scholarly journals Criminal Liability in Conflictological Discourse

Lex Russica ◽  
2020 ◽  
pp. 49-62
Author(s):  
I. Ya. Kozachenko ◽  
D. N. Sergeev
Keyword(s):  
Conflict Resolution ◽  
North America ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Pluralism ◽  
Ancient Society ◽  
History Of ◽  
Ancient Times ◽  
Religious Concept ◽  
Legal Mechanism

The paper deals with the history of criminal law and criminal liability in conflictological discourse. On the basis of ideas of legal pluralism, the authors investigate the transformation of the criminal and legal mechanism of conflict resolution from ancient times to the present. They study the customs of exile, blood vengeance, blood reconciliation, as well as a number of other customs of Amazonia and North America. The paper explains that such customs remain until now due to the expressed compensatory character and evaluates the origins of ritualization of conflict resolution procedures in ancient society. The authors examine the circumstances of the disappearance of the victim concept from repentant law, as well as the borrowing of the religious concept of responsibility not before the victim, but before the suzerain by secular law.The authors note that many generations of lawyers have formed their professional consciousness under the influence of an indispensable formal cliché: for the committed crime the perpetrator must be held criminally liable not before the injured person, but before the State that is not in the least at times guilty of failing to provide the victim with a safe life. Few doubted that the postulate given is the only one true. This example of survivability of ancient criminal law customs demonstrates the interest of society in alternative ways of solving criminal law disputes. The authors conclude that legal pluralism is natural for the area of criminal law due to the expressed compensatory tendency in the society’s perception of criminal liability. The penetration of compensatory elements into modern criminal law is assessed as a positive and only possible trend of further criminal law development.

Justice without the State within the State

2016 ◽  
Keyword(s):  
Conflict Resolution ◽  
North America ◽  
Self Regulation ◽  
Social Groups ◽  
17Th Century ◽  
The State ◽  
Global Perspective ◽  
State Courts ◽  
History Of ◽  
Research Questions

History of justice is not only the history of state justice. Rather, we often deal with a coexistence of state, parastatal and non-state courts. Interesting research questions emerge out of this constellation: Where are notions of just conflict resolution most likely to be enforceable? To what extent is non-state jurisdiction a mode of self-regulation of social groups who define themselves by means of ethnic, religious or functional criteria? How do state and non-state ambitions interact? This collective volume contains contributions exploring non-state and parastatal justice between the 17th century and the present in Europe, Asia, North America as well as from a global perspective.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

From the bureau of forced labor to the criminal-executive inspections

2019 ◽  
pp. 149-156
Author(s):  
Ольга Васильевна Коростылёва
Keyword(s):  
Criminal Law ◽  
Electronic Monitoring ◽  
Criminal Liability ◽  
100Th Anniversary ◽  
October Revolution ◽  
Forced Labor ◽  
History Of ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Character

В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

THE HISTORY OF THE DEVELOPMENT OF LEGISLATION ON LIABILITY FOR FRAUD IN RUSSIA

2021 ◽  
pp. 12-20
Author(s):  
Andrey V. Arkhipov ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Russian Empire ◽  
Soviet Period ◽  
History Of ◽  
The Russian Federation ◽  
The Russian Empire ◽  
First Time

The article examines the history of the emergence and development of Russian legislation on criminal liability for fraud. It is noted that for the first time fraud is mentioned in the legal acts of the second half of the 16th century - the Codes of Justice of Tsars Ivan IV and Fyodor Ioannovich. Initially, fraud was most often understood as a deft but petty theft, in which de-ception was used to facilitate its commission. The understanding of fraud as the theft of other people's property, committed by deception, began to be formed only in the second half of the 18th century with the publication on April 3, 1781 by Empress Catherine II of the Decree "On the court and punishments for theft of different kinds and the establishment of working houses in all the gubernias." In the 19th century, the clarifying process of the content of the term "fraud" continued. It was reflected in the first codified criminal laws of the Russian Empire - Code of crimi-nal and corrective penalties of Russia of 1845 and the Charter on Punishments imposed by the justices of the peace of 1864. A significant contribution to the development of the Russian criminal law on liability for fraud was made by a group of legal scholars involved in the de-velopment of the Criminal Code of the Russian Empire, in which the whole Chapter 33 (Arti-cles 591-598) contained the rules on liability for fraud. Although the 1903 Criminal Code was not fully enacted, it had a significant impact on the formation of criminal law on liability for fraud in subsequent regulations. During the Soviet period, the legislation on the responsibility for fraud continued to develop. For the first time, abuse of trust was mentioned as a method of crime, along with deception. After the collapse of the Soviet Union and the adoption in 1993 of the Constitution of the Russian Federation, the Federal Law 10 of 01.07.1994 made signifi-cant changes to the Criminal Code of the Russian Federation of 1960 that served as the basis for the system of crimes against property in modern Russia.

