сторія міжнародно-правового регулювання питань, пов’язаних із застосуванням комп’ютерних технологій

Author(s): M. Kamchatniy / Language(s): English,Russian,Ukrainian Issue: 134/2016

The article studies the genesis of legal regulation of cybersecurity in international law, the definition of the place of the problem in relations between subjects of international law. Examples of high-profile cyberattacks that took place internationally are shown. In recent years, human dependence on new technologies has grown rapidly. However, the use of such technologies also opens new ways to abuse via the Internet. With the development of new technologies cyberspace becomes as important space as land, air, water or space in which states compete for ensuring their national interests. Such space also attracts the attention of international terrorist groups, transnational organized crime etc. A number of scientists devoted their papers to the subject of cybersecurity, among them A. Pazyuk, D. Dubov, A. Merezhko. Much more attention on the issue of cybersecurity research in international law was paid by foreign experts, including M. N. Schmitt, W. Heintschel von Heinegg, V. Boothby. The article shows examples of international norms in cyberspace. Accordingly the foundations for further cooperation among the States were laid by the number of Resolutions of the General Assembly of the United Nations. One of the main documents in this field within the Council of Europe is ratified by 49 states Convention on Cybercrime in 2001 and Optional Protocol to the Convention of 2003. Within the EU the first document regulating cyberspace is Directive 95/46 of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In 2016 EU has adopted the EU Network and Information Security (NIS) Directive. As an example of doctrinal codification the Tallinn Manual on the International Law Applicable to Cyber Warfare was issued in 2013. It is also mentioned in the article that states are actively working on preparing national legislation and adopting strategies for cybersecurity. It is noted that the issue of cybersecurity is becoming more acute problem not only at the national level and therefore requires expansion of international legal cooperation between subjects of international law to maintain peace and prevent solving cyber warfare, which may be accompanied by kinetic.

Стратегии препятствия оправданию в районных судах присяжных: реформа присяжных в России через социологию Лумана

Author(s): Konstantin Skoblik / Language(s): Russian Issue: 2/2021

The crime control model has been operating in Russia since the 1960s. The well-oiled machine of criminal justice based on this model had been producing the 99.8 percent conviction rate until the jury system reform began in 2018. This reform aimed to legitimize criminal justice by introducing jury trials to district courts. In the first two years of the reform, newly introduced jury trials produced acquittal rate of close to 25 percent, which is more than 100 times higher than the previously common acquittal rate of 0.2 percent. It is clear that jury trials are destabilizing the Russian criminal justice system instead of legitimizing it. Preliminary results of the study on which this article is based show that an evolution of the crime control model is underway in Russia. The criminal justice system deploys various strategies to decrease chances of acquittal in jury trials. Among the frequently recurring ones are manipulation in communication, trial “recursion,” trial acceleration, and system’s learning. Additional strategies, observed more infrequently, include the prosecution using victims to persuade jurors (when victims ask inadmissible questions during examination or give an emotional speech in front of the jury) and the court’s assistance to prosecutors in presenting evidence (giving advice on how to present photographic evidence effectively or how to conduct an examination). All these practices allow the system to control the acquittal rate and stabilize itself. The theoretical frame of the study is based on Niklas Luhmann’s autopoiesis theory (irritations, system’s capacity for irritability, coevolution). Because of the autopoiesisbased approach, I conceptualize the jury trial as a structural coupling between the crime control model and political system. This type of trial appears to be a source of system irritations that lead to its evolution. Methodologically, the study is based on observations of jury trials and defense lawyers’ working groups.

СТРАТЕГИЈА ПОМОЋИ ДЕТЕТУ ЖРТВИ ЗЛОСТАВЉАЊА

Author(s): Miomira P. Kostić / Language(s): Serbian Issue: 34-35/1995

L'enfant - victimes des sevices soufre des différentes conséquences. Chacune des formes du mauvais traitement produit certaines conséquences pour l'enfant. Sans égard à la forme de la violence qu'il subit, les conséquences les plus graves se manifestent dans le développement psychiquee de l'enfant. L'abus sexuel à la première vue ne laisse pas de traces visibles, mais il se reconnaît dans "les yeux vides de l'enfant". Le service de l'aide social offre de l'aide aux victimes à plusieurs niveaux: le contact directe avec le faiteur, l'intervention dans la situation de la crise, l'aide dans le but d'éliminer les conséquences qui durent ainsu que les mesures générales de prévention dont on empeche la soufrence renouvelée ou dont on adoucit les conséquences durables.

