scholarly journals The Criminogenic Risks of Irregular Migration in Conditions of Armed Conflict in Ukraine.

Dixi ◽  
2021 ◽  
Vol 23 (2) ◽  
pp. 1-25
Author(s):  
Revista Dixi ◽  
Oleksii M. Lytvynov ◽  
Yurii V. Orlov ◽  
Andrei M. Yashchenko ◽  
Kseniya V. Yurtayeva
Keyword(s):  
Armed Conflict ◽  
Legal Status ◽  
National Level ◽  
Criminal Code ◽  
Irregular Migration ◽  
Internally Displaced ◽  
Irregular Migrants ◽  
Occupied Territories ◽  
Favourable Environment ◽  
Practical Implications

The purpose of the paper is to comprehend and examine dimensions of irregular migration, namely its criminogenic, victimological sources and its background influence on criminal processes in conditions of armed conflict in Ukraine. Results of the study allows us to draw a sound conclusion that irregular migration poses a number of criminogenic risks to Ukrainian national security as well as to the rights and freedoms of Ukrainian citizens, especially of those who remain or arrive to the occupied territories. The research ascertains that criminogenic potential of migration may be viewed from two related perspectives associated with the phenomenon of migrants’ criminality and migrants as potential or real victims of crime. The research outlines the factors providing a favourable environment for engaging irregular migrants into criminal activities. Basing on the recent amendments to the Criminal Code of Ukraine and current criminal statistic the research ascertains the links of ethnic minority criminality and mercenary activities with irregular migration in Ukraine. The research provides arguments that internally displaced persons can be viewed as a contemporary type of intra-state migration that poses additional criminogenic hazards in conditions of the armed conflict in Ukraine. Practical implications of the study lie in the recommendations for decreasing the risks of irregular migration, in conditions of armed conflict in Ukraine, defined a following: resolving the issue on the legal status of the armed conflict in Eastern regions of Ukraine, as well as recognising Lugansk Public Republic and Donetsk Public Republics terrorist’s organisations on the national level. Reinforcing suppression of all kinds of smuggling, international. 

scholarly journals New Legal Solutions in the Hungarian Criminal Law with Reference to the Fight against the Irregular Migration

2019 ◽  
Vol 4 (2) ◽  
pp. 44
Author(s):  
Robert Bartko
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Irregular Migration ◽  
Member States ◽  
Irregular Migrants ◽  
Criminal Procedure Law ◽  
General Section ◽  
Criminal Statistics

International migration has intensified during the last two decades. Europe has been receiving increasing number of migrants from the developing countries (primarily from the Near-East). The number of the irregular migrants entered the European Union reached unprecedented levels in the last four years. The mentioned phenomenon affected the European Union and the Member States as well. The irregular migration is defined and managed in different ways by the Member States. In 2015, when Hungary was in the centre of the migratory flow, a political decision on taking the necessary criminal measures to stop the irregular migrants was made by the Hungarian Government. The legal response concerned widely the Hungarian legal system. In the centre of the amendment were the criminal law and the criminal procedure law. Within the frame of the mentioned decision the Hungarian Criminal Code was amended with three new crimes which are the followings: damaging the border barrier, unlawful crossing the border barrier and obstruction of the construction work on border barrier. The above-mentioned amendment modified the general section of the Criminal Code as well concerning the irregular migration. The aim of the paper is to present on the one hand the solution of the Hungarian criminal law with special reference to the new statutory definitions using the analytical method and on the other hand the data of the Hungarian criminal-statistics as well. However, it shall be underlined that in our paper we could work only with the offical criminal-statistics for 2015-2017 because until the finishing of our study the Unified Hungarian Criminal Statistic of the Investigation Authorities and Prosecution did not summarize yet the data concerns the year of 2018.

scholarly journals Problems of inheritance in the anti-terrorist operation zone and in the occupied territories

2020 ◽  
pp. 14-18
Author(s):  
A.V. Goncharova ◽  
V.Yu. Chuikova
Keyword(s):  
Legal Status ◽  
Internally Displaced Persons ◽  
Internally Displaced ◽  
Law System ◽  
Special Procedure ◽  
Occupied Territories ◽  
The Will ◽  
The Right ◽  
Civil Law System ◽  
Legal Consequences

