scholarly journals CREATING OF CRIMINAL-LEGAL PRESCRIPTIONS OF PARTICIPATING IN CRIMINAL CODE OF 1845 AND 1903

2017 ◽  
Vol 21 (2) ◽  
pp. 183-189
Author(s):  
A. I. Sitnikova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Prior Consent ◽  
The Law ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Consequences

The paper is devoted to the consideration of the criminal legal regulations of the institution of criminal complicity, which are in the Criminal Code of 1845 and 1903. The author has conducted a comparative analysis of the legal provisions on criminal complicity and revealed some peculiarities of the legislative technique of constructing normative prescriptions on the criminal complicity in the legislation of the classical school of criminal law. The author also notes that the technique of constructing an institution of criminal complicity in the criminal legislation of the ХIХ-beginning of the XX century has long history and features of the development. The author notes that, unlike the Decree on punishments of criminal and executive 1845, in which there is no definition of complicity, the Criminal Code of 1903 contains a norm in which the signs of complicity in a crime are indicated. In the Decree of 1845 the legislator singled out two forms of complicity: complicity with prior consent and complicity without prior consent. Legislation on the forms of complicity in the Code of 1903 has been improved through the consolidation in the law of two more forms: participation in the community and complicity in the gang. At the same time, the normative text of the Code of 1845 is extremely difficult to formulate because there is no clarity, compactness. Besides there are repetitions and contradictions in the norms of complicity. In the Code of 1903, the author recognizes the norm, which regulates responsibility of the accomplices of the crime, as well as a regulation of the legal consequences on voluntary refusal of criminal complicity, to be effective. The author concludes that the Regulations of 1845 and 1903 are more effective in comparison with the previous criminal laws.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

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".

The Structure of Criminal Liability: Complicity

1996 ◽  
Vol 30 (1-2) ◽  
pp. 146-153
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Law ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Draft Code ◽  
Actus Reus ◽  
The Law ◽  
Definition Of

The notion of “wrongdoing” is not recognized by the Draft Code. Nor does it classify the criminal law defences as either justification or excuse. Rather, the Draft Code distinguishes between “an offence” and “an act”. The term “offence” is used to cover cases where theactus reusis committed with the mental state required by the definition of the offence, by an offender who is criminally liable. An offender who has a defence, even a personal one, such as insanity, mistake, or duress, commits “an act”. The term “act” is used to indicate that defences negate the criminal nature of the act.I have elsewhere elaborated on the question whether or not a criminal code which aims to reform the criminal law should distinguish between justification and excuse. There I have both discussed and evaluated,inter alia, the proposals of the Draft Code in this context. Therefore, I shall not elaborate on this subject any further. I shall rather focus on the law of complicity and shall discuss three main issues.

scholarly journals Criminal Liability for Financial Market Crimes under the Singapore Legislation

Lex Russica ◽  
2021 ◽  
pp. 148-156
Author(s):  
A. V. Denisova
Keyword(s):  
Financial Markets ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Personal Data ◽  
Criminal Code ◽  
Legal Provisions ◽  
The Republic ◽  
Criminal Legislation ◽  
Integral Feature

The functioning of developed financial markets is an integral feature of a country with a market economy, in which it is understood primarily as an infrastructure element of state policy, which, with proper management, ensures a qualitative increase in the standard of living of citizens. Therefore, the issues of criminal legal assessment of encroachments on relations in the sphere of financial markets have recently become particularly relevant both abroad and in Russia. In Singapore law, the legal provisions on criminal liability for crimes in the field of financial markets are contained in the Criminal code of the Republic of Singapore, in the laws on the prevention of corruption, on securities and futures. The purpose of the study is to analyze Singapore legislation to compare foreign and domestic criminal law norms on crimes in the field of financial markets, as well as to determine the possibilities of using foreign experience in Russian rule-making practice. The methodological basis of the paper is a set of methods of scientific knowledge, among which the main place is occupied by methods of comparative law and system analysis. The author analyzes the similarities and differences between Singapore and Russian financial and criminal legislation and predicts promising directions for the development of the system of relevant domestic criminal law norms. The author suggests the expediency of using the ideas of criminalization and suppression of fraud in the investment sphere, including in cyberspace, theft of personal data and their misuse, as well as other preparatory actions for serious and grave crimes that may be committed in the financial markets.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

scholarly journals The Meaning of the Sign “Knowingness” in Establishing Intent

2020 ◽  
Vol 16 (2) ◽  
pp. 74-81
Author(s):  
Andrey G. Ivanov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Legal Concept ◽  
Special Part ◽  
Soviet Time ◽  
Category Knowledge ◽  
Definition Of ◽  
Criminal Legislation ◽  
The Relationship

