scholarly journals TRENDS IN THE MODERNIZATION OF THE CRIMINAL LAW RESPONSE TO DRUG CRIME

2019 ◽  
Vol 2 (87) ◽  
pp. 55
Author(s):  
Andrei Dziadkouski
Keyword(s):  
Criminal Law ◽  
Drug Trafficking ◽  
Legal Analysis ◽  
Legal Norms ◽  
Psychotropic Substances ◽  
Drug Crime ◽  
Eurasian Economic Union ◽  
The Subject ◽  
Economic Union ◽  
Illicit Drug Trafficking

The paper deals with the problem of countering the illicit drug trafficking, psychotropic substances, their precursors and analogues in the Eurasian Economic Union countries. The authors, basing on the statistical data analysis, demonstrated an increase in the number of drug addicts; it is shown that drug addiction is a global problem nowadays. The constant   increase of registered criminal acts related to drugs and their cross-border nature make it necessary to develop cooperation in combating the illicit distribution of drugs, harmonizing and unifying legal norms in this area, especially within the framework of the Eurasian Economic Union. A comparative legal analysis of the criminal law governing liability for drug trafficking in the EAEU countries shows the diversity of legislative structures in the key elements of the crimes under consideration. The issues of personal non-medical use liability, the subject of crimes, the criminalization of individual acts related to drug trafficking, should be the subject of discussion on developing a unified approach of criminal law to counter the analyzed crimes in the EAEU countries.

scholarly journals On the issue of harmonization of national tax legislation in integration associations

2021 ◽  
Vol 118 ◽  
pp. 02012
Author(s):  
Oksana Nikolaevna Golovchenko ◽  
Anastasiya Plotskaya
Keyword(s):  
European Union ◽  
Economic Integration ◽  
Legal Analysis ◽  
The European Union ◽  
Legal Norms ◽  
Tax Legislation ◽  
Eurasian Economic Union ◽  
Legal Method ◽  
Economic Union ◽  
National Tax

The purpose of the study is a legal analysis of the current supranational tax legislation of the Eurasian Economic Union and European Union integration associations. Special methods of cognition were used in the furtherance of this goal: historical and legal analysis, formal legal method, comparative legal method, the method of legal modeling, the method of interpreting legal norms, which made it possible to identify the existing problems and determine the ways and means of their elimination as well as to determine the differences in approaches in the construction of the European and Eurasian economic integration. Moreover, the methodological basis of the study was formed by general scientific methods of cognition: the dialectical method, which made it possible to reveal the integrity and consistency of legal phenomena; the method of generalization, allowing to draw conclusions as a result of generalization of the data obtained; the comprehensive research method, allowing to consider the theoretical and practical foundations of the process of harmonizing national tax legislation in conjunction. The result of the study was the identification of similar and different concepts for the implementation of supranational policy in the tax systems of the Eurasian Economic Union and European Union countries, aimed at deepening Eurasian and European economic integration, as well as the identification of the trends in the development of harmonization of the national tax legislation of the European Union member states for their subsequent implementation into the tax legislation of the Eurasian Economic Union integration association member countries. The novelty of the study lies in the very formulation of the problem, as well as in the fact that these legal relations incite the states to take actual measures and find new solutions aimed at increasing the country’s economic indicators and potential.

scholarly journals International legal analysis of privileges and immunities of the Eurasian Economic Union (selected customs aspects)

2021 ◽  
Vol 12 (3) ◽  
pp. 676-692
Author(s):  
Natalia A. Vorontsova ◽  
Keyword(s):  
International Law ◽  
International Standards ◽  
Vienna Convention ◽  
Diplomatic Relations ◽  
Legal Analysis ◽  
International Treaties ◽  
Legal Norms ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union

