scholarly journals GENESIS OF CRIMINAL LIABILITY AND THE PREVENTION OF CORRUPTION CRIMES IN UKRAINE

2020 ◽  
pp. 124-130
Author(s):  
A. V. Borovyk
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Historical Context ◽  
Strict Sense ◽  
Social Challenges ◽  
Complex Concept ◽  
The Past ◽  
Foreign Countries ◽  
Large Scope

This article presents a view on peculiarities of criminalization of acts of corruption (corrupt practices, offences) and on their prevention in Ukraine in different historical times. Besides, a personal variation of periodization of this practice has been introduced that allows performing the comparison of correspondent corruption phenomena in foreign countries with classification of genesis. It has been established that acts of corruption fixed in written sources have been developing during rather long time. In the criminal laws of state formations on the territory of Ukraine of past ages there were no direct indications on “corruption-related” crimes (offences), their list and specific types, and therefore, we define the most typical forms of their objectivization as “corruption expression”, “corruption practices”, “acts of corruption”, etc., which could have various forms of their external manifestation and which in different ages had various names (“sacrifice”, “offering gifts”, “palm greasing”, “bribability”, “sin”, “extortion”, “feeding”, “bribetaking”, “venality”, “bribery”, “favouritism”, etc.). If to speak about measures to prevent acts of corruption, it has to be mentioned that within a historical context they cannot be characterized by systemacity, large scope, correspondent levels, and other important features. Only in 2014 the concept of corruption-related crime was firstly introduced into the criminal law of Ukraine of 2001 as a consequence of implementation of provisions of correspondent international Anti-corruption Conventions of previous decades. Phenomenality of corruption crimes is tightly connected with the absence of any historical example of its complete liquidation both in a separate state and within separately determined chronological period. Corruption as one of the oldest phenomena in social relations has continuously been altered and modified throughout history and new forms of its expression have appeared due to complication of political and economic order. Taking into consideration the aforesaid, in order to have comprehensive understanding of modern issues of criminal liability and prevention of corruption-related crimes (corruption-related offences) in Ukraine, it is actual to appeal to an estimation of practice of the fight against various acts of corruption and their prevention in correspondent state formations of the past ages from the perspective of its optimality, reasonableness, and correlation with political, economic and social challenges of the life in those days. Besides, the comparison of periodization of criminal liability development and corruption-related crimes in Ukraine and in foreign countries would be of great importance as such investigations are practically non-existent. At the same time we understand that we may actually speak about criminal liability just for corruption-related crimes and their prevention (both on national and worldwide basis) in a strict sense taking into consideration only the last hundred years, that means the period, when the term “corruption” and its derived concepts have become steadily used in policy, regulatory legal acts, and legal literature, when international Anti-corruption Conventions have been adopted, basing on which the correspondent provisions in the criminal law of some specific countries have been approved and reformed thereafter, and also anti-corruption programs (laws) have been developed. However, the diverse corruption phenomena of the past (sacrifice, offering gifts, palm greasing, extortion, “feeding”, “bribetaking”, “venality”, bribery, etc.) have formed the basis for appearance of modern complex concept of “corruption-related crime (corruption-related criminal offence)”.

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 Criminal law policy of countering animal cruelty:a comparative study

2021 ◽  
Vol 17 (4) ◽  
pp. 129-139
Author(s):  
Andrey Yu. Aseev ◽  
Elena I. Chekmezova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Western Europe ◽  
Criminal Liability ◽  
The United States ◽  
Animal Abuse ◽  
Effective Protection ◽  
Foreign Countries ◽  
The Subject

The subject of the research is the phenomenon of criminal law protection of animals from abuse. The purpose of the research is to provide likely analysis of the experience of establishing criminal liability for animal abuse in the post-Soviet countries, Western Europe and the United States. The methodological basis of the research consists of comparative legal, formal legal and systematic methods. In the course of the research, the specifics of the construction of criminal law norms providing for liability for animal abuse in foreign countries are determined. The focal points of the criminal law policy of countering animal cruelty in the sphere of criminalization of acts encroaching on public relations in the field of animal welfare are considered. The authors substantiate the possibility of assimilation into the Russian criminal law of a number of provisions of the criminal laws of foreign countries in terms of establishing liability for encroachment on the life of animals in order to ensure effective protection of social relations from negative development in the field of animal treatment.

scholarly journals Extrajudicial Forms of Protecting Rights and Freedoms of a Person in the Field of Criminal Law Relations: Conceptual Aspects and Improvement of State Response

