scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals Classification of factors determining criminality in the sphere of housing and utilities infrastructure

2021 ◽  
pp. 14-25
Author(s):  
Denis Yur'evich Goncharov
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Research Subject ◽  
Public Authorities ◽  
Internal Factors ◽  
Scientific Methods ◽  
Determination System ◽  
General Scientific

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

scholarly journals The Role of the Prosecutor in Coordinating the Activities of the Bodies of Inquiry and Preliminary Investigation in the Implementation of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 12-20
Author(s):  
Nina Manova
Keyword(s):  
Preliminary Investigation ◽  
Practical Experience ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Real Model ◽  
Essential Components ◽  
General Scientific

Introduction: one of the most influential actors in the system of law enforcement agencies of any state, in any system of criminal proceedings, is the prosecutor; in this connection, the purpose of the work was to study his role in coordinating the activities of the bodies of inquiry and preliminary investigation in the implementation of criminal prosecution. Methods: the methodological framework for the work consists of the general scientific (dialectical, systemic, structural-functional, logical, etc.) and the specific scientific (formal-legal, comparative-legal, etc.) research methods. Results: the author’s position presented in the paper is based on the analysis of the legislative regulation, the knowledge accumulated in the theory of the criminal procedure and practical experience of the coordination and personal implementation of the criminal prosecution activities by the prosecutor in the pretrial stages of the criminal process. Conclusions: as a result of the study, the role of the prosecutor as the organizer and head of the criminal prosecution carried out by the inquirer and the investigator is justified; the mistakes made in reforming the procedural position of the prosecutor in pre-trial proceedings are revealed; the essential components in the real model of the prosecutor’s activity that were not taken into account by the legislator are identified: the nature of the prosecutor’s relationships with other participants in the process and his key role in the implementation of criminal prosecution (his responsibility for the legality of the pre-trial criminal prosecution, and the duty to maintain the public prosecution in court).

Criminal-legal Mechanism of Counteraction of Insider Activity in the Stock Market

2019 ◽  
Vol 10 (3) ◽  
pp. 842
Author(s):  
K.A. MALYSHENKO ◽  
V.A. MALYSHENKO ◽  
E.S. BEKIROVA ◽  
S.N. BEKIROV ◽  
S.V. ARKHIPOVA ◽  
...  
Keyword(s):  
Stock Market ◽  
Criminal Law ◽  
Criminal Liability ◽  
Securities Market ◽  
Market Manipulation ◽  
Insider Information ◽  
Legal Method ◽  
Wide Range ◽  
The World ◽  
Law Regulation

Protecting the rights of stock market participants in the modern world is an important aspect of its functioning, ensuring the security of investments of participants and their property status. The misuse of insider information with the aim of obtaining certain benefits, and market manipulation are some of the most ambitious crimes that violate the rights of a wide range of people, and a direct threat to their material well-being. Insider trading involves trading transactions with securities, which is carried out by private individuals, holding information about the Issuer of the financial asset. In this work, we use methods of legal statistics that allow us to obtain quantitative data on the application of liability for violations of anti-insider Russian legislation. In addition, a comparative legal method is used to comparatively characterize measures to combat insider activity in the world. The purpose of the research is to identify the shortcomings of the modern criminal law mechanism for countering insider activity in the Russian securities market and develop measures to improve its effectiveness. The criminal law regulation of insider information in the world and domestic experience are analyzed. As a result of the study, a number of shortcomings inherent in this mechanism were identified. Thus, the study of foreign practice has shown that the existing measures in Russia to combat insiders in the securities market are not effective. This is due to many factors, the main of which are the imperfection of the legal framework, the lack of practical application of criminal penalties, their low effectiveness, the lack of specific penalties, etc. The article highlights the problems of administrative and criminal liability for market manipulation and illegal use of insider information. The article analyzes the criminal law regulation of mitigating liability for insider information in the world and domestic experience.Based on the analysis and comparison of Russian and international practices in the fight against insiders, conclusions are drawn about the need to adjust the domestic monitoring mechanism and improve criminal law methods to ensure its functioning.The article actualizes the problems of administrative and criminal liability for the manipulation of the market and the misuse of insider information.

scholarly journals Legal regulation of unmanned aerial vehicles application in the surveillance of the state border of Ukraine

2021 ◽  
Vol 10 (40) ◽  
pp. 190-200
Author(s):  
Serhii Khalymon ◽  
Svitlana Hrynko ◽  
Valentyn Zolka ◽  
Ruslan Hrynko ◽  
Nataliya Volynets
Keyword(s):  
Unmanned Aerial Vehicles ◽  
Legal Regulation ◽  
The State ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Documents ◽  
Legal Method ◽  
Aerial Vehicles ◽  
General Scientific ◽  
Border Surveillance

