scholarly journals New Essence and Categorization of Criminal Offenses and Responsibility

Author(s):  
Irina Sopilko ◽  
Sofia Lihovaya ◽  
Nataliia Uvarova

The authors analyze the positions of Ukrainian, Russian and other scholars of the post-Soviet and the EU countries regarding the essence and categorization of offenses and ensuing legal responsibility, as well as the place that criminal offenses hold among them and responsibility for these offences. They draw attention to the discrepancies in the positions of those authors who believe crimes and misdemeanors to be socially dangerous and the requirements in the Criminal Codes of many countries that state directly that due to its insignificance an action stops being socially dangerous and criminal. In this connection it is not logical that Ukraine and a number of other countries have introduced such categories as criminal offenses and criminal misdemeanors. The authors suggest solving this problem by introducing a fifth category of crimes based on the degree of gravity — the mildest crimes. Using new approaches of different researchers, the authors present their own solution of the problem: they define and categorize offenses into criminal ones (crimes – actions that have all the indicia and elements of a crime; underage acts — committed by persons who have not reached the age of criminal responsibility; insane acts — offenses committed by mentally incompetent and partially mentally incompetent persons; guiltless acts — when there is not guilty party; accidents — acts of natural forces, including acts of animals without the activity of a person) and non-criminal (constitutional, administrative, disciplinary, civil, business) offences that are further categorized in the same way into misdemeanors, underage acts, insane acts and special cases, whose essence is determined similarly to the corresponding types of criminal offenses. New approaches of different scholars allowed the authors to present their own variant of determining the essence and structure of legal responsibility and its categorization into administrative, disciplinary, civil and business responsibility with further subdivision, using the example of constitutional and criminal responsibility, of all types of legal responsibility into positive and negative (punitive-educational, restorative and concomitant).

2017 ◽  
Vol 17 ◽  
pp. 128-138
Author(s):  
A. Ivanovic

This paper will present the method of standardization and accreditation of forensic work as one of the most important segments in resolving criminal offenses and detecting their perpetrators. When dealing with criminal investigations, in the case of cross-border crime, terrorism and corruption, it is of great importance to apply the evidence obtained in one country in other countries in the right way. In that direction, the paper will provide an overview of the harmonization of the performance offorensic-expert jobs in the countries of Europe, primarily related to the Decision of the EU Council 2009/905/JHA on the accreditation of forensic services and the conduct of laboratory activities in a uniform, standardized and uniform manner, for criminal-forensic investigations, as well as the European Union project The creation of a European forensic space and development of the forensic infrastructure in Europe by 2020, which will be completed in all EU countries by 2020.


Author(s):  
Ryzhyuk Yevgeny

The subject of the research is a set of institutional institutions and organizational and managerial relations that effectively regulate the financial and investment environment in the EU countries, comparing them with Ukrainian realities.The goal of writing this article is to develop practical and scientific-methodicalrecommendations on how to increase the efficiency of using financial and investment potential based on the experience of EU countries. The methodology of thework-system-structural and comparative studies (to understand the logic of thefunctioning of institutions that form the investment environment and the mechanisms of their interaction); monographic analysis (in studying the problems ofattracting investors); historical and economic analysis (in assessing the state andprospects of the European, as well as the Ukrainian economy). Results of work -it is revealed that modern European regulators are aimed at forming a holisticinvestment and financial infrastructure and investment platform at the supranational level. It was proposed to carry out further liberalization of currency regulation in Ukraine in order to transform it into a convenient and efficient electronicautomated currency exchange system and introduce the integration of the domestic depository system into the international depositary clearing system Clearstream.It was noted that the financial and investment environment in Ukraine is blockedand domestic monopolies are interested in this, thanks to lobbying in the Verkhovna Rada of Ukraine and in the executive branch they have distorted financial,investment and currency legislation for their interests and needs. Conclusions-thepresence of a holistic investment and financial infrastructure in the EU countriesis due to the gradual convergence and unification of legislation at the nationallevel to the supranational level. In addition, it is reasonably high investment positions of Ireland in the world and it was proposed to use this experience to createa favorable financial and investment environment in Ukraine. Note that the formation of the financial and investment environment in Ukraine according to European standards is hampered by: oligarchic monopolies, which parasitizes mainly onnatural monopolies; government corruption; confusing and incomprehensible legislation for investors; high tax rates and tax administration system; instability ofthe banking system, the risks of hryvnia devaluation; the insecurity of landagrarian relations; as well as armed conflict in the east of Ukraine.


2015 ◽  
Vol 10 (3) ◽  
pp. 191-207
Author(s):  
Walentyna Kwiatkowska

The role of the service sector in the economy is increasing in the process of socio-economic development. This tendency has been confirmed and explained by the three-sector theory formulated by A.G.B. Fisher, C. Clark, and J. Fourastie. The main goal of the paper is to show development tendencies in service sectors in Poland and the EU countries and assess them in view of the three-sector theory. The share of the service sector in the total employment and in the total gross value added in the years 2005-2013/2014 will be analysed together with two sub-sectors including market and non-market services. The research shows that the share of the service sector in total employment and total gross value added has been recently increasing in Poland as well as in other EU countries, but there is a gap in this process between Poland and the most developed EU countries. Moreover, in Poland, the role of market services has been recently increasing much faster than the role of non-market services. 


2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.