In this article, the authors reveal the issue of inheritance in the anti-terrorist operation zone and in the occupied territories. The institution of inheritance in the civil law system is one of the most important issues of research, its importance is due to the fact that the object of inheritance is the right of ownership. The issue of inheritance in the controlled territories remains relevant. This applies to both subjects and objects of inheritance rights. The article emphasizes that in accordance with the Declaration of State Sovereignty of Ukraine and the Constitution of Ukraine, the sovereignty of Ukraine extends to its entire territory, which within the internationally recognized state border is integral and inviolable. Indicated. That within the temporarily occupied territories there is a special procedure for ensuring the rights and freedoms of the civilian population, defined by the legislation of Ukraine. Individuals, regardless of their registration as internally displaced persons or their acquisition of special legal status, and legal entities retain the right of ownership, other real rights to property, including immovable property, including land plots temporarily occupied territories, if such property is acquired in accordance with the legislation of Ukraine. It is noted that the activities of armed groups and the occupation administration are illegal, and any act issued in connection with such activities is invalid and does not create any legal consequences. Emphasis is placed on the fact that the process of inheritance on Ukrainian lands is unchanged, namely, by will and by law. Inheritance by will occurs if the deceased person made a will before death and it is valid. In his absence there is an inheritance by law. Inheritance by law takes place in the following cases: absence of a will; invalidation of the will; the death of the heirs specified in the will before the opening of the inheritance or their refusal to accept the inheritance; the testator revoked a previously made will and left no new one; the will was declared invalid by a court; if the will does not cover all the property belonging to the testator.

scholarly journals Differentiation of criminal liability for various forms of high treason

2020 ◽  
pp. 386-395
Author(s):  
Sergii Sergiievskyi
Keyword(s):  
Armed Conflict ◽  
Criminal Liability ◽  
Criminal Code ◽  
Martial Law ◽  
Legal Doctrine ◽  
National Courts ◽  
Foreign State ◽  
Significant Difference ◽  
Occupied Territories ◽  
The Russian Federation

The article is devoted to the differentiation of criminal liability for various forms of treason. Using the experience of Ukraineafter the occupation of its territories by the Russian Federation in 2014 and legal doctrine, analyzed some forms of crime under Art. 111of the Criminal Code of Ukraine.Such forms of treason are considered as: 1) transition to the side of the enemy in a state of martial law or during an armed conflict;2) espionage; 3) providing assistance to a foreign state, foreign organization or their representatives in carrying out subversive activitiesagainst Ukraine. Emphasis is placed on the fact that the statistics of convictions for treason and the actual number of servicemen, lawenforcement officers, judges, and civil servants who have sided with the enemy differ significantly. Difficulties and contradictions inlaw enforcement are revealed, ways of their elimination are offered.Based on the study of each of the forms of treason, the responsibility for which is provided by Art. 111 of the Criminal Code ofUkraine, revealed a significant difference in the degree of public danger of such acts. Analysis of the practice of national courts also showsthat for this crime under Art. 69 of the Criminal Code of Ukraine often imposed a milder punishment than provided by law. Ta king intoaccount the above, as well as the experience of the legislation of states such as Germany, Switzerland, Sweden, it is proposed to providein a separate article of the Criminal Code of Ukraine to allocate such a form of treason as providing assistance to a foreign state, foreignorganization or their representatives. According to the author, this act should be defined as a not particularly serious crime, which shouldbe punishable by imprisonment for up to ten years. This will avoid the unjustified severity of the criminal law, and in the event of a politicaldecision to reintegrate the occupied territories, apply amnesty to those who will be prosecuted for such a crime after the conviction.

scholarly journals THE CONCEPT AND SPECIALITIES OF THE ADMINISTRATIVE AND LEGAL STATUS OF WOMEN WHO SUFFERED AS CONSEQUENCE OF ARMED CONFLICT IN UKRAINE

2019 ◽  
pp. 69-75
Author(s):  
V.O. Torianyk
Keyword(s):  
Single Mothers ◽  
Russian Federation ◽  
Armed Conflict ◽  
Legal Status ◽  
Legal Capacity ◽  
Internally Displaced ◽  
Administrative Capacity ◽  
Occupied Territory ◽  
The Russian Federation ◽  
Status Of Women

