scholarly journals Age Criteria for Criminal Responsibility

2021 ◽  
Vol 15 (5) ◽  
pp. 555-564
Author(s):  
Mikhail Suturin ◽  
Valeria Terentyeva
Keyword(s):  
Criminal Responsibility ◽  
Negative Impact ◽  
Psychological Research ◽  
Legal Framework ◽  
Legal Capacity ◽  
Civil Responsibility ◽  
Age Related ◽  
Minimum Age ◽  
The Subject ◽  
Age Limits

In the Russian legislation, age is a law-conferring fact. The authors analyze key legislative acts and their projects that should provide the legal framework regarding the age limits of the subject of legal relationships, as well as the dependence of the chronological age and the corresponding psychological and social changes that should form the basis for the choice of both maximum and minimum age limits for criminal responsibility. Currently in Russia there is an evident need for special criminological, socio-psychological research connected with defining changes in age-related features of modern adolescents. Their results will provide answers to many urgent questions. For example, how have adolescents changed as a result of generation approach? How have their understanding and attitude to key rules and norms of human coexistence changed? Ultimately, the results of such research will give us a better understanding of age-related features of adolescents that should be taken into account when determining the age for criminal responsibility. One of the factors determining the necessity of conducting complex research is the gaps and, sometimes, direct contradictions in the understanding of age limits of criminal and civil responsibility as well as the legal capacity of minors. Undoubtedly, such limits should be mainly connected with the ability of an adolescent to fully understand the key rules and norms of human coexistence and the limits of lawful behavior. The Russian legislation, however, interprets the grounds for the emergence of legal capacity, their connection with the psychological features of the adolescent. The contents of the term «age» differ in each specific branch of law, which has a general negative impact on the possibility of ensuring the rights and freedoms of the subject of special protection — a person who has not reached the age of 18 years.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict – Towards Universal Ratification

2010 ◽  
Vol 18 (4) ◽  
pp. 535-549 ◽  
Author(s):  
Radhika Coomaraswamy
Keyword(s):  
Armed Conflict ◽  
Criminal Responsibility ◽  
Psychosocial Health ◽  
Legal Framework ◽  
Criminal Court ◽  
Legislative History ◽  
Optional Protocol ◽  
Rights Of The Child ◽  
Minimum Age ◽  
Modern Warfare

AbstractThe changing nature of modern warfare has increasingly exposed children, both boys and girls, to direct involvement in armed conflict. In order to bring this horrible practice to a halt, the international community ten years ago adopted the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, establishing eighteen as the minimum age for compulsory recruitment and participation in hostilities. This article presents an overview of the legislative history, legal framework and key provisions of the Optional Protocol. It also discusses the experience and practices of the International Criminal Court and the issue of children and criminal responsibility. The paper further elaborates on the needs and difficulties of war-affected children for reintegration into their communities, with special attention to psychosocial health and the building of livelihood skills.

scholarly journals Russian Legislation of XI-XVIII Centuries on the Criminal Responsibility of Minors

2020 ◽  
Vol 10 (4) ◽  
pp. 231-244
Author(s):  
S.N. Shishkov ◽  
E.V. Makushkin ◽  
E.G. Dozortseva ◽  
V.D. Badmaeva ◽  
E.V. Nutskova
Keyword(s):  
Juvenile Offenders ◽  
Criminal Law ◽  
18Th Century ◽  
Criminal Responsibility ◽  
Roman Law ◽  
The Enlightenment ◽  
Initial Stage ◽  
Minimum Age ◽  
History Of ◽  
The Subject

The problem of juvenile criminal responsibility /liability, minimum age, and measures of influence for juvenile offenders is relevant and often becomes the subject of public discussion. However, very little is known about the history of criminal law attitudes towards minors in Russia. The purpose of the article is to analyze the development of this relationship from the beginning of Russian statehood to the 18th century. It is shown that at the initial stage in the practice of applying the criminal law to children and adolescents, the traditions of Roman law were traced, however, there was practically no legislative differentiation of adult and juvenile offenders. The turning point was the 18th century, at the beginning of which the need for such differentiation became apparent, and at the end it was implemented along with certain humanistic tendencies that reflected the ideas of the Enlightenment in Europe, including the creation of special courts to consider juvenile crimes.

scholarly journals Problems of criminal legal forecasting of individual criminal behavior

