Labor as a means of correcting those sentenced to imprisonment

The implementation of criminal liability for an unfinished crime, interrupted at the stage of preparation, is not consistent with the basic criminal law requirements, since the act committed at the stage of preparation, clearly does not contain any signs of a crime or its composition. At the same time, the imposition of punishment is carried out in accordance with the sanction of the norms of the Special part of the criminal code, which indicates the existence of an act not actually committed by the convicted person. This allows us to raise questions about the legality and necessity of bringing a person to criminal responsibility for an act recognized as preparation for the Commission of an intentional crime. The analysis of provisions of the current criminal legislation, sources of scientific literature, and also materials of judicial practice on criminal cases about incrimination of preparatory actions, allowed to draw a conclusion according to which attraction of the person to responsibility for Commission of the act characterized as preparation for Commission of crime, contradicts the principle of legality and justice. In this regard, it is proposed to change the current criminal legislation, eliminating the rules on the preparation of the Institute of unfinished crime.

Purpose. To give recommendations on improving the legal acts to regulate the relevant legal relations in the field of criminalization of encroachments related to violation of labor protection legislation. Methodology. The study on problematic issues of prosecution for violating the requirements of labor protection legislation was carried out through the study and analysis of: legislative base of Ukraine; works of scientists in relevant fields; analysis of judicial practice (on the example of analysis of judicial practice in cases considered by courts of general jurisdiction of Dnipropetrovsk region and the Supreme Court for the last 15 years) on bringing persons to justice under Parts 1, 2 of Article 271 of the Criminal code of Ukraine Violation of requirements of the legislation on labor protection. Findings. Some problems that arise in the formation of the criminal law practice of prosecuting persons accused of criminal offenses related to violations of labor legislation, which has led to damage to the health of a worker or their death, including inconsistency of criminalization violation of the severity of negative legal consequences for the perpetrators. Originality. The work analyzes the problematic issues of bringing one to justice for violating the requirements of labor protection legislation if this violation has caused harm to the health of the victim or his death. Proposals aimed at amending and improving the current criminal and criminal procedure legislation of Ukraine are substantiated. Practical value. The norms of the responsibility for violation of the legislation on labor protection, judicial practice of the recent years on law enforcement of the corresponding norms are investigated in the work. It is concluded that the current criminal legislation needs to be changed in terms of strengthening the responsibility for the actions provided in Part 2 of Article 271 of the Criminal Code, in the form of increasing the sanction in the form of imprisonment and mandatory application of additional punishment in the form of a ban on holding relevant positions. The results of the study have implications for practicing lawyers, legal advisers and attorneys, lawmakers, and affected workers and their families in the event of the death of a worker.

This article examines the activities of law enforcement and judicial bodies as a component of anti-corruption mechanisms from the standpoint of the regulatory framework for its functionality. This study offers a new perspective on the fight against corruption by analyzing in detail the role of legal foundations in the activities of law enforcement and judicial bodies. The research establishes that the mechanism for preventing corruption is a means of achieving the goal of ensuring a specific result in the field of anti-corruption. This mechanism consists of the following elements: the goal and task of preventing corruption; objects of corruption prevention; actors preventing corruption; methods of preventing corruption. It is determined that the primary scientific interest is the anti-corruption principles on the basis of which this mechanism is established and operates, as well as anti-corruption standards. The main anti-corruption principles in the activities of domestic law enforcement and judicial bodies are considered in detail, the observance of which creates the basis for an effective and fair fight against corruption, contributes to the strengthening of the rule of law and increases the trust of citizens in law enforcement and judicial bodies. Regarding anti-corruption standards, they are established at the global, regional, and national levels. It is concluded that anti-corruption standards at the regional level are developed and implemented to fulfill global obligations enshrined in international conventions and agreements. It is proven that the activities of law enforcement and judicial bodies are a key component of anti-corruption mechanisms.

