scholarly journals THE NORMATIVE RESOLUTION OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN “ON THE PRACTICE OF THE COURTS APPLYING THE CRIMINAL LAW IN CASES OF CRIMES RELATED TO VIOLATION OF THE RULES OF THE ROAD AND THE OPERATION OF VEHICLES” DATED JUNE 29, 2011, AND THE CRIMINAL LAW

2020 ◽  
pp. 69-75
Author(s):  
K.A. Bakishev
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Offence ◽  
The Road ◽  
Regulatory Decision ◽  
The Supreme Court ◽  
Sufficient Degree ◽  
The Republic

The Concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020emphasizes that the criminal law must meet the requirements of legal accuracy and predictability ofconsequences, that is, its norms must be formulated with a sufficient degree of clarity and based on clearcriteria that exclude the possibility of arbitrary interpretation provisions of the law. Meanwhile, an analysisof the Criminal Code of the Republic of Kazakhstan shows that some articles on liability for road transportoffences are designed poorly. For example, Art. 346 of the Criminal Code of the Republic of Kazakhstan ischaracterized by a combination of formal and qualified corpus delicti, as well as two forms of guilt — intentand negligence; in Art. 351 of the Criminal Code of the Republic of Kazakhstan, the circle of subjects of thecriminal offence was significantly reduced due to the unjustified exclusion of drivers of non-mechanicalvehicles. As a result, the Supreme Court of the Republic of Kazakhstan in the regulatory decree «On thepractice of the courts applying the criminal law in cases of crimes related to violation of the rules of theroad and the operation of vehicles’ of June 29, 2011 made a number of errors and contradictions that led todifficulties in qualifying the criminal offence and the appointment criminal punishment. Taking into accountthe law-enforcement and legislative experience of Kazakhstan and other countries in the field of ensuringtraffic safety, the author proposes amendments and additions to the named regulatory decision of theSupreme Court of the Republic of Kazakhstan to improve its quality and improve law enforcement practice.

scholarly journals PENTINGNYA RESTORATIVE JUSTICE DALAM KONSEP IUS CONSTITUENDUM

2020 ◽  
Vol 5 (2) ◽  
pp. 253
Author(s):  
Zico Junius Fernando
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
District Court ◽  
Long Distance ◽  
Law System ◽  
Compensation Mechanisms ◽  
The Supreme Court ◽  
The Republic

Abstract: The State of Indonesia is a state of law, the affirmation of this can be seen in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. The settlement of cases through the judicial system which results in a court verdict is law enforcement towards the slow path. This is because law enforcement through a long-distance, through various levels starting from the Police, Attorney General's Office, District Court, High Court and even to the Supreme Court which ultimately has an impact on the accumulation of cases which are not small in number in the Court and not to mention other effects. For this reason, it is necessary to proceed with the steps to compile invitations concerning the rights and obligations of citizens in the context of implementing the Pancasila and the 1945 Constitution. Renewal of the Criminal Code by its authors is positioned as the foundation for building a national criminal law system. Related to the Political Law of Criminal Law Renewal in the upcoming National Criminal Law there is a concept known as the Restorative Justice concept. Restorative Justice involves restoring relations between the victim and the perpetrator. The restoration of this relationship can be based on mutual agreement between the victim and the perpetrator. The victim can convey about the loss he suffered and the perpetrator was given the opportunity to make it up, through compensation mechanisms, peace, social work, and other agreements. Keywords: Restorative Justice; Legal Reform; RKUHP

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

scholarly journals FORMATION OF THE UKRAINIAN LEGAL DOCTRINE CONCERNING QUALIFICATION OF THE CRIMINAL OFFENSES COMMITTED BY THE ORGANIZED CRIMINAL GROUPS IN CONTEXT OF AMENDING CHANGES TO LEGISLATION ON CRIMINAL LAW

2021 ◽  
pp. 112-116
Author(s):  
D. Ptaschenko
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Doctrine ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Criminal Groups

