CRIMINAL LAW PROTECTION OF CONSTITUTIONAL RIGHTS OF THE INDIVIDUAL, SOCIETY AND THE STATE

2020 ◽  
Author(s):  
V.G. Tatarnikov ◽  
◽  
S.S. Boskholov ◽  
Keyword(s):  
Criminal Law ◽  
The State ◽  
Constitutional Rights ◽  
The Individual

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

On the issue of legal status of spiritual Christians Molokans in the Russian Empire

2020 ◽  
pp. 129-135
Author(s):  
Dmitriy I. Frolov
Keyword(s):  
Public Relations ◽  
Research Methods ◽  
Religious Education ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Regulation ◽  
Russian Empire ◽  
The State ◽  
The Russian Empire ◽  
The Individual

The purpose of this work is to give a brief analysis of the legal status of spiritual Christians Molokans in the Russian Empire, following the dynamics of state legal regulation. The problem of the individual sectarian groups status remains little studied in both domestic and foreign literature, which determines its relevance. We use the following research methods: chronological, problem and analytical. We analyze the norms of administrative and criminal law in force in the 19th - early 20th centuries in the Russian Empire, which regulate the rights and obligations of subjects assigned to the Molokan sect. The analysis showed that the legal impact of the state on the Molokans was repressive and causal throughout most of the studied period. Only the reign of Alexander I was marked by a loyal attitude towards sectarians. After the revolutionary events of 1905, a number of civil and religious freedoms were granted to the Molokans, however, one cannot speak of the religious equality of all subjects during this period. After 1905, specialized acts were passed regulating the procedure for registering communities, holding conventions, organizing religious education, and other areas of public relations.

scholarly journals Scientific approaches to the system of concepts of "national security": international legal aspect

2020 ◽  
Vol 7 (12) ◽  
pp. 70-77
Author(s):  
А. Альван
Keyword(s):  
National Security ◽  
Legal Aspect ◽  
The State ◽  
Constitutional Rights ◽  
External Threats ◽  
Wide Range ◽  
Single Well ◽  
Definition Of ◽  
The Individual

Scientific approaches to the concept of "national security" are systematized in the article. The author substantiates that there are four main approaches to the concept of "national security". The first group - works devoted to the terminological characterization of national security. Another group - the authors define national security because of the state of protection of vital interests, the individual, society and the state against all kinds of threats. The third group is studies that analyze the types of national security, in particular: economic, environmental, financial, personnel, financial, social, etc. These characteristics reflect their socio-political nature, trace the unity of personal, public and state security, developing political and other processes. The fourth group of studies are those that pay attention to problems related to the correct use of the concept of "national security" and the possibility of its replacement. Fifth group - analyzes the interaction and correlation of threats and security.There is no single, well-defined definition of national security today. No matter what approach the authors use, there are different approaches, and in some cases, complications or simplifications of this category.In our opinion, national security should be understood as a state of protection of the individual, society and state against a wide range of internal and external threats, which ensure the realization of citizens' constitutional rights and freedoms, decent quality and standard of living, sovereignty, independence, state and territorial integrity. , sustainable socio-economic development of the state.

scholarly journals PAKISTAN CRIMINAL LAW: A SHORT NOTE

2021 ◽  
Vol 2 ◽  
pp. 26-29
Author(s):  
Aleksey D. Scherbakov ◽  
Keyword(s):  
Criminal Law ◽  
Short Note ◽  
Criminal Code ◽  
The State ◽  
Penal Code ◽  
Islamic Republic ◽  
State And Society ◽  
The Individual

In the article author examines the current Criminal Code of the Islamic Republic of Pakistan - Pakistan Penal Code (PPC) of 1860. A brief analysis of the system of criminal law, its main provisions related to the concept of crime, punishment, certain types of criminal encroachments both on the individual and on the interests of the state and society is given. Also, when presenting the material, the author touches on the problems of the influence of Muslim law on criminal law.

Oddziaływanie współczesnych konstytucji na stosunki między podmiotami prywatnymi

2015 ◽  
Author(s):  
Monika Florczak-Wątor
Keyword(s):  
Research Team ◽  
The State ◽  
Constitutional Rights ◽  
Broad Perspective ◽  
Careful Choice ◽  
Law System ◽  
Individual Function ◽  
State Apparatus ◽  
The Individual ◽  
International Research Team

THE INFLUENCE OF CONTEMPORARY CONSTITUTIONS ON RELATIONS BETWEEN INDIVIDUALS The influence of a constitution on the relations between pńvate parties must be seen in a broad perspective. The wide application of constitutional norms, principles and values, and their penetration into the private law system so that they set standards for the behavior of an individual, significantly broaden the constitutional space in which the State, society, and the individual function. Accepting an opinion on the horizontal application of constitutional rights changes our mode of perception of the constitution, its role, and its functions, as well as the possibility thai il will apply in practice. In this way the constitution ceases to be only a collection of principles describing the organization and functioning of the state apparatus and becomes an instrument for the creation of a democratic society and an axiological point of reference for the valuation of the processes thai take place in this society. The main purpose of our research was the presentation of the range of different solutions adopted on the basis of current constitutions and applied in practice under the heading of the horizontal application of constitutional rights. We wanted to achieve this purpose not only by the careful choice of States, but also by the engagement of researchers from different countries and universities in the realization of the project. Therefore our international research team consists of researchers from Albania, Greece, Ukraine, and Poland, and this leads to the bilingual character of our publication.