The purpose of the study is to identify the problems of the effectiveness of the use of such a means of legal technique as fiction in the current criminal legislation and to offer recommendations for its improvement. The article briefly updates the essence and concept of fiction in criminal law, defines the definition of its effectiveness and examines the shortcomings of certain norms of criminal legislation formulated through fiction, namely: Part 4 of Article 18, Part 4 of Article 2041 and Part 4 of Article 2911 of the Criminal Code of the Russian Federation. Conclusions. The conducted research allowed us to formulate the wording of Part 4 of Article 18 of the Criminal Code of the Russian Federation, taking into account the operational situation and trends in combating crime, as well as to prove the redundancy and legal and technical insolvency of Part 4 of Article 2041 and Part 4 of Article 2911 of the Criminal Code of the Russian Federation. The constructed proposals are aimed at increasing the effectiveness of fiction in the current criminal legislation. In addition, there is currently an urgent research need for the formulation of universal rules for the use of fiction, aimed at improving its effectiveness in criminal law.

The article compares the views of Russian scholars on the problem of correlation between administrative and judicial discretion. The authors describe academic approaches to such issues as the scope of discretionary powers belonging to the executive and judicial authorities, types (spheres) of legal activity, within which administrative and judicial discretion, as well as administrative and judicial arbitrariness are implemented. Based on the positions of Russian researchers the authors offer their own vision of the concept of "scope of discretion" - in narrow and broad sense. In the narrow sense, this concept refers to the limits of discretion (boundaries of discretion), and in the broad sense - to the totality of discretionary powers exercised by the subjects of discretion. Thus, in a narrow sense, the term 'discretionary powers' covers qualitative (vertical) parameters of discretion, and in a broad sense, quantitative (horizontal) parameters. Further it is shown that in domestic legal science there are two approaches to the scope of discretionary powers belonging to administrative and judicial authorities. The first approach is that the discretion of executive power bodies has a smaller volume in comparison to that of judicial power bodies. The second is that the discretion of the executive is greater than that of the judiciary. It is argued that a comparison between the scope of discretion vested in the executive and the judiciary based solely on a narrow interpretation of the concept will necessarily pose a problem for the conceptual and categorical apparatus. If a broad interpretation is used, it becomes clear that in qualitative terms judicial discretion is many times greater than administrative discretion and in quantitative terms it is radically inferior. The authors then ask the question: within what types (spheres) of legal activity are administrative and judicial discretion exercised? There are several main answers to this question in Russian legal science. Some researchers believe that administrative and judicial discretion are implemented solely as a law enforcement activity; others believe that administrative discretion is a law enforcement activity, and judicial discretion can be both a law enforcement and law making activity; others believe that judicial discretion, as opposed to administrative discretion, is implemented solely in the process of law enforcement. The authors of this article show that the answer to the question of legal discretion is determined by the problem of the scope of discretion. If we argue that administrative and judicial discretion are equally exercised in law enforcement and/or law-making activities, this means that their scope (in qualitative terms) is identical. Meanwhile, as discussed above, the court should always have greater discretionary "powers" than the administration. Any concept that violates this inequality is therefore wrong. As for the other positions, they may or may not be accurate, but they are not wrong. Then the authors turn to the phenomena of administrative and judicial arbitrariness, reasoning that arbitrariness is to be understood as the act of a person vested with state power, either beyond his discretion or beyond the scope of the legal activity in which that discretion is used. In conclusion the authors emphasise that contemporary domestic studies devoted to comparative legal aspects of such categories as administrative and judicial discretion have certain shortcomings which prevent a full scientific understanding of these categories. The authors declare no conflicts of interests.

In 2004 the United Nations University World Institute for Development Economics Research (UNU-WIDER) embarked on a large-scale research project on the ‘Impact of Globalization on the World’s Poor’ co-directed by Machiko Nissanke and Erik Thorbecke. The first conference was essentially conceptual in nature, meant to understand better the various mechanisms and channels through which globalization affects the poor either directly or indirectly. The other three conferences focused on each of the major regions of the developing world: Asia, Africa and Latin America. Theobjectivesofthisintroductionarethreefold:first,toreviewbrieflyhow the forces of globalization influence poverty in general; second, to describe and discuss the main transmission channels and mechanisms; and third to analyze the impact of globalization on Africa and present an overview of the six Africa case studies included in this issue. 1. The Impact of Globalization on the World’s Poor Globalization provides a strong potential for a major reduction in poverty in the developing world because it creates an environment conducive to fastereconomicgrowthandtransmissionofknowledge. 1 However,structural factors and policies within the world economy and national economies have impeded the full transmission of the benefits of the various channels of globalization for poverty reduction. In particular sub-Saharan Africa (SSA) hasbeenrelativelylessaffectedbytheforcesofglobalizationthanotherparts of the world. World income distribution continues to be very unequal and many poor countries particularly in Africa are stagnating. Moreover, there is much empirical evidence that openness contributes to more within-country

