scholarly journals Criminal Policy Challenges under Conditions of Hybrid War: Some Issues and Solutions from Ukraine

2016 ◽  
Vol 9 (2) ◽  
pp. 102-129
Author(s):  
Yevhen Pysmenskyy
Keyword(s):  
Policy Implementation ◽  
Criminal Law ◽  
State Policy ◽  
Criminal Behavior ◽  
Historical Memory ◽  
Criminal Policy ◽  
Special Focus ◽  
Hybrid Form ◽  
Hybrid War ◽  
Definition Of

Abstract This article studies the specifics of national criminal policy implementation under the influence of extraordinary geopolitical factors on it. Such policy will be reviewed with Ukraine serving as an appropriate example. This country has been recently forced to adjust its own ways of implementation of the state policy against crime based on atypical modern challenges and threats. This refers to the special nature of a hybrid war, which has been actively fought on the territory of Ukraine since 2014. The author examines two key areas of criminal policy (definition of the limits of criminal behavior and establishing criminal law consequences of the committed offenses), implemented under the extraordinary circumstances of hybrid war. Symptomatic features of the hybrid form of foreign aggression are defined in the piece. At the same time, options of criminal law in combating and preventing such aggression are researched. Special focus is placed on new acts that have been criminalized as well as those that might need further criminalization. Attention is paid to the issues of criminal law protection of national and historical memory, and to the concept of journalism related crimes. The importance of amnesty as an effective tool to resolve conflicts between individual and state is also emphasized in the article.

A Strategic Choice: The State Policy Requirement in Core International Crimes

2015 ◽  
Vol 28 (4) ◽  
pp. 953-975 ◽  
Author(s):  
ATHANASIOS CHOULIARAS
Keyword(s):  
Criminal Law ◽  
State Policy ◽  
International Criminal ◽  
Criminal Policy ◽  
The State ◽  
International Criminal Law ◽  
Controversial Issues ◽  
Policy Perspective ◽  
International Crimes ◽  
Definition Of

AbstractThe article focuses on one of the most intriguing and, at the same time, controversial issues of international criminal law: whether the state policy requirement should be considered as a constitutive element in core international crimes. Adopting a criminal policy perspective, my intention is to contribute to the ongoing discussion by offering a doctrinal and criminological corroboration of the position that answers in the affirmative. Nevertheless, I am not necessarily promoting a normative choice entailing the amendment of the definition of core international crimes, but I rather call for a policy choice of focusing on cases that presume a state policy component.

IMPROVEMENT OF MECHANISMS OF PUBLIC POLICY IMPLEMENTATION IN THE SOCIO-HUMANITARIAN SPHERE

2018 ◽  
Author(s):  
Andrii Moisiiakha ◽  
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Public Administration ◽  
State Policy ◽  
The State ◽  
Practical Implementation ◽  
Humanitarian Mission ◽  
Legal Nature ◽  
Public Policy Implementation ◽  
Definition Of

The article is devoted to the problems of finding ways to improve the mechanisms of implementation of state policy in the socio-humanitarian sphere. The purpose of this article is to identify areas for improvement of mechanisms for implementing public policy in the socio-humanitarian sphere, taking into account the needs of their unification within a single approach to the organization of social processes in the analyzed area. Achieving this goal has provided solutions to more practical problems: the development of goals, objectives, areas of state policy in the socio-humanitarian sphere, as well as organizational and legal support for its implementation. All this together will allow to introduce quite detailed algorithms and tools for managing the socio-humanitarian development of Ukraine and to quickly and effectively overcome the negative risks that arise in it. The content, essence and state-legal nature of mechanisms of public administration, as a set of ways and tools of practical realization of state policy are revealed. The analysis of modern approaches to understanding the essence of mechanisms of public administration is carried out. The author's definition of the mechanism of public administration in the socio-humanitarian sphere is offered. The content and essence of state policy in the socio-humanitarian sphere are revealed. The conclusion concerning the basic determinants and features of its development is made. Approaches to the formation of mechanisms for the implementation of state policy in the socio-humanitarian sphere are generalized. The need to further unify approaches to the implementation of such public policy in different sectors of the socio-humanitarian sphere has been proved. The main directions of improvement of mechanisms of its realization are allocated. The mechanism of state policy implementation in the socio-humanitarian sphere is defined as a set of nonlinear sets of tools and methods of state influence, which is implemented through appropriate management decisions (a set of measures as components of state policy) to develop the rights and interests of citizens and practical implementation. guarantees of the state in the fields of education, health care, social security, as well as others covered by the humanitarian mission of the state and able to influence the formation of productive forces, human, intellectual and social capital in society.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

scholarly journals APPLICATION OF LEGAL CONSTRUCTIONS OF INTERCONNECTION OF OBJECTS WITHIN THE CONCEPT OF A SINGLE PROPERTY OBJECT

2021 ◽  
Vol 6(72) (3) ◽  
pp. 402-408
Author(s):  
E. G. Semenova
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Policy ◽  
Practical Significance ◽  
Late Nineteenth Century ◽  
Complex Nature ◽  
Scientific Article ◽  
Legal Science ◽  
Criminal Penalties ◽  
In The Beginning

