Crimes and Punishments according to Salic and Ripuarian Laws

2021 ◽  
Author(s):  
A.V. Makutchev ◽  
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Middle Ages ◽  
Criminal Law ◽  
Customary Law ◽  
Criminal Offenses ◽  
Social And Economic Development ◽  
Class Status ◽  
Characteristic Features ◽  
Criminal Legislation

The article presents the results of the analysis of the Frankish criminal law main provisions in the Early Middle Ages, namely, the aspects of the application of punishments for the main types of crimes. This analysis was based on the norms of two sources: the Salic Law, which is deservedly considered to be one of the most important barbarian laws, and the Ripuarian Law, which is less studied in domestic historiography, which consolidated the customary law of the Ripuarian Franks. The aim of the study was a comparative analysis of the Salic and Ripuarian laws, aimed at identifying both common characteristics of criminal law for both documents, and features that reflect various aspects of the Salic and Ripuarian Franks social and economic development. In the course of the conducted research, the qualification of the main criminal offenses according to the Ripuarian and Salic Laws was determined, the characteristic features of the criminal legislation fixed by both sources were identified (class status, the predominance of material penalties, etc.). Based on the comparison of the norms of both Laws, the author also concludes that the historical value of the Ripuarian Law is higher than it is commonly believed: while repeating the norms of the Salic Law in some parts, neverthelessб it does not duplicate it, but complements and expands the characteristics of a legal institutions number.

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

The Influence of Christianity on the Development of Institutions of Crime and Punishment in Russia

2015 ◽  
Vol 3 (10) ◽  
pp. 0-0
Author(s):  
Наталия Акимова ◽  
Nataliya Akimova
Keyword(s):  
Criminal Law ◽  
Social Life ◽  
Criminal Behavior ◽  
Customary Law ◽  
Spiritual Support ◽  
Cultural Traditions ◽  
Crime And Punishment ◽  
Christian Religion ◽  
Criminal Legislation ◽  
The Church

The article deals with the issues, related to the problem of correlation between law, religion, morality and cultural traditions in the context of criminal behavior. The article analyses tendencies in determinism of philosophical-religious beliefs developed on the basis of centuries-long experience of Christianity, and their influence on the formation and development of the domestic criminal legislation. In her research the author founds upon such sources as the Statute of Prince Vladimir, the Russian Truth, the Code of Tsar Aleksey Mikhailovich. The author draws the conclusion that throughout the whole period of the Christian religion existence, the church and the state have never stayed apart from each other. The church has had a major impact on various aspects of social life, including formation of the customary law, which was one of the factors that seriously affected the development of the modern criminal legislation. Criminal law and the legislation of the pre-revolution Russia had gone hand-inhand with the Christian religion all the way up through the October Revolution of 1917, always finding from its ally spiritual support and canonic recipes to criminalize certain socially dangerous actions, and also to differentiate responsibility and individualize punishment.

Formation of the consumer economy in Russia

10.12737/2200 ◽  
2014 ◽  
Vol 3 (4) ◽  
pp. 167-174
Author(s):  
Аракелова ◽  
Irina Arakelova
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Manufacturing Industry ◽  
Russian Regions ◽  
Consumer Market ◽  
Final Consumption ◽  
Social And Economic Development ◽  
The World ◽  
Consumer Economy ◽  
Different Levels

The paper presents the analysis of the situation on the Russian consumer market. Tendencies and prospects of the domestic manufacturing industry as a source of forma-tion and development of a consumer economy in Russia are considered. In the article the author provides a comparative analysis of final consumption in Russia and other countries of the world and comes to the following conclusions. In Russia, there is a potential for the formation of consumer economy. But different levels of social and economic development of Russian regions are restriction for the formation of a consumer economy in it.

scholarly journals The Construction Features of Traditional Settlements in the Middle Area of Jiangxi Province Basing on the Analysis of Tangyin Town

2015 ◽  
Vol II-5/W3 ◽  
pp. 69-73
Author(s):  
J. J. Fu
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Building Materials ◽  
Historical Data ◽  
The Other ◽  
Jiangxi Province ◽  
Systematic Examination ◽  
Social And Economic Development ◽  
Similarities And Differences ◽  
Gis Software

Based on general investigations and utilizing GIS software, missing historical data was hypothesized. From the perspectives of social and economic development, this paper tries to find the logic behind the formation and development of traditional settlements. Using systematic examination, the features of the town’s overall layout, courtyard shape and building materials appear. Applying comparative analysis, this paper indicated the similarities and differences between Tangyin town and the other areas of Jiangxi, and add them to the construction logic of the middle area in Jiangxi to make the following construction activities much in order.

scholarly journals Historical aspect of criminal law representations and the system of protection of rights of the indigenous peoples of the North in the territory of Yamal and Yugra

2021 ◽  
pp. 77-86
Author(s):  
Olga Nikolaevna Naumenko ◽  
Valerii Terent'evich Galkin ◽  
Tat'yana Vladimirovna Tkacheva
Keyword(s):  
Indigenous Peoples ◽  
Criminal Law ◽  
General System ◽  
Traditional Culture ◽  
Customary Law ◽  
Historical Aspect ◽  
Legal Norms ◽  
The North ◽  
The Russian Empire ◽  
Criminal Legislation

