Кафедра кримінального права і процесу

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Відповідальна за розділ: асистент кафедри кримінального права і процесу Майстро Діана Михайлівна. E-mail: maystro.diana@npp.nau.edu.ua

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    Air criminal law as a branch of law
    (Національний авіаційний університет, 2020-02-28) Semchuk, N.O.; Maliarchuk, N.V.
    So far, science does not have a unified approach to what is the field (branches/areas) of law, what is their classification and relationship. The European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private Law. In continental law, such areas of law are generally distinguished as constitutional, administrative, criminal, civil, etc. Other researchers offer a much broader classification that separately includes computer, competition, aviation, space, and other areas of law that are classically distinguished as sub-sectors.
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    Alternative criminal sanctions and adequacy of the state reaction to crime (norm and practice of the Republic of Serbia)
    (National Aviation University, 2021-02-26) Dragana, Cvorovic
    The subject of analysis in this paper are issues (theoretical, normative and practical) of alternative criminal sanctions in the Criminal Code of the Republic of Serbia. Among the many such issues, particularly significant are those related to criminal and political reasons of not only justification but also the necessity of anticipating and applying alternative criminal sanctions against perpetrators of criminal acts. Then, there are issues of the manner of normative elaboration of alternative criminal sanctions in order for them to be in the function expected of them, i.e. also issues of the manner of creating appropriate objective assumptions for practical application of some of the alternative criminal sanctions (the case primarily with community service).
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    Alternative criminal sanctions in the criminal code of the republic of Slovenia
    (Національний авіаційний університет, 2020-02-28) Jakulin, V.
    Society is changing and the law should follow the changes in the society. The author is focused on the changes in the area of criminal sanctions in the time of transition.The author deals with the alternative criminal sanctions in the Criminal Code of the Republic of Slovenia. The Criminal Code of the Republic of Slovenia contains three alternative criminal sanctions: imprisonment at the end of the week (weekend arrest), house arrest and community service.
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    Anticorupciono zakonodatvstvo Ukrajine - Problemi i perspective razvoja
    (2008) Лихова, Софія Яківна
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    Basic principles of criminal procedure law and undertaking criminal procedural actions through video link-assent or not?
    (Національний авіаційний університет, 2022-02-25) Cvorovic, Dragana
    One of the most current issues when it comes to undertaking criminal procedural actions through video links is the question: is it in accordance with the basic principles of criminal procedure law (primarily the principle of immediacy, adversarial principle, the principle of orality and the principle of publicity) or not? The basis of the correctness of the issue lies in the fact that the basic principles of criminal procedure law are the basic rules on which criminal procedure law is based as a branch of positive law and without them, contemporary criminal procedure cannot be imagined. In addition, they are of a constitutional nature and represent an international legal standard. However, despite their importance as such, it must not be allowed for them to become a dogma and instead of being an advanced initiator forces to become the brakes on the normative development of the process.
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    Castigation of minors as a circumstance excluding illegality (a countertype)
    (Національний авіаційний університет, 2020-02-28) Mozgawa, Marek
    Introductory remarks (the concept and the classification of the so called countertypes). Not in every case does the fulfilment of the statutory features of a forbidden act have to be the expression of the objective social harmfulness of the perpetrator’s behaviour. Sometimes circumstances excluding illegality (the so called countertypes) occur which lead to the exclusion of the social harmfulness.In other words, there are possible exception to the rule (implying the negative assessment) that a behaviour fulfilling the statutory features of a forbidden act is characterised by social harmfulness.
