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All Journal Jurnal Cita Hukum
Volodymyr Bondar
PhD, Professor, Head of the Department of Criminal Procedure and Forensics of Educational and scientific humanitarian institute of the National Academy of the Security Service of Ukraine, Ukraine
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Use of special knowledge in the investigation of crimes in the field of credit Volodymyr Bondar; Anton Korshun; Tetiana Chashnytska; Maryna Bochkarova; Yevhen Priakhin; Andrii Nahornyi
Jurnal Cita Hukum Vol 12, No 2 (2024): In Press
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i2.40531

Abstract

On the basis of the results of the analysis of judicial and expert practice, as well as scientific sources, a study of the problematic aspects of the involvement of a specialist in the conduct of individual investigative (search) actions, the appointment and conduct of expert studies in the investigation of crimes in the field of lending was carried out. It has been established that the existence of schemes of criminal activity is typical for the technology of criminal enrichment through credit and financial transactions, which include: appropriation of bank credit resources, fraudulent obtaining of credit, fraud with financial resources. It was emphasized that the clarification of certain circumstances in the mentioned criminal proceedings is impossible without the use of special knowledge, primarily related to making changes to the relevant official documents. Typical investigative (search) actions are highlighted, in which it is necessary to actively use the help of a specialist, as well as the main areas of application of special knowledge by the parties to criminal proceedings, in particular, the investigator and the defense attorney. The importance of forensic examination (technical examination of documents, handwriting examination, complex forensic dactyloscopy, handwriting and technical examination of documents) is indicated as one of the main means of obtaining evidence during the investigation of criminal offenses in the field of lending. Particular attention is focused on determining the purpose, subject and tasks of technical examination of documents in the investigation of criminal offenses of this category.
Practice of the European Court of Human Rights as a Factor in the Development of Private Law Andrii Petrovskyi; Larysa Neskorodzhena; Vitalii Kucher; Iryna Borovska; Volodymyr Bondar
Jurnal Cita Hukum Vol. 13 No. 3 (2025): Winter Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i3.46853

Abstract

The article examines the case law of the European Court of Human Rights (hereinafter referred to as the ECHR) as an important factor in the development of private law in the national legal systems of the member states of the Council of Europe. Particular attention is paid to the analysis of the decisions of the ECHR, which have a systemic impact on the improvement of legal mechanisms for the protection of rights in the field of private law relations. The expediency of using the construction “case law of the European Court of Human Rights”, which has already been implemented in legislation of Ukraine (Civil Procedure Code, Commercial Procedure Code, Code of Administrative Procedure, Law of Ukraine “On the Execution of Decisions and Application of the Practice of the European Court of Human Rights”) is substantiated, which emphasizes the normative legitimacy of such an approach. Changing the focus from “civil law” to the broader concept of “private law” allows expanding specialization, also covering aspects of economic, family and other related areas. The paper highlights the key areas of influence of the ECHR practice on law enforcement in matters of property rights protection, access to justice, fair trial and effective enforcement of court decisions. It also examines the problems of implementing ECHR decisions into the legal practice of Ukraine, conflicts between national and international law, as well as the role of the Court in forming a balance between public and private interests. In conclusion, the importance of the ECHR practice as a factor in the evolution of the doctrine of private law and the unification of European standards of human rights protection is emphasized.
Co-Authors Andrii Nahornyi Andrii Petrovskyi Anton Korshun Iryna Borovska Larysa Neskorodzhena Maryna Bochkarova Tetiana Chashnytska Vitalii Kucher Yevhen Priakhin