Theory and practice of criminal law combating corruption in the Republic of Kazakhstan

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nursulu Zh. Siubayeva ◽  
Aigul M. Kalguzhinova ◽  
Darkhan O. Ozbekov ◽  
Saule S. Serikbayeva ◽  
Kamshat S. Amirbek
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
National Policy ◽  
Historical Analysis ◽  
Theory And Practice ◽  
Content Type ◽  
Legal Provisions ◽  
History Of ◽  
The Subject ◽  
The Republic

Purpose In accordance with the country’s programme documents, the fight against corruption, defined as the most important strategic priority of the national policy of the Republic of Kazakhstan, acquires consistent political and legal support. The purpose of this paper is to study the criminal law combating corruption in the Republic of Kazakhstan. Design/methodology/approach In this paper, the methods of historical analysis of the current legal provisions, analysis of the compositions of malfeasances and synthesis were used. Findings This study considered the main historical stages and aspects of the development of modern legislation of criminal liability for corruption offences. The authors of this study provided sound proposals for improving the current legislation of the Republic of Kazakhstan. Originality/value This paper argues the need to develop corruptology as an independent interdisciplinary scientific area, the subject of which would be corruption as a political, sociological, economic, legal and criminological phenomenon; features of corruption and combating it throughout the history of state–legal relations.

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.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals Criminal Liability for Financial Market Crimes under the Singapore Legislation

Lex Russica ◽  
2021 ◽  
pp. 148-156
Author(s):  
A. V. Denisova
Keyword(s):  
Financial Markets ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Personal Data ◽  
Criminal Code ◽  
Legal Provisions ◽  
The Republic ◽  
Criminal Legislation ◽  
Integral Feature

The functioning of developed financial markets is an integral feature of a country with a market economy, in which it is understood primarily as an infrastructure element of state policy, which, with proper management, ensures a qualitative increase in the standard of living of citizens. Therefore, the issues of criminal legal assessment of encroachments on relations in the sphere of financial markets have recently become particularly relevant both abroad and in Russia. In Singapore law, the legal provisions on criminal liability for crimes in the field of financial markets are contained in the Criminal code of the Republic of Singapore, in the laws on the prevention of corruption, on securities and futures. The purpose of the study is to analyze Singapore legislation to compare foreign and domestic criminal law norms on crimes in the field of financial markets, as well as to determine the possibilities of using foreign experience in Russian rule-making practice. The methodological basis of the paper is a set of methods of scientific knowledge, among which the main place is occupied by methods of comparative law and system analysis. The author analyzes the similarities and differences between Singapore and Russian financial and criminal legislation and predicts promising directions for the development of the system of relevant domestic criminal law norms. The author suggests the expediency of using the ideas of criminalization and suppression of fraud in the investment sphere, including in cyberspace, theft of personal data and their misuse, as well as other preparatory actions for serious and grave crimes that may be committed in the financial markets.

scholarly journals INTERIM MEASURES IN ARBITRATION

2018 ◽  
Vol 28 (6) ◽  
pp. 2155-2160
Author(s):  
Emilija Gjorgjioska ◽  
Zorica Stoileva ◽  
Dijana Gorgieva
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Theory And Practice ◽  
State Court ◽  
Republic Of Macedonia ◽  
Legal Provisions ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Interim Measures

In the arbitration, just like in civil litigation, it may be necessary before the final merit award is rendered by the arbitral tribunal, the relations between the parties to be temporarily settled. The need for ordering interim measures before or during an arbitration may arise in order to create conditions for maintaining the existing situation untilthe arbitration settlement of the dispute, facilitating the enforcement of the potential condemnatory arbitration award or faster conduct of the arbitration.Due to these advantages of the interimmeasures, the problem of interim measures in the modern arbitration process theory and practice gets more and more important. In the context of this, the questions arise what types of interim measures and under what conditions can be ordered in the arbitration?Who has the authority to order inerim measures: the state court or arbitrator of the arbitration tribunal or arbitrator for emergencies, and etc. Regarding the types of interim measures that can be ordered before or during the arbitration, there are: conservation, temporary, procedural-facilitating, record-keeping and execution-enforcement measures. The conditions for ordering each of these measures are specific and depend on the purpose and function of the interim measure itself. Regarding the dilemma who is auhtorized to order interim measures in the arbitration, it must be emphasized that the older arbitration theory and practice that has been created around state protectionist legal politics accepts the position that only the state court can order inerim measures while the contemporary arbitration theory and practice proves that the arbitrator of the arbitration court (more often) or an emergency arbitrator (less often) should order the imerim measures in the arbitration. It is precisely because of these problems and dilemmas that still baffle the science of the arbitration procedural law the subject of this paper will be the legal regulation of the subject matter of the interim measures in the Macedonian arbitration legislation. For this purpose, an analysis will be made of the positive legal provisions of the Law on Litigation Procedure of the Republic of Macedonia which regulates the domestic arbitration, the Law on International Commercial Arbitration of the Republic of Macedonia, which regulates the international arbitration and the Rules of The Permanent court of Arbitration attached to the Economic Chamber of Republic of Macedonia that apply to resolve arbitration disputes with and without a foreign element and will be analyzed whether they regulate and to what extent they regulate the issue of ordering of inrim measures in the arbitration. This will be done in order to conclude whether there is a need for amendments of the Macedonian Arbitration Legislation in order for the Macedonian arbitration procedural right to be in line with the modern arbitration tendencies for ordering interim measures in the arbitration, primarily the UNCITRAL Model Law.

