Criminal Law Interpretation of Victimization Aspect of Domestic Violence

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
Valentin Kharlamov
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Protection ◽  
Public Law ◽  
Rights And Interests ◽  
Definition Of ◽  
Criminal Legislation ◽  
Procedure Codes ◽  
Personal Interests

The article examines criminal-legal features of victimization aspect of domestic violence, presents the analysis of the use in legislation of such terms as “victim” and “injured person”, their legal specifics, reflects debate in criminal law theory about characteristics of victimization aspect. The author provides classification for victims of criminal assault, reveals gaps of the Russian criminal legislation in the sphere of family protection, puts forward proposals for improving the criminal law aimed at harsher punishment for the violation of rights and interests of a family and its members. The author sees a wider scope of persons recognized as victims to be one of the possible ways of improving legal protection of personal interests, accompanied by enshrining relevant public-law mechanisms of protecting rights and interests of “other persons” as victims in the Criminal and Criminal Procedure Codes of Russia. In order to extend the definition of “victim”, the author proposes to differentiate the legal status of the abovementioned category of persons, talking into account the specifics of each of those persons.

scholarly journals The problems of criminal protection of persons in Ukraine

2020 ◽  
pp. 50-57
Author(s):  
Serhii Kirienko
Keyword(s):  
Criminal Law ◽  
Elderly Person ◽  
Legal Protection ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Voluntary Consent ◽  
Criminal Protection ◽  
Definition Of ◽  
A Minor ◽  
Criminal Legislation

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment. The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population. The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person. Key words: crime, responsibility, qualification, term.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals THE “CRIMINAL LAW OF VICTIM” AS A CRIMINAL LAW MODEL

2018 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Irina Aleksandrovna Tretyak
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Theoretical Models ◽  
Legal Personality ◽  
Basic Model ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
The Impact

The subject. The article is devoted to analysis of the basic models of criminal law and the impact of victim’s legal status on the criminal legal theory.The purpose of the paper is to substantiate the existence and the importance of “criminal law of victim” as basic model of criminal legal theory.The methodological basis of the research includes general-scientific methods (analysis and synthesis, system-structural approach) as well as academic methods (formal-legal method, method of interpretation of legal texts).Results and scope of application. The definition of the role of the victim, the importance of his legitimate interests in the implementation of criminal liability is complicated by the fact that the basic models of criminal law developed by science – “criminal law of the offender” and “criminal law of the crime” – do not consider the victim as a subject of criminal legal relations.The theoretical models of criminal law are embodied in the criminal law, specific legal rela-tions, law enforcement acts, etc., in connection with which there are specific indicators – the parameters by which it is possible to determine which model of criminal law is implemented.If the question of the criminal legal personality of the victim is controversial, in my opinion, there is no doubt that the victim is a party to the criminal law conflict, which often begins to unfold long before the crime.Conclusions. Recognizing the victim as a subject of criminal legal relations, as well as a par-ticipant in the criminal law conflict, it is possible to talk about the formation of a new model of criminal law – “the criminal law of victim”.

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.  

ISSUES OF CHILDREN'S RIGHTS IN “AVESTO”

2021 ◽  
Vol 6 (2) ◽  
pp. 19-25
Author(s):  
Murod Turgunov ◽  
Keyword(s):  
Pregnant Women ◽  
Children And Adolescents ◽  
Legal Status ◽  
Family Law ◽  
Family Relations ◽  
National Legislation ◽  
Rights Of The Child ◽  
Modern Family ◽  
Definition Of ◽  
Criminal Legislation

Thecurrent article discusses the issues of ensuring the rights of the child in the Avesta, the sacred book of the Zoroastrians, analyzes the problems of modern family law, implementation of theprovisions of international legal instruments into national legislation regulating family relations in the historical and legal values.Furthermore, the author examines issues related to the definition of pregnancy, its termination, and the legal status of pregnant women based on the analysis of the relevant parts of the Avesta.On the basis of the study of the provisions of this holy book, the author compares the provisions of the modern criminal legislation of Uzbekistan with the provisions of this historical book on marriages, the definition of kinship, the legalstatus of children and adolescents

