scholarly journals Trends and Prospects for legislative regulation of legal responsibility for environmental offenses in BriCs Countries: Comparative law

2019 ◽  
Vol 6 (1) ◽  
pp. 82-101 ◽  
Author(s):  
A. Anisimov ◽  
Ju. Kayushnikova
Keyword(s):  
Environmental Protection ◽  
Geographical Location ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Positive Experience ◽  
Legal Analysis ◽  
Negative Consequences ◽  
Environmental Legislation ◽  
National Legislation ◽  
Brics Countries

This article provides a comparative analysis of the features of the national legislation of the BRICS countries that regulates the issues of legal responsibility for environmental offenses. The authors consider aspects of the normative consolidation of the rights and obligations of citizens in the field of environmental protection, the types of legal liability and the applicable sanctions for violations of environmental standards provided for by the national legislation of all BRICS countries. The study of the environmental legislation of the BRICS countries (Brazil, Russia, India, China and South Africa) reveals a number of general and specific directions in environmental policy with the aim of enriching the said countries with positive experience, overcoming difficulties in the organization of environmental management and environmental protection, the prevention of possible errors in the context of global economic and environmental crises, and making recommendations for environmental improvement. Improving the legislation of the BRICS countries in the field of legal liability for environmental offenses by taking into account the positive experience of these countries will help increase the effectiveness of prevention and rectification of negative consequences for the environment in both the Russian Federation and the BRICS association as a whole. Consequently, a comparative legal analysis of national environmental legislation of BRICS countries suggests that the general principles of responsibility for environmental offenses are inherent in all these countries, despite their fundamental differences in history, culture and geographical location.

scholarly journals Tackling Environmental Crimes in Russia: Problems and Prospects from the Viewpoint of Building an Environmental and Legal Culture

2019 ◽  
Vol 13 (1) ◽  
pp. 114-124
Author(s):  
Aleksandr Ivanov
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Legal Culture ◽  
Legal Liability ◽  
Environmental Legislation ◽  
Sociological Study ◽  
Nature Protection ◽  
The Public ◽  
Protection Legislation ◽  
Environmental Crimes

The author presents a brief historical overview of the institute of environmental-legal liability in Russian and foreign legislation and examines the relevance of introducing the concept of environmental-legal liability; the author also analyzes the discussion on including in Russian and foreign legislation a system of criminal law liability measures for crimes connected with the use of natural resources and environmental protection. The author examines views of Russian and foreign authors on the process of building environmental legislation and notes that it faces various problems. The greatest problem is that the public conscience is not ready for criminal law prohibitions in the environmental sphere, which leads to a high number of offences, the inability of law enforcement bodies to effectively use criminal law measures against people who have violated the nature protection legislation, the latent character of this group of crimes, the absence of unity and consistency in the actions of lawmakers, especially regarding the adoption of environmental normative legal acts at different levels. The author suggests replacing some concepts and norms used in Russian criminal legislation and changing the classification of environmental crimes. He uses the methods of comparative law to analyze the experience of creating a codified normative legal act in the sphere of nature protection. The author concludes that it is too early now to adopt an environmental code in Russia, that the legal system is not ready to build the institute of environmental legal liability and that it is necessary to develop environmental legislation through the traditional method – by including the corresponding rules in the acts of different branches of law. He examines the correlation between the existing administrative and criminal legal prohibitions and concludes that in some cases such prohibitions merge in public consciousness. The author states that the object of crime in the sphere of environmental protection is often multifaceted and complex. He presents the results of a sociological study and concludes that it is necessary to build a system of criminal law prohibitions that corresponds to the public needs and the existing level of legal culture of the people.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

scholarly journals Оn the problems of understanding the category «sanction» in the theory of law and branch jurisprudence

2021 ◽  
Vol 66 ◽  
pp. 288-293
Author(s):  
T.V. Mikhailina ◽  
Yu. Gotsulyak ◽  
А. Gel
Keyword(s):  
Legal Liability ◽  
Legal Norm ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Negative Consequences ◽  
Structural Element ◽  
Theoretical Approaches ◽  
Theory Of Law ◽  
Definition Of ◽  
Restrictive Measures

The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.

scholarly journals Is There Material Liability of Workers and Employees as a Type of Legal Liability in Contemporary Russian Law and Legislation?

