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  • 1
    Online Resource
    Online Resource
    CRIMINAL LEGAL PROTECTION OF LANDS ON WHICH THE OBJECTS OF IMMOVABLE CULTURAL HERITAGE ARE LOCATED: ANALYSIS OF CERTAIN LEGISLATIVE INITIATIVES
    Donetsk State University of Internal Affairs ; 2021
    In:  Law Journal of Donbass Vol. 75, No. 2 ( 2021), p. 60-66
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 75, No. 2 ( 2021), p. 60-66
    Abstract: 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.
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: КРИМІНАЛЬНО-ПРАВОВА ОХОРОНА ЗЕМЕЛЬ, НА ЯКИХ ЗНАХОДЯТЬСЯ ОБ’ЄКТИ НЕРУХОМОЇ КУЛЬТУРНОЇ СПАДЩИНИ: АНАЛІЗ ОКРЕМИХ ЗАКОНОДАВЧИХ ІНІЦІАТИВ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2021-75-2
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2021-75-2-60-66
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2021
    Location Call Number Limitation Availability
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  • 2
    Online Resource
    Online Resource
    CONCERNING THE COMPLIANCE OF THE LEGISLATION OF UKRAINE ON CRIMINAL LIABILITY IN THE SPHERE OF ILLEGAL DRUG TRAFFICKING WITH INTERNATIONAL REGULATORY LEGAL ACTS
    Donetsk State University of Internal Affairs ; 2020
    In:  Law Journal of Donbass Vol. 73, No. 4 ( 2020), p. 95-102
    Details
    In: Law Journal of Donbass, Donetsk State University of Internal Affairs, Vol. 73, No. 4 ( 2020), p. 95-102
    Abstract: 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.
    Type of Medium: Online Resource
    ISSN: 2523-4269
    Uniform Title: ЩОДО ВІДПОВІДНОСТІ ЗАКОНОДАВСТВА УКРАЇНИ ПРО КРИМІНАЛЬНУ ВІДПОВІДАЛЬНІСТЬ У СФЕРІ НЕЗАКОННОГО ОБІГУ НАРКОТИКІВ МІЖНАРОДНИМ НОРМАТИВНО-ПРАВОВИМ АКТАМ
    URL: Issue
    URL: Journal
    URL: Article
    DOI: 10.32366/2523-4269-2020-73-4
    DOI: 10.32366/2523-4269
    DOI: 10.32366/2523-4269-2020-73-4-95-102
    Language: Unknown
    Publisher: Donetsk State University of Internal Affairs
    Publication Date: 2020
    Location Call Number Limitation Availability
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    Online Resource
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