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The author analyzed the correlation of concepts, some criminal law and criminal procedural aspects of derailment of the absence of a criminal offense, establishment of the absence of a corpus of criminal offense and derailment of sufficient evidences to prove the guilt of a person in court and exhaustion of the possibilities of their obtaining as a basis for terminating the criminal proceedings. Attention is drawn to certain inconsistencies of the provisions of the CPC as for the determination of the reasons for terminating the criminal proceedings and circumstances subject to proof in criminal proceedings.

The scientific article is devoted to the study of topical issues of criminal liability for illegal use of insider information in Ukraine and the USA. Based on a comparative study of the main features of the crimes, as well as provisions of modern doctrine and case law, the author reveals features that are similar and distinctive approaches of Ukrainian and American criminal laws in combating insider offenses against the stock market. General features of insider information in stock market are provided based on examples of developed countries. Blanket character of dispositions description of relevant criminal prohibitions is revealed, legislative mistakes and practical issues of application are analyzed. Major case law materials including decisions by the U.S. Supreme Court and federal appellate courts are comprehended and compared with the relevant Congressional Acts. Most important criminal cases are cited in the article and their impact on shaping court practice and stock market in general are demonstrated. Some most common examples of insider trading are mentioned and also main types of insiders as well as their fiduciary duties are examined. The author comes to the general conclusion that American approach to combating insider trading offenses is much more effective, progressive and pragmatic then the one offered under Ukrainian Criminal Code

In the article light up basic directions scientific-pedagogical activity of S.I. Tikhenko, related to science of criminal law. The contribution of this scientist is determined to development of the indicated science on the basis of the archived sources.

Peculiarities of criminal liability of minors as a special subject of criminal responsibility and analyzed the laws of some foreign countries in this regard. Also the differences are investigated in determination of minimum age-old sign of subject of crime. It is noted that a certain age – a necessary condition for criminal liability. The article given the first details of medicine, psychology, pedagogy, and other sciences in establishing the age of criminal responsibility is obtained from the normal, typical for most adolescents and their conditions of formation at certain stages of their life’s journey. Thus, it is noted that age are called periods of human development characterized by qualitative changes in the physical and mental processes and subordinate special laws in their flow. The author argues that in noting that for the normal functioning of the justice system in cases of criminal liability of minors, it should include consideration of age-minor; legal safeguards to protect the rights and interests of minors; completeness of individual socio-psychological study of personality minor; selecting the individual measures and its implementation

The article focuses on the study of foreign experience with the proposal, promise or receipt of unlawful benefit by an official. And comparative legal study of this problem in the criminal law of Germany and the Ukraine. The author states that the generic object that crimes in the area of performance can be considered valid (normal) service activities (with respect to Germany). It is noted that in criminal law in Germany generic object crimes related service activities can be considered valid (normal) service activities. In content, according to the author, this facility meets the definition of these crimes in the Ukrainian legal literature as correct (normal) of government and public system and device management companies, institutions and organizations. It is noted that the offenses referred to in sections (titles) «Crimes in the sphere of work» in the Criminal Code of Germany is characterized by a great variety of subjects that are not covered by any generic term. Structure Section XVII of the Criminal Code of Ukraine is the author’s opinion, more consistent: this section provides only general offenses in the area of performance for which there is a generic definition of the object and the subject.

The article analyzes the General framework of qualification of criminal offences in the sphere of economic activity in the part of the peculiarities of the establishment of characteristics of the object, the objective side of the subject and subjective components of crime. The descriptions of criminal offenses in the sphere of economic activity the author emphasizes that it is necessary to take into account the trend of modern economic crime to the proliferation not only in economics but also in government and politics, which involves the scope of their interests in state machine enters into the sphere of power and government. Noted this relationship caused not every time and therefore the authority of state and local government advocates an optional direct object and when combined with a major direct object, perfect in need of total training. In this case indicates that the current state of Ukraine’s economy has not yet fully meet the reference sample efficient economic models, operating in conditions of free competition and the rule of law. Under these conditions, the legislator has failed to develop a perfect legal framework to protect the economy against criminal attacks