СТРАТЕГИЧЕСКИ ИЗМЕРЕНИЯ НА КУЛТУРНАТА ИДЕНТИЧНОСТ И ИНТЕГРИТЕТ

Author(s): Stefan Michev / Language(s): Bulgarian Issue: 1/2017

Identity and spiritual integrity become crucial when trying to solve global problems and have strategic importance for development. Cultural identity is the foundation of personal human security and fulcrum of any national security. The loss of cultural identity affects the security of the nation and generate hostility towards others. National and international security systems prove inadequate to today's security challenges because postmodern society new „weapons” are not of physical reality.

СТРАТЕГИЯ ЗА НАЦИОНАЛНА СИГУРНОСТ НА РЕПУБЛИКА БЪЛГАРИЯ

Author(s): Evgeni Manev / Language(s): Bulgarian Issue: 1/2017

The research analyzes some important elements of the content of the National Security Strategy of the Republic of Bulgaria 2011 based on the scientific theories. It points out important ways to improve the organizational processes for the development of the National Security Strategy for the Republic of Bulgaria and its content and practical applicability as well.

Строк проведення стаціонарної судово-психіатричної експертизи та його продовження у кримінальному провадженні

Author(s): O. I. Tyshchenko / Language(s): Ukrainian Issue: 153/2021

The article discusses the problematic issues of calculating the term for placing a person in a medical institution for the purpose of conducting the inpatient forensic psychiatric assessment (hereinafter referred to as the FPA) in criminal proceedings.Based on the materials of judicial practice: 1) a wide variability of the approaches of judges is demonstrated in the determination of the term for carrying out the FPA in the resolutions (since the legislator, in part 2 of Article 509 of the Criminal Procedure Code of Ukraine (hereinafter – the CPC), indicates only the upper limit of the time period for carrying out the FPA – up to two months); 2) the decisions of judges on the prolongation of the FPA are highlighted and analyzed. The necessity of legislative regulation of prolongation of the FPA term at the level of criminal procedural legislation of Ukraine is proved.In a comparative aspect, the normative regulation of the FPA term and the procedural mechanism of its prolongation in the criminal procedural legislation of the neighboring countries – Kazakhstan, Moldova, Uzbekistan, Estonia, etc. are illustrated. At the same time, the positive experience of foreign countries was recognized as suitable for adoption in the following aspects: (a) determination of the term of the FPA in days; (b) prolongation of the FPA at the reasoned request of the expert (commission of experts); (c) prolongation of the FPA for up to 30 days. In this case, the general term of a person’s stay during one FPA cannot exceed 90 days. However, if an additional or repeated FPA is required, its term must be recalculated. Attention is focused on the fact that the results of the assessments carried out may be different, but the establishment of a reliable mental state of a person acquires particular importance when deciding whether a person is subject to criminal liability. Therefore, it is emphasized that it is inexpedient to propose legislative regulation of the term limit for conducting the FPA in relation to a specific person in one criminal proceeding. It is concluded that since the issue of sending a person to a medical institution for a psychiatric assessment is resolved in the manner prescribed for submission and consideration of applications for precautionary measures (Part 2 of Article 509 of the CPC), it is logical that the prolongation of the inpatient FPA may occur in the order of extension of detention (Article 199 of the CPC).

