scholarly journals A COMPARATIVE ANALYSIS OF THE INSTITUTION OF CRIMINAL LIABILITY OF MINORS WITH FOREIGN COUNTERPARTS

2020 ◽  
pp. 31-37
Author(s):  
A.P. Detkov ◽  
E.P. Safonova

In the criminal legislation of any state, the legal status of a minor includes many specific features. Thearticle provides a brief analysis of the institution of criminal liability of minors using the example of the EAEUmember countries and non-CIS countries.

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.


Author(s):  
Yu.V. Leka

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.


2020 ◽  
Vol 4 (48) ◽  
Author(s):  
Oleksandr Bilovol

The criminal liability for economic violence in Ukraine as one of the types of domestic violence was analyzed in the article. Interpretations of such types of economic violence as intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without care or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, ban to work, coercion to work, ban to study and also other offenses of economic nature. It was established that the intentional deprivation of housing, food, clothes, other property, money or documents should be understood as conditions under which the victim cannot use this property in full because it has been spent on the guilty person’s own needs, transferred to third parties, destroyed or damaged, etc. It was noted that the relevant property may belong to the offender or the victim. In turn, deprivation of the opportunity to use this property means that the victim is either limited in time to use these items, that is cannot use them constantly, but only for a certain time or with a certain frequency and/or cannot use this property to the extent which deems it necessary. Separation of these types of economic violence from crimes such as abuse of guardianship rights, evasion of alimony payment for child support, evasion of money payment for keeping of disabled parents, and malicious failure to care for a child or a person in custody or care was done. It was stated that committing such a type of economic violence as a ban on work or unlawful force to work, the offender against the will of the victim at his own discretion determines whether the victim has the right to realize his right to work or vice versa to force the victim against his will to work or overwork or perform the work chosen by the offender himself, not the victim. In this case, the aggressor may not work himself at all. This type of economic violence was separated from such crimes provided by other articles of the Criminal Code of Ukraine as the exploitation of children and the use of a minor child for begging. The attention was focused on the fact that the list of types of economic violence for which criminal liability may occur has an open character. This approach of the legislator makes the norm more flexible in application but significantly complicates its interpretation.


2018 ◽  
pp. 73-78
Author(s):  
Yevgeny Petrovich Kim

The subject of the study is the criminal responsibility of minors as an independent institution of criminal law. The purpose of the analysis is to reveal the peculiarities of bringing a person to criminal liability. The methodology of the study is based on a combination of formal legal and comparative legal analysis, which made it possible to establish criteria for assessing the age of criminal responsibility. The main results of the study contain conclusions on the achievement of a certain age by a person as one of the necessary conditions for recognizing a crime as a subject. The specifics of the criminal liability of minors are due to the age and socio-psychological characteristics of this group of persons, the incompleteness of the formation of their personality, the best receptivity to punitive and educational measures. Taking into account the characteristics of a minor acquires special significance when choosing the necessary measure of a criminally-legal, educational nature. The chosen measure of impact with minimal costs of criminal repression should give a warning effect.


2020 ◽  
pp. 100-105
Author(s):  
N. E. Krasnova

The topic discussed in the article is extremely relevant, since today systematic work is being carried out to reduce the growth of offenses and crimes of minors, as well as to increase the effectiveness of prevention and prevention of offenses committed by minors. The problems arising from juvenile delinquency are of particular concern to both society and the state, and the problem of administrative responsibility of minors has also worsened. The reason for this lies in the reform of the country’s current legislation governing the policy of determining the boundaries of responsibility of minors, also plays a certain role and the real increase in offenses committed by minors. The aim of the work is to investigate the peculiarities of bringing minors to administrative responsibility. In the process of writing the work, the formal-logical method, the method of comparative analysis, as well as the technicallegal method were used. In the process of consideration of the above-mentioned topic, the author revealed the content of bringing minors to administrative responsibility, as well as the concept and conditions of bringing minors to administrative responsibility, investigated the age of a minor, determining his administrative and legal status, and also gave a characteristic of administrative responsibility applied to juvenile offenders. It was concluded that the expediency of administrative punishment arises when the persons recognized by the relevant authority guilty of committing an offense and guilty of committing an offense. The person and age enter thus as the independent basis of application of measures of administrative punishment.


