scholarly journals Chain of Causation: Omission Committed by the Obligor

2020 ◽  
Vol 2020 (3) ◽  
pp. 278-286
Author(s):  
Vladislav Radov
Keyword(s):  
Law Enforcement ◽  
Causal Relationship ◽  
Criminal Law ◽  
Golden Rule ◽  
Dialectical Materialism ◽  
Judicial Practice ◽  
Relativistic Approach ◽  
Research Questions ◽  
Medical Examinations ◽  
The Relationship

The article deals with theoretical and law-enforcement problems of establishing the chain of causation in crimes of omission committed by the obligor. The doctrine of criminal law developed an unambiguous philosophical understanding of causality within the framework of dialectical materialism. However, such scientists as Prof. V. B. Malinin and Prof. Z. B. Soktoev came to polar conclusions about the absence and presence of a causal relationship in cases of criminal omission. The author criticizes the so-called golden rule of causality in cases of omission and the comprehensive reason for omission. He believes that omission cannot be recognized as a condition of an antisocial result. The author uses the relativistic approach to causality to explain the relationship between the failure to fulfill one's professional or official duties and the resulting antisocial consequence. He proves the conditioning relationship in such situations and states the correlation of causation and condition, as well as the limits of understanding causality as an element of the objective aspect of a crime. Apparently, doctrinal controversies affect the law enforcement. The article introduces the latest judicial practice and positions of the courts on the legal content and legal consequences of establishing an indirect, indirect, and mediated causation chain. The category of causality cannot be used for the purposes of criminal law qualification due to the fact that law and natural science have a different understanding of causation. The research questions the significance of forensic medical examinations in cases of iatrogenic crimes in relation to the causal relationship and their assessment by the court. In this article, the issues of causality are considered only for such cases of omission that presuppose a failure to fulfill professional or official duties in a negligent crime. Therefore, the author does not claim to be exclusive of conclusions and proposals. As Academician V. N. Kudryavtsev said, the configuration of chain of causation depends on the corpus delicti or the type of crime.

scholarly journals PROBLEMS OF ENFORCEMENT OF NORMS PROVIDING RESPONSIBILITY FOR ECOLOGICAL CRIMES 

2019 ◽  
Author(s):  
Т.Л. Магомадова ◽  
З.Л. Магомадова
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Judicial Practice ◽  
Key Points ◽  
Environmental Crimes

В статье рассматриваются уголовно-правовые нормы, содержащиеся в гл. 26 УК РФ, устанавливающие ответственность за экологические преступления с точки зрения определения причин их низкой применяемости в судебной практике. Выделены наиболее актуальные уголовно-правовые проблемы, раскрыт ряд вопросов эффективности применения норм об ответственности за экологические преступления и проиллюстрированы ключевые моменты примерами правоприменительной практики, предложены пути законодательного их разрешения. The article discusses the criminal law contained in Sec. 26 of the Criminal Code, establishing liability for environmental crimes in terms of determining the causes of their low applicability in judicial practice. The most relevant criminal law problems are highlighted, a number of issues of the effectiveness of the application of the rules on liability for environmental crimes are revealed, key points are illustrated with examples of law enforcement practice, and ways to legislatively resolve them are proposed.

scholarly journals Criminal Laws and Judicial Practice in Punishment Imposition to Minors

Russian judge ◽  
2021 ◽  
Vol 2 ◽  
pp. 12-16
Author(s):  
Tatyana I. Egorova ◽  
Keyword(s):  
Law Enforcement ◽  
Crime Prevention ◽  
Criminal Law ◽  
Psychological Characteristics ◽  
Special Consideration ◽  
Secondary Victimization ◽  
Judicial Practice ◽  
Enforcement Officer ◽  
Age Related ◽  
Principles Of Justice

The article is devoted to legislative and law enforcement problems of sentencing minors as special subjects of criminal law relations. In this aspect, to a certain extent, the essential socio-psychological characteristics of the considered category of convicts are analyzed in detail, related to their position dependent on society and incomplete formation of intellectual and volitional qualities. These circumstances assume that they are taken into account while observing the principles of justice and humanism, which make it possible to ensure the proportionality of the measure of criminal law enforcement, the nature and degree of public danger of the crime, the identity of the perpetrator, as well as security from criminal infection and secondary victimization. Special consideration should be given to the characteristics of the perpetrator’s personality, as well as the significance of the sentence imposed for age-related socialization and crime prevention. It is concluded that the orientation of the law enforcement officer to impose punishment that is not associated with isolation from society should be supported by other criminal law institutions that are specially modified for this category of persons.

