Перегляд за Автор "Movchan, Roman"

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  • Ескіз недоступний
    Документ
    Criminal and legal protection of land resources in Ukraine and Latin America: comparative legal analysis
    (Флоренція, Колумбія: Amazonia Investiga, 2022-03) Movchan, Roman; Vozniuk, Andrii; Kamensky, Dmitriy; Koval, Iryna; Golovko, Olga
    The purpose of the article is to conduct a comparative study of criminal law protection of land resources under the law of Ukraine and Latin America states. Based on the results of such study, positive experience will be identified, which should be taken into account in the process of further improvement of domestic criminal law, as well as negative practices aimed at avoiding its implementation in Ukraine. During the course of covering legal framework in selected countries, proving the hypotheses, substantiating conclusions a wide range of scientific methods has been used. Among them are the following: comparative law, formal logic, philosophical (dialectical) nethods, methods of systems analysis and modeling. Based on the analysis, it has been concluded that when improving the current Criminal Code of Ukraine primarily those provisions of criminal law of Latin American countries can be taken into account, according to which possession of not only a whole all but also a part of land (real estate) constitutes a crime. At the same time, it has been proved that applying approaches of some states is inexpedient, where parliamentarians: 1) refuse to use aggravating elements, when constructing the relevant corpus delicti, which does not allow to ensure the implementation of the principle of differentiation of criminal liability; 2) provide for criminal liability for land crimes of “environmental” nature in the provisions of special laws on the regulation of liability for environmental crimes. Keywords: crime, criminal liability, criminal law protection, land resources, land, soil, land rights, illegal possession, environment, pollution.
  • Ескіз недоступний
    Документ
    Implementation of UN and EU recommendations on criminalization of organized crimes
    (Флоренція, Колумбія: Amazonia Investiga, 2020-04) Vozniuk, Andrii; Dudorov, Olexandr; Tytko, Anna; Movchan, Roman
    Article presents comparative analysis of features and characteristics of organized criminal associations recommended for further criminalization by provisions of Palermo Convention and Framework Decision 2008/841/JHA. Certain peculiarities of the abovementioned provisions implementation in more than 50 states (Asia, America and Europe) have been outlined. We expressed and proved the hypothesis stating that criminalization of actions performed by the members of organized groups and criminal organizations by different states separately is partly explained with consideration of different international legal acts by national legislators: Palermo Convention and Framework Decision 2008/841/JHA. On the basis of analysis of key global models used to criminalize the socially dangerous actions with aim to counteract the organized crimes (collusion, participation, entrepreneurship, marking/registration) we justified the following opinion: 1) within the limits of criminal associations countering collusion and participation models are considered to be the most efficient; 2) use of entrepreneurship model allows to justify the need for establishment of responsibility for legal entities involved in criminal associations functioning or utilization of relevant criminal measures; 3) registration/marking model may be efficient for counteracting the extended terrorist organizations.