The goal of the article is to develop proposals for the improvement of the existing normative legal documents regulating UAVs application in the surveillance of the state border of Ukraine. The research methods have been selected based on the goal and tasks of the research. A complex of general scientific and special-scientific methods has been used in the process of the research. In particular, the use of comparative and formal-logical methods made it possible to investigate the evolution of legal regulation of UAVs application by the law enforcement agencies and military formations in Ukraine. The logical and legal method has been used for the development, argumentation and determination of the directions of improving the legal regulation of UAVs application in the process of the state border surveillance. The article reveals the proposals for the improvement of the existing normative legal documents regulating unmanned aerial vehicles (UAVs) application in the surveillance of the state border of Ukraine. It is concluded that UAVs application is effective in the surveillance of the state border of Ukraine, since information obtained with the help of these aerial vehicles allows to effectively and rapidly establish facts of the state border violation and detain its violators.

scholarly journals FEATURES OF CRIMINAL LIABILITY OF A MEDICAL PROFESSIONAL FOR FAILURE TO PERFORM OR IMPROPER PERFORMANCE OF THEIR PROFESSIONAL DUTIES IN UKRAINE

2020 ◽  
Vol 73 (11) ◽  
pp. 2549-2554
Author(s):  
Olha S. Bondarenko ◽  
Oleg М. Reznik ◽  
Mykhailo O. Dumchikov ◽  
Nadiia S. Horobets
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Medical Professional ◽  
Medical Worker ◽  
Scientific Methods ◽  
Special Scientific ◽  
Research Goal ◽  
General Scientific

The aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker.That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.

scholarly journals LEGAL REGULATION OF CRIMINAL LIABILITY FOR CRIMES AGAINS THE ENVIRONMENT

2021 ◽  
Vol 3 ◽  
pp. 89-95
Author(s):  
O. Savchuk ◽  
V. Butenko
Keyword(s):  
Global Economy ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Special Method ◽  
Constitutional Rights ◽  
Environmental Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Qualified Personnel ◽  
General Scientific

The article analyzes the current legislation of Ukraine in the field of criminal liability crimes against the environment. The paper analyzes the current legislation of Ukraine in the field of criminal liability for crimes against the environment. Special attention is paid to the importance of enhancing criminal liability to ensure provided by the Constitution of Ukraine as a fundamental law and guarantor of constitutional rights and freedoms of a person and citizen, for the crimes against the environment and to compensate for the damage caused by the violation of this right. Research methods were general scientific and (dialectical, systematic), and special scientific methods. The use of dialectical method allowed to determine the general state and research prospects of issues on legal regulation of criminal liability for crimes against the environment. The systematic method was used in the process of studying the system of legislation in the outlined issue. Regarding the special method, the formal legal method was chosen, according to which the analysis of the current legislation of acts of Ukraine in the field of criminal liability for committing crimes in the field of the environment is carried out. Today, one of the global problems is climate change due to increasing industrial pollution (excessive concentration of environmentally hazardous industries, outdated and inefficient environmental equipment, unreliable technical systems and lack of qualified personnel in enterprises with high environmental risk), a significant number of vehicles, that do not meet environmental standards, and other factors that pollute the environment. All of these are significant threats to the global economy and international security due to increased direct and indirect risks related to energy security, food and drinking water supply, stable ecosystems, and risks to human health and life.

Unapproachable Socially Dangerous Criminal Act as a Result of Provocation

2020 ◽  
Vol 10 ◽  
pp. 93-102
Author(s):  
D. A. Gаrbatovich ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
Legal Method ◽  
Legal Position ◽  
Legal Fact ◽  
Legal Understanding ◽  
The Impact

The article raises the problem of the absence in the doctrine of criminal law of a common understanding of what constitutes an act committed as a result of provocative and inflammatory activities of law enforcement agencies. The purpose of the work is to reveal the legal nature of the provoked act. Objectives of the study: 1) on the basis of the legal position of the ECHR to determine the range of acts that are considered to be provoked as a result of illegal investigative activities; 2) to analyze the signs and elements of the provoked acts; 3) to consider the impact of the provoked act as a legal fact on criminal law relations; 4) to assess the provoked act regarding the presence of signs of a crime in it. Methods: formal-legal, method of comparative analysis. The paper draws the following conclusions. 1. The act provoked by illegal operational-search activity is socially dangerous, is provided by the criminal law, thus is not criminal and punishable. 2. Being socially dangerous and provided by the criminal law the provoked act as the legal fact does not generate protective legal relationship, and does not exist within regulatory criminal legal relations. 3. Impregnable socially dangerous criminal acts as a result of provocation, contain all the signs of the relevant elements of crimes. The person who has committed the specified act, isn't subject to criminal liability not according to the Criminal code of Russia but because charge is based on the proofs received by the illegal way. 4. Non-recognition of provoked socially dangerous act as a crime is based on integrative legal understanding, according to which the interpretation and application of criminal law should be based on universally recognized principles and norms of international law.

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