Ars æqui

Smuggling of drugs, psychotropic substances, their analogues or precursors or counterfeit medicines

Olena I. Yushchyk — 2025-07-21

The distribution of narcotic drugs, psychotropic substances, their analogues or precursors or counterfeit medicines as a form of criminal activity is not limited to the territory of one state. In order to commit such acts, individuals are constantly looking for new territories to move such funds. Unfortunately, Ukraine has faced many problems with military operations, socio-economic hardships and the growth of crime, including the illegal movement of drugs and other substances across the border. This phenomenon's negative impact is manifested in drug distribution among a wide range of society members, posing a threat to public health, capacity development, and the nation's wellbeing. Therefore, it is necessary to develop effective ways to identify such criminal offences and take measures to counteract them.

Subjects that ensure the protection of the rights of persons who have disappeared under special circumstances

Valerii Kolpakov — 2025-07-21

The competence of subjects that ensure the protection of the rights of persons who disappeared during the war in Ukraine is being investigated. Ukrainian legislation distinguishes two types of such subjects: a) holders of power; b) representatives of civil society. It is noted that among the holders of power, the leading place belongs to state structures. The legislation refers to them: the National Police of Ukraine; Ministry of Defence Ukraine; Ministry of Reintegration of the Temporarily Occupied Territories of Ukraine; State Service of Ukraine for Emergency Situations; Security Service of Ukraine; prosecutor's office and others. The role of specialized entities is emphasized: 1) Commissioner for issues of persons missing under special circumstances; 2) Unified register of persons who have disappeared under special circumstances. Special attention is focused on the activities of the Commissioner for the Issues of Persons Disappeared Under Special Circumstances. It is noted that he performs the following functions: coordination of the search for persons who have gone missing under special circumstances; information support for their search; analysis of the effectiveness of the search system; preparation of recommendations and proposals for subjects of investigation; functions of a control and supervisory nature; forms search groups to search for missing persons. The competence of the authorized person regarding the search for missing persons is considered separately. Its tasks to ensure the work of search groups are highlighted. It is emphasized that the activities of the search groups are aimed at: a) the search for persons who have gone missing under special circumstances, b) their remains, c) the search and recording of burial places of such persons, d) the recovery of the bodies (remains) of deceased (deceased) persons, e) removal of their remains, f) carrying out search operations in areas where security and defense measures are taking place, g) in temporarily occupied territories of Ukraine. The role of the Unified Register of Persons Disappeared Under Special Circumstances is analyzed. Its main functions are singled out: the first is the accumulation and centralization of information about such persons; the second is the recording of information necessary for their effective search. Measures are proposed to improve the work of the Unified Register, the Commissioner for Missing Persons, as well as the interaction of state bodies and the public in the field of ensuring the protection of the rights of persons who have gone missing under special circumstances.

Legal characteristics of release from serving a sentence due to the decision of the authorized body to transfer a convict for exchange as a prisoner of war

Pavlo Krainii — 2025-07-21

The article under studies deals with the issue of releasing a convict from serving a sentence due the decision of the authorized body to transfer this convict for exchange as a prisoner of war. It regards the mechanism of applying this type of release from criminal liability, envisaged by the Criminal Code of Ukraine (hereinafter – CC of Ukraine). Particular emphasis has been laid on the emerging need to implement such a mechanism in terms of the russian-Ukrainian war in order to ensure the return of all Ukrainian prisoners of war held by the russian federation by transferring russian prisoners of war held in Ukraine who have received the status of convicts. The article also points out that the legal basis for the application of this type of release from serving a sentence is the amendments made to the Criminal Code of Ukraine, as well as the possibility of its implementation on the basis of a number of regulations in the field of international humanitarian law and domestic legal acts. The latter regulate the legal status of prisoners of war against whom domestic courts have passed guilty verdicts. The authors highlight the key differences between the studied way of exchanging the convicted prisoners of war and the use of pardons, which has been actively used since the beginning of the war in Ukraine in 2014.

Application of the general principles of law by the International Military Tribunal and the International Military Tribunal for the Far East

Maryna Ilika — 2025-07-21

The article analyzes the practice of the International Military Tribunal and gives examples of the application of three general principles of law, namely „there is no crime and punishment without law” (lat. Nullum crimen, nulla poena sine lege), „there is no criminal responsibility without moral choice” and the principle of „personal guilt” (personal culpability). The content of the general principle of law „there is no crime and no punishment without law”, as criminalized by the IMT, is that it is impossible to judge Nazi criminals for committing the crime of aggressive war. The application of the „no punishment without guilt” principle is carried out to establish the facts of personal responsibility. But the last general principle of law, „there is no criminal responsibility without moral choice”, is that a person who followed the orders or instructions of a commander should be held criminally responsible if he/she had a choice to act otherwise in that case. The article emphasizes that both bodies, the International Military Tribunal and the International Military Tribunal for the Far East, were created already after the commission of crimes and for their prosecution, as well as the legal grounds for their activity, material as well as procedural, were developed. Accordingly, a number of conflicts arose because of this, including those related to the retroactive effect of the law. Therefore, the effective resolution of these conflicts took place through the interpretation of general principles of law when making decisions in the practice of these bodies. It is concluded that the activities of the International Military Tribunal and the International Military Tribunal for the Far East are highly appreciated in the science of international law, which was the beginning of the international criminal law formation as a special branch of international law.

Forms of legal liability for medical malpractice

Gabriel Mihai — 2023-12-21

Medical malpractice represents the professional error committed by medical or pharmaceutical personnel during the practice of medical or pharmaceutical acts, leading to harm of the patient. It is an unlawful act committed with guilt, through action or inaction, negligence, imprudence, or ignorance. Violation of legal provisions regarding medical assistance may result in material, administrative, civil, or criminal liability, as applicable for those responsible.