scholarly journals Konfiskata mienia obowiązująca na gruncie kodeksu karnego PRL jako instrument totalitarnego systemu komunistycznej dyktatury

2021 ◽  
Vol 43 (4) ◽  
pp. 41-50
Author(s):  
Monika Czechowska
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Criminal Law ◽  
Criminal Activity ◽  
Criminal Code ◽  
Third Parties ◽  
Practical Application ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Soviet Union

Confiscation of property, understood as depriving the perpetrator of a crime (as well as third parties not involved in criminal practice) of all or part of their property, regardless of whether it was derived from criminal activity or was collected legally, is one of the most painful means of criminal law response in history. From the perspective of today’s standards of human rights protection, it appears unacceptable and contrary to the guarantee function of criminal law. As the analysis of past regulations shows, this measure was used with pleasure in totalitarian states (for example in Nazi Germany and the Soviet Union) as an instrument of fighting political opponents, which was to occur through economic repression, often leading to material annihilation. Confiscation of property was also in force under the Criminal Code of the Polish People’s Republic. The official ratio legis of this institution was seen in the fight against crime against social property. However, an analysis of the practical application of this institution leads to the conclusion that it was not the only goal of the then legislator. The aim of this article is therefore to analyze the institution of confiscation of property in force under the 1969 Criminal Code, and in the longer term to find an answer to the question of whether this regulation was an instrument of the totalitarian system of the communist dictatorship.

Assessing Human Rights in Russia: Not to Miss the Forest for the Trees A Response to Preclik, Schönfeld and Hallinan

2012 ◽  
Vol 37 (2-3) ◽  
pp. 349-356 ◽  
Author(s):  
Vladislav Starzhenetskii
Keyword(s):  
Human Rights ◽  
Soviet Union ◽  
Legal System ◽  
Transition Period ◽  
Russian Society ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past ◽  
The Soviet Union ◽  
Implementation Of Standards

AbstractLooking fourteen years into the past, Russia has made enormous progress in reforming its legal system in order to ensure human-rights protection under the Convention. This process of reform is still ongoing. The causes of the existing difficulties in the area of human-rights protection are better explained in terms of difficulties with implementation of standards in the Russian legal system rather than any antagonism between Russian and European human-rights attitudes. There are several groups of violations of the ECHR that need to be analyzed separately because of the different nature of the problems. Some of them reflect structural and practical problems of the Russian legal system immanent in a transition period of reforms and of the dismantling of old regulations and attitudes; others may be accounted for by the lack of proper (efficient, adequate and balanced) measures and solutions to address the numerous new challenges that Russian society is facing after the collapse of the Soviet Union. There are many examples that provide evidence that Russia is trying to amend its legal and political system to meet the requirements of the Convention.

scholarly journals CRITICAL STUDY TO THE ENFORCEABILITY OF PASSIVE NATIONAL PRINCIPLE IN INDONESIA CRIMINAL CODE

2015 ◽  
Vol 15 (2) ◽  
Author(s):  
Ridwan .
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Code ◽  
Critical Study ◽  
Specific Interest ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Law

Criminal law is law formulation to protect society and to establish society welfare as its address.  Protection was, according criminal law, naturally as a concept of Human Rights protection. Based on those, therefore criminal law was implemented certainty, equality and expediency principle. But then, those law principles or basic values, seem difficult to improve by Indonesian citizen abroad, specifically Indonesian workers facing the law. Yet, according to limited-National Passive Principle in specific interest, and not including all Indonesian citizens abroad. It will cause unbalancing doelmatigheid ND rechtsmatigheid Principles not improving.  Keywords: Principle, Protection, Concept.

