scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals Incomplete crime as an object of humanization of the Russian criminal legislation

2021 ◽  
Vol 5 (1) ◽  
pp. 173-184
Author(s):  
V. F. Lapshin ◽  
R. V. Kilimbaev
Keyword(s):  
Criminal Law ◽  
Statistical Data ◽  
Criminal Policy ◽  
Criminal Code ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
General Part ◽  
Criminal Legislation

The subject. The article is devoted to the problems of simultaneous harmonization between the policy of humanization of the Russian criminal law and the reduction of the crime rate in society. The institute of incomplete crime is proposed as one of the promising areas of humanization of criminal legislation. The authors analyze the norms of the Russian Criminal Code which determine the essence of an incomplete crime, as well as the specifics of imposing punishment for its commission. The subject of the research also includes the strategic provisions of the Russian legislation, which reflect the main directions of the implementation of contemporary criminal policy, its goal and objectives. The purpose of the article is to confirm or dispute hypothesis that it is inadmissible to criminalize the actions committed at the stage of preparation for the commission of an intentional crime, as well as it is admissible to mitigate the liability for attempted crime. Research methodology and techniques are represented by a number of general scientific and specific scientific methods of cognition, used primarily in humanitarian research. The establishment of regularities between the growth of crime rates and the degree of criminalization, determined in the current criminal legislation, is ensured by the use of the dialectical method of cognition. The methods of analysis and synthesis were used to compare statistical data on the state of crime in Russia and the dynamics of the number of convicts serving imprisonment. Various methods of formal logic were applied in the process of evaluating measures aimed at ensuring the humanization of modern Russian criminal legislation. The method of comparative legal research was used to study the content of the norms on responsibility for an incomplete crime. The result of the study is proof of the necessity to decriminalize actions that are currently defined as "preparation for the commission of a grave or especially grave crime." The necessity of a significant reduction in the degree of punitive criminal-legal impact on persons found guilty of an attempt to commit an intentional crime has been substantiated. Conclusions. It as expedient to partially decriminalize an incomplete crime and exclude this institution from the General Part of the Russian Criminal Code. This decision fully complies with the fundamental principles of criminal law: legality, guilt, justice, and will also ensure the effectiveness of the implementation of the modern policy of humanizing Russian criminal legislation.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

scholarly journals FEATURES OF CRIMINAL LIABILITY OF A MEDICAL PROFESSIONAL FOR FAILURE TO PERFORM OR IMPROPER PERFORMANCE OF THEIR PROFESSIONAL DUTIES IN UKRAINE

2020 ◽  
Vol 73 (11) ◽  
pp. 2549-2554
Author(s):  
Olha S. Bondarenko ◽  
Oleg М. Reznik ◽  
Mykhailo O. Dumchikov ◽  
Nadiia S. Horobets
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Medical Professional ◽  
Medical Worker ◽  
Scientific Methods ◽  
Special Scientific ◽  
Research Goal ◽  
General Scientific

The aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker.That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.

scholarly journals Criminal law protection of certain principles of the budgetary system of the Russian Federation

2021 ◽  
pp. 60-69
Author(s):  
Artem Aleksandrovich Pastushenko ◽  
Elena Yuryevna Antonova
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Case Law ◽  
Criminal Code ◽  
Inappropriate Use ◽  
The Subject ◽  
The Russian Federation ◽  
Criminal Legislation

The subject of this research is the criminal law guarantees for the implementation of the principles of appropriate and targeted spending of budgetary resources as an element of ensuring national security of the Russian Federation. The author conducts the assessment of normative and law-enforcement material that determines the legal essence of the indicated principles of budgetary system of the Russian Federation. The article explores case law of implementation of certain norms of criminal legislation of the Russian Federation associated with contravention of the principle of appropriate use of budgetary allocations. This article is first to juxtapose the measures of criminal law protection of the principles of appropriate and targeted spending of budgetary resources. Based on the acquired results, the current position on the absence of penalties for the inappropriate use of budgetary allocations is being disputed. The conducted comparative analysis of the measures of criminal responsibility reveals large disparity with regards to protection of the two key principles of budgetary system of the Russian Federation. The author also established the presence of criminal elements that carry out preclusive function, which narrows down the capabilities of criminal law of the Russian Federation. The article offers an optimal and effective method for eliminating this problem and improving protective capabilities of the Criminal Code of the Russian Federation, including the tasks of ensuring national security.

