International law herald: actual problems of the present (theory and practice)

THE RIGHTS OF THE CONVICTED PERSON IN THE RECOGNITION AND ENFORCEMENT OF DECISIONS OF FOREIGN COURTS AND INTERNATIONAL JUDICIAL BODIES IN CONNECTION WITH THE TRANSFER OF CONVICTED PERSONS

A. B. Antoniuk — 2023-12-12

The article is devoted to the issues of execution of foreign criminal charges and execution of foreign criminal charges and compliance with the legislation of Ukraine, which continues criminal activities. Competently charged foreign nationals, as there are questions about the implementation of the subsequent closure of the case. It will also require a thorough investigation and consideration not only of the institution for the criminal offense, the punishment of the person who committed the criminal offense (the institution, etc. preparation of charges), drawing up an indictment, presenting an indictment, taking it into custody, implementing measures to ensure criminal prosecution, and as a means of ensuring the closure of the case by the actual execution of the test.

FORENSIC EXPERTISE IN THE FIELD OF INTELLECTUAL PROPERTY REGARDING PLANT VARIETIES: REGULATORY AND LEGAL SUPPORT

I. V. Gubenko — 2023-12-12

The article examines the normative and legal provision of forensic examination in the field of intellectual property regarding plant varieties. The main international normative acts in the field of plant protection and protection of intellectual property rights for plant varieties are analyzed, namely: the International Convention on the Protection of Plants, the International Convention on the Protection of New Plant Varieties, the Patent Law Agreement. It has been established that international documents ratified by Ukraine contain provisions that are implemented in national legislation and are used in law enforcement activities and law enforcement practice. It has been found that at the level of national legislation, the sphere of protection of intellectual property rights for plant varieties is regulated by the Civil Code, the Economic Code, the Criminal Code, the laws “On Plant Life”, “On Seeds and Planting Material”, “On Environmental Protection”, “On copyright and related rights”, “On protection of rights to signs for goods and services”, “On protection of rights to inventions and utility models”, “On protection of rights to industrial designs”, “On plant protection”, “On protection plant variety rights”. The general provisions of the human right to intellectual property are defined in the Constitution of Ukraine. The laws contain interrelated, non-controversial terminology for the field of plant life and the protection of intellectual property rights for plant varieties; a list of documents certifying the procedure for submitting an application for registration of a new variety of plants, conducting a qualification examination and obtaining patents and certificates; terms of validity of property rights of intellectual property on plant varieties; the relationship between the business entity and the employer for the inventor (author) of the plant variety; responsibility for violation of norms regarding the protection of intellectual property rights to plant varieties, etc. It is emphasized that, in addition to the provisions of these laws, forensic examination in the field of intellectual property of plant varieties is regulated by the Law “On Forensic Examination” and departmental bylaws. A distinction is made between the qualification examination for the establishment of a new variety of plants, which is carried out by specialists of the Ukrainian Institute of Examination of Plant Varieties, as a scientific and technical examination, and the forensic examination in the field of intellectual property of plant varieties, which is performed by forensic experts who have the relevant, duly formalized powers for this type of judicial – expert activity. A conclusion was made about a three-level system of regulatory and legal support of forensic examination in the field of intellectual property of plant varieties: international acts; Constitution, codes and laws of Ukraine; departmental bylaws.

SCHEMES OF COMMITMENT OF CRIMES BY INDIVIDUAL EMPLOYEES OF LEGAL ENTITIES UNDER PUBLIC LAW

V. I. Zavydniak — 2023-12-12

The article is devoted to the issue of ways of committing crimes by individual employees of legal entities of public law. A detailed, forensic analysis of the ways of committing crimes is conducted by the heads of large business entities, whose authorized capital of which the share of state property exceeds 50% and whose jurisdiction falls within the competence of the National Anti-Corruption Bureau of Ukraine. The definition and disclosure of the content of such concepts as: “methods of committing crimes”, “appropriation”, “embezzlement”, “seizure”.

CRIMINALISTICS RECOMMENDATIONS FOR INVESTIGATING ILLEGAL ACTIONS PERFORMED BY LAW ENFORCEMENT WORKERS AGAINST SUSPECTS AND INNOCENT PEOPLE USING THEIR OFFICIAL POSITION

V. V. Kononova — 2023-12-12

The article provides criminalistics recommendations that point the investigator (detective) to the most optimal way to investigate illegal actions committed by law enforcement officers against guilty (suspects) and innocent persons through abuse of official position or by exceeding official authority. Attention is focused on the fact that the quality of the pre-trial investigation of criminal offenses committed by law enforcement officers in the field of official activity will directly depend on the mental abilities of the investigator (detective), his practical experience and psychological qualities, because it is these indicators that influence the ability of the investigator (detective) to quickly respond to changing situations and certain circumstances in criminal proceedings, the emergence of new information about the illegal event being investigated and the ability to correctly and effectively use criminalistics recommendations that indicate the most the optimal way to investigate a criminal offense in this category.

