scholarly journals Corruption In Sports Environment

2013 ◽  
Vol 13 (2) ◽  
pp. 97-110
Author(s):  
Bronislava Coufalová ◽  
Jan Pinkava
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Good Reason ◽  
Social Activity ◽  
Sporting Events ◽  
The Public ◽  
Sports Organizations ◽  
Different Types ◽  
Illegal Acts ◽  
Sports Activities

Abstract In sports environment there is a whole range of different types of wrongful conduct sanctioned not only by disciplinary bodies using specific rules accepted by the executive authorities of sports organizations but also more serious cases that have to be judged in accordance with criminal law. There has been a long debate whether criminal law should intervene into the area of sport, i.e. whether sport and its environment is in itself such an autonomous system that it could deal with all the matters of criminal nature on its own. The area of sport environment involves a whole range of illegal acts, ranging from criminal liability of sportsmen responsible for injuries inflicted upon others in the area of sport, the issues of hooliganism in sporting events, breach of the public peace as far as the issue of match-fixing including the crimes of bribery and illegal betting. Generally speaking, we are of the opinion that there is no good reason why the criminal law should not be allowed to intervene into the area of sport in certain cases. The basic argument to be used is the fact that every social activity must be carried out in accordance with the legal order of the country, the area of sport being no exception. The area of sport or to be more precise the specific types of sports activities are regulated by special internal and statutory rules introducing certain sanctioning mechanisms in the form of disciplinary rules which can be enforced by different disciplinary bodies.

Criminal Liability of Athletes for Damage Caused as a Result of Violation of the Rules of Sports Events

2020 ◽  
Vol 12 ◽  
pp. 100-105
Author(s):  
D. A. Bezborodov ◽  
◽  
R. M. Kravchenko ◽  
Keyword(s):  
Law Enforcement ◽  
Sports Injuries ◽  
Criminal Liability ◽  
Sporting Events ◽  
Sports Training ◽  
Training Process ◽  
Sports Organizations ◽  
Sports Events ◽  
Special Rules ◽  
The Relationship

The article deals with issues related to the characteristics of the qualification of causing injury or death to an athlete during sports events. The article analyzes the possibility of applying the provisions of certain circumstances that exclude the criminality of the act. Take into account that the relationship between the participants of sports competitions and sports training, while relationships at the same time are not regulated by the law and sports regulations sports, and the internal rules of sports organizations, defining the organization of the training process. Therefore, the issues related to the influence of special rules regulating the procedure for conducting sports competitions and other sporting events on the features of criminal liability (in particular, guilt), both athletes and other persons who ensure the conduct of sports events, are studied specifically. It is taken into account that modern legislation and law enforcement often ignores this requirement, which, in particular, is expressed in the failure to include the facts of sports injuries in the list of crimes in the field of sports. First of all, the article analyzes the issues of criminal-legal assessment of an athlete's act in the event of injury to health or death to another athlete, given that in sports, harm is usually caused unintentionally, by negligence. Therefore, the work analyzes the risks, harm to health, as well as measures that should have been taken by the organizers of the competition to avoid causing harm, taking into account that all these issues are evaluative. The characteristic of harming an athlete while observing the rules of events by his opponent is given. The question of how the rules relating to a particular sport can exempt a person from liability for causing harm is being investigated.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals Overmacht Dalam Tindak Pidana Penganiayaan Yang Menyebabkan Korban Meninggal Dunia Perspektif Fiqh JinÂyah

2015 ◽  
Vol 1 (2) ◽  
pp. 327-335
Author(s):  
Muhammad Riza Fahmi
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
District Court ◽  
Public Prosecutor ◽  
The Public ◽  
Self Defense ◽  
Conditional Sentence

Abstract: The Judge’s ruling in the legal decition of the Lamongan District Court No. 164/Pid.B/2013/PN.LMG on the crime of persecution that causes the death of the victim is regarded true since it has been fulfilled all elements as required by Article 351 Paragraph (3) of Criminal Code as indicted by the public prosecutor. In deciding this case, the judge also considered the testimony of witnesses, the information from the defendant, the facts revealed at the hearing as well as the things that burdensome and relieve the defendant. Therefore, the defendant shall be sentenced for 5 months in prison and does not have to go through due to the imposed conditional sentence. In Islamic criminal law, the case is equated with a semi-deliberate murder and sanctioned by diyât and kafârat in the form of ta’zîr. In this case, the defendant can not be punished because of his self-defense. So that the defendant is free from a criminal liability in Islam.Keywords: Persecution, victim died, Islamic law. Abstrak: Putusan hukum hakim Nomor: 164/Pid.B/2013/PN.LMG tentang tindak pidana penganiayaan yang mengakibatkan korban meninggal dunia berdasarkan telah terpenuhinya semua unsur-unsur dari pasal 351 ayat (3) KUHP seperti yang didakwakan oleh jaksa penuntut umum. Dalam memutuskan perkara ini hakim juga mempertimbangkan keterangan saksi, keterangan terdakwa, fakta-fakta yang terungkap di persidangan, serta hal yang memberatkan dan meringankan terdakwa. Oleh karena itu, terdakwa dipidana dengan 5 bulan penjara dan tidak perlu menjalaninya dikarenakan dikenakan hukuman bersyarat. Dalam fiqh jinâyah, perkara ini disamakan dengan pembunuhan semi sengaja. Untuk sanksinya yaitu membayar diyat dan kafârat, sedangkan untuk hukuman penggantinya berupa hukuman ta’zîr. Dalam kasus ini, para terdakwa meskipun telah melakukan perbuatan tersebut, namun tidak bisa dikenakan hukuman tersebut, karena adanya unsur pembelaan diri, sehingga terbebas dari pertanggungjawaban pidana dalam Islam.Kata Kunci: Penganiayaan,  meninggal dunia, Hukum Islam. 

