- Author:
Mykhailo Mykhailov
- E-mail:
Mihailov0088@gmail.com
- Institution:
National Academy of Sciences of Ukraine
- ORCID:
https://orcid.org/0000-0002-5448-5379
- Year of publication:
2020
- Source:
Show
- Pages:
123-133
- DOI Address:
https://doi.org/10.15804/rop2020409
- PDF:
rop/14/rop1409.pdf
The article presents the methodological concept of the study of criminal law support for combating corruption bribery in Ukraine. At the same time, the study of criminal liability for corruption bribery should be based on an appropriate methodological basis. Successful choice of methods of scientific knowledge has a direct impact not only on the research process but also on its results. To obtain reliable conclusions, it is unconditional to use the widest possible methodological tools, taking into account the peculiarities and specifics of the field of research. The protection of human rights in Ukraine today is inextricably connected with combating such a negative phenomenon as corruption. This thesis is declared by a number of international legal agreements, laws and regulations of Ukraine. The European standards of combating corruption in the paradigm of the rule of law exactly allow to increase the effectiveness of the efforts of the Ukrainian society in this direction. The above allows us to formulate a methodological concept for the study of criminal law support for combating corruption bribery in Ukraine. Research of criminal liability for corruption bribery should be carried out from the standpoint of a binary approach:
- To find out the cause and conditions of occurrence, as well as certain characteristics of the phenomenon itself – deviant behavior in the form of corrupt bribery.
- To develop the concept of criminal law counteraction to corruption bribery and development of substantiated scientific recommendations on the construction and content of relevant criminal law norms-prohibitions.
At the same time, the theory of social naturalism should be chosen as the primary source of worldviews for the study of criminal liability for corruption bribery. This will allow developing new concepts for the formation of law-abiding behavior in the anti-corruption sphere by reassessing the means of legal regulation, partial rejection of positivist principles and the introduction of natural – naturalistic approaches to the formation of criminal law.
- Author:
Vitaliy Kuznetsov
- E-mail:
vitaliykuznetsov@ukr.net
- Institution:
Taras Shevchenko National University of Kyiv
- ORCID:
https://orcid.org/0000-0003-1727-4019
- Author:
Mykola Syiploki
- E-mail:
mykola.syiploki@uzhnu.edu.ua
- Institution:
Uzhhorod National University
- ORCID:
https://orcid.org/0000-0001-6131-9179
- Year of publication:
2022
- Source:
Show
- Pages:
102-121
- DOI Address:
https://doi.org/10.15804/ksm20220306
- PDF:
ksm/35/ksm3506.pdf
Legal Aspects of Legalization of Circulation and Use of Firearms by Civilians in order to Repel Armed Aggression of the Russian Federation
The current aggression of the Russian Federation (RF) against Ukraine has highlighted various actual socio-political and criminal issues. It was established that the problem of legalization of circulation and use of firearms by civilians to repel the armed aggression of the Russian Federation arouses the greatest interest in society. The analysis of normative acts allows determining two levels of civilians’ accessing to firearms to repel the armed aggression of the Russian Federation: general and special. The general level is determined by the laws of Ukraine «On Ensuring the Participation of Civilians in the Defense of Ukraine» from 03.03.2022 № 2114-IX and «On Amendments to the Criminal Code of Ukraine and other Laws of Ukraine to Determine the Circumstances that Exclude Criminal Misconduct and Provide Combat Immunity Actions in the conditions of martial law» from 15.03.2022 № 2124-IX. Special one is defined by the Law of Ukraine «On Fundamentals of National Resistance» of 16.07.2021 № 1702-IX and the Procedure for the use of personal hunting weapons and ammunition by members of voluntary formations of territorial communities in the performance of territorial defense tasks, approved by the Resolution of the Cabinet of Ministers of Ukraine of December 29, 2021 № 1448. The analysis of normative acts at the general level allows to determine the gaps in the Law of Ukraine № 2114-IX, such as: the lack of clear correspondence with the Law of Ukraine № 1702-IX; incorrect reference to the resolution of the Cabinet of Ministers of Ukraine № 828; lack of clear conditions for the use of weapons. The positive aspects are: expanding opportunities not only for the citizens of Ukraine, but also for foreigners and stateless persons to obtain and use firearms; de facto exclusion of criminal liability for the use of firearms. It is established that the Law of Ukraine № 2124-IX provides for a new circumstance that excludes the criminal illegality of the act, that is «Fulfillment of the Duty to Protect the Fatherland, Independence and Territorial Integrity of Ukraine» (Article 43–1 of the Criminal Code), which determines, on the one hand, rather wide opportunities for Ukraine protection; on the other hand, it provides a number of conditions for the legality of the act, which significantly complicate such activities. It is proved that regulations at the special level are designed more for the peaceful period of life (it is complicated by conditions that are difficult to comply with in a particular period), subjects and means of protection are clearly defined, time limits are defined, and that is the period of territorial defense tasks performing. A discrepancy was established between the list of remedies defined by the Law of Ukraine № 1702-IX and the Cabinet of Ministers of Ukraine Resolution № 1448. It was stated that these regulations do not apply to all civilians and do not provide more opportunities for defense.