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    Classification of crimes against freedom in polish penal codes
    (National Aviation University, 2023-02-24) Mozgawa, Marek
    In the Polish Penal Code of 1932, Chapter XXXVI "Offences against freedom" contained only five types of offences: deprivation of liberty (Article 248), slave trafficking (Article 249), punishable threat (Article 250), extortion (Article 251) and home intrusion, known as violation of domestic peace (Article 252). In general, the object of legal protection in the whole above-mentioned group of offences was personal freedom of an individual, which he or she enjoyed within the legal order in force within society at that time. It was stated that freedom can be understood in two ways: a) as physical freedom, freedom of movement, to move from place to place; b) as moral freedom, freedom to dispose of one’s goods, to exercise or not to exercise one’s rights, to undertake one action or another. However, in both of the above-mentioned cases, personal freedom can only be the object of the offence if the criminal conduct is directed against it.
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    Conditional release from life imprisonment
    (National Aviation University, 2021-02-26) Jakulin, V.
    Prohibition of torture and inhuman or degrading treatment or punishment undoubtedly derives from all the main international human rights instruments.Unlike the death penalty, which is undesirable (see: Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty) and has already been abolished in the member states of the Council of Europe and the European Union (see: Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms concerning the Abolition of the Death Penalty, Article 1: «The death penalty shall be abolished. No one shall be condemned to such penalty or executed»), the sentence of life imprisonment is not in itself prohibited and does not constitute a violation of Article 3 of the European Convention on Human Rights. But the question is whether life imprisonment without the possibility of conditional release is in accordance with the European Convention on Human Rights.
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    Constitutional and legislative restrictions imposed upon the private detective activity subjects while exercising their duties
    (Accent Graphics Communications & Publishing, Canada, 2019-10) Litvinova, Iryna; Ostapenko, Ludmila
    The concept of a private detective activity has long been used as an effective means of human rights protection, citizens and legal persons legitimate interests protection in the civilized, democratic, developed society, where the compliance with the constitutional norms and human rights is deemed to be the fundamental value. The concept of a private detective activity is embodied in practically all EU countries and democratically developed countries of the world. The functioning of this concept allows eradicating the factual monopoly of the state law enforcement system.
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    Crime of taking or detaining a hostage in the polish criminal law (article 252 of the penal code)
    (Національний авіаційний університет, 2022-02-25) Mozgawa-Saj, Marta
    Article 252 of the current Polish Penal Code specifies a crime that was not governed by the previously applicable Penal Codes (of 1932 and 1969). It is penalized (by imprisonment for a period of not less than 3 years – Article 252 § 1 of the Penal Code) to take or detain a hostage in order to force a central government body or a local government body, institution, organization, natural or legal person or a group of people to behave in a certain way. An aggravated type of this crime is when the act referred to in Article 252 § 1 is committed with particular torment (then the perpetrator is subject to imprisonment for a period not shorter than 5 years or the penalty of imprisonment for 25 years – Article 252 § 2 of the Penal Code). Due to the high degree of social harmfulness of the offence of taking or detaining a hostage, the punishment for preparation for the crime specified in Article 252 § 1 of the Penal Code was introduced (Art. 252 § 3 of the Penal Code).
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    Crime prevention in criminology: modern trends
    (Національний авіаційний університет, 2020-02-28) Didkivska, H.V.
    The prevention of crime and certain types of crime is a central issue in criminology. In Ukrainian and foreign criminological science there is a wide range of concepts and approaches to understanding the concept and essence of this activity. Uncertainty exists even at the level of the conceptual apparatus. An interesting approach for criminology is the approach to this problem in the United States, in particular the ratio of criminal law to criminological means of countering crime.
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    Criminal attempt in the Polish penal code
    (Національний авіаційний університет, 2020-03) Katarzynar, Naza; Palichleb, Patrycja; Назар, К.; Паліхлєб, П.
    The institution of criminal attempt is governed in Chapter II entitled "Forms of Commission of an Offence" in the general part of the Polish Penal Code (Act of 6 June 1997; consolidated text Journal of Laws of 2019, item 1950, hereinafter referred to as PC). In accordance with the wording of Article 13 § 1 PC: "Whoever with the intent to commit a prohibited act, directly attempts its commission through his conduct which, subsequently however does not take place, shall be held liable for an attempt." The second section of that provision, specifying the conditions for an inept attempt, provides that "An attempt also occurs when the perpetrator is not himself aware of the fact that committing it is impossible because of the lack of a suitable object on which to perpetrate the prohibited act or because of the use of means not suitable for perpetrating this prohibited act."
