scholarly journals Comparative Legal Analysis of the Criminal Law Liability for Improper Performance of the Professional Duties

2017 ◽  
pp. 91-96
Author(s):  
Шухратжон Хайдаров ◽  
Shuhratzhon Haydarov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Analysis ◽  
Right To Life ◽  
Foreign Countries ◽  
Constitutional Right ◽  
Criminal Legislation ◽  
Constituent Elements ◽  
Important Constituent

On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals Comparative and legal analysis of appying compulsory measures of educational nature to minors in Ukraine and some foreign countries

2020 ◽  
Vol 2020 (3) ◽  
pp. 79-88
Author(s):  
Yermak O.V. ◽  
◽  
Suprun H.H. ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Scientific Paper ◽  
The State ◽  
Legal Analysis ◽  
Public Attention ◽  
Coercive Measures ◽  
Foreign Countries ◽  
Criminal Legislation

Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, the authors turned to the legislation on criminal liability, which regulates the application of similar measures in foreign countries. This article is devoted to the study of coercive measures of educational nature against minors in Ukraine and abroad. In this scientific paper the comparative criminal-legal analysis of the concept and types of coercive measures of educational character concerning minors provided by the Criminal Code of Ukraine (further – CC of Ukraine) with similar norms of the criminal legislation of foreign states regulating questions of special criminal-legal measures concerning persons who at the time of committing a criminal offense did not reach the age of eighteen is carried out. The comparative analysis of the criminal legislation on applying coercive measures of an educational nature in Ukraine is carried out in comparison with the criminal laws of Switzerland, Latvia, Georgia, Bulgaria and Italy. The general conclusion is made in the article that the norms of the current Ukrainian criminal legislation need to be amended, improved and further adjusted both by scholars and by the legislator. Key words: coercive measures, criminal-legal measures, other measures of criminal-legal character, minors.

scholarly journals CRIMINAL POLICY OF RUSSIA IN THE SPHERE OF COMBATING ILLEGAL DRUG TRAFFICKING (from the 70's to the present day)

2018 ◽  
pp. 24-30
Author(s):  
Alexey Vitalievich Sumachev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Drug Trafficking ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Illegal Drug ◽  
Criminal Legislation

The article describes the formation and development of the institution of criminal liability for crimes related to drug trafficking in the domestic criminal legislation. Based on the analysis of changes in the criminal law in the regulation of social relations in the field of drug trafficking, an attempt is made to trace the process of formation of a modern criminal law concept of combating their illegal trafficking

HISTORICAL AND LEGAL ANALYSIS OF THE DEVELOPMENT OF EXTREME NECESSITY AS A CIRCUMSTANCE PRECLUDING THE CRIMINALITY OF AN ACT

2021 ◽  
pp. 83-90
Author(s):  
M. G. Nikitenko ◽  
E. E. Nikitenko
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Canon Law ◽  
Historical Development ◽  
Criminal Liability ◽  
The State ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Criminal Legislation ◽  
Medieval Canon Law

The article presents an analysis of the historical development of extreme necessity as an institution of criminal law. The authors examines the peculiar views of Roman jurists on the possibility of exemption from criminal liability in connection with injury to the state of emergency, the specifics of medieval canon law, assessment of Russian lawyers of the institute of extreme necessity. Conclusions about the peculiarities of the evolution of the norms of extreme necessity in criminal legislation on the basis of a retrospective analysis of the sources of criminal law are made.

scholarly journals Criminal liability as a means of counteracting sanitary and epidemiological rule violations in a pandemic

2021 ◽  
Vol 118 ◽  
pp. 03010
Author(s):  
Andrey Vladimirovich Makarov ◽  
Larisa Vladimirovna Makogon ◽  
Oleg Vyacheslavovich Firsov ◽  
Aleksandra Sergeevna Zhukova
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Main Idea ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Federal Law ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.

scholarly journals GENESIS OF CRIMINAL LIABILITY AND THE PREVENTION OF CORRUPTION CRIMES IN UKRAINE

2020 ◽  
pp. 124-130
Author(s):  
A. V. Borovyk
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Historical Context ◽  
Strict Sense ◽  
Social Challenges ◽  
Complex Concept ◽  
The Past ◽  
Foreign Countries ◽  
Large Scope

