Criminal-Law Protection of Religious Relations

10.12737/4823 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 41-50
Author(s):  
Виктор Беспалько ◽  
Viktor Bespalko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Russian Society ◽  
Social Significance ◽  
Freedom Of Conscience ◽  
Current State ◽  
Democratic State ◽  
Criminal Offenses ◽  
The Social

In the article the author analyzes the current state of Russian law on crimes against freedom of conscience and religious security. He proves social necessity for criminal law protection of religious relations. He also proposes his classification of the criminal offenses. The article contains the term «religious security». It shows the main threats to religious security in modern conditions, which need counteraction by criminal law. The author developed amendments and additions to the Criminal Code, taking into account the level of religious relations in Russian society. He demonstrates the social significance of protection of the personal freedom of conscience and religious security from criminal trespasses in a democratic state. The author based results of his investigation on sociological findings and links to sources of domestic and foreign criminal law.

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.

scholarly journals LEGAL AWARENESS IN RUSSIAN SOCIETY: THEORETICAL AND APPLIED ANALYSIS

2020 ◽  
Vol 35 (3) ◽  
pp. 25-28
Author(s):  
L.V. Karnaushenko ◽  
Keyword(s):  
Legal Consciousness ◽  
Russian Society ◽  
Key Factors ◽  
Social Significance ◽  
Predominant Role ◽  
Current Crisis ◽  
The Public ◽  
Current State ◽  
The Social ◽  
Public Environment

Over a long period of time, the general theoretical aspects of law, its relationship with key areas of philosophical knowledge (ontology, axiology), as well as practice-oriented technical research played a predominant role in legal knowledge. At the same time, such an aspect of the functioning of law as legal consciousness remains not fully studied. This concerns both the social significance of legal consciousness and the social context of its formation in the public environment. Equally interesting is the question of what are the key trends in the formation of legal consciousness in Russian society. The article examines the problem of legal consciousness in Russian society. In the first part of the article, a general theoretical study of the essence of legal consciousness, its place in the system of social worldview, social significance, as well as key factors of formation is carried out. Separately, the question of the deformation of legal consciousness and its causes is raised. The second part of the work is devoted to the current state of legal consciousness in Russian society, which includes both the analysis of actual data and the consideration of indirect data, including the state of the main factors in the formation of legal consciousness in Russian society. The causes of the crisis of legal consciousness in Russian society are considered. Trends in the nature of attitudes towards law in Russian society are analyzed, and trends in the deformation of legal consciousness in Russia are also described. The processes described relate to institutional and information factors that are currently relevant. The third part of the article summarizes the results of the study, notes key trends in changing the situation with legal consciousness in Russian society. Options are offered to overcome the current crisis situation.

scholarly journals Doctrinal basis of crime classification

2020 ◽  
Vol 1 (1) ◽  
pp. 147-154
Author(s):  
Oleksandra Skok ◽  
Stanislav Omelchenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Formal Logic ◽  
Classification Criterion ◽  
Low Gravity ◽  
Criminal Offenses ◽  
Definition Of ◽  
Crime Classification

The article deals with the issues of formation, development and legislative registration of the Institute for the classification of crimes. Scientific and legislative classification of crimes, rules of formal logic as a basis for differentiation of criminal offenses and individualization of criminal responsibility and punishment are investigated. The term “crime classification” has been interpreted, the principles and functions of classification have been defined. The definition of the classification criterion, the content of public danger in the doctrine of criminal law, for which there is a large number of scientific views, is given. The criteria of public danger as a material sign of a crime are defined. According to Article 12 of the Criminal Code of Ukraine, depending on the severity of the crime, the crimes are divided into crimes of low gravity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. Crime classification is inextricably linked to the principles of formal logic and the laws of dialectics. The analysis of the theoretical provisions of the classification of crimes shows that the current legislative definition of crimes of small gravity, medium gravity, grave and especially grave, - is constructed with the non-observance of some basic rules of formal logic concerning the necessity of using in one classification the same grounds and grounds . It should also be noted that the neglect of the typical sanction by the legislator as the sole classification criterion has led to the emergence of an additional formal criterion in the form of a fine, which in itself contradicts the generally accepted doctrinal provisions for constructing the classification.

