CRIMINAL RESPONSIBILITY FOR CRIMES AGAINST INTELLECTUAL PROPERTY RIGHTS UNDER THE LEGISLATION OF EUROPEAN COUNTRIES

2019 ◽  
pp. 168
Author(s):  
Juna Kjakšta
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
European Countries ◽  
World Community ◽  
Positive Law ◽  
Legal Provisions ◽  
The World

The article is devoted to the issues of criminal law ensuring the protection of intellectual property in some European countries. The author explores the European legislation on responsibility for violation of intellectual rights. Special attention is paid to the structure of legal regulation of criminal liability for these offenses. Active integration of Latvia into the world community, joining the World Trade Organization, joining the relevant international agreements in this regard, forces the intellectual property protection issues to be oriented towards developed European countries. When looking for positive law enforcement practice, it is necessary to analyse national legal provisions that have a wealth of experience in combating intellectual property violations and are members of the TRIPS Agreement. In this context, it seems appropriate to refer to the legislation of other European countries that have a wealth of experience in dealing with encroachments on intellectual property.

scholarly journals Establishing the administrative and criminal responsibility during the high alert period

2021 ◽  
Vol 5 (3) ◽  
pp. 215-231
Author(s):  
V. V. Koryakovtsev ◽  
К. V. Pitulko ◽  
A. A. Sergeeva
Keyword(s):  
Law Enforcement ◽  
Criminal Responsibility ◽  
Emergency Situation ◽  
Legal Regulation ◽  
Public Attention ◽  
Legal Concept ◽  
Legal Provisions ◽  
Short Period ◽  
Deductive Method ◽  
Criminal Legislation

The subject of research is norms of the current administrative and criminal legislation of the Russian Federation applied for violations of anti-epidemic restrictions. In 2020 the array of normative acts applicable in an emergency situation was significantly supplemented and need to be analyzed.The purpose of the study is to confirm or disprove hypothesis that legal certainty norms applied for violations of anti-epidemic restrictions and their position in the hierarchy of administrative-legal and criminal-legal prohibitions look rather dubious.The methodology. The authors choose the hypothetical-deductive method as the main method of this research. This method allowed to create a system of deductively related hypotheses from which statements about empirical facts are derived. The article analyzes the law enforcement practice that developed during the period of high alert.The main results of research and a field of their application. Their relationship between antiepidemic restrictions and permissible restrictions on fundamental human rights and freedoms is considered; an assessment of the proportionality of sanctions for violation of the generally binding rules of conduct is given; the socio-legal conditionality of the repressive legal support for the action of the high alert regime is analyzed. The main trends in law enforcement practice that have developed during the implementation of new administrative and legal and criminal law prohibitions are given. The findings can be useful to optimize law enforcement in the ongoing COVID-19 pandemic.Conclusions. The legitimization of the pandemic alert regime (or high alert regime in other words) took place in a short period of time, as a result of which some defects of legal regulation can be named. So, to date, no clear gradation has been made between the high alert regime and the emergency regime; although the high alert regime has structurally taken shape as a legal concept in conjunction with ensuring the sanitary and epidemiological wellbeing of the population, its systemic relationship with the categories "quarantine", "prevention of the spread of diseases", "isolation" has not been developed, i.e. with concepts developed in such an area of scientific knowledge as epidemiology, and received partial consolidation in the norms of sanitary and epidemiological legislation. The high alert regime has undergone a significant transformation, turning from a set of recommendations addressed to the subjects of the unified state system for the prevention and elimination of emergencies into a wide list of legal provisions of various legal force, the effect of which applies to all groups of the population. In this regard, it is obvious that there is a demand in society for the unification of accepted norms and further structuring of a clear and unambiguous system of rules of conduct applicable in extreme situations that are not of an emergency nature, but require special control and special public attention. It follows from this that extraordinary legal regulation must acquire a consistent form and receive a strictly defined place in the national legal system.

scholarly journals Legal Regulation of Crimes Threatening Global Security

2021 ◽  
Vol 14 (4) ◽  
pp. 56-62
Author(s):  
T. M. Klyukanova ◽  
O. O. Mikhailova
Keyword(s):  
Social Relations ◽  
Drug Trafficking ◽  
International Security ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Psychotropic Substances ◽  
International Crimes ◽  
The World ◽  
The Subject