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    Criminal law characteristic of an impersonal vote (article 364-2 of the Criminal Code of Ukraine)
    (Національний авіаційний університет, 2020-03) Lykhova, Sofiia Ya.; Lychak, Volodymyr V.; Лихова, С.; Личак, В.
    On January 16th 2020 the Criminal Code of Ukraine (then the CC of Ukraine) was supplemented with ar. 364-2 “Commitment of a vote by one people’s deputy instead of another on the plenary session of the Verkhovna Rada of Ukraine” on the base of the law of Ukraine “About making changes in several legislative laws of Ukraine, concerning providing of a personal vote of People’s Deputies of Ukraine on the plenary session of the Verkhovna Rada of Ukraine” from December 19th 2019 № 404-IX. Thereby the criminal liability for an impersonal vote on the plenary sessions of the parliament for People’s Deputies is provided. The punishment for an impersonal vote is fine from three thousands to five thousands of the non-taxable minimum incomes. So this criminal offence appertains to the category of misdemeanors.
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    Criminal legal protection of safety of civil aviation under the legislation of Ukraine (art. 276-282 of CC of Ukraine)
    (National Aviation University, 2018) Семчук, Наталя; Лихова, Софія
    This article examines the definition of the term “crimes in the field of civil aviation”. The authors propose to predict the safety of civil aviation as a separate object of criminal law protection. The article gives a comprehensive and clear idea of the current understanding of crimes in the field of civil aviation.
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    Criminal liability for crimes against personal and collective security under the Criminal Code of the Federal Republic of Germany (comparative legal analysis)
    (Human security in the context of globalization: modern legal paradigm [monograph]/ Under the general editorship Iryna Sopilko. - Slovak Republic, Podhajska: Vychodoeuropska agentura pre rozvoj, n.o. Eastern European Development agency n.o. - 2017. - 278 c., 2017) Лихова, Софія Яківна
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    Criminal liability for impermissible or unauthorized processing of personal data on the grounds of the polish act of 10 may 2018 on the protection of personal data
    (National Aviation University, 2021-02-26) Poniatowski, Piotr
    The purpose of this article is to discuss the basic issues related to the offence of impermissible or unauthorised processing of personal data, which is defined in Article 107 of the Polish Act of 10 May 2018 on the Protection of Personal Data (hereinafter: UODO).Personal data means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
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    Criminal offences against the judiciary in the criminal code of the republic of slovenia
    (Національний авіаційний університет, 2022-02-25) Jakulin, Vid
    Criminal offences against the judiciary are listed in Chapter Twenty-Eight of the Criminal Code (hereinafter: the CC-1). These criminal offences are intended to protect the judiciary as a separate branch of power with its specific tasks. Protection is intended for criminal justice and partly also for other branches of the judiciary. The common feature of all criminal offences listed in that Chapter is that they prevent, inhibit or even threaten the work of judicial authorities and the performance of their tasks or the implementation of the measures and decisions of judicial authorities. The purpose of the criminal law protection is to ensure the smooth work of judicial authorities and the correct and lawful functioning of the judiciary. It used to be considered that the incriminations listed in this Chapter were intended to protect the work of domestic judicial authorities.
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    Criminal protection of labour relations
    (Національний авіаційний університет, 2020-02-28) Topchy, V.V.
    The criminal legal protection of human labour rights from socially dangerous attacks is a necessary component of the mechanism for their implementation and State protection, and must be ensured through a unified and harmonized system of criminal law. The criminalization of certain acts often arises from the impact of the adoption of relevant international legal instruments in a particular area.