History of development of modern concepts of criminal responsibility of artificial intelligence in Spain

2021 ◽  
Vol 2021 (03) ◽  
pp. 259-264
Author(s):  
Viktor Shestak
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Cyber Security ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
Legal Capacity ◽  
History Of Development ◽  
History Of ◽  
Legal Entities

This research proves the failure to address theoretically fundamental issues of robots' legal capacity and cyber security and as a result crudity of issues concerning criminal liability of robots for their actions. The proposals of a number of Spanish scientists on the possibility of non-proliferation of the sphere of criminal law on robots in connection with the existing possibility of criminal prosecution of legal entities in Spain have been worked out. In retrospect, the Spanish concepts of criminal responsibility of artificial intelligence were studied: their novels, shortcomings and problems of application in modern conditions were revealed.

scholarly journals 50 Underwear Questions: a Bare-All History by T. L. Kyi

2012 ◽  
Vol 1 (4) ◽  
Author(s):  
Trish Chatterley
Keyword(s):  
Social Class ◽  
North America ◽  
Social History ◽  
Western Europe ◽  
Health Sciences ◽  
Parental Supervision ◽  
University Of Alberta ◽  
History Of ◽  
Ancient Times ◽  
The University

Kyi, Tanya L. 50 Underwear Questions: a Bare-All History. Toronto: Annick Press, 2011. Have you ever wondered where long johns and jock straps got their names? Or where the phrase ‘going commando’ came from? Then this is the book for you! This book, framed as a series of 50 questions and responses, takes the reader through a social history of underwear from the ancient times of the Egyptian pharaohs through to the present day. While much of the focus is on Western Europe and North America, the reader also learns briefly about undergarments in India, Japan, and a few other regions. The book consists of seven chapters replete with fun-filled facts and humorous cartoon images. Throughout are so-called ‘private parts,’ which are quick trivia bits printed on underwear labels. There are also several recommended activities called ‘garment games’ for readers to pursue, such as how to tie your own subligaculum (i.e. gladiator underwear) or tie-dye a pair of boxer shorts (with parental supervision, of course). This well-researched book informs the reader not just about what was worn, but why. Fads and fashions of the various times were influenced by the need for protection from the elements, the wearer’s social class, the onset of war, or in more recent times, the apparel of models and actors in commercials and movies. This entertaining and educational read is intended for children ages nine and up, but is fun and fast for adults to read as well. There are two previous books in the 50 questions series which are about poisons and fire. If they are anything like the underwear book, they will be enjoyable books to read as well! Highly Recommended: 4 out of 4 starsReviewer: Trish ChatterleyTrish is a Public Services Librarian for the John W. Scott Health Sciences Library at the University of Alberta. In her free time she enjoys dancing, gardening, and reading books of all types.  

scholarly journals SEJARAH PERTANGGUNGJAWABAN PIDANA BENEFICIAL OWNER DI INDONESIA

2020 ◽  
Vol 4 (4) ◽  
Author(s):  
Dicky J H
Keyword(s):  
Criminal Law ◽  
International Organizations ◽  
Criminal Liability ◽  
The United States ◽  
Economic Crime ◽  
Second Amendment ◽  
The World ◽  
History Of ◽  
The Uk ◽  
Legal Subjects