The authors consider methods of legal regulation of crimes and types of international cooperation in the fight against them. The paper also highlights international measures aimed at implementing antiterrorist cooperation and combating illegal drug trafficking. The main goal is to determine the legal mechanisms for the prevention of these socially dangerous phenomena both at the local and interstate levels. The object of the research is the social relations that develop in connection with and about the peculiarities of crimes that infringe on international security. The subject of the research is the norms of modern Russian criminal law and the norms of international law. The scientific works of the authors listed in the references represent a solid theoretical and methodological basis for this research. However, research into the features of crimes should continue, since not all problematic issues in this area have been resolved. The author examines the concept, content and general features of international crimes that infringe on international security; defines the role of the UN (United Nations) and other organizations engaged in international legal regulation in the fight against international crimes; defines the features of the interstate organizations activities to prevent terrorism and illicit trafficking in narcotic and psychotropic substances. It is concluded that terrorism and illicit drug trafficking are most widespread among international crimes. The authors draw conclusions on the need to perform preventive activities aimed at preventing the Commission of international crimes, as well as on the implementation of a direct fight against such crimes through «detection, prevention, suppression, disclosure and investigation». Summarizing the authors’ points of view on the subject of criminal liability for acts of terrorism and drug trafficking, it should be noted that restraint measures, as well as strengthening responsibility measures, should be preceded by a set of preventive measures. It should also be understood that the effectiveness of anti-terrorist and anti-drug policies in the world, including in terms of the regulation of criminal liability measures, should be supported and approved by the population. To improve the legal structures of crimes that infringe on international security in the countries of the world community, it is necessary to positively perceive the international experience of various states in regulating measures of criminal responsibility and countering the spread of these acts.

scholarly journals History of World and Russian Mammoth Studies

2020 ◽  
pp. 1163-1181
Author(s):  
Vladimir S. Luzan ◽  
Alexandra A. Sitnikova ◽  
Anastasia V. Kistova ◽  
Antonina I. Fil’ko ◽  
Julia S. Zamaraeva ◽  
...  
Keyword(s):  
Cultural Practices ◽  
Far East ◽  
Legal Regulation ◽  
Modern World ◽  
Russian Culture ◽  
Art Collectors ◽  
The North ◽  
Legal Provisions ◽  
The World ◽  
Historical Comparative

The article is devoted to the study of the concept of the mammoth in regulatory documents and cultural practices. The analysis of both Russian and international experience allowed to generalise the existing legal provisions regarding the regulation of mammoths, as well as to determine the role of mammoths in the world and Russian culture, including the culture of the indigenous peoples of the North, Siberia and the Far East. The methodological basis of the study is represented by the comparative analysis of sources and materials, historical-comparative and chronological methods, the historiographic method, as well as methods of philosophical and art history analysis. The study revealed the fact that in the field of legislation and legal regulation of extraction and sale of mammoth ivory in the world, the issue of the status of mammoths is raised only in connection with a discussion of the survival of rare species of elephants. Measures to prevent extermination of elephant population, encompassing a ban on trade, including trade of mammoth ivory, cause heated discussions and are controversial for craftsmen, antique dealers and art collectors. The issue of legal regulation in this area is particularly acute for the Russian Federation, due to the lack of a finalised legal and regulatory framework, both at the federal, regional and municipal levels. The image of the mammoth in the world and Russian culture is embodied in a number of visual practices. These are heraldry, animation, book graphics, sculpture and fine art. Sign and symbolic forms of the mammoth embody religious and mythological characteristics of the animal, demonstrating its significance in people’s worldview, as well as indicating of the “living” memory of it in the modern world

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals Psychological aspects of information impact on employees of internal affairs Officers

2020 ◽  
Vol 10 (1) ◽  
pp. 18-29
Author(s):  
M.V. Vinogradov ◽  
O.A. Ulyanina
Keyword(s):  
Law Enforcement ◽  
Information Literacy ◽  
Police Officers ◽  
Social Economic ◽  
Modern Society ◽  
Value Orientations ◽  
World Community ◽  
Informational Influence ◽  
The Social ◽  
The World

The article analyzes the processes of intensive informatization and technologization of modern society, affecting the vector of development of the social, economic, political and military spheres of the state. In this context, the problem of informational impact on a human personality, his consciousness, mindset, spiritual and value orientations is considered. On the scale of the geopolitical interaction of the world community at the information-psychological level, this problem is revealed through the prism of describing the nature and content of the information war carried out in the interests of achieving political and military goals. Areas of informational influence on police officers are specified. In this regard, the need for the formation of information literacy of law enforcement specialists is being updated; the directions of information and psychological counteraction and protection against information attacks are highlighted. Psychological resistance, critical thinking, information security are named among the priority solutions to the highlighted issue.

scholarly journals Protection of Intellectual Property Rights in Ukraine in the Light of European Integration Processes

2020 ◽  
Vol 13 (3) ◽  
pp. 203
Author(s):  
Andrii Neugodnikov ◽  
Tetiana Barsukova ◽  
Roman Kharytonov
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
European Integration ◽  
Intellectual Property Rights ◽  
General Public ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Lesser General Public License ◽  
General Public License

The article provides an assessment of the state of legislation of Ukraine on the protection of intellectual property at the present stage. The most important problematic aspects and prospects of improving the legal regulation of intellectual property protection on the way to European integration are described in detail. The experience of foreign countries in ensuring the protection of intellectual property is analyzed. Particular attention is paid to the features of computer program protection, which is especially relevant nowadays. Features of the use of license agreements by the owner of computer programs, namely BSD License, Apache License, GNU General Public License, GNU Lesser General Public License, were analyzed. The conclusion is drawn that a system of continuous analysis of decisions made by European countries in the field of intellectual property law, as well as on issues related to general state policy on the administration of intellectual property, in order to implement developed approaches to legislation and law enforcement practice, could improve the protection of intellectual property rights in Ukraine.

