scholarly journals Fakty oraz ich ocena jako przedmiot materialnoprawnych domniemań w procesie karnym

2018 ◽  
Vol 114 ◽  
pp. 77-94
Author(s):  
Jacek Giezek
Keyword(s):  
Criminal Responsibility ◽  
Fundamental Problem ◽  
Presumption Of Innocence ◽  
Legal Basis ◽  
Constitutional Principle ◽  
Diffi Cult ◽  
The Subject ◽  
Normative Criteria

FACTS AND THEIR ASSESSMENT AS THE SUBJECT OF THE SUBSTANTIVE PRESUMPTION IN THE CRIMINAL TRIALThe fundamental problem of the article can be expressed in two sequentially asked questions, namely — firstly — whether the subject of substantive presumption may be not only facts, but also assessments formulated on their basis, and — secondly — whether in the case of limiting the essence of presumptions exclusively to facts, it would be possible to include into the presumptions these elements of the dogmatic structure of crime, the occurrence of which requires, first and foremost, a series of normative assessments based on normative criteria. It is diffi cult to imagine a situation in which a subject reconstructing reality would make the subject of presumption, and therefore only “guess” that he values its elements. It would have to mean that the court must use a presumption to assess whether the realization of the signs of a prohibited act was socially harmful, unlawful and culpable. A constitutional principle of the presumption of innocence, according to which the accused should be regarded as innocent until his guilt is proved and confi rmed by a valid sentence, does not authorize to conclude that the evidence emerging from successively collected evidence indicates innocence, but it only means that before the fi nal termination of the proceedings, there is no factual and legal basis for verifying the fault and bringing to criminal responsibility.

scholarly journals Pozaustawowy kontratyp działania w ramach uprawnień wynikających z prawa do obrony w kontekście nowelizacji art. 233 §1 Kodeksu karnego

2021 ◽  
Vol 28 (2) ◽  
pp. 91-123
Author(s):  
Dominika Lapawa
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Basis ◽  
Constitutional Principle ◽  
Division Of Powers ◽  
The Supreme Court ◽  
The Subject ◽  
The Right ◽  
Constituent Elements ◽  
Domestic Law

The work is devoted to the non-statutory justification of action in the scope of the right to defence, whose purpose was the exclusion of criminal responsibility for giving false testimony by a witness – the actual perpetrator – in his or her case. It was emphasised that the defence which heretofore resulted from Art. 182 and 183 kk was insufficient for the witness. One discussed inter alia the legal basis of the justification, its constituent elements, one indicated the  controversies which were caused by the concept of justification, and which to a great extent were associated with the violation, by the Supreme Court, of the constitutional principle of the tripartite division of powers and with the substantive and temporal limits of the right to defence which result both from the norms of international and domestic law. One indicated the position of the representatives of the doctrine as to the concept of justification. Scholarship on the subject, even though it did not take a uniform stand in reference to the problem in question, basically discerned the necessity of the improvement of the situation of the witness – the actual perpetrator, who, testifying in his or her own case, would run the risk of self-incrimination. The considerations of the doctrine resulted in numerous alternative propositions de lege ferenda. In the work, one suggests to seek such a solution in the substantive approach to the nemo se ipsum accusare tenetur rule. Then it was emphasised that the problem of justification once again became the subject of discussion owing to the amendment issued on 11 March 2016 about the modification of the act of law – The Code of Criminal Procedure and certain other acts of law Art. 233 §1a kk. At that time one penalised the behaviour of a witness, who in fear of criminal liability to be faced by the witness or his relatives gives false testimony or conceals the truth. For the sake of recapitulation, one indicated that the amendment which was described above rendered the justification in question invalid, and the perpetrator who is heard in a court of law as a witness continues de lege lata to be entitled to use the right to refuse to answer the question from Art. 183 §1 kpk. One emphasised that the doctrine recurrently discerned the shortcomings of defence which result from Art. 183 §1 kpk. Above all the institution from Art. 183 §1 kpk was not intended for a witness – the actual perpetrator. Therefore, in the article, in order to realise the warranty nature of the entitlement in question one suggests that this admonishment should be rendered obligatory, so that every witness would be aware that the right exists and that he or she may exercise it.

scholarly journals VIOLENCE AS A GENERAL CATEGORY OF PART OF TEACHING ABOUT CIRCUMSTANCES EXCLUDING THE CRIME ACTS

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Historical Analysis ◽  
General Category ◽  
Legal Basis ◽  
Criminal Violence ◽  
The Subject ◽  
General Part ◽  
The Right