The history of the criminal liability of  Beneficial Owner in the World is very  influenced by the UK and the United States where in tax treaties and international organizations such as the FATF, AEOI, OECD which often use the term beneficial owner, become the basis for the development of the beneficial owner concept in the World. The history of corporate regulation as a subject of criminal law in Indonesia consists of two periods, namely the KUHP period (before the existence of laws outside the KUHP) and a period outside the KUHP (the birth of new laws that specifically regulate corporations as legal subjects, such as Law No. 7 Drt. 1955 concerning Investigation, Prosecution, Economic Crime Court, Law No. 41 of 1999 concerning Forestry, Law No. 32 of 2009 concerning Protection and Management of the Environment, Law No. 8 of 2010 concerning Prevention and Eradication of Money Laundering and Law No. 20 of 2001 on the Second Amendment to Law No. 31 of 1999 on Corruption.

History of domestic legislation development on criminal liability for environmental crimes

2021 ◽  
pp. 766-778
Author(s):  
Elena A. Popova ◽  
Vladimir G. Kokorev
Keyword(s):  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Criminal Code ◽  
Domestic Legislation ◽  
History Of ◽  
Russian Law ◽  
The Military ◽  
Direct Reflection ◽  
Environmental Crimes

We consider the negative impact of society on the environment, which adversely affects humanity itself. We emphasize the peculiarities of environmental crimes development in Russian law. We point out that the first legislative norms containing responsibility for environmental offenses date back to the middle of the 17th century, when the direct reflection of norms aimed at protecting nature from criminal encroachments begins. We note that the Extensive Edition of Rus’ Justice reflected responsibility for the theft of a number of animals, which in a sense can be attributed to environmental encroachments. It is emphasized that if responsibility for such acts was reflected in the Cathedral Code of 1649, then in the Military Article of 1715 it was absent. We note that in the first codified criminal law, adopted in 1845, under the name “Code on penal and correctional punishments”, acts encroaching on the environment were reflected, which was subsequently consolidated and developed in criminal laws as pre-revolutionary Russia (Criminal Code 1903), and adopted after the October Revolution of 1917, especially in the Criminal Code of the RSFSR in 1960.

scholarly journals On the historical experience of preserving the territorial integrity of the state by criminal law means

2020 ◽  
Vol 14 (3) ◽  
pp. 309-314
Author(s):  
A.V. Naumov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Self Determination ◽  
Historical Experience ◽  
Territorial Integrity ◽  
Russian State ◽  
History Of ◽  
The Baltic ◽  
The Right

The article examines the historical experience of preserving the territorial integrity of the state through the adoption of criminal laws. This is done using the example of two such attempts in the history of the Russian state (by the Provisional Government after the February Revolution of 1917 and during Gorbachev’s perestroika in connection with the decision of the union republics of the Baltic states to gain state independence). In both cases legislators passed strict criminal laws, which, however, proved unable to prevent violation of the territorial integrity of the state. For example, under the Provisional Government criminal liability was increased for violent encroachments on changing the existing state system in Russia or “to tear away any part of it from Russia” (the perpetrators were even subjected to life or urgent hard labor). The second experience, also unsuccessful, dates back to the spring of 1990, when the Baltic republics (Lithuania, Latvia and Estonia) declared their state independence. The extraordinary Third Congress of People’s Deputies of the USSR immediately reacted to this, recognizing these decisions as invalid as contrary to the Constitution of the USSR. The all-Union power, recorded in the decisions of the congresses of people’s deputies, almost openly announced to the republics that their withdrawal from the USSR was impossible and they had nothing to hope for in this sense. So, in an interview for Soviet and French television in November 1990, the President of the USSR, recognizing that the Constitution of the USSR provides for the right to self-determination up to the secession of a republic and referring to the existence of a special mechanism for this exit, at the same time said that he had come to the conclusion, the country cannot be divided. The outcome of this legislative “fight” is known and dates back to December 1991. What should a legislator learn from these historical lessons? Most importantly: he must firmly grasp that there are certain limits to the possibilities of criminal law to achieve political and socio-economic goals.

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