scholarly journals Legal activity of an individual in criminal law and environmental policy

2019 ◽  
Vol 91 ◽  
pp. 08070
Author(s):  
Alexey Sumachev ◽  
Sergey Kvach ◽  
Dmitriy Dyadkin ◽  
Olga Arkhipova

Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in criminal law and explores its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach, dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach, dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology, we can speak of dispositivity in the Russian criminal law, since there are no “pure” or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also analyzes the ratio of the legal activity of an individual (“disposition”) in criminal law and the development of society, using the example of a city. It is stated that the higher the legal activity of a person stipulated by law, the more secure is the position of a person in society.

2021 ◽  
Vol 244 ◽  
pp. 12018
Author(s):  
Alexei Sumachev ◽  
Stanislav Rosenko ◽  
Dmitry Dyadkin

Criminal law is traditionally viewed as a branch of public law. Until recently, the category of “dispositivity” in the Russian theory of criminal law had not even been considered. However, it is argued that the development and reflection of dispositivity fundamentals in the criminal law shows the level of protection of law-abiding citizens and also serves as an indicator of activity of legal subjects in the field of criminal justice. The article attempts to define the concept of dispositivity in Criminal law, and explore its theoretical and applied aspects through conceptual (political and legal) and instrumental approaches. As a part of the conceptual (political and legal) approach dispositivity is treated as the common grounds of the field of legal regulation. As a part of the instrumental approach dispositivity is regarded as a method of legal regulation, property legal norms, as well as the mode of legal regulation. From the point of legal methodology we can speak of dispositivity in the Russian criminal law, since there are no «pure» or distinct fields of private or public law. Simultaneously with the imperative method of legal regulation, there may be the legal grounds for the dispositive legal regulation, and vice versa. The article also examines such manifestations of dispositivity in the Russian criminal law as self-defense, detention of the offender, a reasonable risk, reconciliation, prosecution at the request of a commercial organization or with its consent, the consent of a person to commit action which can present a risk of HIV infection, the consent of the victim to enter into marriage with the defendant.


Legal Concept ◽  
2021 ◽  
pp. 73-78
Author(s):  
Evgeny Terekhov ◽  

Introduction: a legal interpretation activity is an independent type of legal activity. Despite this, its system today is rather poorly studied, which leads to the contradictions in the formation of interpretative practice. One of the elements of the system of legal interpretation activity is interpretative norms, which in legal science have not been distinguished as an independent legal category and have not been comprehensively studied. Purpose: to establish the truth in the issue of distinguishing interpretative norms as an independent legal category. Methods: the methodological framework for the study is a set of methods of scientific knowledge, including consistency, analysis, comparative legal, formal legal. Results: the author’s position grounded in the work is based on the study of the term “interpretative norms”, as well as their comparative analysis with the norms of law to identify the common and individual features. Conclusions: as a result of the conducted research, it is established that interpretative norms should be considered in the legal science as an independent legal category. This is confirmed by the possibility of distinguishing one’s own concept, as well as the presence of an individual legal nature. The current system of Russian law is an interdependent tandem of legal norms and interpretative norms, which interact with each other, allowing the most optimal way to achieve the goals of the legal regulation.


2021 ◽  
Vol 108 ◽  
pp. 02005
Author(s):  
Aleksander Nikolayevich Varygin ◽  
Irina Alekseyevna Efremova ◽  
Vladimir Gennadyevich Gromov ◽  
Pavel Anatolyevich Matushkin ◽  
Anastasiya Mikhaylovna Shuvalova

A prerequisite for this research is a high public hazard of violent crimes committed against persons executing justice or preliminary investigation since this shakes the foundation of justice and buttress of state power in general. This suggests the need to research the prevention of such crimes using criminal legal methods. The primary goal of the research lies in the analysis of the modern condition and development of relevant proposals to improve the current criminal law of the Russian Federation in terms of regulation of criminal liability for the discussed criminal offenses, which will have a positive effect on their prevention. Research methods: dialectical method of cognition, as well general scientific (analysis and synthesis, induction and deduction, logical, systemic-structural methods) and particular methods of cognition (scientifically statistical, formally legal). The novelty is related to an integrated approach to research the problem of prevention of the discussed offenses and proposals developed on this basis to improve the Russian Federation criminal law, which will increase efficiency in the prevention of these offenses. Results: efficiency of preventing such offenses greatly depends on clear legal regulation of legal norms suggesting criminal liability for committing them. There is a pressing need to complement the Criminal Code of the Russian Federation with new wordings of these elements of crimes and changes that would allow formulating a definitive norm clearly defining the scope of persons affected and adopting a Plenum Decree at this stage for this category of criminal cases, which would clarify the implementation of evaluative categories of the discussed elements of crimes.


