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All Journal Jurnal Ilmiah Hukum LEGALITY Khazanah Hukum
Sobko, Ganna
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Characteristics of punishment for property embezzlement and appropriation by military personnel through abuse of office Sobko, Ganna; Chenshova, Natalia; Viunyk, Maksym; Duiunova, Tetiana; Palii, Evgenia
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 1 (2023): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i1.25933

Abstract

The article is focused on the analysis of legislative regulation of sentencing and exemption from punishment of persons who have committed criminal offenses connected with the appropriation and embezzlement of military property by military personnel through the abuse of official position. The variability of responsibility for the appropriation and embezzlement of military property was analyzed, beginning with the Criminal Code of 1960, the effective Criminal Code of 2001, and the draft of new criminal legislation on this criminal offense. This study employed a comparative legal analysis of responsibility according to administrative and criminal legislation, defines the level of punishment for the committed offenses, and presents. The author’s classification of disciplinary, administrative, and criminal responsibility. Criminal offenses related to corruption were also analyzed and the restrictions that cannot be applied to persons who have committed corruption offenses were investigated. This study also proposes a list of corrupt criminal offenses, explores possibilities for mitigating criminal liability for persons who have committed corruption criminal offenses that would not exceed the ban on mitigating criminal responsibility for corruption offenses, and considers the possibility of imposing additional types of punishment to persons who have committed criminal offenses in the area of the appropriation and embezzlement of military property. Statistical data on administrative and criminal proceedings on this issue were analyzed.
Reforming Ukraine's Pre-Trial Custody Measures: An International Law Perspective Sobko, Ganna; Svintsytskyi, Andrii; Pushkar, Oleh; Butynskyi, Volodymyr; Shvets, Yuliya
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.37796

Abstract

This study examines how Ukraine's pre-trial custody measures can align with European Union standards, with a particular focus on addressing drug trafficking cases. By analysing theoretical, legislative, and practical aspects of pre-trial custody in serious and extremely serious drug-related crimes, the article identifies gaps in the Criminal Procedure Code of Ukraine and proposes specific reforms. The research emphasizes the international law perspective, referencing EU legal frameworks such as the European Convention on Human Rights and United Nations guidelines on pre-trial detention. Through an analysis of patterns in applying preventive measures and their impact on human rights, the study highlights the need for reforms that balance public safety and individual freedoms. Proposed reforms, including clearer criteria for applying custody, stricter regulations on alternative measures, and enhanced procedural safeguards, aim to ensure compliance with EU human rights standards while maintaining public safety. These changes are expected to improve procedural fairness, reduce arbitrariness in detention practices, and foster greater trust in Ukraine's judicial system. By addressing these issues, the reforms not only strengthen the rule of law domestically but also accelerate Ukraine’s integration into the European legal and governance framework.
Co-Authors Butynskyi, Volodymyr Chenshova, Natalia Duiunova, Tetiana Palii, Evgenia Pushkar, Oleh Shvets, Yuliya Svintsytskyi, Andrii Viunyk, Maksym