Recent titles in law for the subject specialist: Criminal law, procedure, and criminology

1990 ◽  
Vol 18 (6) ◽  
pp. 562-563
Keyword(s):  
Criminal Law ◽  
The Subject ◽  
Subject Specialist

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

Colonial Criminal Law and Other Modernities

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Legal History ◽  
Historical Study ◽  
The Subject ◽  
Nineteenth And Twentieth Centuries ◽  
Traditional Approaches ◽  
European Criminal Law

This chapter reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth centuries. It examines several ways of naming and framing the subject matter, along with ways of ‘covering’ it along a set of by now fairly well-established narrative paths that generally reflect a quietly reassuring Whiggishness. It then lays out an alternative, two-track, conception of ‘modern’ European criminal legal history. It does this by taking an upside-down—or outside-in—view of the subject, by focusing on an understudied, but fascinating, project of European criminal law: the invention, implementation, and evolution of colonial criminal law.

scholarly journals Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research)

2020 ◽  
pp. 46-61
Author(s):  
Elena Yurishina
Keyword(s):  
Criminal Law ◽  
Judicial Discretion ◽  
Legal Research ◽  
Russian Science ◽  
Original Definition ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
Criminal Legislation ◽  
Spanish Legislation

  This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals Personality Disoder and Their Judicial- Psychiatric-estimation of the Russian Federation

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
S. Vasyukov ◽  
A. Baeva
Keyword(s):  
Personality Disorder ◽  
Mental Disorders ◽  
Personality Disorders ◽  
Criminal Law ◽  
Criminal Liability ◽  
Icd 10 ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Diminished Responsibility

In modern Russian criminal law means diminished responsibility, that the subject is not capable to regulate meaningly legally significant behaviour at the moment of socially dangerous act. Such disability comes at presence if the subject has the chronic or time mental disorder, an aphrenia or other disease state of mentality. The specified clinical phenomena define medical criterion of diminished responsibility. Special interest represents disorders which in ICD- 10 concern to «Personality Disorders» (F60-F68). Here mental disorders which have no so-called remedial basis are meant, or in their structure it is impossible to note signs of weakening process. At the same time they not only qualitatively differ from the accepted norm, but also under known conditions possess that depth or expression that can be regarded as medical criterion of the formula of diminished responsibility. The research which has been spent in the Department of psychogenias and personality disorders of Institute of Serbsky included 80 men at the age from 20 till 45 years by which the diagnosis «Personality disorder» was established. It has shown that there can be 3 variants of influence on responsibility: they can cause full loss of liability; can essentially reduce the criminal liability; their presence can be neutral and not render influences on liability. The analysis of expert judgements shows, that in expert judgements about disability of the subject to regulate the behaviour meaningly it is necessary to estimate components both medical, and psychological criteria of diminished responsibility.

From the bureau of forced labor to the criminal-executive inspections

2019 ◽  
pp. 149-156
Author(s):  
Ольга Васильевна Коростылёва
Keyword(s):  
Criminal Law ◽  
Electronic Monitoring ◽  
Criminal Liability ◽  
100Th Anniversary ◽  
October Revolution ◽  
Forced Labor ◽  
History Of ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Character

В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

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