scholarly journals Ultima ratio Principle in the Criminalization of Tax Evasion

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 71-84 ◽  
Author(s):  
Martynas Dobrovolskis
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Republic

This article evaluates the significance of the principle of ultima ratio for the national process of criminalization. It also assesses the criminalization of tax evasion in the Criminal Code of the Republic of Lithuania using the criminalization criteria established in both national and international legal regulation, case law and criminal law doctrine.

Rekodifikácia trestného zákona v kontexte trestných činov proti republike

2021 ◽  
Author(s):  
Eva Balážová ◽  
Jaroslav Ivor ◽  
Marta Hlaváčová
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Criminal Code ◽  
Change Points ◽  
Modern State ◽  
Criminal Offenses ◽  
The Republic ◽  
The Individual

The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.

scholarly journals Criminal-Legal Mechanisms For Protecting The Activities Of Business Entities In Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 2123-2135
Author(s):  
Marufjon Kurbanov
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Business Activity ◽  
Special Significance ◽  
The Social ◽  
The Republic ◽  
Business Entities ◽  
Law Regulation

This article is dedicated to the institute of protecting business through criminal law in the Republic of Uzbekistan. In it, the author conducted an analysis of general characteristics of crimes related to obstruction, unlawful interference in business activities according to the Criminal code of the Republic of Uzbekistan. Therefore, researching of legal nature of crimes against business, analyzing its objective and subjective signs has a very special significance. The author reveals the social danger of these kinds of crimes, the necessity of appointing the criminal responsibility for it. Such types of crimes against business Violation of the right to private property, Forced involvement of business entities in charity and other events, Illegal suspension of activities of business entities and (or) operations on their bank accounts are analyzed. Therefore, researching criminal law regulation of business activity in the example of the Republic of Uzbekistan, analyzing its objective signs has a very special significance. The author reveals the social essence of criminal law regulation of business activity in Uzbekistan danger. And, namely, it has been provided specifics of the criminal legal protection of entrepreneurial activity in the criminal law of Uzbekistan are determined by the model of the economic system and the legal regulation of economic relations in the state. On the basis of the Criminal Code of the Republic of Uzbekistan, reviewed the significant aspects of protecting business through criminal law in the Republic of Uzbekistan.

scholarly journals The Crimes Against Legal Traffic in Law of Republic Of Serbia // Krivična dela protiv pravnog saobraćaja u pravu Republike Srbije

2018 ◽  
Vol 8 (8) ◽  
pp. 88
Author(s):  
Dragan Jovašević
Keyword(s):  
Criminal Law ◽  
Legal Theory ◽  
Case Law ◽  
Criminal Code ◽  
Special Group ◽  
Criminal Offenses ◽  
The Republic ◽  
Criminal Protection ◽  
First Time ◽  
Official Corruption

In a separate part of the criminal law of the Republic of Serbia, pursuant to the provisions of the Criminal Code issued in 2005, with a number of amendments, the special place, role and importance are the crimes of forgery (forgery) of documents. They were systematized for the first time in a special group called: “Criminal offenses against legal traffic” according to the object of their criminal protection. Depending on the type of documents: private, public or official, different forms and types of manifestation of these crimes are often distinguished, which often represent the means or means for the commission of others, primarily commercial or official (corruption) crimes, or for their concealment and difficult proof . In this paper, from the aspect of legislation, legal theory and case law, the concept, elements, characteristics and forms of manifestation of certain criminal offenses against legal traffic in the Republic of Serbia are analyzed.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

scholarly journals VAGYSTĖS KVALIFIKUOTŲ SUDĖČIŲ KONSTRAVIMO LIETUVOS RESPUBLIKOS BAUDŽIAMAJAME KODEKSE YPATUMAI

Teisė ◽  
2013 ◽  
Vol 88 ◽  
pp. 129-143
Author(s):  
A. Vosyliūtė
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Republic