- Author:
Jan Kluza
- E-mail:
jan.kluza@hotmail.com
- Institution:
Uniwersytet Jagielloński w Krakowie
- ORCID:
https://orcid.org/0000-0002-0929-6093
- Year of publication:
2022
- Source:
Show
- Pages:
205-215
- DOI Address:
https://doi.org/10.15804/ppk.2022.04.16
- PDF:
ppk/68/ppk6816.pdf
Amendments to the Penal Code of 2020 Based on the So-Called Covid Acts in the Light of the Judgment of the Constitutional Tribunal of 14 July 2020, file ref. no. Kp 1/19
According to the Statute of Sejm, introducing changes to an act, which is a code, requires a special procedure, which purpose is not to make such changes too fast. Meanwhile, in a relatively short period, polish parlament made a numer of changes to the penal code as part of the enactment of laws aimed at combating the coronavirus epidemic. The scope of these changes was relatively large. They concerned important issues not only in the general part of the Penal Code, defining the principles of criminal liability, but also in the specific regulations, modifying statutory threats and introducing new types of crimes. This is particularly important due to the judgment of the Constitutional Tribunal issued on July 14, 2020, which also concerned the legislative pace of the 2019 amendment to the Penal Code.
- Author:
Emil Śliwiński
- E-mail:
esliwinski.es@gmail.com
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0000-0002-5910-9030
- Year of publication:
2022
- Source:
Show
- Pages:
115-125
- DOI Address:
https://doi.org/10.15804/ppk.2022.05.09
- PDF:
ppk/69/ppk6909.pdf
The Notion of Repressive Liability (Article 42 of the Constitution) and the Power of Pardon of the President of the Republic of Poland
The aim of this article is to discover in relation to which sanction it is possible to exercise the right of pardon (art. 139 of the Constitution). Basing on the systemic interpretation of the Constitution, the author argues that the power of pardon is the ‘reverse’ of the notion of repressive liability inferred from art. 42 of the Constitution. Consequently, in relation to all repressive sanctions within the meaning of art. 42 of the Constitution it is allowed to grant a pardon. Therefore it is possible to claim that a power of pardon can be applied to, inter alia, disciplinary penalties, lustration penalties, administrative monetary penalties, tax surcharges and penalties imposed on collective entities. Challenges for the doctrine of law – including possible collisions between exercising power of pardon and other constitutional provisions – are indicated.
- Author:
Jacek Sobczak
- Institution:
SWPS Uniwersytet Humanistycznospołeczny
- Year of publication:
2015
- Source:
Show
- Pages:
57-91
- DOI Address:
https://doi.org/10.15804/tpn2015.2.03
- PDF:
tpn/9/TPN2015203.pdf
This article analyzes the penal provisions of the press law when considering the issue of responsibility for the publication of press material. It presents the cases of the notification of the violation of press law, joint and several responsibility of the press, contratyp of press criticism, satire, cartoons and press reports, the limitation of liability of the press, the question of exerting pressure on journalists and on press criticism, press publishing without registration, avoiding the publication of official announcements and arrest warrants, distribute materials of the case, a crime of an admission to the publication, as well as some questions relating to the proceedings for violation of press law.
