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- ДокументКРИМІНАЛЬНА ВІДПОВІДАЛЬНІСТЬ ЗА НЕЗАКОННЕ ЗАВОЛОДІННЯ ТРАНСПОРТНИМ ЗАСОБОМ: АНАЛІЗ ЗАКОНОДАВЧИХ НОВЕЛ(Запоріжжя: Запорізький національний університет, 2021) Дудоров, О.О.; Ємельяненко, В.В.; Мовчан, Р.О.The article is devoted to the analysis of the Law of Ukraine of September 3, 2020 “On Amendments to Article 289 of the Criminal Code of Ukraine on Combating Illegal Seizure of a Vehicle”. Taking into account the achievements of criminal law science and approaches developed by judicial practice, validity of this Law’s provisions and their possible impact on law enforcement have been established. Main attention has been paid to the changes in the qualifying features of illegal seizure of a vehicle: changes related to the differentiation of criminal liability for illegal seizure of a vehicle depending on its value; recognition of the use of electronic devices to interfere with the work of technical means of protection as a new liability aggravating element of this crime; expanding the content of repetition. Changes in the part of exemption from criminal liability for committing illegal possession of a vehicle and its punishment have also been analyzed. It has been stated that, with reference to the latest changes to Art. 289 of the Criminal code of Ukraine, if evolutionary mitigation of criminal liability for the encroachment provided by this article has been traced before, at this point, otherwise, the legislator connects efficiency of counteraction to cases of illegal seizure of vehicles with strengthening criminal law repression. A general conclusion has been made about the inadequate level of the Law of September 3, 2020 and that the “profile” laws, on the basis of which amendments to the Criminal Code of Ukraine should be made, cannot be considered as a guarantee of quality lawmaking. It has been proved that, having passed the mentioned Law, the parliamentarians did not take into account specifics of the crime of “illegal seizure of a vehicle”, doctrinal requirements for the content of qualified elements as a means of differentiation of criminal liability, or approaches developed by law enforcement practice. It has been shown that the analyzed legislative changes, partially implemented in the direction of “convergence” of the content of Art. 289 and articles of the Criminal code of Ukraine on liability for criminal offenses against property, complicate definition of prospects of the specific criminal law prohibition related to illegal seizure of a vehicle.
- ДокументКРИМІНАЛЬНО-ПРАВОВА ЗАБОРОНА ЩОДО КОНТРАБАНДИ ДЕРЕВИНИ: СУЧАСНИЙ СТАН І ПЕРСПЕКТИВИ(Запоріжжя: Запорізький національний університет, 2021) Дудоров, О.О.; Мовчан, Р.О.The article is dedicated to the analysis of debatable issues related to the interpretation and application of Art. 201-1 of the Criminal Code of Ukraine «Movement of timber or lumber of valuable and rare species of trees, unprocessed timber, as well as other timber prohibited for export outside the customs territory of Ukraine across the customs border of Ukraine outside customs control or with concealment from customs control». Main attention has been drawn to the issues of: legislative description of the elements of this crime; the need to solve the problem of arbitrariness of quantitative characteristics of indicators of large and especially large size, prescribed by this article of the criminal law; systemic and legal inconsistency of the provisions of the study ban with other provisions of current legislation, in particular Article 246 of the Criminal Code of Ukraine «Illegal felling or illegal transportation, storage, sale of forest»; inadequacy and unjustified severity established in the sanctions of Art. 201-1 of the Criminal code of Ukraine of punishments, which do not correspond to public danger of the corresponding encroachments. A presumption has been offered that the Verkhovna Rada of Ukraine should make a decision as soon as possible on the recriminalization of the “commodity” smuggling and on the resumption of the closest to the original version of Art. 201 of the Criminal code of Ukraine, within which criminal liability for smuggling of wood has to be regulated as well. It is generally concluded that when deciding on criminal liability for timber smuggling, parliamentarians had not decided on the optimal way to reflect this largely approved initiative in the normative material. Ways to eliminate the identified shortcomings of the analyzed norm of the criminal law have been offered, which will allow to increase the efficiency of the mechanism of criminal law counteraction to timber smuggling.
