Problematic issues of collecting evidence by the defense in criminal proceedings by I. O. Nechaieva

Subjects: Get full text

Extremist Legitimate Defense in Iran's Criminal Proceedings (with an Emphasis on Intentional Homicide) by Saeed Ghaedi

“…The current research, using the analytical-descriptive method and collecting the required information in the library method, and relying on the cases of intentional homicide in the criminal justice system, Iran tries to evaluate the impact and impression of the judicial procedure of legal duality with the approaches of punishment based on defense conditions. and show the levels of defense, and at the end, while emphasizing the need for consistent criminal policy in order to protect the rights of walid the conclusion is reached that Note 2 of Article 302 is only about crimes and is based on non-observance of the levels of defense despite the necessity and truth of the principle of defense And the position of Note 2 of Article 156 also applies to other crimes in the absence of one of the conditions of legitimate defense .The effect of extreme legitimate defense in crimes is the deliberate impunity of revenge, and in other crimes, it is simply the imposition of the burden of the lack of defense conditions on the defender from the attacker.…”
Get full text

Use of knowingly false information by criminal proceedings participants by M. L. Hribov, V. V. Shendryk

“…The practice of using knowingly false information by representatives of the defense and witnesses to obstruct the tasks of criminal proceedings has been analyzed. …”
Get full text

Examination and Search of a Defense attorney’s Vehicle by A. О. Shapoval

Subjects: “…criminal proceedings…”
Get full text

The target of a crime under the Article 330 of the Criminal Code of Ukraine by V. Yu. Boichuk

“…From the standpoint of philosophical ontology the author has determined the notion and nature of information constituting official information gathered in the course of operative and search or counterintelligence operations and in the defense sphere of the country as the target of a crime under the Art. 330 of the Criminal Code of Ukraine. …”
Get full text

Defence counsel's participation in a special pre-trial investigation of criminal offenses by S. Ye. Ablamskyi

“…Attention has been focused on the fact that the introduction of the procedural institute of special pre-trial investigation of criminal offenses is designed to ensure the inevitability of criminal liability for the committed criminal offence. …”
Get full text

The limits of criminalization and the principle of legality in blanket economic criminal offenses: Whoever does not deal in good faith shall be punished! by Todorović Aleksandar D.

“…For many years, defense attorneys in these cases have presented the Supreme Court with the issue of distinguishing bet ween criminal and civil liability, as well as the issue of determining the specific act of commission alleged against suspects when they are prosecuted for blanket economic criminal offenses. …”
Get full text

Methods of the Verification of the Expert’s Opinion within Criminal Procedure of Ukraine by B. V. Shabarovskyi

“…The following methods of verifying the expert’s opinion within criminal procedure of Ukraine have been distinguished: analysis of adherence to the procedure of appointment of the examination and compliance of the expert’s opinion with the requirements of the criminal procedural legislation; comparison of the expert’s opinion with other evidence, including other experts’ opinions; summoning an expert for questioning to clarify his / her conclusion, when the expert is asked by the prosecution and the defense parties, by the victim, the civil plaintiff, the civil defendant, their representatives and legal representatives, the representative of a legal entity which is the subject of the proceedings, as well as the chairman and the judges, and expert’s answers for the questions; simultaneous questioning of two or more experts; the provision of information by the party of criminal proceedings relating to the expert’s knowledge, skills, qualifications, education and training; the appointment of a duplicative or additional examination, in particular by the court’s own initiative.…”
Get full text

The European Court of Human Rights as Part of Criminal Procedural Legislation of Ukraine by O. S. Rozumovskyi, O. O. Kochura

“…The author has analyzed the decisions of the European Court of Human Rights in regard to the conducted secret (search) actions by law enforcement agencies with further disclosure ob obtained evidence to the defense party; it has been also pointed out that the right to disclose evidence contained in criminal proceedings is not absolute to the defense and may be limited only in cases when there are the interests of national security, information protection or witness protection concerning the methods and forms of law enforcement agencies’ activity. …”
Get full text

Criminal law protection of critical infrastructure objects against subversive encroachments by О. V. Shamsutdinov, D. S. Melnyk