Criminal Law Measures to Combat Violent Crimes: International Experience and National Trends

2018 ◽  
Vol 9 (1) ◽  
pp. 352
Author(s):  
Zhandos Bahtybaevich ZHOLZHAKSYNOV
Keyword(s):  
Violent Crime ◽  
Criminal Law ◽  
Modern Society ◽  
Critical Issue ◽  
The State ◽  
Violent Crimes ◽  
Criminal Violence ◽  
Foreign Countries ◽  
The Individual ◽  
Criminal Legislation

The article is devoted to criminal law measures to resist criminal abuses related to violence. In modern society, the protection of individual rights and freedoms is one of the most important tasks. Within this task, the most critical issue is that of protection of the individual from criminal violence by criminal law measures. The problems of violent crime, despite all measures taken by the state and society, do not go into the past, but become relevant for modern society. Without exaggeration, they represent a social disaster that threatens the security of the individual, society and the state. The purpose of the article is to analyze the criminal law methods of combating violent crime, to study the criminal provisions relating to the use of violence in Kazakhstan's national criminal legislation and legislation in a number of foreign countries. The article examines the opinions of scientists on the nature and characteristics of criminal violence, the criminal law of Kazakhstan and the legislation of a number of foreign countries in terms of violent crimes, formulates conclusions and sets out the recommendations for the further improvement of the criminal protection of the individual against violent endeavors. On the basis of an examination of the theoretical material and experience of foreign countries in the field of countering violent crime, the author suggested ways of counteracting the mentioned crime, suggesting further improvement of the criminal legislation of the Republic of Kazakhstan, in the sphere of protecting the individual from criminal violence. The main provisions and conclusions of the article can be used in science and practice in addressing crime prevention, comparative characteristics of the criminal regulations regarding violence in Kazakhstan and foreign countries, as well as the subsequent reform of the criminal law in the field of the physical integrity of the individual.

scholarly journals A Vulnerabilidade do Direito à Intimidade no Espaço das Ferramentas Tecnológicas: Mandados Constitucionais de Proteção do Direito Fundamental à Intimidade por Intermédio do Direito Penal

2016 ◽  
Vol 11 (2) ◽  
Author(s):  
George Sarmento ◽  
Lean Antônio Ferreira de Araújo
Keyword(s):  
Criminal Law ◽  
Evolutionary Process ◽  
The State ◽  
Fundamental Rights ◽  
Mato Grosso ◽  
Democratic State ◽  
De Se ◽  
The Individual ◽  
The Right ◽  
Article 5

