scholarly journals The Development of Medical Criminal Law in Germany and in Russia

2021 ◽  
Vol 15 (4) ◽  
pp. 456-465
Author(s):  
Arseniy Bimbinov ◽  
Diana Stage
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Professional Activity ◽  
Medical Professionals ◽  
Criminal Prosecution ◽  
Wide Sense ◽  
Negative Consequences ◽  
Russian Science ◽  
Legal Assessment

Negative consequences of the actions of medical professionals have always been subject to controversial assessment from the legal standpoint. There were periods in Russian history when doctors were prosecuted even without establishing their guilt first, and the periods when doctors were not held responsible at all for the violations that they committed. Currently, medical and pharmaceutical work is a complicated process of performing professional functions connected with the observance of established standards and requirements of its organization. Most medical tests and manipulations of prevention, research, diagnostic, treatment or rehabilitation character are regulated by formal protocols which could, in some cases, prevent a qualified doctor from saving a patient’s life and in others — inflict forced harm on their health. Both of these situations require a legal assessment of the actions, the mechanism of which has not yet been fully determined. This circumstance could lead to a criminal prosecution of a medical professional whose fault is absent (or non-obvious). On the other hand, a structurally complex professional activity, for which there are no recognized methods of legal assessment, creates preconditions for various violations and abuses on the part of medical professionals. Changing relationships between a doctor and a patient, as well as the commercialization of modern medical practices have made the healthcare system one of the most delicto- and even criminally-oriented. These factors act as causes for the growing complexity of legislation (in the wide sense of the word) on criminal liability of medical professionals and the controversial law enforcement practice which, in its turn, leads to the interest of researchers in these problems. The results of such research often remain unconnected with other achievements of the criminal law science; due to this, it is necessary to study the development of law, including the practice of law enforcement and the doctrine, on criminal liability of medical professionals – medical criminal law. Taking into consideration that such a sub-branch of law is not traditional for Russian science, the authors present the results of researching the development of medical criminal law not only in Russia, but also in Germany, where this sphere of law has long been established as independent.

Criminal law measures to combat provocation of crimes and falsification of criminals

2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Actual Problem ◽  
The Individual

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

scholarly journals ESSENCE OF THE JUDICIAL PENAL IN THE CRIMINAL LAW

2020 ◽  
pp. 16-21
Author(s):  
Татьяна Геннадьевна Лепина
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
Legal Effect ◽  
First Time

В статье рассматривается содержание судебного штрафа как нового основания освобождения от уголовной ответственности. Отсутствие единой трактовки категории «судебный штраф» приведет к ошибкам в правоприменительной деятельности и будет препятствовать решению задач, возложенных на рассматриваемое основание освобождения от уголовной ответственности и уголовного преследования. Полагаем, что судебный штраф - это поощрительная индивидуализированная мера уголовно-правового воздействия, назначаемая лицу, совершившему впервые преступление небольшой или средней тяжести и возместившему причиненный вред, которое демонстрирует исправление (или потенциальную возможность исправления), но не достигло примирения с потерпевшим. Думается, судебный штраф находится на границе между наказанием и освобождением от него. Поэтому справедливо его отнесение к иным мерам уголовно-правового характера. The article considers the content of the court fine as a new ground for exemption from criminal liability. The lack of a unified interpretation of the category of «judicial fine» will lead to errors in law enforcement and will impede the solution of the tasks entrusted to this basis of exemption from criminal liability and criminal prosecution. We believe that a court fine is an encouraging individualized measure of criminal legal effect, assigned to a person who has committed a crime of small or medium gravity for the first time and has compensated for the harm that shows a correction (or potential correction), but has not reached reconciliation with the victim. It seems that the judicial fine is on the border between punishment and release from it. Therefore, its reference to other measures of a criminal law nature is fair.

scholarly journals FORECASTING IN COMBATING CRIME AND IMPROVING THE MANAGEMENT PRACTICES OF LAW ENFORCEMENT AGENCIES ON THE APPLICATION OF MEASURES OF CRIMINAL AND LEGAL IMPACT ON CRIME WITH THE CRITERIA OF THEIR EFFECTIVENESS

2017 ◽  
Vol 21 (5) ◽  
pp. 204-211
Author(s):  
V. E. Novichkov
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Law ◽  
Management Practices ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Original Definition