Different Types of Sport Events

2020 ◽  
pp. 20-44 ◽  
Author(s):  
Chris A. Vassiliadis ◽  
Anestis Fotiadis
Keyword(s):  
Careful Study ◽  
Sporting Events ◽  
Sports Programs ◽  
Different Types ◽  
Sport Events ◽  
Alternative Activities ◽  
Sports Activities

The chapter shows the variety of sporting events and hints at the potential of developing these alternative activities. In order to pursue the above objective of the chapter, the various criteria for categorizing sporting events are presented first. The chapter then focuses on providing relevant examples to inform the reader about the practices and trends of sporting events that are prevalent internationally. The reality of the emergence of a variety of sporting events and activities locally and internationally is an element of interpretation of modern lifestyles. At the same time, a careful study and analysis of the varieties and types of sports, facilitates managers, and designers of sports activities and sports programs at a visitor destination is presented to identify easily opportunities for their development and exploitation.

scholarly journals Grounds of socially dangerous acts criminalisation on the example of vandalism

2021 ◽  
Vol 1 (15) ◽  
pp. 38-50
Author(s):  
Karyna Anatoliivna Salaieva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Social Behaviour ◽  
Crime Rate ◽  
Criminal Liability ◽  
Social Phenomenon ◽  
Main Criterion ◽  
Illegal Acts

The article defines the concept and grounds of criminalisation on the example of vandalism as a negative social phenomenon. The author proves that the scale of vandalism and the consequences of its commission increase due to the ignoring of this problem by the legislator.  The main criterion for criminalisation is the need to use it to combat a particular type of action. This need is due to the impossibility of preventing certain types of anti-social behaviour by non-criminal means. This aims at the legislator to refrain from criminal liability in all cases without exception, when it is unable to serve the purpose of reducing the crime rate of the type.  Issues of criminalisation of socially dangerous acts are developed by modern criminal law science, but are not always taken into account in the development and adoption of certain laws on criminal liability, which may create imperfections in these laws and inconsistencies in law enforcement practice. Science has proposed many variants of the principles of criminalisation, which often differ significantly from each other. However, all of them can be grouped into 3 major groups: legal-criminological, socio-economic and socio-psychological. We proton to consider compliance with the grounds for criminalisation on the example of committing acts of vandalism, which we propose to supplement with aggravating circumstances.          The listed grounds for criminalisation of vandalism confirm the possibility to include it in the list of socially dangerous criminally illegal acts. It is clear that the list of these grounds is somewhat larger, and the proposed study lists only those that correspond to vandalism. In addition, it is not necessary for criminalisation to have all of these grounds at the same time and in combination, as any one or some of these grounds may be sufficient.

scholarly journals Analysis of network interaction in the context of physical education and sports activities of universities

2020 ◽  
Vol 208 ◽  
pp. 09013
Author(s):  
Yashar Salamzadeh ◽  
Maksim Kocherian ◽  
Andrey Plakhin ◽  
Tatiana Volovik ◽  
Elena Davydova
Keyword(s):  
Physical Education ◽  
Network Model ◽  
Network Models ◽  
Educational Institutions ◽  
Sporting Events ◽  
Resource Base ◽  
Sports Organizations ◽  
Sports Events ◽  
Network Interaction ◽  
Sports Activities