This article explores the concept and specialties of the administrative and legal status of women who suffered as a consequence of armed conflict in Ukraine. The analysis confirms that the administrative and legal status of women, who have suffered as a result of an armed conflict, safeguards their legal position in relations to the executive bodies, promotes their rights, and ensures that their interests are protected by law when appealed to the certain administrative bodies. Women who have been affected by an armed conflict have a general administrative legal status, as do other citizens. Their legal capacity shall not be different from any other person. At the same time, their administrative capacity may be of limited or broader nature due to the acquisition of additional statuses, such as internally displaced persons (referred to as IDPs), single mothers, participants in hostilities due to the armed aggression of the Russian Federation. Administrative legal status assumes the presence of an administrative legal personality, that consists of an administrative capacity, dispositive capacity, and delictual dispositive capacity. On the basis of this analysis, the following categories of women who suffered as a consequence of armed conflict were identified: women who left the temporarily occupied areas of Donetsk and Luhansk regions and acquired IDP status; single mothers; women participating in an anti-terrorist operation to ensure national security and defense, to repel and deter the armed aggression of the Russian Federation in Donetsk and Luhansk regions; women who remained in the occupied territory. Victims of an armed conflict may acquire both general and special administrative legal status. At the same time, the acquisition of a special administrative legal status (for example, IDPs) creates certain restrictions in the implementation of certain social and suffrage rights of women who have been affected by the armed conflict. The administrative capacity of such women shall be no different from the general capacity of any other citizens, but in fact, the legal capacity of women who have been granted IDP status (right to freedom of movement, right to vote in local elections) is limited, even despite the fact that these rights and freedoms are guaranteed by the Constitution of Ukraine and other laws. Special status for persons who remain in the occupied territory also implies limitations to their legal capacities. The state has established a special system for the movement of persons and goods through the line of demarcation. Ukraine cannot guarantee the majority of constitutional rights and freedoms due to certain parts of its territories being occupied by a country-aggressor. Further research requires a distinct analysis of the issue of reintegration of the occupied territories of Ukraine. Keywords: administrative legal status, general administrative legal status, special administrative legal status, internally displaced person, administrative capacity, dispositive capacity.

scholarly journals SOME ISSUES OF PAYMENT OF PENSIONS TO PERSONS AFFECTED BY THE MILITARY CONFLICT IN THE EASTERN UKRAINE

2021 ◽  
Vol 77 (4) ◽  
pp. 75-84
Author(s):  
Liubov Knyazkova ◽  
◽  
Ivan Ivanov ◽  
Margaryta Kravtsova ◽  
◽  
...  
Keyword(s):  
Armed Conflict ◽  
Legal Regulation ◽  
Internally Displaced Persons ◽  
Constitutional Rights ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Occupied Territories ◽  
The Right ◽  
State Pension ◽  
The Military

The article focuses on the study of the problems of payment of pensions to internally displaced persons and residents of the occupied territories of Donbas. As Ukraine today faces a problem unknown to it – the need to address issues related to the payment of pensions to victims of the armed conflict in the Eastern Ukraine, there is a need to develop effective mechanisms for exercising the right for pensions for these categories of persons. Normative acts and practice of application of the legislation on provision of pensions of internally displaced persons and persons living in the temporarily occupied territories are analysed. The article shows the features of legal regulation of provision of pensions and develops theoretical and practical proposals and recommendations. Emphasis is made on the fact that the occupation of Ukrainian territories and the military aggression of the Russian Federation have forced Ukraine to respond to the problems of Ukrainian citizens affected by the Russian-Ukrainian conflict. It is concluded that the establishment of a special procedure for repayment of arrears of pension benefits for the past period by a court decision restricts internally displaced persons in the right for a pension and is illegal. Non-payment of pensions to residents of the occupied territories of Donbas violates their constitutional right for a pension. Emphasis is placed on the fact that such conditions are discriminatory, as other (less favourable) conditions for payment of pensions are defined. Based on the practice of application of the legislation, it was found that social protection bodies violate the constitutional rights of this category. It is proposed to strengthen the responsibility of officials for violating the constitutional rights of persons affected by the consequences of the armed conflict. It focuses on bringing Ukrainian legislation on pensions of persons who have suffered as a result of the occupation of Donbas in accordance with the Constitution of Ukraine and international standards. It is proposed that the laws "On Compulsory State Pension Insurance" and "On Provision of Pensions" provide for a norm that would establish the obligation of officials who grant pensions to take into account the legal positions set forth in decisions of the Supreme Court and the results of their consideration of exemplary cases on pension issues. According to the author, it should be noted that ignoring this requirement entails disciplinary proceedings, and illegal refusal to pay a pension leads to criminal liability. With this purpose the author proposed to amend the Criminal Code and the supplement it with the article "Illegal refusal to appoint or pay a pension".

Fixing, Adjusting, Regulating, Protecting Human Rights - The Shifting Uses of Regularisations in the European Union

2011 ◽  
Vol 13 (3) ◽  
pp. 297-316 ◽  
Author(s):  
Albert Kraler
Keyword(s):  
European Union ◽  
Human Rights ◽  
Legal Status ◽  
The European Union ◽  
Human Rights Law ◽  
Irregular Migrants ◽  
National Human ◽  
Almost All ◽  
Human Rights Based Approach ◽  
The Eu

AbstractAlmost all Member States in the European Union currently make use, or in the past have made use of some form of regularisation of irregular immigrants, although to greatly varying degrees, in different ways and as a rule only reluctantly. A distinct feature of recent regularisations has been the shift towards a humanitarian justification of regularisation measures. In this context, regularisation has become reframed as an issue of the protection of irregular migrants’ human rights. As a result, regularisation has to some extent also been turned from a political tool in managing migration into an issue of international, European and national human rights law. While a human rights framework indeed offers a powerful rationale and at times compelling reasons why states ought to afford a legal status to irregular migrants, I argue that a human rights based approach must always be complemented by pragmatic considerations, as a human rights based justification of regularisation alone will be insufficient to find adequate responses to the changing presence of irregular migrants in the EU, not all of which can invoke human rights based claims to residence.