Features of compulsory medical measures connected with the execution of punishment

2019 ◽  
pp. 9-15
Author(s):  
Александра Викторовна Васеловская
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Main Task ◽  
Compulsory Treatment ◽  
Simultaneous Application ◽  
Scientific Methods ◽  
Logical Language ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Принудительные меры медицинского характера могут быть назначены лицу не только в качестве самостоятельной меры уголовно-правового характера, но и наряду с наказанием. Соединение принудительного лечения с отбыванием наказания имеет свои особенности, ставшие предметом рассмотрения в настоящей статье. Основной задачей автора в рамках заявленного предмета было проведение критического анализа положений уголовного закона, регулирующих применение принудительных мер медицинского характера, соединенных с исполнением наказания. Использованы как общенаучные (анализ, синтез, аналогия), так и частно-научные методы исследования (формально-юридический, логико-языковой, метод сравнительного правоведения). Исследование показало, что на сегодняшний день применение принудительных мер медицинского характера наряду с наказанием обнаруживает ряд проблем практического характера. К их числу могут быть отнесены невозможность изменения вида принудительного лечения, соединенного с исполнением наказания, одновременное применение к одному и тому же лицу нескольких видов принудительного лечения, определение срока, на который назначается данный вид принудительных мер. Автор критически относится к существующей позиции об ограниченности срока применения принудительного лечения временем отбывания наказания. В основу определения срока лечения должны быть заложены медицинские критерии, отражающие динамику состояния здоровья лица, к которому применяются рассматриваемые меры. В статье обосновывается позиция, согласно которой принудительные меры медицинского характера, соединенные с исполнением наказания, представляют собой некарательную форму реализации уголовной ответственности. Compulsory medical measures can be assigned to a person not only as an independent law measure, but also along with punishment. The combination of compulsory treatment with punishment has features that have become the subject of this article. The main task of the author in writing the article in the framework of the claimed subject was to conduct a critical analysis of the provisions of the Criminal Code governing the use of compulsory medical measures connected with the execution of punishment. In the process of work on the article there were used both general scientific methods (analysis, synthesis, analogy) and private scientific methods (formal-legal, logical-language, the method of comparative law). The study showed that today, the use of compulsory medical measures, connected with the execution of punishment, reveals practical problems. These include the impossibility of changing the type of compulsory treatment, combined with the execution of punishment, the simultaneous application to the same person of several types of compulsory treatment, the definition of the period for which this type of compulsory measures is assigned. The author criticizes the position that the period of compulsory treatment should be limited by the time of serving the sentence. According to the author, the basis for determining the period of treatment should be based on medical criteria that reflect the dynamics of the state of health of the person to whom the measures are applied. The article substantiates the position according to which compulsory medical measures, combined with the execution of punishment, constitute a non-punitive form of criminal responsibility.

PHARMACEUTICAL LAW: CRIMINAL ASPECTS

2021 ◽  
Vol 14 (6) ◽  
pp. 203-209
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Criminal Law ◽  
Raw Materials ◽  
Active Phase ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scope Of Application ◽  
General Scientific ◽  
Criminal Legislation

The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.

scholarly journals The science of encyclopedia of law in the works of German philosopher and jurist Heinrich Ahrens

2020 ◽  
pp. 148-158
Author(s):  
Oleg Konstantinovich Slobozhaninov
Keyword(s):  
Legal Concept ◽  
Scientific Methods ◽  
Organic Unity ◽  
Legal Science ◽  
Comprehensive Examination ◽  
German Philosopher ◽  
General Scientific ◽  
The Subject ◽  
Historical Comparative ◽  
The Concept Of Law