The realization of the various interests of students in the sports activities of universities requires educational institutions to have a diverse material and technical base: sports facilities of various specifics, qualified personnel, and methodological developments. At the same time, the capabilities of individual higher education institutions are limited. The solution to this problem is possible through the integrated use of the resource base of several educational institutions and municipal facilities for the organization of sports and athletic activities. An effective exchange of resources is based on network models of relationships, the management of which is based on the provisions of the theories of strategic and general management and a project approach. The purpose of this study was the formation of a network model of interaction in the processes of sports activities of universities in the Sverdlovsk region. The study was conducted by the Physical Education and Sports Department in conjunction with the Management and Entrepreneurship Department of the Ural State University of Economics in the period 2019-2020. The information ground of the study is formed based on the analysis of plans for sporting events, tender documentation, as well as the database of contracts concluded by participants in the strategic network. The research methodology is based on a network theory and involves the construction of a directed graph, where the nodes are university subjects, and objects of network interaction are placed on arcs. The results of the study show that the network model is of the concentric type, the main unifying projects in the framework of physical culture and sports activities are such sports events as “Nations Cross”, “Universiade of the Sverdlovsk Region” and “Ski Track of Russia”. There are no links in the network interaction scheme due to the need to implement on a contractual basis the training courses included in the Basic professional educational programs of higher educational institutions, the network is based only on participation in external events initiated by state and municipal authorities, the corporate sector, sports organizations and universities themselves.

The Pathof Holding Smokeless Large-scale Sports Events under the Background of Public Health Emergency of International Concern

2021 ◽  
Vol 7 (6) ◽  
pp. 5151-5160
Author(s):  
Wang Ping ◽  
Cong Jun ◽  
LiLi
Keyword(s):  
Public Health ◽  
Large Scale ◽  
Effective Means ◽  
Sporting Events ◽  
The Public ◽  
Sports Events ◽  
Control And Prevention ◽  
Formed Part ◽  
And Control ◽  
Sports Activities

Objectives: As the Coronavirus disease 2019 (COVID-19) continues to spread and smokeless sports influences sports, large-scale sporting events fascinate international and national host-country athletes and millions of travelers, which has a profound impact on large-scale sports events. Based on the methods of literature, case analysis and induction, this paper analyzes the experience of holding smokeless large-scale sports events in the context of PHEIC through the epidemic background, the measures taken by countries and the results of holding large-scale sports events. The result shows that countries took measures to strengthen surveillance of infectious diseases and be fully prepared for any incident during PHEIC. Though it may need added resources and support, these endeavors were beneficial and formed part of the experience of major events. The successful experience of holding smokeless large-scale sports events in the context of PHEIC should not dissipate with the epidemic abating, but should actively upgrade theconcept of crisis management and explore the development path of smoke-free sports events. The path includes the following: International cooperation is the key to the success of large-scale sports events and potential intervention is an effective means to prevent the spread of epidemics. Risk communication provides effective guidance for the evolution of control and prevention of epidemics. The use of digital technology to monitor the outbreak of diseases in sports activities brings new opportunities for the public health prevention and treatment system, aiming to provide support for today's sports events, and then promote the construction of emergency prevention and control systems for large-scale sports events under the trend of globalization and normalization of the epidemic situation.

CRIMINAL LIABILITY FOR PUBLIC INCITEMENT TO COMMIT ILLEGAL ACTS

2016 ◽  
Vol 1 (74) ◽  
pp. 47
Author(s):  
Ēriks Treļs
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Regulatory Framework ◽  
International Commitments ◽  
Illegal Acts ◽  
The Law ◽  
The Republic

On 18 March 2016 President of Latvia Raimonds Vējonis posted a letter to the Legal Affairs Committee of the Parliament of the Republic of Latvia (Saeima) regarding the amendments to the Criminal Law (Nr.514/Lp12). President of Latvia drew attention of the Saeima to several controversial definitions of the amendments to the law requiring a clearer and more precise wording so that the proposed statutory solutions would not contradict the Constitution of Latvia (Satversme) and international commitments of Latvia. The article aims to initiate a debate on problems related to the application of the Section 81 of the Criminal Law. The author offers his vision of the regulatory framework application problems.

Strafbarkeit des Kick-back-Vorgangs in der öffentlichen Auftragsvergabe

2019 ◽  
Author(s):  
David Portner
Keyword(s):  
Criminal Law ◽  
Public Procurement ◽  
Criminal Liability ◽  
Civil Servant ◽  
Preferential Treatment ◽  
Criminal Offence ◽  
Damage State ◽  
The Public ◽  
Public Servant ◽  
Procurement Procedure

Public procurement activity is prone to corruption. A special form of corruption is the so-called kick-back. It describes a benefit which is already included in the order amount of a bidding company to the public servant of the contracting authority, with the aim of obtaining preferential treatment in the procurement procedure. Kick-backs in the public procurement procedure damage state assets as well as effective competitions. Public procurement must be protected against kick-backs by severe prevention through procurement law and criminal law, more precisely by a comprehensive threat of sanctions. The author examines to what extent procurement and criminal law fulfil this objective. He analyses procurement law regarding preventive and abuse potentials as well as risks of criminal liability for the civil servant involved in the award procedure. Based on this analysis, he devises concrete proposals for a greater effort to combat kick-backs, i.a. implementing a special criminal offence.

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