scholarly journals Public calls for criminal offenses in post-Soviet countries (comparative analysis)

2021 ◽  
Vol 2 (16) ◽  
pp. 99-121
Author(s):  
Mykola Anatoliiovych Rubashchenko
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
European Countries ◽  
Territorial Integrity ◽  
Distinctive Features ◽  
Common Features ◽  
Constitutional Order ◽  
Criminal Offenses ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a comparative analysis of the criminal legislation of post-Soviet countries in terms of criminalization of public calls to commit criminal offenses. The criminal codes of the following countries have been studied: Azerbaijan, Belarus, Armenia, Georgia, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, the Russian Federation, Tajikistan, Turkmenistan and Uzbekistan. Common features of criminalization of public appeals in the named post-Soviet countries are established. Their distinctive features in comparison with the Ukrainian variant of regulation are defined. The list of subsequent crimes in the studied codes is not the same, but there are those whose public appeals are typical of the criminal codes of the vast majority of countries, namely – to: a) aggressive war, b) terrorist crimes, c) encroachments on the constitutional order and territorial integrity, d) mass riots. Unlike many European countries, the criminal codes of post-Soviet countries do not provide for universal types of public appeals (ie appeals to crime in general). The maximum of universalization here is calls only for crimes of a certain kind, for example, calls for terrorist crimes or crimes against the state. That is, it is mostly a case-by-case approach to the criminalization of public appeals – responsibility is established for public appeals to certain actions. In addition, the article draws attention to the following: a) the degree of punishment of public calls, that is, the penalties contained in sanctions (unqualified or «simple» public calls  are mostly punishable by up to 3 years in prison or up to 5 years), b) the differentiation of responsibilities (aggravating circumstances), c) system and placement of special types of public calls in the structure of special parts of criminal codes.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

scholarly journals LEGAL REGULATION OF NOISE IMPACT ON THE ATMOSPHERIC AIR IN THE RUSSIAN FEDERATION: A COMPARATIVE ANALYSIS OF REGIONAL LEGISLATION

2020 ◽  
Vol 30 (2) ◽  
pp. 249-255
Author(s):  
S.A. Gagarin ◽  
M.B. Uage
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Unified Approach ◽  
Distinctive Features ◽  
Atmospheric Air ◽  
Noise Impact ◽  
The Russian Federation ◽  
Acoustic Impact ◽  
Physical Impact

The article examines the provisions of legislation on the sanitary and epidemiological welfare of the population, regulating the restrictions of negative physical impact on the environment. The article considers the provisions of regional legislation aimed at regulating the issues of ensuring the peace and quiet of citizens. The authors note that the Code of administrative offences of the Russian Federation does not contain a direct ban on actions that violate the peace and quiet of citizens at night, but the corresponding restrictions apply in almost every subject of the Russian Federation. The article analyzes the legal regulation of relations connected with ensuring peace and quiet in a number of subjects of the Russian Federation. Regional acts determine specific prohibited actions that are subject to administrative liability in the form of a fine. The article highlights common and distinctive features of the legislation of the subjects of the Russian Federation in the field of acoustic impact. It is concluded that it is necessary to develop a unified approach to ensuring silence in the Russian Federation.

scholarly journals PROBLEMS OF LEGISLATIVE REGULATION OF THE MURDER OF A NEWBORN CHILD BY A MOTHER (ARTICLE 106 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

2021 ◽  
Vol 31 (4) ◽  
pp. 639-646
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sociological Study ◽  
Distinctive Features ◽  
Judicial Practice ◽  
Newborn Child ◽  
The Russian Federation ◽  
Legislative Structure ◽  
Criminal Legislation

This article examines the features of the Russian criminal law norm that provides for liability for the murder of a newborn child by a mother. We analyzed the data of the Judicial Department on the statistics of convicts for 2016 and 2019 under Article 106 of the Criminal Code of the Russian Federation in relation to the indicators of other privileged elements of murder, indicating the latency of this type of crime. The article also examines some features of the legislative structure of Article 106 of the Criminal Code of the Russian Federation, accompanied by examples of judicial practice. The article examines the criminal law norms providing for responsibility for infanticide, the legislation of Italy, Austria, Switzerland, Holland and Denmark, and highlights the distinctive features of Article 106 of the Russian criminal legislation. The article presents proposals for possible improvement of the norms of the Criminal Code of the Russian Federation on responsibility for the murder of a newborn child by a mother, confirmed by the indicators of a sociological study.

Certain problems of crimes qualification related to abuse and excess of authority

2020 ◽  
pp. 206-215
Author(s):  
Svetlana Vorobyeva ◽  
Ilya Volkov
Keyword(s):  
Local Government ◽  
Public Relations ◽  
Russian Federation ◽  
Public Service ◽  
Criminal Code ◽  
The State ◽  
Distinctive Features ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
Criminal Legislation

The work indicates that the Russian Federation is improving the norms of criminal legislation aimed at countering acts that infringe on public relations, ensuring the interests of the state, public service and service in local government bodies. However, the analyzed offences – abuse of authority (article 285 of the Criminal Code of the Russian Federation) and excess of authority (article 286 of the Criminal Code of the Russian Federation) contain such effects as a significant violation of rights and legitimate interests of citizens, organizations or legally protected interests of society or the state, which emphasizes their public danger. While analyzing these compositions of acts, we indicate both general and distinctive features. It is emphasized that the problem of their differentiation is expressed, first, in the fact that their technical and legal design is based on evaluation features, and second, on the basis of the existing distinctive features, the same act in different cases is qualified differently – under article 285 of the Criminal Code of the Russian Federation or under article 286 of the Criminal Code of the Russian Federation. We divine that in matters of the types of crimes qualification under consideration, it is of paramount importance to establish the limits of authority, the motive for committing the crime, as well as the connection with official activities.