2020 ◽  
Vol 4 (2) ◽  
pp. 99-108
Author(s):  
Mikhail P. Kleymenov
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Legal Aspect ◽  
Psychological Research ◽  
Legal Risk ◽  
Comprehensive Information ◽  
Expert Assessments ◽  
Scope Of Application ◽  
The Subject

The subject of the article is the problem of typical assessments of criminal legal risk by offenders. The purpose of the article is to confirm or refute the hypothesis that the attitude of various persons to the possibility of being punished for violating a criminal prohibition can be typologized, and the probability of being punished depends on the criminal's belonging to the corresponding type. The methodology includes dialectical, comparative legal, sociological, statistical, psychological methods, expert assessments, generalizing indicators. The main results, scope of application. The original criminal-legal aspect of predicting individual criminal behavior consists primarily in determining the probability of a potential criminal being brought to criminal responsibility for a possible offense and being punished. Foresight in this case is individual in the literal sense of the word – its subject is primarily a person who is inclined to commit a crime. The position of the researcher of criminal law forecasting of individual criminal behavior, who is obliged to put himself "in the place" of a socially dangerous person, to understand the nature and process of risk assessment, and to be brought to criminal responsibility, is also original. The attitude of different persons to the possibility of being brought to justice for violating a criminal law prohibition may vary widely, acquire a different character, and have specific features. In this regard, theoretically, we can distinguish the following groups of criminal risk: out of risk (“above the law”); habitual risk; "justified" risk; frivolous risk; emotional risk; situational risk; professional risk. The validity of this typology is confirmed by both empirical experience and materials of criminal-legal and psychological research. Conclusion. The magnitude of the criminal legal risk, of course, should be taken into account in the criminal law policy: both when assessing its purposefulness and effectiveness, and when solving the task of a comprehensive information and analytical support for it.

scholarly journals THE TEMPORARY USE OF AGRICULTURAL LAND - SPECIFIC INSTRUMENT IN AGRICULTURAL EVENTS

2019 ◽  
Vol 17 (Suppl.1) ◽  
pp. 210-214
Author(s):  
G. Velkovska
Keyword(s):  
Swot Analysis ◽  
Agricultural Land ◽  
Negative Impact ◽  
Legal Framework ◽  
Legal Issue ◽  
Original Form ◽  
Land Protection ◽  
Public Property ◽  
The Subject ◽  
The Law

Under the terms of Article 56 (1) of the Rules for the Application of the Law on the Conservation of Agricultural Land [www.lex.bg] in the construction of sites - public property of the state or municipalities, it is possible to use land for a certain period outside the site (track) of the site. In such cases, land that is needed temporarily in the construction of underground and aerial linear objects is needed and is necessary for geological and other research. The text of Art. 57, par. 1, 3 and 4 of the aforementioned Rules regulates the relations between the investor of the site and the owner of the land - for the use of the land a contract is signed between the investor of the site and the owner of the land. The contract is concluded in the presence of an established site (track, terrain) for the site with a decision of the commission under Art. 17, para. 1 Agricultural Land Protection Act [www.lex.bg]. The agreement between the parties sets out the terms and conditions for the use of the land, the amount of the rent, the damages and lost profits, the manner of their payment and the corresponding penalties. The contract can not be concluded for more than 10 years. What are the obligations of the investor? The investor of each site, according to the norm of art. 58 of the Regulation for the application of the law on the preservation of agricultural lands, shall be obliged to return the used temporary land after expiration of the term of the contract in the original form or in a form suitable for agricultural use. The land shall be brought into this type by the investor on the site at his expense within the term of the contract. When the use of the land necessitates the construction of buildings and / or facilities of a permanent character, the investor of the site is obliged, within the term of the contract, to propose a change of the purpose of the necessary land after acquisition of ownership or right to build . In connection with the above, the subject of the article is precisely the basic legal details of the agricultural legislation of the Republic of Bulgaria dealing with the conditions and the process of granting and temporary use of agricultural land in conducting spatial events on it. The subject of an analysis based on the current legal issue is some of its imperfections, affecting to some extent the negative impact on the effective use of this instrument and worsening the expected results. The methodology of the SWOT analysis will be used for the analysis needs. The purpose of the study is to examine and analyze the legal matter of the field of agricultural land use, to summarize and formulate some directions of improvement of the legal framework that it needs in order to fully fulfill its role as a specific and necessary instrument in agro-development activities.

