scholarly journals PECULIARITIES OF IMPROVEMENT OF NATIONAL LEGISLATION ON ADMINISTRATIVE RESPONSIBILITY

2021 ◽  
pp. 54-60
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Criminal Liability ◽  
Tort Law ◽  
Clear Understanding ◽  
National Legislation ◽  
Legal Nature ◽  
The Subject ◽  
The Law ◽  
Radical Revision ◽  
The Right ◽  
Administrative Responsibility

The article reveals the main directions of improving the national legislation on administrative responsibility. It has been established that the current administrative-tort legislation of Ukraine does not meet the needs of today, either in content or in form. Its norms require a radical revision, and the systematization of legislation on administrative responsibility is the only way to improve the work of legal entities empowered to bring individuals to administrative responsibility. The following problems of a theoretical and practical nature that impede the improvement of administrative tort law: 1) lack of a clear understanding of the legal nature of proceedings in cases of administrative offenses; 2) tendencies towards refusal from the synthesis of material and procedural norms in the codified normative legal act on administrative responsibility; 3) duplication in the administrative-tort legislation of ideas, principles and provisions that ensure the effectiveness of criminal liability; 4) artificial limitation in the legislation of the circle of persons to whom administrative penalties can be applied; 5) imperfection of the procedure for bringing a person to administrative responsibility; 6) ineffective and unreasonably extended system of administrative penalties; 7) an imperfect and ineffective system of bodies authorized to bring persons to administrative responsibility. It was argued that administrative responsibility is, in fact, a prompt reaction of the state or other authorized bodies to violations of the law, and therefore “simplified proceedings” should be widely used in addition to “ordinary proceedings”. However, over the years of Ukraine’s independence, “simplified proceedings” have gradually disappeared from the law enforcement activities of administrative and judicial bodies. It is emphasized that the specificity of administrative responsibility lies in the fact that the subject, who has the right to initiate an administrative offense case, is often the subject considering the case on the merits. Therefore, knowledge of the material part of administrative tort law helps such a subject to determine the preliminary qualification of an offense, and knowledge of its procedural part – to consider the case and impose on a person one of the types of administrative penalties. It has been proved that “simplified proceedings” should be the key procedural form of bringing persons to administrative responsibility. It is noted that the codification of administrative tort law is a painstaking and systematic work in which well-known scientists who have been working on the problem of administrative responsibility for many years should participate.

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.  

scholarly journals The protection of the preemptive rights of separate and pledge creditors in the case of sales of encumbered property by a direct agreement

2021 ◽  
Vol 38 (1) ◽  
pp. 1-12
Author(s):  
Marijana Dukić-Mijatović ◽  
Vladimir Kozar
Keyword(s):  
Purchase Price ◽  
Legal Practice ◽  
Damage Compensation ◽  
Legal Nature ◽  
Rules Of Procedure ◽  
The Subject ◽  
The Right ◽  
Secured Creditors

The article reviews the regulations of Republic of Serbia, domestic legal practice, as well as the opinions of jurisprudence on the exercise and protection of the preemptive rights of separate and pledge creditors in a bankruptcy proceedings. There has been clarified the legal nature of the preemptive right on the subject of the secured right or lien. There were also provided the details related to the significance of the right of a creditor to set off its secured claim with the purchase price, in the case of a creditor being the best bidder (credit bidding). The article aims to present the manner of exercise of preemptive rights in the case of the method of sales of encumbered property/assets by a direct agreement, as well as the legal instruments the secured creditors may use in the case of its violation. There have been analysed the rules of procedure per lawsuit for annulment of a sale due to the violation of the preemptive rights. The deadline for a lawsuit, the content of the lawsuit which protects the preemptive right as well as the damage compensation right were especially considered.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Guilty of using Google: Reconciling the right to a fair trial with the right to freedom of expression and addressing juror misconduct in the age of social media

2021 ◽  
Author(s):  
◽  
Emma Jane Smith
Keyword(s):  
Social Media ◽  
Legal System ◽  
Freedom Of Expression ◽  
Fair Trial ◽  
Communications Technology ◽  
Independent Research ◽  
The Subject ◽  
The Law ◽  
The Right

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>

scholarly journals Failure by Parents or Other Legal Representatives of Minors to Fulfill Their Obligations to Teach the Latter the Traffic Rules, to Foster a Responsible Attitude to Their Compliance, Expressed in the Admission of Driving Vehicles by Minors Who Do Not Have This Right, Which Caused Serious Consequences Due to Negligence

2020 ◽  
pp. 57-61
Author(s):  
Aleksei Viktorovich Ravnyushkin ◽  
Aleksandr Petrovich Nagorny
Keyword(s):  
Russian Federation ◽  
Motor Vehicle ◽  
Criminal Liability ◽  
Motor Vehicles ◽  
Administrative Punishment ◽  
Responsible Attitude ◽  
The Russian Federation ◽  
The Right ◽  
Traffic Rules ◽  
Administrative Responsibility