СТРУКТУР A И ТЕНДЕНЦИЈЕ КРИМИНАЛИТЕТА У СВЕТУ

Author(s): Uglješa Zvekić / Language(s): Serbian Issue: 4/1995

The present paper is a review of the problems and shortcomings of statistical elaboration of phenomena of criminality at the international level. The four already effected study programs on the condition and tendencies of conventional criminality have showed that in the majority of countries official statistics were neither complete nor up-to-date. Additional shortcoming comes from comparing the data, due to differences in approaches in determining criminal offences, in their classification and elaboration. These problems lower the realability of data collected, as well as the quality of interpretation. The conventional criminality study is based on data collected through international exploring of the victims of . criminality, in three groups of countries: developed ones, under-developed and the East European countries. The study includes, in addition to the analysis of some of the most frequent criminal offences, the attitudes of citizens to police and penal policy. Organized crime is at present a rather frequent subject of study and exploration, which is concentrated to the characteristics of organized crime activity, groups involved, and their basic activities. As a sort of conclusions it is emphasized that the policy of prevention and control of organized criminality requires patience, scientific approach and a responsible policy of development of society.

СТРУКТУРА ВІТЧИЗНЯНОГО АДМІНІСТРАТИВНОГО СУДОЧИНСТВА ЯК СИСТЕМА ОКРЕМИХ ПРОВАДЖЕНЬ

Author(s): I. Slywycz / Language(s): English,Ukrainian Issue: 4/2013

In this article the structure of the domestic administrative proceedings is examined with the system approach as a set of separate proceedings connected with each other to the most effective protection of the rights and freedoms of all subjects of public relations. The author proposes to consider this problem from the standpoint of differentiation procedural form identifies common, simplified and complicated the proceedings in the structure of the administrative proceedings.

Структура на въззивното производство (два стадия и шест етапа на съдебното заседание)

Author(s): Georgi Mitov / Language(s): Bulgarian Issue: 2/2015

Appeal proceedings has a specific structure that differs from that of the first instance. It consists of two stages – preparatory actions for examination of the case at a court hearing and court hearing of the appellate jurisdiction. Like the first instance, the preparatory actions for examination of the case at a court hearing, is a separate stage and possesses features that distinguish it from the same actions in the first instance. The mere court hearing of the appellate jurisdiction has six stages – the new stage, compared to the first instance, is a report by the judge-rapporteur, who is following the sub-stage actions to allow the case to progress at court hearing, and before sub-stage judicial trial.

Структура судских већа у кривичним судовима

Author(s): Veljko Turanjanin,Dragana S. Čvorović / Language(s): Serbian Issue: 2/2018

The composition of a criminal court stands as one of the most interesting issues in the comparative law. Different viewpoints when it comes to the need of including non-professional citizens in the contemporary criminal procedure have contributed to interesting approaches related to regulating this issue. First of all, there are original jury systems that are a feature related mainly to the Anglo-American legal systems, but whose ideas have found their place in the European legislature as well. Furthermore, there are countries where the trial body stands as a separate authority, which consists of professional judges and lay judges, whereas some of the countries have both professional judges and lay judges, the first being in charge of resolving legal issues, and the second ones being in charge of factual issues. There are many articles devoted to the jury systems in the world, but in a very small proportion of them we could find solutions from the mixed court of the Balkan countries. Mixed court is one of the features continental countries. The authors compare Balkan countries, where Slovenia and Croatia being the European Union Members, whereas the rest of them are in the process of accession. Thereby, some of the countries strive to get their courts become more professional by leaving out citizens non-professional from the composition of trial chamber, while some of them have kept them, whereby the scope of their jurisdiction varies from one country to another. Today, it is a great question whether a mixed court will survive legislative changes, due to the criticism of the jurists and non-jurists.

Студентски стихотворения

Author(s): Dobrinka Chankova / Language(s): Bulgarian Issue: 1/2020

Суб´єкти кримінального судочинства та ювенальної юстиції, які запобігають злочинності неповнолітніх у ФРН

