scholarly journals Criminal and Administrative Measures to Protect Forests from Illegal Logging in Ukraine

2021 ◽  
Vol 15 (5) ◽  
pp. 605-612
Author(s):  
Aleksandr Khan ◽  
Stanislav Pevko ◽  
Elena Yushkevich
Keyword(s):  
Comparative Analysis ◽  
Public Relations ◽  
Criminal Liability ◽  
Criminal Code ◽  
Seed Plants ◽  
Forest Plantations ◽  
Illegal Logging ◽  
Natural Origin ◽  
Considerable Damage

The conducted research showed a lack of coordination between different norms of Ukrainian criminal and administrative laws that define the offences in the sphere of illegal logging, and determine the type and degree of liability for committing them. This lack of coordination is manifested, specifically, in the competition of certain norms, their ineffectiveness, and the absence of liability for certain publicly dangerous actions connected with illegal logging and damaging trees. The authors carried out a comparative analysis of criminal administrative offences in this sphere and formulated recommendation on improving criminal and administrative legislations that protect public relations in the sphere of protecting forests in Ukraine. They suggest the following: 1) amending Art. 65 of the Code of Ukraine on Administrative Offences by establishing liability for selling illegally logged timber or shrubs; 2) amending Art. 246 of the Criminal Code of Ukraine and Art. 65 the Code of Ukraine on Administrative Offences by introducing administrative liability for buying illegally logged timber or shrubs, as well as criminal liability for buying illegally logged timber or shrubs if it inflicted considerable damage; 3) amending Art. 246 of the Criminal Code of Ukraine by introducing criminal liability for destroying or damaging forest plantations, seedlings, young plants in tree nurseries and plantations, as well as young trees of natural origin and self-seed plants in the areas designated for reforestation if that inflicted considerable damage on protected public relations. The presented suggestions on improving current criminal and administrative legislations of Ukraine are aimed at improving the effectiveness of counteracting illegal logging in the country.

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 Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Criminal liability for destruction or damage forest plantations: qualification questions

2016 ◽  
Vol 3 (2) ◽  
pp. 202-206
Author(s):  
Y A Timoshenko
Keyword(s):  
Scientific Literature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forest Plantations ◽  
Judicial Practice

The article deals with issues arising in the classification of acts, responsibility for which is provided Art. 260 and Art. 261 of the Criminal Code. Based on the analysis of judicial practice, as well as the views expressed in the scientific literature, it is concluded that the discrepancies in the interpretation of criminal prohibitions on the destruction and damage of forest plantations, due to the imperfection of the legislative structures Articles 260 and 261 of the Criminal Code, which became possible due to non-compliance with the rules of legislative technique

scholarly journals Protection of public relations in the field of amber mining in Ukraine: legal aspect

2021 ◽  
pp. 124-128
Author(s):  
Y.A Kholod ◽  
I.M Pogrebnoy ◽  
K.O Chyshko ◽  
D.S Heta ◽  
O.P Shaituro
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Structural Method ◽  
Law Enforcement Agencies ◽  
Legal Norms ◽  
Protection Legislation ◽  
Legal Concepts

Purpose. Defining legal means of protection of public relations in the field of amber mining in Ukraine, providing scientific and practical interpretation of protection legislation in this area and scientifically sound recommendations for its improvement. Methodology. The methodological basis of the study is a system of general and special methods of cognition: the dialectical method was used to learn the essence of such a phenomenon as the protection of public relations in the field of amber mining in Ukraine; the system-structural method in the analysis of forms of socially dangerous acts of crimes under Art. Art. 240, 240-1 of the Criminal Code of Ukraine; the logical-dogmatic method when interpreting certain terms used in the sciences of geology, administrative and criminal law, contained in the provisions of current legislation, as well as in formulating definitions of legal concepts and developing recommendations for improving legal norms; the comparative law method in the study on the ratio of socially dangerous acts under Art. Art. 201-1, 240, 240-1, 305 of the Criminal Code of Ukraine; general methods (analysis, synthesis, induction, deduction, abstraction, generalization) in the study on scientific and regulatory sources. Findings. As a result of the study, the inconsistency of certain norms of criminal, administrative and customs legislation was established, which form the components of offenses in the field of illegal amber mining in Ukraine and establish the types and extent of responsibility for their commission, in particular: competition of certain norms, their inefficiency, disproportionate severity violation of the degree of their social danger. The scientific and practical interpretation is given of the forms of socially dangerous act provided by Art. 240-1 of the Criminal Code of Ukraine, a comparative analysis is conducted of criminal, administrative and customs offenses in this area and proposals are provided to improve criminal, administrative and customs legislation, the rules of which protect public relations in the field of amber mining in Ukraine. Originality. It is proposed: 1) to supplement the Criminal Code of Ukraine, Art. 240-2, which provides for criminal liability for amber smuggling; 2) to supplement Chapter 68 of the Customs Code of Ukraine with Article 483-1, which provides for administrative liability for smuggling of amber in small amounts; 3) to supplement the Code of Ukraine on Administrative Offenses with Article 58-2, which provides for administrative liability for illegal extraction of amber, its sale, purchase, storage, transfer, shipment, transportation, processing in small amounts. Practical value. Proposals to improve the current criminal, administrative and customs legislation are aimed at improving the effectiveness of law enforcement agencies against illegal amber mining in Ukraine.

scholarly journals Criminal Misconduct: An Objective Need or a Declared Necessity?