2021 ◽  
Vol 31 (4) ◽  
pp. 7-24
Author(s):  
Sławomir Fundowicz

In Poland, the Act of April 21, 2017 on Combating Doping in Sport is in force. The new law raises new questions. One of the questions is whether, the combating doping in sport belongs to private law or public law. The dualistic division of law itself is problematic. The legal regulation of doping has undergone a process similar to criminal law, i.e. from private law to public law. A breakthrough in combating doping was the establishment of the World Anti-Doping Agency (WADA) in 1999.The new Polish act followed this path. The Act on Combating Doping in Sport provided the legal basis for the existence of the Polish Anti-Doping Agency (POLADA), as a state legal entity. POLADA is therefore a body governed by public law, which establishes anti-doping rules, controls and oversees compliance, authorises the use of prohibited substances or methods, and conducts disciplinary action for violation of anti-doping rules.


Author(s):  
ANNA SEREBRENNIKOVA ◽  

The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.


2021 ◽  
Vol 5 (3) ◽  
pp. 5-19
Author(s):  
M. A. Kozhevina

The subject of the research is the constitutional and legal norms of Article 67.1 of the Russian Constitution. These legal norms are legal means of realizing the subjective right to possess objectively verified knowledge about the past of the state and society and providing guarantees in obtaining such knowledge.The purpose of article is to confirm or disprove hypothesis that some historical facts have the potential of legalization and may be involved in the process of legal impact on public relations.The methodology. A systematic approach was used in combination with historical and logical methods of cognition. It made it possible to study the theoretical, factual and legal grounds for the implementation of Article 67.1 of the Russian Constitution. The formal legal method was also used. It determined the vector of analysis of the legal source and the internal structure of the legal norms of Article 67.1, as well as the legal and technical features of their implementation and enforcement.The main results, scope of application. The article stipulates a set of theoretical, factual and legal grounds for the implementation of Article 67.1 of the Russian Constitution. It is shown that the synthesis of scientific knowledge and historical memory, the object of which is the past of a person, society and the state, lies at the basis of legal practice. Such synthesis conttains the potential for the effective implementation of the subjective right to possess objectively verified knowledge of the past and create guarantees in obtaining such knowledge. Scientific historical and legal experience is defined as a necessary condition in achieving the goal of forming an individual and a citizen, resistant to ignorance and misunderstanding of his national identity, reveals its possibilities in substantiating and verifying a historical fact, as well as within the permissible limits of their legalization.Conclusions. Legal matter is systematic and is strictly organized, therefore it can neither be interpreted arbitrarily, nor applied unreasonably. Article 67.1 of Russian Constitution includes four parts, each of which determines the subsequent one. These parts are also in semantic connection with other constitutional principles and declarations, which together determine the mechanism of legal regulation of a special kind of social relations - relations to the past. The state as a subject of these relations, on the one hand, is the creator of conditions for a representative scientific search and the establishment of reliable historical facts, for the subsequent popularization of the scientific result. On the other hand, state legally fixes scientifically grounded facts of state and social development, indicating unity and continuity. Article 67.1 of the Russian Constitution represents an attempt to consolidate legally the well-established historical facts. A historical fact becomes a constant of historical heritage for society when it receives public recognition. The loss of such constant is an irreversible loss (possibly even the destruction of a part or a whole society). In this case historical fact can be defined as a historical truth and may become a subject to legalization, subsequently acquiring the status of a legal norm: principle, definitive, declarative, prescriptive or logical rule of law. The legal concept of historical truth should be perceived not as the opposite of historical untruth (lie), not in the sense of “this is good, but this is bad” and “who benefits from”, because emotionality goes beyond the legal framework. The legal concept of historical truth should be perceived as the opposite of an unscientific, hypothetically assumed, yet unproven historical fact.


