scholarly journals Criminological characteristics of personality traits that commit retail sale of alcoholic beverages to minors

2020 ◽  
Vol 15 (3) ◽  
pp. 48-53
Author(s):  
Anastasya A. Berndt
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Psychological Characteristics ◽  
Alcoholic Beverages ◽  
Retail Sale ◽  
Level Of Education ◽  
Criminal Offender ◽  
The Social ◽  
New Type ◽  
The Subject

The subject of the research is the criminological characteristics of convicts under art. 151.1 of the Criminal Code. The purpose is studying of analyze a new type of identity of the criminal offender, a feature of that is bringing of criminal responsibility for committing several similar administrative offenses. The study revealed specific socio-demographic characteristics of convicts under Art. 151.1 of the iCriminal Code, which account is necessary for the formation of a system for the prevention of such unlawful behavior. This is low level of education, age 30-49, crimes are committed, as a rule, by women of working specialties. An analysis of the social and role characteristics of convicts allowed to reveal the peculiarity of this crime, which has mainly a female face. This is due to the scope of activities, since women are mainly involved in trade. As a result of studying of moral and psychological characteristics of the convicts' personality, it was concluded that the sphere of commerce is sufficiently criminal, and this largely determines the formation of the criminal motivation of the convicts.

Characteristics of convicted persons who committed a crime with administrative prejudice

2019 ◽  
pp. 9-18
Author(s):  
Анастасия Анатольевна Берндт
Keyword(s):  
Statistical Method ◽  
Research Methods ◽  
Preventive Measures ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Demographic Characteristics ◽  
Level Of Education ◽  
Main Research ◽  
Criminal Offender ◽  
New Type

Предметом исследования является социально-демографическая характеристика осужденных за преступления с административной преюдицией. Целью исследования является анализ нового типа личности преступника-правонарушителя, особенностью которого является привлечение к уголовной ответственности за совершение нескольких аналогичных административных правонарушений. Основными методами исследования являются анализ, синтез, а также статистический метод. В результате исследования выявлены специфические социально-демографические характеристики осужденных за преступления с административной преюдицией, учет которых необходим для формирования системы профилактики такого противоправного поведения. Это невысокий уровень образования, возраст 30-49, преступления совершаются преимущественно мужчинами, за исключением преступлений, предусмотренных ст. 151 УК РФ, что объясняется сферой деятельности (сфера торговли), где преимущественно заняты женщины. Преступления совершаются трудоспособными лицами без определенного рода занятий, среди лиц, участвовавших в социально значимом труде, больше всего рабочих. Сделан вывод, что для выработки более точных мер превентивного воздействия на противоправное поведение преступника-правонарушителя необходим анализ социально-демографических характеристик не только осужденных, но и лиц, ранее привлекавшихся к административной ответственности. The researching subject is the socio-demographic characteristics of those convicted of crimes with administrative prejudice. The purpose of the study is analyzing a new type of identity of the criminal offender, a feature of which is to bring to criminal responsibility for committing several similar administrative offenses. The main research methods are analysis, synthesis and the statistical method. As a result of the study, specific socio-demographic characteristics of those convicted for crimes with administrative prejudice were identified, which are necessary to form a system for the prevention of such unlawful behavior. This is a low level of education, age 30-49, crimes are committed mainly by men, with the exception of crimes under Art. 151 of the Criminal Code, which is explained by the sphere of activity (trade), where women are predominantly employed. Crimes are committed by able-bodied persons of a certain type of occupation; among those who participated in socially significant work, most are workers. The study concluded that in order to develop more accurate preventive measures on the unlawful behavior of the criminal offender, it is necessary to analyze of socio-demographic characteristics not only convicts, but also persons who were previously brought to administrative responsibility.

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

scholarly journals Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime

2020 ◽  
pp. 286-290
Author(s):  
Natalia Antoniuk
Keyword(s):  
Social Relations ◽  
Criminal Responsibility ◽  
Human Life ◽  
Subjective Evaluation ◽  
Criminal Code ◽  
Special Part ◽  
The Subject ◽  
Severe Punishment ◽  
A Minor ◽  
Legal Consequences

 Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

scholarly journals KEBIJAKAN HUKUM PIDANA DALAM PERTANGGUNGJAWABAN TINDAK PIDANA KORPORASI DI INDONESIA

2017 ◽  
Vol 5 (4) ◽  
pp. 766
Author(s):  
I Dewa Made Suartha
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Concept Analysis ◽  
Criminal Code ◽  
Difficult Problem ◽  
The Subject

