or without connection with the performance of his official functions. Violation of prohibitions on receipt of gifts entails administrative responsibility under Art. 172-5 of the Code of Ukraine on Administrative Offenses. Violation of legislative prohibitions on solicitation or acceptance of an undue advantage entails criminal liability under articles of the Criminal Code of Ukraine. The article presents scientific explanations and practical recommendations for making a new decision on liability for violation of legislative prohibitions on receiving gifts. Proposals for amendments to articles 354, 368, 368-3, 368-4, 369, 369-2 of the Criminal Code of Ukraine have been developed. It is expected that they will indicate that when committing the corruption offenses provided for in these articles, a person requires an undue advantage or agrees to receive an undue advantage in exchange for actions related to his official powers. Such a requirement or consent always precedes the actions associated with its official powers.

Проблеми в правоприлагането на обидата и клеветата в светлината на правото на защита срещу посегателството върху честта, достойнството и доброто име

Author(s): Simona Veleva / Language(s): Bulgarian Issue: 1/2018

The paper addresses some crucial issues related to insult and slander. The definition and protection of the dignity, honour and reputation as constitutionally protected values are discussed. The legal regime of insult, defamation and slander in some European countries are also marked, as well as some major disturbing tendencies related to freedom of expression related to them. The legal framework of insult and slander in Bulgarian criminal law are examined in detail. The paper examines the specifics related to the increase of slander and insult in the internet and the related problems. It also shreds light on those problems concerning minors and the need of better protection at schools through soft law and self-regulation.

ПРОБЛЕМИ ВДОСКОНАЛЕННЯ КРИМІНАЛЬНО-ПРАВОВОЇ ВІДПОВІДАЛЬНОСТІ ЗА ВБИВСТВО, ВЧИНЕНЕ З МЕТОЮ ПРИХОВАТИ ІНШИЙ ЗЛОЧИН АБО ПОЛЕГШИТИ ЙОГО ВЧИНЕННЯ (ЗА КРИМІНАЛЬНИМ КОДЕКСОМ УКРАЇНИ)

Author(s): A. Wardanian / Language(s): English,Ukrainian Issue: 3/2013

Annotation. Problems of improvement of the criminal liability for the murder made on purpose to put by other crime are solved or to facilitate its fulfillment (in criminal law of Ukraine). Changes in article 115 of the Criminal code of Ukraine are offered.

Проблеми визначення сутності психологічного профілю особи невідомого злочинця у слідчій діяльності

Author(s): Galina Getman / Language(s): Ukrainian Issue: 136/2017

In the article principle of psychological profile of unknown criminal person in investigational activity is examined. Validity of this approach appears at importance of the use of modelling method as innovative direction of investigation. Thus, an author marks that to application of this method research of theoretical principles and preparation of practical recommendations must be preceded in practical activity of investigator.The author marks that to the problems of social and psychological description of criminal person, in particular, unknown, in criminalistics and psychological literature certain attention was spared and determines separate scientists (I. М. Luzgin, V. О. Оbrazcov and S. М. Bogomolov, І. S. Safuanov, Yu. V. Chufarovskii and others) works of that were devoted to research of this problem. However, for today, in criminalistics and legal psychology unambigiuous looks are absent in relation to the use of psychological knowledge in investigational activity. Therefore the aim of this article is consideration of separate theoretical problems of the use of modelling method during establishment of unknown criminal person in investigational activity.By the author of the article of analysis different determinations of «psychological profile of unknown criminal person» were subjected. They are set positive lines and separate positions that in opinion of author are not expedient and important are subjected to criticism. That is why, the author points in conclusions the argued positions in relation to the necessity of the use of psychological profile of unknown criminal person during investigation of criminal realizations in activity of investigator.

Проблеми визначення та розподілу процесуальних витрат у кримінальному провадженні

Author(s): O. V. Kaplina / Language(s): English,Russian,Ukrainian Issue: 144/2019

The article deals with the issues of determination and distribution of court costs during criminal proceedings. On the basis of the generalization of judicial practice, it was concluded that there was no unity in the approaches to determining the types of procedural costs in criminal procedure, the assignment of litigation fees to court costs. The terminology used in the criminal procedural and civil procedural legislation is analyzed. This gave the possibility to state the inappropriateness of identifying the concepts of «procedural expenses» and «court costs», because the latter are broader concept, since in civil proceedings the court costs include litigation fees and expenses which are connected with the hearing of the case. It is concluded that it is inappropriate to charge the litigation fee from the victim, who submit to the accused the civil action in criminal proceeding, and in connection with this the charge from the accused the litigation fees as a procedural expense.

