scholarly journals The environment as an object of criminal law protection: problems of definition and legislative regulation

2021 ◽  
Vol 295 ◽  
pp. 04003
Author(s):  
Olga Yakovleva
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Social Relations ◽  
Criminal Law ◽  
Environmental Safety ◽  
State Ownership ◽  
Legislative Regulation ◽  
The Subject ◽  
Definition Of ◽  
Environmental Crimes

The article is devoted to the study of the problems of definition and legislative regulation of the environment as an object of criminal law protection. The correct legislative regulation and the definition of the object and subject of the crime in the criminal law standard contribute to the correct labeling process. In the legal literature, there is no consensus on the definition of the object of environmental crimes. Some believe that the object of this group of crimes is the order of use of natural resources or social relations related to their economic exploitation; others believe that the relations of state ownership, which are expressed in natural resources; finally, the object of this group of crimes is directly the natural resources themselves or the entire environment. Taking into account the legislative regulation of norms united by generic and species groups and the scientific and theoretical definition of the direct object of the crime, we believe that the object of environmental crimes is public relations for the protection of the environment, the preservation of favorable natural conditions for nature, living beings and ensuring a sufficient level of environmental safety. In this context, a favorable environment should be considered as an environment whose quality ensures the safety of the natural environment functioning and other objects. The subject of crime in the science of criminal law makes it possible to solve many important issues from a practical point of view since it is characterized by relative criminal-legal independence: to distinguish between general and special elements of crimes; the subject of the crime allows you to reveal the nature and extent of the damage that was caused by the crime, as well as to identify the relationship between the criminal act and the consequences that occurred.

scholarly journals Etrospective analysis of criminal-legal and criminological measures to ensure environmental safety the problem of high latency of environmental crime and solutions in the context of digitalization

2021 ◽  
Vol 17 (2) ◽  
pp. 67-77
Author(s):  
Anton V. Kvitko
Keyword(s):  
Natural Resources ◽  
Criminal Law ◽  
Environmental Safety ◽  
Environmental Crime ◽  
Surveillance Systems ◽  
Economic Activities ◽  
The Subject ◽  
Conservation Of Natural Resources ◽  
Main Components ◽  
Criminal Legislation

In the present article, the author conducts a retrospective analysis of criminal law and criminological (preventive) state measures to ensure environmental safety and the conservation of natural resources. In the article, the author demonstrates the modification of criminal legislation aimed at preserving the main components of the natural environment, which depends on the development of society and its economic activities. In addition, the subject of the article is the designation of the relevance of the conservation of natural resources at all times, including the deterrence of illegal actions with the use of criminal and criminological measures. The purpose of the article is to indicate by the author a fairly high latency of environmental crime in Russia. Statistical indicators of the studied category of crime and the ongoing socio-economic processes in society question its real state. In this regard, the author of the article identifies a number of problematic factors that affect the provision of environmental safety by measures of criminal law and criminological influence. At the same time, in order to reduce the latency of environmental crime, the author proposes a number of measures of a state and managerial nature, including the use of modern digital technologies, resources and surveillance systems.

scholarly journals Criminal law policy of countering animal cruelty:a comparative study

2021 ◽  
Vol 17 (4) ◽  
pp. 129-139
Author(s):  
Andrey Yu. Aseev ◽  
Elena I. Chekmezova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Western Europe ◽  
Criminal Liability ◽  
The United States ◽  
Animal Abuse ◽  
Effective Protection ◽  
Foreign Countries ◽  
The Subject

The subject of the research is the phenomenon of criminal law protection of animals from abuse. The purpose of the research is to provide likely analysis of the experience of establishing criminal liability for animal abuse in the post-Soviet countries, Western Europe and the United States. The methodological basis of the research consists of comparative legal, formal legal and systematic methods. In the course of the research, the specifics of the construction of criminal law norms providing for liability for animal abuse in foreign countries are determined. The focal points of the criminal law policy of countering animal cruelty in the sphere of criminalization of acts encroaching on public relations in the field of animal welfare are considered. The authors substantiate the possibility of assimilation into the Russian criminal law of a number of provisions of the criminal laws of foreign countries in terms of establishing liability for encroachment on the life of animals in order to ensure effective protection of social relations from negative development in the field of animal treatment.

scholarly journals Theoretical approaches to the definition of the subject of administrative law and process

2021 ◽  
Vol 2 (12) ◽  
pp. 138-149
Author(s):  
R. V. NAGORNYKH ◽  
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Social Relations ◽  
Administrative Law ◽  
Cultural Development ◽  
Public Power ◽  
Theoretical Approaches ◽  
The Subject ◽  
Definition Of ◽  
The Individual

The article substantiates the conclusions that the subject of modern administrative law and process in Russia is a complex multifaceted legal phenomenon that includes various social relations. The basis of the constitutional model of the subject of modern administrative law and process is public relations in the field of protecting the rights and freedoms of the individual by limiting discretion and arbitrariness in public administration, the development of institutions of judicial and public control over the activities of public administration as well as various public relations regarding the formation of the architecture of public power, direct implementation of administrative law enforcement activities in the field of public administration, the creation and direct participation of domestic subjects of public administration in the activities of international organizations endowed with administrative powers in the field of interstate interaction and coordination, supranational administrative regulation, control in the field of protecting national and global interests in ensuring security, economic and cultural development of various states and peoples

Criminal Characteristic of the Object of Bankruptcy Crimes

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Direct Object ◽  
Special Part ◽  
Legislative Regulation ◽  
Specific Object ◽  
Definition Of

The article raises the question of the object of a bankruptcy crime. The major problem is the coincidence of the generic and specific objects of such crime. Such vagueness in the legislative regulation generates incoherent law enforcement and confusion in practice in cases of a bankruptcy crime. Besides it creates opportunities for the criminal law abuse in certain cases. The author suggests changing theoretical and legislative approaches to the definition of the specific object of bankruptcy crimes. In particular, a specific object of bankruptcy crimes should be identified according to the characteristic of an independent specific object of the crime, which will result in its significant elaboration for this type of crime, without changing the content and focus of the Special part of the Criminal code. The author considers the direct object of the bankruptcy crime that refers to the totality of social relations concerning legal protection of the statutory recognition of a debtor as a bankrupt, voluntary satisfaction of creditors’ claims, and proportional and priority distribution of the bankruptcy estate as a result of applying bankruptcy procedures, to be a matter of principle.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

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.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

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