scholarly journals Criminal law policy of countering animal cruelty:a comparative study

2021 ◽  
Vol 17 (4) ◽  
pp. 129-139
Author(s):  
Andrey Yu. Aseev ◽  
Elena I. Chekmezova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Western Europe ◽  
Criminal Liability ◽  
The United States ◽  
Animal Abuse ◽  
Effective Protection ◽  
Foreign Countries ◽  
The Subject

The subject of the research is the phenomenon of criminal law protection of animals from abuse. The purpose of the research is to provide likely analysis of the experience of establishing criminal liability for animal abuse in the post-Soviet countries, Western Europe and the United States. The methodological basis of the research consists of comparative legal, formal legal and systematic methods. In the course of the research, the specifics of the construction of criminal law norms providing for liability for animal abuse in foreign countries are determined. The focal points of the criminal law policy of countering animal cruelty in the sphere of criminalization of acts encroaching on public relations in the field of animal welfare are considered. The authors substantiate the possibility of assimilation into the Russian criminal law of a number of provisions of the criminal laws of foreign countries in terms of establishing liability for encroachment on the life of animals in order to ensure effective protection of social relations from negative development in the field of animal treatment.

scholarly journals GENESIS OF CRIMINAL LIABILITY AND THE PREVENTION OF CORRUPTION CRIMES IN UKRAINE

2020 ◽  
pp. 124-130
Author(s):  
A. V. Borovyk
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Historical Context ◽  
Strict Sense ◽  
Social Challenges ◽  
Complex Concept ◽  
The Past ◽  
Foreign Countries ◽  
Large Scope

This article presents a view on peculiarities of criminalization of acts of corruption (corrupt practices, offences) and on their prevention in Ukraine in different historical times. Besides, a personal variation of periodization of this practice has been introduced that allows performing the comparison of correspondent corruption phenomena in foreign countries with classification of genesis. It has been established that acts of corruption fixed in written sources have been developing during rather long time. In the criminal laws of state formations on the territory of Ukraine of past ages there were no direct indications on “corruption-related” crimes (offences), their list and specific types, and therefore, we define the most typical forms of their objectivization as “corruption expression”, “corruption practices”, “acts of corruption”, etc., which could have various forms of their external manifestation and which in different ages had various names (“sacrifice”, “offering gifts”, “palm greasing”, “bribability”, “sin”, “extortion”, “feeding”, “bribetaking”, “venality”, “bribery”, “favouritism”, etc.). If to speak about measures to prevent acts of corruption, it has to be mentioned that within a historical context they cannot be characterized by systemacity, large scope, correspondent levels, and other important features. Only in 2014 the concept of corruption-related crime was firstly introduced into the criminal law of Ukraine of 2001 as a consequence of implementation of provisions of correspondent international Anti-corruption Conventions of previous decades. Phenomenality of corruption crimes is tightly connected with the absence of any historical example of its complete liquidation both in a separate state and within separately determined chronological period. Corruption as one of the oldest phenomena in social relations has continuously been altered and modified throughout history and new forms of its expression have appeared due to complication of political and economic order. Taking into consideration the aforesaid, in order to have comprehensive understanding of modern issues of criminal liability and prevention of corruption-related crimes (corruption-related offences) in Ukraine, it is actual to appeal to an estimation of practice of the fight against various acts of corruption and their prevention in correspondent state formations of the past ages from the perspective of its optimality, reasonableness, and correlation with political, economic and social challenges of the life in those days. Besides, the comparison of periodization of criminal liability development and corruption-related crimes in Ukraine and in foreign countries would be of great importance as such investigations are practically non-existent. At the same time we understand that we may actually speak about criminal liability just for corruption-related crimes and their prevention (both on national and worldwide basis) in a strict sense taking into consideration only the last hundred years, that means the period, when the term “corruption” and its derived concepts have become steadily used in policy, regulatory legal acts, and legal literature, when international Anti-corruption Conventions have been adopted, basing on which the correspondent provisions in the criminal law of some specific countries have been approved and reformed thereafter, and also anti-corruption programs (laws) have been developed. However, the diverse corruption phenomena of the past (sacrifice, offering gifts, palm greasing, extortion, “feeding”, “bribetaking”, “venality”, bribery, etc.) have formed the basis for appearance of modern complex concept of “corruption-related crime (corruption-related criminal offence)”.