The subject of this research is the traditional representations of the indigenous small-numbered peoples of the North that reflect the system of punishments and protection of their infringed rights when they commit a crime in a community living by the traditional culture. The article employs the following sources: codes of customary law created in Russia in the XIX century, as well as ethnographic data that include field materials collected by the authors in 2019 – 2020, and published sources that reflect the norms of customary law of the indigenous peoples of the North in the XIX – early XX centuries. The goal of this work consists in revealing the peculiarities of traditional views of the indigenous peoples of the North in the sphere of criminal law relations and protection of the infringed rights. The scientific novelty consists in two aspects: 1) consideration of the so-called “witchcraft component” in analyzing the norms of customary law; 2) use of the General System Theory of L. von Bertalanffy as methodology (synergetic approach). This approach is not usually used for cross-disciplinary historical and legal research; however, allows us understanding the mechanism of transformation of legal norms of the indigenous peoples of the North in the conditions of influence of Russian legislation. The point of bifurcation is the turning periods, when the content of legal views is being changed irrevocably, and the new version is accepted as traditional and consolidated in the customary law. In conclusion, the authors note that in the XIX – early XX centuries, the criminal law representations and mechanism of protection of rights in the traditional culture of the indigenous peoples of the North implied communication with  the spirits and hope for their justice in punishing the criminals. Certain norms of the Russian legislation that are similar to representations of the indigenous peoples of the North, infiltrated into the traditional culture, adapting to the customs; but overall, the criminal legislation of the Russian Empire collided with the views of the aborigines, which entailed the creation of the codes of customary law that were implemented in the judicial practice.

Assessment of the potential of the regional economy and its competitive advantages

2019 ◽  
Vol 39 (2) ◽  
pp. 65-72
Author(s):  
E. A. Ostapenko
Keyword(s):  
Economic Development ◽  
Comparative Analysis ◽  
Regional Economy ◽  
Federal District ◽  
Competitive Advantages ◽  
North Caucasus ◽  
The North ◽  
The Social ◽  
Social And Economic Development ◽  
Southern Russia

The article analyzes the potential for the functioning of the regional economy on the example of the Stavropol Territory. Identifies competitive advantages, and conducts a comparative analysis with the subjects of the North Caucasus Federal District and Southern Russia. Identified the strengths and weaknesses of the social and economic development of the region. The study allowed to determine the direction of development.

KRIVIČNOPRAVNA ZAŠTITA ŽIVOTNE SREDINE U ZAKONODAVSTVU REPUBLIKE SRBIJE I STANDARDI EVROPSKE UNIJE

2021 ◽  
pp. 297-312
Author(s):  
Višnja Randjelović ◽  
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Social Visibility ◽  
Criminal Protection ◽  
Legislative Activities ◽  
Criminal Legislation

With the raising of the social visibility of numerous forms of injury and endangerment of the environment, as well as the raising of people's awareness of the need for wider and more intensive environmental protection, a special group of crimes aimed exclusively at environmental protection is being formulated. Criminal protection of the environment should be viewed through the basic three characteristics of criminal law - its fragmentation, accessory and subsidiarity in order for this protection to be justified and to represent the ultima ratio in environmental protection. This position is taken both in the national criminal legislation and at the level of the European Union, within the framework of whose rich legislative activities in this field the states are again appealed to criminalize and prosecute crimes against the environment, when other measures of social reaction to damage and destruction of the environment does not give satisfactory results. Comparing the criminal offenses against the environment contained in the Criminal Code of Serbia with the actions whose incrimination is proposed within the EU regulations, it can be noticed that the domestic legislation is essentially harmonized with EU law. What remains "uncovered" is criminal law protection against noise, given that noise protection is regulated in domestic legislation within the framework of misdemeanor law.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

2021 ◽  
pp. 181-188
Author(s):  
Serhii Repetskyi
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Educational Process ◽  
Practical Significance ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Special Part ◽  
Illegal Acts ◽  
Definition Of ◽  
Criminal Legislation

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

CROSS-BORDER COOPERATION AS A FACTOR OF DEVELOPMENT OF BORDERING TERRITORIES

2016 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Lesya Hazuda
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Economic Development ◽  
Comparative Analysis ◽  
The European Union ◽  
Balanced Development ◽  
Cross Border ◽  
Carpathian Region ◽  
Social And Economic Development ◽  
Cross Border Cooperation

The paper is dedicated to the role and place of cross-border cooperation in supporting sustainable development of neighboring bordering territories of the Carpathian region and member-states of the European Union. The comparative analysis of the indicators showing social and economic development of the regions of neighboring states from the countries on both sides of the border has been conducted. The ethnic affinity is underlined as an important element of development of cross-border cooperation. The need is substantiated in activation of cross-border cooperation through boosting integration and convergence processes with aim to provide balanced development of bordering territories.

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