International treaties on both general and special issues, adopted at the universal, regional and bilateral levels, provide a variety of legal mechanisms for the cooperation of States in one of the branches of international law — international customs law. Here there is a very specific set of international legal norms, of course, corresponding to general international law and at the same time introducing its own characteristics. The article provides an analysis of the privileges and immunities that are within the competence of customs administrations. In particular, the author considers the so-called “customs privileges” provided to a certain category of persons in the Eurasian Economic Union (hereinafter referred to as EAEU or Union). The article analyzes the customs aspect of the EAEU law and the relevant provisions of the Vienna Convention on Diplomatic Relations of 1961 and the Vienna Convention on Consular Relations of 1963 regarding the procedure for granting privileges and immunities to certain categories of people, the movement of diplomatic mail and the consular bag. In addition, the practice of the Russian Federation on the above-mentioned issues is described. The relevance of the research topic is due to the adoption of the new EAEU Customs Code in 2017, which has undergone significant changes in terms of customs regulation of the provision of immunities and privileges for a certain category of persons, the legal analysis of which requires correlation with international standards in this field adopted earlier. The peculiarities of customs regulation within the framework of the EAEU, regarding the granting of immunities and privileges to certain categories of persons, are pointed out and adherence to their norms of international law is noted.

Illegal migration as an encroachment on the sovereignty and security of the state

2021 ◽  
pp. 341-352
Author(s):  
Sergey D. Grinko
Keyword(s):  
International Law ◽  
Organized Crime ◽  
Drug Trafficking ◽  
Tax Evasion ◽  
Illegal Migration ◽  
Legal Norms ◽  
World Community ◽  
Large Length ◽  
The Subject ◽  
Entire World

We consider the issues of correlation between the international law of citizens of different states to travel and national legislation restricting illegal migration, which are the subject of interstate agreements. The issue of combating organized illegal migration for Russia is urgent, since the dynam-ics of this crime indicates an increase in the registration of such crimes and the identified persons who committed them. This is due to the large length of Russian borders and integration with foreign states, which entails an increase in the penetration of foreign citizens into the territory of our country. Illegal migration leads to an increase in ethnic organized crime and related smug-gling, drug trafficking, tax evasion and extortion. The fight against this criminal phenomenon is relevant for the entire world community. States seek to protect their citizens, but at the same time are obliged to comply with in-ternational legal norms on the issue under consideration. This activity of states should be carried out in accordance with the principles of respect for human rights and freedoms. We analyze international and Russian legisla-tion, damage caused by illegal migration, and propose measures to prevent crime related to illegal migration.

scholarly journals РЕГЛАМЕНТАЦИЯ НОРМ О ПРАВАХ ЧЕЛОВЕКА В ДОКУМЕНТАХ ЕВРОПЕЙСКОГО СОЮЗА И ДОКУМЕНТАХ ЕВРАЗИЙСКОГО ЭКОНОМИЧЕСКОГО СОЮЗА

World Science ◽  
2019 ◽  
Vol 3 (3(43)) ◽  
pp. 50-54
Author(s):  
Идрышева Сара Кимадиевна
Keyword(s):  
International Law ◽  
Well Being ◽  
Legal Analysis ◽  
The European Union ◽  
Main Program ◽  
Degree Of Protection ◽  
Eurasian Economic Union ◽  
Protection Of Human Rights ◽  
Economic Union ◽  
Historical Methods

The article is devoted to the consideration of the main program documents on the establishment of the European Union and the Eurasian Economic Union, as well as its predecessors in terms of identifying the participants in these integration associations about the purpose of creating interstate unions. Based on the application of logical, historical methods of scientific research and comparative legal analysis of the texts of constituent documents of two subjects of international law, the author comes to the conclusion that there is such a lack of constituent documents of the Eurasian Economic Union as the lack of emphasis on ensuring well-being for each person living in the union states. The author believes that the prevalence in the constituent documents of the EAEU goals of achieving economic success entails an appropriate attitude to the degree of protection of human rights in this union.

