Types of Probation under Legislation of the Republic of Kazakhstan and the Problems of their Development

2018 ◽  
Vol 8 (7) ◽  
pp. 2188
Author(s):  
Aliya B. KYSTAUBAYEVA ◽  
Oxana B. FILIPETS
Keyword(s):  
Justice System ◽  
National Policy ◽  
Legal Framework ◽  
Criminal Code ◽  
State Service ◽  
Economic Changes ◽  
Criminal Sanctions ◽  
Probation Service ◽  
The Republic ◽  
Development Prospects

One of the most relevant and acute problems of the modern legal science in the Republic of Kazakhstan is the creation of national probation model. As for today this element, without which it is just impossible to imagine any modern national system of penal justice, remains quite undeveloped in Kazakhstan and thereby attracts attention of scientists and practicians. Besides, probation is the integrated part of penal justice system of many countries and the result of democratic society development stipulated by almost two hundred years of probation issueselaboration. In the present paper authors set the task of finding out which elements should comprise probation in the Republic of Kazakhstan, defining its development prospects and analyzing positive economic changes in connection with probation introduction. Authors have studied existing legal framework to ground the necessity of introducing of thorough probation mechanism, which implies assurance of society security by correction of convicts and prevention of repeated criminal offences committed by them. It should be noticed that both – the criminal law and the criminal procedure in general – represent one large integral system. And up to date national policy deals with such a component of the system as humanization of punishment. It has been established that the Criminal Code of the Republic of Kazakhstan has introduced a number of new types of criminal sanctions representing an alternative to deprivation of freedom and also provides the possibility of relief from enduring the punishment under conditions that guarantee the convict can mend without it. Authors mention the control for execution of such punishment types is imposed on penal inspection of the State penal service. Therefore, the additional loads on the penal inspection and reorientation of its activities to performance of social preventive functionsraise an issue aboutfeasibility of creation of probation service, which would have more legal and social powers and deal with the matters of convicts’ resocialization. Analysis of advanced European countries’ experience demonstrates the execution of alternative punishment types is carried out by specialized state service out of police and prison facilitiestheprobation service.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

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.

scholarly journals Sentencing and enforcement of the prison sentence served in the premises where the convicted person resides: The so-called house arrest

2020 ◽  
Vol 54 (3) ◽  
pp. 999-1022
Author(s):  
Dragiša Drakić ◽  
Ivan Milić
Keyword(s):  
Criminal Code ◽  
Criminal Sanction ◽  
Prison Sentence ◽  
Criminal Proceedings ◽  
House Arrest ◽  
Criminal Sanctions ◽  
Penal Institution ◽  
Long Time ◽  
Legal Position ◽  
The Republic

The rule that convicted persons serve their sentences exclusively in prisons has not been valid in the Republic of Serbia for a long time. Prison sentences may also be executed in the premises where the convicted person resides. Such a solution is introduced by the 2009 Law on Amendments and Supplements to the Criminal Code. The Criminal Code does not prescribe the punishment of a prison sentence served in the premises where the convicted person resides as a special punishment. Instead, the offender is sentenced to imprisonment, which is then executed in the premises where he lives. In criminal proceedings, the court is obliged to individualize the criminal sanction in a way that takes into account objective and subjective circumstances - the circumstances relating to the committed crime and its perpetrator. There are such perpetrators who it is necessary to sentence to prison, but who should not be sent to a penal institution. The prison sentence may also be served in premises where they reside (with or without electronic surveillance). Although, in a legally-binding sentence, the accused is sentenced to imprisonment in a penal institution, this does not necessarily mean that he will be placed into a penal institution to serve his sentence. The amendments and supplements of the Criminal Code leave an "opportunity" for the convict to serve his sentence in the premises where he resides, if the prescribed conditions are met. This is only a possibility which may be decided on by the judge in charge of executing criminal sanctions. If it is decided that the convicted person shall serve his sentence in the premises where he resides, the next step is the execution of the sentence. Not all convicted persons who are serving their sentence in this way are in the same legal position, as there is individualization in the process of executing a sentence as well. This difference is apparent, above all, in the amount of time that a convict is allowed to spend outside of the premises in which he resides. The focus of the authors' attention is precisely the punishment of imprisonment served in the premises where the convict resides (the so-called house arrest). The authors deal with material aspects and aspects of execution of the sentence. This paper focuses, among other matters, on the conditions for sentencing, models of execution of the sentence and the legal position of the convicted person while serving his sentence.

