scholarly journals PROBLEMS OF LEGAL REGULATION OF ACTIVITIES OF HUMANITARIAN ORGANIZATIONS IN UKRAINE

2019 ◽  
pp. 144-149
Author(s):  
D.A. Repin
Keyword(s):  
Armed Conflict ◽  
Criminal Responsibility ◽  
Humanitarian Aid ◽  
Legal Regulation ◽  
Criminal Code ◽  
Complex Problem ◽  
Humanitarian Assistance ◽  
For Profit ◽  
Existing Problems ◽  
Humanitarian Organizations

The article is devoted to an actual topic about the problems of legal regulation of the activities of humanitarian organizations in Ukraine, because of the armed conflict in the east of Ukraine the activities of humanitarian organizations providing assistance to the affected population as a result of hostilities have intensified. At the same time, due to such activation, abuse of this assistance has become more widespread, which results in the use of this assistance not for the intended purpose or for profit. Therefore, with the help of this study, the authors are trying to answer the difficult question of solving this complex problem. This study seeks to address the complexities and shortcomings of humanitarian assistance. Resolving these issues will make the work of humanitarian organizations more effective and transparent, which will be beneficial to both donors and the state, as well as to those who need this aid. The authors also explored the international experience of regulating the work of humanitarian organizations in other countries, such as Finland, Ireland, the United Kingdom, and others. The authors drew attention to the rather widespread problems arising in the territories of armed conflict: disproportionate provision of humanitarian aid, “humanitarian needle”, “humanitarian tourism”; as well as drawing attention to the strengthening of the occurrence of administrative and criminal responsibility in accordance with the norms required by modern Ukrainian legislation. The authors have provided some ways of solving existing problems: amendments to the Law of Ukraine “About Humanitarian Aid”, the Criminal Code of Ukraine, the Code of Ukraine on Administrative Offenses, updating of the existing database of international financial assistance. Keywords: humanitarian aid, humanitarian organizations, armed conflict, donor, recipient, acquirer.

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 Humanitarian Assistance of Italy to Ukraine in 2014-2018 рр.

2019 ◽  
pp. 107-124
Author(s):  
Olga Sukhobokova
Keyword(s):  
Public Information ◽  
Humanitarian Aid ◽  
Armed Forces ◽  
Humanitarian Assistance ◽  
Early Years ◽  
Strong Ties ◽  
Political Processes ◽  
Humanitarian Organizations ◽  
Italian Government ◽  
The Government

The article deals with the provision of humanitarian aid to Ukraine by the government and society (citizens) of Italy during the period of Russian armed aggression against Ukraine (2014-2018). Among them are the efforts of the large Ukrainian community in Italy (according to official figures in Italy, there are more than 230 thousand Ukrainians registered). The directions, volumes and methods of relief assistance for Ukrainian military and population in war-affected areas in eastern Ukraine and settlers were analyzed. It was determined that government financial assistance (over 3 million euros was allocated for 2014-2018) during this period came through international humanitarian organizations, which deal with the civilian people affected by the armed conflict and the program of demining of ukrainian territories. The Ukrainian community in Italy provides individual assistance (from individuals) and from organizations (for example, the Congress of Ukrainians in Italy, “EuroMaydan-Rome” and others). Ukrainian communities of entire cities and regions may be involved in collecting a large sum (the most active are Ukrainians in Rome, Brescia, Milan, Naples).Mostly Ukrainians provided cars for units of the Ukrainian Armed Forces and volunteer groups in the area of fighting, equipment, clothes and funds for the needs of Ukrainian defenders, as well as food and gifts for them to holidays, organized humanitarian cargoes for the victims of the war of the population. At the same time, the Ukrainian community in Italy tried to hold public information events in support of Ukraine in the early years of the Russian-Ukrainian War and inform the Italian society and authorities about the events in it.The third source of humanitarian aid for Ukraine in Italy is Italian voluntary associations such as “Italy-Ukraine-Maidan”, which independently delivers the largest humanitarian cargo to the east of Ukraine. Italy’s assistance to Ukraine is considered in the context of the socio-political processes and the foreign policy line of the Italian government. It is determined how the traditional strong ties between Italy and Russia affect for the attitude and assistance to Ukraine.