Telemedicine in the EAEU countries: reality and prospects

2020 ◽  
pp. 49-69
Author(s):  
I. M. Akulin ◽  
◽  
E. A. Chesnokova ◽  
R. A. Presnyakov ◽  
A. D. Letova ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Comprehensive Analysis ◽  
Kyrgyz Republic ◽  
Legal Analysis ◽  
National Regulation ◽  
Eurasian Economic Union ◽  
The Russian Federation ◽  
Economic Union ◽  
The Republic ◽  
Development Prospects

This article is devoted to a comprehensive analysis of telemedicine in the countries of the Eurasian Economic Union: its legal regulation, methods of implementation and development prospects. The authors pay attention not only to a comparative legal analysis of telemedicine regulation in the EAEU countries, but also to determining the possibility of creating a general agreement on telemedicine between the Russian Federation, the Republic of Belarus, the Republic of Armenia, the Republic of Kazakhstan and the Kyrgyz Republic. Identifying gaps in the national regulation of telemedicine in these countries, the authors point out the aspects in which it is necessary to harmonize the regulatory framework for telemedicine consulting, and also provide for those provisions that must be necessarily disclosed in the agreement on telemedicine within the EAEU.

scholarly journals Mapping method in research of drug crime regional criminological features (Ukraine taken as an example)

2019 ◽  
Vol 68 ◽  
pp. 01011
Author(s):  
Andriy Babenko ◽  
Ruslan Tarasenko ◽  
Oleksandr Ostrohliadov
Keyword(s):  
Law Enforcement ◽  
Drug Trafficking ◽  
Illicit Drug ◽  
Mapping Method ◽  
Theory And Practice ◽  
Criminological Theory ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Drug Crime ◽  
Illicit Drug Trafficking

General national average drug crime rates on which the contemporary criminological theory and practice is based do not adequately reflect regional peculiarities in the field of illicit drug trafficking as they level high quality/quantity parameters in some areas and their lower values in others. Still, consideration of only national totals in organization of crime counteraction leads to incomplete information, neglecting its negative trends in certain areas, thus, causing aberration of the actual drug crime situation and using improper countermeasures. Under such circumstances the state law enforcement agencies do not operate preemptively against the illicit drug trafficking, do not contain in due time outbreaks of drug crime in certain areas- crime donors, and, as a result, the efficiency of steps aimed at drug addiction prevention as well as crime limitation in total becomes substantively deteriorated. Criminological mapping method enables the territorial police divisions to monitor existing criminological situation, inform the public and other law enforcement agencies on trends and locations of drug crime expansion, and reveal the most affected areas to be able to react promptly to crime pattern changes in regions. The application of this method enabled the evident demonstration of the fact that in Ukraine the Eastern and Southern areas were most affected by drug crime, wherein the affection factor in this part is twice higher than general national value.

A Framework for the Legal Analysis of War-Peace Issues

1966 ◽  
Vol 60 (4) ◽  
pp. 728-734
Author(s):  
Kenneth Carlston
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
International Conflict ◽  
Interstate Conflict ◽  
Legal Analysis ◽  
Legal Tradition ◽  
Legal Norms ◽  
The Subject ◽  
And Function

To state the province and function of law in the control of war requires an understanding, in the broadest possible terms, of the nature of interstate conflict in the twentieth century. When such an understanding is reached, it will be seen that the traditional methodology of international law is inadequate for handling war-peace issues. While international lawyers should be faithful to the legal tradition of fact inquiry and judgment on the basis of legal norms, they should enlarge their perspective of international conflict and restructure their approach to the problem of war. The elaboration of this thesis is the subject of this note.

scholarly journals The main stages of development of the institute of administrative responsibility for illicit trafficking in narcotic drugs and psychotropic substances

Legal Ukraine ◽  
2020 ◽  
pp. 24-32
Author(s):  
Kateryna Prystinska
Keyword(s):  
Drug Trafficking ◽  
Legal Regulation ◽  
Stages Of Development ◽  
Psychotropic Substances ◽  
The Russian Empire ◽  
The Times ◽  
Administrative Code ◽  
Illicit Trafficking ◽  
Illicit Drug Trafficking ◽  
Administrative Responsibility