SIASAT ◽  
2021 ◽  
Vol 6 (1) ◽  
pp. 9-20
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Relations ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Negative Consequences ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
Legal Coercion ◽  
Labor Legislation ◽  
Law And Legislation

The subject of this article is the social relations regulated by the legal institution of material responsibility of workers and employees. The purpose of the article is the argumentation of the position according to which material liability does not have the status of legal liability. To achieve this goal, the following tasks were implemented: 1) the positions of the overwhelming number of supporters - theorists of law and scientists of labor law - were considered - recognition of material responsibility as one of the types of legal responsibility, along with criminal law, administrative law, etc., which is interpreted as compensation for harm caused to a worker or employee to an enterprise (organization, institution): 2) the views of scientists (Anatoly Borisovich Vengerov, Mikhail Mikhailovich Rassolov, Magomed Imranovich Abdulaev), who do not recognize material responsibility as a type of legal responsibility, have been analyzed; 3) analyzed approaches to understanding legal responsibility; 4) the author's position of understanding legal responsibility and its signs is given, focusing on such as the onset of negative consequences, imposing new additional duties on the offender; 5) the problem of correlation of legal liability measures and protection measures is considered. In conclusion, it is concluded that the identification of measures of legal responsibility and measures of protection have led, first, to an incorrect definition of civil liability, with which material liability is often compared; secondly, the controversial allocation of both the legal function of legal responsibility and material responsibility as a kind of legal responsibility, which, despite its consolidation in labor legislation, in our opinion, in its essential and substantive characteristics refers to protection measures. The scientific article also emphasizes that the problem of distinguishing between legal liability and protection measures is extremely important for law enforcement entities, who must adequately understand what measures of state-legal coercion they apply, which thereby realize their goals. At the same time, they should keep in mind that in practice the named types of state legal coercion are often applied simultaneously (for example, a civil suit in criminal proceedings).    

scholarly journals CURRENT TRENDS IN THE SPHERE OF LEGAL RESPONSIBILITY OF PUBLIC SERVANTS, SERVICE LAW OF UKRAINE AND THEIR CRITICAL ANALYSIS

2021 ◽  
pp. 61-68
Author(s):  
O. I. Mykolenko ◽  
О. M. Mykolenko
Keyword(s):  
Critical Analysis ◽  
Negative Impact ◽  
Criminal Liability ◽  
Legal Liability ◽  
Administrative Law ◽  
Legal Responsibility ◽  
Material Damage ◽  
Public Servants ◽  
National Legislation ◽  
Current Trends

The article provides a critical analysis of current trends in the sphere of legal liability of civil servants and the sphere of employment law of Ukraine. It is established that the inconsistency and incompleteness of the national legislation on public service has a negative impact on the effectiveness of legal liability of public servants. A small number of works in administrative law which, firstly, solve the conceptual problems of administrative law, and secondly, combine knowledge of the theory of law, the science of administrative law and the work of other branches of science. It is concluded that official law should be considered as an institution of administrative law, which has a cross-sectoral nature. The legal responsibility of public servants is a sub-institute of service law of Ukraine. The cross-sectoral nature of service law is due to the fact that today it combines the rules of administrative, constitutional, labor, civil and criminal law. It was found that the content of national legislation allows to distinguish the following types of legal liability of public servants: 1) disciplinary liability, which is regulated mainly by the rules of administrative law; 2) disciplinary liability, which is regulated by labor law; 3) administrative liability, which is regulated by the rules of administrative tort law; 4) material liability, which today is partially regulated by the rules of administrative law (we are talking about the procedure for voluntary compensation for material damage) and mainly by the rules of civil law (we are talking about the procedure for forced compensation for material damage); 5) criminal liability, which is provided by the norms of criminal and criminal procedural legislation. It is established that the legal liability of public servants can only be retrospective, that is, used only for the commission of illegal acts by these employees. Arguments are given regarding the lack of positive responsibility of public servants. The use of this concept in the scientific literature is due only to the reluctance of scientists to break away from the archaic ideas about the structure of the rule of law, legal sanctions and incentives.

FEATURES OF CIVIL LIABILITY AS A TYPE OF LEGAL LIABILITY

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов
Keyword(s):  
Public Relations ◽  
Civil Liability ◽  
Legal Liability ◽  
Point Of View ◽  
Legal Responsibility ◽  
Legal Analysis ◽  
Characteristic Features

Статья посвящена правовому анализу гражданско-правовой ответственности с точки зрения отнесения ее к одному из видов юридической ответственности, а также характеристике ее специфики. Институт юридической ответственности является необходимым механизмом регулирования общественных отношений. В рамках данного механизма выделяется своей спецификой и гражданско-правовая ответственность. Отдельно в статье приводятся доктринальные позиции ученых-цивилистов относительно формулировок гражданско-правовой ответственности. В качестве заключения по настоящему исследованию перечисляются характерные черты гражданско-правовой ответственности и приводятся элементы, отражающие специфику гражданско-правовой ответственности. The article is devoted to the legal analysis of civil liability from the point of view of its attribution to one of the types of legal liability, as well as the characteristic of its specificity. The Institute of legal responsibility is a necessary mechanism for regulating public relations. Within this mechanism, civil liability is also distinguished by its specificity. Separately, the article presents the doctrinal positions of civil scientists regarding the wording of civil liability. As a conclusion to this study, the characteristic features of civil liability are listed and elements reflecting the specifics of civil liability are provided.