The purpose of the scientific article is to show the statement of the fundamental world problem about the meaning of criminal punishment by the outstanding Russian writer L. N. Tolstoy in 1899 in the work «Sunday», and its exact practical solution by Professor S. G. Olkov in 2019 in the article «on explaining the nature of criminal law relations». Scientific methods: observation, comparison, methods of mathematical analysis, probability theory and mathematical statistics. Scientific result: 1) it is proved that the value of criminal penalties is not axiomatic; 2) it is proved that the great Russian thinker L. N. Tolstoy managed in the late nineteenth century to formulate precisely the main problem of the world of criminal policy, but failed to solve it in the absence in his time the precise legal science, which emerged in the beginning of the twenty-first century; 3) it is proved that the fundamental historical problem of the meaning and value of criminal penalties was exactly solved by mathematical means, by Professor S. G. Olkov, in the beginning of the XXI century; 4) the author’s flowchart discloses the consequences of erroneous and accurate creation and application of criminal law norms. Practical significance: the obtained scientific results, presented in an accessible form, allow the General scientific community, politicians, students and other interested persons to understand the complex nature and meaning of criminal law relations; avoid numerous theoretical and practical errors in explaining, predicting and managing criminal behavior; understand the importance of accurate legal science in solving fundamental problems of humanity, creating a more perfect and healthy society.

Development and Status of Economic Criminal Law in Germany

2014 ◽  
Vol 15 (4) ◽  
pp. 693-718
Author(s):  
Marc Engelhart
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Policy ◽  
Economic Crime ◽  
The Public ◽  
The Past ◽  
Illegal Behavior ◽  
The Status ◽  
Recent Developments ◽  
Made In

During the past decade, economic crime has been in the public focus in Germany like never before. Major cases, such as the embezzlement proceedings against former Deutsche Bank CEO Ackermann—the so-calledMannesmannproceedings—or the corruption incidents within the Siemens group, have shed more light on illegal behavior in the economic sector. These cases revived an interest in economic criminal law that had not been present since the 1980s when the first wave of economic crime regulation after the establishment of economic criminal law as an academic subject and as a central part of criminal policy had passed. This article analyzes the status and development of economic criminal law. First, it will deal with criminological aspects before turning to the forces in economic crime development. Second, it will examine the changes made in substantive, procedural, and soft law. It includes recent developments, such as the privatization of public investigations and the concept of compliance, as a means to prevent and discover criminal behavior.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Compliance and Conflict of Value in Public Policy Implementation: Comparison between the New Order and the Reformation Era

2018 ◽  
Vol 2 (2) ◽  
pp. 99 ◽  
Author(s):  
Dwiyanto Indiahono ◽  
Erwan Purwanto ◽  
Agus Pramusinto
Keyword(s):  
Public Policy ◽  
Policy Implementation ◽  
Local Level ◽  
Group Discussion ◽  
New Order ◽  
The Reformation ◽  
Public Policy Implementation ◽  
Definition Of ◽  
Conflict Of Value ◽  
The Relationship

This research aims to examine differences in the relationship of bureaucratic and political officials during the New Order (Soeharto’s era) and the Reformation (post-Soeharto) era within the arena of public policy implementation. This is a matter of importance given that there is a change in relations between the two from integration in the New Order to bureaucratic impartiality in the Reformation Era. This study attempts to answer the question: How were the relations of bureaucratic and political officials in the implementation of local level public policy during the New Order and the Reformation Era? A qualitative research has been conducted in Tegal Municipality using the following data collection techniques: interview, focus group discussion, documentation, and observation. Tegal Municipality was selected as the study location because of the unique relationship shown between the mayor and the bureaucracy. Its uniqueness lies in the emergence of bureaucratic officials who dare to oppose political officials, based on their convictions that bureaucratic/public values should be maintained even if it means having to be in direct conflict with political officials. This research indicates that the relationship between bureaucratic and political officials in the arena of local level policy implementation during the New Order was characterized as being full of pressure and compliance, whereas during the Reformation Era bureaucrats have the audacity to hinder policy implementation. Such audacity to thwart policies is considered to have developed from a stance that aims to protect public budget and values in policies. The occurring conflict of values here demonstrates a dichotomy of political and bureaucratic officials that is different from the prevailing definition of politics-administration dichotomy introduced at the onset of Public Administration studies.

DEFINITION OF THE PUBLIC SECURITY AND ORDERLINESS ENSURING MECHANISM IN UKRAINE

2018 ◽  
Vol 1 (11) ◽  
pp. 155-163
Author(s):  
Marina Aleksandrovna Kalievskaya
Keyword(s):  
Human Rights ◽  
Development Strategy ◽  
State Policy ◽  
The State ◽  
Point Of View ◽  
Public Security ◽  
National Priority ◽  
Institu Tions ◽  
Protection Of Human Rights ◽  
Definition Of

In this article, a model of the mechanism of ensuring public security and orderliness in accordance with the principles and tasks of the relevant institu- tions in public administration, taking into account resources, technologies, mea- sures for the state policy implementation in the spheres of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order. It was found that ensuring public security and order in Ukraine is a mechanism for the implementation of national goals of state policy in the areas of ensuring the protection of human rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, by defining tasks according to certain principles. The idea is that if one considers the state policy in the spheres of ensuring the protec- tion of human rights and freedoms, the interests of society and the state, combat- ing crime, maintaining public security and order as a national priority (purpose, task), then the mechanism of ensuring public security and order in Ukraine needs coordination with the state development strategy. From the point of view of the implementation of the state policy in the areas of ensuring the protection of hu- man rights and freedoms, the interests of society and the state, combating crime, maintaining public security and order, the mechanism of ensuring public security and order in Ukraine can be considered as the main system providing intercon- nection such elements as institutions (implementing the specified state policy), resources (human resources, logistical, natural and so on, with the help of which it is possible to implement state policy), technologies (skills, knowledge, means and so on the implementation of state policy), measures (action plans), as well as external (internal) threats.

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