Differentiation of Еxecution and Сomplicity in the Сommission of a Сrime

2021 ◽  
Vol 5 ◽  
pp. 82-88
Author(s):  
S. S. Nekoz ◽  
Keyword(s):  
Criminal Law ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Documentary Analysis ◽  
Theoretical Approaches ◽  
Special Part ◽  
The Subject ◽  
General Part ◽  
Objective Side ◽  
The Relationship

Problem Statement. The qualification of complicity in a crime is many times complicated by the solution of complex problems associated with the differentiation of the actions of the perpetrator and the accomplice in the crime. Judicial practice demonstrates in this part examples of «overstated» and «understated» qualifications, which naturally reflects not only the objective difficulties of law enforcement, but also the absence of an agreed doctrinal position on the relationship between the actions of the executor and the accomplice. Aims and Objectives of the Research. The article is devoted to finding an answer to the question of the most effective theoretical approaches to the distinction between execution and complicity in a crime, as well as general criteria for such a distinction. Methods. The method of formal-logical interpretation of the criminal law was used in the work; comparative legal analysis; documentary analysis and generalization of judicial practice; content analysis of scientific sources on the research topic. Results, Brief Conclusions. The scientifically established approach, according to which the distinction between performing and abetting actions is investigated primarily as a problem of the general theory of complicity, is based on the use of the construction of the general composition of complicity in a crime and the general composition of certain types of complicity. However, the construction of the general composition is not methodologically intended to solve the qualifying problem of differentiating the actions of accomplices. Therefore, the relevant issue should become the subject of analysis of the Special Part of Criminal Law and be resolved differentially in relation to each separate corpus delicti. The General part of criminal law can offer only the most general approach to the delimitation of execution from complicity, according to which the actions of an accomplice are always located outside the objective side of the execution of the crime.

CONNECTION OF INSURANCE AND MEDICAL LAW IN THE JUDICIAL PRACTICE OF MODERN RUSSIA

2020 ◽  
Author(s):  
N.D. Kobzeva ◽  
◽  
R.S. Durov ◽  
E.V Varnakova ◽  
K.O Kobzev ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Significant Role ◽  
Medical Insurance ◽  
Medical Law ◽  
Judicial Practice ◽  
The Relationship

The article discusses in detail the relationship between insurance and medical law. On the basis of the analysis of normative-legal acts, as well as law enforcement practice, the conclusion is made about the significant role of territorial funds of medical insurance and insurance medical organizations in the protection of the citizen's right to its provision in the system of compulsory medical insurance.

scholarly journals «Use of office position» when committing fraud: problems of application

2021 ◽  
Vol 60 (1) ◽  
pp. 97-104
Author(s):  
Valeria V. Zabrodina ◽  
Anna G. Menshikova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Position Errors ◽  
Judicial Practice ◽  
Official Position ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation

The authors in the article consider the problems of establishing the qualifying feature use of official position when committing fraud. Based on the analysis of the doctrine of criminal law, clarifications of the highest court, materials of specific judicial practice, a circle of subjects related to persons using their official position is determined, as well as the procedure and mechanism for using official position in fraud. According to the results of the study, it is proposed to include in the current resolution of the Plenum of the Supreme Court of the Russian Federation On judicial practice in cases of fraud, misappropriation and embezzlement additional clarifications that reveal the understanding of the content of the sign use of official position. The authors propose to expand the understanding of the subject of official fraud. Such provisions will promote uniformity in law enforcement and helpavoid qualifying fraud using official position errors.

scholarly journals Criminal legal consequences of socially dangerous acts that are not criminal: an overview of judicial practice, law enforcement trends

2018 ◽  
Vol 6 (4) ◽  
pp. 51-55
Author(s):  
Виктория Панарина ◽  
Victoriya Panarina
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Judicial Practice ◽  
Current Trends ◽  
Legal Consequences

The article is devoted to the problems of criminal law consequences of socially dangerous acts that are not criminal (compulsory medical measures and compulsory educational measures). The author conducts a study of judicial practice in this category of cases and draws conclusions about current trends in law enforcement.

scholarly journals About Some Problems of Criminal liability Regulation for Terror Crimes

2018 ◽  
pp. 21-24
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Practice Improvement ◽  
Judicial Practice ◽  
Individual Article ◽  
Financing Of Terrorism ◽  
Criminal Legislation

