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IJSC

Compliance of the Criminal Legislation of Ukraine with the UN Protocol on Firearms - Pages 1608-1621

Mykola I. Khavroniuk, Ivan V. Krasnytskyi and Nataliya R. Lashchuk

DOI: https://doi.org/10.6000/1929-4409.2020.09.184

Published: 07 December 2020


Abstract: Problems with regulating the trafficking of weapons and ammunition emerged in Ukraine after the collapse of the Soviet Union. The Soviet military left behind a large number of small arms, light weapons and ammunition, much of which did not have proper (in some cases any whatsoever) inventory control and accounting. The purpose of the study is to find the best models of criminal liability for illicit manufacturing and trafficking of firearms in Ukraine, its parts and components and ammunition, taking into account international experience. The study investigates the issue of compliance of the criminal legislation of Ukraine with the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organised Crime, and proposes for harmonisation of national legislation with this Protocol. It is concluded that Ukraine needs to adopt the Law "On Arms Trafficking", which, among other things, must clearly define such concepts as "firearms", "parts and components", "ammunition", "illicit manufacturing", "illicit trafficking", etc. which would also be relevant for the criminal legislation of Ukraine.

Keywords: Ammunition, illicit manufacturing, crime, legal framework, organised group.

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IJSC

The Economic Foundations of the Rule of Law in the Russian Federation - Pages 1622-1625

Ivan N. Kuksin, Ruslan M. Allalyev, Valery I. Lipunov and Ilya V. Tyurin

DOI: https://doi.org/10.6000/1929-4409.2020.09.185

Published: 07 December 2020


Abstract: This study, based on the economic and legal metrics of the Russian Federation, considers the possibility of implementing the concept of the rule of law in the modern world. The study emphasises the issue of the rule of law in any country being directly related to the problem of redistribution of public goods. In many ways, this can be considered an example of how economic stability ensures legal stability. The research methodology includes a dialectical method, which allowed to ensure compliance with the principles of scientific knowledge. The study shows the dynamics of ensuring human rights, the distribution of income and expenses in society over different periods in the history of the Russian Federation. In this regard, the authors come to the conclusion that the perception and functions of the concept of the rule of law will soon deviate from classical liberal values towards the basic ideas of social equality and justice.

Keywords: Legal equality, state power, income distribution, economic analysis of law, economic interests.

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IJSC

Some Directions of using the Forensic Odorology in the Field of the Fixing Evidences in the Pre-Trial Proceedings in Ukraine - Pages 1626-1630

Volodymyr O. Zarosylo, Tykhon S. Yarovoi, Volodymyr L. Grokholskyi, Victor O. Timashov and Rostislav K. Padalka

DOI: https://doi.org/10.6000/1929-4409.2020.09.186

Published: 07 December 2020


Abstract: All over the world, the issue of detecting crimes committed is the main task of the state and its law enforcement agencies. The detection of crimes and the prosecution of those who committed them are in most cases based on evidence gathered by law enforcement officers. The issue of evidence is also quite debatable, because the legislation of different countries perceives different aspects of evidence and the evidence itself. The article covers the issue of individual issues related to obtaining evidence with the help of specially trained dogs. These forms and methods were used by Ukrainian law enforcement officials during their stay in the international peacekeeping mission in Kosovo. Currently, some evidence-gathering issues can be used in the process of investigating and prosecuting criminals with trained dogs. However, this area is not widely used, as there are a number of both practical and regulatory, as well as legislative problems. This direction in the activities of the police and other law enforcement agencies is called forensic odorology. The issue of using dogs in the process of detecting and investigating crimes is quite controversial and they are used differently in different countries.

Keywords: Сriminal procedure, crime, service dogs, cynological, application of service dogs.

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IJSC

Continuous Ex-Offenders’ Reformation and Avoidance of Recidivistic Acts in Nigeria - Pages 1631-1637

A. Achu Ayuk, Okorie Chimaobi, T.A. Omang and E. Emeka Nwankwo

DOI: https://doi.org/10.6000/1929-4409.2020.09.187

Published: 14 December 2020


Abstract: This paper arose from very serious concern emanating from the skyrocketed cases of recidivistic occurrences in Nigeria which as observed impact negatively on the Nigerian prison reformatory and rehabilitation processes vis-à-vis the security of lives and property. It is common now in Nigeria that our prison population keeps increasing without the corresponding facilities, manpower, and resources to effectively and efficiently reform inmates that after release would be better law-abiding and self-sustaining. From the study, it was revealed that ex-offenders become more hardened and daring, and prefer to habituate the prison environment to outside society. The lack and absence of training tools like mechanic workshops, tailoring shops, and more saddening the cruelty meted out on them inside the prison makes it worse; the stigmatization and outright denial of job opportunities as compared to their counterparts who are not ex-offenders are offensive to them. The study recommends as follows: Government should equip all correctional facilities in Nigeria with the approved international standards that through it inmates, after release, can be meaningfully engaged and be relatively self-sustaining; The government through its agencies like National Orientation Agency, federal radio, and television in conjunction with the religious bodies, sensitize the public on the danger of stigmatizing ex-convicts because it has far-reaching consequences; With the help of social workers, there should be follow-up and an evaluative scheme that requires an ex-offender constantly be monitored to prevent reoffending; and Schools should be established in the prisons and properly funded by the government to help to functionally educate and reshape the minds of the inmates so that upon release they will be better citizens.

Keywords: Prison, Recidivism, Ex-offender, Reformation, Ex-convict, Inmates.

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