This research paper aims to analyze criminal liability for assaulting law enforcement agents in different jurisdictions. A comparative approach is used to examine relevant criminal law provisions of several countries, including the United States, England, Germany, Canada, and Ukraine. The methodology combines statistical methods and comparative research to provide a detailed and comprehensive analysis. The most important findings indicate that some countries protect both public officials and law enforcement agents from illegal attacks, while others have a special liability regime for assaulting or threatening police officers only. In particular, it is argued that the Ukrainian approach is more balanced compared to other jurisdictions. Overall, the document provides a complete and detailed insight into criminal liability for assaulting law enforcement agents in various parts of the world.
The aim of the article was to reveal the content of the controversial elements of the illegal use of humanitarian aid, provided for in Article 201-2 of the Criminal Code of Ukraine; to clarify the validity of the introduction of this prohibition and, moreover, to discuss its impact on law enforcement. All of which in order to be able to determine the prospects for the development of criminal law in the field. Several research methods have been used in the article, such as: comparative, systemic-structural and legal-formal. Referring to the appropriate methodological basis has made it possible to delve into the issues of criminal liability for embezzlement of humanitarian aid funds in Ukraine. Based on the results of the comparative analysis, it has been noted that there are no special provisions on appropriation and embezzlement of humanitarian aid items in the legislation of certain European states. As a conclusion it has been argued that the introduction of article 201-2 in the Criminal Code, is an example of excessive criminalization because: in this case, the act, which is inherent in the social harmfulness necessary for criminalization, did not require criminalization, since criminal liability for it has already existed and is broadly typified in the law.
In connection with the numerous facts of violations of the special legal regime of historical and cultural lands, in particular, their illegal development, a number of draft laws have been developed, which increase the responsibility for the destruction of immovable cultural heritage and violation of the traditional nature of the environment. The presented work is devoted to the analysis of legislative initiatives enshrined in the draft law No. 4562 «On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening Responsibility for the Destruction of Immovable Cultural Heritage and Violation of the Traditional Nature of the Environment», and the correlation of the provisions of this draft law with the provisions of the Criminal Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine «On the Protection of Cultural Heritage». Thus, the draft law is proposed to supplement Art. 197-1 of the Criminal Code of Ukraine «Unauthorized occupation of a land plot and unauthorized construction» with three new parts regarding the unauthorized construction of buildings or structures: in the historical area of historical settlements (Part 5 of Art. 197-1); on the territory of a historical and cultural reserve, a historical and cultural protected area, a world heritage site or in its buffer zone (Part 6 of Art. 197-1); and the acts provided for by parts five and six of this article, if they are committed repeatedly (Part 7 of Art. 197-1). In addition, it is proposed to determine the type and amount of punishment for these acts. The conducted research shows that the criminal law norms described in Art. 197-1 of the Criminal Code of Ukraine, are able to implement a protective function regarding illegal occupation or unauthorized construction on lands of historical and cultural purposes, and therefore there is no need to adopt the law draft No. 4562 «On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening Responsibility for the destruction of immovable cultural heritage and violation of the traditional character of the environment», which is imperfect in terms of legal drafting methodology. However, a promising direction of scientific research and possible legislative initiatives on the issue under consideration may be the development of measures of criminal legal action against persons who illegally build up the lands on which cultural heritage sites are located.
The public danger of illegal drug trafficking, drug addiction and related phenomena is obvious; therefore the world community is making significant efforts to counter these phenomena, because only through joint efforts it is possible to ensure an effective counteraction to drug trafficking. For this purpose, states adopt a significant number of international normative legal acts. The issues of countering the illegal drug trafficking, psychotropic substances, their analogues and precursors are considered both within the framework of general documents on combating crime, and in special acts. Taking into account the European integration course of Ukraine, the expansion of international cooperation in the sphere of combating the illegal drug trafficking drugs, psychotropic substances, their analogues and precursors, the following issues should be marked as ones of great importance: observance by Ukraine of its international legal obligations; integration into the world system of counteracting drug trafficking; bringing national legislation in line with the provisions of international regulatory legal acts. This article is devoted to the outlined questions. In particular, the provisions of the national legislation in the sphere of illegal drug trafficking, psychotropic substances, their analogues and precursors are analyzed, and the compliance of domestic norms with international regulatory legal acts in the sphere of combating illegal drug trafficking is concluded. The classification of international regulatory legal acts in the sphere of illegal drug trafficking in dependence to the authority that issued them is given. On the basis of the conducted analysis, the author suggests ways to further improvement of the domestic criminal legislation in the sphere of combating drug trafficking. In particular, it is proposed to criminalize the sowing and cultivation of any kind of narcotic drugs, as well as to partially revise the punishment for certain drug crimes.
The aim of the article was to conduct a comparative legal analysis of the features and problems of criminal prosecution of legal entities for environmental crimes. The research objectives were fulfilled through modern methods of cognition. The leading practical method was the method of observation. The study allowed to form a conceptual understanding of theoretical ideas about environmental crimes of legal entities in Ukraine. Currently, Ukraine is trying to focus in its legislative innovations on the implementation of progressive approaches to the introduction of a comprehensive institution of criminal law measures regarding the liability of these entities. Relevant legal mechanisms and comments identified in the practice of the European Union and substantiated by scholars, can be implemented in the legislation of Ukraine. Amendments to the rules governing the procedure for effective prevention of environmental crimes by legal entities are proposed. It seems reasonable to introduce an active monitoring analysis of anthropogenic activities of companies, and the creation of special units to identify relevant violations. The mechanisms for implementing the set of preventive and monitoring measures outlined in the article, set the background for further scientific research.
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