PROBLEMS OF THEORY AND PRACTICE OF GOVERNMENTAL PROTECTION OF RIGHTS AND INTERESTS OF MINORS

2018 ◽  
pp. 149-156
Author(s):  
Mariya Sergeyevna Semikina
Keyword(s):  
Criminal Policy ◽  
Legal Protection ◽  
The State ◽  
Theory And Practice ◽  
Normative Documents ◽  
The Family ◽  
Rights And Interests ◽  
National Programs ◽  
A Minor ◽  
Criminal Legislation

We analyze normative documents of the Russian Federation, regulating the protection of the rights and interests of a minor, allowed to form some problems of his proper legal protection. In particular, we are talking about the presence of shortcomings inherent in the domestic criminal legislation, which, of course, generates further problems of law enforcement. Attention is focused on some, in our opinion, significant shortcomings, indicating the inconsistency of the essence and content of the normative provisions of modern directions of criminal law policy in terms of protection of minors from the most common socially dangerous attacks at the present time. Special attention is paid to the effectiveness of national mechanisms to ensure and protect the rights and interests of children through the implementation of national programs and projects. The plan of the main activities up to 2020, carried out within the framework of the Decade of childhood, presented for analysis, focuses on the neutralization of social and domestic problems. The complex of diverse measures has been developed and approved taking into account modern requirements to the process of full socialization of a teenager in the family, society and the state. However, against the background of the progressing unfavorable trends in the state program, the need to focus on the mechanism of prevention and combating criminal threats, the victims of which are children, is completely ignored. In this connection, it is concluded that it is necessary to improve the legislation acting as the basis of social and criminal policy for the protection of children.

Overcoming of Corruptogenic Factors of Criminal Legislation: Concept and Main Methods

10.12737/5503 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 68-75
Author(s):  
Сергей Иванов ◽  
Sergey Ivanov
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Positive Role ◽  
Legal Nature ◽  
Rational Explanation ◽  
Definition Of ◽  
Criminal Matters ◽  
Criminal Legislation

This article deals with the definition of overcoming the corruptogenic factors of the criminal law; notes its positive role in combating corruption in the criminal justice and highlights the main features: universality, casuistry, functional character, law-enforcement level of the implementation. This article discusses some of the most important ways of overcoming the corruptogenic factors of the criminal law: the uniformity of practical activity (the same understanding and application of the criminal law to all situations with a similar set of actual data and identical criminal-legal nature); motivation (rational explanation subject to enforcement activities of the reasons and circumstances underlying the decision on this or other legal and penal question) and formalization of the decision-making (development and implementation of the criminal law or court practice on certain criteria that must underlie the adoption of any authority of any decisions in criminal matters and to narrow the scope of his discretion); raising the level of legal awareness of subjects of criminal-law relationships.

scholarly journals Research of Criminal Punishment in Russian Dissertation Theses: Key Trends in 2010-2019

2019 ◽  
Vol 13 (5) ◽  
pp. 825-836
Author(s):  
Alexei Kibalnik ◽  
Pavel Volosyuk ◽  
Rustam Abdulgaziev
Keyword(s):  
Criminal Law ◽  
Capital Punishment ◽  
Criminal Punishment ◽  
Functional Theory ◽  
The Past ◽  
Legal Nature ◽  
New Ideas ◽  
Positive Feature ◽  
Definition Of ◽  
Criminal Legislation