Author(s):  
Любовь Евгеньевна Логунова

В статье автором проводится анализ законодательных памятников права Московского государства XV-XVI вв. и публично-правовых грамот. Выявляется проблема отсутствия законодательного закрепления таких понятий, как «коррупция», «коррупционное правонарушение». Предпринимается попытка определения данных понятий. Сравнивается понимание указанных явлений в XV-XVI вв. с современной правовой интерпретацией. Анализируются и раскрываются основные аспекты и особенности коррупционных правонарушений, характерные для периода Московского государства. Перечисляются меры противодействия коррупции на современном этапе и в рассматриваемом временном периоде. Изучаются не только такие известные памятники российского права, как судебники, но также и иные источники права периода XV-XVI вв. Перечисляются и раскрываются меры юридической ответственности за совершение коррупционных правонарушений. Дается краткая характеристика видам юридической ответственности, применяемым за совершение коррупционных правонарушений. Подчеркивается тяжесть уголовной ответственности, которую несли низшие судебные чиновники за совершение коррупционных правонарушений. Автор обращает внимание на то, что законодатель рассматриваемого периода придавал большое значение борьбе с чиновничьим произволом на местах. В ходе исследования автор приходит к выводу о том, что расширение видов мер юридической ответственности за коррупционные правонарушения, назначение тяжких телесных наказаний за совершение такого рода деяний не привело к искоренению коррупции в рассматриваемом историческом периоде. In the article, the author analyzes the legal monuments of the Moscow state of the XV-XVI centuries and public legal documents. The problem of the lack of legislative consolidation of such concepts as «corruption», «corruption offense» is revealed. An attempt is made to define these concepts. The understanding of these phenomena in the XV-XVI centuries is compared with the modern legal interpretation. The main aspects and features of corruption offenses typical for the period of the Moscow state are analyzed and disclosed. Measures to counteract corruption at the present stage and in the considered time period are listed. We study not only such well-known monuments of Russian law as sudebniki, but also other sources of law from the XV-XVI centuries the measures of legal responsibility for committing corruption offenses are Listed and disclosed. A brief description of the types of legal liability applied for corruption offenses is given. The author emphasizes the severity of the criminal responsibility that was borne by lower judicial officials for committing corruption offenses. The author draws attention to the importance that the legislator of the period under review attached to the fight against official arbitrariness on the ground. In the course of the study, the author comes to the conclusion that the expansion of the types of measures of legal responsibility for corruption offenses, the appointment of heavy corporal punishment for committing such acts did not lead to the eradication of corruption in the considered historical period.


Energies ◽  
2021 ◽  
Vol 14 (6) ◽  
pp. 1570
Author(s):  
Tomasz Rokicki ◽  
Aleksandra Perkowska ◽  
Bogdan Klepacki ◽  
Piotr Bórawski ◽  
Aneta Bełdycka-Bórawska ◽  
...  

The paper’s main purpose was to identify and present the current situation and changes in energy consumption in agriculture in the European Union (EU) countries. The specific objectives were the determination of the degree of concentration of energy consumption in agriculture in the EU countries, showing the directions of their changes, types of energy used, and changes in this respect, establishing the correlation between energy consumption and changes in the economic and agricultural situation in the EU countries. All member states of the European Union were deliberately selected for research on 31 December 2018 (28 countries). The research period covered the years 2005–2018. The sources of materials were the literature on the subject, and data from Eurostat. Descriptive, tabular, and graphical methods were used to analyze and present materials, dynamics indicators with a stable base, Gini concentration coefficient, concentration analysis using the Lorenz curve, coefficient of variation, Kendall’s tau correlation coefficient, and Spearman’s rank correlation coefficient. A high concentration of energy consumption in agriculture was found in several EU countries, the largest in countries with the largest agricultural sector, i.e., France and Poland. There were practically no changes in the concentration level. Only in the case of renewable energy, a gradual decrease in concentration was visible. More and more countries developed technologies that allow the use of this type of energy. However, the EU countries differed in terms of the structure of the energy sources used. The majority of the basis was liquid fuels, while stable and gaseous fuels were abandoned in favor of electricity and renewable sources—according to which, in the EU countries, the research hypothesis was confirmed: a gradual diversification of energy sources used in agriculture, with a systematic increase in the importance of renewable energy sources. The second research hypothesis was also confirmed, according to which the increase in the consumption of renewable energy in agriculture is closely related to the economy’s parameters. The use of renewable energy is necessary and results from concern for the natural environment. Therefore, economic factors may have a smaller impact.


2019 ◽  
Vol 11 (15) ◽  
pp. 4173 ◽  
Author(s):  
Ramona Pîrvu ◽  
Cristian Drăgan ◽  
Gheorghe Axinte ◽  
Sorin Dinulescu ◽  
Mihaela Lupăncescu ◽  
...  

The impact of implementation of cohesion policy on the sustainable development of EU countries is of great interest and presents a number of actual challenges. This research aims to evaluate the impact and the effects of the cohesion policy among the Member States using hierarchical clustering analysis in order to identify how the selected variables affect the sustainable development adopted models. The variables used in the analysis were selected on the basis of official data provided by the European Commission, SDG Index and Dashboards Reports and the EU Cohesion Monitor. The results of the research have led to the grouping of the 28 Member States in a number of six clusters, identifying performers but also those countries that have a high potential for sustainable development or which require increased attention to be sustained in recovering existing gaps. The results of the study can be a starting point for policy makers and other stakeholders involved in their efforts to support sustainable development through effective and effective policies.


Sign in / Sign up

Export Citation Format

Share Document