scholarly journals LEGAL REGULATION OF THE AGE OF CRIMINAL LIABILITY IN THE CONTEXT OF NOVELLING CRIMINAL LEGISLATION

2018 ◽  
pp. 73-78
Author(s):  
Yevgeny Petrovich Kim
Keyword(s):  
Necessary Conditions ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Psychological Characteristics ◽  
Legal Analysis ◽  
The Subject ◽  
A Minor ◽  
Criminal Legislation ◽  
Warning Effect

The subject of the study is the criminal responsibility of minors as an independent institution of criminal law. The purpose of the analysis is to reveal the peculiarities of bringing a person to criminal liability. The methodology of the study is based on a combination of formal legal and comparative legal analysis, which made it possible to establish criteria for assessing the age of criminal responsibility. The main results of the study contain conclusions on the achievement of a certain age by a person as one of the necessary conditions for recognizing a crime as a subject. The specifics of the criminal liability of minors are due to the age and socio-psychological characteristics of this group of persons, the incompleteness of the formation of their personality, the best receptivity to punitive and educational measures. Taking into account the characteristics of a minor acquires special significance when choosing the necessary measure of a criminally-legal, educational nature. The chosen measure of impact with minimal costs of criminal repression should give a warning effect.

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 Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals Criminal liability as a means of counteracting sanitary and epidemiological rule violations in a pandemic

2021 ◽  
Vol 118 ◽  
pp. 03010
Author(s):  
Andrey Vladimirovich Makarov ◽  
Larisa Vladimirovna Makogon ◽  
Oleg Vyacheslavovich Firsov ◽  
Aleksandra Sergeevna Zhukova
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Main Idea ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Federal Law ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

scholarly journals The System of Grounds for Exempting a Person From the Legal Consequences of a Crime

Legal Concept ◽  
2021 ◽  
pp. 155-160
Author(s):  
Elena Shchelkonogova ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Analysis ◽  
Characteristic Features ◽  
Theory Of Law ◽  
Constituent Elements ◽  
Legal Consequences

Introduction: the grounds for exemption from criminal responsibility, punishment, and the recognition the act that has caused harm to the object of criminal law protection as non-criminal, are essential for a fair legal assessment of a person’s behaviour. In this connection, the author of the paper aims to study the grounds for not applying the legal consequences of a crime (act) to a person. Methods: the methodological framework for the study is a set of methods of scientific knowledge, among which the main ones are the methods of historicism, consistency, analysis and comparative law. Results: the author’s position grounded in the work is based on the legislation and the opinions of the competent scientific community on the question of why certain grounds are combined by the legislator into separate chapters and are endowed with common features, and other grounds belong to different grounds for the release of a person. With the help of the legal analysis of the provisions of the theory of law, the differentiation of the characteristic features of the grounds for not bringing a person to criminal responsibility is carried out. The questions of the legal regulation of not only various types of grounds for the release of a person, but also the legal consequences of committing a crime are raised. The concept of circumstances precluding criminal liability in connection with the voluntary refusal to commit a crime is formulated. Conclusions: the study establishes that a person may be exempted from criminal liability, in connection with the absence of the constituent elements of offence (insanity, infliction by innocence) in his act, and the grounds that are not associated with crime, such as regulated by Chapter 11 of the Criminal Code. However, the circumstances that preclude the criminality of the act, voluntary refusal, as well as the insignificance of the act are not directly enshrined in the Code as the grounds for exempting from criminal liability due to the absence of corpus delicti, however, the text of the articles of the Code states that the act is not a crime.

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 Going through training for the purpose of carrying out terrorist activity

2020 ◽  
pp. 89-103
Author(s):  
Georgii Moskalev
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Body ◽  
Legal Analysis ◽  
Minimum Age ◽  
The Subject ◽  
The Russian Federation ◽  
Objective Side

The subject of this research is the provision on criminal liability for training for the purpose of carrying out terrorist activities. In the course of this research, the author determines the content of the elements of a crime stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, defines boundaries of this criminal violation, as well as makes recommendations on the improvement of its legal regulation. The article is based on the component legal analysis of the body of crime, stipulated by the Article 205.3 of the Criminal Code of the Russian Federation, with application of such methods of legal hermeneutics as grammatical and systemic interpretation. It was revealed that de facto, a direct object of crime envisaged by the Article 205.3 of the Criminal Code of the Russian Federation differs depending on the type of crime for which the subject is undergoing training; while the objective side of crime consists in training, including self-training of the subject. The article criticizes the legislator’s decision to establishing a minimum age threshold (14 y.o.) for the subject of crime, as well as the method to describe the purpose in disposition of the Article 205.3 of the Criminal Code of the Russian Federation. The author describes the cases when introduction of the Article 205.3 of the Criminal Code of the Russian Federation allows double prosecution for the same offence, as well as regulation of a stiffer penalty for preparation, in comparison with the completed substantive crime, which in both cases violates the principle of justice (Article 6 of the Criminal Code of the Russian Federation).  A proposal is made to exclude the Article 205.3 from the Criminal Code of the Russian Federation, as well as introduce a special rule on the boundaries of punishment for preparation of terrorist acts.

scholarly journals Problems of defining the goals and objectives of the Russian penal legislation and other legal branches

2021 ◽  
Vol 227 (4) ◽  
pp. 18-29
Author(s):  
SERGEI A. VETOSHKIN ◽  
Keyword(s):  
Key Words ◽  
Critical Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Structure ◽  
Legal Structures ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Errors ◽  
Goals And Objectives

Abstract. The article identifies the problems of applying a uniform legal technique when formulating the goals and objectives of legal branches (laws), proposes standards of legal structures that unify the formulations of goals and objectives, providing the formulation of the goal of the subject (sphere) of legal regulation in the content, and of the main directions of this legal regulation – in the objectives. The general and specific features of legal branches have been determined, which make it possible to differentiate them and carry out their comparative legal analysis. A critical analysis of the form and content of the goals and objectives of the Russian criminal, criminal procedural and penal legislation is carried out, logical errors are revealed, the formulations of the goals and objectives of the penal legislation are clarified. Key words: criminal punishment, penal legislation, criminal legislation, criminal procedure legislation, goals and objectives of penal legislation, correction of convicts, legal technique, legal structure.

scholarly journals CRIMINAL OFFENSE IN FOREIGN CRIMINAL LAWS

2021 ◽  
Vol 2 ◽  
pp. 22-25
Author(s):  
Viktoria N. Sizova ◽  
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Subject ◽  
Criminal Legislation

The article attempts to make a comparative legal analysis of foreign criminal legislation on the subject of legal regulation of the category of criminal offense. The presence of this category in most criminal law systems of foreign countries has been established. It is concluded that it is necessary to introduce a criminal offense in the Russian criminal law

scholarly journals Criminal liability for land damage under the legislation of the cis countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina
Keyword(s):  
Criminal Liability ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Land Protection ◽  
Rational Use ◽  
Advantages And Disadvantages ◽  
The Future ◽  
Special Rules ◽  
Cis Countries ◽  
Criminal Legislation

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.

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