PROBLEMS OF LEGAL REGULATION OF CRIMINAL RESPONSIBILITY FOR TRANSPORT SECURITY REQUIREMENTS VIOLATION

2018 ◽  
pp. 58-68
Author(s):  
L.Y. Larina
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Individual Characteristics ◽  
Security Requirements ◽  
The Russian Federation ◽  
The Government ◽  
Legislative Structure ◽  
The Individual

The study of the problems of legislative regulation of criminal responsibility for transport security requirements violation is due to the necessity to ensure it as part of national security. The purpose of the study is to identify the shortcomings of the legislative structure of article 263.1 of the Criminal Code of the Russian Federation, preventing its effective application in practice, and suggest ways to overcome them. In the research on the basis of comparison of the content of article 263.1 of the Criminal Code of the Russian Federation with the norms of the Federal Law “On transport security” and Decrees of the government of the Russian Federation analyzed some blank signs of transport security requirements violation. In the study we identify deficiencies of the legislative construction of article 263.1 of the Criminal Code of the Russian Federation, the necessity of its correction, and formulate proposals for changing the individual characteristics and the sanctions of article 263.1 of the Criminal Code of the Russian Federation. In particular we discuss the proposal to change the sanctions of part 1 of article 263.1 of the Criminal Code of the Russian Federation in connection with the inconsistency with the sanction of part 1 of article 118 of the Criminal Code of the Russian Federation. In addition, it is proposed to expand the range of subjects of crime under part 2 of article 263.1 of the Criminal Code of the Russian Federation.

scholarly journals Diplomasi Indonesia dalam Menyelesaikan Krisis Pengungsi Rohingya Tahun 2017

2018 ◽  
Vol 1 (2) ◽  
pp. 114-131
Author(s):  
Fuat Albayumi ◽  
Nourma Meysita Hadi ◽  
Djoko Susilo
Keyword(s):  
Armed Conflict ◽  
Secondary Data ◽  
Humanitarian Aid ◽  
Research Literature ◽  
Humanitarian Assistance ◽  
Complete Picture ◽  
Refugee Crisis ◽  
Humanitarian Crisis ◽  
Reliable Source ◽  
Qualitative Descriptive

The armed conflict in Rakhine in 2017 caused a humanitarian crisis for the Rohingyas. This crisis resulted in the emergence of criticism towards Myanmar government for its refusal to offer humanitarian assistance to the victims of conflict. In spite of that, the Myanmar government has closed access for foreigners, including humanitarian aid. However, Indonesia have accepted to discuss the settlement of the case. This research will examine how Indonesia's diplomacy to resolve the crisis due to the conflict in Rakhine in 2017. This research uses research literature method to collect secondary data coming from reliable source. This research is using qualitative descriptive technique and analyzed to described or interpreted to obtain a complete picture of the answer to the problem under study. The results show that in resolving the crisis for Rohingya ethnic in 2017, Indonesia conducts humanitarian diplomacy, which includes communicating with the Myanmar and Bangladesh governments and foreign parties, acting as a liaison between the Myanmar government and the international community, and negotiating with Myanmar and Bangladesh governments regarding the settlement of the Rohingya refugee crisis.

scholarly journals Criminal infraction as a mean of differentiating criminal responsibility and punishment

2021 ◽  
Vol 2 (12) ◽  
pp. 62-67
Author(s):  
E. A. BABAYANTS ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

Discussions caused by the initiative of the Supreme Court of the Russian Federation on the introduction of a new category of offenses – criminal infraction which can occupy an intermediate link between an administrative offense and a criminal offense – do not stop. The article reveals the concept of a criminal infraction, lists its main features, considers the feasibility of introducing this category into domestic criminal legislation. A brief analysis of the legislation of a number of foreign countries is also given, the possibility of applying such experience in Russian conditions is assessed. The conclusion is formulated that it is necessary to recognize as fair the arguments challenging the necessity of adopting the draft law in the form in which it was submitted for consideration by the Supreme Court of the Russian Federation. Attention is drawn to the fact that in those countries where the category of criminal offense was introduced, a fundamental reform of the criminal legislation was required: a total revision of the norms of the existing criminal legislation or the adoption of a separate Code of criminal infractions (for example, in Kyrgyzstan). Based on this the draft law under consideration appears to be a half-measure, which will lead to the complication of the existing legal regulation. The most correct way to resolve the problem under consideration would be to reduce the number of minor offenses in the Criminal Code of the Russian Federation

scholarly journals Abuse of authority in the execution of the state defense order

2019 ◽  
pp. 132-138
Author(s):  
Natalya Egorova
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Objective Side ◽  
State Defense ◽  
Subjective Side

The author of the article attempts to comprehend the novelties of abuse of authority in the fulfillment of the state defense order (art. 2011 and art. 2854 of the Criminal code of Russian Federation). Attention is paid to such issues as the reasonability of differentiation of the grounds of responsibility for these types of abuse in the service, the main object of the crimes under consideration, acts and consequences as signs of the objective side of these crimes, types of specialized subjects of abuse of authority in the fulfillment of the state defense order, signs of the subjective side of such crimes. The conclusion about imperfection of legal regulation of the bases of criminal responsibility for the special types of abuses on service is drawn.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