International legal framework for the criminal legal protection of the embryo

2021 ◽  
pp. 296-308
Author(s):  
Nikolai A. Ognerubov
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Assisted Reproductive Technologies ◽  
Legal Protection ◽  
Reproductive Technologies ◽  
Legal Framework ◽  
Criminal Code ◽  
International Aspects

In connection with the active development and use of assisted reproductive technologies, protection of the human embryo and its legal status issue is currently being actualized. We make an attempt to reveal and explain some of the international aspects of the criminal law protection of the life and rights of the embryo. We consider the concept of “embryo” not only from the point of view of various scientific approaches (medicine, biology, embryology, jurisprudence), but also from the legislative side. We present and analyze the first mention of the embryo in Roman private law in connection with modern domestic law. We carry out an analysis of international legal acts that provide protection of embryos both “in vitro” and “in vivo”, followed by consideration of specific criminal law norms of foreign countries, namely Brazil and Colombia. We pay attention to some of the most famous cases from the jurisprudence of the European Court of Human Rights in order to understand the applied international legal acts “de facto”. The study also takes into account modern domestic legislation and considers point “g” of part 2 of Article 105 of the Criminal Code of the Russian Federation.

scholarly journals Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects

2019 ◽  
Vol 13 (4) ◽  
pp. 564-574 ◽  
Author(s):  
Zarina Khisamova ◽  
Ildar Begishev
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Legal Status ◽  
Industrial Revolution ◽  
Criminal Liability ◽  
Criminal Code ◽  
Design Development ◽  
Legal Personality ◽  
Active Involvement ◽  
Self Learning

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.

scholarly journals National security of Somalia and it’s challenges

2021 ◽  
Vol 70 (7) ◽  
pp. 112-116
Author(s):  
Ahmed Ali Abdirahman
Keyword(s):  
National Security ◽  
Armed Conflict ◽  
Internally Displaced ◽  
Internally Displaced People ◽  
Humanitarian Crises ◽  
History Of ◽  
Displaced People ◽  
State Protection

Ongoing armed conflict, insecurity, lack of state protection, and recurring humanitarian crises exposed Somali civilians to serious abuse. There are an estimated 2.6 million internally displaced people (IDPs), many living unassisted and vulnerable to abuse. Somalia's history of conflict reveals an intriguing paradox--namely, many of the factors that drive armed conflict have also played a role in managing, ending, or preventing war.

scholarly journals The challenges of internally displaced persons and the way forward: the Nigerian experience

2021 ◽  
Vol 1 (1) ◽  
pp. 17-36
Author(s):  
Agbo Friday Ojonugwa
Keyword(s):  
Armed Conflict ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
Displaced Persons ◽  
Internally Displaced ◽  
Lasting Peace ◽  
History Of ◽  
Displaced People ◽  
The Government ◽  
Peace And Development

Internally displaced persons (IDPs) are usually forced to flee or leave their homes, particularly in situations of armed conflict. They are displaced within their national territories and are generally subject to heightened suffering and vulnerability in many cases. It is also essential to state that the issue of internal displacement has become prominent because of the realisation that peace and reconstruction in conflict-ridden societies depend on the effective settlement and reintegration of displaced persons. Nigeria is a country that has a history of conflicts and displaced people. There has been a challenge in finding lasting peace through the employment of conflict resolution techniques and also the challenge of catering for the welfare of internally displaced persons in the country. However, peace and development without taking into account the settlement, return, and reintegration of IDPs. These desirous objectives are proving quite difficult in Nigeria as many challenges confront the government, policymakers, and humanitarian NGOs in providing the IDPs with their rights and needs. Some of the challenges can easily be overcome while some are more tasking requiring concerted efforts and massive resources to overcome. The aim of this article is to highlights the significant challenges confronting IDPs and provides some solutions to these challenges. In adopting the doctrinal method in discussions, the article finds that enormous challenges abound that confront IDPs in Nigeria, and it finds that there is the need for the government to find urgent solutions to the challenges of IDPs for the wellbeing of IDPs  

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