INSTITUTION OF PARTICIPATION IN CRIME IN RUSSIAN CRIMINAL LEGISLATION: HISTORICAL ASPECT

2020 ◽  
pp. 205-211
Author(s):  
A.E. Muzychuk ◽  
Keyword(s):  
Historical Aspect ◽  
Criminal Legislation

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.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

HISTORICAL ASPECT OF THE VITALITY OF THE TURKMEN DIASPORA IN THE SAMARA REGION

2017 ◽  
pp. 16-22
Author(s):  
Lyaylya G. Khusnutdinova ◽  
◽  
Kuvat Gurbangulychev ◽  
Keyword(s):  
Historical Aspect

THE CONTRIBUTION OF THE PEOPLE OF UZBEKISTAN IN THE VICTORY OF OVER FASCISM IN THE SECOND WORLD WAR

2020 ◽  
Vol 2 (3) ◽  
pp. 4-11
Author(s):  
Dilorom Bobojonova ◽  
Keyword(s):  
World War Ii ◽  
Second World War ◽  
World War ◽  
Additional Material ◽  
Historical Aspect ◽  
The People ◽  
Second World

In this article, the author highlights the worthy contribution of the people of Uzbekistan, along with other peoples, to the victory over fascism in World War II in a historical aspect. This approach to this issue will serve as additional material to previously published works in international scientific circles

THE ROLE OF SOUTHERN UZBEKISTAN IN THE SYSTEM OF BRONZE AGE TRADE ROADS

2019 ◽  
Vol 21 (2) ◽  
pp. 43-47
Author(s):  
Jasur Togaev ◽  
Keyword(s):  
Bronze Age ◽  
Historical Aspect

This article analyzes the role of Southern Uzbekistan in the system of Bronze Age trade roads. Results of archaeological researches and information of scientific literatures were analyzed in historical aspect

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