The subject of this research is the identification of legal views of the German philosopher and jurist Heinrich Ahrens. The source base is comprised of the scientific works of G. Ahrens and other legal scholars. The historical-legal science does not pay sufficient attention to the ideas and persona of Heinrich Ahrens. He was famous during his lifetime, but almost forgotten afterwards. The Russian legal science lacks a monographic research of the political-legal concept of H. Ahrens. Methodological framework consists of the general scientific methods: systemic, logical, historical, comparative; as well as special methods: historical-legal, comparative-legal, formal-legal, and portrait-biographical. The scientific novelty is defined by the subject and methods of research. The central idea of Heinrich Ahrens’ encyclopedia of law is the interpretation of the science of law in its organic unity. The author examines the concept of law and system of law in the scholar’s perception; as well as underlines the prominent figure of H. Ahrens who contributed to development to the science of encyclopedia of law. The scientific works of Heinrich Ahrens have not been previously subjected to systemic and comprehensive examination, while the proposed ideas and concept remain relevant until the present.

scholarly journals Careless crime: state, dynamics, measures of general and special counteraction

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Specific Weight ◽  
The State ◽  
Scientific Methods ◽  
General Scientific ◽  
Scientific Substantiation ◽  
Criminal Legislation ◽  
Legislative Processes

The subject of the study is careless crime, taking into account the implemented national criminal law policy. The aim of the study is to investigate the scientific understanding, content and types of careless crime. Attention is focused on the state, dynamics of careless crime, measures of General and special counteraction to the specified social and legal phenomenon. The methodological basis of counteraction measures is formed by a set of General scientific and private scientific methods, which allowed to investigate the process of novelization of criminal legislation and its implementation at the law enforcement level. The main results of the study reflect the problems of prevention, prevention, General and special counteraction to careless crime, affecting the effectiveness of the implementation of the mechanism of criminal law regulation of social relations associated with crimes committed by carelessness or negligence. Conclusions concerning types of careless crime, its specific weight, the personality of the careless criminal, including scientific substantiation of the General and special counteraction measures are formulated. The scientific and practical validity of legislative processes is noted as the defining problem. The problems of implementation of the criminal law in the context of increasing rates of careless crime, actualizing the practice-oriented measures of counteraction, based on the state, structure, dynamics of the development of this social and legal phenomenon. Attention is focused on strengthening the sanctions of criminal law norms regulating increased responsibility for certain types of careless crimes, which in fact do not affect the reduction of criminal tension in the sphere of careless crime. The problematic issues of improving the quality of the criminal law and other normative legal acts providing prevention, prevention and counteraction to careless crimes are revealed. The focus is on improving the quality of activities of state authorities, self-government bodies and civil society institutions, increasing the level of control.

scholarly journals Notes as a method of legislative technique and their importance for regulation of the institution of conviction record

2021 ◽  
pp. 36-49
Author(s):  
Mariya Andreevna Malimonova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Case Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

The subject of this research is the criminal law provisions on notes as a component of legislative technique and their importance for achieving such goals. The author explores the existing approaches towards the definition of the concept and essence of notes, as well as their classification. Special attention is given to the only note from the General Part of the Criminal Code of the Russian Federation – note to Article 73, which pertains to the institution of conviction record. The goal of this work is to determine the essence and importance of the note for the development of criminal law norms dedicated to the institution of conviction record. The methodological framework of this research is comprised on the general scientific methods (analysis, synthesis, comparison), formal-legal and systematic methods, as well as the relevant case law. As a result, the author formulates the definition of the concept of notes, indicates its correlation with the criminal law norm, lists the basic types of notes used in criminal law, and describes their role. The analysis of the provisions of the Article 73 of the Criminal Code of the Russian Federation and the notes to the Article 73 revealed the new problems in legislative regulation of suspended sentence and conviction records, which prompted the author to explore these issues and offer solutions. Clarification is given to the definition of “convicts” provided in the Paragraphs “a” and “a.1” of the Part 1 of the Article 73 of the Criminal Code of the Russian Federation. Substantiation is given to the role of convict record as a separate circumstance that prevents imposition of suspended sentence. The author indicates the fact of various interpretation of the concept of “crimes against sexual integrity of minors” mentioned in the note to the Article 73 of the Criminal Code of the Russian Federation and in the construct of the qualifying element for a number of offences of the Article 18 of the Criminal Code of the Russian Federation, as well as substantiates inexpediency of unification of this definition. The scientific novelty consists in proposing the new wording for the purposes of the Article 18 of the Criminal Code of the Russian Federation, which the author believes should be enshrined in the new note to the Article 131 of the Criminal Code of the Russian Federation.

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.

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