The article provides a comprehensive analysis of abuse of power, official position or authority through the prism of the general theory of law and criminal law of Ukraine. It is substantiated that in the theory of law, abuse of law is considered as an independent social and legal phenomenon that arises in the process of implementing subjective rights and legal obligations under...
The article focuses on examining the necessity of modernizing the Criminal Code (CC) of Ukraine, drawing upon the theoretical foundations of the mechanism of criminal law regulation (MCLR), as developed by leading Ukrainian scholars. Primary attention is given to the analysis of criminal liability as a key element of the MCLR and its forms of realization (or implementation). The...
The article explores the legal nature, essence, and lexico-semantic features of the punishment in the form of deprivation of the right to hold certain positions or engage in certain activities. The authors focus on the structure of this legal term, which reflects its substantive meaning and determines the specificity of legal relations arising in the process of imposing and...
The article presents a comprehensive study of the criminal law nature of the elements of criminal offenses with alternative features of the objective side. Theoretical foundations for the classification of singular criminal offenses are revealed, and the place and characteristics of alternative elements within the criminal law system are defined. The author analyzes the...
The article examines the role and position of the concept of public danger of an act in shaping and implementing legislation concerning criminal liability. Authors analyze academic sources that argue for rejection of this concept in current law - in order to provide a comprehensive review and a critical evaluation of the arguments, present in its favor. The article explores...
The article examines problematic issues that arise when qualifying the crime of ecocide. It is found that the direct object of ecocide according to the Criminal Code of Ukraine is the ecological safety of humanity, the safety of the natural environment. It is proven that additional optional objects of ecocide are the safety of the population, its cultural values, etc. It is...
Taking into account the results of both empirical and theoretical levels of scientific knowledge, the article attempts to correlate the integrated and systems approaches in the field of criminology. It is emphasized that both approaches are based on the examination of a particular scientific problem from the standpoint of complexity and systemicity, respectively. Three of the...
This academic article is devoted to a comprehensive analysis of the relationship between sanctions-related legal relations and criminal liability for violating or circumventing sanctions imposed by Ukraine after the start of large-scale aggression by the Russian Federation. The author proceeds from the assumption that sanctions are effective only if there are criminal penalties...
The article summarises contemporary paradigmatic visions in criminology and criminal law, ranging from quantitative research methods to validation through the lens of the methodology of creative developmentalism and the adaptation of the theory of creative destruction to modern criminological research paradigms. A dynamic approach to updating criminological methodology is...
The article considers the issue of the need for normative consolidation of the principles of criminal law. It is found that the normative expression in the law of the principles of criminal law (which can be clearly and precisely foreseen) can directly affect the practice of law enforcement and lawmaking. The advantages and disadvantages of the normative form of consolidation of...
In the article were analyzed key approaches to understanding the environment using the example of establishing the relationship between the task of mitigating negative consequences and human activity during armed conflicts – namely, through the example of the Vietnam War and the use of chemical weapons during one of its operations, which gave impetus to the development of...
The article considers the problem of the admissibility of a compromise between the parties concerning criminal offences the main direct object of which is public relations in the public sphere, and the additional direct object is the life, health or other private interest of a participant in the legal relationship. A central focus of the study are theoretical discussions on the...
The construction market in Ukraine plays a significant role in the country's economic development, infrastructure growth, and employment generation. However, it remains one of the sectors most vulnerable to violations of economic legislation and criminal offenses. The article examines the problematic aspects of legal regulation and law enforcement practices in the field of...
The article is devoted to the study of the problem of qualifying complicity with a special subject. It is noted that the basis for criminal liability for criminal offenses committed in complicity is the commission by a person of a criminal offense that contains the elements of a criminal offense, i.e., as in the case of committing an unlawful act alone. It is emphasized that...
In this research paper, we delve into the conceptual foundations for understanding national security as an object of criminal law protection of the state. We specifically focus on the unique characteristics of its interpretation as a legal category, as well as its place, role, and significance within the broader system of interactions with related fields, including public...
The article, based on the study of current judicial practice and taking into account the achievements of the science of criminal law, examines the issues of qualifying the actions of domestic business entities (their representatives) who, while in the territory controlled by Ukraine, conduct economic activity in cooperation with private law entities of the Russian Federation (RF...
Abstract. Background. The purpose of this article is, firstly, to review the structure and provisions of Article 159-1 of the Criminal Code of Ukraine, as a norm of national legislation that provides for liability for Violation of the procedure for submitting a financial report on the receipt and use of election fund funds, a report of a political party on property, income...
The article analyzes such types of release from punishment and its serving, as release from serving a sentence due to the expiration of the statute of limitations for the execution of a guilty verdict, parole from serving a sentence and replacement of a sentence with a milder type of punishment. The prerequisites for such types of release from punishment, the grounds, nature and...
The concept of voluntary refusal in the case of an unfinished criminal offense is considered. An analysis of the objective and subjective signs of voluntary refusal is carried out. The objective sign of voluntary refusal is the termination of an unfinished criminal offense, and the subjective ones include 1) finality; 2) voluntariness; 3) awareness of the possibility of...
The research paper examines one of the aspects of interdisciplinary (with international criminal law) and interscientific (with the science of philology) connections of domestic criminal law. The authors emphasize the incorrect perception of certain terms from legal acts by philologists and lawyers without referring to the legal essence of those terms. During the realization of...
The article is devoted to the analysis of the subjective side of using a minor child for begging. It is determined that the use of a minor child for begging is recognized as committed intentionally in cases of awareness by the guilty person of the socially dangerous nature of the use of a minor child for begging, anticipation of its socially dangerous consequences, desire for...
The article is devoted to the analysis of sanctions and punishments that fill them in the draft of the new Criminal Code of Ukraine. It is noted that in the draft of the new Criminal Code of Ukraine, punishment is considered as a type of criminal-legal means, and their concept and purpose, system and types of punishments are also determined. The proposal of the members of the...
Some questions of stability and dynamism of current criminal legislation of Ukraine are examined in the article. Foremost, attention applies on the numerous changing and additions of the Criminal code of Ukraine and the quantitative indexes of such updates, which testify to absence of the proper and self-weighted balance between such properties of legislation, are analysed, as...
The article is devoted to the study of gender aspects of criminal liability for persistent failure to perform duties related to the care of a child. Based on the analysis of 725 guilty verdicts under Article 166 of the Criminal Code of Ukraine, delivered between 2010 and May 2025, it was found that only 59 verdicts found both parents guilty, and 55 verdicts found only the father...
The article deals with some topical issues of ensuring privacy in the context of the rapid development of information technologies, in particular, the Metaverse and Big Data. The author reveals significant attention of the authors of legislative acts at the international and national levels, as well as a wide range of scholars, to the issues of privacy and criminal law aspects of...