The article gives the author’s definition of the concept of criminal violence and analyses its main types: physical and mental. The problems of the criminal law assessment of violence are considered as a sign of certain circumstances precluding the criminality of the act. The attention is focused on the fact that violence is an important category of teaching about the circumstances precluding the criminality of an act. It emphasizes that: violence acts as a legal basis for the existence of such circumstances; its existence gives the right to "unlimited" defence; it serves as the basis for bringing to criminal responsibility persons who have exceeded the limits of causing necessary and sufficient harm. The author draws attention to the importance of the criminal law assessment of subjective signs of violence. It is indicated that they are: the intent, purpose and motivation (motives) of committing actions. The sole purpose of such actions should be the goal of stopping unlawful acts and eliminating the danger. In the article, motivation is considered as a set of motives of actions similar in nature and content. It can be hostile, instrumental, negativistic and mixed. Establishing the type of motivation significantly affects the qualification of actions and the responsibility of the perpetrators. It is pointed out that crimes that are committed when the limits are exceeded, which are determined by the rules on circumstances precluding criminality, are related to the so-called “impulsive” crimes that are often committed in a state of emotional agitation (affect). This significantly affects the qualification of actions of the perpetrators, and in some cases leads to the release of the latter from criminal responsibility. Methods. When writing the article, the dialectical method, the methods of logical and historical analysis were used. They allowed analysing the existing criminal legislation and its historical development in the relevant field. Such a sociological method, such as the study of documents, makes it possible to back up the findings with the results of a study of judicial practice materials on the subject matter under investigation. Results and conclusions. Criminal violence in the General part of the doctrine of circumstances precluding the criminality of an act has the following meaning: it is an important category not only of the Special, but also of the General part of the legislation on criminal liability; is a category of teaching circumstances that exclude the criminality of the act; significantly affects the qualification of actions of the perpetrators in cases that are determined by the rules on the circumstances precluding the criminality of the act; in analysing the types of violence, both objective and subjective signs are important; together with the wilfulness of violent actions, the purpose and motivation (motives) of such actions matter; motivation of violent actions can be hostile, instrumental, negativistic and mixed; it characterizes the legal basis of certain circumstances precluding the criminality of the act; its use is the basis for the subject to "unlimitedly" use force for protection; it serves as the basis for bringing to criminal responsibility in case of exceeding the limits in certain circumstances, precluding the criminality of the act.

FUNDAMENTAL ASPECTS OF THE FORMATION ANDSIGNIFICANCE OF THE CONSTITUTIONAL PRINCIPLE AND LEGAL INSTITUTION OF JUDICIAL REPRESENTATION IN THE RUSSIAN EMPIRE OF THE XIX CENTURY

2020 ◽  
Vol 10 (4(73)) ◽  
pp. 64-69
Author(s):  
A.V. Sosnin
Keyword(s):  
Legal Profession ◽  
Russian Empire ◽  
Legal Institution ◽  
Constitutional Principle ◽  
Political Work ◽  
The Reformation ◽  
Source Studies ◽  
The Subject ◽  
The Russian Empire ◽  
Xix Century

The subject of the study establishes the nature of the legal profession, peculiarities of formation of the legal profession of the nineteenth century, and the conditions past development of the legal profession in the Russian Empire and the first steps in the reformation of jury legal profession, providing information on references to judicial representation in the oldest monuments of the Russian Empire of the XIX century. Some features of the judicial counter-reform of 1864, which served as the beginning of the emergence and appearance of the juried bar, are described. The problems worthy on the way of self-origin and improvement of legal Institute of bar, the developed aspects of the organization and work of bar in the course of its formation were revealed. The embodiment of the ancient and later foundations of independence, the legality of corporatism, self-government and equality of lawyers. The test of reconstruction of one of the first and important legal institutions of representation of judicial and source studies of the Russian Empire is carried out. The key conclusions that determined the practice of our time, state political work, which formed the basis of the judicial and legal system of the state, are established.

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.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

The Role of Green Accounting Information In Improving The Quality Of Accounting Information

2021 ◽  
Vol 39 (11) ◽  
Author(s):  
Wasan Yahia Ahmed ◽  
Suaad Adnan Noaman Al-Shammari ◽  
Ahmed Taher Kadhim Al-Anbagi
Keyword(s):  
Stock Exchange ◽  
Fundamental Problem ◽  
Accounting Information ◽  
Financial Statements ◽  
Green Accounting ◽  
Quality Of Accounting Information ◽  
The Subject ◽  
Role Of Information

The subject of green accounting is one of the modern topics in accounting science, which has received great attention by researchers and writers because of its great role in measuring and disclosing environmental activities and in line with the interests of internal and external users of accounting information.  The research stems from a fundamental problem that taking into account the costs of green accounting within the financial statements of economic units would improve the quality of accounting information provided to users. To achieve the goal of the research, a questionnaire was designed and submitted to the stakeholders of users of information and employees of a number of economic units listed on the Iraq Stock Exchange, as well as the use of different statistical methods and methods to extract results related to the role of information on green accounting in improving the quality of accounting information provided by Before economic units. The research reached several results, the most important of which was the need to take into account the costs of green accounting and manifested within the financial statements of economic units, because of its role in improving the quality of accounting information and commensurate with the interests of users, so it should work to measure those costs and disclosed to contribute to Meet the wishes and interests of users of financial statements.

scholarly journals SCIENTIFIC EXPERIMENTS ON ANIMALS AND CONSTITUTIONAL PRINCIPLE

