scholarly journals ALTERNATIVE TO CRIMINAL PROSECUTION IN FOREIGN LAW

2018 ◽  
Vol 22 (2) ◽  
pp. 152-157
Author(s):  
A. V. Alexandrova
Keyword(s):  
Criminal Law ◽  
Public Interest ◽  
Western Europe ◽  
The United States ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Procedural Law ◽  
Foreign Countries ◽  
Low Degree ◽  
Foreign Law

In this article, alternative methods of criminal prosecution are considered using the example of foreign countries. The Institute for the Exemption from Prosecution of the person who committed the crime is provided for in foreign legislation in criminal and criminal procedural law. There are many legal institutions serving as alternatives to criminal prosecution. Most of them are called upon to reconcile the conflicting parties - the victim and the perpetrator. Conflict resolution entails the termination of prosecution, which is possible both at the pre-trial stage and after the start of the trial. As a rule, the use of such alternatives is allowed in cases of crimes with a low degree of public danger, and in the event that the consequences of such acts can be eliminated or material damage is compensated. Law enforcers in foreign countries most often refer to the following measures, which are alternatives to criminal prosecution: mediation, payment of a fine, transaction and refusal of criminal prosecution in view of its inexpediency. It seems that there are several options for classifying foreign countries depending on the institutions that are characteristic for them, allowing legitimate avoidance of criminal prosecution. The existence of a variety of alternatives to criminal prosecution, as well as conciliation procedures in the legislation of some countries of Western Europe and the United States are aimed at maintaining a reasonable balance between the punitive potential of criminal law and incentive standards, which is expressed in the ban on the refusal to prosecute certain categories of crimes, including on those where there is a public interest. The application of alternatives to criminal prosecution makes it possible to exclude the consequences of criminal acts outside procedural ways, to find the best means of combating crime, and to facilitate the resocialization of the perpetrators of the crime.

Provisions on the definition of crime in the criminal law of the United States

2021 ◽  
Vol 67 (06) ◽  
pp. 97-101
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
United States ◽  
Key Words ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
Modern World ◽  
Cultural Integration ◽  
Foreign Countries ◽  
Foreign Law ◽  
Definition Of

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. U.S. criminal law has long developed under the influence of British common law and has gradually taken shape. Therefore, in different states of the United States, the criminal law analyzes the provisions on the definition of crime. Key words: crime, felony, misdiminora, murder

scholarly journals Criminal law policy of countering animal cruelty:a comparative study

2021 ◽  
Vol 17 (4) ◽  
pp. 129-139
Author(s):  
Andrey Yu. Aseev ◽  
Elena I. Chekmezova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Western Europe ◽  
Criminal Liability ◽  
The United States ◽  
Animal Abuse ◽  
Effective Protection ◽  
Foreign Countries ◽  
The Subject

The subject of the research is the phenomenon of criminal law protection of animals from abuse. The purpose of the research is to provide likely analysis of the experience of establishing criminal liability for animal abuse in the post-Soviet countries, Western Europe and the United States. The methodological basis of the research consists of comparative legal, formal legal and systematic methods. In the course of the research, the specifics of the construction of criminal law norms providing for liability for animal abuse in foreign countries are determined. The focal points of the criminal law policy of countering animal cruelty in the sphere of criminalization of acts encroaching on public relations in the field of animal welfare are considered. The authors substantiate the possibility of assimilation into the Russian criminal law of a number of provisions of the criminal laws of foreign countries in terms of establishing liability for encroachment on the life of animals in order to ensure effective protection of social relations from negative development in the field of animal treatment.

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 Criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation

2019 ◽  
pp. 110-123
Author(s):  
O. Korotiuk
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Constitutional Rights ◽  
Foreign Countries ◽  
Foreign Law ◽  
Circulation Change ◽  
The World ◽  
Criminal Legislation ◽  
And Storage