- ДокументСудова практика в справах про кримінальні правопорушення проти безпеки виробництва: питання кваліфікації(Запоріжжя: Запорізький національний університет, 2022) Дудоров, О.О.; Мовчан, Р.О.The article is devoted to the coverage of problematic issues of qualification of criminal offenses against safety of production in judicial practice and the development of recommendations aimed at law enforcement. Given the fact that all articles of Section X of the Special Part of the Criminal Code of Ukraine (CC) contain blanket dispositions, special attention is drawn to the issue of proper specification of prosecution. The issue of criminal law qualification of violation of the rules that occur at automobile gas stations (points) is considered separately. With reference to the materials of judicial practice and scientific achievements, the content of such features of criminal offenses against the safety of production as socially dangerous consequences (harm to human health, death, other serious consequences), causation, victim, subject and subjective side is substantiated. In particular, it is established that the causal link, being, as a general rule, indirect, can be complicated by the negligent behavior of the victim, by the fault of several entities, the properties of the equipment, the complexity of technological processes and more. It is argued that the difficulties in qualifying criminal offenses in question are mainly related to the delimitation of related offenses and the establishment of the content of evaluative elements. It is proved that the range of subjects of a criminal offense under Art. 271 of the Criminal Code «Violation of the requirements of the legislation on labor protection» requires legislative expansion. A conclusion is made that clear normative and law enforcement guidelines based on scientific achievements are needed to solve specific criminal law issues. It is shown that the decision of the Plenum of the Supreme Court of Ukraine of June 12, 2009 № 7 “On the practice of application by the courts of Ukraine of legislation in cases of crimes against safety of production” largely continues to play a positive role in law enforcement in the studied group of criminal proceedings. With reference to this, introduction of its modern version would play a positive role in ensuring uniformity and predictability of judicial practice.
- ДокументСудова практика в справах про кримінальні правопорушення проти безпеки виробництва: питання кваліфікації(Запоріжжя: Запорізький національний університет, 2022) Дудоров, О.О.; Мовчан, Р.О.The article is devoted to the coverage of problematic issues of qualification of criminal offenses against safety of production in judicial practice and the development of recommendations aimed at law enforcement. Given the fact that all articles of Section X of the Special Part of the Criminal Code of Ukraine (CC) contain blanket dispositions, special attention is drawn to the issue of proper specification of prosecution. The issue of criminal law qualification of violation of the rules that occur at automobile gas stations (points) is considered separately. With reference to the materials of judicial practice and scientific achievements, the content of such features of criminal offenses against the safety of production as socially dangerous consequences (harm to human health, death, other serious consequences), causation, victim, subject and subjective side is substantiated. In particular, it is established that the causal link, being, as a general rule, indirect, can be complicated by the negligent behavior of the victim, by the fault of several entities, the properties of the equipment, the complexity of technological processes and more. It is argued that the difficulties in qualifying criminal offenses in question are mainly related to the delimitation of related offenses and the establishment of the content of evaluative elements. It is proved that the range of subjects of a criminal offense under Art. 271 of the Criminal Code «Violation of the requirements of the legislation on labor protection» requires legislative expansion. A conclusion is made that clear normative and law enforcement guidelines based on scientific achievements are needed to solve specific criminal law issues. It is shown that the decision of the Plenum of the Supreme Court of Ukraine of June 12, 2009 № 7 “On the practice of application by the courts of Ukraine of legislation in cases of crimes against safety of production” largely continues to play a positive role in law enforcement in the studied group of criminal proceedings. With reference to this, introduction of its modern version would play a positive role in ensuring uniformity and predictability of judicial practice.