2011 ◽  
Vol 12 (1, 2 & 3) ◽  
pp. 2002 ◽  
Author(s):  
Elaine L. Hughes
Keyword(s):  
Ethical Implications ◽  
Constitutional Principle ◽  
Division Of Powers ◽  
Scientific Experiments ◽  
The Subject ◽  
Exhaustive List

It is a well-established principle that the division of powers in the Constitution Act, 18671 sets out an exhaustive list of legislative subjects.2 Thus, all “new” subjects of potential regulation in Canada, such as biotechnology, must fit within the established categories of authority. This article explores some of the ethical implications of this constitutional framework and approach when the subject under consideration is the welfare of animals used in research.

scholarly journals Gestão do Judiciário e gestão da qualidade: uma questão de princípios - Judiciary management and quality management: a question of principles

2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Alex Pizzio Da Silva ◽  
José Eudacy Feijó Paiva
Keyword(s):  
Quality Management ◽  
Public Administration ◽  
Management System ◽  
Quality Management System ◽  
Iso 9001 ◽  
The Public ◽  
Constitutional Principle ◽  
Judicial Administration ◽  
The Subject ◽  
Point Of Reference

<p>O objetivo deste artigo é contribuir ao debate acerca da gestão do Poder Judiciário tendo como referência o princípio constitucional da eficiência na administração pública e os princípios da gestão da qualidade. Sob esse enfoque são abordados os temas da crise na administração pública e na administração judiciária. Através de uma revisão bibliográfica em livros e artigos levantou-se as contribuições de autores sobre o tema em análise. Uma correlação entre os princípios da qualidade e a realidade encontrada na administração de unidades judiciárias, através das fontes analisadas para o estudo, é realizada com o fim de demonstrar a validade da aplicação dos princípios para nortear as mudanças necessárias para a melhoria da prestação jurisdicional e a aumentar a satisfação da sociedade. O artigo apresenta a aplicabilidade de um sistema de gestão da qualidade, conforme o modelo da norma ABNT NBR ISO 9001:2015, como uma alternativa eficaz para que o Poder Judiciário apresente a resposta mais adequada para a necessidade de melhoria na eficiência da gestão do Poder Judiciário.</p><p> </p><p>The purpose of this article is to contribute to the debate about the management of the Judiciary having as point of reference the constitutional principle of efficiency in the Public Administration and the principles of quality management. This approach addresses the issues of crisis in the public administration and judicial administration. Through a bibliographical review in books and articles the contributions of authors on the subject under analysis were compiled. A correlation between the principles of quality and the reality found in the management of judicial units, through the sources analyzed for the study, is established in order to demonstrate the validity of the application of the principles to guide the changes necessary to improve the jurisdictional performance and to increase the satisfaction of society. The article presents the applicability of a quality management system, according to the model of ABNT NBR ISO 9001: 2015, as an effective alternative for the Judiciary to provide the most appropriate response to the need of improving the efficiency of the Judiciary management.</p><p> </p>

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.

scholarly journals LEGAL BASIS OF INTERACTION OF BODIES AND DIVISIONS OF THE NATIONAL POLICE WITH LOCAL SELF GOVERNMENT BODIES IN THE FIELD OF PUBLIC SAFETY AND ORDER

2021 ◽  
Vol 1 (1) ◽  
pp. 80-94
Author(s):  
Sergiy Vitvitskyi ◽  
◽  
Andriу Zakharchenko ◽  
Keyword(s):  
Local Governments ◽  
Public Safety ◽  
The State ◽  
Legal Basis ◽  
The Subject ◽  
Mass Actions ◽  
Traffic Organization ◽  
National Police ◽  
And Control ◽  
Coordination And Control

The article analyzes the state of legislation as for provisions on the interaction of bodies and units of the National Police with local self governments in the field of public safety and order. The main directions of improving the legal basis of interaction of these bodies in this area are substantiated. One of the factors influencing the state of public safety and order in settlements is the degree of interaction of bodies and subdivisions of the National Police with local self-government bodies representing the respective territorial communities. According to the results of the study, the following areas of improvement of the legal basis for the interaction of bodies and units of the National Police with local self governments in the field of public safety and order were proposed: 1) standardization of the terms of cooperation of the specified bodies concerning maintenance of public safety and order in connection with the organization and carrying out of peaceful meetings and other mass actions; 2) consolidation of the recommended order of interaction between these bodies during the development and implementation of program documents on public safety and order; 3) determining the procedure for coordination by local self governments and the National Police in the field of coordination and control over the activities of public formations with regard of protection of public order and the state border; 4) legislative consolidation of the possibility of concluding agreements on interaction and coordination of activities by territorial police bodies and local self-government bodies; 5) determining the procedures for approval by territorial bodies (subdivisions) of the National Police of decisions of local self-government bodies on the issues of traffic organization and functioning of public transport. Separate elaboration requires regulatory regulation of relations arising in connection with the conduct of joint raids by representatives of local governments and the National Police and inspections of compliance with legislation in the field of landscaping, trade rules, etc. The search for optimal solutions to this problem should be the subject of further research.

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