“…The norms of domestic and foreign legislation, which establish a criminal law prohibition of encroachments on objects of critical importance for the economy, defense and life support of the population for subversive purposes, have been studied. …”
Get full text

Special Features of the Crime’s Subject Under the Article 330 of the Criminal Code of Ukraine by V. Yu. Boichuk

“…As a result, the author has come to the conclusion that a special subject of the crime under the Art. 330 of the Criminal Code of Ukraine may be officers of the departments of the National Police of Ukraine, the State Investigation Bureau, the Security Service of Ukraine, the Foreign Intelligence Service of Ukraine, the State Border Guard Service of Ukraine, the Office of State Security, the State Fiscal Service of Ukraine, the State Penal Service of Ukraine, the Ministry of Defense of Ukraine, the President of Ukraine, officials of the President’s Administration of Ukraine, Verkhovna Rada of Ukraine, Cabinet of Ministers of Ukraine, National Security and Defense Council of Ukraine, Supreme High Command General Headquarters of Ukraine, the Ministry of Defense of Ukraine, the General Staff of Armed Forces of Ukraine, the unions, military units and units of the Armed Forces of Ukraine, the State Special Transport Service, the State Service for Special Communications and Information Protection of Ukraine, the National Guard of Ukraine, the Council of Ministers of the Autonomous Republic of Crimea, regional, district, city and district in the cities, state administrations and local self-government agencies, as well as officials of enterprises, institutions and organizations that carry out state defense orders, conduct research and perform development in the defense area, etc.…”
Get full text

La nuova responsabilità penale del medico tra i mutevoli perimetri della rilevanza penale per colpa e le sfide all'alleanza terapeutica medico-paziente. Il caso italiano by Alice Caputo

Subjects: “…medical criminal liability…”
Get full text

Generic, specific and direct object of a crime under the Article 330 of the Criminal Code of Ukraine by V. Yu. Boichuk

“…It was formulated as social relations that exist with regard to the security of state secrets and official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The direct object of a criminal act under the Art. 330 of the Criminal Code of Ukraine, was admitted as social relations that exist with regard to the security of official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. …”
Get full text

The Relationship of Addictive Attitudes, Propensity to Search for Thrills and Psychological Defenses of Personality in Drug-addicted Convicts by I.S. Ganishina, M.I. Maryin, V.V. Azhimov

“… <p style="text-align: justify;">The relevance of the chosen topic is due to the importance of studying addictive attitudes, a tendency to search for thrills and psychological defenses of personality in drug-addicted convicts, which are taken into account when compiling psychological characteristics in places of deprivation of liberty, and, further, are evaluated in dynamics when serving a criminal sentence by convicts. …”
Get full text

Socially Dangerous Behavior as the Mandatory Feature of the Objective Aspect of Crime Under the Article 330 of the Criminal Code of Ukraine by V. Yu. Boichuk

“…On the basis of the analysis of existing scientific approaches to the interpretation of socially dangerous act, provided by the legislator in the Art. 330 of the Criminal Code of Ukraine, the author has formulated own approach to determining its content and possible forms of such criminal behavior. …”
Get full text

Criminological examination of law acts and their drafts in the system of measures to combat corruption crime in the security and defense sector of Ukraine by I. S. Polyakov

“…The main tasks of criminological examination of regulatory legal acts and their drafts as a means of combating corruption crime in the security and defense sector of Ukraine are identified, which include: identifying defects in the legal regulation of control mechanisms for the implementation of the powers of security and defense sector entities; identifying regulatory prerequisites for committing corruption criminal offenses using discretionary powers; identifying shortcomings (poorly defined concepts, contradictions, duplication of powers, discretionary provisions) in regulating the implementation of control and supervisory procedures, receipt, registration, circulation, write-off of property in the field of activity of security and defense sector entities of Ukraine; identifying discrepancies between the real needs of legal entities and the existing legal mechanisms for their satisfaction and implementation, which determines the request for the existence of compensatory corruption practices; identification and neutralization of legal corruption factors in the mechanisms of defense procurement, in particular through non-tender procedures, as well as at the stages of placement, execution and acceptance of the results of the defense order for repair and restoration work on military equipment and weapons systems.…”
Get full text

Detention as a violation of the fundamental right to protection by Lototskyi M., Dzundza L.

Get full text