The article explores the problem of resolving a criminal-legal conflict (which involves a person who has committed a socially dangerous act) through reconciliation. The relevance of the research topic is due to the fact that the legal conflict requires a binding solution, as it affects the most important social values. The purpose of this article is to disclose the nature and importance of reconciliation as a way of resolving a criminal-legal conflict. The authors used an analysis method, a synthesis method, a logical method, a historical method, and a formal legal method to write this article. According to the results of the study, the authors concluded that the application of criminal liability for reconciliation of the perpetrator with the victim is effective for all parties to the criminal-legal conflict. Moreover, for the state as a party to the criminal-legal conflict, such a way of resolving, is also effective because of the fact that the achievement of the tasks of criminal responsibility with the minimum cost of resources is the restoration of the rights of the victim.
The article deals with the a) cases of passing a ruling to enforce compulsory measure of educational character (CMEC) by the court of first instance from the standpoint of their interconnection with final decisions of the pre-trial investigation stage; b) grounds for adoption of a ruling to impose CMEC by the court of first instance with regard of applicable standard of proof. Authors concluded that the court of first instance passes the ruling to enforce CMEC only in case a motion to impose CMEC was sent to the court from the pre-trial investigation stage. Such situation is possible solely in criminal proceedings in respect of a minor that committed socially dangerous act having reached the age of eleven and prior the age of criminal responsibility. Factual circumstances of criminal proceedings to be proved are the grounds for rendering a ruling to enforce CMEC. Approximate list of the circumstances is given in Art. 91 Para. 1 and Art. 485 of the Code of Criminal Procedure op Ukraine (CCP of Ukraine). Given that the ruling to enforce CMEC is a decision where the minor's involvement in the commission of the alleged act shall be shown, the court shall be bound by the beyond a reasonable doubt standard. However, given the provisions of Arts. 17, 485 and 501 of CCP of Ukraine is it demonstrated that the questions arising while deciding whether to enforce CMEC shall be addressed by the court with account of probabilistic nature of circumstances to be ascertained. In addition, the law does not require the prosecution party to prove all circumstances specified in the law beyond a reasonable doubt.
In modern conditions of development of public relations complication of activity of law enforcement agencies is observed. This is due to new challenges in the law enforcement system, including the fight against high levels of the organization and the criminal professionalism of corrupt individuals. Because of this, it is challenging for operational units to identify specific facts of illegal actions with the help of operational and investigative measures. At the same time, the fight against crime by establishing high quantitative indicators of disclosure remains one of the principles of law enforcement in Ukraine, including sometimes deviating from those means established by law. Therefore, the problem of provoking bribery is relevant for scholars of the legislator and law enforcement. The object of the study is criminal liability for provoking bribery. The research methodology consists of such methods as the dialectical method, analytical method, historical method, method of analysis of legal documents, articles, and monographs, method of generalization, comparison, synthesis, and modeling method. The authors identified the features of such liability to clarify the problematic issues of qualification of provoking bribery, and to distinguish the distinctive features of prosecution from other types of crimes.
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