2021 ◽  
Vol 16 (11) ◽  
pp. 142-154
Author(s):  
N. Yu. Skripchenko ◽  
S. V. Anoshchenkova
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Business Community ◽  
Substantive Content ◽  
The Supreme Court ◽  
The Russian Federation

The actively defended idea of the Supreme Court of the Russian Federation on the inclusion of an offencse  of criminal misconduct in the criminal legislation was reflected in the revised draft federal law submitted to the  Parliament on October 13, 2020. The purpose of the study is to determine the key changes in the content of the  institutions of criminal misconduct and other measures of a criminal law nature proposed for consolidation in the  Criminal Code of the Russian Federation, to assess the objective need of the reforms initiated by the Supreme  Court of the Russian Federation. The methodological basis is a set of methods of scientific knowledge. General  scientific (analysis and synthesis, dialectics) and specific scientific research methods (system structural, formal legal)  were used. A comparative analysis of draft laws allows us to classify the substantive content of acts constituting a  criminal misconduct as key changes and the modification of other measures of a criminal legal nature. The authors  critically assess the idea underlying the classification of acts as criminal misconduct. By laying in the criteria for  the isolation of acts that are minimal in terms of the degree of danger, not legally significant elements of corpus  delicti, but the types and amount of punishments, the lack of criminal experience, the interests of the business  community, the developers of the draft law violate the system of law, since the proposed approach excludes the  assessment of the public danger of the act based on the significance of the protected by the criminal the law of  public relations. The meaning of the differentiation of criminal liability declared by the initiator of the reforms is  lost with the proposed duplication of other measures applied both to persons who have committed a criminal  misconduct and to those guilty of committing crimes of small or medium gravity, and the proposed conditional  nature of other measures levels the idea of liberalizing the criminal law. The paper focuses on the provisions of  the project that require revision and additional comprehension.

PUNISHING AUTONOMOUS ROBOTS: CRIMINAL LAW PERSPECTIVES

2021 ◽  
Vol 17 (3) ◽  
pp. 303-313
Author(s):  
ILDAR BEGISHEV ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Autonomous Robots ◽  
Criminal Liability ◽  
Optimal Solution ◽  
Digital Technologies ◽  
Criminal Code ◽  
Potential Possibility ◽  
The Russian Federation

The purpose of the research. To develop and propose to the legislator a model of the criminal-legal reaction of the state to the potential possibility of harming public relations, values and interests protected by law in the process of functioning of autonomous robots. In this article, for the first time in the theory of domestic criminal law, an attempt is made to comprehensively state the problem of determining the boundaries of responsibility for causing harm to interests protected by criminal law in the process of functioning of autonomous robots, and the optimal solution to this problem is proposed. Results. The variability of the legal relationship between the behavior of a subject capable of being subject to criminal liability and the fact of causing harm in the course of functioning of an autonomous robot allowed us to develop a specific theoretical model for the application of criminal measures against autonomous robots for harm caused in the course of their functioning. Pursuing the goal of the most complete and comprehensive solution of the tasks of the Criminal Code of the Russian Federation, adapting existing criminal law norms to the trends of dynamically progressing digital technologies, we find it possible in the foreseeable future, when the technological singularity is reached and autonomous robots appear, to propose to the legislator to supplement the General Part of the Criminal Code of the Russian Federation with a new chapter «Criminal law measures applied to autonomous robots», which gives criminal legislation a new impetus in the light of the development of end-to-end digital technologies.

scholarly journals Criminal Liability for Violation of the Rules of Creation, Operation, Repair or Other Interaction with Robots and Autonomous Robots

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Ildar Begishev
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Autonomous Robots ◽  
Criminal Liability ◽  
Criminal Code ◽  
Computer Equipment ◽  
The Russian Federation ◽  
Key Drivers

Currently, robotics, along with other end-to-end technologies, is one of the key drivers of the digital economy. Robots are already successfully used in industry, agriculture, construction, aviation, and many other sectors of economic activity. Robots, due to their inherent properties, can not only store, process, and transmit information, but also perform certain mechanical actions, in accordance with the algorithms of their computer programs. The models of criminal law regulation that have been developed and are applied to the operators of computer equipment can not be fully adapted to the regulation of robots and are not fully relevant for the purposes of protecting public relations that develop in connection with their functioning. Robots, depending on their tactical and technical characteristics, can be a source of various threats, some of which create a danger of harming interests protected by criminal law and, under unfavorable circumstances, can realize this danger. Therefore, activities related to the development, operation and repair of robots must be consistent with the criminal law norms of a prohibitive nature. To ensure the safe and uninterrupted creation, operation, repair or other interaction with robots and autonomous robots, as well as to prevent harm in the course of the functioning of such robots, it is possible to propose to the legislator to supplement the Criminal Code of the Russian Federation with a separate norm on liability for violation of the rules of creation, operation, repair or other interaction with such robots.