Purpose. The purpose of the work is to study the extension of the principle of retroactivity to law-making and law-enforcement practice to the legal system in Ukrainian legislation. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions. The following methods of scientific knowledge were used during the study: comparative law, logical-grammatical, system-structural, modeling. Results. During the study, it was recognized that in the legislation of Ukraine, in the process of creating and implementing legal norms, general principles of law are applied, which are guided by state authorities and local governments in their activities within the framework of their competence. When adopting new regulatory legal provisions or making changes to existing ones, general principles of law must be applied. The application of the principle of retroactivity of law allows individuals and legal entities to be confident in the legal assessment of their actions not only when they are committed, but also in the future. Scientific novelty. In the process of research, it was scientifically substantiated that the criminal procedural legislation of Ukraine as a whole complies with the Fundamental Law of Ukraine and the practice of the European Court of Human Rights during criminal proceedings when changing the punishment for committing criminal offenses. Practical significance. The results of the study can be used in law-making activities in the further improvement of national criminal procedural, criminal legislation regarding the improvement of the institution of the application of punishment when improving the legislation on punishment for committing criminal offenses, as well as in the educational process during the teaching and study of the academic disciplines “Criminal Procedural Law of Ukraine”, “Criminal Law”, “Law Enforcement Activities”, “Advocacy”, others.

The subject of this article's are scientific studies dedicated to the use of artificial intelligence in various aspects of human life in general, and its application in law enforcement activities in particular. The focus of this study is a comprehensive legal assessment of the potential application of artificial intelligence technologies in law enforcement activities, as well as the identification of legal and organizational issues arising during their implementation and practical application. The importance of the research is determined by the necessity for a thorough and comprehensive analysis of the possibilities for broader integration of artificial intelligence technologies in law enforcement activities. The author analyzes the existing scientific works in the Russian legal reality that explore the potential applications of artificial intelligence within the law enforcement system, highlights several areas of using artificial intelligence in law enforcement agencies, identifies problems arising from the use of modern intellectual technologies, and offers recommendations for overcoming these challenges. The methodology of the research consists of regulatory legal acts of the Russian Federation, as well as the works of Russian scholars. Both general scientific and specialized research methods were employed in the article. The novelty of the research lies in the author's comprehensive approach to the examined issue, the attempt to systematize the existing scientific experience of Russian scholars, and the formulation of recommendations regarding the studied problem. As a result of the research, the author reaches the following conclusions: the study of the use of artificial intelligence in law enforcement activities cannot be fragmented; it must be conducted within a cohesive interdisciplinary approach that allows for the development of a scientifically grounded concept of the functioning of intelligent systems in law enforcement activities; the regulatory framework governing the procedure for the implementation and operation of algorithmic technologies must be characterized by a high degree of legal certainty, internal coherence, and completeness, excluding the possibility of ambiguous interpretation of the conditions and limits of using artificial intelligence in criminal law relations; the digital transformation of the law enforcement system should be proactive rather than reactive; a significant condition for the effective functioning of intelligent technologies is the creation of a reliable infrastructure for data storage, processing, and protection, which includes technical, organizational, and legal mechanisms for ensuring information security, as well as the continuous updating of data sets and the integration of software complexes used.