2021 ◽  
pp. 83-107
Author(s):  
N V Lowe ◽  
G Douglas ◽  
E Hitchings ◽  
R Taylor

This chapter considers how marriage, civil partnership or cohabitation affects the parties’ legal relationship with each other and the wider world. It examines the common law historical approach to marriage before discussing the use of a marital surname, the sexual relationship and the duty to provide financial support. It then discusses the approach taken to intimate relationships by contract law and tort, by public law, including criminal law, and by property law. The end of the chapter considers proposals for reform.


Author(s):  
Валентин Михайлов ◽  
Valentin Mikhaylov

The article describes the main elements of state policy in the sphere of anti-corruption as a system of measures of social control over corruption. It is noted that the norms on combating corruption, the formation of which is attributed to the competence of the Russian Federation, are contained in more than 50 regulatory legal acts of the Russian Federation. The anti-corruption legislation of the Russian Federation is constantly being improved and becoming more integral. In particular, the basis of the implementation of the state anti-corruption policy is the “outstripping” model of legal regulation, taking into account the direction of corruption crime. In addition, the state anti-corruption policy, taking into account the requirements of international anti-corruption treaties, is aimed at the consistent implementation of the provisions of international conventions. The article shows the tendency of increasing importance of targeted state-legal counteraction to corruption at the international and national levels. The necessity of using the preventive anti-corruption potential provided by the legislation of the Russian Federation is substantiated. In order to improve the system of social control, it is proposed to systematize, streamline the legal norms regulating various aspects of anti-corruption and reflect them in a new version of the Federal Law “On Combating Corruption”. Also systemic measures are required to stabilize the socio-economic and political development of the state while continuing to adopt effective anti-corruption practices. The issue of criminalizing the promise and offering of commercial bribery and bribes as completed crimes is considered. The conclusion is drawn that it should not be about adjusting certain existing provisions of the criminal law, but about a comprehensive change in legislation and the formation of good practices for its application.


Author(s):  
Yevhenii Viblyi

The article attempts to analyze the stages of the crime in the history of Ukraine criminal legislation. The points of view of individual authors on the issue under study are given, as well as the author's own vision of the problem is shown. The study of the development of criminal law and legislation makes it possible to warn against new errors in the application of legal norms. The accumulated historical experience is important for modern researchers, legislators and practicing lawyers to take into account. That is why the controversial issues about the stage of the crime, which require further study and finding the best solutions are relevant in the historical context. Based on the insufficiency of the chosen topic, the purpose of the article is to determine the formation and historical development of the regulation of the institution of the stages of committing a crime. Having investigated the development of the Institute of stages of committing a crime, it is possible to identify the stages of its formation. The first stage is the period of the birth of this institution in the text of the "Russian Truth" and its further development up to the time of the Sudebnik of 1497 and 1550 years In literature there is no direct fastening of the stages of Commission of crime, however these rules, which allow a conditionally divided into two stages: attempted and completed crime. The second stage begins with the adoption of the Cathedral Code of 1649. At this stage, the legislator identifies three stages of committing a crime-intent, attempt, completed crime. The Cathedral Code of 1649 distinguishes punishments depending on the stage of the crime. The third stage is the period of validity Of the article of Military 1715. the Legislator distinguishes two stages-attempt and the finished crime, thus punishment for this or that stage practically do not differ, that is attempt at a crime was punished as a crime. The fourth stage covers the period from the adoption of the Code of 1845 to the first decrees of the Soviet power, relating to 1918. There is a clear legislative regulation of all stages of the crime; there are new-previously unknown stages; punishment is differentiated depending on the stage of the crime. In the Soviet period, the Institute continued its development, namely: there are new stages of committing a crime, there is a significant clarification of the signs of a particular stage. This period was characterized by increased repression, but it was during the Soviet period that the legal regulation of the institution of unfinished crime underwent significant development. Legal regulation of responsibility for an unfinished crime has passed a significant way of development. The development of the studied Institute changed taking into account the social structure in the state. A separate stage in the development of legislation on liability for an unfinished crime should be considered the Soviet era.


2018 ◽  
Vol 2 (2) ◽  
pp. 40-47
Author(s):  
Maxim Viktorovich Bavsun ◽  
Ilya Aleksandrovich Beletskiy

The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment.


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