scholarly journals Subjective Signs of the Crime of Fraudulent Looting of Property in the Criminal Law of the Republic of Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 1145-1155
Author(s):  
Razzok Altiev
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Subject ◽  
The Republic ◽  
Subjective Side

In the article, the author analyzes the subject and subjective aspects of the crime of fraud under Article 168 of the Criminal Code of the Republic of Uzbekistan and develops a proposal to include the subjective side of the crime as a necessary feature in qualifying the act in order to improve the concept of fraud.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

scholarly journals Violation of the transplantation procedure: issues of improvement of criminal legislation of the Republic of Belarus

2020 ◽  
Vol 1 (1) ◽  
pp. 133-141
Author(s):  
Aleksey Kovalchuk ◽  
Yuriy Dukhovnik
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Tissue Transplantation ◽  
Medical Activity ◽  
The Subject ◽  
The Republic ◽  
Criminal Legislation ◽  
Objective Aspect ◽  
Preventive Role

The article deals with the study of the peculiarities of criminal law norms enshrined in Art. 164 of the Criminal Code of the Republic of Belarus further and the formulation on this basis of ways to improve them. Transplantation is an important area of medical activity, which allows overcoming serious human diseases. Сriminal law norms play an important preventive role to minimize violations in the field of organ and tissue transplantation. In the Republic of Belarus, Article 164 of the Criminal Code establishes liability for violation of the procedure for transplantation. The analysis of the signs of this crime allowed to determine their problematic aspects. The authors conducted the research of this crime, based on the signs of Corpus delicti. Based on law enforcement practice and various scientific views of scientists, the ways of improving the criminal legislation of the Republic of Belarus, which establishes liability in the field of violation of the transplantation procedure, are proposed. The authors' proposals to amend article 164 of the Criminal Code of Belarus pursue the aim to overcome situations of legal uncertainty and to prevent errors in law enforcement practice. So, as a result of the research, it is proposed to amend the title of article 164 of the Criminal Code of Belarus and its disposition. The objective aspect of crime and the subject of the crime as signs of corpus delicti are pro-posed to change. During the research, the differences between the criminal and blanket legislation to which he refers were established, in connection with which, ways to overcome them are proposed.

scholarly journals Normative models for criminalizing the crime of falsifying evidence in the legislation of different states

2021 ◽  
Author(s):  
Eugeniu Piterschi ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Negative Consequences ◽  
Objective Reality ◽  
Republic Of Moldova ◽  
The Subject ◽  
Court Proceedings ◽  
The Republic ◽  
Normative Models ◽  
Illegal Action

Crimes against justice established in the Criminal Code of the Republic of Moldova are the group of socially dangerous facts, which have negative consequences in court proceedings. One of these is the illegal action of falsifying the evidence, dislocated in two typical normative variants at art.310 of the Criminal Law of the Republic of Moldova. However, notwithstanding the fact that art.310 of the Criminal Code of the Republic of Moldova criminalizes the subject directly nominated in the normative manner, the latter is instituted succinctly and allows illegal actions in the category of false evidence to go unpunished. In this sense, we propose as a desideratum the realization of some comparative studies and the initiation of a rigorous proposal, in order to adjust the local normative framework in co-relation with the socially dangerous facts committed in the objective reality.

scholarly journals Offense of organizing illegal migration: subjective side of the offense in relation to the victim’s consent

2021 ◽  
pp. 45-52
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Code ◽  
The State ◽  
Human Beings ◽  
Illegal Migration ◽  
Mental Attitude ◽  
Republic Of Moldova ◽  
The Social ◽  
The Subject ◽  
The Republic ◽  
Subjective Side

The prosecution of a person who has committed a prejudicial act is a priority of the state to protect a public interest, or to defend a fundamental right for which the state has commitments to respect. This article identifies the mental attitude of the subject of the crime towards the prejudicial act of organizing illegal migration. The article also elucidates the extent to which the migrant, who is the victim of the crime, is directed by the perpetrator. Also, attention is drawn to the purpose and motive of the crime. In the same context, it is analyzed what impact the victim’s consent has on the commission of the crime. In the author’s opinion, the analysis of the organization of illegal migration through the prism of its distinct elements plays a fundamental role for the legislation of the Republic of Moldova. It is concluded that the Moldovan legislator must introduce in the Criminal Code of the Republic of Moldova the phrase “migrants’ trafficking”, in exchange for the current one of “organizing illegal migration”. This conclusion is based on the social requirement to protect the rights and interests of migrants. Thus, the Moldovan authorities will be able to identify the authentic purpose pursued by the perpetrator when violating human values and freedoms (the authorities will make a clear distinction between trafficking of human beings and trafficking of migrants).

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]

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

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

Sign in / Sign up

Export Citation Format

Share Document