The article discusses the possibility of prediction in combating crime in envisioning ways to improve the efficiency of law enforcement to impact crime through criminal law and other measures. Underline the fact that specified in the scope of this article aspects of domestic criminal law theory has not worked out common approaches, as evidenced by ongoing discussions on this issue. In particular, there is no common understanding of the logical-linguistic phenomena, among them the basic concept: "measures of criminal and legal impact", in connection with which the article is their original definition. For criminal law science, as with other legal Sciences remain difficult surveys to develop criteria for an effective impact on crime and forecasting. The paper presents the concept of "work" and management practices of law enforcement agencies on the effective application of measures of criminal and legal impact on crime and, primarily, on the basis of one of the main objectives of the criminal law - the prevention of crimes. The structure of this scheme consists of four groups that must be included in the development of forecasts in the sphere of fight against crime and its control and management. Is this: criminally-legal measures of crime prevention are in the educational effect on volatile and other persons and do not involve criminal responsibility; criminal-legal measures of crime prevention with the prevention of harmful consequences of the criminal act, deprivation of an offender to continue criminal activities, etc. achieved in the PU, the application of the perpetrators of legitimate violence (necessary defence, detention of the criminal) and criminal-law enforcement (criminal prosecution for preparation or attempted crime or completed less severe, compared to warned a crime); criminal - legal measures of implementation of criminal responsibility; other measures of impact on crime in furtherance of the purposes of criminal liability, beyond the considered groups, although having a number of their characteristics, as the application of the procedural measures of restraint in respect of suspects and accused persons, the application of compulsory measures of a medical nature to condemn alcoholics and drug addicts, all that is subordinated to the goal of preventing recurrence of crimes. Considering the issues of measures of criminal and legal impact on crime in connection with the prediction of the whole sphere of combating crime and related law enforcement the article notes the broad approach to the application of measures of criminal and legal impact on crime from the point of view of direct use of such measures in law enforcement for the prevention, suppression of crimes and the implementation of criminal responsibility is gained, sitela, which are based on criminal and other laws regulating the fight against crime. From the point of view of assessing practice effectiveness of the application of the criminal law as observationsas measures, the paper proposes to evaluate it according to formal parameters: the number of publications and broadcasts on television and radio, lectures, etc., and the effectiveness of these measures, as individual preventive measures is proposed to determine two parameters: the rate of detection of potential offenders (by retrospective analysis of the criminal cases of intentional crimes); the level of the positive impact of advocacy on identified potential offenders (by definition of the dynamics of the share of those who have committed crimes).

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

scholarly journals Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
Illegal Fishing ◽  
Corporate Criminal Liability

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.

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 liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Formulating Criminal Liabilities Regarding Online Prostitution

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 427
Author(s):  
Trio Angga Laksana ◽  
Y.A. Triana Ohoiwutun ◽  
Fanny Tanuwijaya
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Common Term ◽  
Similarities And Differences ◽  
Principle Of Legality

This study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law. Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality.

scholarly journals Young Scientists’ Motivation for the Research Activity in Russian Regional Universities

2019 ◽  
Vol 21 (9) ◽  
pp. 122-153
Author(s):  
R. A. Dolzhenko ◽  
V. A. Karpilianskii ◽  
R. A. Hady ◽  
A. S. Didenko
Keyword(s):  
Research Policy ◽  
Young Scientist ◽  
The State ◽  
Practical Significance ◽  
Professional Activity ◽  
Negative Consequences ◽  
Research Activity ◽  
Russian Science ◽  
Research Activities ◽  
Young Researchers

Introduction. In modern Russian science, there is a contradiction between the need for workforce rejuvenation and the orientation of the existing system on established scientists, whose interest in conducting breakthrough research has been weakened. Most promising young researchers are deprived of the freedom to independently choose the field of application of their abilities; also, scientists do not have access to resources to solve complex innovative problems and cannot directly represent the products of their work to those people, who may need them. As a rule, young scientists’ research interests are usually limited by the agenda dictated by scientific supervisors; the list of grant contests available for participation is extremely small; formalised requirements of postgraduate studies and thesis defence are conservative and full of outdated rules. In particular, all the above-mentioned problems are evident in the regions.The aim of the work is to highlight young scientists’ (e.g. employees of provincial scientific and educational organisations) motivational factors influencing the research on relevant topics and conditions for success in such research activities.Methodology and research methods. The methodological framework is based on the systemic approach, which involves a comparative analysis method and a hypothetical-deductive method. The empirical material was collected through questionnaire and expert surveys. The cluster sampling involved 148 young scientists (Doctors of Sciences under 40 years old, Candidates of Sciences under 35 years old, postgraduate students and researchers without a degree under 30 years old). In-depth interviews were conducted with the most successful respondents (N = 20) to comprehensively assess the factors of their professional activity, since it is the leaders, who primarily determine the effectiveness of functioning system.Results and scientific novelty. The motivation of a young scientist is considered as a key factor in the productivity of his or her research behaviour, which, in turn, depends on the needs of the individual and the degree of his or her satisfaction with self-realisation in the process of targeted scientific search. The authors formulated a number of hypotheses regarding the motivation of young scientists and the reasons for the decreased scientific activity in recent years based on the analysis of statistics on the state and dynamics of research activities in Russia as a whole, in regions and in individual institutions; on the comparative indicators of such activity and the benchmarking of its best practices beforehand, in the course of the pilot study (in February-March 2018). The authors developed and validated survey tools in order to test the assumptions and to check the final list of assumptions, which included a questionnaire and a list of expert assessments. The generalisation of results based on the questionnaire and the interviews of young researchers made it possible to specify their motivational features and to identify the structural core. There is a clear discrepancy between the desire of respondents to engage in research and the opportunities provided at the state and regional levels, and in the scientific and educational organisations. Traditional support mechanisms for young scientists do not allow using their research and personal potential adequately. The lack of due attention to young scientific personnel will have long-term negative consequences not only for the Russian science, but also for the entire production and economic sector of the country.Practical significance. The proposals and recommendations are made to adjust the management of research activities in the regions and to revise the research policy in order to implement the Strategy of Scientific and Technological Development of the Russian Federation.

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.

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