HISTORICAL BACKGROUNDS OF UKRAINE’S ADMINISTRATIVE JUSTICE

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 219-230
Author(s):  
Tatiana Bilkiewicz
Keyword(s):  
Soviet Union ◽  
Essential Feature ◽  
Current System ◽  
Democratic Institution ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Soviet Union ◽  
Democratic State ◽  
The Russian Empire ◽  
Administrative Justice

Historical backgrounds of Ukraine’s administrative justice creation in the Russian Empire and the Soviet Union are analyzed in the article. The stages of formation and development of administrative justice in Ukraine and the reasons for its abolishment in the USSR are de ned. The article deals with the issue of administrative justice creation in Ukraine. It is an essential feature of any democratic state which ensures rights and freedoms of all individuals are ensured. Institute of administrative justice in Ukraine has come a long way of its formation. In the second half of the nineteenth century a sign cant interest in the problems of administrative justice appeared in Ukraine. However, the lack of state independence, complete denial of administrative justice by Soviet authorities and for other reasons it was impossible to create this democratic institution in Soviet Union. Only after Ukraine proclaimed its independence it made possible to modernize the current system of human rights protection from public administration.

scholarly journals Application of the Principle of Good Governance in the Activities of the European Court of Human Rights

2021 ◽  
Vol 7 (2) ◽  
pp. 64-69
Author(s):  
Serhiy MELENKO ◽  
◽  
Dan PARANYUK ◽  
Keyword(s):  
Human Rights ◽  
Complex Analysis ◽  
Good Governance ◽  
European Convention ◽  
Practical Application ◽  
Council Of Europe ◽  
Vast Number ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court

Based on the methodology of performing axiological and logical-gnoseological analysis of juridically significant factors, the article under discussion presents a partial investigation of the practical application of one of the most fundamental principles of state functioning in the field of human rights protection. The object of investigation in the paper is the way the European Court of Human Rights (ECHR) perceives, understands and interprets the principle of Good Governance in the course of implementing it in Court’s activities. The precedents, formulated and adopted by the ECHR frequently acquire the status of legal sources for the member states of the Council of Europe. Therefore, the judiciary bodies of these countries have to rely in their practice on the conclusions, the ECHR came to in the course of considering certain cases. Qualitively equal understanding and application of the above decisions is a cornerstone in forming a common European legal space, as well as plays a leading role in the field of human rights protection, guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention) (Council of Europe, 1950). The principle of Good Governance is a complex notion. It directly or indirectly regards the rights and interests of both individuals (ensuring them certain rights and freedoms in a vast number of articles of the Convention) and social groups. This requires a complex analysis of the principle in both theoretical and practical aspects of its definition and application. Relying on the methodology of profound analysis of the axiological component of a certain legal phenomenon, like the content of some decisions of the Strasbourg Court, the authors of the article attempt to practically trace the implementation of the principle of Good Governance in the course of administering justice in Ukraine, as a member state of the Council of Europe. Therefore, the article under studies deals with the specifics of practical application of the principle of Good Governance in the ECHR activities, as well as with using precedent experience in the system of administrative judiciary of Ukraine.

scholarly journals Criminal law policy of Ukraine in the field of illicit arms trafficking in a special period

2020 ◽  
Vol 3 (3) ◽  
pp. 137-144
Author(s):  
Serhiy Rybyanets ◽  
Oksana Sobol
Keyword(s):  
Soviet Union ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Period ◽  
The Soviet Union ◽  
Number Of Factors ◽  
Central Register ◽  
Explosive Devices

