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Latest documents
- Understanding phenomena of criminality: from dogmatic views to scientific theories
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Transnational crime: features and basic models
In modern conditions, when information technologies are rapidly developing and innovations are being introduced, certain changes are taking place in the communication not only of individual citizens, but also of states, and favorable conditions are being created for establishing close ties and contacts. Of course, on the one hand, this is beneficial because it accelerates the exchange of knowledge and information, the transfer of various information (the timely receipt of which can sometimes depend on the fate of people and entire countries, as in the case of terrorist acts), and on the other - facilitates communication of members of transnational criminal groups with partners in other countries and even on other continents, which is more difficult to detect. As a result, such a negative phenomenon, so to speak, the tumor, as transnational crime is gaining significant scale, behaves like an octopus, launching its tentacles around the world. The study found that the features of modern transnational organized crime are: rapid adaptation to realities, instant response to changes and transformations in life and economy, the ability to improve and adjust the methods and tools used in activities; coordination; rationality; thoughtfulness and systematic actions; systematization; the desire to minimize potential risks and get the most profit and maximum profits. Such models of transnational organized crime as: corporate, trade unions, partnerships, ethnic, network are considered. Modern transnational criminal groups, regardless of model, have been shown to be -wellconcealed, well-off criminal communities with a well-defined internal structure, distribution of spheres of influence and functions, and extensive interregional or international ties. It is emphasized that now transnational crime is turning into cybercrime. This is made possible by the fact that it is easier to hide criminal activity on the Internet, anonymity is ensured, and it is possible to act uncontrollably, which, in turn, guarantees security for criminal activity.
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Integration of innovative technologies into crime investigation activity is the significant direction of its effectiveness increasing
The article is devoted to the issues of the scientific and technical support of investigative activity. It is emphasized that nowadays fighting cybercrime determines the necessity to develop and implement the scientific and technical means, techniques and methods, as well as apply them to the activity of law enforcement agencies for prevention and investigation of crimes in the field of information and telecommunication technologies. The focus is placed on the fact that the retrieval, recording and investigation of electronic (digital) information in the pretrial investigation and its further use as evidence remain among the pressing and, at the same time, unexplored issues. It was stated that digital forensics is an integral and necessary tool in fighting cybercrime which is used for the identification, preservation, recovery, analysis, and presentation of digital evidence. The conclusion was made that with the spread of cybercrime in the modern world one of the priority directions of scientific and technical support of investigative activity is introduction of the latest means, methods and technologies of electronic intelligence into the work with electronic evidence and also protection of the sources of electronic (digital) information.
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On the matter of retroactivity of the rulings of the Constitutional Court of Ukraine
The article focuses on the problem of the temporal effect of the rulings of the Constitutional Court of Ukraine declaring the unconstitutionality of legislation, in particular on the matter of retroactivity of such rulings. Based on the existing standpoints in the legal doctrine, the author has analyzed the legislation and legal practices of Ukraine, notably the practice of the Constitutional Court of Ukraine and the Supreme Court. In particular, the highest consideration is given to the established legal positions of the courts, which set up the non-retroactivity of the rulings of the Constitutional Court of Ukraine on unconstitutionality of an act of legislation. This position is based on the courts’ interpretation of Art. 152 of the Constitution of Ukraine as such, which makes it impossible for these rulings of the Constitutional Court of Ukraine to be retroactive. The article also examines the exceptions to this rule. The author notes the fundamental shortcomings of this position, whose categorical approach contradicts a number of fundamental legal principles. It unjustifiably prefers legal certainty, ignoring the requirements of justice, protection of human rights, equality, as well as a number of components of legal certainty or similar requirements of supremacy and direct effect of the Constitution of Ukraine, consistency of law, legality. The inconsistency of such position is also highlighted from the standpoint of the legal dogmatics and argumentation. In general, the decisions of the Constitutional Court of Ukraine and the Supreme Court on this matter do not contain any detailed or proper arguments. Meanwhile, there is a misinterpretation of the relevant provision of the Constitution of Ukraine as determining the direction of the temporal effect of the ruling of the Constitutional Court of Ukraine on the rights and obligations, when in fact this provision directly sets only the dates of invalidation of unconstitutional provisions. Under such conditions, the author states that the general principles of law, the current Constitution and legislation of Ukraine generally do not prohibit the retroactivity of rulings of the Constitutional Court of Ukraine on unconstitutionality of an act of legislation. Rather, they point at its necessity in many cases. At the same time, the author emphasizes the need for a more flexible approach to determining the directions of the temporal effect of rulings of the Constitutional Court of Ukraine.
- The historical aspect of the systematization of criminalistic knowledge in the countries of the world
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The main aspects of the early «classical» stage of the formation of the Confucian doctrine of traditional China
The article is devoted to a comprehensive analysis of the main sources - works that appeared during the life of Confucius, which developed and supplemented the main elements of Confucian doctrine. Provides basic information about the life and work of thinkers - pupils and followers of Confucius, options for translation and interpretation of titles of treatises and terminology. The main provisions and ideas of the treatise "Zhong yong" written by the students of Confucius, which is of fundamental importance for the process of the historical evolution of Confucian doctrine, clarifies, details and deepens the theses of his main book "Lunyu" are suggested. But against the background of the traditional Chinese picture, one of the key principles of Confucianism stands out - the principle of the "golden mean", the critical importance of the personal virtue of rulers, and also draws attention to the main approaches to defining the formula of human nature. Based on the study of scientific sources, conclusions were drawn about the almost instantaneous beginning of a complex deepening, improvement and development of the teachings by the first disciples of Confucius. Confucianism was formed as a way of interpreting the ancient Chinese system of signs and concepts, categories embedded in the mythological form in an active, active spirit. The development of the Confucian doctrine was due to the incorporation of parts of other teachings. Confucianism essentially developed through finding common ground with other Chinese doctrines. The key idea that appeared in the development of Confucianism is the assertion that everything in a person, including his inner world, is only a reflection of the natural world, and the restoration of perfect social institutions cannot mechanically bring ideal order in the Celestial Empire. In the course of its long evolution, Confucian traditional thought put certain fundamental problems and categories on the agenda much earlier than European thinkers did, of course, at the traditional level, which corresponds to those ancient centuries.
- Activities of anti-corruption bodies of Ukraine in the conditions of today: state and main challenges
- Protection of civil property rights in case of recognition of the contract as not concluded
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Entities of international-legal provision of traffic safety
The article attempts to study the system of entities involved in the formation of the international-legal framework in the field of strengthening the traffic safety. In general, the relevance of the studied issues is outlined. Circumstances that indicate the need for an urgent solution to this acute social problem, which leads to the death and injury of millions of people every year in many countries were determined. The methodology of knowledge of participants of the international-legal maintenance of traffic safety and transport operation which includes a number of interrelated scientific parameters is offered. These are: the essential features of such subjects; their concepts; types; features of activity. The essential features of the considered subjects include: their legal status; form of activity; aim of activity. The separate criteria on which it is possible to carry out grouping of subjects in the considered sphere are specified. The position is defended that the most optimal basis for subjects classification of the international legal-provision of road traffic is their specialization. The basic subjects (specialized) and secondary subjects (non-specialized) in the specified sphere are distinguished. Particular attention is paid to specialized entities with international status: the United Nations, the World Health Organization, the World Bank and others. The multidirectional work of the UN as the main international institution, which is involved in the development and adoption of relevant international legal documents in the field under study, is analyzed in detail. The directions of activity of non-specialized entities, that participate in drawing the attention of the world community to the international legal regulation of certain aspects of road transport safety are identified.
- The patient's order as a separate manifestation of his will