A VULNERABILIDADE DO DIREITO À INTIMIDADE NO ESPAÇO DAS FERRAMENTAS TECNOLÓGICAS: MANDADOS CONSTITUCIONAIS DE PROTEÇÃO DO DIREITO FUNDAMENTAL À INTIMIDADE POR INTERMÉDIO DO DIREITO PENAL  THE VULNERABILITY OF THE RIGHT TO INTIMACY IN THE SPACE OF TECHNOLOGICAL INSTRUMENTS: CONSTITUCIONAL WARRANTS FOR PROTECTION OF THE FUNDAMENTAL RIGHT TO INTIMACY THROUGH CRIMINAL LAW  George Sarmento*Lean Araújo**  RESUMO: O direito à intimidade integra o catálogo dos direitos fundamentais de proteção descrito no art. 5º, X, da Carta Constitucional, cuja essência é limitar a ação invasiva do Estado e dos demais indivíduos. No processo evolutivo do Estado é de se destacar a contribuição de Hobbes na formulação do Estado como ente responsável pela preservação dos indivíduos. Este momento instituiu a ruptura do indivíduo como ser que se realiza no outro para o ser empreendedor de seu próprio plano de vida, mas submetidas as ações as regras de condutas. A partir desta concepção absolutista evoluiu-se para a formulação de um Estado com delimitação de tarefas por intermédio de Órgãos autônomos e independentes visando à concretude de direitos de proteção ou defesa, direitos prestacionais e direitos de participação. A existência desse Estado Democrático de Direito e Social, constituído a partir da vontade dos seus indivíduos, exige a proteção dos direitos instituídos, dentre eles, à intimidade, e, para tanto, a própria ordem constitucional fixa mandados constitucionais de criminalização, para excepcionalmente coibir os abusos operados no espaço físico e no espaço das ferramentas tecnológicas, em razão da vulnerabilidade existente. PALAVRAS-CHAVE: Direito à Intimidade. Ferramentas Tecnológicas. Vulnerabilidade. Proteção pelo Direito Penal. ABSTRACT: The right to intimacy integrates the catalog of privacy fundamental rights depicted in article 5 section X of the constitutional charter. Its essence is to limit the invasive action of the State and other individuals. Hobbes had an important role in State evolutionary process concerning the formulation of the State as responsible for individuals preservation. This moment established the rupture of the individual as a being that realizes itself on another, to an entrepreneur of its own life plan, but submitted to actions and rules of conduct. This absolutistic conception evolved to the formulation of a State with tasks bounded by autonomous and independent agencies aiming to concretize the protection or defense rights, benefit rights and social participation. The existence of this Democratic State and social rights established by the will of the individuals, demands the protection of the established rights, such as intimacy, and therefore the constitutional order itself provides criminal warrants to exceptionally restrain misconducts operated in the physical and technological  space, due to existing vulnerability. KEYWORDS: Right to Intimacy. Technological Tools. Vulnerability. Protection through Criminal Law. SUMÁRIO: Introdução 1 A Evolução do Estado no Pensamento Político. 2 A Unidade da Constituição. 3 A Classificação dos Direitos Fundamentais. 3.1 Os Direitos Fundamentais de Proteção. 3.2 Os Direitos Fundamentais Prestacionais. 3.3 Os Direitos Fundamentais de Participação. 4 O Agir Moral em Contexto. 5 O Espaço das Ferramentas Tecnológicas como meio de Ofensa ao Direito à Intimidade. 6 Mandados Constitucionais de Criminalização. 7 Alterações da Legislação Penal. Considerações Finais. Referências.* Pós-doutor pela Université Daix-Marseille, França. Doutor em Direito pela Universidade Federal de Pernambuco (UFPE). Professor do Mestrado do Programa de Pós-Graduação em Direito da Universidade Federal de Alagoas (PPGD/UFAL). Promotor de Justiça.** Acadêmico de Direito da Universidade Federal de Mato Grosso (UFMT). Pesquisador bolsista de Iniciação Científica da Universidade Federal do Mato Grosso do Sul (UFMT) e do Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPQ).

scholarly journals ON THE QUESTION OF THE EXERCISE BY RUSSIAN WOMEN OF THE RIGHT TO FREEDOM OF LABOR

2021 ◽  
pp. 8-11
Author(s):  
A.V. Golovinov ◽  
Yu.V. Golovinova
Keyword(s):  
Civil Rights ◽  
The State ◽  
Constitutional Rights ◽  
State Discrimination ◽  
European Court ◽  
Russian State ◽  
State And Society ◽  
Constitutional Right ◽  
The Individual ◽  
The Right

Within the framework of this publication, the authors analyze some of the problems of the realizationby Russian women of the constitutional right to freedom of labor. The emphasis is placed on the principleof equality as a basic platform that allows women to effectively exercise their right to freedom of work. The authors proceed from the fact that equality as a principle of law is nothing more than the ideal of ajust structure of the state and society, which is characterized by the comprehensive implementation andprotection of human and civil rights and freedoms. Therefore, equality canonizes parity in the relationshipbetween the individual and the state, discrimination on the part of state bodies with this interpretation isexcluded.The article shows that the Russian state, striving to improve the conditions of women’s work, in orderto effectively protect their constitutional rights, creates a system of normative legal acts that fix the list ofprofessions and types of professional work, which women have no right to replace. This, in turn, leads to thelatter’s appeal to the courts, up to the Supreme Court of the Russian Federation and the European Court ofHuman Rights in Strasbourg.

scholarly journals Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

Lex Russica ◽  
2020 ◽  
pp. 62-70
Author(s):  
A. V. Savinskiy
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Code ◽  
The State ◽  
Theory And Practice ◽  
Actual Problem ◽  
Theory Of Law ◽  
The Individual ◽  
The Right

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

Legalità e mutamenti giurisprudenziali nel diritto penale

2021 ◽  
Author(s):  
Andrea Galante
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
The State ◽  
Criminal Offence ◽  
The Past ◽  
Temporal Effect ◽  
European Court ◽  
The Individual

Over the past several years, constitutional, supreme and human rights courts had to deal with the problem of adjudicative retroactivity in criminal law with ever-greater intensity. Following the case Contrada c. Italie, in which the European Court of Human Rights found a violation of the legality principle under Art. 7 due to an unforeseeable retrospective application of a judicially created criminal offence, the issue of citizens’ safeguard upon an overruling occurrence is even more in the foreground. What temporal effect is best given to an unfavorable overruling decision? Should its application be limited to acts and conduct occurring after it or should it operate retrospectively and subject to criminal responsibility those who, acting in reliance on an earlier decision, did only what courts declared to be lawful? A limited prohibition of adjudicative retroactivity in criminal law seems to help foster an up-to-date relationship between the individual and the state.

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