The article analyzes the criminal law of foreign countries, which reflect the main types of forms of encroachments on objects of copyright and related rights. It has been established that the criminal responsibility for the above-mentioned acts was foreseen in the most countries of the world. The purpose of the article is to investigate the issue of criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation. Extremely widespread forms of socially dangerous encroachments on copyright objects are "appropriation of authorship", "plagiarism" and "coercion to co-authorship". Offenses that encroach on copyright objects are usually placed in the sections "Crimes against the constitutional rights and freedoms of man and citizen", "Crimes against property", and in some cases are placed in a separate section "Crimes against Intellectual Property». Analysis of the criminal legislation of foreign countries suggests that the typical forms of encroachments on objects of copyright and related rights include acts related to: a) the illegal entry into the circulation of objects of copyright and related rights contrary to the established legislation procedure. These types of encroachments are represented by the following wording of the criminal law of foreign law: the wording indicating the act of import or other movement of objects of copyright and related rights (for example, transportation, movement, import, export, etc.); wording indicating acts concerning the acquisition and storage of objects that could not be in circulation (in particular, acquisition, storage, conscious possession for the purpose of trade or inclusion in trade, illicitly created objects, goods, including if they were imported, receiving etc.); the wording indicating the acts related to the introduction of objects to commodity circulation or the commission of any actions for the purpose of further introduction into circulation, including acts concerning the putting into circulation of equipment for the illegal creation of copyright and related rights objects (for example, the use of objects without a check mark and in the absence of author's contracts; introduction into business turnover; introduction into circulation; change, removal from copies of objects of symbols and signs of protection of rights etc.); b) illegal production (creation) and / or illegal use of such objects. The following wording of the criminal law provisions refers to these attacks: the wording which denotes actions related to the illegal creation of the object of intellectual property rights, the introduction of certain changes to the object or information about the object, as well as acts of unlawful gain rights to the object (for example, attribution or coercion, plagiarism, reproduction, copying, forgery or imitation etc.); wording that denotes acts of unlawful use and distribution of objects (in particular, illegal use, illegal distribution, sale or offer for sale, sales etc.); general wording indicating any of the above-mentioned encroachments, as well as other attacks on the objects of copyright and related rights (for example violation of the law, any other form of use of objects, other infringement of rights, violation of any which of the rights etc.).

scholarly journals On Public Interest in a Criminal Procedure

Russian judge ◽  
2021 ◽  
Vol 1 ◽  
pp. 26-30
Author(s):  
Eduard S. Kaminskiy ◽  
Keyword(s):  
Public Interest ◽  
Criminal Procedure ◽  
The State ◽  
Social Needs ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Is Implementation ◽  
Progressive Development ◽  
Legitimate Interests

The article analyzes the concept and content of public interest in criminal proceedings. It is concluded that public interests are social needs recognized by the state and regulated by the norms of law, aimed at achieving public goods, the satisfaction of which ensures the integrity, stability and progressive development of society. The interests of society and the state are protected through a structured system of criminal proceedings, which is public in nature. The basis of public prosecution is criminal prosecution on behalf of the state. The content of public interest in criminal proceedings is: implementation of such a regime of investigation and resolution of criminal cases that allows to protect society from criminal attacks; protection of the rights and legitimate interests of persons involved in criminal procedure; refusal to apply excessive measures of responsibility to persons who have committed crimes, use of alternative methods of resolving criminal law conflicts.

An Index of Comparative Legislation

1906 ◽  
Vol 1 (1) ◽  
pp. 62-75
Author(s):  
W. F. Dodd
Keyword(s):  
United States ◽  
Social Relations ◽  
The United States ◽  
United States Government ◽  
Foreign Countries ◽  
Foreign Law ◽  
American Students ◽  
States Government ◽  
Annual Index ◽  
To Come

For several years the plan of publishing an annual index or summary of foreign legislation has been under discussion among American students of political science. The Librarian of Congress has recommended that such a publication be undertaken by the United States Government, and it seems possible that his efforts in this direction may finally be successful. Information concerning foreign legislation is now difficult to obtain, and the usefulness of a publication that would make more easily available the substance of current foreign laws is well recognized.The demand for information of foreign legislation may be said to come from three sources: (1) From practicing lawyers who handle cases involving the laws of other countries. The increasing American investments abroad and the closer social relations which have developed between the United States and foreign countries make it necessary that our lawyers should know something of the legal institutions of other nations. In our great seaboard cities lawyers have already begun to devote themselves to foreign law as a specialty, and important legal firms find it necessary to have foreign connections. (2) Our legislators are beginning to look more closely into the experiences of other countries. Statesmen are coming to see that one country may well prove a laboratory for others in the field of social legislation, and to wish to profit by foreign successes and to avoid foreign failures. Germany has gone very far in the matter of governmental insurance and in legislation for the protection of labor, and it is within these fields that we may expect future legislation in the United States.

scholarly journals LIABILITY OF LEGAL PERSONS FOR THE VIOLATION OF COMPETITION RULES: CRIMINAL PROSECUTION AND ALTERNATIVE METHODS OF CONFLICT REGULATION (COMPARATIVE EVALUATION)

2017 ◽  
pp. 8-12
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Dispute Resolution ◽  
Criminal Law ◽  
Alternative Dispute Resolution ◽  
Comparative Evaluation ◽  
Criminal Liability ◽  
Alternative Methods ◽  
Criminal Prosecution ◽  
Competition Rules ◽  
Conflict Regulation ◽  
Corporate Criminal Liability