This article examines the state of drug addiction in Ukraine, the causes and conditions, as well as merv to combat it. The author of the article points out that addiction has a very high latency, and therefore shows the statistics gives a rough idea of its real dimensions. Statistics unaccounted – for addicts reflects only the tip of the iceberg called «Drug addiction in Ukraine.» One can only imagine what would happen if drug addiction in Ukraine show completely. Because addiction in Ukraine – a threat to national security. This is due to the fact that these crimes or any nepovidomlyayetsya law enforcement agencies, or they are not registered for any reason. It is noted that a negative role in the spread of drugs in Ukraine has economic and political situation in the country at present. The entire law enforcement system is largely demoralized. Specific and systematic actions by the police were not observed. There are some episodes of detention drug courier, which is not enough for a successful fight against drugs. There are no data on the channels for drugs in Ukraine, as well as the most common drug among youth age groups, which in turn hinders the successful fight against drugs. It is particularly worth noting that the current system does not allow statistics to track information about them as people cured of addiction to certain types of drugs

The term «special forms of the crime» is long used in Ukrainian doctrine of criminal law. Generally, in cases when the complicity is defined. However, in the scientific literature there aren’t conceptual studies devoted to the special forms of the crime under the criminal law of Ukraine. This term was «transplanted» into the criminal law system of Ukraine from the western criminal law’s science. Western (German, Iberamerican, Italian) criminal law doctrine identifies special forms of the crime because of the provisions of national legislation. This approach can be applied in relation to the criminal law of Ukraine. Analysis of the Criminal Code of Ukraine allows to define as a special forms of the crime only different types of the participation of several persons in the commission of the crime. Inchoate crimes, crimes committed by omission, negligent crimes, crimes committed with a mixed mens rea, continuous crimes can not be considered as special forms of the crime under the criminal law of Ukraine. Complicity in crime rightly refers to the number of special forms of crime under the criminal law of Ukraine. Literal interpretation of art. 11 of the Criminal Code of Ukraine can’t be extended to the acts of participants. Interpretation of art. 11 and 26 of the Criminal Code of Ukraine also indicates a possibility of the separation of some others specific forms of crime.

The article concerns with the doctrinal scientific approaches to understanding of the legal nature of non-cash facilities. It was concluded that non-cash facilities have mixed, material-obligation legal nature. The study suggests that the concept of civil property and includes non-cash costs and therefore, fix fact, penal concept of «property» (in Vol. H. By amending the Criminal Code of Ukraine) is required. Question of mostly clothing or binding legal nature of bank money as a form of property to solve problems related to a criminal assault on the money, is not essential. With regard to the recognition of non-cash money subject property crimes should recognize the constructive compromise approach, under which the bank money are mixed (floating-binding) nature. Therefore, you should maintain current dominant position in the literature, according to which the qualification attacks on cash does not depend on the form (cash or non-cash) of their existence; subject of crime in the illicit non-cash write-off amounts from bank accounts is property belonging to account holders; illegal encroachment on bank money should be regarded as taking possession of another’s property in a particular way, certain Criminal Code of Ukraine. Scope of the subject property crimes continues to maintain its relevance and especially in terms of defining the prospects replacement is developed in the Soviet period the concept of crimes against property in the concept of property crimes.

In the article on the basis of studying of scientific literature and practice the essence and concept of the use of special knowledge have been analyzed. Publications, which made the beginning of this concept research, have being indicated. The author has described the existing in science point of views on understanding of concept of the special knowledge, has pointed out their defects and undertook an attempt to give the determination to this concept. Separate attention in the article is payed to the forms of application of the special knowledge during investigation of crimes. It is determined that to this date the single systematization of forms of application of the special knowledge does not exist. Although in science the validity of selection among the forms of application of the special knowledge such as, judicial and unjudicial, is contested, to the opinion of the author, such systematization deserves on existence

This article investigates the issue of proving the criminal offenses event in criminal proceedings of illegal gambling in the unity of criminalistics and criminal proceedings. Established that the elements of the criminal offense event in these categories proceedings are a method and form of gambling, and the time and place of its commission. The authors also identified a range of issues which should be answered by the investigator during the investigation and that will allow to establish a criminal offense event. It also provides key recommendations for the investigator to answer all the questions and establish the criminal offense event.