Author(s): A. Yu. Dziuba / Language(s): Ukrainian Issue: 143/2018

The article is devoted to the study of certain aspects of the functioning of the juvenile justice bodies of the Federal Republic of Germany, which carry out the prevention of juvenile delinquency. In particular, the police, probation services, educational institutions, judiciary, employment services and other organs of juvenile justice of the Federal Republic of Germany. The author has studied and analyzed modern scientific literature, original results of scientific research and the legal framework of a foreign language country in the original language. The basic principles of work and peculiarities of functioning of each separate subject of juvenile delinquency prevention in the Federal Republic of Germany are analyzed, as well as the expediency and possibility of harmonizing the work of juvenile justice bodies in Ukraine and the Federal Republic of Germany. The necessity of close cooperation and more thorough coordination of work between state authorities, local self-government and youth organizations, volunteer movements, private sector entities, and other non-state associations were substantiated. Studying the experience of working with minors in the relevant structures of Germany is especially important for our country towards the introduction of European standards in the field of juvenile justice, which is a priority within the framework of interaction between Ukraine and the EU, especially taking into account in the implementation of modern trends of criminal-law and criminological policy on the reform of the juvenile justice bodies of Ukraine. The importance of work of the juvenile justice bodies of the Federal Republic of Germany is emphasized in the fundamental idea of accomplishment, which is embodied in the special juvenile criminal legislation of the Federal Republic of Germany, and in its use by the relevant authorities in practice.

Субект на пасивния подкуп

Теория и съдебна практика

Author(s): Ekaterina Roglekova / Language(s): Bulgarian Publication Year: 0

The article analyzes the content of the term – “administrative official”, used by the legislator in the provisions of Art. 301 et seq. of the Criminal Code of the Republic of Bulgaria, as well as the content of the new term – “foreign administrative official”. The article discusses the problems and disputes regarding the concept of “administrative official”, dictated by the rapid and drastic changes in the social and political reality in Bulgaria over the past 30 years, changes which have led to a number of difficulties and conflicting case law on bribery cases.

Субективната страна на деянието при превишаване на пределите на неизбежната отбрана

Author(s): Vanya Todorova / Language(s): Bulgarian Publication Year: 0

The issues related to the objective aspect of inevitable defence, the objective features of attack and defence, the circumstances determining their compliance, have been investigated in multiple aspects and thoroughly, both in legal theory and in case law.The same cannot be said for the subjective aspect of inevitable defence. In theoretical studies on the institute of inevitable defence, these issues are addressed incidentally, most often to substantiate the thesis that the subjective attitude of the perpetrator to the wrongful assault is irrelevant, if objectively such an assault is present. In Decree No. 12/1973 of the Supreme Court the questions about the subjective aspect of the inevitable defence were also ignored.

Субективни права и задължения, изпълващи съдържанието на специфичното правоотношение, свързано с труда на лишените от свобода

Author(s): Yordan Yordanov / Language(s): Bulgarian Issue: 1/2021

The article examines the work of persons sentenced to imprisonment in the Republic of Bulgaria who perform community service. The emphasis in the exhibition is the subjective rights and obligations of the participants in the emerging legal relationship in view of the specifics of the work performed, which are incompatible with the legal sphere of free citizens participating in the employment relationship.

Субективният елемент в наказателно-правната система

Author(s): Nikola Manev / Language(s): Bulgarian Issue: 4/2015

Subjectivity in the penal system has various manifestations, all of which essential for the construction of important legal institutes. Of particular importance is the issue of the psychological attitude of the perpetrator and the guilt demonstrated. Psychology constructs largely the essence of substantive criminal law, makes sense of abstract structures a well as of specific situations. More often than not the subjective "penetrates" objectively inherent features such as crime act, public danger, wrongfulness. The subjective is manifested markedly in the criminal process – the order of effectuating state criminal repression.

Субъективная сторона преступления и отражение ее признаков в уголовном законодательстве

Author(s): Ildar Abdulhakovich Tarkhanov,Ramil Rustamovich Gayfutdinov / Language(s): Russian Issue: 2/2020

A general doctrine of the subjective scope of crime, the most difficult one for perception, was discussed. The rules were proposed for deciding on the form of guilt inherent in a particular type of crime if no such regulations can be found in the current criminal law. For this purpose, the special part of the Criminal Code of the Russian Federation was analyzed. Particular attention was paid to legislative innovations – for example, to the applicability of Pt. 2 of Art. 24 of the Criminal Code of the Russian Federation (with analysis, including the retrospective one), as well as to the new concept of elements of crime in “Violation of the requirements in the field of transport safety” (Art. 2631). It was concluded that no single rule can be found for defining the form of guilt as provided by Pt. 2 of Art. 24 of the Criminal Code of the Russian Federation, which negatively affects both interpretation of the law and its legal application.