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

SOME MEASURES OF LEGAL RESPONSIBILITY FOR CORRUPTION OFFENSES IN THE LAW OF THE MOSCOW STATE OF THE XV-XVI CENTURIES

2020 ◽  
pp. 67-71
Author(s):  
Любовь Евгеньевна Логунова
Keyword(s):  
Corporal Punishment ◽  
Criminal Responsibility ◽  
Legal Liability ◽  
Legal Responsibility ◽  
Historical Period ◽  
Legal Interpretation ◽  
Present Stage ◽  
Legal Documents ◽  
Time Period ◽  
Russian Law

В статье автором проводится анализ законодательных памятников права Московского государства XV-XVI вв. и публично-правовых грамот. Выявляется проблема отсутствия законодательного закрепления таких понятий, как «коррупция», «коррупционное правонарушение». Предпринимается попытка определения данных понятий. Сравнивается понимание указанных явлений в XV-XVI вв. с современной правовой интерпретацией. Анализируются и раскрываются основные аспекты и особенности коррупционных правонарушений, характерные для периода Московского государства. Перечисляются меры противодействия коррупции на современном этапе и в рассматриваемом временном периоде. Изучаются не только такие известные памятники российского права, как судебники, но также и иные источники права периода XV-XVI вв. Перечисляются и раскрываются меры юридической ответственности за совершение коррупционных правонарушений. Дается краткая характеристика видам юридической ответственности, применяемым за совершение коррупционных правонарушений. Подчеркивается тяжесть уголовной ответственности, которую несли низшие судебные чиновники за совершение коррупционных правонарушений. Автор обращает внимание на то, что законодатель рассматриваемого периода придавал большое значение борьбе с чиновничьим произволом на местах. В ходе исследования автор приходит к выводу о том, что расширение видов мер юридической ответственности за коррупционные правонарушения, назначение тяжких телесных наказаний за совершение такого рода деяний не привело к искоренению коррупции в рассматриваемом историческом периоде. In the article, the author analyzes the legal monuments of the Moscow state of the XV-XVI centuries and public legal documents. The problem of the lack of legislative consolidation of such concepts as «corruption», «corruption offense» is revealed. An attempt is made to define these concepts. The understanding of these phenomena in the XV-XVI centuries is compared with the modern legal interpretation. The main aspects and features of corruption offenses typical for the period of the Moscow state are analyzed and disclosed. Measures to counteract corruption at the present stage and in the considered time period are listed. We study not only such well-known monuments of Russian law as sudebniki, but also other sources of law from the XV-XVI centuries the measures of legal responsibility for committing corruption offenses are Listed and disclosed. A brief description of the types of legal liability applied for corruption offenses is given. The author emphasizes the severity of the criminal responsibility that was borne by lower judicial officials for committing corruption offenses. The author draws attention to the importance that the legislator of the period under review attached to the fight against official arbitrariness on the ground. In the course of the study, the author comes to the conclusion that the expansion of the types of measures of legal responsibility for corruption offenses, the appointment of heavy corporal punishment for committing such acts did not lead to the eradication of corruption in the considered historical period.

On Functional Purpose of Legal Liability

SIASAT ◽  
2021 ◽  
Vol 6 (3) ◽  
pp. 126-136
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Legal Liability ◽  
Legal Responsibility ◽  
Protection Measures ◽  
Functional Purpose

The general theoretical and sectoral aspects of the problem of the functions of legal responsibility are considered. The author proceeds from the fact that the main methodological mistake of supporters of the restorative function of legal responsibility is that they often identify measures of legal responsibility and protection measures.

Administrative and legal mechanisms for combating corruption

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nataliia A. Lytvyn ◽  
Olena V. Artemenko ◽  
Svitlana S. Kovalova ◽  
Maryna P. Kobets ◽  
Elena V. Kashtan (Grygorieva)
Keyword(s):  
Design Methodology ◽  
International Experience ◽  
Legal Regulations ◽  
Positive Experience ◽  
Legal Analysis ◽  
Content Type ◽  
Current State ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
Practical Implications

Purpose The purpose of this paper is to study the administrative and legal mechanisms of combating corruption, namely, to determine the means by which it is possible to develop a positive experience in the fight against corruption. Design/methodology/approach Among the methods used to study the problems of the stated subject, the dialectical, comparative-legal, systems, historical and legal, formal and legal, analysis and synthesis can be distinguished. Findings The authors investigated the experience of foreign countries in combating corruption and suggested implementing international experience in national legislation for the successful fight against corruption. In the course of the study, the current state of legal regulations governing anti-corruption activities was characterised, corruption and the main reasons for committing corruption acts were investigated, the problems that arise in the fight against corruption were identified, the main administrative and legal mechanisms for combating corruption were established and the effectiveness of applying these mechanisms in practice was studied. Practical implications The provisions that are enshrined in this paper are of practical value for individuals whose activities are aimed at fighting corruption, as Ukraine is one of the states where corruption flourishes and where the fight against corruption has not been directly implemented in practice for many years. Originality/value Based on the example of international experience in the fight against corruption, proposals and recommendations for improving administrative and legal mechanisms for combating corruption have been developed.

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