- Author:
Emil Śliwiński
- E-mail:
esliwinski.es@gmail.com
- Institution:
Uniwersytet Warszawski
- ORCID:
https://orcid.org/0000-0002-5910-9030
- Year of publication:
2023
- Source:
Show
- Pages:
169-180
- DOI Address:
https://doi.org/10.15804/ppk.2023.03.12
- PDF:
ppk/73/ppk7312.pdf
The Material Scope of Immunities in the Light of the Notion of “Criminal Liability” in the Constitution of the Republic of Poland
In the article the author analyses whether the notion of ‘criminal liability’ contained in constitutional provisions relating to formal immunity should be understood in the same way as the identical term in art. 42(1) of the Constitution of the Republic of Poland. The author answers affirmatively to such research question, relying on linguistic directives of interpretation (prohibition of synonymous and homonymous interpretation), as well as the need to safeguard the effectiveness of immunity. Alternative line of interpretation – presented in the judgment of the Constitutional Tribunal P 31/12 and based on exceptiones non sunt extendendae argument – is rejected. From this one can derive a conclusion that formal immunity provides protection against i.a. liability for administrative infractions. The author observes as well that statutory provisions which precise constitutional regulations on immunity do not cover such situations.
- Author:
Maria Karpushyna
- E-mail:
karpushyna@meta.ua
- Institution:
Academy of Advocacy of Ukraine
- ORCID:
https://orcid.org/0000-0003-4125-4202
- Author:
Roman Veresha
- E-mail:
rveresha@gmail.com
- Institution:
Academy of Advocacy of Ukraine
- ORCID:
https://orcid.org/0000-0003-4996-0283
- Year of publication:
2023
- Source:
Show
- Pages:
110-118
- DOI Address:
https://doi.org/10.15804/CPLS.2023209
- PDF:
cpls/6/cpls609.pdf
The relevance of the article is attributed to the swift evolution of the social and state system. With the advancement of the political, economic, and social dimensions of existence, there is a growing need to consider public opinion and enhance public legal awareness in the medical domain. The purpose of the study is to apply correlation analysis in comparing legal sciences and medical sciences, combining them, and subsequently utilizing applied legal dialectics within the realm of medical law knowledge. To achieve this goal, dialectical and logical methods, as well as general scientific methods such as observation and generalization, were employed. Globalization processes are supranational in nature, and under conditions of driving factors are subject to constant development. The medical field is not an exception and is influenced by other sciences, including legal doctrine, informatics, and economics. Clinical research in the medical field is subject to international influence and development, unification and legal regulation. Internationalization processes are making innovative adjustments to the development of medical science, introducing advancements such as artificial intelligence, personalized medicine, predictive medicine, preventive medicine, participatory medicine, and precision medicine. Consequently, personalized patient data is designated as sensitive and necessitates additional legal regulation. Additional attention is paid to the issue of criminal liability of medical workers as special subjects of professional activity. The results of research are reflected in the established search routes of the possibility of improving legal awareness of medical personnel in the context of practical professional activity. Such practical ways can serve as: the creation of informative material of legal content, adapted to the understanding of persons who are not specialists in the field of law, instead, they are professionals of high intellectual level of medical services. The practical importance of the results of creating information and legal content of the medical industry can be reflected in the results of advanced training by medical personnel, in addition, in the elements of self-education of doctors – researchers, private doctors – specialists, etc. Analytical study of the statistical informative material of the medical industry is reflected in legislative and normative legal acts, taken into account in the case law of the national level, taking into account the decisions of the European Court of Human Rights.
- Author:
Daniel Knaga
- E-mail:
daniel.knaga@op.pl
- Institution:
Prokuratura Rejonowa w Pszczynie
- ORCID:
https://orcid.org/0000-0003-4578-8391
- Year of publication:
2024
- Source:
Show
- Pages:
139-153
- DOI Address:
https://doi.org/10.15804/ppk.2024.03.11
- PDF:
ppk/79/ppk7911.pdf
Signs of Crimes in the Light of the Constitution of the Republic of Poland
The article discusses the role of constitutional principles in the process of constructing and assessing the characteristics of crimes in a democratic state ruled by law. In particular, the text discusses the essence of the features of a prohibited act and indicates the scope of criminal liability under Art. 42 section 1 of the Constitution of the Republic of Poland and describes the impact of the principle of nullum crimen sine lege and the principle of proportionality on the issue of the characteristics of crimes. The conclusions drawn from this analysis may become an indication for the legislator on how to construct the elements of prohibited acts so that these regulations are consistent with the Constitution of the Republic of Poland. These features constitute the basis for the accusation and also set the limits of the activities of law enforcement agencies. Their role in protecting legal order is therefore invaluable.