scholarly journals CONCEPTIONS OF SELF-DEFENSE IN THE CRIMINAL LAW OF THE RUSSIA AND THE UNITED STATES

2019 ◽  
Vol 7 (6) ◽  
pp. 652-656
Author(s):  
Maria V. Talan ◽  
Oleg N. Dunin

Purpose: This article is devoted to the analysis of the concepts of self-defense in the criminal law of Russia and the USA. The Russian Federation has developed a negative law enforcement practice in the field of implementation of the norms on necessary defense. Persons protecting themselves and their loved ones from criminals and causing harm to criminals who commit an attack are often prosecuted for violating the principle of proportionality of defense and attack, which under current law qualifies as exceeding the limits of necessary defense. Methodology: In the United States, criminal law provides citizens with ample opportunity to take defensive actions against criminal attacks. The basic doctrinal provisions of the institution of self-defense in the legal systems of Russia and the USA are considered. Under Russian criminal law, with the help of the institute of necessary defense, less specific rights are protected. Result: This leaves a wide scope for interpretation; law enforcement officials interpret the necessary defense in a limited way, not in the interests of the defenders. Implications/Applications: US criminal law proceeds from opposing assumptions, with the help of legitimate self-defense, not abstract rights are protected, but specific benefits: life, health, sexual integrity, the inviolability of the home; which allows for an unambiguous interpretation in the interests of defenders. Novelty/Originality: The article formulated proposals for the reception of the provisions of American criminal law into Russian law.as a result of which the criminal law should casually fix situations in which the necessity defense is possible and stipulates its limits.

2021 ◽  
Vol 1 (10) ◽  
pp. 149-166
Author(s):  
Dmitry V. Gordienko ◽  

The paper examines the interests of Russia, the United States and China in the regions of the world and identifies the priorities of Russia's activities in Europe, Central Asia and the Caucasus, the Asia-Pacific region, the Arctic, Africa, the Middle East and Latin America, their comparative assessment with the interests of the United States and China. An approach to assessing the impact of possible consequences of the activities of the United States and China on the realization of Russia's interests is proposed. This makes it possible to identify the priorities of the policy of the Russian Federation in various regions of the world. The results of the analysis can be used to substantiate recommendations to the military-political leadership of our country. It is concluded that the discrepancy between the interests of the United States and China is important for the implementation of the current economic and military policy of the Russian Federation.


2021 ◽  
Author(s):  
Vladislav Antonov

The textbook examines the theoretical aspects of the qualification of crimes, highlights the problems of practical application of the norms and institutions of criminal legislation. The paper analyzes the concepts and categories of criminal law, reveals the organizational and methodological aspects of the legal assessment of criminal encroachments. When preparing the manual, materials of judicial and investigative practice, guiding explanations of the Plenum of the Supreme Court of the USSR, the Russian Federation were used. The manual is addressed to law enforcement officials, lawyers, investigators, law students and anyone interested in the qualification of crimes.


10.12737/1822 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 113-123
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev

The article describes the application of criminal law in the United States to persons who commit crimes during or immediately before of the bankruptcy, initiated into the United States. The focus is on the judicial interpretation of legislative criteria bankruptcy fraud.


Author(s):  
Anatoliy Khudoliy

The article deals with the policy of the United States of America, Peoples’ Republic of China (PRC) and the Russian Federation in the Asia-Pacific Region. Leadership ambitions of the countries became evident in political, economic, military, technological and space spheres especially over the last few years. The purpose of the article is to analyze American-Chinese and Russian-Chinese relationships in the Asia-Pacific and identify reasons for their foreign policy course. Both countries, China and the USA are eager to play leader’s part in the regional politics. The relationships between the PRC and the United States significantly deteriorated, especially during D. Trump presidency. The author draws attention to the US policy and its attempts to strengthen its own positions in the region as well as to China’s economic activity reflected in transport projects, for instance – One Belt, One Road initiative, perceived by Washington as a challenge to its leader’s position. Tensions between two countries increased due to aggressive regional policy of China which claimed sovereignty over few small islands in the South China Sea. Beijing and Washington compete for leadership in the sphere of technology where China is ahead of the USA.


