Administrative Prejudice in Criminal Law: Law Enforcement Problems

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0 ◽  
Author(s):  
Элина Сидоренко ◽  
Elina Sidorenko
Keyword(s):  
Content Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
Legal Institutions ◽  
Methods Of Analysis ◽  
Administrative Responsibility

The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.

scholarly journals Human Trafficking – Can the German Reform Address the Complexity of the Phenomenon?

2020 ◽  
Vol 10 (3) ◽  
pp. 293-313
Author(s):  
Susanne Beck ◽  
Melina Tassis
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Interconnected System ◽  
The Poor ◽  
Victim Protection ◽  
Goals And Objectives ◽  
Oriented Approach

German criminal law regarding human trafficking was reformed in 2016 in order to implement European goals and objectives, for example, the effective cooperation between member states' law enforcement authorities. This article examines the problems connected with the implementation of the reforms from different perspectives. It also takes into account that the laws were also changed to close perceived gaps in the Criminal Code and to simplify the classification of any action linked to human trafficking. Thus, it will show that the phenomenon of human trafficking cannot be addressed by implementing stricter criminal laws alone, since the main causes lie in the poor living conditions of the countries of origin and the way in which modern societies consume. What is needed is a broad-based awareness, an international interconnected system and appropriate victim protection resulting in an interdisciplinary, human rights-oriented approach to fight human trafficking and exploitation.

scholarly journals Law Enforcement on Carok Actor’s Criminal Act

2021 ◽  
Vol 8 (12) ◽  
pp. 346
Author(s):  
Heru Suyanto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Descriptive Analysis ◽  
Self Esteem ◽  
Criminal Code ◽  
Research Approach ◽  
Court Decisions ◽  
Criminal Sanction ◽  
Enforcement Effort ◽  
Approach Method

Carok is a tradition in Madurese people in the form of fight for a certain, extreme reason concerning individual’s self-esteem, followed with group fight with the use of weapons, and carok implementation may cause death. In the context of formal law, carok is the manifestation of the actors’ bravery in violating the rules designated in the Criminal Code, thus they must undergo years of criminal imprisonment as actors of serious criminal act. On this basis, this research explored factors causing carok actor’s criminal act and the constraints the police faced in the law enforcement effort on carok actor’s criminal act. The normative law or literature research approach method employed in this research emphasized on criminal law literatures, prevailing laws and regulations, court decisions, legal theories, scholars’ opinions and interviews. This research took descriptive analysis form based on the approach of carok case that caused death in Decision Number 182/Pid.B/2013/PN.Bkl. From the perspective of criminal law, Carok indicates a crime that may be qualified as criminal acts of physical abuse and murder since it contains a certain period or tempo from the start to the implementation of problem, in which the actors have calmly considered any possibilities and consequences of their actions. In general, the reasons of carok actor’s criminal acts are individual or group’s self-esteem abuse, vengeance, inheritance distribution conflict, etc. The author expected that appropriate law enforcement will minimize Carok occurrences, such as through making of special regulation for carok actors and imposition of serious criminal sanction (imprisonment) on carok actors and improved education, especially primary education.

The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century

2021 ◽  
pp. 150
Author(s):  
Ruslan G. Aslanyan
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Institutional Structure ◽  
Historical Aspects ◽  
Literary Sources ◽  
Special Part ◽  
The Law

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.

scholarly journals Konsepsi Hukum Progresif dalam Pengaturan Tindak Pidana Korupsi di Indonesia

2020 ◽  
Vol 1 (2) ◽  
pp. 35-39
Author(s):  
Efraim Mbomba Reda ◽  
I Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Role Models ◽  
Research Method ◽  
Criminal Code ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Descriptive Method

Progressive law puts forward the sociology of law rather than legal certainty which is the focus of legal positivism. In Indonesia, this law was coined by Satjipto Rahardjo. This study aims to determine the formulation of progressive law in future criminal law, and to determine the actualization of the concept of progressive law in regulating corruption in Indonesia. The research method used is a normative legal research method with statute and conceptual approaches. The technique of collecting legal materials in this study is a descriptive method that aims to obtain the meaning of reality related to the problems to be discussed and solved in this study. The results show that in the current Criminal Code Bill, progressive law has been regulated, to be precise in Article 2 paragraph (1) and (2). Progressive law is also regulated in Law no. 48 of 2009 concerning Judicial Power. Then, the actualization of progressive law in regulating corruption in Indonesia is a judge with the powers that take into account the sociological context of society in making decisions. Judges, prosecutors and lawyers can certainly discuss together in eradicating corruption. Efforts are also being made to reconstruct and redefine the power of law enforcement. This arrangement can also encourage the KPK to be more progressive in eradicating corruption, as well as building law enforcers who have morality so that they can become role models and increase public participation, for example by forming NGOs in preventing or fighting corruption in various agencies.

scholarly journals PROBLEMS OF ENFORCEMENT OF NORMS PROVIDING RESPONSIBILITY FOR ECOLOGICAL CRIMES 

2019 ◽  
Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Judicial Practice ◽  
Key Points ◽  
Environmental Crimes

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.

scholarly journals The Potential of Criminal Law in Protecting Labor Rights of Citizens (Using the Example of Article 136 of the Criminal Code of the Russian Federation)