Locating the real William Colenso: reviewing a thirty year research journey

2014 ◽  
Vol 43 (2) ◽  
pp. 231-244
Author(s):  
Kay Morris Matthews
Keyword(s):  
New Zealand ◽  
Design Methodology ◽  
History Of Education ◽  
Historical Analysis ◽  
Research Review ◽  
Content Type ◽  
Raising Awareness ◽  
History Of ◽  
The Subject ◽  
The Church

Purpose – The purpose of this paper is to demonstrate the importance of ongoing conversations between researchers and librarians. Without such conversations followed by the active purchasing of manuscripts, the important contributions of individual first settlers would likely remain untold. The research review that unfolds here is of one of New Zealand's significant first settlers, William Colenso (1811-1899). Yet, 30 years ago William Colenso was mostly regarded as a local rather than a national figure, renowned and ridiculed for his being dismissed from the Church Missionary Society for moral impropriety in 1852. By 2011, however, a conference dedicated to his life and work attracted both national and international scholars raising awareness and contributing unique knowledge about Colenso as missionary, printer, linguist, explorer, botanist, politician, author and inspector of schools. It is argued that such scholarship was enabled through the purposeful collecting of Colenso's papers over 30 years. Design/methodology/approach – The historical analysis draws from original documents and published papers chronicling the role and the views of one of New Zealand's first inspector of schools. A self-reflective review approach will show how new knowledge can enhance earlier published works and provide opportunities for further analysis. Findings – It will be demonstrated that as a result of ongoing conversations between librarians and researchers purposeful buying of archives and manuscripts have added fresh perspectives to the contributions William Colenso made to education in provincial New Zealand. Originality/value – This work is perhaps the first critical re-reading and review of one's own scholarship undertaken across 30 years within New Zealand history of education. It offers unique self-reflections on the subject focus and analyses of it over time.

scholarly journals VIOLENCE AS A GENERAL CATEGORY OF PART OF TEACHING ABOUT CIRCUMSTANCES EXCLUDING THE CRIME ACTS

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Historical Analysis ◽  
General Category ◽  
Legal Basis ◽  
Criminal Violence ◽  
The Subject ◽  
General Part ◽  
The Right

The article gives the author’s definition of the concept of criminal violence and analyses its main types: physical and mental. The problems of the criminal law assessment of violence are considered as a sign of certain circumstances precluding the criminality of the act. The attention is focused on the fact that violence is an important category of teaching about the circumstances precluding the criminality of an act. It emphasizes that: violence acts as a legal basis for the existence of such circumstances; its existence gives the right to "unlimited" defence; it serves as the basis for bringing to criminal responsibility persons who have exceeded the limits of causing necessary and sufficient harm. The author draws attention to the importance of the criminal law assessment of subjective signs of violence. It is indicated that they are: the intent, purpose and motivation (motives) of committing actions. The sole purpose of such actions should be the goal of stopping unlawful acts and eliminating the danger. In the article, motivation is considered as a set of motives of actions similar in nature and content. It can be hostile, instrumental, negativistic and mixed. Establishing the type of motivation significantly affects the qualification of actions and the responsibility of the perpetrators. It is pointed out that crimes that are committed when the limits are exceeded, which are determined by the rules on circumstances precluding criminality, are related to the so-called “impulsive” crimes that are often committed in a state of emotional agitation (affect). This significantly affects the qualification of actions of the perpetrators, and in some cases leads to the release of the latter from criminal responsibility. Methods. When writing the article, the dialectical method, the methods of logical and historical analysis were used. They allowed analysing the existing criminal legislation and its historical development in the relevant field. Such a sociological method, such as the study of documents, makes it possible to back up the findings with the results of a study of judicial practice materials on the subject matter under investigation. Results and conclusions. Criminal violence in the General part of the doctrine of circumstances precluding the criminality of an act has the following meaning: it is an important category not only of the Special, but also of the General part of the legislation on criminal liability; is a category of teaching circumstances that exclude the criminality of the act; significantly affects the qualification of actions of the perpetrators in cases that are determined by the rules on the circumstances precluding the criminality of the act; in analysing the types of violence, both objective and subjective signs are important; together with the wilfulness of violent actions, the purpose and motivation (motives) of such actions matter; motivation of violent actions can be hostile, instrumental, negativistic and mixed; it characterizes the legal basis of certain circumstances precluding the criminality of the act; its use is the basis for the subject to "unlimitedly" use force for protection; it serves as the basis for bringing to criminal responsibility in case of exceeding the limits in certain circumstances, precluding the criminality of the act.

