Court Fine in the Criminal Code of the Russian Federation and Criminal Compensation in the Criminal Code of the Republic of Belarus: Comparative Analysis

2017 ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals RESULTS OF THE STUDY OF THE ETHNIC IDENTITY OF SOUTH OSSETIANS

2020 ◽  
pp. 162-168
Author(s):  
A. B. Gagloeva
Keyword(s):  
Ethnic Identity ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Positive Attitude ◽  
Dual Citizenship ◽  
Cultural Community ◽  
South Ossetia ◽  
High Satisfaction ◽  
The Russian Federation ◽  
The Republic

The article is devoted to the analysis of the results of the study of the ethnic identity of South Ossetians who have the citizenship of the Republic of South Ossetia and dual citizenship (the Republic of Southt Ossetia and the Russian Federation). It has been shown that the respondents’ ethnic identity is relevant and significant, which is accompanied by a positive value image of their ethnos and a positive attitude to its culture and history, which they try to preserve, traditions and norms of behavior adopted in it, as well as high satisfaction with membership in their ethno-cultural community with a pronounced need for identification with it and consolidation. The paper presents statistically reliable results of comparative analysis of indicators of ethnic identity of South Ossetians depending on citizenship: of the Republic of South Ossetia or dual (the Republic of South Ossetia and the Russian Federation).

scholarly journals The principle of adversarial parties in Russian and Armenian law (comparative analysis)

2021 ◽  
pp. 39-43
Author(s):  
Vera Ilyuhina
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Procedural Law ◽  
The Russian Federation ◽  
The Republic ◽  
Different Levels

The article provides a comparative analysis of the adversarial principle of the parties in the procedural legislation of the Russian Federation and the Republic of Armenia. The author comes to the conclusion that this principle in Russia and Armenia is normatively fixed at different levels and occupies a different place in the system of principles of national law. From the standpoint of dividing the principles of law into sectoral, inter-sectoral and general legal in the Russian Federation, the adversarial principle is inter-sectoral, and in the Republic of Armenia it is a principle of criminal procedural law. From the position of division the principles of law according to the source of consolidation in Russia, the adversarial principle is one of the constitutional principles duplicated in sectoral legislation, and in Armenia this principle is simply sectoral.

scholarly journals ISSUES OF JUDICIAL ORGANIZATION AND JURISDICTION OF COURTS OF FIRST INSTANCE IN THE REPUBLIC OF ESTONIA

2019 ◽  
Vol 8 (7) ◽  
Author(s):  
Rinat R. Akhmetzakirov ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Political Rights ◽  
Criminal Courts ◽  
Procedure Code ◽  
Independent Form ◽  
Protection Of Human Rights ◽  
The Russian Federation ◽  
The Republic

The United Nations obliges the national legislator to pay particular attention to issues of jurisdiction through the International Documents. These obligations are specified in clause 1 of Article 14 of the Covenant on Civil and Political Rights and in clause 1 of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It is the duty of states to guarantee rights to a fair public hearing by a competent court without delay. Jurisdiction issues, i.e. competencies of criminal courts in the Russian Federation, are regulated by Article 31 of the Criminal Procedure Code of the Russian Federation. The rules of this article are of great importance. Thus, the fulfillment of the requirements of Article 31 of the Criminal Procedure Code of the Russian Federation consists in the fact that if the rules of this article are violated, this automatically leads to the sentence cancellation and the re-examination of the criminal case.  Similar serious attention is paid to the legislator of the Republic of Estonia. The legal system of this country is part of the Romano-German legal family, having peculiar differences. In order to alleviate the workload of the courts of first instance, offenses were singled out in the Criminal Code as an independent form of punishment, and the simplified (summary) proceedings were also stipulated for application.

Responsibility for Dissemination of Knowingly False Information

2021 ◽  
pp. 59-64
Author(s):  
Brilliantov A. V. ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Public Information ◽  
Criminal Code ◽  
Practical Application ◽  
False Information ◽  
Administrative Legislation ◽  
The Russian Federation

The article is devoted to the analysis of the compositions of crimes «Public dissemination of knowingly false information about the circumstances that pose a threat to the life and safety of citizens» (Article 207.1 of the Criminal Code of the Russian Federation) and «Public dissemination of knowingly false public information, which caused serious consequences» (Article 207.2 of the Criminal Code of the Russian Federation). The article compares the objects of these crimes, elements of objective and subjective parties, an attempt is made to distinguish these compositions. In addition, the work is carried out and comparative analysis of these criminal offences with similar administrative offences. The analysis showed problems related to the practical application of the rules on the offences under consideration and concluded that the need for amendments to criminal and administrative legislation should be made.

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