scholarly journals Criminal-Legal Mechanisms For Protecting The Activities Of Business Entities In Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 2123-2135
Author(s):  
Marufjon Kurbanov
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Business Activity ◽  
Special Significance ◽  
The Social ◽  
The Republic ◽  
Business Entities ◽  
Law Regulation

This article is dedicated to the institute of protecting business through criminal law in the Republic of Uzbekistan. In it, the author conducted an analysis of general characteristics of crimes related to obstruction, unlawful interference in business activities according to the Criminal code of the Republic of Uzbekistan. Therefore, researching of legal nature of crimes against business, analyzing its objective and subjective signs has a very special significance. The author reveals the social danger of these kinds of crimes, the necessity of appointing the criminal responsibility for it. Such types of crimes against business Violation of the right to private property, Forced involvement of business entities in charity and other events, Illegal suspension of activities of business entities and (or) operations on their bank accounts are analyzed. Therefore, researching criminal law regulation of business activity in the example of the Republic of Uzbekistan, analyzing its objective signs has a very special significance. The author reveals the social essence of criminal law regulation of business activity in Uzbekistan danger. And, namely, it has been provided specifics of the criminal legal protection of entrepreneurial activity in the criminal law of Uzbekistan are determined by the model of the economic system and the legal regulation of economic relations in the state. On the basis of the Criminal Code of the Republic of Uzbekistan, reviewed the significant aspects of protecting business through criminal law in the Republic of Uzbekistan.

THE SOCIALDANGEROUSOF SOME CRIMES AGAINST THE FAMILY IN CRIMINAL LAW AND THE ISSUES OF CRIMINALIZATION OF CERTAIN ACTS IN THIS AREA

2021 ◽  
Vol 6 (7) ◽  
pp. 87-96
Author(s):  
Zulkhumor Ibrokhimova ◽  
Keyword(s):  
Criminal Law ◽  
Family Relations ◽  
Disabled Persons ◽  
Criminal Code ◽  
Child Disclosure ◽  
The Social ◽  
The Family ◽  
Practical Standpoint ◽  
The Republic ◽  
Objective Side

This article deals with the social danger of some crimes against family and family relations in the Criminal Code of the Republic of Uzbekistan. From a scientific, theoretical and practical standpoint, the author analyzes the signs of the objective side of the elements of some crimes against the institution of the family, defined in Chapter V "Crimes against family, youth and morality" of the Criminal Code of Uzbekistan. In particular, such crimes as evasion from the maintenance of minors or disabled persons, evasion from the maintenance of parents, substitution of a child, disclosure ofthe secret of adoption, violation of the legislation on marriageable age were comprehensively considered. In addition, the issues of criminalization of certain acts against the family, which are not recognized as criminal in the Criminal Code, were raised and relevant proposals were presented

Rekodifikácia trestného zákona v kontexte trestných činov proti republike

2021 ◽  
Author(s):  
Eva Balážová ◽  
Jaroslav Ivor ◽  
Marta Hlaváčová
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Criminal Code ◽  
Change Points ◽  
Modern State ◽  
Criminal Offenses ◽  
The Republic ◽  
The Individual

The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

scholarly journals VAGYSTĖS KVALIFIKUOTŲ SUDĖČIŲ KONSTRAVIMO LIETUVOS RESPUBLIKOS BAUDŽIAMAJAME KODEKSE YPATUMAI

Teisė ◽  
2013 ◽  
Vol 88 ◽  
pp. 129-143
Author(s):  
A. Vosyliūtė
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Republic

Straipsnyje nagrinėjamos Lietuvos Respublikos baudžiamojo kodekso 178 straipsnio (vagystė) 2, 3 dalyse numatytos vagystės kvalifikuotos sudėtys, jų konstravimo ypatumai. Analizuojamas kai kurių vagystę kvalifikuojančių požymių kriminologinis pagrįstumas ir tikslingumas, aptariamas vagystės kvalifikuotų sudėčių vertinimas loginiu, stilistiniu, sisteminiu aspektais, baudžiamojo įstatymo vientisumo požiūriu. Atskleidžiamos kai kurios vagystės kvalifikuotų sudėčių teisinio formulavimo klaidos. Pateikiami šių sudėčių konstravimo tobulinimo būdai.Article is devoted to analysis of the corpus delictis of the aggravated theft, that is forseen in Paragraph 2, 3 of Article 178 (theft) of The Criminal Code of the Republic of Lithuania. Criminological validity and appropriateness of some aggravating elements of theft are analyzed. The logical, stylistic, systemic evaluation of the corpus delictis of the aggravated theft is discussed as well as evaluation of criminal law in terms of integrity. The article reveals some errors of legal regulation of the corpus delictis of the aggravated theft. The proposals on the further improvement of the regulation are given.