The acceptance of corporation as the subject of criminal act brings problem to criminal law policy in corporation criminal act responsibility. There are 2 principle problems in this study : (1) How is the current criminal law policy in corporation criminal act responsibility?. (2) How is criminal law policy upon the corporation criminal act responsibility in ius constituendum perspective? The research used normative law method with legislation, comparative and law concept analysis approaches. The result of the research : (1) Criminal code has not regulates corporation as the subject of criminal act that is accountable for criminal law, nevertheless it is partial but inconsistent, (2) Criminal Code Bill 1999-2000 has clearly and completely regulated corporation as subject of criminal act and is accountable for criminal law and accept unconditional criminal responsibility as well as substitute criminal responsibility, although with the exception to solve difficult problem in order to prove mistakes made by corporation. Diterimanya korporasi sebagai subjek tindak pidana, dapat menimbulkan permasalahan kebijakan hukum pidana dalam pertanggungjawaban tindak pidana korporasi. Dalam penelitian ini terdapat dua permasalahan pokok, yaitu (1) Bagaimanakah kebijakan hukum pidana pada saat ini dalam pertanggungjawaban tindak pidana korporasi?. (2) Bagaimanakah kebijakan hukum pidana terhadap pertanggungjawaban tindak pidana korporasi dalam perspektif ius constituendum ? Metode penelitian yang dipergunakan adalah metode penelitian hukum normatif dengan pendekatan perundang-undangan, perbandingan dan analisis konsep hukum. Hasil penelitian adalah : (1) KUHP tidak mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana sedangkan di beberapa perundang-undangan di luar KUHP telah mengatur korporasi sebagai subjek tindak pidana yang dapat dipertanggungjawabkan dalam hukum pidana, namun masih bersifat parsial dan tidak konsisten, (2) Rancangan KUHP 2014-2015 telah mengatur secara lengkap dan tegas korporasi sebagai subjek tindak pidana dan dapat dipertanggungjawabkan dalam hukum pidana dan menerima pertanggungjawaban pidana mutlak serta pertanggungjawaban pidana pengganti, meskipun dengan pengecualian untuk memecahkan persoalan kesulitan dalam membuktikan adanya unsur kesalahan yang dilakukan oleh korporasi.

OBLIGATION TO DENOUNCE IN THE CONTEXT OF MEDICAL CONFIDENTIALITY

2020 ◽  
Vol 136 (4) ◽  
pp. 167-175
Author(s):  
EDYTA MUCHA
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Penal Code ◽  
Legal Obligation ◽  
Legal Representative ◽  
Medical Worker ◽  
Professional Activities ◽  
The Social ◽  
Social Obligation ◽  
The Subject

The subject of the article is the issue of the obligation to notify about a crime in relation to medical confi dentiality. Medical workers may obtain information indicating the commission of a criminal act while performing medical services. An important issue is whether, in such a situation, they can or should notify law enforcement authorities. In order to resolve these issues, the legislator defi nes the legal and social obligation to denounce. The legal obligation of a medical worker to notify about a crime relates to the offences specifi ed in Art. 240 (1) of the Act of June 6, 1997 — Penal Code. Among the enumerated types of generic acts covered by denunciation, particularly important due to the issues raised, are the crime of murder (Article 148 of the Penal Code) and deprivation of liberty (Article 189 of the Penal Code). A medical worker having obtained reliable information about the commission of a criminal act is obliged to notify law enforcement authorities. It is irrelevant whether they learned about it while carrying out professional activities or without a connection with their performance. The criminal sanction for failure to comply with the obligation under Article 240 (1) of the Criminal Code is a prison sentence of up to 3 years. However, the social obligation to denounce is introduced by Art. 304 (1) of the Act of June 6, 1997 — Code of Criminal Procedure. Failure to fulfi l obligations of this nature does not result in any criminal consequences. The social obligation to denounce does not include offences prosecuted on private accusation or on request of the victim. It is worth noting that this obligation does not repeal any of the laws regulating medical secrets. In this case, a medical worker who has learned of a crime in connection with the exercise of their profession has no obligation to denounce. It should be emphasised that a medical worker may fulfi l the obligation to denounce only if the patient or their legal representative has consented to it, or if there are premises for presuming the consent.

scholarly journals The Image of the city in Italian chapels of the 15th century (a study of Benozzo Gozzoli’s fresco cycles)

2020 ◽  
Author(s):  
Е.И. Тараканова
Keyword(s):  
Real Situation ◽  
The Real ◽  
15Th Century ◽  
The Social ◽  
New Type ◽  
The Subject ◽  
Renaissance Italy ◽  
The City ◽  
New Buildings