Author(s):  
Yulia O. Goncharova

The article analyses the technique of regulating war crimes in the Criminal Code of the RSFSR of 1960. The author notes the need for a retrospective analysis of the legislative technique of war crimes in order to consider this type of crime most holistically. Despite the existence of discussions in the theory of criminal law about the concept of legislative technique and the elements included in it, the author interprets legislative technique as a set of means and techniques used to give the content of legislative norms an appropriate form. This article also notes the need to distinguish the category of «war crimes» in the criminal legislation of the Russian Federation, as this term is widespread in international criminal law. The author attributes the following provisions of the Criminal Code to war crimes: Article 356 («Application of prohibited means and methods of warfare»), Article 357 («Genocide») and Article 359 («Menary»). The author conducts a comparative analysis of the legislative technique of the norms on criminal liability for war crimes of the current criminal legislation and criminal legislation of the Soviet period. From the analysis, some features of the technique of regulating war crimes of the Soviet period are revealed, namely: a) most of the elements of war crimes were designed using the casual reception of legislative equipment; b) the Soviet legislator used a direct way of presenting the norms without applying references; c) the note was used to build some formulations of war crimes, but did not This paper also examines a number of imperfections in the technique of regulating war crimes in the 1960 Criminal Code.


Animals ◽  
2020 ◽  
Vol 10 (6) ◽  
pp. 1024
Author(s):  
Szilvia Vetter ◽  
Anita Boros ◽  
László Ózsvári

The criminal legislation regarding zoophilia and the legal status of animals were examined in 15 European countries. With regard to zoophilia, answers to the following questions were sought: are sexual acts performed with animals and the possession and distribution of animal pornography criminally punishable? Several aspects of the legal status of animals were examined including: (1) is the protection of individual animals included in the constitution, (2) do animals have a special status beyond mere objects, (3) can we find specific legislative provisions that explicitly state that animals are not simply things, and (4) does the legal system also take the “dignity” of animals into consideration. The assessment of zoophilia and the legal status of animals resulted in two country rankings, which the authors compared with each other. The correlation was not significant (p = 0.3147). At the same time, countries with differentiated criminal legislation for zoophilia were also 3.62 times more likely to rank higher in terms of the legal status of animals. The Swiss regulations are exceptional in both respects, while at the other end of the list, Italy does not have specific legislative provisions for either aspect.


Author(s):  
Инга Пантюхина ◽  
Inga Pantyukhina ◽  
Любовь Ларина ◽  
Lyubov Larina

The article conducts comparative research of criminal laws of Latvia and Russia regarding protection of sexual inviolability of minors. It reveals strengths and weaknesses of laws in both countries. The comparative analysis shows that the Latvian legislation contrasts favorably in regulation of all forms of nonviolent sexual contacts by a full age person with a person under the age of sixteen years as part of single corpus delicti; in legal interpretation of sexual abuse, in establishment whether it is violent or non violent, specification of their modus operandi. The Criminal Code of the Russian Federation better regulates a victim’s age in nonviolent sexual abuse of minors (12—16 years); the Code recognizes persons under the age of twelve years helpless; it differentiates criminal liability within the qualified offence. In Latvia the system of punishments for these crimes is more logical, whereas in Russia they are excessively differentiated that leads to the absence of demand for the upper limits of sanctions. The authors pay special attention to the rule of the Latvian Criminal law providing responsibility for inducement to sexual activities. There is no similar structure in the Criminal Code of the Russian Federation therefore such offences often remain nonpunishable. In conclusion the authors note that mutual use of the revealed positive moments of the studied norms can raise the level and quality of protection of sexual inviolability of younger generation in both countries.


2018 ◽  
Vol 8 (7) ◽  
pp. 2227
Author(s):  
SorinBolat Erkenovich SHAIMERDENOV

The criminological and criminal law counteraction to criminal offences of a sexual nature against minors are studied in this article. The aim of the article is to analyze the methods of preventing crimes against the sexual inviolability of minors, and to study the legal norms on the crimes against the sexual inviolability of minors contained in the national criminal legislation of Kazakhstan and in the legislation of a number of foreign countries. The international organizational and legal experience of protecting minors from sexual assault, the norms of the criminal legislation of Kazakhstan and the legislation of a number of foreign countries on crimes against the sexual inviolability of minors are studied herein; the conclusions and recommendations for the further improvement of the preventive measures and the criminal legal protection of minors from encroachments on their sexual inviolability are formulated. Based on the study of the research materials on criminology and the experience of foreign countries in the field of counteracting crimes against the sexual inviolability of minors, the methods of eliminating the causes and conditions for criminal acts of the category in question are suggested, the proposals for further improvement of the criminal legislation of the Republic of Kazakhstan in terms of protection of minors from sexual assault are formulated by the author. In particular, the necessity of formulation of a number of independent norms on crimes of a sexual nature against minors, taking into account the age characteristics of victims, and also the necessity to increase the criminal liability for incest with the participation of a minor is substantiated. The main provisions and conclusions of this article can be used in scientific and pedagogical activities when considering the issues of crime prevention and the comparative characteristics of the norms on crimes against the sexual inviolability of minors in Kazakhstan and foreign countries, as well as in the course of subsequent reforming of the criminal legislation norms in the field of sexual freedom and sexual inviolability of the person.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


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