scholarly journals “It is to be a punishment or a pardon is granted” or Whether the Criminal Code of Ukraine needs to have incentive norms about the crimes against human freedom, honor and dignity

2018 ◽  
Vol 70 (3) ◽  
pp. 22-26
Author(s):  
Ya. H. Lyzohub
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Human Freedom ◽  
Negative Consequences ◽  
Wide Range ◽  
Scientific Arguments

The paper is focused on the analysis of the stimulatory norms expediency in the criminal law of Ukraine. The objective of the paper is to reveal the significance of legal encouraging of an offender to stop his further criminal activity. Especially, it is necessary in conditions of Ukraine’s movement from a previous Soviet heritage to modern punishment standards, where criminal liability is not only punishment, but it is also a strategy to prevent a crime. According to the author’s opinion, a pardon occasionally is much more effective than a sanction, since for some cases it allows giving up a criminal act and can prevent negative consequences for an object of encroachment in such a way. Thus, there is sometimes no need to punish an offender, who is able to get a correction out of a prison. However, there should be a concrete norm to do that, inasmuch as the Criminal Code does not have sufficient extent of such norms. As it is known, a punishment is able to be effective only when an offender both got a penalty, and was pursuing his better path. By conducting a comparative analysis, the author provides scientific arguments and facts of wide range application of encouragement in the conditions of stopping a crime. There author of the paper has analyzed different viewpoints of scholars, related to the issues provided. Herewith, the author has revealed different strategies regarding the improvement of Ukrainian criminal law and practice with the incentive norms.

scholarly journals CRIMINAL RESPONSIBILITY FOR GIVING FALSE EXPERT CONCLUSIONS IN THE FIELD OF PURCHASING GOODS, WORKS, SERVICES

2020 ◽  
Vol 30 (1) ◽  
pp. 84-90
Author(s):  
V.E. Zvarygin ◽  
D.S. Nazarova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Public Procurement ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Criminal Code ◽  
The Russian Federation ◽  
Illegal Activities

Illegal activities in the field of procurement of goods, works and services pose a threat not only to economic, but also to national security. The solution to this situation is possible only with an integrated approach, consisting not only in improving the efficiency of the regulatory authorities, but also in optimizing the current legislation. Article 107 of the Federal Law dated 05.04.2013 “On the contract system in the field of procurement of goods, work, services for the provision of state and municipal needs” provides the criminal liability of persons guilty of violating the laws of the Russian Federation and other regulatory legal acts on contract system in the field of procurement. However, until recently, the onset of criminal liability remained only “on paper”. The turning point in the criminal law regulation of relations in the field of public procurement was the year 2018, when federal laws were adopted that introduced amendments to the Criminal Code of the Russian Federation by criminalizing illegal acts in this sphere of public relations. One of the controversial articles by the structure of the criminal law elements is Article 200.6 of the Criminal Code of the Russian Federation, which established criminal liability for giving a knowingly false expert opinion in the field of procurement of goods, works and services.

scholarly journals PROBLEMS OF LEGAL LIABILITY OF THE EMPLOYER (ACCORDING TO ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2020 ◽  
Vol 30 (5) ◽  
pp. 689-696
Author(s):  
A.I. Alimova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Social Benefits ◽  
Labor Legislation ◽  
The Russian Federation ◽  
Made In

The article presents the analysis of a crime, providing for liability for non-payment of wages and social benefits (article 145.1 of the Criminal Code of the Russian Federation). The issues of cross-sector differentiation of employers' liability for non-payment of wages (material, administrative, criminal liability) are considered. A comparative analysis of the specifics of employers' legal liability for non-payment of wages and other payments was made in terms of criminal, criminal procedural, administrative and labor legislation of the Russian Federation, which revealed a large number of problems that need to be resolved. In general, the analysis of earlier studies on this problem shows positive dynamics of resolution of theoretical and applied problems, but at the same time there are issues that have not yet been resolved, in particular, the identification of features of objective and subjective features of the crime under Article 145.1 of the Criminal Code of the Russian Federation. It is pointed out that it is necessary to formulate and evaluate proposals on qualification of a crime under Article 145.1 of the Criminal Code of the Russian Federation, define criteria for delimitation of the crime under Article 145.1 of the Criminal Code from related and competing crimes, which will make it possible to formulate proposals on the new version of Article 145.1 of the Criminal Code based on the provisions and conclusions of the research.

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