2021 ◽  
Vol 15 (2) ◽  
pp. 210-219
Author(s):  
Alexander Smirnov ◽  
Andrey Santashov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Cultural Development ◽  
Psychological State ◽  
Criminal Prosecution ◽  
Russian Society ◽  
Self Defense ◽  
Legal Forms

The article describes the conceptual basis for a new special research theory — extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations. The authors introduce the concept of these forms and their system consisting of legal and non-legal forms of such protection. It is concluded that the reaction of the state to the implementation of legal extrajudicial forms of protecting rights and freedoms of a person in the field of criminal law relations should be improved with the purpose of ensuring greater justice when making decisions on criminal prosecution for the self-defense of the legal status of a person in the analyzed sphere of relations. The authors offer a number of suggestions on changes and amendments to the Criminal Code of the Russian Federation that would improve the effectiveness of this reaction. On the other hand, non-legal forms of self-defense in the field of criminal law relations should be prevented. The authors present a list of factors determining the existence of these forms in the Russian society, some of which, due to certain circumstances both in the past and present period of the deve­lopment of Russian state and society, have an «excusable» character. These factors include both global (the spread of various discrimination practices, ideas of extremism and religious radicalism; the escalation of violence) and national factors (historical predetermination of state and public development; features of cultural development of the Russian society; specifics of the implementation of state policy and public administration activities; drawbacks of criminal law regulation of social processes and law enforcement activities; destructive practices of social relations; moral and psychological state of the society; influence of propaganda; defective educational and pedagogical influences, etc.). The authors also present a system of preventive measures aimed at eradicating non-legal forms of the analyzed extrajudicial protection. This system includes measures of developing a state reaction to crimes that would correspond to social expectations, ensuring a greater strictness of criminal law, unavoidability of prosecution, as well as measures of moral rehabilitation of the Russian society, raising the level of its legal conscience and culture. The authors suggest the introduction of a norm that establishes criminal liability for usurping the power of the court connected with the administration of justice.

scholarly journals CRIMINAL POLICY OF RUSSIA IN THE SPHERE OF COMBATING ILLEGAL DRUG TRAFFICKING (from the 70's to the present day)

2018 ◽  
pp. 24-30
Author(s):  
Alexey Vitalievich Sumachev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Drug Trafficking ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Illegal Drug ◽  
Criminal Legislation

The article describes the formation and development of the institution of criminal liability for crimes related to drug trafficking in the domestic criminal legislation. Based on the analysis of changes in the criminal law in the regulation of social relations in the field of drug trafficking, an attempt is made to trace the process of formation of a modern criminal law concept of combating their illegal trafficking

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 OFFENSE - THE ONLY GROUND FOR CRIMINAL LIABILITY

2014 ◽  
Vol 8 (4) ◽  
pp. 149-156
Author(s):  
Laura-Roxana Popoviciu
Keyword(s):  
Rule Of Law ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

This study aims to examine the offence as the only ground for criminal liability. Article 15, paragraph 2 of the Criminal code provides that: “offences are the only grounds for criminal liability”, which implies the existence of an act, which is detected by the bodies empowered under the law in the form required by law, and also this principle comes as a guarantee of the person’s freedom because, without committing an act provided for by the law as an offense, the criminal liability cannot exist.The criminal liability is one of the fundamental institutions of the criminal law, together with the institution of the offence and of the sanction, set in the various provisions of the Criminal code.As shown in the Criminal code, in Title II regarding the offence, there is a close interdependence among the three fundamental institutions. The offence, as a dangerous act prohibited by the criminal rule, attracts, by committing it, the criminal liability, and the criminal liability without a sanction would lack the object. It obliges the person who committed an offence to be held accountable for it in front of the judicial bodies, to bide the sanctions provided for by the law, and to execute the sanction that was applied.The correlation is also vice-versa, meaning that the sanction, its implementation, cannot be justified only by the existence of the perpetrator’s criminal liability, and the criminal liability may not be based only on committing an offence.The criminal liability is a form of the judicial liability and it represents the consequence of non-complying with the provision of the criminal rule. Indeed, the achievement of the rule of law, in general, and also the rule of the criminal law implies, from all the law’s recipients, a conduct according to the provisions of the law, for the normal evolution of the social relations.

scholarly journals CRIMINAL AND LEGAL CHARACTERISTICS OF TRANSNATIONAL CRIME: COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Oleksandra Skok ◽  
◽  
Taisiia Shevchenko ◽  
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Criminal Liability ◽  
Transnational Crime ◽  
Criminal Code ◽  
Foreign Countries ◽  
International Regulations ◽  
Transnational Connections ◽  
The Republic ◽  
Definition Of