scholarly journals CHARACTERISTICS OF THE CONSTITUENT ELEMENTS OF A CRIMINAL OFFENCE – PERSECUTION

2021 ◽  
Vol 1 (91) ◽  
pp. 5-15
Author(s):  
Aldona Kipāne
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Framework ◽  
Theory And Practice ◽  
Legal Interpretation ◽  
Legal Literature ◽  
Wide Range ◽  
The Subject ◽  
Constituent Elements

From January 1, 2018, amendments to the Criminal Law, which provide criminal liability for the persecution of a person, came into force in Latvia. The constituent elements of persecution are defined as a specific form of violence.The aim of the paper is to describe the constituent elements of persecution based on the theory and practice of criminal law. During the study, the author provides a framework of the criminal law theory and outlines the elements of the persecution. The object of the study is the criminal relations, which arise from the persecution of another person. The subject of the study is the criminal legal framework to be followed for the determination of criminal liability. The following legal interpretation methods and approaches have been used in the study: grammatical, systematic, teleological, and historical, as well as analytical method for analysing doctrine and practice of criminal law. Doctrines of criminal law, national legislation, and the sources of legal literature relevant to the aim of the paper have been in the study, too.The analysis carried out leads to the conclusion that persecution covers a wide range of socio-psychological behaviour that manifests in the sacrifice’s victimization and specific harm caused to him/her. Persecution is an active illegal, threatening activity in the form of repeated or lasting tracking, surveillance of another person, expressing threats or unsolicited communication with such a person, if victim have had reasonable grounds to fear for their safety or the safety of their relatives

Criminal Liability of Legal Persons in the Russian Legislation: to the History of the Question "pro et contra"

10.12737/2229 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 5-13 ◽  
Author(s):  
Владимир Лафитский ◽  
Vladimir Lafitskiy ◽  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Historical Analysis ◽  
Legal Provisions ◽  
History Of

The article providers a historical analysis of the doctrinal arguments «pro et contra» of the introduction criminal liability of corporate persons in the Russian legislation, and considered legal provisions on criminal liability of corporate which existed in the Russian legal system of X – first half of XX centuries.

scholarly journals Aktualne aspekty zjawiska kryminalizacji dopingu w sporcie

2017 ◽  
Vol 43 ◽  
pp. 533-548
Author(s):  
Andrzej Szwarc
Keyword(s):  
Human Activity ◽  
Criminal Law ◽  
Criminal Liability ◽  
Organised Crime ◽  
Legal Intervention ◽  
Similar Treatment ◽  
Legal Provisions ◽  
Subsidiarity Principle ◽  
Penal Codes ◽  
The Subject

Current aspects of the criminalisation of doping in sportDoping, which continues to accompany sport to an even greater extent than before, triggers reactions of which one is legal intervention. This includes an intervention of criminal law taking the form of an increased number of instances of criminalisation of different behaviours connected with doping. Different countries address the problem differently and the practice of fighting doping in sport differs. Criminal law regulations and other legal provisions can sometimes be found in penal codes or other legislative acts specifically adopted to regulate sport. Recently such regulations have increasingly become the subject of special acts on combating doping in sport. The scope of criminalisation of behaviours connected with doping as well as the severity with which they are punished also differ and no wonder that these practices are not free from controversies and doubts. The questions asked include whether there are reasons that constitute grounds for criminalisation of such behaviours, whether the values which are infringed as a result are legal values justifying intervention of criminal law, or whether such practice constitutes the respect that is desired for the principle of subsidiarity of criminal law and criminal liability as ultima ratio. Others challenge the subsidiarity principle of criminal law as the form of a similar treatment under this law of the same or similar behaviours taking place in various spheres of human activity, both in the sense of their criminalisation and the severity with which they are penalised. Hence the problem of reacting to doping with the use of instruments that are available under criminal law for combating organised crime.

scholarly journals INSTITUTE OF EXEMPTION FROM LIABILITY IN THE CRIMINAL LAW OF THE REPUBLIC OF KAZAKHSTAN IN THE LIGHT OF HUMANIZATION OF CRIMINAL POLICY

2020 ◽  
Vol 8 (10(79)) ◽  
pp. 33-35
Author(s):  
R. Bajzakova ◽  
G. Rahimzhanova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Practical Importance ◽  
Criminal Policy ◽  
Theory And Practice ◽  
Great Practical Importance ◽  
The Republic

The resolution of issues of exemption from criminal liability is of great practical importance, both for the theory and practice of criminal law of the Republic of Kazakhstan.

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