Проблеми залучення спеціалістів до проведення огляду місця події (організація і тактика)

Author(s): Victoria Yaremchuk / Language(s): Ukrainian Issue: 08/2015

Problem setting. The adoption of the Law of Ukraine «On national police»leads to substantive changes in organization of an investigator profession. Thesetransformations affect interactions between national police investigators andspecialists.Relevance of the research topic. Today it is important to analyze organizationand tactics of specialists’ participation in an incident site inspection in the context ofreforming criminal justice authorities, in particular, the national police, prosecutor’soffice.Recent research and publications analysis. A specialist’s participation ininvestigative actions (search activities), in particular, in inspection was explored byscholars such as R. H. Ardashiev, R. S. Bielkin, О. А. Levi, V. М. Makhov, І. V.Pyrih, V. V. Tsyrkal, V. Yu. Shepitko, М. P. Yablokov.Paper objective. The purpose of the paper is to explore organization andtactics of specialists’ involvement in an incident site inspection.Paper main body. At present specialists are important participants of anincident site inspection during investigation of various criminal offences.Investigators contact appropriate specialists even when planning an incident siteinspection. Depending on a type of the investigated criminal offence an investigatorinvolves specialists of a certain type.Involvement of specialists varies depending on their types. For example,organization of participation of cytologists with sniffing dogs requires optimization.It is wrong that the operational investigative group, which went to an incident sitehaving received a notice of criminal offence commitment, shall organize cytologistsso they arrive at this incident site. It runs counter to the provision on an incident siteinspection urgency. At present there are significant difficulties in organization of aforensic expert’s involvement in an incident site and corpse inspection. In practice,one forensic expert serves several districts in the city when is on duty. Thereforeinspections can be conducted even in a day following a person’s death. There is aneed to increase a quantity of Forensic Medical Bureau staff in order to make theirassistance to investigators effective. Difficulties also arise in organization of scubadivers’ involvement in water reservoir inspection and corpse search.It is also required to turn to issues on tactics of specialists’ involvement in anincident site inspection. Different attitudes on understanding of tactics of specialists’involvement are expressed in literature (А.V. Kofanov, V.М. Makhov). It shouldnoted that a specialist provide an investigator assistance in tactical techniquesimplementation during an incident site inspection.Practice knows false approaches to tactics of specialists’ involvement in anincident site inspection. In one case investigators refuse to examine before a specialistcomes. In another case a specialist individually examines before an investigatorarrives at the incident site and this investigator, not examining the incident place,makes records on detected objects according to oral information provided by thespecialist. Therefore it is advisable an investigator and a specialist to jointly inspectan incident site. If there are several incident sites an investigator and a specialistseparately conduct inspection, and this situation is incorrect. Though they will saveworking time, an incident site inspection is not fully conducted.During an incident site inspection we propose to use several specialists: (А)possessing various special knowledge; (Б) specialists who use special knowledge inone special subject area; (В) it is possible to involve a body of specialists; or toinvolve a group of specialists when simultaneously conducting inspection of severalincident sites.It is inadvisable to draw up two protocols by a specialist and an investigator. Itwill lead to piling-up of unnecessary criminal proceeding materials. Moreover, aspecialist will interfere in an investigator’s evidence activity when drawing up aparticular document. Therefore it is essential to reflect specialists’ research in theprotocol of investigative action (search activities).Conclusions of the research. Thus, the paper gives proposals for organizationof involvement of specialists of separate categories in inspection. Forensic sciencesrecommendations on tactics of specialists’ involvement in inspection are made.Discussed problematic issues on recording of specialists’ actions during an incidentsite inspection. Issues on tactical characteristics of specialists’ involvement ininvestigative actions (search activities) remain relevant and it specifies the need offurther development of appropriate topics

ПРОБЛЕМИ КРИМІНАЛЬНОГО ПРОЦЕСУАЛЬНОГО ЗАТРИМАННЯ ОСОБИ

Author(s): W. Farynnyk / Language(s): English,Ukrainian Issue: 4/2014

The characteristic features of criminal procedure a person's detention. Identified problems of criminal procedural regulation of detention and the necessity of amendments to the criminal procedure code of Ukraine.

Проблеми на наказателния процес в Украйна в контекста на съвременната конституционна доктрина

Author(s): Maria Markush / Language(s): Bulgarian Issue: 2/2013

ПРОБЛЕМИ НА НАКАЗАТЕЛНОПРАВНАТА КВАЛИФИКАЦИЯ НА ПОДКУПА

Author(s): Rumen Markov / Language(s): Bulgarian Issue: 1/2020

This article is an attempt to answer the questions that arise most commonly in connection with bribery case law and at the same time present considerable complexity. The article pays special attention to the problems related to the completion of active bribery under Art. 304(1) and art. 304a of the Criminal Code (CC); the relation between the forms of the act under art. 301–302a CC and Art. 304 and 304a CC; the criminal qualification in the case of successive implementation of separate forms of the act of execution with identical type and amount of the benefit, and when it is different in type and size; the object of the subsidiary forms of bribery, etc.