scholarly journals Criminal law regulation in the professional activity of a journalist

2020 ◽  
pp. 171-180
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Practical Significance ◽  
Professional Activity ◽  
Special Role ◽  
Professional Activities ◽  
Criminal Offenses ◽  
Criminal Legislation ◽  
Law Regulation

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.

scholarly journals Public order as a social good protected from hooliganism by the criminal law of the Republic of Armenia

2021 ◽  
Vol 2021 (1) ◽  
pp. 110-114
Author(s):  
Sergey Denisov ◽  
Hovhannes Jumshudyan
Keyword(s):  
Interpersonal Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Order ◽  
Social Good ◽  
Legal Literature ◽  
Moral Standards ◽  
The Republic ◽  
Definition Of

The article is devoted to the study of the essence of public order as the object of legal protection against hooliganism. Public order as a complex differentiated category is formed from numerous volitional relationships between people in society being manifested in their behavior and actions as a result of their conscious activity. The state adopting certain laws exerts considerable influence on interpersonal relations monitoring their compliance and execution. Public order as the object of criminal legal protection from hooliganism is a complex socio-legal category based on the relations between members of society and their obedience to moral standards indicating the relevance of the topic of the article. The article examines the definition of the concept of «public order» expressed by the Court of Cassation of the Republic of Armenia, as well as views put forward in the legal literature of the Republic of Armenia and the Russian Federation. The concept of «public order» is considered in both broad and narrow meanings. In addition, the problems of possible social regulators that determine the criteria for acceptable behavior of an individual within the framework of public order are discussed. In the field of constitutional and legal regulation, the currentle gislation of the Republic of Armenia on public order, in particular the legal acts defining the criteria for permissible behavior of an individual within the framework of public order, has been investigated. As a result of the study, proposals to bring the concept of «public order» used in Article 258 of the Criminal Code of the Republic of Armenia into line with the principle of legal certainty were made.

scholarly journals Ultima ratio Principle in the Criminalization of Tax Evasion

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 71-84 ◽  
Author(s):  
Martynas Dobrovolskis
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Case Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Republic

This article evaluates the significance of the principle of ultima ratio for the national process of criminalization. It also assesses the criminalization of tax evasion in the Criminal Code of the Republic of Lithuania using the criminalization criteria established in both national and international legal regulation, case law and criminal law doctrine.

scholarly journals Criminal record with imposed corrective measures: critical analysis of the concept regulated by the Criminal Code of the Republic of Belarus

2020 ◽  
pp. 8-22
Author(s):  
Kirill Igorevich Nagornov
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Record ◽  
Corrective Measures ◽  
The Subject ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

This article makes emphasis on critical analysis of the concept establishing legal consequences of the institution of criminal record with imposed corrective measures, set by the criminal law of the Republic of Belarus, for the purposes of resolving the question of its possible implementation in the Russian criminal legislation. The subject of this research is the separate positions of the criminal law of the Russian Federation and the Republic of Belarus regulating the institution of compulsory corrective measures alongside application of norms comprising this institution by the courts of these states, as well as scientific views of the Russian and Belarus doctrine dedicated to the indicated institution and the order of its implementation and consequences therein. The author provides critical analysis to the legislative construct of application of compulsory measures in the criminal law of the Republic of Belarus as theoretical-legal[WU1] , hence the hypothesis on the need to establish the consequences of criminal record in imposition of compulsory measures did not find its approval. Moreover, considering the analyzed positions of the concept, the author brings to discourse the proposal on establishing preventative control after serving the compulsory correctional sentence that would not result in criminal record; as well as on potential implementation of the experience of Belarus pertaining to legal regulation of the order of imposing compulsory measures.  [WU1]

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