Criminal law measures to combat provocation of crimes and falsification of criminals

2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Actual Problem ◽  
The Individual

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

Corporate Criminal Liability for the Criminal Offences in Lithuania

2020 ◽  
Author(s):  
Tomas Girdenis ◽  
Marius Laurinaitis ◽  
Irmantas Rotomskis ◽  
Raimundas Jurka
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Financial Reports ◽  
The Supreme Court ◽  
Illegal Activities ◽  
Material Advantage ◽  
Corporate Criminal Liability ◽  
Limited Scope ◽  
Legal Entities

Abstract Cases, where operations of legal entities entail unfair income through the malpractice of improving financial reports, are quite frequent. Such behaviour is unacceptable and deserves a stern response from the state, not only against persons involved in illegal activities but also against particular legal entities resorting to such behaviour. The purpose of this article is to analyse the elements of corporate criminal liability in the legislation of Lithuania. The article investigates the fundamentals of corporate criminal liability with the major focus on the problems of distinction and applicability of relevant elements of the latter. The analysis emphasizes the assurance of the inevitability of corporate criminal liability. The article also discusses the method of criminalizing the liability of legal entities, chosen by the Lithuanian legislator, according to which criminal liability can arise only for a limited scope of criminal offences. Presumably, the current legal regulation enables an unreasonable avoidance of criminal liability in cases where the criminal offence falls outside the aforementioned limited scope, even though it was committed to gain a material advantage over the affected party. The article also addresses the guilt of legal entities. In this regard, the article criticizes the approach of the Supreme Court of Lithuania for its evident limitation of corporate criminal liability, especially in the context of large corporations owned by many shareholders. As a possible solution, it was proposed to lay criminal responsibility on corporate governance bodies instead of the shareholders.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

scholarly journals Criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation

2019 ◽  
pp. 110-123
Author(s):  
O. Korotiuk
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Constitutional Rights ◽  
Foreign Countries ◽  
Foreign Law ◽  
Circulation Change ◽  
The World ◽  
Criminal Legislation ◽  
And Storage

The article analyzes the criminal law of foreign countries, which reflect the main types of forms of encroachments on objects of copyright and related rights. It has been established that the criminal responsibility for the above-mentioned acts was foreseen in the most countries of the world. The purpose of the article is to investigate the issue of criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation. Extremely widespread forms of socially dangerous encroachments on copyright objects are "appropriation of authorship", "plagiarism" and "coercion to co-authorship". Offenses that encroach on copyright objects are usually placed in the sections "Crimes against the constitutional rights and freedoms of man and citizen", "Crimes against property", and in some cases are placed in a separate section "Crimes against Intellectual Property». Analysis of the criminal legislation of foreign countries suggests that the typical forms of encroachments on objects of copyright and related rights include acts related to: a) the illegal entry into the circulation of objects of copyright and related rights contrary to the established legislation procedure. These types of encroachments are represented by the following wording of the criminal law of foreign law: the wording indicating the act of import or other movement of objects of copyright and related rights (for example, transportation, movement, import, export, etc.); wording indicating acts concerning the acquisition and storage of objects that could not be in circulation (in particular, acquisition, storage, conscious possession for the purpose of trade or inclusion in trade, illicitly created objects, goods, including if they were imported, receiving etc.); the wording indicating the acts related to the introduction of objects to commodity circulation or the commission of any actions for the purpose of further introduction into circulation, including acts concerning the putting into circulation of equipment for the illegal creation of copyright and related rights objects (for example, the use of objects without a check mark and in the absence of author's contracts; introduction into business turnover; introduction into circulation; change, removal from copies of objects of symbols and signs of protection of rights etc.); b) illegal production (creation) and / or illegal use of such objects. The following wording of the criminal law provisions refers to these attacks: the wording which denotes actions related to the illegal creation of the object of intellectual property rights, the introduction of certain changes to the object or information about the object, as well as acts of unlawful gain rights to the object (for example, attribution or coercion, plagiarism, reproduction, copying, forgery or imitation etc.); wording that denotes acts of unlawful use and distribution of objects (in particular, illegal use, illegal distribution, sale or offer for sale, sales etc.); general wording indicating any of the above-mentioned encroachments, as well as other attacks on the objects of copyright and related rights (for example violation of the law, any other form of use of objects, other infringement of rights, violation of any which of the rights etc.).

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