Objective: Behavioral threat assessment and management (BTAM) is a form of violence risk assessment that has been widely adopted in U.S. public schools. However, there are concerns that the involvement of law enforcement officers in schools on BTAM teams could lead to criminalization of student misbehavior and exacerbate disparities in arrests for students of color and students with disabilities. This study investigated school-based arrests, court charges, and incarcerations for a sample of 18,411 Florida students in 1,646 schools who received a threat assessment using the Comprehensive School Threat Assessment Guidelines. Hypotheses: Consistent with prior studies, we hypothesized that law enforcement actions would have a low prevalence and there would be no disparities associated with race/ethnicity, family income, or disability status. Method: A series of Bayesian multilevel logistic regression models was estimated to evaluate whether law enforcement actions (arrest, charge, incarceration) varied by school-level characteristics and student-level regressors (demographics and threat classification). Results: Approximately 1% of students received a law enforcement action. Law enforcement actions were associated most strongly with student grade and seriousness of their threat. There was evidence of equitable law enforcement actions for student characteristics of race/ethnicity, family income, and disability status. Conclusion: These results are consistent with prior studies in smaller samples of Virginia schools. This study contributes to the policy debate over the role of law enforcement officers in schools by showing that schools using threat assessment teams with officers did not generate high rates of law enforcement actions or inequitable outcomes often observed for disadvantaged student groups. (PsycInfo Database Record (c) 2025 APA, all rights reserved).

The article is devoted to improving the concepts of activities related to ensuring national security and the concept of law enforcement activities, in particular, by establishing the parameters of the relationship between them. The content of the concepts of national security, activities to ensure national security, and law enforcement activities have been analyzed and revealed. It is justified that in the conditions of Russia’s armed aggression against Ukraine, the external function of ensuring the territorial integrity and state sovereignty of Ukraine, as well as the internal function of ensuring law and order and countering crime, should be considered as a complex task and direction of the state and civil society. It has been proven that the concept of activity in the sphere of ensuring national security and the concept of law enforcement are related to each other as a whole and its part. It is proposed to consider the law enforcement activity implemented under modern conditions in Ukraine as a component and a separate direction of a broader concept of state activity to ensure national security. It is substantiated that law enforcement activities and activities related to ensuring national security have a common social nature. In particular: they are a necessary element of social development and a way of implementing the protective function of the state; is a social phenomenon implemented in society and with the help of society; serve to satisfy certain needs that are close in content and important for the life of society. It has been proven that law enforcement activities, as well as activities related to ensuring national security, are types of state activity, a form of implementation of its functions. They are carried out on behalf of the state; are implemented by a group of entities designated by the state, endowed with special powers; are conducted on the basis and within the limits of material and procedural norms and principles developed by the state. It has been established that law enforcement activities and activities related to ensuring national security have a number of similar essential features, such as: implementation on behalf of the state, by a defined circle of subjects, within the limits of a certain procedure; implementation in certain areas related to the tasks and functions of the subjects; implementation using special means and methods. It has also been proven that the specified types of activities are characterized by the sameness of the elements of the structure, such as object, subject, content, directions of implementation. It has been proven that the main tasks that are objectified in the content of law enforcement activities, as well as activities related to ensuring national security, are: a) protection and protection of the rights and legitimate interests of a person and a citizen; b) protection of the sovereignty and territorial integrity of Ukraine; с) protection and protection of law and order, public order, interests of society and the state from illegal encroachments; d) protection of the social order of the state established by the Constitution of Ukraine. It is substantiated that law enforcement activities and activities related to ensuring national security are close, but not identical in meaning, concepts that have a number of distinctive features. The most significant differences are related to the specifics of the goal, the scope and scope of implementation, the specifics of tasks within the areas of implementation, methods and methods of implementation.

The article investigates the main features of state service in the law enforcement sphere and the place of state service in administrative and legal regulation mechanism. The goals of the work are as follows: to consider state service in the law enforcement sphere as a single legal category, to reveal its essence and characteristic features as a social system, to provide a scientific classification of its constituent elements and disclose their administrative and legal content. We highlight the following main functional features of those state bodies the service in which can be called law enforcement activity: state and power-based nature of activity, exercising executive and administrative powers, special functional and target purpose, application of special measures of legal influence based on the use of persuasion and coercion methods, and a special legal status. We conclude that practical solution to the question of classifying state service in a particular state body as law enforcement activity may be found through legislative definition of the concept of law enforcement activity of the state, law enforcement functions of state authorities, and the system of state authorities exercising law enforcement functions. Key words: state service, administrative and legal regulation, law enforcement activity, law enforcement functions, legal enforcement.