scholarly journals Comparative Legal Analysis of the Criminal Law Liability for Improper Performance of the Professional Duties

2017 ◽  
pp. 91-96
Author(s):  
Шухратжон Хайдаров ◽  
Shuhratzhon Haydarov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Analysis ◽  
Right To Life ◽  
Foreign Countries ◽  
Constitutional Right ◽  
Criminal Legislation ◽  
Constituent Elements ◽  
Important Constituent

On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.

scholarly journals Liability for Violation of Quarantine: Novelties of Administrative and Criminal Legislation

2020 ◽  
Vol 9 (2) ◽  
pp. 137-158
Author(s):  
Sergii Starodubov ◽  
Viktoriia Vladyshevska ◽  
Maryna Pyzhova
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Large Scale ◽  
Legal Regulation ◽  
Current State ◽  
Foreign Countries ◽  
Legislative Policy ◽  
The Subject ◽  
Criminal Legislation ◽  
Alternative Solutions

Public legislation has long failed to meet such large-scale challenges as the SARS-CoV-2 pandemic. In emergencies, to protect the lives and health of the population, it is necessary to promptly make decisions on the legal regulation of public relations that have developed due to the spread of Covid-19. For this purpose, the state has created legal mechanisms that are designed to ensure compliance with the rule of law and which need the scientific-legal assessment. The objective of the work is to analyze the novelties of administrative and criminal legislation, which regulate the liability for violation of quarantine. The object of research is the norms of administrative and criminal law. The subject of the study is public relations that have developed as a result of the introduction of quarantine and which are governed by administrative and criminal law. To achieve this goal, the situation in foreign countries was firstly analyzed; general patterns were identified; alternative solutions were proposed, with a minimum restriction of human rights and freedoms. Then, the novelties of the national legislation were studied in more detail; additional specific problems were identified; and a more balanced legislative policy was proposed. As a result of the study, the current state of legal regulation in the areas of administrative and criminal law related to quarantine violations was analyzed; the liability for such offenses was characterized; some conclusions regarding the existing related problems were made and options for their solution were proposed, as well as propositions for modernization of legislation were made.

scholarly journals ALTERNATIVE TO CRIMINAL PROSECUTION IN FOREIGN LAW

2018 ◽  
Vol 22 (2) ◽  
pp. 152-157
Author(s):  
A. V. Alexandrova
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Western Europe ◽  
The United States ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Procedural Law ◽  
Foreign Countries ◽  
Low Degree ◽  
Foreign Law

In this article, alternative methods of criminal prosecution are considered using the example of foreign countries. The Institute for the Exemption from Prosecution of the person who committed the crime is provided for in foreign legislation in criminal and criminal procedural law. There are many legal institutions serving as alternatives to criminal prosecution. Most of them are called upon to reconcile the conflicting parties - the victim and the perpetrator. Conflict resolution entails the termination of prosecution, which is possible both at the pre-trial stage and after the start of the trial. As a rule, the use of such alternatives is allowed in cases of crimes with a low degree of public danger, and in the event that the consequences of such acts can be eliminated or material damage is compensated. Law enforcers in foreign countries most often refer to the following measures, which are alternatives to criminal prosecution: mediation, payment of a fine, transaction and refusal of criminal prosecution in view of its inexpediency. It seems that there are several options for classifying foreign countries depending on the institutions that are characteristic for them, allowing legitimate avoidance of criminal prosecution. The existence of a variety of alternatives to criminal prosecution, as well as conciliation procedures in the legislation of some countries of Western Europe and the United States are aimed at maintaining a reasonable balance between the punitive potential of criminal law and incentive standards, which is expressed in the ban on the refusal to prosecute certain categories of crimes, including on those where there is a public interest. The application of alternatives to criminal prosecution makes it possible to exclude the consequences of criminal acts outside procedural ways, to find the best means of combating crime, and to facilitate the resocialization of the perpetrators of the crime.