Straipsnyje nagrinėjamos Lietuvos Respublikos baudžiamojo kodekso 178 straipsnio (vagystė) 2, 3 dalyse numatytos vagystės kvalifikuotos sudėtys, jų konstravimo ypatumai. Analizuojamas kai kurių vagystę kvalifikuojančių požymių kriminologinis pagrįstumas ir tikslingumas, aptariamas vagystės kvalifikuotų sudėčių vertinimas loginiu, stilistiniu, sisteminiu aspektais, baudžiamojo įstatymo vientisumo požiūriu. Atskleidžiamos kai kurios vagystės kvalifikuotų sudėčių teisinio formulavimo klaidos. Pateikiami šių sudėčių konstravimo tobulinimo būdai.Article is devoted to analysis of the corpus delictis of the aggravated theft, that is forseen in Paragraph 2, 3 of Article 178 (theft) of The Criminal Code of the Republic of Lithuania. Criminological validity and appropriateness of some aggravating elements of theft are analyzed. The logical, stylistic, systemic evaluation of the corpus delictis of the aggravated theft is discussed as well as evaluation of criminal law in terms of integrity. The article reveals some errors of legal regulation of the corpus delictis of the aggravated theft. The proposals on the further improvement of the regulation are given.

Urážka prezidenta republiky po roce 1945 až do současnosti

2021 ◽  
Author(s):  
Pavel Vetešník
Keyword(s):  
Czech Republic ◽  
Criminal Law ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Related Case ◽  
The Czech Republic ◽  
The Republic ◽  
Definition Of ◽  
The Individual

The article deals with the definition of the legal regulation of insult of the President of the Republic and its punishment in the territory of the Czech Republic after 1945 up to the present. Due to the fact that such a definition has not always been made exclusively by legislation of a criminal law nature, the contribution will also focus on legislation of an administrative and private nature. During the elaboration of the contribution, mainly explanatory memoranda to the laws that introduced, changed or deleted the legal regulation of insulting the President of the Republic will be drawn. Periodical comments explaining the individual starting points of these legal regulations and related case law will also be a necessary helper. This will show an overall view of the legal regulation of insults of the President of the Republic in the period under review.

scholarly journals Some Aspects of the Interpretation of Corpus Delicti of Trading in Influence in the Context of the Principle Nullum Crimen Sine Lege

Teisė ◽  
2019 ◽  
Vol 112 ◽  
pp. 217-229
Author(s):  
Laura Mickevičiūtė
Keyword(s):  
Supreme Court ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Court Case ◽  
Not Given ◽  
Supreme Court Case ◽  
The Republic ◽  
New Feature

Taking into consideration the amendments of Article 226 of the Criminal Code of the Republic of Lithuania, the temporal rules of the criminal law, and the content of the principle nullum crimen sine lege (no crime without law), this article assesses the Lithuanian Supreme Court case-law, according to which the provision of the alleged influence feature in Article 226(2) of the Criminal Code of the Republic of Lithuania has only been explained but not given a new feature of the corpus delicti of passive trading influence.

scholarly journals Criminal record with imposed corrective measures: critical analysis of the concept regulated by the Criminal Code of the Republic of Belarus

2020 ◽  
pp. 8-22
Author(s):  
Kirill Igorevich Nagornov
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Record ◽  
Corrective Measures ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

This article makes emphasis on critical analysis of the concept establishing legal consequences of the institution of criminal record with imposed corrective measures, set by the criminal law of the Republic of Belarus, for the purposes of resolving the question of its possible implementation in the Russian criminal legislation. The subject of this research is the separate positions of the criminal law of the Russian Federation and the Republic of Belarus regulating the institution of compulsory corrective measures alongside application of norms comprising this institution by the courts of these states, as well as scientific views of the Russian and Belarus doctrine dedicated to the indicated institution and the order of its implementation and consequences therein. The author provides critical analysis to the legislative construct of application of compulsory measures in the criminal law of the Republic of Belarus as theoretical-legal[WU1] , hence the hypothesis on the need to establish the consequences of criminal record in imposition of compulsory measures did not find its approval. Moreover, considering the analyzed positions of the concept, the author brings to discourse the proposal on establishing preventative control after serving the compulsory correctional sentence that would not result in criminal record; as well as on potential implementation of the experience of Belarus pertaining to legal regulation of the order of imposing compulsory measures.  [WU1]

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

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