Disability as a social phenomenon

2020 ◽  
pp. 22-38
Author(s):  
Natalia Guseva ◽  
Vitaliy Berdutin
Keyword(s):  
Social Protection ◽  
Russian Society ◽  
Stage Model ◽  
High Quality ◽  
Rehabilitation Programs ◽  
Current State ◽  
The Social ◽  
Consistent Solution ◽  
First Time

At present, the problem of establishing disability is a point at issue in Russia. Despite the fact that medical criteria for disability are being developed very actively, high-quality methods for assessing social hallmarks are still lacking. Since disability is a phenomenon inherent in any society, each state forms a social and economic policy for people with disabilities in accordance with its level of development, priorities and opportunities. We have proposed a three-stage model, which includes a system for the consistent solution of the main tasks aimed at studying the causes and consequences of the problems encountered today in the social protection of citizens with health problems. The article shows why the existing approaches to the determination of disability and rehabilitation programs do not correspond to the current state of Russian society and why a decrease in the rate of persons recognized as disabled for the first time does not indicate an improvement in the health of the population. The authors proposed a number of measures with a view to correcting the situation according to the results of the study.

Thomas Jefferson’s Virginia Criminal Law Bill

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Criminal Code ◽  
The State ◽  
Modern State ◽  
Historical Account ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.

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.

The Social Dangers Of The Crime Of Abuse Of Power Or Position: Problems Of Theory And Practice

2021 ◽  
Vol 03 (02) ◽  
pp. 72-12
Author(s):  
Shukhrat Khodjievich Alirizaev ◽  
Keyword(s):  
Criminal Law ◽  
Public Life ◽  
Criminal Code ◽  
Theory And Practice ◽  
Abuse Of Power ◽  
Official Position ◽  
The Social ◽  
Position Article

The article deals with the theoretical problems of social danger of the crime of abuse of power or official position (Article 205 of the Criminal Code), its place in criminal law, its connection with other official crimes. It also analyzes the increase in this crime in public life, corruption offenses and the origin of crimes. Signs of these and other official crimes are highlighted. Qualification issues in the competition of general and special official crimes are analyzed.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

scholarly journals Behavior Motives and Legal Study of Commercial Sex Workers Around Pemalang District Terminal Area

2020 ◽  
Vol 6 (1) ◽  
pp. 53-68
Author(s):  
Riyan Gunawan ◽  
Mirza Haris Mahendra ◽  
Hilmi Rizki Zakaria ◽  
Muhammad Qoyum
Keyword(s):  
Social Norms ◽  
Criminal Law ◽  
Sex Workers ◽  
Commercial Sex ◽  
Commercial Sex Workers ◽  
Legal Study ◽  
Social Forms ◽  
Current State ◽  
The Social ◽  
Terminal Area

Prostitution comes from the word prostitutio which means things to place, confront, offer. There are also other articles selling, peddling, but generally interpreted as surrender to many people by getting a reward for fulfilling that section of the person. Prostitution or prostitution is a serious problem and needs improvements that need to improve society, this disease develops very rapidly in the community. In addition to the social forms of social norms, prostitution is also a form of immorality in any religion that is not permitted and rejected. Although prostitution is issued in religion or law, many of these prostitution practices occur in Indonesia. Prostitution is a lucrative and promising business place for so many people to believe in their pride. It is necessary to establish a new criminal law legislation to provide legal attention to the imposition of sanctions aimed at commercial sex workers and users of services. Because the criminal law currently in force in Indonesia is considered not in accordance with the current state of Indonesia.

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