This article presents a view on peculiarities of criminalization of acts of corruption (corrupt practices, offences) and on their prevention in Ukraine in different historical times. Besides, a personal variation of periodization of this practice has been introduced that allows performing the comparison of correspondent corruption phenomena in foreign countries with classification of genesis. It has been established that acts of corruption fixed in written sources have been developing during rather long time. In the criminal laws of state formations on the territory of Ukraine of past ages there were no direct indications on “corruption-related” crimes (offences), their list and specific types, and therefore, we define the most typical forms of their objectivization as “corruption expression”, “corruption practices”, “acts of corruption”, etc., which could have various forms of their external manifestation and which in different ages had various names (“sacrifice”, “offering gifts”, “palm greasing”, “bribability”, “sin”, “extortion”, “feeding”, “bribetaking”, “venality”, “bribery”, “favouritism”, etc.). If to speak about measures to prevent acts of corruption, it has to be mentioned that within a historical context they cannot be characterized by systemacity, large scope, correspondent levels, and other important features. Only in 2014 the concept of corruption-related crime was firstly introduced into the criminal law of Ukraine of 2001 as a consequence of implementation of provisions of correspondent international Anti-corruption Conventions of previous decades. Phenomenality of corruption crimes is tightly connected with the absence of any historical example of its complete liquidation both in a separate state and within separately determined chronological period. Corruption as one of the oldest phenomena in social relations has continuously been altered and modified throughout history and new forms of its expression have appeared due to complication of political and economic order. Taking into consideration the aforesaid, in order to have comprehensive understanding of modern issues of criminal liability and prevention of corruption-related crimes (corruption-related offences) in Ukraine, it is actual to appeal to an estimation of practice of the fight against various acts of corruption and their prevention in correspondent state formations of the past ages from the perspective of its optimality, reasonableness, and correlation with political, economic and social challenges of the life in those days. Besides, the comparison of periodization of criminal liability development and corruption-related crimes in Ukraine and in foreign countries would be of great importance as such investigations are practically non-existent. At the same time we understand that we may actually speak about criminal liability just for corruption-related crimes and their prevention (both on national and worldwide basis) in a strict sense taking into consideration only the last hundred years, that means the period, when the term “corruption” and its derived concepts have become steadily used in policy, regulatory legal acts, and legal literature, when international Anti-corruption Conventions have been adopted, basing on which the correspondent provisions in the criminal law of some specific countries have been approved and reformed thereafter, and also anti-corruption programs (laws) have been developed. However, the diverse corruption phenomena of the past (sacrifice, offering gifts, palm greasing, extortion, “feeding”, “bribetaking”, “venality”, bribery, etc.) have formed the basis for appearance of modern complex concept of “corruption-related crime (corruption-related criminal offence)”.

CRIMINAL LIABILITY FOR BREACH OF CONFIDENTIALITY REGIME IN RUSSIAN AND FOREIGN LEGISLATION

2021 ◽  
pp. 32-48
Author(s):  
Gulfia G. Kamalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Analysis ◽  
Legal Regime ◽  
Global Trends ◽  
Limited Access ◽  
Legal Method ◽  
Criminal Legislation

The subject of the work is the status and prospects of criminal law liability for various violations of the special legal regime of legally protected secrets. Considering the specifics of criminal liability for violation of confidentiality of information, experts traditionally focus on certain legally protected secrets and a detailed analysis of the relevant corpus delicti, which does not allow to cover the problem of protection of information of limited access by criminal law means as a whole. The author of this article performed a comprehensive legal analysis of criminal liability for violation of legal regime of secrets protected by law and other restricted information on the basis of a set of unlawful acts of non-compliance with the requirements of the regime. Methodologically, the study is based on a set of modern general scientific and private legal methods. It is based on the comparative legal method, which allows to compare the norms of criminal legislation of Russia, CIS countries, European and other states. The author draws attention to the existing differences and notes that some provisions of the modern Russian criminal law do not meet the requirements of the time, modern challenges and threats of the global information society in the conditions of building a digital economy. Based on a generalized analysis of the regulatory legal framework of the Russian Federation, foreign states and existing doctrinal views, the conclusion is made about the unsystematic composition of crimes aimed at violating the legal regime of secrets protected by law and other information of limited access. The author additionally notes the need to separate eco-nomic espionage and intentional disclosure of trade secrets into separate corpus delicti. Certain shortcomings of the Russian criminal law is the lack of corpus delicti aimed at the protection of legal regimes of professional and official secrets, personal data. Taking into account changes in the attitude to the institution of adoption and global trends in the protec-tion of children's rights, the possibility of decriminalisation of the disclosure of adoption secrets in modern conditions has been argued. The above and other problems identified in Russian criminal law with regard to the protection of legally established secrets and other restricted information are aimed at improving criminal legislation.