The article is devoted to the analysis of the features of criminal law policy in the field of combating crimes involving weapons, ammunition, explosives and explosive devices, at the current stage of aggravation of the criminal situation and the Joint Forces Operation in eastern Ukraine. The lack of clear legal regulation of firearms possession in Ukraine leads to the fact that the line between legal and illegal possession is sometimes blurred. Many weapons in Ukraine, which were previously considered legal, have now been classified as "illegal" for a number of reasons. The analysis of the bills proposed for the regulation of the order of arms circulation in Ukraine is carried out. It is stated that in judicial practice in the application of Art. 262, 263, 263-1, 264 of the Criminal Code, as well as other crimes committed with the use of weapons, there are significant errors due to am-biguity in the interpretation of crime, doctrinal interpretation of these rules and their legislative imperfec-tions, gaps in criminal law policy and lack of uniform application practice. The above circumstances de-termine the relevance of the study of the legal regime of arms trafficking in Ukraine and criminal policy in the field of combating crimes involving weapons, ammunition, explosives and explosive devices. It is emphasized that a significant amount of weapons is in illegal circulation in Ukraine. This sit-uation is complicated by a number of factors, including the significant amount of weapons left in the country after the collapse of the Soviet Union, the war in eastern Ukraine in 2014 (and, consequently, the looting of state reserves), and the influx of weapons across uncontrolled border areas. The main problems are related to the shortcomings of the legal system governing the possession and use of small arms, as well as the lack of a central register of firearms, which makes it extremely difficult to fight illicit arms trafficking.

Towards a European criminal jurisprudence? The justification of criminal law by the Strasbourg court

Legal Studies ◽  
1991 ◽  
Vol 11 (3) ◽  
pp. 239-280 ◽  
Author(s):  
Joxerramon Bengoetxea ◽  
Heike Jung
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Judicial Review ◽  
Internal State ◽  
European Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Fundamental Freedoms ◽  
Criminal Jurisprudence ◽  
Protection Of Human Rights

The European Convention for the Protection of Human Rights and Fundamental Freedoms (hereafter the Convention) has been in operation for almost 40 years, the Commission and the court for more than 30 years. In the meantime, recourse to Strasbourg has become a built-in mechanism of judicial review in the Member States. In particular, art 25 of the Convention which entitles individuals to plead a violation of the Convention has turned into a corner-stone of a working system of human rights protection, since the court's first decision in 1960. Even though the court's output cannot compare to internal state jurisdictions, applications to Strasbourg have risen dramatically over the years.

scholarly journals IMPACT OF COVID-19 PANDEMIC ON CRIMINAL JUSTICE SYSTEMS ACCROSS EUROPE

2021 ◽  
Author(s):  
Marina Matić Bošković ◽  
Svetlana Nenadić
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Law ◽  
Fair Trial ◽  
Access To Justice ◽  
State Of Emergency ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Ict Tools ◽  
Restrictive Measures

Last year the Europe and world were facing with COVID-19 outbreak that put at the risk lives of the people and capability of healthcare systems to provide their services. To prevent spread of the COVID-19 governments have imposed restrictive measures, while some of them declared state of emergency. The response to the pandemic influenced on the functioning of the criminal justice system and daily operation of courts, but also on the substantive criminal law since some states are applying criminal law to violation of restrictive measures or to criminalizing disinformation on COVID-19 outbreak. Outbreak of COVID-19 revealed new trends in criminal law like accelerated introduction of new crimes during pandemic, extremely flexible interpretation and rapid changes of criminal laws, which tend to be threat for legal stability and human rights protection. In addition, populist governments tend to use that new trend as a tool in suppression of political dissidents. COVID-19 pandemic has posed unprecedent challenges to the functioning of judiciaries. Courts and prosecution services were working with limited capacities to ensure social distancing. Some countries introduced ICT tools and fast-track procedures to organize hearings, which raised question of procedural rights and protection of rights of defendant. In the article authors assessed whether derogation of fair trial rights was in the line with standards of international human rights law and if introduction of state of emergency and restrictions were proportionate, time limited and needed and whether they changed understanding of the fundamental rights protection, especially right to a fair trial. Furthermore, authors explore whether COVID 19 changed perception of criminal law and legal certainty. Authors assessed how restrictions in the organization of judiciary work influenced on human rights protection and citizens trust in judiciary. Consequently, authors assesses whether some of introduces changes, especially use of ICT tools made permanent changes in operation of courts and understanding of access to justice. Finally, authors are assessing whether these changes tend to erode judiciaries or put into the risk access to justice in the EU members states and candidate countries or whether they jeopardized EU principle of mutual trust.

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