МISTAKES ERRORS OF THE INVESTIGATOR DURING THE PREPARATION, ACCEPTANCE AND IMPLEMENTATION OF PROCEDURAL DECISIONS AT THE STAGE OF PRE-TRIAL INVESTIGATION

M. Y. Kulyk — 2023-12-12

The purpose of the article is to research and analyze the issue of the investigator’s mistakes during the pre-trial investigation. For the criminal process and criminology, investigative errors are of interest from the point of view of their differentiation and the development of means of detection, correction and prevention of their commission in the future. The main task is to investigate the mistakes of the investigator during the pre-trial investigation of criminal proceedings and to propose ways to correct them. The errors of the investigator during the implementation of procedural decisions at the pre-trial investigation are clarified, typical errors during the investigation (search) and other procedural actions are provided. The ratio of procedural and tactical errors of the investigator, which are revealed during the investigation of criminal offenses, is considered. The practical value of the work consists in providing recommendations to avoid mistakes during the implementation of procedural decisions at the pre-trial investigation, correcting errors during investigative (search) and other procedural actions. Empirical results, in particular the study of materials of investigative practice and special literature, made it possible to provide definitions, signs of investigative errors, to carry out a classification and to propose methods of their correction.

CONDUCTING COMPUTER AND TECHNICAL EXAMINATION DURING THE INVESTIGATION OF CYBERCRIMES

V. P. Liubavina — 2023-12-12

The article is devoted to the specifics of conducting a computer and technical examination during the investigation of cybercrimes. It is noted that this type of criminal offense does not leave a visible trace at the scene of the crime, is difficult in the context of detection and disclosure, which is due to both the use of remote access tools and the specific, immaterial (in the traditional forensic sense) place of the crime – cyberspace. In addition, it was established that the objects of examination can be divided into hardware (personal computers in any version; peripheral devices for personal computers; network hardware; integrated systems; any components of these components), software (system software; application software) and information (text and graphic files created using computers or mobile devices; audiovisual (multimedia) data; information in the formats of databases and other application software).

SEPARATE ISSUES OF THE USE OF DETENTION AS A PREVENTIVE MEASURE IN CONDITIONS OF MARTIAL LAW

O. V. Sirenko — 2023-12-12

The article is devoted to the issue of the application of preventive measures in the conditions of martial law. It has been established that detention is an exclusive preventive measure, which can be applied only if it is proven that milder preventive measures are not able to prevent the risks provided for in Art. 177 of the CPC of Ukraine. It is noted that the procedure for canceling a preventive measure for completing military service under conscription during mobilization, for a special period, or changing a preventive measure for other reasons is also special. Thus, in the case of the introduction of martial law in Ukraine or some of its localities, implementation of measures to ensure national security and defense, repel and deter armed aggression of the Russian Federation and/or other states against Ukraine, a suspect, an accused person, who during a pre-trial investigation or trial in custody, except for those who are suspected of committing crimes against the foundations of national security of Ukraine, as well as criminal offenses provided for in clearly defined articles of the Criminal Code of Ukraine, have the right to apply to the prosecutor for the cancellation of this preventive measure in order to undergo military service under conscription during mobilization, for a special period. In addition, the change of preventive measures is possible only under certain conditions, namely, in one case, the request is justified by the desire to use the funds pledged for the purposes of the defense of Ukraine, and in the second, such a change is possible only in places of active hostilities.

THE CONCEALMENT OF CRIMES COMMITTED IN PLACES OF DETENTION OF LIBERTY AND THE INSTRUMENTS OF OVERCOMING THEM

P. V. Tsymbal — 2023-12-12

In this scientific article, we are investigate the ways of concealing crimes committed by prisoners and employees of the State Criminal Enforcement Service on the territory of a correctional institution. The commission to date of criminal offenses on the territory of a correctional institution very rarely acquires a highprofile character. This is due to many factors. One such factor is the ‘discipline’ and ‘traditions’ that have been ingrained in prisons for decades. If we talk about ‘discipline’ that has an effect on not disclosing information to outsiders, then it applies more to the staff of the correctional institution. Repressive methods of physical and psychological influence are applied to the prisoners after the prisoners disclose information related to the commission of crimes by employees of the penitentiary institution, or the disclosure of information about the latter exceeding their official powers. We single out the most common ways of concealing criminal offenses in the territory of places of deprivation of liberty, including: masking the crime; staging a crime; deception; concealment of the subject of the crime; destruction of actual data and other methods. For a more in-depth study of the problems associated with the concealment of a crime, we provide a certain list of subjects, among which the most likely subjects of concealment are the administration of the correctional institution and its staff, prisoners, and visitors to the prison. Considerable attention is paid to the ‘regime of the correctional institution’, not only as a means of maintaining law and order by the employees of the State Criminal Enforcement Service of Ukraine, but also as the main source of concealment of factual data. First of all, this is due to the fact that the conduct of investigative (search) actions on the territory of a correctional institution is regulated not only by the Criminal Procedure Code of Ukraine, but also by the Criminal and Executive Code of Ukraine and the ‘Rules of Internal Procedure of Penitentiary Institutions’. In this regard, employees of the National Police of Ukraine may be hindered by the administration of the penal institution, if the latter is not interested in the results of the pre-trial investigation. A review of preventive measures aimed at preventing the commission of a criminal offense, as well as solving the problem of concealment of committed criminal offenses in places of deprivation of liberty, is carried out.