One of the most acute problems nowadays is the prob-lem of reducing not only the rate of accidents, but also the number of injuries and deaths on the roads. The in-crease in the number of minors injured in road acci-dents, including those driving motor vehicles, causes particular concern. It is stated that bringing individuals to administrative responsibility is possible for transfer-ring control of a motor vehicle to a person who knowing-ly does not have the right to drive a motor vehicle under Part 3 of Article 12.7 of the Code of Administrative Of-fences of the Russian Federation, and also for not taking measures to prevent repeated driving vehicles by mi-nors who do not have such right, under Part 1 of Article 5.35 of the Code of Administrative Offences of the Rus-sian Federation. However, administrative responsibility and measures of administrative punishment do not pre-vent serious socially dangerous consequences from driving motor vehicles by minors who do not have this right. The present study substantiates the need to estab-lish criminal liability for failure by parents to fulfill their obligations to educate and teach minors to observe traf-fic rules, which is expressed in letting minors drive mo-tor vehicles without having this right, which resulted in serious consequences due to negligence.

scholarly journals Feu la D.C.D. L'arrêt Miller et la peine de mort

2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Supreme Court Of Canada ◽  
Bill Of Rights ◽  
Right To Life ◽  
The Supreme Court ◽  
The Subject ◽  
The Law ◽  
The Right ◽  
First Time

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

Markesinis & Deakin's Tort Law

2019 ◽  
Author(s):  
Simon Deakin ◽  
Zoe Adams
Keyword(s):  
Deep Understanding ◽  
Tort Law ◽  
Economic Interests ◽  
Economic Context ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
Economic Perspectives ◽  
The Relationship ◽  
8Th Edition

Markesinis and Deakin’s Tort Law, now in its 8th edition, provides a general overview of the law and discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the book provides a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context, thereby giving students a deep understanding of tort law. The book is composed of eight parts. Part I starts by setting the scene, Part II looks at the tort of negligence. Part III turns to special forms of negligence. This is followed by Part IV which examines interference with the person. Part V turns to intentional interferences with economic interests. The next part looks at stricter forms of liability. Part VII examines the protection of human dignity which includes looking at defamation and injurious falsehood, and human privacy. The last part looks at defences and remedies.

Sexual Harassment Law in Israel*

2005 ◽  
Vol 7 (1-4) ◽  
pp. 315-336 ◽  
Author(s):  
Orit Kamir
Keyword(s):  
Sexual Harassment ◽  
Criminal Liability ◽  
Efficient Treatment ◽  
The Right To Privacy ◽  
Social Settings ◽  
Sexual Harassment Law ◽  
The Law ◽  
Actual Damage ◽  
The Right ◽  
Discriminatory Practice

The 1998 Israeli sexual harassment law prohibits sexual harassment as a discriminatory practice, a restriction of liberty, an offence to human dignity, a violation of every person's right to elementary respect, and an infringement of the right to privacy. Additionally, the law prohibits intimidation or retaliation that accommodates sexual harassment, referred to as ‘prejudicial treatment’. Sexual harassment and prejudicial treatment are each both a crime and a tort under the Israeli sexual harassment law. The law makes harassers, as well as persons involved in prejudicial treatment, potentially personally liable for either the crime or tort of sexual harassment, or both. The law awards punitive damages to victims1 of sexual harassment or prejudicial treatment — whether or not actual damage of any sort is claimed or proved. Sexual harassment and prejudicial treatment are prohibited in all social settings and contexts. In the workplace, an employer is vicariously liable for the civil consequences of sexual harassment or prejudicial treatment perpetrated by anyone in his or her employ. The employer's civil liability is in addition to the harasser's individual civil and criminal liability. In order to avoid liability, an employer must take all the measures prescribed by the sexual harassment law (including, inter alia , establishment of policy and serious, prompt and efficient treatment of a victim's complaint).

scholarly journals Draft Law on Criminal Misconduct given the German Experience of Legal Regulation

Lex Russica ◽  
2021 ◽  
pp. 133-141
Author(s):  
Ya. M. Ploshkina ◽  
L. V. Mayorova
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The paper considers the second attempt made by the Supreme Court of the Russian Federation in terms of introducing the concept of criminal misconduct into the Russian criminal and criminal procedure legislation, examines the goals of its introduction. The authors conclude that the introduction of a criminal offense in the draft law No. 1112019-7 will entail the need to review some approaches in Russian law: the legal nature of the crime, the ratio of a criminal offense with a minor act and an administrative offense, the elements of a crime with administrative prejudice, the principle of justice. It seems possible to achieve procedural effectiveness, reduce the burden on judges and protect the rights of victims without introducing a criminal offense within the existing criminal and criminal procedural mechanisms related to exemption from criminal liability and expansion of non-rehabilitating grounds for termination of a criminal case or criminal prosecution. It seems possible to use the already established categorization of crimes in relation to crimes of small and medium gravity. In terms of expanding the grounds for terminating a criminal case or criminal prosecution, it is appropriate to use the experience of the German legislator, which provides for the possibility of terminating criminal prosecution on grounds of expediency when the accused fulfills various duties and regulations assigned to him. In German criminal procedure law, the termination of criminal prosecution on grounds of expediency when assigning duties or prescriptions to the accused is the right of the relevant officials and bodies, and not their obligation, since in fact it is an alternative to criminal prosecution. This will allow it to be terminated at a certain stage in the case when there are all legal grounds for criminal prosecution.

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