scholarly journals The Criminal Liability for Preparing a Crime under the Criminal Law of Ukraine and the Republic of Poland (Comparative-Legal Study)

2019 ◽  
Vol 15 (28) ◽  
pp. 52-59
Author(s):  
I.U. Vakula
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Study ◽  
The Republic

scholarly journals Some features of the criminal law regulation of liability for sexual abuse against children in some European countries

2020 ◽  
Vol 4 (4) ◽  
pp. 329-335
Author(s):  
Vadym Dyadichko
Keyword(s):  
Sexual Abuse ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
European Countries ◽  
Official Position ◽  
Depth Analysis ◽  
The Republic

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for sexual abuse of children by analyzing the latest changes and additions to the Criminal Code of some European countries. One such way is to criminalize such an act as "cybergrooming". The analysis of the relevant criminal law of the Kingdom of Belgium, the Republic of Bulgaria and the Kingdom of Spain has allowed to conclude that the approach of the legislator of the Republic of Bulgaria to the regulation of criminal liability for "cybergrooming" seems to be worth worth studying its practical application in order to determine the possibility of future borrowing by the domestic legislator. In addition, on the positive side, the Criminal Code of this state has criminal liability for lewd acts or sexual intercourse with a minor engaged in prostitution. The Criminal Code of the Kingdom of Spain deserves attention to the existence of a single rule (Article 183), which includes various manifestations of sexual violence against children. The author has noted that such an approach of the legislator of this state also requires a separate, more in-depth analysis for its possible borrowing by the domestic legislator. In addition, it is worth studying the issue of separate criminalization in the Criminal Code of Ukraine as sexual violence, sexual intercourse with persons aged sixteen to eighteen, committed with the use of influence on the victim in such ways as: fraud or abuse of trust, abuse of official position by an official.

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC

2019 ◽  
Vol 7 ◽  
pp. 68-77
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Criminal Law ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Criminal Code ◽  
The European Union ◽  
Protective Measures ◽  
Legal Entity ◽  
The Republic ◽  
To Receive ◽  
Legal Entities

The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.

scholarly journals A Comparative Understanding of Criminal Liability Formation for Crimes Against Women in Uzbekistan and Cameroon

2021 ◽  
Vol 10 (2) ◽  
pp. 129-148
Author(s):  
Dilbar J. Suyunova ◽  
Yana Yu. Koniushenko ◽  
Nana Charles Nguindip
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Sexual Freedom ◽  
Distinctive Features ◽  
The Republic ◽  
Crimes Against Women ◽  
Victims Of Violence ◽  
Expert Study

Women continue to be victims of violence and the violation of their human rights keep being in the increase as they experienced constant hatred on their status. This article analyzes liability for crimes against women under criminal legislations of the Republic of Uzbekistan and Cameroon by assessing the Criminal Codes rules in both countries in terms of identifying its distinctive features of legal regulation conditional to gender and family differences of subjects is provided. Expert study of criminal legislations related to crimes against women plays a facilitating role in identifying not only real scope of criminal law rules, but also determining if there is a gap in law, or legal regulation is insufficiently socially conditioned. Moreover, analysis of genesis of criminal standards on responsibility for crimes against women made it possible to trace changes in law in relation to such objects of criminal law protection as, for example, life, health, sexual freedom and sexual immunity, honor and dignity of woman, interests of family and its members.

scholarly journals Criminal Liability for Financial Market Crimes under the Singapore Legislation

Lex Russica ◽  
2021 ◽  
pp. 148-156
Author(s):  
A. V. Denisova
Keyword(s):  
Financial Markets ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Personal Data ◽  
Criminal Code ◽  
Legal Provisions ◽  
The Republic ◽  
Criminal Legislation ◽  
Integral Feature

The functioning of developed financial markets is an integral feature of a country with a market economy, in which it is understood primarily as an infrastructure element of state policy, which, with proper management, ensures a qualitative increase in the standard of living of citizens. Therefore, the issues of criminal legal assessment of encroachments on relations in the sphere of financial markets have recently become particularly relevant both abroad and in Russia. In Singapore law, the legal provisions on criminal liability for crimes in the field of financial markets are contained in the Criminal code of the Republic of Singapore, in the laws on the prevention of corruption, on securities and futures. The purpose of the study is to analyze Singapore legislation to compare foreign and domestic criminal law norms on crimes in the field of financial markets, as well as to determine the possibilities of using foreign experience in Russian rule-making practice. The methodological basis of the paper is a set of methods of scientific knowledge, among which the main place is occupied by methods of comparative law and system analysis. The author analyzes the similarities and differences between Singapore and Russian financial and criminal legislation and predicts promising directions for the development of the system of relevant domestic criminal law norms. The author suggests the expediency of using the ideas of criminalization and suppression of fraud in the investment sphere, including in cyberspace, theft of personal data and their misuse, as well as other preparatory actions for serious and grave crimes that may be committed in the financial markets.

scholarly journals Collective Criminal Liability in the Republic of Poland

2018 ◽  
Vol 3 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Petr A. Litvishko ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Broad Sense ◽  
The Republic ◽  
Polish Law ◽  
Corporate Criminal Liability ◽  
Legal Entities

The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.

scholarly journals CRIMINAL AND LEGAL CHARACTERISTICS OF TRANSNATIONAL CRIME: COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Oleksandra Skok ◽  
◽  
Taisiia Shevchenko ◽  
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Criminal Liability ◽  
Transnational Crime ◽  
Criminal Code ◽  
Foreign Countries ◽  
International Regulations ◽  
Transnational Connections ◽  
The Republic ◽  
Definition Of

This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.

CRIMINAL LIABILITY FOR PUBLIC INCITEMENT TO COMMIT ILLEGAL ACTS

2016 ◽  
Vol 1 (74) ◽  
pp. 47
Author(s):  
Ēriks Treļs
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Regulatory Framework ◽  
International Commitments ◽  
Illegal Acts ◽  
The Law ◽  
The Republic

On 18 March 2016 President of Latvia Raimonds Vējonis posted a letter to the Legal Affairs Committee of the Parliament of the Republic of Latvia (Saeima) regarding the amendments to the Criminal Law (Nr.514/Lp12). President of Latvia drew attention of the Saeima to several controversial definitions of the amendments to the law requiring a clearer and more precise wording so that the proposed statutory solutions would not contradict the Constitution of Latvia (Satversme) and international commitments of Latvia. The article aims to initiate a debate on problems related to the application of the Section 81 of the Criminal Law. The author offers his vision of the regulatory framework application problems.

COMBATING CRIMES AGAINST ILLEGAL TRANSFERS OF PERSONS ACROSS THE STATE BORDER

2019 ◽  
pp. 226
Author(s):  
Andris Salcevičs
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Refugee Crisis ◽  
Migration Control ◽  
The Republic

The refugee crisis has been a problem in Europe in recent years. Solutions are being sought to tackle this crisis. In order to migration control, it is important: breaking up the network of traffickers, protecting the border and disrupting the flow of migrants. Criminal liability is provided for the illegal transfer of persons across the State border in the Republic of Latvia. According to the author, the intentional illegal crossing of the State border and the illegal transfer of persons across the State border are closely linked criminal offences, as in most cases a person has been found to have crossed the State border illegally by illegally moving other persons across the State border, and the person becomes responsible not only under the Criminal Law 285.Article, but also in accordance with Article 284 of the Criminal Law. Criminal liability is proved for the illegal transfer of persons across the State border in the Republic of Latvia.

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