The article, taking into account scientific opinions expressed by scientists at different times and the legislative definition of intent, analyses the characteristic “knowledge” which is used in many norms of the Special Part of the Criminal Code of the Russian Federation. The study emphasizes the relationship between the boundaries of the legislative formula of intent, in particular its intellectual element, and the legal concept under consideration, and on the example of some crimes. The limits of reliability and admissibility of knowledge of certain circumstances within the category “known” and their impact on awareness of public danger and anticipation of socially dangerous consequences are considered. Special attention is paid to the importance of this concept in the structure of the intentional form of guilt and this is done in comparison with the criminal legislation of the Soviet time. The role of the category “knowledge” in ensuring the principle of subjective imputation and compliance with the prohibition of objective imputation in the context of the abolition of this category from criminal law is discussed. In the operative part of the article, it was suggested that the topic should be applied in criminal law.

scholarly journals Criminal Liability of Legal Persons in Light of the Subsidiarity of Criminal Repression

2016 ◽  
Vol 7 (4) ◽  
pp. 215-228
Author(s):  
Pavel Kotlán
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Theoretical Concept ◽  
Legal Person ◽  
Legal Regulations ◽  
Criminal Proceedings ◽  
Definition Of

Abstract This paper deals with the definition of (substantive) subsidiarity of criminal repression and the possibility of its application to the criminal liability of legal persons. After defining the liability of legal persons in the relevant legal regulations, the paper presents an interpretation of subsidiarity in Section 12(2) of the Criminal Code that is significantly different from the “official” opinion. Subsequently, the paper discusses certain criminal law situations in which the application of subsidiarity would lead to the conclusion that the legal person is not punishable (“non-criminality”). The first aim was thus to present the theoretical concept of subsidiarity of criminal repression, which would be methodologically correct, and therefore generally applicable. The second objective was directed at demonstrating that this construct can be applied to specific examples of the liability of legal persons, that is, that it can be applied to the activities of the bodies in charge of criminal proceedings.

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals ABOUT MATERIAL SIGN OF EMBEZZLEMENT

2017 ◽  
Vol 21 (6) ◽  
pp. 212-218
Author(s):  
V. V. Narodenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Literal Interpretation ◽  
The Russian Federation ◽  
Bank Accounts ◽  
Material Things ◽  
Definition Of ◽  
Criminal Legislation

The article describes provisions which are in the first note to Article № 158 of the Criminal code of the Russian Federation and also signs of embezzlement enshrined in criminal legislation of the Russian Federation. Literal interpretation of the specified provisions of the Criminal code of the Russian Federation leads to a conclusion that things having physical expression and sign of corporality can act as a subject of embezzlement. Meanwhile the author of the article criticizes provisions of the criminal law. The author states thesis that despite the instruction in the Criminal code of the Russian Federation on obligation of harm causing to the owner by embezzlement, not only things but also other property can be as a subject of specified criminal encroachment. The article also describes arguments about illegal withdrawal of separate non-material things. Analyzing judgments it is possible to say that practice interprets the first note to Article № 158 of the Criminal code of the Russian Federation in broad. It is necessary to understand as property not only things but also other benefits, in particular, non-cash money on bank accounts, paperless securities. Thus, despite difficulties, illegal actions for withdrawal of specified benefits judicial and investigative practice are qualified as embezzlement. These conclusions can be extended to situations connected with illegal withdrawal of other objects which are property but without material expression. The author suggests changing the existing definition of «embezzlement» and replacing the concept "owner" with the uniformed term “possessor of a right”.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

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