scholarly journals CRIMINAL RESPONSIBILITY FOR VIOLATION OF THE REGULATIONS OF TRAFFICKING OF DRUGS AND PSYCHOTROPIC SUBSTANCES (ARTICLE 2282 OF THE CRIMINAL CODE OF RF): PROBLEMS OF PENALIZATION AND PURPOSE OF PUNISHMENT

2019 ◽  
Vol 32 (4) ◽  
pp. 129-135
Author(s):  
T.V. Altunin ◽  
◽  
V.N. Voronin ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Psychotropic Substances

Improving of Legislation Establishing the Responsibility of Convicted Persons Recognized as Drug Addicts for Evading the Obligation Imposed on Them by the Court to Undergo Drug Treatment and Medical and (or) Social Rehabilitation

2020 ◽  
Vol 12 ◽  
pp. 92-99
Author(s):  
S. L. Babayan ◽  
◽  
I. A. Lakina ◽  
L. P. Pitkevich ◽  
◽  
...  
Keyword(s):  
Drug Treatment ◽  
Drug Addiction ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Drug Addicts ◽  
Psychotropic Substances ◽  
Social Rehabilitation ◽  
Short Period ◽  
The Russian Federation

Fixing norms in the criminal law sentencing a person who has been drug addicts, according to which the court along with certain types of punishments not related to imprisonment, can lay on a sick addiction a duty to undergo treatment for drug and medical and (or) social rehabilitation, and monitoring of specified governmental prisoners has been stipulated in article 72.1 of the criminal code, introduced by Federal law No 313FZ of 25 November 2013. This provision in the criminal legislation of the Russian Federation was the result of the state's response to a significantly increased number of people suffering from this disease and the need to counteract these processes. This measure of influence on convicts in the criminal, criminal procedure and criminal enforcement legislation of the Russian Federation for such a short period has become firmly established in judicial and criminal enforcement practice, in this connection, the need to improve the effectiveness of its appointment, execution and detention is being updated. In this regard, a study was conducted on the organization and implementation of control over the execution of convicts' obligations to undergo drug treatment and medical and (or) social rehabilitation, during which a survey was conducted of employees of the FKU UII and their branches in 28 territorial bodies of the Federal penitentiary service of Russia. As a result, research has shown that the majority of employees agree that it is necessary to provide for a provision in the penal enforcement legislation that a convicted person is considered to be evading treatment for drug addiction and medical and (or) social rehabilitation if, without refusing to undergo them, he does not visit or voluntarily left a medical institution and a medical or social rehabilitation institution, or twice failed to comply with the prescriptions of the attending doctor, or continues to use narcotic drugs or psychotropic substances or new potentially dangerous psychoactive substances. It is also important to note that in the case of malicious evasion of a convicted person recognized as a drug addict from the obligation to undergo treatment for drug addiction and medical and (or) social rehabilitation, such a convicted person should be brought to criminal responsibility.

Responsibility for illegal issuance of counterfeit of prescriptions or other documents that entitle to acquisition of narcotic means or psychotropic substances under article 233 of the Criminal Code of the RF

Narkokontrol ◽  
2014 ◽  
Vol 3 ◽  
pp. 16-27
Author(s):  
Aleksandr Vyacheslavovich Fedorov ◽  
◽  
◽  
Keyword(s):  
Drug Abuse ◽  
Russian Federation ◽  
Subject Matter ◽  
Statistical Data ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
The Russian Federation ◽  
Direct Objects ◽  
Objective Side

The article considers issues of criminal responsibility under article 233 of the Criminal Code of the Russian Federation for illegal issuance or counterfeit of prescriptions or other documents that entitle to acquisition of narcotic means and psychotropic substances. At that the author substantiates that article 233 of the Criminal Code of the RF provides for responsibility for two independent crimes: 1) illegal issuance of prescriptions or other documents that entitle to acquisition of narcotic means and psychotropic substances, 2) counterfeit of prescriptions or other documents that entitle to acquisition of narcotic means or psychotropic substances; analyses elements of the said crimes that means that they differ by additional direct objects, subject-matter, objective side and subject. The author presents statistical data for the period of 1997–2013 on registered crimes provided for by article 233 of the Criminal Code of the RF; notes the tendency for depenalization with regard to actions provided for by article 233 of the Criminal Code of the RF. Beyond that the article analyses causes of introduction into the Criminal Code of the RF of a special article providing for responsibility for illegal issuance or counterfeit of prescriptions or other documents that entitle to acquisition of narcotic means and psychotropic substances. The conclusion is made that basic reasons for that were development of drug abuse situation and execution of obligations on international antidrug contracts that Russia is a participant.

CRIMINAL RESPONSIBILITY FOR LEGALIZATION OF CRIMINAL INCOME: TO THE QUESTION OF THE SUBJECT OF CRIMINAL INFRINGEMENT

2020 ◽  
Vol 1 (3) ◽  
pp. 102-107
Author(s):  
Yu. S. ZHARIKOV ◽  
◽  
MAHIR BAYRAM OGLU AHMEDOV ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Subject

The article focuses on the characteristics of the subject of crimes under Art. 174.1 of the Criminal Code. Based on the analysis of applicable international, domestic and foreign legislation, as well as materials of judicial practice, the author determines the essential features of property acquired by a person as a result of a crime.

ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN YANG TIMBUL DARI HUBUNGAN SEWA MENYEWA MOBIL DIKAITKAN DENGAN PASAL 372 KUHP

2016 ◽  
Vol 2 (2) ◽  
pp. 201-216
Author(s):  
Hurip Agustina ◽  
Dadang Suprijatna ◽  
Aal Lukmanul Hakim
Keyword(s):  
Rule Of Law ◽  
Criminal Responsibility ◽  
Bottom Layer ◽  
Criminal Code ◽  
Public Prosecutor ◽  
Criminal Offense ◽  
The Rule Of Law ◽  
The Public ◽  
Criminal Offenses ◽  
Car Rental

Crime embezzlement car rentals are lately often devastating car rental owner. This is an issue where the meaning of a rule of law if the crime committed community can not be followed by the rule of law, such as crimes by way of evasion is one of the types of crimes against human wealth which is stated in Article 372 of the Criminal Code, which is a crime that does not exist inexhaustible, both from the bottom layer to the top layer of society can also be committing a criminal act embezzlement is a crime that originated from the existence of a trust in others, and that trust is lost because of the lack of an honesty. It is stated that the crime of embezzlement have a problem that is closely linked to attitudes, moral, mental, honesty and trust humans as individuals. The purpose of this study are as follows: 1) To determine and analyze the occurrence of the crime of embezzlement car rental. 2) To know and analyze the application of Article 372 of the Criminal Code the crime of embezzlement in the rental car. 3) To know and analyze the efforts of the police in preventing crime of embezzlement car lease. This study uses normative juridical approach that is used to make the description clear, systematic, transparent and precise about the facts / specific nature of the area and population which is then analyzed to obtain the desired facts. Criminal offense embezzlement rental car can be imprisoned if they meet the overall elements of the offenses charged by the public prosecutor and the offender accountable for his actions. If the offender does not meet one of the elements of which the accused, then it can not be convicted. The elements of criminal responsibility are: 1) committing illegal or criminal acts; 2) for the criminal should be able to be responsible; 3) to have a fault; 4) absence of an excuse. The conclusion from this study is the adoption of Article 372 of the Criminal Code in criminal offenses of embezzlement car rental where the incidence of criminal acts committed tenants for the rented goods belonging to the owner of the rental rights because of misuse or abuse of trust in which the crime of embezzlement are set in the provisions of Article 372 of the Criminal Code.

Moral and Criminal Responsibility in Plato'sLaws

2009 ◽  
Vol 103 (3) ◽  
pp. 456-473 ◽  
Author(s):  
LORRAINE SMITH PANGLE
Keyword(s):  
Restorative Justice ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Practical Work ◽  
The Political ◽  
Retributive Punishment ◽  
Ordinary Citizens

In his most practical work, theLaws, Plato combines a frank statement of the radical Socratic thesis that virtue is knowledge and vice involuntary with a prudential acceptance of the political community's need for retributive punishment. This paper examines theLaws'statements of principle regarding responsibility and punishment and compares these with the actual criminal code proposed in Book 9. The result is to show how a radical philosophic insight can be adapted to make ordinary citizens more gentle, thoughtful, and humane without sapping their moral commitments. Lessons are drawn from theLawsfor the contemporary restorative justice movement.

scholarly journals MEDICAL WORKERS' LIABILITY FOR CRIMES IN THE FIELD OF TRAFFICKING OF NARCOTIC PRODUCTS UNDER ARTICLE 320 OF THE CRIMINAL CODE OF UKRAINE

2021 ◽  
pp. 19-23
Author(s):  
R. Grinyuk ◽  
B. Kindyuk
Keyword(s):  
Health Care ◽  
Criminal Liability ◽  
Criminal Activity ◽  
Criminal Code ◽  
Psychotropic Substances ◽  
Health Care Institutions ◽  
Criminal Offenses ◽  
Medical Institutions ◽  
Wide Range ◽  
Narcotic Drugs

The article considers the peculiarities of criminal liability of employees of health care institutions for violation of the provisions of Art. 320 of the Criminal Code of Ukraine, which consists of two parts, which differ in the ways (forms) of committing criminal offenses and limits of liability. The methodological basis of the study includes logical-semantic method, by which the types of methods (forms) of committing criminal offenses under Art. 320 of the Criminal Code of Ukraine are studied; a systematic approach, on the basis of which the author analyses the sequence of actions of employees of investigative bodies in the investigation of crimes on the grounds of criminal activity provided for in the provisions of this article. It is established that Art. 320 of the Criminal Code of Ukraine consists of two parts and provides for a wide range of criminal offenses, in particular the cultivation of sleeping poppy or hemp; violation of the rules of production, manufacture, storage, accounting, release, distribution, trade, transportation, shipment or use of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances; theft, misappropriation, extortion of narcotic drugs, psychotropic substances, their analogues or precursors, or their acquisition by fraud or abuse of office by an official, etc. It is shown that the disposition of Art. 320 of the Criminal Code of Ukraine has a blanket nature, which requires specification of its provisions in other regulations, including orders, instructions, rules. It is emphasized that employees of medical institutions and health care institutions must clearly know the content of the resolution of the Cabinet of Ministers № 770 "On approval of the list of narcotic drugs, psychotropic substances and precursors" from 06.06.2000, the order of the Ministry of Health № 188 "On approval of tables of small, large and especially large amounts of narcotic drugs, psychotropic substances and precursors that are in illicit traffic" from 01.08.2000, which will significantly help them to avoid offenses related to drug trafficking. Special attention should by paid to compliance with the rules of storage, transfer, accounting, release, distribution, trade, transportation, as well as the introduction of drug logs. The article also shows the sequence of actions of employees of investigative bodies during crime investigation on grounds of the criminal activity provided by Art. 320 of the Criminal Code of Ukraine.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

scholarly journals The Establishment of Criminal Responsibility for Retail Sale of Alcoholic Products to Minors: An Analysis of the Feasibility

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Integrated Approach ◽  
Criminal Code ◽  
Retail Trade ◽  
Retail Sale ◽  
Existing Problems ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.

Sign in / Sign up

Export Citation Format

Share Document