The article is devoted to the problem of criminal legal responsibility regulation for terror crimes. The authors analyze the legislative design of such crime compositions, provided by Ch. 24 of the current RF Criminal Code, first of all, the novels included in the Criminal Law in 2013 - 2017, the sanctions on criminal law norms, as well as the effectiveness of their implementation in practice. Critical remarks are made and proposals are introduced aimed at criminal legislation, as well as law enforcement practice improvement. The authors raise the problems of punishment imposition for committed crimes, in particular, criticize the legislator’s position on the imposition of less stringent sanctions for more dangerous forms of assistance to terrorists, and on the imposition of stricter sanctions for less dangerous forms of assistance to terrorism. Judicial practice is analyzed with the purpose to reveal the effectiveness of individual article provision application from RF Criminal Code. They performed the comparison of the criminal law revisions, and they analyzed the introduced changes. The authors make specific proposals to amend certain provisions of the criminal law, in particular, on the criminalization of responsibility for the financing of terrorism as an independent crime.

scholarly journals Malfeasances: features of law enforcement.

2020 ◽  
Vol 14 (3) ◽  
pp. 331-337
Author(s):  
M.P. Pronina ◽  
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Assessment ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the problems of law enforcement in the group of malfeasances. Official crimes are most dangerous due to the fact that they undermine the prestige of the authorities and directly violate the rights and legitimate interests of citizens and organizations. In this regard the legislator has established criminal liability for officials who abuse their functional duties. In particular the author studies the problems of qualification arising in the legal assessment of crimes enshrined in Ch. 30 of the Criminal Code of the Russian Federation, due to the highest level of their blanketness and evaluativeness. Examples of judicial and investigative practice on competition issues of general and special rules are given. Difficulties are revealed in the legal assessment of the actions of officials when determining the signs of abuse of office, enshrined in Art. 286 of the Criminal Code of the Russian Federation. Arguments are presented that are a clear demonstration of the fact that the solution to the identified problems of applying the norms of the criminal law lies in the plane of reducing the level of conflict of laws of criminal legislation. Practical proposals are being made to include amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 09.07.2013 No. 24 “On judicial practice in cases of bribery and other corruption crimes” (clause 12.1) and Resolution of the Plenum of the Supreme Court of the Russian Federation dated 16.10.2009 No. 19 “On judicial practice in cases of abuse of office and abuse of office” (p. 21.1). The solution of the stated problems in the field of application of the norms of the criminal law consists in the development of a uniform practice of application of the norms of the Criminal Code of the Russian Federation, reduction of the level of gaps in criminal legislation, the development of methodological and scientific recommendations with the participation of law enforcement officials and scientists, the preparation of draft laws and plenums of the Supreme Court aimed at elimination of gaps and gaps.

Crime, Compurgation and the Courts of the Medieval Church

1983 ◽  
Vol 1 (1) ◽  
pp. 1-26 ◽  
Author(s):  
R. H. Helmholz
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Common Law ◽  
Source Material ◽  
Legal Development ◽  
Medieval Church ◽  
History Of ◽  
The Subject ◽  
The Common ◽  
The Relationship

The history of criminal law has claimed an increasing share of the attention of legal and social historians in recent years. Undeterred by Professor Milsom's verdict that in the area of English criminal law, ‘nothing worthwhile was created,’ historians have plunged into the study of doctrine and practice in the common law courts. The attractions of the source material are undoubtedly great. The law is relatively straightforward, at least compared to land litigation. The cases are interesting and sometimes sensational. The subject matter promises rewards in understanding the relationship between social change and legal development. And the study may even be immediately relevant, shedding light on current law enforcement problems.

scholarly journals Conflict between decision-making subjects that arises during the investigation of careless crimes committed by medical staff

2021 ◽  
Vol 17 (2) ◽  
pp. 9-14
Author(s):  
Elena O. Igonina
Keyword(s):  
Decision Making ◽  
Law Enforcement ◽  
Causal Relationship ◽  
Medical Staff ◽  
Derived Category ◽  
Effect Relationship ◽  
Cause And Effect ◽  
Judicial Practice ◽  
New Process ◽  
Enforcement Activity

The diversity of the interpretation of the cause-and-effect relationship by various subjects of law enforcement activity leads to the birth of an absolutely newthing in itself a new process. Then the causal relationship, being a derived category, acquires a new meaning and a new essence, which leads to its modification, contradictions in judicial practice and conflicts between decision-making subjects.

Sign in / Sign up

Export Citation Format

Share Document