COMPARATIVE LEGAL ANALYSIS OF THE BREACH OF DUTIES OF THE JUVENILE PERSON UPBRINGING IN THE CRIMINAL LAW SYSTEMS OF RUSSIA AND INDIVIDUAL FOREIGN COUNTRIES

2020 ◽  
Vol 10 (6) ◽  
pp. 159-167
Author(s):  
SVETLANA POMNINA ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Holistic View ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

Objectives: Particular issues of comparative analysis of the liability regulation for the breach of duties of the juvenile person upbringing in the criminal law systems of Russia and foreign countries are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norms specified in the Article 156 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: Comparative legal study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of personal actions that consists in breach of duties of the juvenile person upbringing under the Russian criminal code. This reason demands a competent scientific and legal assessment upon the experience of their legal regulation in the norms of foreign criminal law. Conducted comparative analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility for committing a crime under article 156 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Within the framework of this article, a change of the norm wording of the Article 156 of the Criminal Code of the Russian Federation would be justified by the need to implement the particular provisions of the criminal legislation of individual foreign countries. Therefore, this action will help to increase the effectiveness of its application. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.

COMPARATIVE ANALYSIS OF THE LEGAL REGULATION OF CITIZENS' RIGHTS AND FREEDOMS UNDER THE CONSTITUTION OF THE USSR OF 1936 AND THE CONSTITUTION OF THE RUSSIAN FEDERATION OF 1993

2020 ◽  
Author(s):  
Victoria Akimova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Stages Of Development ◽  
Common Features ◽  
The Past ◽  
The Russian Federation ◽  
The Common

The evolution of legislative thought, the study of the stages of development of the USSR, and later Russia, is impossible without knowing the stages of evolution of legislative thought in the past. It is necessary to understand what tremendous work was done to create and adopt the Constitution of 1993. The purpose of this article was to highlight the common features and differences between the norms of the Constitution of the USSR in 1936 and the Constitution of the Russian Federation in 1993.

scholarly journals COMPARATIVE ANALYSIS OF NONVIOLENT SEXUAL ABUSE OF MINORS UNDER THE CRIMINAL LEGISLATION OF RUSSIA AND LATVIA

2016 ◽  
pp. 0-0
Author(s):  
Инга Пантюхина ◽  
Inga Pantyukhina ◽  
Любовь Ларина ◽  
Lyubov Larina
Keyword(s):  
Sexual Abuse ◽  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Sexual Activities ◽  
Quality Of Protection ◽  
Sexual Contacts ◽  
The Russian Federation ◽  
Criminal Legislation

The article conducts comparative research of criminal laws of Latvia and Russia regarding protection of sexual inviolability of minors. It reveals strengths and weaknesses of laws in both countries. The comparative analysis shows that the Latvian legislation contrasts favorably in regulation of all forms of nonviolent sexual contacts by a full age person with a person under the age of sixteen years as part of single corpus delicti; in legal interpretation of sexual abuse, in establishment whether it is violent or non violent, specification of their modus operandi. The Criminal Code of the Russian Federation better regulates a victim’s age in nonviolent sexual abuse of minors (12—16 years); the Code recognizes persons under the age of twelve years helpless; it differentiates criminal liability within the qualified offence. In Latvia the system of punishments for these crimes is more logical, whereas in Russia they are excessively differentiated that leads to the absence of demand for the upper limits of sanctions. The authors pay special attention to the rule of the Latvian Criminal law providing responsibility for inducement to sexual activities. There is no similar structure in the Criminal Code of the Russian Federation therefore such offences often remain nonpunishable. In conclusion the authors note that mutual use of the revealed positive moments of the studied norms can raise the level and quality of protection of sexual inviolability of younger generation in both countries.

scholarly journals Public calls for criminal offenses in Ukraine and some European countries

2021 ◽  
Vol 1 (15) ◽  
pp. 51-75
Author(s):  
Mykola Anatoliiovych Rubashchenko
Keyword(s):  
General Scheme ◽  
Criminal Code ◽  
European Countries ◽  
Theoretical Research ◽  
The Czech Republic ◽  
Common Features ◽  
Criminal Offenses ◽  
Legal Nature ◽  
Criminal Legislation ◽  
Universal Norm

The article provides a comparative analysis of the criminal legislation of Ukraine and some European countries in terms of criminalization of public culls to commit criminal offenses. The criminal codes of Austria, Switzerland, Germany, Italy, France, Poland, Slovakia, the Czech Republic and Romania have been studied. First, the system of norms on public calls in the current Criminal Code of Ukraine, the legal nature and legal features of public calls as such are outlined. Then the general scheme of public calls as an information act is given. There is a opposition of public calls as an independent act and incitement as a kind of complicity. The introduction of a new term «subsequent crimes» is justified, which will simplify theoretical research and the application of relevant norms in practice. Common features of criminalization of public calls in the named European countries are established. Their differences from the Ukrainian version of regulation are determined. They provide for universal types of public calls. These are public calls to criminal offenses in general. Less often, these are calls only to crimes of a certain gravity or a certain type. However, along with the universal norm, there are special norms. In addition, the article draws attention to the following: a) the degree of punishment of public calls, that is, the penalties contained in sanctions, b) the differentiation of responsibilities (aggravating circumstances), c) the application of the law in space. The wording of the article of the new Criminal Code of Ukraine is proposed, which will provide universal public calls to commit crimes (any crime). The preservation of certain special types of public calls is also argued.

Sign in / Sign up

Export Citation Format

Share Document