Судебный штраф как иная мера уголовно-правового воздействия

Author(s): L.V. Artemeva / Language(s): Russian Issue: 2/2017

This paper considers changes in the criminal law of the Russian Federation in connection with the adoption of the Federal Law of the Russian Federation no. 323-FL on July 3, 2016. In particular, the regulations introduced in the Criminal Code of the Russian Federation in line with the above federal law and providing the grounds for exemption from criminal liability with infliction of a penalty have been analyzed. The attention is focused on potential theoretical and practical problems of their application. It has been found that judicial penalty, on the one hand, is not included in the systems of measures prescribed in accordance with the criminal law. On the other hand, it is little different from criminal punishment. Therefore, the problem of whether or not these regulations is a hidden way by which the court imposes punishment without any trial has been raised. Based on the obtained results, it has been concluded that the changes under study are ambiguous and vague, because they may lead to abuse by the law enforcement and judiciary systems.

Судија за извршење кривичних санкција у законодавству Републике Србије и пракси Европског суда за људска права

Author(s): Nataša Nikolić,Nebojša Jerinić / Language(s): Serbian Issue: 61-62/2017

One of the reasons why the Law on the Execution of Criminal Sanctions 2014 was adopted (ZIKS) was the necessity of introducing a specialized judicial body, which will supervise the procedure for the enforcement of criminal sanctions and take into account the rights of persons deprived of liberty, which are guaranteed by numerous international documents. After two years of application of the ZIKS, it is possible to make an impression on the efficiency of the work of judges for the enforcement of criminal sanctions, especially taking into account the practice of the aforementioned judges on the one hand, and the obligations that the state of Serbia took over by ratifying all international documents that clearly set forth an absolute ban torture, inhuman or degrading treatment or punishment, or - the prohibition of ill-treatment. This article highlights, first of all, certain legal solutions, which can be characterized as incomplete or superficial, and then to the shortcomings in the work of judges for the enforcement of criminal sanctions. Finally, the analysis of individual cases brought before the European Court for Human Rights on violations of Article 3 and Article 13 of the European Convention for the Protection of Human Rights and Fundamental Freedoms points to the possibility of the responsibility of the Republic of Serbia due to the insufficient effective protection of the rights of persons deprived of their liberty.

Судова балістика у системі криміналістичних знань

Author(s): Victoria Yaremchuk / Language(s): Ukrainian Issue: 150/2020

The criminalistic is a science that is dynamically evolving and changing. This applies, first of all, to the content and system of modern criminalistic knowledge. This applies to the section of criminalistic techniques “forensic ballistics”. Problems of modern content of “forensic ballistics” and its place in the system of criminalistic knowledge were considered in the works of such scientists as: V.V. Areshonkov, R.S. Belkin, A.A. Belyakov, V.V. Biryukov, P.D. Bilenchuk, Hans Gross, A.V. Ishchenko, V.V. Kovalenko, A.V. Kofanov, Y. Lantsedova, J. Novak, S. Polishchuk, O.F. Sulyava, V.S. Shapovalova, V. Yu. Shepitko and others. Despite the large number of scientific developments on this issue, it still remains controversial. With this in mind, the aim of our article is to analyze the problematic issues related to the content of “forensic ballistics” and its place in the system of criminalistic knowledge. The article discusses controversial issues regarding the place of “forensic ballistics” as a section of criminalistic technology in the modern system of criminalistic knowledge. The proposals of scientists regarding the creation of a separate forensic doctrine are highlighted, where knowledge on forensic research of firearms, bladed weapons and explosive devices is combined. Proposals of scientists regarding the name of such a theory have been discovered: “weapons research”, “weapons science”, “forensic weapons science”, and “forensic armology”. The possibilities of using criminalistic knowledge in the examination of weapons, traces and circumstances of its use within the framework of “forensic ballistics” are considered. In our opinion, it is inappropriate to combine into a common section of criminology or a separate forensic theory of the study of firearms, melee weapons, explosive devices. As for the latter, there are features of their expert study, which differ from the examination of weapons, traces and circumstances of its use. In addition, in different countries of the world, as well as law, law enforcement and science distinguish between different types of weapons and explosive devices.