In the article there is an analysis of criminal and criminal prosecution mechanism of legal persons’ liability for the violation of competition rules in some post-Soviet countries (Azerbaijan, Georgia, Kyrgyzstan, Moldova, Estonia). With a glance to a comparative evaluation there are features of national approaches established to regulate criminal law and criminal procedural measures applicable to legal persons who have committed acts in the field contrary to honest practices in industrial or commercial matters covered by the criminal branch of law. Based on the latest trends in criminalization, the model of criminal liability of legal persons is identified that is known in the world’s practice. Among them there are marked identified model (on the example of Estonia and Kyrgyzstan) and extended identified (based on the legislative approaches of Azerbaijan, Georgia, Moldova) models of corporate criminal liability. There are accumulated findings about the specifics of criminal prosecution of legal persons who have committed socially dangerous acts in the sphere of competition, and the possibility of using alternative mechanisms for the settlement of criminal law disputes in the stage of criminal prosecution. The conclusion defined is about direct dependence of realization of alternative dispute resolution mechanisms on the approach of the legislator to the legal entity of the Institute of responsibility of legal persons in criminal law.

scholarly journals The criminal responsibility for defamation of knowingly innocent

2021 ◽  
Vol 10 (44) ◽  
pp. 241-251
Author(s):  
Vira Navrotska ◽  
Oksana Bronevytska ◽  
Galyna Yaremko ◽  
Roman Maksymovych ◽  
Vita Matolych
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Scientific Article ◽  
Criminal Prosecution ◽  
Innocent Person ◽  
Criminal Proceedings ◽  
Self Disclosure ◽  
Procedural Law ◽  
The Right

The scientific article analyzes the acute discussion in law enforcement practice and procedural science of the problem of the possibility of criminal prosecution of a suspect, accused of defaming a knowingly innocent person in the commission of a crime. The theoretical basis of the article are scientific works on criminal law and criminal procedural law (both domestic researchers and foreign experts). A set of general scientific, special scientific and philosophical methods of scientific knowledge has been used while preparing the scientific article, in particular dialectical, historical, comparative, dogmatic (formal-logical), system-structural analysis, modeling. It is substantiated in the article that the behavior of the suspect, accused, which is manifested in slandering of a knowingly innocent person, does not constitute the right to freedom from self-disclosure. It is also proved that both freedom from self-disclosure and the right to defense in criminal proceedings must have certain limits, in particular, it is rights and interests of other subjects protected by criminal law. We stated that the suspect or accused should be liable for misleading the court and pre-trial investigation bodies even if such deception was used to protect against the suspicion (or accusation), to avoid criminal liability.

scholarly journals Foreign experience in legal regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act

2021 ◽  
Vol 12 (1) ◽  
pp. 144-154
Author(s):  
Alexander М. Smirnov ◽  
◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Legal Practice ◽  
State Response ◽  
Foreign Countries ◽  
Scientific Attention ◽  
The Right ◽  
The Given

The article describes the provisions of the sources of criminal law of some foreign countries regarding the regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act. The author refers to these forms as a necessary defense, causing harm to the person who committed the crime, and extreme necessity. The article discusses the possibility of implementing the provisions of these sources in Russian criminal law to improve the state response to the implementation of these forms. The author comes to the conclusion that the most positive and constructive features of legal regulation in foreign countries, extrajudicial forms of protection of an individual’s rights and freedoms while excluding the criminality of the act, deserve scientific attention and consideration of their implementation in domestic criminal law and legal practice. The main features consist of the following: the conditions for the onset of the right to necessary defense, extreme need and infliction of harm during the detention of a person who has committed a crime, and the grounds for exceeding it; taking into account the situation when determining the legitimacy of the given circumstances; allocation of privileged conditions under which a person is either exempted from criminal liability or not exempted from it, but can count on mitigation of punishment; criminal prosecution for actions if absolutely necessary only if they have resulted in more harm than the harm prevented; regulation of legal and factual error with the necessary defense and extreme necessity; legal regulation of the conditions for the use of weapons in the implementation of these forms; holding accountable those who provoked the necessary defense; the emergence of the right to necessary defense of the person whose rights are being encroached upon.

scholarly journals USA AND WESTERN EUROPEAN SANCTIONS POLICY WITH RESPECT TO RUSSIA

2019 ◽  
pp. 147-151
Author(s):  
I. Aksenov
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Western Europe ◽  
The United States ◽  
Foreign Countries ◽  
The Usa ◽  
The Russian Federation ◽  
Economic Balance

The implementation of the sanctions policy of the United States and Western Europe in relation to the Russian Federation has been analyzed. The objectives of the USA and European Union sanctions policies have been identified. The study has been based on the principles of a three-level classification of sanctions aimed at destabilizing the economy of the Russian Federation. Sectors of the economy and companies have been identified, that, have become objects of sanctions policy and have suffered more from USA and European Union sanctions. The role of sanctions as a toolkit, which can influence the political and economic balance of power in the world, has been defined. The opinion of representatives of business of foreign countries on the formation of anti-Russian sanctions has been reflected within the article. The features of the implementation of the sanctions policy in the digital block and cyberspace have been noted.

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