The article explores the problem of defining the concept of security of convicted persons. The author analyzed the current normative legal acts, in particular, the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Enforcement Code of Ukraine, the Laws of Ukraine “On Pre-trial Detention”, “On Ensuring the Safety of Persons Participating in Criminal Procedure” and departmental by-laws - legal acts. The article presents the opinions of domestic scientists of penitentiary orientation regarding the content of the concept of security convicted persons in the custodial settings in the science of criminal enforcement law and the current legislation. The article identifies six forms of ensuring the right of convicts to personal security: determination by the administration of the criminal correctional facilities the criterion of personal security of convicts; legal regulation of the personal security of prisoners; the authorities using risk-management measures; further resolving the issue of the place of serving the convicted person; ensuring the safety of convicts in connection with their involvement in criminal proceedings. The author conducted a historical analysis of the formation and development of security issues of convicts in the normative acts of the Ukrainian Soviet Socialist Republic and independent Ukraine. The author argues that there are many reasons for the threats to the personal safety of prisoners in criminal correctional facilities. The article defines the concept of security convicted persons in the custodial settings - it is regulated by the current legislation and is provided by the staff of the bodies and criminal correctional facilities the protection of the rights and freedoms and legitimate interests of the prisoners while serving their sentences.

Factor mobility, trade and welfare: A North-South analysis with economies of scale

Introduction. At all times, secrecy has been associated exclusively with secrecy and criminal (political) investigation as the forefather of operational investigative activities. At the end of the XX – beginning of the XXI centuries, there appeared hypotheses about the attitude of secrecy not only to conspiracy and operational investigative activities, but also to other branches of law and areas of social life. The scientific and legal community discussed the problem more and more often within their community. The relevance of this study is due to the conflict of modern scientific views of the legal community on the sociolegal phenomenon of secrecy and the polemic of its attribution only and exclusively to the field of operational investigative activities. Having analyzed modern law enforcement practice and current legislation in various spheres of life, the author puts forward and substantiates the thesis about the interdisciplinary nature of the institute of secrecy. Methods. Methodology: the study used general scientific dialectical, comparative legal, formal logical methods and the method of content analysis. The study made it possible to identify facts and evidence of the existence and functioning of the institution of secrecy in social spheres unrelated to the ORDO and law enforcement in general. Results. Based on the results of his own research and the results of numerous previous scientific studies of other lawyers, the author comes to the conclusion that the socio-legal phenomenon of secrecy is objectively characteristic of many spheres of society’s activities in addition to its purely operational-investigative and law enforcement activity, which proves its interdisciplinary nature.

The authors of the article outline the legal foundations and prospects for the development of law enforcement agencies, taking into account the state-legal reform in Ukraine. In particular, the concept of state regulation of the system of professional training and retraining of police personnel is considered, taking into account the national component of the countries of the European Union. The position of strict compliance with the requirements of domestic legislation and international legal treaties ratified by the Verkhovna Rada of Ukraine, the agreed course on the reconstruction and reconstruction of Ukraine into a democratic legal state of the European Union is substantiated. The possibility of involving the public in law enforcement activities is considered and analyzed. The public's own (author's) vision of forms of public participation in the detection and prevention of crimes is presented for consideration and discussion. In the scientific study, the authors highlight the issue of attracting representatives of national minorities to the ranks of the police for the purpose of reforming and improving its law enforcement activities and strengthening public trust. The article substantiates the need for effective cooperation of employees and heads of the state apparatus of all branches and branches for the purpose of qualitative and objective implementation of the basic principles of the Constitution of Ukraine. The main directions of scientific research have become the countries of the European Union and highly developed countries of the world. It was determined that the need to establish communication with law enforcement agencies of foreign countries is becoming important. The application of the experience of the countries of the European Union is possible in terms of creating specialized law enforcement agencies, expanding the range of powers of the National Police of Ukraine, using the latest resources, and establishing cooperation with foreign partners regarding the training and retraining of law enforcement agencies of Ukraine and European countries. Taking into account the conducted theoretical analysis of the state regulation of the system of professional training and retraining of police personnel in the democratic states of Europe, the vector directions for the construction of a legal Ukraine have been established. The significance and assessment of these legal positions in the system of public administration and law as a whole is revealed. Conclusions were made and recommendations were made regarding the coordinated application of the norms of the current legislation in the practical activities of the head and employees of law enforcement departments. Attention was drawn to the need for further scientific cooperation of scientists, specialists in the field of public administration and law.