2018 ◽  
Vol 12 (6) ◽  
pp. 836-844
Author(s):  
Michail Sagandykov ◽  
Galia Shafikova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Theoretical Research ◽  
Labor Rights ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The One ◽  
Criminal Legislation

The relevance of the study is based, on the one hand, on high public danger of crimes in the sphere of labor relations and, on the other hand, on a very low interest of law enforcement, control and supervision bodies in these crimes. The authors show that modern criminal legislation in the sphere of protecting labor rights has a high potential in comparison with both Soviet and foreign criminal law norms. At the same time, this potential, primarily expressed in Chapter 19 of the Criminal Code of the Russian Federation, remains untapped. Many norms, including Art. 136 of the Criminal Code of the Russian Federation «Violating the Equality of Rights and Freedoms of Man and Citizen», are virtually never used against discrimination in the labor sphere, although such discrimination is quite common. No such cases have been found in court statistical data, thus it is impossible to provide a comprehensive criminological description of these crimes. The norm of Art. 136 of the Criminal Code of the Russian Federation is seldom used by law enforcers because it is legally ambiguous. In this connection the authors suggest complementing the disposition of Art. 136 of the Criminal Code of the Russian Federation with such factors of discrimination as «age» and «marital status». The latter factor will make it possible to provide extra protection to pregnant women and women with children under three years old against unmotivated refusal of employment and firing. The authors argue that such actions of the employer should constitute an aggregate of crimes and should be punished simultaneously under Art. 136 and 145 of the Criminal Code of the Russian Federation. At the same time, the authors think that it is not appropriate to make the disposition of Art. 136 a blanket one due to vague grounds for discrimination in special legislation, including labor legislation. The obtained results could be used for the improvement of Russian legislation based on theoretical research and the practice of law enforcement.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

The essence of deprivation of the right to engage in certain activities as a punishment for an offense under Art. 264 of the Criminal Code

2019 ◽  
pp. 23-29
Author(s):  
Ольга Александровна Беларева
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
The Road ◽  
Paradoxical Situation ◽  
The Supreme Court ◽  
Principle Of Justice ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

В статье рассматривается сущность лишения права заниматься определенной деятельностью как обязательного дополнительного наказания за преступление, предусмотренное ст. 264 УК РФ. В большинстве приговоров по ст. 264 УК РФ дополнительное наказание сформулировано как лишение права заниматься деятельностью, связанной с управлением транспортным средством. Однако использование в приговорах единой формулировки не снимает вопросов, связанных с толкованием объема назначенных судом ограничений. Автором выделены два подхода к определению содержания понятия «транспортные средства»: широкий, включающий все виды транспортных средств, и узкий, включающий только механические транспортные средства. Анализ судебных решений позволяет сделать вывод об отсутствии единообразного подхода к определению содержания наказания в виде лишения права заниматься деятельностью, связанной с управлением транспортными средствами. Показано, что в практике применения наказания за преступления, предусмотренные ст. 264 УК РФ, сложилась парадоксальная ситуация: лицо, нарушившее правила дорожного движения, лишается права управления всеми видами транспортных средств. По мнению автора, такая ситуация нарушает принцип справедливости: характер наказания не соответствует характеру совершенного преступления. В целях единообразного применения уголовного закона Пленуму Верховного суда РФ следует разъяснить, что суды должны конкретизировать вид транспортных средств, права управления которыми лишается осужденный, исходя из характера совершенного преступления. The article deals with the essence of deprivation of the right to engage in certain activities as a mandatory additional punishment for a crime under Art. 264 of the Criminal Code. In most of the sentences under Art. 264 of the criminal code additional punishment is formulated as deprivation of the right to engage in activities related to driving. However, the use of a single wording in sentences does not remove questions of interpretation of the scope of the court's limitations. The author identifies two approaches to the definition of the concept of “vehicles”: wide, including all types of vehicles, and narrow, including only mechanical vehicles. Analysis of court decisions leads to the conclusion that there is no uniform approach to determining the content of the penalty in the form of deprivation of the right to engage in activities related to the management of vehicles. The article shows that in the practice of punishment for the crimes provided for in the Art. 264 the criminal code, there is a paradoxical situation: a person who violates the rules of the road, is deprived of the right to control all types of vehicles. According to the author, this situation violates the principle of justice: the nature of the punishment does not correspond to the nature of the crime committed. For the purpose of uniform application of the criminal law to the Plenum of the Supreme Court of the Russian Federation it is necessary to explain that courts have to specify a type of vehicles which right of management is deprived condemned, proceeding from character of the committed crime.

Should a Criminal Code Distinguish Between Justification and Excuse?

1992 ◽  
Vol 5 (2) ◽  
pp. 215-235 ◽  
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
The Other ◽  
Extreme Pressure ◽  
Other Hand ◽  
Lesser Evils ◽  
Special Circumstances ◽  
Self Defence

Criminal law defences may be classified as either “justification” or “excuse”. A justification negates the wrongfulness of the conduct. The following are considered justifications: law enforcement, self-defence and lesser evils. An excuse, on the other hand, negates only the culpability of the actor for wrongful conduct. Under special circumstances, such as extreme pressure, it is considered unfair to blame the actor for the violation of the norm. Insanity and duress are typical excuses.

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