scholarly journals Civil and criminal liability for damage caused by self–driving cars

2021 ◽  
pp. 182-210
Author(s):  
Deimantė Rimkutė ◽  
Kristijonas Povylius
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Self Driving Cars

The article aims to analyse and assess whether the existing legal regulation in Lithuania is sufficient for application of civil and criminal liability for damage caused by fully self–driving cars. This hypothesis is confirmed by analysing the technical specifics of fully self–driving cars, the legal regulation of civil and criminal liability in Lithuania and the main theories of these types of liability.

scholarly journals Criminal liability for land damage under the legislation of the cis countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina
Keyword(s):  
Criminal Liability ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Land Protection ◽  
Rational Use ◽  
Advantages And Disadvantages ◽  
The Future ◽  
Special Rules ◽  
Cis Countries ◽  
Criminal Legislation

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.

scholarly journals CRIMINAL LIABILITY FOR CRIMES AGAINST NATIONAL SECURITY

2021 ◽  
Vol 3 ◽  
pp. 72-88
Author(s):  
A. Polianskyi ◽  
O. Polianskyi
Keyword(s):  
National Security ◽  
Criminal Liability ◽  
Research Process ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
State Control ◽  
Basic Law ◽  
System Method ◽  
Process System

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state. Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied. General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used. Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance. Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.

scholarly journals Liability in the field of digital payment systems and cryptocurrencies: mission is (im)possible?

2021 ◽  
Vol 10 (42) ◽  
pp. 186-195
Author(s):  
Liydmyla Panova ◽  
Siuzanna Tsurkanu ◽  
Oleh Synieokyi ◽  
Zoriana Dilna ◽  
Ivan Prymachenko
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Legal Regulation ◽  
Electronic Payment ◽  
Payment Systems ◽  
Legal Method ◽  
Internet Users ◽  
System Method ◽  
International Comparative

An electronic payment system is a system of settlements between different organizations and Internet users when buying or selling goods or services over the Internet. The relevance of the research topic is that electronic payment systems are used widely at the present stage of the development of society. This area has not escaped criminal activity. Penalties for digital payment systems and cryptocurrencies should be commensurate with the level of damage caused. The article analyzes the international legal establishing liability for this type of crime. At the instant, it remains an open question for further study of the legal status of cryptocurrency in different countries and the settlement of penalties for violations in the field of digital payment systems and cryptocurrency. Research methods: comparison, observation, analysis, synthesis, analogy, the system method, generalization method, and formal-legal method. According to the results of the study, the international comparative aspect of the types of liability for offenses in the field of digital payment systems was analyzed; the issue of criminal liability for offenses in the field of digital payment systems and cryptocurrencies, as a key punishment for these actions; identified means of protection of payment systems; the issue of legal regulation of cryptocurrency in different countries.

scholarly journals Self-Driving Cars and Criminal Liability

2020 ◽  
Vol 17 (3-4) ◽  
Author(s):  
Béla Csitei
Keyword(s):  
Autonomous Vehicles ◽  
Criminal Liability ◽  
Autonomous Vehicle ◽  
Essential Elements ◽  
Criminal Sanction ◽  
Criminal Offence ◽  
The Subject ◽  
Definition Of ◽  
Self Driving Cars

After clarifying the concepts of automated and autonomous vehicles, the purpose of the study is to investigate how reasonable the criminal sanction is arising from accidents caused by autonomous vehicles. The next question to be answered is that the definition of the crime according to the Hungarian law may be applied in case of traffic related criminal offences caused by automated and autonomous vehicles. During my research I paid special attention to two essential elements of criminal offence, namely the human act and guilt. Furthermore, I strived for finding solution for the next problem, as well: if the traffic related criminal offence is committed by driving an autonomous vehicle, how to define the subject of criminal liability.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

Criminalization of cartels: a retrospective analysis of domestic legislation

2020 ◽  
pp. 16-25
Author(s):  
A. V. Teslenko
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Historical Method ◽  
Domestic Legislation ◽  
Long Time