scholarly journals The environment as an object of criminal law protection: problems of definition and legislative regulation

2021 ◽  
Vol 295 ◽  
pp. 04003
Author(s):  
Olga Yakovleva
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Social Relations ◽  
Criminal Law ◽  
Environmental Safety ◽  
State Ownership ◽  
Legislative Regulation ◽  
The Subject ◽  
Definition Of ◽  
Environmental Crimes

The article is devoted to the study of the problems of definition and legislative regulation of the environment as an object of criminal law protection. The correct legislative regulation and the definition of the object and subject of the crime in the criminal law standard contribute to the correct labeling process. In the legal literature, there is no consensus on the definition of the object of environmental crimes. Some believe that the object of this group of crimes is the order of use of natural resources or social relations related to their economic exploitation; others believe that the relations of state ownership, which are expressed in natural resources; finally, the object of this group of crimes is directly the natural resources themselves or the entire environment. Taking into account the legislative regulation of norms united by generic and species groups and the scientific and theoretical definition of the direct object of the crime, we believe that the object of environmental crimes is public relations for the protection of the environment, the preservation of favorable natural conditions for nature, living beings and ensuring a sufficient level of environmental safety. In this context, a favorable environment should be considered as an environment whose quality ensures the safety of the natural environment functioning and other objects. The subject of crime in the science of criminal law makes it possible to solve many important issues from a practical point of view since it is characterized by relative criminal-legal independence: to distinguish between general and special elements of crimes; the subject of the crime allows you to reveal the nature and extent of the damage that was caused by the crime, as well as to identify the relationship between the criminal act and the consequences that occurred.

scholarly journals The essence of the object of criminal law protection the structures of dopping crimes

2021 ◽  
Vol 17 (2) ◽  
pp. 23-30
Author(s):  
Daria V. Titlova
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Synthesis System ◽  
Scientific Methods ◽  
Medical Products ◽  
General Scientific ◽  
The Will ◽  
The Subject

The subject of the scientific research is social relations, arising in the process of preparation and participation of the athlete in competitions at the international, Russian and regional levels. The purpose of the research identify the limits of criminal legal protection of social relations in the sphere of sports, related to the consumption of medical products of stimulating and other effects on the human body. Methods and objects of research. The presented work uses general scientific and private scientific methods of cognition, the main of which is: dialectical, formal logical, analysis, synthesis, system-structuraland etс. The object of the research is represented by a complex of relations in the field of sports, the peculiarities of establishing prohibition on the consumption of doping drugs, as well as criminal liability for its violation. The results and conclusions of the research are boils down to the need for systematization and meaningful correction of criminal law norms on liability for declination of the victim to consume drugs that have a stimulating and other effect, and using these drugs against or besides the will of the athlete-victim.

scholarly journals Models of legal regulation of sales of personal weapons in foreign countries (on the example of the United States, Germany, and Japan)

2020 ◽  
pp. 39-51
Author(s):  
Oleg Ivanovich Beketov ◽  
Aleksei Davidovich Maile ◽  
Ol'ga Sergeevna Goman ◽  
Vadim Igorevich Surgutskov
Keyword(s):  
United States ◽  
Social Relations ◽  
Social Issues ◽  
The United States ◽  
Legal Regulation ◽  
Historical Experience ◽  
Current State ◽  
Foreign Countries ◽  
The Social ◽  
The Subject