scholarly journals THE IMPLEMENTATION OF CRIMINAL SANCTIONS IN CRIMINAL CODE AGAINST CRIMINAL ABORTION ACTION BASED ON JUSTICE VALUE

2017 ◽  
Vol 4 (2) ◽  
pp. 161
Author(s):  
Hanuring Ayu Ardhani Putri
Keyword(s):  
Human Rights ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Right To Life ◽  
Criminal Sanctions ◽  
The Family ◽  
Health Expert ◽  
The Republic ◽  
The Right ◽  
Health Experts

The right to life is one of the human rights listed in the Constitution of the State as described in Article 28 (a) of the 1945 Constitution of the Republic of Indonesia. Abortion often occurs in this village. The health expert has not yet given a definitive response, vaguely seen the agreement that abortion can be done by considering the cause, the future of the child and the psychological reason of the family, especially the mother, provided that it is done in ways that meet certain conditions and conditions. So also with social experts who have a view that is not much different from health experts. This study aims to analyze the rights of women from the perspective of human rights and the application of criminal sanctions for perpetrators of criminal acts of abortion. This research method using normative juridical, which both research data obtained from references of literature and applicable legislation, and analyze from court decision. It is concluded that the application of criminal sanction by Judge to perpetrator of abortion crime in Indonesia is still very low compared to criminal threat contained in Criminal Code.

scholarly journals CONSTRUCTION OF CHILDREN UNDER 12 YEARS OF AGE IN CONFLICT WITH THE LAW IN THE CHILD CRIMINAL JUSTICE SYSTEM IN INDONESIA

2021 ◽  
Vol 9 (10) ◽  
pp. 252-260
Author(s):  
Eko Iswahyudi ◽  
◽  
I. Nyoman Nurjaya ◽  
Nurini Aprilianda ◽  
Bambang Sugiri ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Community Service ◽  
Justice System ◽  
Criminal Responsibility ◽  
Literature Study ◽  
Criminal Sanctions ◽  
Legal Obligations ◽  
The Law ◽  
The Republic

In the Act No. 11 of 2012 about the Juvenile Criminal Justice System, it explains the age limit for juvenile criminal responsibility for those who commit criminal acts, as regulated in Article 1 point 3. The children between 12 (twelve) years old and 18 (eighteen) years old are suspected of committing a crime. The purpose of this study was to analyze the construction of the regulation of children under the age of 12 in the Constitution of the Republic of Indonesia Number 11 of 2021 on the Juvenile Criminal Justice System. This type of normative legal research uses a statute approach and a case approach through a literature study. The results of the research on the Construction of Regulations for Children under the Age of 12 in Act Number 11 of 2021 concerning the Juvenile Criminal Justice System as Children in Conflict with the Law. There is a need for additional rules or amendments to the provisions of criminal sanctions for children, where criminal sanctions will be given to children aged at least 10 years, where these rules consist of basic criminal sanctions, such as community service or supervision, job training, coaching in institutions. This sanction is carried out by considering the rights of children as perpetrators, children as victims and children as witnesses who are underage, without eliminating the implementation of applicable legal obligations.

scholarly journals Pengaturan Sanksi Pidana Bagi Pelaku Pembakaran Hutan

2021 ◽  
Vol 2 (2) ◽  
pp. 313-319
Author(s):  
Sang Bagus Nyoman Wahyuda Putra ◽  
I Nyoman Gede Sugiartha ◽  
Luh Putu Suryani
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Criminal Code ◽  
Administrative Law ◽  
Legal Basis ◽  
Criminal Sanctions ◽  
Legal Code ◽  
Regulation Scheme ◽  
The Republic ◽  
Statutory Regulation