This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.

scholarly journals The 1870s populists’ idea of Russian origins of why they were in opposition

2019 ◽  
pp. 25-31
Author(s):  
Yelena L. Sarayeva ◽  
Igor’ A. Tsoy
Keyword(s):  
Young People ◽  
Social Relations ◽  
Historical Memory ◽  
Historical Context ◽  
Reliable Information ◽  
Reform Era ◽  
Revolutionary Movement ◽  
The Past ◽  
The Social ◽  
The Government

The analysis of the 1870s populists' idea of historical circumstances that influenced the development of the revolutionary movement, the formation of the worldview of that time's radicals is suggested in the paper. The novelty of the study lies in the reconstruction and interpretation of the populists' views on the politics of the government, on social relations under Alexander II of Russia. The socio-political circumstances of the "Great Reforms" era served as the historical context of the revolutionary movement. It is important to analyse the populists' ideas about the reasons for radicalising the mood of some young people in the Reform era of Alexander II of Russia. The problem of origins of why the populists were in opposition is under-studied. The study is carried out in the context of axiological and humanitarian approaches, which oblige to study the personality culture of the past, those people's system of values and ideas. The populists' texts – their memories and writings – formed the source base of the study. Written for the purpose of wide popularisation of revolutionary ideas, they contain reliable information about the 1870s revolutionaries' worldview, they reveal the features of their subculture, historical memory. Populist ideas about the reforms of Alexander II of Russia, about the repression of the authorities after the tsar assassination attempt committed by Dmitry Karakozov, about the social contradictions of that time, about the circle of reading of the revolutionaries as factors that influenced the formation of their beliefs, are revealed in the article. The analysis of those perceptions allows reproducing the features of the populist version of the Russian origins of why they were in opposition.

Recent Developments in Israel Criminal Law

1977 ◽  
Vol 12 (2) ◽  
pp. 180-193
Author(s):  
Dan Bein
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Human Behaviour ◽  
The Past ◽  
Actual Fact ◽  
Recent Developments ◽  
The Creation ◽  
Criminal Legislation ◽  
Ebb And Flow

Criminal liability, in the widest sense has its periods of ebb and flow; thus for a certain length of time it may extend over a greater field of human behaviour and then may withdraw and permit forms of conduct formerly regarded as criminal to be no longer so regarded.Looking at recent developments in Israeli substantive criminal law it appears that we are now in a period of “flow”, which finds its expression in various forms, namely:1) The adoption by the courts of less strict canons of interpretation of criminal legislation;2) The application of general doctrines, especially those of attempt, conspiracy and complicity more widely than before;3) The narrowing down of certain defences;4) The creation of new offences or the amending of existing offences with a view to covering modes of conduct which have not, in the past, been subject to criminal law.5) The broadening of the spatial (or territorial) application of the criminal law. This is generally expressed in Israel—according to English tradition—in terms of the jurisdiction of the courts, but in actual fact it is not a procedural matter but relates to the question of the breadth of the criminal law itself.

scholarly journals Foreign experience in legal regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act

2021 ◽  
Vol 12 (1) ◽  
pp. 144-154
Author(s):  
Alexander М. Smirnov ◽  
◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Legal Practice ◽  
State Response ◽  
Foreign Countries ◽  
Scientific Attention ◽  
The Right ◽  
The Given

The article describes the provisions of the sources of criminal law of some foreign countries regarding the regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act. The author refers to these forms as a necessary defense, causing harm to the person who committed the crime, and extreme necessity. The article discusses the possibility of implementing the provisions of these sources in Russian criminal law to improve the state response to the implementation of these forms. The author comes to the conclusion that the most positive and constructive features of legal regulation in foreign countries, extrajudicial forms of protection of an individual’s rights and freedoms while excluding the criminality of the act, deserve scientific attention and consideration of their implementation in domestic criminal law and legal practice. The main features consist of the following: the conditions for the onset of the right to necessary defense, extreme need and infliction of harm during the detention of a person who has committed a crime, and the grounds for exceeding it; taking into account the situation when determining the legitimacy of the given circumstances; allocation of privileged conditions under which a person is either exempted from criminal liability or not exempted from it, but can count on mitigation of punishment; criminal prosecution for actions if absolutely necessary only if they have resulted in more harm than the harm prevented; regulation of legal and factual error with the necessary defense and extreme necessity; legal regulation of the conditions for the use of weapons in the implementation of these forms; holding accountable those who provoked the necessary defense; the emergence of the right to necessary defense of the person whose rights are being encroached upon.

Sign in / Sign up

Export Citation Format

Share Document