criminal law

The article examines the influence of Roman law and the Constitutio Criminalis Carolina on the formation of criminal law norms in the possessions of the Habsburg monarchy of the eighteenth century. It is emphasized that the study of this issue is of key importance for understanding the evolution of the legal system of the Habsburg monarchy, and is also relevant given the need to understand the origins of modern criminal law, its historical foundations and the legal traditions which shaped it.

The article provides a legal analysis of criminal offenses against property, in particular those provided for in Section VI of the Criminal Code of Ukraine. Particular attention is paid to the problems of qualification, differentiation between related offenses (theft, robbery, fraud, embezzlement or misappropriation of property, etc.), as well as the difficulties in determining intent, form of guilt, motive, and purpose.

Corruption under martial law emerges as a complex, multi-level socio-legal phenomenon that not only distorts the institutional foundations of public administration but also undermines the legitimacy of state authority in the eyes of society. This study provides a comprehensive analysis of the theoretical and legal principles for the classification of corruption-related crimes in the context of the current criminal legislation of Ukraine, taking into account the dynamic changes influenced by the legal regime of the state of emergency.

The article analyzes the peculiarities of the functioning of criminal enforcement law in Ukraine during the period of martial law. We mentioned that the criminal law of Ukraine establishes the procedure and conditions for serving criminal punishments in order to protect the interests of the individual, society and the state by creating conditions for correction and resocialization of convicts, prevention of committing new crimes, prevention of torture and inhumane treatment of convicts.

 The legal status of a witness in criminal proceedings entails a set of rights and obligations, which are intended to ensure their cooperation with judicial authorities to fulfill the objectives of criminal justice.

Security measures for witnesses (physical protection, confidentiality, etc.) must guarantee the provision of testimony without fear for their own life or the lives of their loved ones, as well as prevent potential pressure or physical harm from criminals or other interested parties.

The article reveals the concept and legal nature of the institution of exemption from punishment and its serving since this institution is closely related to both the purpose of punishment and the tasks of criminal responsibility in general. In this regard, exemption from serving a sentence requires a more detailed study.

The article analyzes the changes to the Criminal Code of Ukraine introduced during martial law in connection with russia’s armed aggression against Ukraine. The needs and reasons for changes to the criminal legislation, which provide for harsher punishments compared to peacetime, are substantiated: the change in the social danger of crimes, the need to strengthen prevention, and ensure justice.

Abstract. The article focuses on the fact that the sphere of behavior of a person, which today is regulated by the legislation of Ukraine on criminal liability, and which in connection with this becomes the object of an official assessment, is actually much wider than criminally punishable acts, and primarily, it concerns legally significant treatment of a person after committing a criminal offense. Such behavior is called "post-criminal", "post-criminal" or "post-criminal".

The article highlights the concepts, signs and classifications of war crimes. Disclosure of the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Attention is focused on revealing the meaning of the concept of "war crime" taking into account the provisions of international criminal law. Ukraine is going through a difficult period of history associated with the armed conflict in the east of the country. This creates a serious need for the study and regulation of war crimes in the context of national criminal law.

The question of strict differentiation of responsibility and punishment in the legal literature arose at the turn of the 50-60's. Until 1958, the legislation did not generally consider criminal liability separately from punishment. An article appeared in the Principles of 1958 and the Criminal Code of the Ukrainian SSR in 1960, which provided the grounds for exemption from criminal liability and punishment. This was a confirmation, that the legislator does not equate criminal liability and punishment, but follows the path of distinguishing these concepts.