scholarly journals The Motive Of Crime In Foreign Law: A Comparative Legal Analysis

2019 ◽  
pp. 145-154
Author(s):  
Yu.V. Leka
Keyword(s):  
Legal Status ◽  
State Level ◽  
Minor Element ◽  
Legal Analysis ◽  
Foreign Countries ◽  
European Standards ◽  
Basic Approaches ◽  
A Minor ◽  
Criminal Legislation ◽  
Subjective Side

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.

Comparative legal analysis of legal status models of state and municipal employee

2021 ◽  
pp. 678-691
Author(s):  
Nataliya E. Sadokhina ◽  
Oleg G. Shadsky
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Analysis ◽  
Municipal Service ◽  
Legal Method ◽  
Municipal Employees ◽  
Foreign Countries ◽  
Domestic Legislation ◽  
The Russian Federation ◽  
Legislative Reforms

The relevance of this study is due to the great importance of the institution of state and municipal service in ensuring the tasks and functions of the state. The legal status of state and municipal employees is being perma-nently reformed. The next stage of reforms is associated with the amend-ments to the Constitution of the Russian Federation made in 2020, which also affected the requirements for persons employed in the public service. In addition, the appearance in the Constitution of the term “public authority”, which includes not only state power, but also local self-government, largely predetermined the unification of requirements for persons employed in state and municipal service. The constitutional changes led to the reform of legislation in this area. We conclude about the importance of comparative legal research for the scientific substantiation of ongoing legislative reforms. The comparative legal method of research allows us to single out the general, special and singular in the development of normative regulation of the legal status of state and municipal employees in various legal families and systems of our time. Based on the analysis carried out, we determine the similarity in the structure of the legal status of state and municipal employees in Russia and foreign countries. At the same time, attention is drawn to the fact that the range of civil service positions in the Russian Federation is narrower than abroad. We forecast the ways of development of domestic legislation in this area.

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals Criminal liability as a means of counteracting sanitary and epidemiological rule violations in a pandemic

2021 ◽  
Vol 118 ◽  
pp. 03010
Author(s):  
Andrey Vladimirovich Makarov ◽  
Larisa Vladimirovna Makogon ◽  
Oleg Vyacheslavovich Firsov ◽  
Aleksandra Sergeevna Zhukova
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Main Idea ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Federal Law ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.

scholarly journals LEGAL REGULATION OF THE AGE OF CRIMINAL LIABILITY IN THE CONTEXT OF NOVELLING CRIMINAL LEGISLATION

2018 ◽  
pp. 73-78
Author(s):  
Yevgeny Petrovich Kim
Keyword(s):  
Necessary Conditions ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Psychological Characteristics ◽  
Legal Analysis ◽  
The Subject ◽  
A Minor ◽  
Criminal Legislation ◽  
Warning Effect

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.

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
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Criminal Liability ◽  
Cis Countries ◽  
A Minor ◽  
Criminal Legislation

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.

scholarly journals Comparative Legal Analysis of the Criminal Law Liability for Improper Performance of the Professional Duties

2017 ◽  
pp. 91-96
Author(s):  
Шухратжон Хайдаров ◽  
Shuhratzhon Haydarov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Analysis ◽  
Right To Life ◽  
Foreign Countries ◽  
Constitutional Right ◽  
Criminal Legislation ◽  
Constituent Elements ◽  
Important Constituent

On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.

scholarly journals Comparative and legal analysis of appying compulsory measures of educational nature to minors in Ukraine and some foreign countries

2020 ◽  
Vol 2020 (3) ◽  
pp. 79-88
Author(s):  
Yermak O.V. ◽  
◽  
Suprun H.H. ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Scientific Paper ◽  
The State ◽  
Legal Analysis ◽  
Public Attention ◽  
Coercive Measures ◽  
Foreign Countries ◽  
Criminal Legislation

Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, the authors turned to the legislation on criminal liability, which regulates the application of similar measures in foreign countries. This article is devoted to the study of coercive measures of educational nature against minors in Ukraine and abroad. In this scientific paper the comparative criminal-legal analysis of the concept and types of coercive measures of educational character concerning minors provided by the Criminal Code of Ukraine (further – CC of Ukraine) with similar norms of the criminal legislation of foreign states regulating questions of special criminal-legal measures concerning persons who at the time of committing a criminal offense did not reach the age of eighteen is carried out. The comparative analysis of the criminal legislation on applying coercive measures of an educational nature in Ukraine is carried out in comparison with the criminal laws of Switzerland, Latvia, Georgia, Bulgaria and Italy. The general conclusion is made in the article that the norms of the current Ukrainian criminal legislation need to be amended, improved and further adjusted both by scholars and by the legislator. Key words: coercive measures, criminal-legal measures, other measures of criminal-legal character, minors.

scholarly journals Immigration status of foreign citizens as a subject of administrative and legal regulation in host countries (rather-legal analysis)

2020 ◽  
Vol 210 ◽  
pp. 16018
Author(s):  
Zinaida Stolyarova ◽  
Albina Uskova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Immigration Status ◽  
Host Countries ◽  
Foreign Countries ◽  
The Russian Federation

One of the topical issues that refer to legal status of foreign residents who live in host countries is the change of a purpose of entering this country, which entails the change of their immigration status. The paper deals with the issues of legal regulation of immigration status of foreign citizens, analyzes the experience of both foreign countries and the Russian Federation in resolving the issue of changing the immigration status without leaving a country. The authors have made some proposals on improving the system of legal regulation in the Russian Federation, which would help efficiently solve the problem under analysis.

scholarly journals Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure

2019 ◽  
pp. 59-72
Author(s):  
Zinaida Ivanovna Koryakina
Keyword(s):  
Legal Status ◽  
Life Experience ◽  
Systems Approach ◽  
Full Range ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Legal Analysis ◽  
Rights And Interests ◽  
The Right ◽  
A Minor

In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense. 

scholarly journals Legal status peculiarities of the court chairman in Russia and in foreign countries: Comparative and legal analysis

2020 ◽  
Vol 11 (3) ◽  
pp. 733-744
Author(s):  
Viktor N. Kornev ◽  
◽  
Yaroslav B. Zholobov ◽  
Keyword(s):  
Comparative Analysis ◽  
Case Management ◽  
Legal Status ◽  
New Technologies ◽  
Legal Analysis ◽  
Organizational Skills ◽  
Foreign Countries ◽  
Age Limit ◽  
High Level ◽  
Derivatives Of

A comparative analysis of the legal status of the court chairman in Russia and in foreign countries is provided in the article. It is shown that the legal status of the court chairman is derived from the content and forms of implementation of the principle of the court and judges’ independence. The basic elements of the court chairman’s legal status, such as the procedure of appointment to the post, tenure of the post, tenure age limit, as well as the special powers related to the implementation of the leading function in the court, are disclosed. The notion that the globalization of legal processes leads to the unification of the requirements for the acquisition and termination procedures of the legal status not only of judges, but also of court chairman is discussed. The article reveals general and special approaches in the legislation of different countries to such requirements applied to the candidates for the post of court chairman, such as knowledge of case management, organizational skills, standards for themselves and court officials, the ability to quickly and qualitatively introduce new technologies into the work of the court, and maintaining a high level of qualification. The possibilities to develop a unified scientifically based approach to establishing the derivatives of the court chairman’s legal status in order to avoid the arbitrariness of establishing legislative provisions in different countries are revealed. The article concludes that a court chairman’s ensured independence of particular court would significantly increase the level of public trust not only in the court, but also to the state in general. However, this topic requires further research.

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