The importance of the historical method in the research of all legal phenomena and processes have been highlight a long time ago — so even pre-revolutionary Russian jurists noted that history “indicates a natural cause of existing ugliness and all of this or that condition of criminal law, it states the source of its progressiveness, and provides data for the evaluation of both, old and new, theories and criminal law teachings”. Therefore, the current research and debate on the criminal liability of legal regulation of the problems of anti-competitive agreements should be anticipated by highlighting the evolution of the relevant norms, the development of which took place within the boundaries of three periods — pre-revolutionary, soviet and modern or post-soviet.The author, referring to the original sources, presents the historiography of the evolution of domestic legislation in the field of criminal law protection of competition, and discovers the prototypes of current prohibitions on anticompetitive agreements and mechanisms for identifying such violations.

The Criminalization of Workplace Harassment and Abuse

2020 ◽  
pp. 151-172
Author(s):  
Alan Bogg ◽  
Mark Freedland
Keyword(s):  
Organizational Context ◽  
Criminal Liability ◽  
Health And Safety ◽  
Legal Regulation ◽  
Decent Work ◽  
Workplace Harassment ◽  
Legal Norms ◽  
Legal Response ◽  
Organizational Framing ◽  
Extensive Body

This chapter considers the legal treatment of workplace harassment and abuse. In the wake of social and political activism focused on sexual harassment, the legal regulation of harassment has been under intensive scrutiny. In the English context, harassment is already regulated by an extensive body of legal norms. The Protection from Harassment Act 1997 is an interesting example where legislation provides for parallel tortious and criminal liability for the same wrong. The chapter develops the idea that criminal liability has had a ‘dragging’ effect on the civil liability regime, the effect of which has been to undermine the effectiveness of the legal response. This is because the paradigm of criminal liability has treated harassment as a personalized wrong, reflecting the structure of the criminal process to allocate censure and blame to culpable agents. The effect of this has been to obscure the structural and organizational context to harassment and abuse, which propagates in circumstances of insecurity, precarity, and non-decent work. As an alternative, the chapter defends an organizational framing of criminal liability based upon a health and safety model. It develops this model of criminal liability drawing upon the value of human dignity.

Corporate Criminal Liability for the Criminal Offences in Lithuania

2020 ◽  
Author(s):  
Tomas Girdenis ◽  
Marius Laurinaitis ◽  
Irmantas Rotomskis ◽  
Raimundas Jurka
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Financial Reports ◽  
The Supreme Court ◽  
Illegal Activities ◽  
Material Advantage ◽  
Corporate Criminal Liability ◽  
Limited Scope ◽  
Legal Entities

Abstract Cases, where operations of legal entities entail unfair income through the malpractice of improving financial reports, are quite frequent. Such behaviour is unacceptable and deserves a stern response from the state, not only against persons involved in illegal activities but also against particular legal entities resorting to such behaviour. The purpose of this article is to analyse the elements of corporate criminal liability in the legislation of Lithuania. The article investigates the fundamentals of corporate criminal liability with the major focus on the problems of distinction and applicability of relevant elements of the latter. The analysis emphasizes the assurance of the inevitability of corporate criminal liability. The article also discusses the method of criminalizing the liability of legal entities, chosen by the Lithuanian legislator, according to which criminal liability can arise only for a limited scope of criminal offences. Presumably, the current legal regulation enables an unreasonable avoidance of criminal liability in cases where the criminal offence falls outside the aforementioned limited scope, even though it was committed to gain a material advantage over the affected party. The article also addresses the guilt of legal entities. In this regard, the article criticizes the approach of the Supreme Court of Lithuania for its evident limitation of corporate criminal liability, especially in the context of large corporations owned by many shareholders. As a possible solution, it was proposed to lay criminal responsibility on corporate governance bodies instead of the shareholders.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

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