The article aims to reveal key trends in the studies of the problems of criminal punishment based on the analysis of Russian dissertation theses in the past decade (2010–2019). The authors stress that the problems of punishment are «eternal» for Russian and Western doctrines of criminal law, although there is some difference in their research trends. The authors conclude that Russian doctrine preserves continuity in its definition of punishment as a major category of criminal law, as well as of its attributes and goals. In 1990–2000s there were some attempts to renounce the penal nature of punishment. In the past decades this «bias» has been overcome and practically all authors recognize the priority of the penal character (content) of criminal punishment. At the same time, the doctrine incorporated new ideas regarding the understanding of the goals of punishment, their hierarchy and the actual possibilities of achieving them. The authors note that the positive feature of the Russian doctrine is the substantiation of the «functional» theory of building a system of punishments in criminal legislation. On the other hand, researchers have come to a disappointing conclusion regarding the breach in the orderly structure of the system of punishments. The analysis of Russian dissertation theses has shown that in 2010–2019 most attention was focused on «final» punishments (capital punishment and life imprisonment), imprisonment for a certain period of time, some punishments not connected with the deprivation of liberty (limitation of liberty, obligatory work). The authors point out that there remains a discrepancy in the understanding of the legal nature, purpose and effectiveness of these types of punishment (primarily, capital punishment, which is preserved in criminal legislation).

scholarly journals Concept and system of criminal and legal consequences of crime commission

2021 ◽  
Vol 2021 (1) ◽  
pp. 126-136
Author(s):  
Yuriy Pudovochkin
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Crime Commission ◽  
Starting Point ◽  
Definition Of ◽  
The Individual ◽  
Fundamental Categories ◽  
Almost All ◽  
Legal Consequences

A significant problem of modern criminal law science is the definition of its fundamental categories to which the “criminal and legal consequences” category belongs. The theme of criminal and legal consequences of committing a crime is still weakly developed. Nevertheless, the content of almost all theoretical constructions associated with criminal and legal measures, criminal punishment and criminal liability depends on its solution. The author suggests his idea of the system of criminal and legal consequences based on the system interpretation of law and formal and logical analysis of criminal law norms. The system comprises: a) consequences of commission of a crime such as discharges and implementation of criminal liability; consequences of commission of other criminal and related acts and appearing of criminal and relevant events that influence correction of the legal status of the individual having committed a crime. The starting point in the development of the system appeared to be understanding of the terms «crime» and «consequence» in the context of criminal and legal relations theory and legal factors of criminal law. It is also noted that the system of criminal and legal consequences of crime commission can be viewed as a part of the consequence crime commission system which includes both actually legal and extra-legal consequences.

scholarly journals Uwagi w sprawie publicznoprawnej determinacji ram przedmiotowych publicznego prawa gospodarczego

Prawo ◽  
2016 ◽  
Vol 320 ◽  
pp. 57-70
Author(s):  
Witold Małecki
Keyword(s):  
Criminal Law ◽  
Public Law ◽  
Polish Literature ◽  
The Public ◽  
Public Economic ◽  
Economic Law ◽  
Definition Of ◽  
Independent Branch

Comments on the public law framework for the scope of public economic lawThe evolution of administrative economic law into public economic law should cause extension of the scope of this section of law, corresponding to its name containing two determinants. However, the scope of public economic law presented in contemporary Polish comprehensive manuals of public economic law does not contain any references to economic criminal law, which is undoubtedly a section of law situated within the confines of public law. In order to determine the meaning of the determinant “public” in the name “public economic law” two models were proposed. In a “shaping” model the determinant “public”, together with the determinant “economic”, defines the scope of public economic law. Only accepting the view on economic law as an independent branch of law and — consequently — the view on public economic law as a divisive factor of the economic law as an independent branch of law allows to justify an omission of economic criminal law provisions which should be included into criminal law. Regarding economic law as an independent branch of law does not entitle one to include such provisions into it if they are classified as a part of another independent branch of law — in this case: criminal law. Another model is a “descriptive” one, in which the determinant “public” does not define the scope of public economic law — the scope is determined by the definition of public economic law. The only role of the determinant “public” is to describe a category of provisions that are included in public economic law. The model, however, does not justify the omission of economic criminal law provisions in the manuals because of a broad shape of the definition of public economic law presented in Polish literature.

Sign in / Sign up

Export Citation Format

Share Document