The base burning which is getting more and more massive every year in the archipelago because of the large number of land clearing by burning forests. For this reason, the burning of the widening of the plinth can cause natural destruction to disturb the fitness of the residents, to be quietly located, and to obtain a good and fit nature of life, which is the feasibility of such citizens as voiced in Article 28 h paragraph (I) of the 1945 Constitution of the Republic of Indonesia. The purpose of this study was to determine the legal arrangements for forest burning agents and to know the criminal sanctions for forest fire offenders. The method used in the preparation of this research is a normative legal study using a problem study using a legal basis that applies to laws and regulations contained in the literature. The method used for the following research is juridical normative, analytical descriptive in nature, and using the statutory regulation scheme, the executor of the scorching action of bases and land that continuously carries out scorching grounds should be carried out under criminal law, civil law in the form of penalties and administrative law takes the form of abolishing the business permit management permit. Law Number 41 Year 1999 Law Number 19 Year 2004 regarding Reason, Law Number 32 Year 2009 regarding Environmental Protection and Management, Civil Code, Criminal Code and Legal Code The administration, in fact, is unable to make a sense of the craving for the executors of the crime of burning forests and land who carry out scorching of bases and land because there is still a problem of burning the base.

scholarly journals Criminal-Legal and Criminological Features of the Prevention of Corruption Crime in the Republic of China in the middle of the second decade of the XXI century

2017 ◽  
Vol 4 (3) ◽  
pp. 167-175
Author(s):  
P N Kobets
Keyword(s):  
System Analysis ◽  
Legal Framework ◽  
Criminal Code ◽  
Practical Significance ◽  
Industrial Growth ◽  
Republic Of China ◽  
General Scientific ◽  
The Republic Of China ◽  
The Republic ◽  
Historical Methods

Subject of study are the legal and organizational basis of counteraction of corruption crime in the Republic of China and measures for its counteraction. In the process of working on a publication the author uses a set of such General scientific research methods as comparison, analysis, synthesis, and formal-logical, comparative-legal and other methods including: statistical and historical methods. The author attempts to describe the complex of problems of both theoretical and applied nature, related to the functioning and improvement of anti-corruption crime in China. They conducted the analysis of the legal framework, the characteristics of the legal techniques relating to the criminal prohibitions of corruption and number of organizational measures aimed at preventing crimes of corruption. In the process of the study addressed the provisions of existing acts of law-making in the field of combating corruption: the Constitution of the PRC, the criminal code of the PRC, laws and regulations, party and departmental documents. The author comes to the conclusion that criminal and disciplinary sanctions are the most commonly used measures in the fight against corruption worldwide and this feature is most clearly evident in China, where such repressive mechanisms represent the main levers of the fight against the considered phenomenon. The necessity of studying the legislative experience of China in the sphere of counteraction of corruption for its application by the Russian legislator, taking into account national specifics of the domestic legal culture and legal practice. Scientific novelty of research is defined by the system analysis of complex counteraction of corruption crime in China. The practical significance of the work lies in the fact that the mastery of the positive and negative sides of the experience of combating corruption crime in China can be used in the preparation of information and analytical materials, practical issues, building the system of organizational and managerial work in fighting corruption. Keywords: People’s Republic of China, the merging of crime and power, industrial growth, anti-corruption activities, punishment for corruption, ethical norms, criminal law, legal techniques, crime prevention.

International legal framework for combating cybercrime

2021 ◽  
Vol 65 (04) ◽  
pp. 223-227
Author(s):  
Ильгар Имдат оглу Гасанов ◽  
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
Criminal Policy ◽  
Communication Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
Legal Basis ◽  
Information And Communication ◽  
The Republic ◽  
Effective Models

The article examines the relevance of cybercrime, their types and possible ways of their fulfillment, the peculiarities of cybercrime, as well as the international legal basis for the fight against this evil. Cyberspace crime is one of the most difficult problems that the international community has faced in recent years with the development of information and communication technologies. International coorperation in the fight against cybercrime is carried out in several directions and involves, first of all, the creation of regulations and the development of general recommendations, as well as the implementation of effective models of organizational interaction between states. Key words: cyberspace, cybercrime, international law, transnational crimes, Coucil of Europe, UN, Criminal Code of the Republic of Azerbaijan, criminal policy

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