Образ города, предстающий в расписанных Беноццо Гоццоли капеллах, фиксирует в себе достижения изобразительного искусства, архитектуры и градостроительства в эпоху Кватроченто. В статье впервые прослеживается эволюция изображений городских видов и конкретных сооружений во фресковых циклах, выполненных мастером в Риме, Умбрии и Тоскане. Представление образа города в творчестве Гоццоли связано с решением перспективных задач, реальной ренессансной городской действительностью, особенностями заказа и личностью художника. Проанализированы разные ракурсы и масштабы в изображении городов, а также варианты их символического прочтения как в контексте священной истории, так и современных Беноццо событий. Показано, как в его творчестве новое ренессансное искусство сочетается с наследием античности и интернациональной готики. The subject of this article is an ideal city in Italy of the Early Renaissance. Starting with the first decades of the 15th century the erecting a new buildings at cities, primarily in Florence which was at that time a very progressive part of Italy, could be seen as a tendency to realize a perfect city on the basis of humanistic conceptions. Even the real situation when medieval patterns of planning and building combined with Renaissance elements in Florence was interpreted from an idealized perspective: the social and political superiority of Florentine Republic seems interflowed with its perfect appearance. Despite the fact that a new type of the city as architectural and planning whole was not devised in Renaissance Italy, the model of an ideal city was being successfully developed there in Quattrocento treatises on architecture and vedutas. The author of this article examines the principles underlying the idea of such city with optimal potentialities for man to fulfill its predestination on Earth as it was presented concepts of humanism.

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.

scholarly journals Invisible victims of induced abortions in the kingdom of Yugoslavia in the 1930s

Temida ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 345-358
Author(s):  
Kristina Jorgic-Stepanovic
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Regulations ◽  
Political Position ◽  
The Social ◽  
The Press ◽  
Induced Abortions ◽  
The Subject ◽  
Kingdom Of Yugoslavia

The author gives a detailed analysis of the 1929 Criminal Code paragraphs that pertain to abortion. Analyzing the social indications, the paper also explains the methodological inability to determine the precise number of abortions performed during the 1930s. However, the subject of this paper is not solely an exploration of legal regulations on abortions, but rather the identification of the treatment of women in the Yugoslav Kingdom?s Criminal law from this point of view. Considering that the problem of induced abortions was approached from the existing conservative- patriarchal socio- political position, the press was often the key source for analyzing and documenting this problem. Precisely because of this fact, the paper presents an affair that revolved around the work of gynaecologist Pance Stojanovic in mid-summer 1936. This case showed the deep corruption of the Yugoslav society, but also the involvement of various representatives of power in this affair. It turned out that the patients were women from different backgrounds, but that girls and women from affluent families were far more numerous. Faced with the increasing number of fatalities following induced abortions, doctors at the 17th Congress of the Serbian Medical Association called for changes to the articles of the Yugoslav Criminal Code relating to abortion.

PSYCHOLOGICAL PECULIARITIES OF THE ARCHITECTURAL FORMATION OF DWELLING FOR STUDENTS

2019 ◽  
pp. 95-102
Author(s):  
Aleksey Popov
Keyword(s):  
College Students ◽  
Youth Development ◽  
Psychological Stress ◽  
Personal Space ◽  
Psychological Development ◽  
Psychological Characteristics ◽  
Functional Zoning ◽  
The Social ◽  
The Subject ◽  
Psychological Features

The existing dormitories seem to be excessively communized: they do not have any isolated emotional and psychological spaces that people need physically and psychologically for personal rest and reflection. Such an organization of residential premises of colleges does not meet many vital needs of students, as well as significantly reduces the learning effectiveness, which causes the relevance of this study. The article considers and summarizes the conclusions of modern psychologists concerning the interac-tion of students living in student dormitories. We analyzed the need for both communication and development, and solitude to rest from the social and psychological stress and for reflection. The problems of forming zones for various functional processes in an accommodation unit of student dormitories have been consid-ered due to the need to create a comfortable environment, optimally ensuring efficient basic scientific and educational activities of students, taking into account the psychological characteristics of youth development and issues of setting personal space and comfort zones by architectural means. Based on the analysis of the above features, we proposed schemes of functional zoning, recommended for use in student accommodation units. The objects of the study are buildings and their complexes designed for college students’ accommoda-tion. The subject is the formation of comfortable architectural solutions of student dwelling, corresponding to the specifics of students' psychological development and academic work. The purpose of the study is to develop proposals for the formation of the architecture of objects designed to accommodate students, taking into account their psychological features.

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