The object of this research is the social relations established with regards to the sales of personal weapon in the United States, Japan, and Germany. The subject of this research is the legislation of the aforementioned countries, which regulates the sales of weapon for civilian population. The key goal lies in elaboration of the models of legal regulation of the sales of personal weapons based on the analysis of normative legal acts. The article reveals the peculiarities of establishment, development, and current state of legal regulation of sales of personal weapons abroad using the example of three countries – United States, Germany, and Japan. The scientific novelty of the conducted research consists in description of the three contrasting models of legal regulation of sales of personal weapons: liberal-permissive, prohibitory-paternalistic, and combinatory. The conclusion is made that the choice of the method of legal regulation of sales of personal weapons depends on the objective factors the country exists in, namely: social, political, cultural, ideological, religious, as well as historical experience of the country, regulation of domestic social issues, population mentality, presence or absence of the “war status”. There is yet no universal model for regulation of the sales of personal weapon. Most efficient implementation of the indicated models is possible only in case of the balanced consideration of all objective actors for each particular country.

scholarly journals Grounds for finding a legal entity to be the subject of criminal liability for corruption crimes

2020 ◽  
pp. 92-104
Author(s):  
Zhanatbek Nurlanovich Sheirenov
Keyword(s):  
Criminal Law ◽  
Field Experience ◽  
Criminal Liability ◽  
Tort Law ◽  
Legal Entity ◽  
National Legislation ◽  
Vicarious Liability ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Subject

The object of this research is the question of criminal liability of a legal entity for corruption crimes. The subject of this research is the theoretical views of the scholars upon legal nature of a legal entity, as well as the experience of foreign countries in which legal entity is a subject of criminal liability. The author explores the field experience of foreign countries, in which legislation establishes the institution of collective liability for socially dangerous acts committed by private entities. The article also analyzes different perspectives of Russian scholars upon the nature of collective institution and its vicarious liability for the acts of private entities. The scientific novelty consists in turning attention to the fundamentals of the theory and other branches of law, in which a legal entity is full subject of legal relations, and along with the rights and responsibilities, possesses a tort law’s capacity. It is concluded that legal entity has all essential characteristics of the subject of law for its recognition as a subject of criminal liability. The author also notes the effectiveness and necessity of the institution of legal liability of a legal entity in the national legislation as a productive criminal law instrument for countering corruption.  

Anne O. Krueger, Constantine Michalopoulos and Vernon W. Ruttan. Aid and Development. Baltimore: The Johns Hopkins University Press. 1989. xiv + 386 pp.Price: U.S. $ 52.00

1991 ◽  
Vol 30 (2) ◽  
pp. 213-217
Author(s):  
Mir Annice Mahmood
Keyword(s):  
United States ◽  
Economic Development ◽  
International Development ◽  
Western Europe ◽  
Development Assistance ◽  
The United States ◽  
Social Infrastructure ◽  
Low Literacy ◽  
The Subject ◽  
The Impact

Foreign aid has been the subject of much examination and research ever since it entered the economic armamentarium approximately 45 years ago. This was the time when the Second World War had successfully ended for the Allies in the defeat of Germany and Japan. However, a new enemy, the Soviet Union, had materialized at the end of the conflict. To counter the threat from the East, the United States undertook the implementation of the Marshal Plan, which was extremely successful in rebuilding and revitalizing a shattered Western Europe. Aid had made its impact. The book under review is by three well-known economists and is the outcome of a study sponsored by the Department of State and the United States Agency for International Development. The major objective of this study was to evaluate the impact of assistance, i.e., aid, on economic development. This evaluation however, was to be based on the existing literature on the subject. The book has five major parts: Part One deals with development thought and development assistance; Part Two looks at the relationship between donors and recipients; Part Three evaluates the use of aid by sector; Part Four presents country case-studies; and Part Five synthesizes the lessons from development assistance. Part One of the book is very informative in that it summarises very concisely the theoretical underpinnings of the aid process. In the beginning, aid was thought to be the answer to underdevelopment which could be achieved by a transfer of capital from the rich to the poor. This approach, however, did not succeed as it was simplistic. Capital transfers were not sufficient in themselves to bring about development, as research in this area came to reveal. The development process is a complicated one, with inputs from all sectors of the economy. Thus, it came to be recognized that factors such as low literacy rates, poor health facilities, and lack of social infrastructure are also responsible for economic backwardness. Part One of the book, therefore, sums up appropriately the various trends in development thought. This is important because the book deals primarily with the issue of the effectiveness of aid as a catalyst to further economic development.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

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