Criminal Legislation Trends in Ukraine (Evidence From Crimes Against Justice)

Abstract

The paper investigates the development of criminal legislation of Ukraine as exemplified in crimes against justice. To this end, the author approached the study of criminal law through the analysis of its development in the globalised world and in Ukraine. In this context, it is proposed to refer to criminal legislation as globalisational and to codification – as unified. This is caused by the rapprochement of countries in the world through the implementation of conventions and other international regulations and, consequently, the harmonisation of criminal legislation. In historical retrospect, the author constructed a historical map of crimes, misdemeanours, and offences against justice inherent in the criminal legislation of Ukraine in the 11th-20th centuries (based on the stage and initial possibility of their commission). It was determined that certain trends of establishing criminal liability for commission of criminal offences in justice will affect the development of crimes against justice: 1) implementation of international regulations; 2) ensuring the protection of the activities of international courts whose jurisdiction is recognised by Ukraine; 3) establishment of a system of criminal offences against justice through their division into groups in the structure of the corresponding section (division of the section into chapters). Such groups may be: 1) criminal offences in administration of justice; 2) criminal offences in enforcement of justice; 3) criminal offences in support of enforcement of justice. The use of these approaches allowed to develop the prospects of criminal legislation on crimes and misdemeanours against justice. Emphasis is placed on the fact that criminal offences (crimes) against justice are such acts that significantly differ in the severity of the offence, their social danger, and therefore the division of these criminal offences into crimes and misdemeanours should affect the procedural features of bringing the respective perpetrators to criminal responsibility

Retracted: Structural measures to prevent radicalism among youth

“…Undoubtedly, the scientific works of Soviet researchers on the study of the social origins, reasons for the emergence, and understanding of the ideological and political characteristics of certain varieties of political radicalism and extremism deserve attention, since they contain the worked out methodological foundations of the study of this phenomenon, and remain relevant in present (Varych, 2019). Episodic manifestations of political extremism in the USSR, a demonstration by certain radical individuals of various elements of Nazi symbols, attempts to create underground neo‐Nazi, nationalist, left‐wing radical, anarchist groups, as a rule, were recorded and documented only by the internal affairs and state security bodies, and information about them for a long period was not included in scientific circulation (Shepitko, 2020). However, the characteristics of the nature and course of socio‐political transformations in the late 1980s–early 1990s significantly updated research on the phenomenon of political radicalism and extremism, which has become the subject of comprehensive scientific comprehension (Ghosh et al, 2017).…”

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“…Thus, along with other offences against justice, such types of them are distinguished as socially dangerous acts that encroach on social relations: from the implementation of the principle of inevitability of legal responsibility ; which ensure the proper execution of judicial acts and measures of a criminal-legal nature assigned by them (Baulin et al, 2015;Miroshnychenko, 2012;Nalutsyshyn, 2018). It is already becoming a trend, as scientists note, to identify criminal offences against justice, which are aimed at ensuring the activities of the International Criminal Court (Shepitko, 2020), the European Court of Human Rights (Horbachova, 2017). The authors fully agree that the norms of the legislation of Ukraine, which determine the limits of responsibility for offences against justice, should develop towards coordination with international legal acts, with the practice of the European Court of Human Rights (Paliukh, 2020).…”

Criminal offences that infringe on the procedure for the execution of court decisions under the legislation of the Republic of Azerbaijan and Ukraine: issues of legislative regulation

“…Thus, along with other offences against justice, such types of them are distinguished as socially dangerous acts that encroach on social relations: from the implementation of the principle of inevitability of legal responsibility ; which ensure the proper execution of judicial acts and measures of a criminal-legal nature assigned by them (Baulin et al, 2015;Miroshnychenko, 2012;Nalutsyshyn, 2018). It is already becoming a trend, as scientists note, to identify criminal offences against justice, which are aimed at ensuring the activities of the International Criminal Court (Shepitko, 2020), the European Court of Human Rights (Horbachova, 2017). The authors fully agree that the norms of the legislation of Ukraine, which determine the limits of responsibility for offences against justice, should develop towards coordination with international legal acts, with the practice of the European Court of Human Rights (Paliukh, 2020).…”