The Article 1 of the Constitution of Ukraine regulates: Ukraine is a sovereign and independent, democratic, social, legal state. One of the destabilizing factors in building the rule of law is the commission of criminal offenses by organized criminal groups. Due to the changes in the criminal legislation during the last two years, the criminal law norms have undergone significant changes, which directly or indirectly affect the qualification of criminal offenses committed by organized criminal groups. Given the changes in criminal law, the qualification of criminal offenses committed by organized criminal groups requires uniform systemic approaches, primarily at the level of judicial law enforcement practice. The formation of the Ukrainian legal doctrine on the qualification of criminal offenses committed by organized criminal groups is one of the significant auxiliary guidelines in the formation of such law enforcement practice. To achieve this goal and the defined objectives, the following methods were applied in the study: logical and normative – for the analysis of criminal law on the qualification of criminal offenses committed by organized criminal groups; system analysis – when considering judicial law enforcement practice (first of all, the Supreme Court and the Supreme Court of Ukraine) of the qualification of criminal offenses committed by organized criminal groups. The legislation strengthens criminal liability for criminal offenses by organized criminal groups, in particular, as evidenced by the amendments to the Criminal Code under the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community" dated by the 4th of June 2020. Before the formation of new approaches to the doctrine of criminal law and law enforcement judicial practice on the qualification of criminal offenses (crimes), a specific part of which is provided by h.ch. 1-5 art. 255 of the Criminal Code, the indirect reference is the provision of the resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 №12 "On the practice of consideration by courts of criminal cases on crimes committed by stable criminal groups." Keywords: criminal offenses, criminal community, criminal organization, organized group, creation of a criminal community, leadership of a criminal community, organized criminal groups.

scholarly journals Court’s modification of category of gravity of the committed offence and implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation: problems of theory, legislative regulation, and law enforcement

2021 ◽  
pp. 59-84
Author(s):  
Kirill Igorevich Nagornov
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Closed Type ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Scientific Doctrine

Leaning on the analysis of the provisions of current legislation, clarification of the supreme judicial authority, scientific doctrine, case law materials and statistics, this article explores the implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation, after court’s modification of the category of gravity of the committed offence in accordance with the Part 6 of the Article 15 of the Criminal Code of the Russian Federation. The goal of this research lies in assessment from the perspective of the theory of criminal law of such specific procedure for implementation of disciplinary compulsory measures and herding to closed-type special institution, as well as identification of possible flaws and contradictions that may cause problems and ambiguous decisions in law enforcement practice. Attention is given to the existing contradictions between the provisions of criminal law and criminal procedure law, explanations of the Plenum of the Supreme Court of the Russian Federation, as well as legislative gaps and problems emerging in law enforcement practice in the context of provision set by the Article 92 of the Criminal Code of the Russian Federation in accordance with the Part 6 of Article 15 of the Criminal Code of the Russian Federation. Taking into account the sequence, grounds and conditions established by the legislator in the Part 6 of the Article 15 of the Criminal Code of the Russian Federation for the use of the latter, the conclusion is made on impossibility to apply compulsory educational measures in line with this norm. The article also substantiates the position infeasibility of preliminary imposition of penalty (de lege ferenda) on release of such with implementation of compulsory measures set by Part 1 and 2 of the Article 92 of the Criminal Code of the Russian Federation. The author also offers to supplement and rectify certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of May 15, 2018.

scholarly journals KAJIAN HUKUM KEWENANGAN PENYELIDIKAN ANTARA KEPOLISIAN, KPK DALAM PEMBERANTASAN PIDANA KORUPSI DARI KELEMBAGAAN NEGARA

2020 ◽  
Vol 17 (1) ◽  
Author(s):  
Sumiaty Adelina Hutabarat
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
The Supreme Court ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
National Police ◽  
The Relationship