TO THE QUESTION OF THE RELATION OF MAN TO ANIMALS IN MODERN RUSSIA: THE CRIMINAL, LEGAL AND MORAL ASPECT

2020 ◽  
Vol 10 (3) ◽  
pp. 128-132
Author(s):  
MIKHAIL KOLTSOV ◽  
◽  
ELENA POPOVA
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Norms ◽  
Existing Problems ◽  
Legal Method ◽  
Logical Method ◽  
The Russian Federation ◽  
Cruelty To Animals

This article examines the existing problems that arise in the case of applying the provisions of the current version of article 245 of the criminal code of the Russian Federation. Based on the analysis of the theory and judicial practice of this sphere of public relations, the authors reveal the conditions for criminal responsibility for the criminal offense provided for in this article. In addition, the article contains comparative characteristics of Russian and foreign legislation in terms of liability for cruelty to animals. The following methods were used in the article: logical method of cognition, comparative legal method of research, as well as formal legal method, which allowed to reveal the essence and signs of cruelty to animals, the method of interpretation of legal norms. The use of these methods allowed us to understand the institutions of criminal law and determine the main directions of development. The authors suggest possible ways to solve problems that arise in the process of proving the fact of criminal infringement under article 245 of the criminal code of the Russian Federation, and reveal ways to eliminate gaps in legislation.

CRIMINAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Professional Activity ◽  
Professional Activities ◽  
For Profit ◽  
Illegal Behavior ◽  
Administration Of Justice ◽  
The Status

The article presents the key features of the criminal liability of judges. It has been established that the legal basis for bringing judges to criminal liability is governed by the provisions of the Law of Ukraine "On the Judicial System and the Status of Judges", the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine. It has been established that usually the illegal behavior of a judge or the irresponsibility of a judge primarily arises from the imperfection of the legislation, which regulates the main aspects of a judge's behavior in the course of his professional activities. It has been determined that, in accordance with Article 375 of the Criminal Code of Ukraine, a judge who has passed a false sentence (decision, ruling or ruling) is prosecuted and punished by restraint of liberty for a term of up to five years or imprisonment for a term of two to five years, and In the event of grave consequences as a result of such actions of a judge or their commission for profit, for personal purposes or to create an obstacle to the legality of the journalist's professional activity, the judge is punished with imprisonment for a term of five to eight years. It has been proved that the main elements of a judge's legal status are immunity, which provide for the conduct of an independent justice. It was found that judges cannot be held accountable for their judicial decisions, except for cases when they committed a crime or disciplinary offense. It has been established that a judge can be detained on the basis of a suspicion of an act they have committed, for which it is envisaged to bring to criminal or administrative responsibility, with the exception of cases specified in the legislation. It has been determined that, on the basis of bringing a judge to criminal responsibility, he may be temporarily suspended from the administration of justice for a period of not more than two months on the basis of a petition made by the Prosecutor General of Ukraine or his deputies in accordance with the procedure established by law, while only the High Council of Justice makes a decision on the temporary suspension of a judge from administering justice. It has been proved that the court in which the judge committed a criminal offense and which is subject to criminal liability, holds or has held the office of a judge, cannot bring charges against a judge and carry out on the following grounds of justice with a judgment, except in cases determined by law. It has been determined that bringing judges to criminal responsibility is a rather difficult process, since today there are few cases in which judges were held accountable for their crimes.

Trends of the Development of Criminal Law at the Modern Stage

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Алла Гравина ◽  
Alla Gravina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Main Stream ◽  
Negative Effect ◽  
The Russian Federation

The article analyses the modern criminal law, factors having negative effect on its development according with social, political and economic needs in the Russian Federation. Humanism is the main stream determining these trends. The author treats exercise of the principle of humanism in General and Special parts of the Criminal Code of the Russian Federation. The work provides criminal statistics of the recent years. It pays particular attention to the reasons disturbing stability of law, leading to excess of legal regulation and excess of repressiveness of criminal law. It is impossible to predict the trends of criminal law without taking into account the political, social, economic development of the society, which determine the criminal policy of the country. The stability of law is also determined by them. The main methods of criminal policy are criminalization, decriminalization, penalization and depenalization. The article considers influence of criminalization and decriminalization on criminal law. The main trends in the development of criminal law is the further differentiation of criminal responsibility and expanding the list of forms of punishment not connected with isolation of guilty person from a society; introduction of less severe punishment. Some forms of differentiation of criminal liability such as — returning of administrative prejudice to criminal law, transfer of certain types of punishment to the category of other measures of criminal law applicable to the exemption from criminal liability; forecasting of introduction some new types of offences to the Criminal Code as well as support of the preparation of the Concept of modernization of criminal law.

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