The article considers the main stages of development of administrative liability for illicit drug trafficking. There are three stages: 1) pre-revolutionary; 2) soviet; 3) the times of independent Ukraine, which differed in approaches to administrative responsibility in this area. It is shown that the process of drug use began in the archaic period, by conducting magical, religious rites, ritual and healing ceremonies in order to achieve mental reactions and trance. During the stay of Ukrainian lands in the Russian Empire, they were subject to the rules of imperial law, which provided for fines, confiscation of materials and devices used in such offenses. The provisions of the Administrative Code of the USSR of 1927, the Code of the Ukrainian VTS on administrative violations of 1984 and the current Code of Administrative Offenses, which reflect the rules of administrative liability for violations in this area. It is shown that during the period of independent Ukraine, administrative and legal activities in the field of combating drug trafficking were conducted in the following areas: licensing activities; the order of transportation of drugs; regulation of their circulation; creation of a public authority whose task was to control the circulation of drugs and legal regulation of their use. Key words: administrative responsibility, drugs, rites, traditions, treatment, rehabilitation, volumes of narcotic substances.

scholarly journals Mechanisms of removing the barriers and limitations impeding functionality of Single Services Market of the EAEU

2020 ◽  
pp. 1-9
Author(s):  
Evgenii Vladimirovich Pustovalov
Keyword(s):  
Research Result ◽  
International Agreement ◽  
Trade In Services ◽  
Member States ◽  
Application Of Law ◽  
Market Participants ◽  
National Courts ◽  
Eurasian Economic Union ◽  
The Subject ◽  
Economic Union

The subject of this research is the process of establishment of the regime of Single Services Market of the EAEU, taking into account the approved algorithms with regards to the plans for liberalization of services marker by separate sectors, as well as prescribed by the law of the Union mechanisms of maintaining such regime that would allow removing barriers and limitations impeding its functionality. The author particularly examines the removal of barriers pertaining to trade in services via realization of the pacta sunt servanda principle; direct and indirect application of law of the Union by the national courts; work of the Court of the Eurasian Economic Union; development and implementation of the specialized mechanism of removing barriers and limitations impeding functionality of the Single Services Market. The research result consists in systematization of mechanisms that might be used to ensure compliance with the regime of Single Services Market. The author formulates recommendations on concluding the international agreement within the framework of EAEU, focused on regulation of administrative cooperation of the competent agencies of the member-states in terms of separate sectors of services, as well as regulation of the work of special commission authorized to consider requests of the services market participants, and deliver the binding for EAEU member-states decisions.

scholarly journals CRIMINAL AND LEGAL STUDY OF CONNIVANCE IN CRIME AS A SIGN CHARACTERIZING CONFLUENCE OF SEVERAL PERSONS IN ONE CRIME

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 236-241
Author(s):  
A. A. Kashkarov ◽  
D. A. Poshtaruk
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Analysis ◽  
Legal Study ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side ◽  
Made In

A criminal and legal analysis of the objective and subjective signs, characterizing the connivance to the crime is made in the publication. The study found that connivance in a crime may be characteristic of various criminal law institutions, such as implication in a crime and complicity in a crime. In addition, the presented arguments show that connivance as a criminally punishable act may be associated with non-interference with unlawful activities that do not constitute a crime. The analysis shows that connivance in a crime can have a selfish purpose. It is noted that connivance in a crime is significantly different from other forms of implication in a crime, namely concealment of a crime and failure to report a crime. The subject of connivance in a crime is a person endowed with special powers to prevent, document and register crimes or offences. The article discloses that there is no special penal provision in the current Act of Criminal Responsibility of the Russian Federation that criminalizes it. The exception is the disposition of Art. 290 of the Criminal Code of RF, which contains an indication of connivance as a sign characterizing the objective side of receiving a bribe.

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