The necessity of correction understanding of the meaning of forensic tactics due to the introduction of undercover investigators Institute (search) action in criminal procedural law of Ukraine. Deals with the results of recent research to determine the content of forensic tactics. Different approaches to the definition of operational tactics. Taking into account the results of the latest research the authors’ definition of operational tactics. The correlation of forensic and operational tactics. Defined jointly for forensic and operational tactics are: presence of subject and object, with conflicting interests (the tasks of operational activities and (or) criminal proceedings by one party, and prevent their realization – second); task of the subject, is to overcome the counter object (real or probable), or causing it to certain actions; that they are viewed in two ways: as a way of practice, as well as the relevant section of science. The main criterion for the delimitation of forensic and operational tactics is their purpose to serve two interrelated but different state and legal institutions – the criminal process and operational activities. Determined that the operational-search tactics to overcome opposition, exerted in the form of conspiracy crime and forensic tactics – to overcome the opposition, except that secrecy has different forms (bribery, blackmail (including administrative burden), the physical removal and abduction and (or) the destruction of evidence obtained investigation, etc.). Emphasized that the question of tactics specific search operations that overlap in content with covert investigators (search) operations at a high scientific level developed in the theory of operational activities. Posted s definition of forensic tactics.

A thesis is grounded that a compromise between the state and civil society in the questions of organization of department judicial and realization of justice will be realized, foremost, in form civil control. Legal forms by means of which civil society influences on a department judicial are system investigated in – process. Seen, that society must carry out influence on a department judicial, foremost through the corresponding mechanisms of organization of judge corps and direct participation of his representatives (folk assessors, jurors) during realization of justice. An equilibrium between society and state is provided by advocacy, as independent law-enforcement institute of civil society. In addition, civil control above a department judicial comes true through the openness of process of justice (publicity and openness of rule – making), availability of MASS – MEDIA to judicial information, her objective illumination; availability of court decisions

Based on the results of the study of the current legislation of Ukraine, literature sources, the article discusses the problems of legal regulation of investigative decisions on the prevention of crime. Justified the author’s position regarding the regulation of preventive measures and their application subject to operational-search activity. It is noted that in a legal embarrassment operational practice chooses those paths that are in the legal field and is not prohibited. These include, for example, of the employees in the units of preventive conversations with previously convicted and other categories of persons who are operational interest. However, the work in this direction is conducted formally, with an overwhelming focus on indicators for detection and documentation of crimes. It is noted that on the basis of a clear correlation search operations and covert investigation (seach) action in the Law of Ukraine «On Operational-Investigative Activities’ it is important to fix the specific grounds for the search operations».

Based on the analysis of scientific literature, the current legislation of Ukraine, statistics, and material practices, the authors research some substantive and procedural issues engaging judges to criminal responsibility for the enactment of their unjust decision and invited authors’ view of their solution. The correlation of such categories as «unjust judgment» and «illegal judgment». During unjust judgment should be understood judicial act that does not meet the standards of legality, validity, motivation, fairness, reasonableness and timeliness. It is illegal decision made by a judge (judges) in violation of substantive and / or procedural law. Indicated that bringing to trial the judge is also the way to solve miscarriages of justice that is appealing unjust court decision to a higher court to admit the appropriate judgment unjust. Investigated problematic issues related to the possibility of criminal responsibility of judges of the Constitutional court of Ukraine, the panel of judges, judges who have resigned, if rendered them unjust judgment.

This article examines the questions about the nature of evidence as a fundamental category of records. Based on the analysis of scientific sources the approaches to the understanding of the concept of evidence and procedural sources of records. Evidence in criminal proceedings, according to the author, is the unity of the evidence obtained and assigned the appropriate procedural form, as well as their procedural sources for which parties to criminal proceedings, the investigating judge and the court determines whether or not the facts and circumstances relevant to criminal proceedings and to be proved and acknowledged by the authorized agents of evidence, investigating judge and the court

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The author of the article, based on the analysis of scientific sources and the criminal procedure law of Ukraine, studied the issue of the amount of procedural powers of parties in the criminal proceedings of evidence and identified areas of normative regulation. A science-based proposals for their solution. Determined that the subject of proof in criminal proceedings are persons in the manner prescribed by Code of Ukraine, endowed with the responsibility for the implementation of the process of proof in criminal proceedings (taking evidence, checking and otsinyky obtained evidence and use this evidence to justify judicial decisions) or are eligible to participate actively in the process of proof, realizing their procedural interests

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