<p>There are two law enforcement agencies combating corruption, namely the Corruption Eradication Commission (KPK) and the Police, having the same authority, but in implementing authority there are differences, for example in the application of laws that govern the two institutions.The problem that becomes the study of this research is how the problem of the existence of the KPK as an institution to eradicate corruption has the authority regulated in RI Law No. 30 of 2002 concerning the Corruption Eradication Commission, whose authority lies with the Police regulated in RI Law No. 2 of 2002 concerning the National Police of the Republic of Indonesia which refers to the Criminal Code The results of the study showed that the resolution of the dispute between the Police and the Corruption Eradication Commission in the investigation of corruption was carried out by coordinating the Corruption Eradication Commission and the Police in Corruption Criminal Investigations. Law number 30 of 2002 concerning the Corruption Eradication Commission regulates the relationship between the performance of the KPK and the Police regarding investigations, investigations and prosecutions.Settlement of authority disputes between the Police and the KPK should be the authority of the Supreme Court, due to judicial review under the Supreme Court Law. The right to test the law is the application of a balanced and balanced government. The Corruption Eradication Commission was formed by the Law 30/2002 whereas the Indonesian Police was formed by the 1945 Constitution, article 30 paragraph 4.</p><p><strong>Keywords : <em>Authority, investigation, KPK</em></strong></p><p><strong> </strong></p>

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

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.

7 The Supreme Court and Northern Ireland

2019 ◽  
Author(s):  
Dickson Brice
Keyword(s):  
Law Enforcement ◽  
Northern Ireland ◽  
Supreme Court ◽  
Criminal Law ◽  
The State ◽  
Good Friday ◽  
The Supreme Court ◽  
Good Friday Agreement

This chapter begins by considering the arms trial in the early 1970s and outlines the gist of the Sunningdale Agreement in 1973 before considering the challenge to that Agreement dealt with by the Supreme Court in the Boland case. There follows an examination of the Court’s views on the constitutional status of Northern Ireland in McGimpsey v Ireland, decided in the wake of the Anglo-Irish Agreement of 1985, and on the constitutionality of the Belfast (Good Friday) Agreement in the Riordan case. There is an analysis of Law Enforcement Commission’s report and of the Court’s views on resulting Criminal Law (Jurisdiction) Bill 1975. The focus next moves to the shifting views of the Supreme Court on when it is appropriate to extradite suspected terrorists to Northern Ireland. Cases concerning Dominic McGlinchey, Séamus Shannon, Robert Russell, Dermot Finucane and Owen Carron are examined, as is the state of extradition law today.

scholarly journals Exixtence of Indonesian Advocate Profession

2018 ◽  
Vol 7 (3.21) ◽  
pp. 317
Author(s):  
M Zamroni ◽  
. .
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Code ◽  
Pecking Order ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Before And After ◽  
Law Enforcement Officials ◽  
The Law ◽  
The Republic

Hope to have legislation that specifically set while an umbrella in running materialize advocate profession, lawyers are more confident in addition to other law enforcement officials, such as judges, prosecutors and police, as well as respected as an equal partner in the law enforcement process. But the big question is how the existence of the profession of advocate Indonesia before and after the enlawment of Act Number 18 of 2003 concerning the Advocate, as well as any constraints that occur in their implementation. The rule of law relating to the profession of advocate before the enLawment of Act Number 18 of 2003 concerning The Advocate, scattered in various laws, such as Act Number 1 of 1946 on the Law of Criminal Code, Act Number 1 of 1950 on the Supreme Court, Emergency Act Number 1 of 1951 governing temporary measures to organize the unity of the pecking order and civil court events, and Herziene Indlandsch Regalement (HIR). Before the release of Act Number 18 of 2003 concerning Advocates, advocate the use of the term in prLawice there has been no standard for the profession. In various provisions of the legislation of any inconsistency pr. For example Act Number 14 of 1970, as has been replaced by Act Number 35 of 1999, and was replaced again by Act Number 4 of 2004 as well as the latter is replaced by Act Number 48 of 2009, regarding the power of Justice, to use the term legal aid and lawyers. Birth of the Act of the Republic of Indonesia Number 18 of 2003 concerning The Advocate is the expectation of a long delayed during the 58 years since the independence of the Republic of Indonesia, the laws governing the profession of advocate a free, independent and responsible for the implementation of a judicial honest, fair, and legal certainty for all seekers of justice in upholding the law, truth, justice, and human rights.  

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

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