16 Implementation of International Humanitarian Law

2020 ◽  
Author(s):  
Turns David
Keyword(s):  
Criminal Responsibility ◽  
Legal Framework ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Laws Of War ◽  
Civil Responsibility ◽  
Governmental Organizations ◽  
Nation States ◽  
Non Governmental Organizations ◽  
State Obligations

This chapter provides a holistic view of the implementation of international humanitarian law (IHL) as including all the various tools which may be used to render IHL effective in practice, whether they are used primarily before a situation of armed conflict arises, or during or after such a situation; whether they invoke the civil responsibility of the state or the criminal responsibility of individuals; and whether they fall to be implemented in a national or international context. Early attempts at the enforcement of the laws of war appeared through the prism of punishing those who were judged guilty of violating that body of rules. However, it was not until the advent of mass citizen-armies organized by nation-states as a public activity in the course of the seventeenth century that something resembling systematic national implementation of the laws of war began to take place. The chapter then sets out the contemporary legal framework provided by treaty instruments and recognized as customary international law, before examining specific state obligations relating to pre-conflict preventive measures; the supervision of conduct and repression of violations during conflict; and the subsequent enforcement of IHL by judicial, quasi-judicial, and non-judicial means. It also considers the increasingly important role played by non-state actors (NSAs)—such as non-governmental organizations (NGOs), civil society, and the media—in monitoring and advocacy on IHL issues.

scholarly journals The Category of Immaturity in a Legal Context

2014 ◽  
Vol 6 (3) ◽  
pp. 41-50 ◽  
Author(s):  
A.A. Fedonkina
Keyword(s):  
Mental Illness ◽  
Mental Retardation ◽  
Criminal Responsibility ◽  
Point Of View ◽  
Psychological Science ◽  
Legal Context ◽  
Minimum Age ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

We presented psychological and legal approaches to the concept of immaturity, and the definition of the perpetrator. We analyzed the differences of age aspects of the subject of crime in different countries, the criteria for establishing a minimum age of criminal responsibility. We discuss the problem of the possibility of lowering the age of criminal responsibility in the Russian Federation from the point of view of psychological science. We considered the legal category of "mental retardation not associated with mental illness" and its psychological equivalent - "personal immaturity". We describe the main problems arising in the course of the complex judicial, psychological and psychiatric examination for the presence of a mental retardation not associated with mental illness in minor. We presented psychological approaches to the concept of "personal immaturity", described the concept of "mature personality".

Program-Target Budgeting as a Tool for Investment Stimulation of Business

2018 ◽  
Vol 11 (3) ◽  
pp. 77-82 ◽  
Author(s):  
A. I. Masterov
Keyword(s):  
Current Practice ◽  
Negative Impact ◽  
Key Factors ◽  
Economic Sectors ◽  
State Budget ◽  
Research Findings ◽  
The Subject ◽  
Program Budgeting ◽  
Large Investment ◽  
Stimulation Of

The paper discusses the use of the program-targeted budgeting methodology in the investment stimulation of business in the most problem sectors of the economy. The subject of the study is the dynamics of business activity in key economic sectors adversely affected by factors of the economic and geopolitical nature. The purposes of the study were to identify the key factors that have a negative impact on economic growth and seek options for investment stimulation of business activities in the most problem sectors of the economy using state budget funds. It is concluded that the current practice of budget investment is associated with significant risks and poor justification of investment decisions. Therefore, the American practice of the program budgeting in the implementation of large investment infrastructure projects using budget funds seems to be advantageous. Based on the research findings, methods for increasing the effectiveness of program-target budgeting tools under the Russian conditions are proposed.

Polityka klimatyczno-energetyczna Unii Europejskiej

2014 ◽  
pp. 104-121
Author(s):  
Aleksandra Kułaga
Keyword(s):  
Negative Impact ◽  
Renewable Energy Sources ◽  
Energy System ◽  
The Other ◽  
Energy Sources ◽  
Climate Protection ◽  
The European Union ◽  
Eu Member States ◽  
The Subject ◽  
Climate And Energy Policy

The article is devoted to the subject of the goals of the climate and energy policy of the European Union, which can have both a positive, and a negative impact on the environmental and energy policies. Positive aspects are the reduction of greenhouse gas emissions, diversification of energy supplies, which should improve Europe independence from energy imports, and increasing the share of renewable energy sources (RES) in the national energy system structures. On the other hand, overly ambitious targets and actions can lead to large losses for the economies of EU Member States. The article also highlights the realities prevailing in the international arena and noncompliance of international actors with global agreements on climate protection.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

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