Проблеми на правната квалификация в случаите на причиняване на смърт с огнестрелно оръжие и силно действащо отровно вещество

Author(s): Nadya Pandilova / Language(s): Bulgarian Issue: 2/2021

This article addresses the issue of the distinguishing criterion between the constituent elements of the simple (Art. 122, para 2 CC) and professional negligence (Art. 123, para 1 CC) in cases where death is caused by a firearm or a highly active poisonous substance. It is concluded that, in order to distinguish between the constituent elements of the abovementioned crimes, it is necessary for the law enforcement authorities to assess the nature of the causative activity itself.

ПРОБЛЕМИ НА СИГУРНОСТТА ПРИ ИЗПОЛЗВАНЕТО НА ЯДРЕНАТА ЕНЕРГИЯ СПОРЕД БЪЛГАРСКОТО ЗАКОНОДАТЕЛСТВО

Author(s): Olga Gennadievna Borisova / Language(s): Bulgarian Issue: 1/2016

In the article the author presents that there are advantages and disadvantages in the use of nuclear energy. Protection system is built with the help of legal, engineering and organizational measures. The author make analysis of the legal regime of obligation, precautions and monitoring designed to protect human health and environment from the harmful effects of nuclear energy. The security of nuclear technology must be managed by protecting the human health and the environment from ionizing radiation and keeping in good condition of technical systems. The concept of restriction in the legal sense of the ban is not an absolute guarantee of radiological protection and nuclear safety. It was replaced by the concept of acceptable risk. This mode can be seen as a tool for responsibility of all participants in the sector, not just as a series of safeguards to protect the public from potencial intruders. Radiation protection in Bulgaria is in accordance with European legislation and international legal approach of nuclear safety.

ПРОБЛЕМИ НА СЪВРЕМЕННАТА НАКАЗАТЕЛНА ПОЛИТИКА

Author(s): Svetla Margaritova-Vuchkova / Language(s): Bulgarian Issue: 1/2020

The article substantiates the idea that continuous changes in criminal law aimed at increasing repression should not be the basis of a modern penal policy. Penal policy formulation correlates with the level of scientific knowledge on the subject of criminal activity, crime, criminal offender, victim of crime, the effectiveness of criminal acts and justice. There can't be any consistent and efficient penal policy without the joint expertise of professionals from a wide range of legal science and law practice fields. This policy should be focused towards a well thought-out science-based strategy.

Проблеми относно прекратяването на наказателното производство

Author(s): Evdokia Kemalova,Krastyu Krastev,Nikolay Darmonsky / Language(s): Bulgarian Issue: 5/2001

Some controversial issues are addressed in the article concerning the abandon of prosecution. First of all some differences on principle in the competence of the prosecutor's office are discussed. The author also studies some problems of abandon of prosecution by the public prosecutor under Art. 237 of Penal Procedure Code and abatement of court authority to abandon prosecution due to evident groundlessness of the indictment. Attention is paid to the authority of the Court of Appeal to abandon the prosecution in some hypotheses under Art. 21 of the Penal Procedure Code and the possibility for re-opening of an abandoned prosecution.

Проблеми при оценката за достоверност на свидетелски показания в наказателния процес

Author(s): Vanya Ilieva / Language(s): Bulgarian Issue: 1/2017

In theory and practice objective criteria have been established to justify the conclusionon /not/ veracity of testimony, but they are rather the external expression and reason for justifying the sole criterion for the evaluating subject – their convincingness. In assessing this criterion, we submit both proof(s) and its source.

ПРОБЛЕМИ ПРИ ОЦЕНКАТА НА ДОКАЗАТЕЛСТВАТА В НАКАЗАТЕЛНИЯ ПРОЦЕС ПРИ УСТАНОВЯВАНЕ НА ОТРИЦАТЕЛНИ ФАКТИ

Author(s): Vanya Ilieva / Language(s): Bulgarian Issue: XIII/2015

The difficulty in proving negative facts in the criminal process e particularly high in one of the most - common practice in tax crimes - tax evasion by deducting the undue tax credit when there actually takes delivery. The presence of positive and negative facts often leads to wrong approach in assessing the evidence collected.

Проблеми при транспониране на норми от международни договори и от актове на ЕС в българския Наказателен кодекс

Author(s): Rumen Vladimirov / Language(s): Bulgarian Issue: 7/2017

In the paper there is above all a general review and analysis of the process of transposition. Under special emphasis are both its positive aspects and its defects. Further on in a critical perspective under consideration is the issue of the shortcomings with regard to the transposition of Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive). Under particular consideration is the transposition of the crime under Article 3 of the Directive (the so-called "abuse with inside information") in Article 260а of the Bulgarian Criminal Code and the defects effected in this regard.