2018 ◽  
Vol 5 (2) ◽  
pp. 217
Author(s):  
Andri Winjaya Laksana

Cybercrime has been become a major portion for law enforcement agencies and intelligence services to both national and international matter, development of information and technology’s crime resulted in every country have a different policy of criminalization. The emphasis on cross-country has made a crime on the internet is not just a national issue, but has become an International problem. therefore it is important to have uniformity in the prevention of cybercrime that this crime can be solved. Based on the comparison of cybercrime that included the rules from various countries including the United States, Singapore, the Netherlands, the Philippines, Myanmar as a reference in the application of criminal law enforcement regulations regarding cybercrime seal the document.


2020 ◽  
Vol 7 (4) ◽  
pp. p119
Author(s):  
Ansia Storm

Purpose—The purpose of this paper was to compare three first-world countries’ law enforcement agencies to those of South Africa. The aim was to identify areas where South Africa’s agencies can improve to take the fighting of corruption to a higher level, and in doing so, improve their ranking on Transparency International’s scale, and their Corruption Perception Index.Design/methodology/approach—The author compared South Africa’s law enforcement agencies to those of the United States, the United Kingdom, and Australia to identify possible areas where South Africa’s agencies can improve.Findings—The results indicate preliminary support for areas in South Africa’s law enforcement agencies that need restructuring and improvement.Practical implications—Improved law enforcement agencies will assist in the fight against corruption, improving South Africa’s corruption perception index (among others), which might encourage foreign investment.Originality/value—The results of this study point to opportunities to strengthen law enforcement agencies in South Africa, which will result in improved crime-fighting abilities, higher prosecution rates, and improved crime statistics.Research limitations—Law enforcement agencies (which deals with corruption in general) from the USA, the U.K., and Australia will be explored and compared with those of South Africa.


2021 ◽  
Author(s):  
Vladimir Duyunov

The monograph continues the study of the phenomenon of criminal law as a purposeful special state activity carried out in the order of the state's reaction to criminal behavior and crime. Proceeding from the key value of goal-setting and the goals of activities in the field of combating crime, the author attempted an in-depth study of this problem through the prism of the goals of the state policy of combating crime, the goals of criminal law impact, an analysis of the debatable problem of punishment and the problem of goal-setting in the criminal legislation of the Russian Federation. The monograph is intended for students, graduate students, researchers, teachers of law schools, law enforcement officials and all persons interested in the problems of criminal law.


2021 ◽  
Vol 2 (4) ◽  
pp. 102-117
Author(s):  
D. V. GORDIENKO ◽  

The paper analyzes the prospects of economic cooperation between the Russian Federation and the People's Republic of China, the Russian Federation and the United States in the context of economic relations of this strategic triangle. An approach is proposed to analyze the prospects for cooperation between Russia and China in the framework of global integration projects, as well as trade and investment cooperation between Russia and the United States. These relationships determine the interdependence of the national economies of these countries. An attempt is made to forecast the development of economic relations between the countries of the strategic triangle. The results of the work can be used to justify recommendations to the leadership of our country.


2021 ◽  
Vol 1 (12) ◽  
pp. 120-139
Author(s):  
Dmitry V. Gordienko ◽  

The paper examines the interests of Russia, the United States and China in the regions of the world and identifies Russia's priorities in Europe, Central Asia and the Caucasus, the Asia-Pacific region, the Arctic, Africa, the Middle East and Latin America, as well as a comparative assessment with the interests of the United States and China. The results of the study can be used to substantiate recommendations to the military-political leadership of our country. It is concluded that the discrepancy between the interests of the United States and China with the interests of Russia is important for the implementation of the current economic and military policy of the Russian Federation.


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