THE SYSTEM OF CRIMES AGAINST LIFE: DEVELOPMENT OF LEGISLATION TRENDS

2019 ◽  
pp. 45-54
Author(s):  
Viktoriya Vladimirovna Khatuayeva ◽  
Kseniya Alekseyevna Soskova
Keyword(s):  
Medical Care ◽  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
Rights Protection ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Constituent Elements

The relevance of the study is due to the fact that at present it is possible to recognize crimes against life as one of the main threats to national security. The aim of research is to analyze the crimes system with considering object of assault, to identify trends in the development of the current criminal legislation. In this system, there are three subsystems of crimes, the object of which is human life: murder, infliction of death by negligence and incitement to suicide and related constituent elements of a crime. We give the criminal law characterization of murder as intended infliction of death to another person. It is stated that the infliction of death by negligence differs from murder only in the form of guilt. We support and justify the medical crimes structural separation. We give as an example the statistical data according to which every year on part 2 of article 109 of the Criminal Code of the Russian Federation from 65 to 126 people are condemned. It is indicated that it is impossible to establish the number of medical workers prosecuted for this crime. In addition, it is concluded that such statistics are not comparable with the number of complaints filed by patients in connection with inadequate medical care, as well as with data, for example, the Office of Russian Federal Service for Surveillance on Consumer Rights Protection and Human Wellbeing (Rospotrebnadzor) in the Voronezh Region on the frequency of discrepancies between clinical and pathological diagnoses, indicating a serious problem in the provision of medical care. We characterize the reformed institution of criminal liability for incitement to suicide. We made conclusion that the criminal law policy in the sphere of combating crimes against life is characterized by the expansion of the list of socially dangerous acts recognized as criminal.

scholarly journals Environmental law and reconciliation with a representative of power under criminal law of Russia

2021 ◽  
Vol 244 ◽  
pp. 12021
Author(s):  
Sergey Zakharchuk
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Environmental Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Statistical Information ◽  
Legal Analysis ◽  
Criminal Legislation ◽  
First Time ◽  
Order Of Administration

Domestic criminal legislation provides for possibility of releasing from criminal liability a person who has committed a crime of small or medium gravity for the first time, provided that he/she has reconciled with the victim and made amends for the harm caused. Comparative legal analysis shows that similar norms are found in the criminal laws of foreign states. The article discusses issues related to the possibility of terminating a criminal case in connection with the reconciliation of parties in the event that a victim is a representative of authorities. As a result of analysis of scientific positions on this issue, as well as corresponding law enforcement practice, ambiguity in approaches to its solution was revealed. The presence of certain contradictions in the area under study is also confirmed by statistical information. The author substantiates the position on the need to establish a ban on exemption from criminal liability in connection with reconciliation with the victim, if a crime is committed against justice or the order of administration, and the victim is a representative of authorities. In this case, the victim acts as an additional objective manifestation of encroachment, and therefore, reconciliation cannot eliminate the harm done to the interests of the state - the main object of criminal encroachment. In order to resolve the problem, it is proposed to amend Article 76 of Criminal Code of Russian Federation.

scholarly journals Criminal environmental protection: international practices and priorities for improving

2021 ◽  
Vol 12 (33) ◽  
pp. 102-120
Author(s):  
Oleh Kyrychenko ◽  
Yuliia Khrystova ◽  
Oleksandra Skok ◽  
Taisiia Shevchenko ◽  
Oleh Litun
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Documentary Sources ◽  
Foreign Countries ◽  
The Social ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The purpose of the research is to reveal international practices, criminal law protection and the system of punishments for environmental crimes in the field of environmental protection. Main content. The paper uses a comparative method to study the criminal environmental protection international practices of some European Union countries, in particular Spain, Germany and Austria. In addition, the study of model criminal law standards of the EU made it possible to evaluate them as a factor that leads to the unification and universalization of the criminal legislation of the EU countries in the field of environmental protection, harmonization of criminal law and related sectors. Methodology: Research of materials and methods based on the analysis of documentary sources and regulatory legal acts of foreign countries. The dialectical method of cognizing the social reality facts is the basis on which the formal legal and rather-legal approaches are largely based. Conclusions. The absence of developed unified approaches to its unification and practical application in the countries of Europe and Asia has been established. Attention is focused on the attempt of individual countries (the Republic of Poland, the Republic of Lithuania) to determine the criteria for the correlation of main and additional punishments, to establish criteria for the equivalent application of sanctions related to isolation and without isolation, and also to expand the boundaries of judicial review in the field of setting the degree and type of measures of criminal liability, depending on the factual and legal circumstances of the criminal case.

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