scholarly journals Criminal law tools of combatting transnational corruptive criminality

2021 ◽  
Vol 25 (2) ◽  
pp. 663-684
Author(s):  
Olga A. Kuznetsova
Keyword(s):  
Criminal Law ◽  
International Crime ◽  
Self Determination ◽  
Structural Method ◽  
Wide Range ◽  
Special Part ◽  
General Part ◽  
Comprehensive Classification

One of the most serious problems in the field of combating crime is the fight against transnational corruption crime. This type of crime already (de facto and de jure) exists as international crime and has a specific subject composition, geography of commission and complex objective reasons. The core of transnational corruption crime is bribery widely used by transnational corporations for achieving their corporate purposes. Combatting such crimes by means of criminal law is carried out at various levels: international, interregional, regional, subregional, bilateral, and domestic. The purpose of this article is to characterize transnational corruption, which is one of the forms of self-determination of crime. The article provides a comprehensive classification of corruption crimes based on various criminal law and criminological criteria. The author pays special attention to the fact that all transnational corruption crimes can be divided into main and auxiliary. At the same time, these two types of offences are often inseparable. The author proposes the main directions of criminal law impact on transnational corruption crime, which could be used in both the General part and Special part of criminal law. The methodology of the article is based on the laws of materialist dialectics. The article rests on a wide range of Russian and foreign sources of scientific, legal, statistical, sociological, and other nature. The author applied the following research methods: analysis, synthesis, deduction, induction, systemic-structural method, logicallegal, and comparativelegal.

Application of Domestic Criminal Statutes in regard to International Crimes

2020 ◽  
Vol 17 (1) ◽  
pp. 122-142
Author(s):  
Andres Parmas
Keyword(s):  
Criminal Law ◽  
International Criminal ◽  
International Crime ◽  
Legal Order ◽  
International Criminal Law ◽  
Domestic Court ◽  
International Crimes ◽  
Special Part ◽  
General Part ◽  
Respective State

In order for an international crime to be prosecuted in a domestic court, norms prescribing punishability have to be adopted in the legal system of the respective State. The article analyses issues that come up with autonomous transposition of international criminal law norms into the domestic legal order, based on the example of the Estonian Penal Code. It also seeks to offer an explanation as to why it is necessary to be aware of these issues and what the strategies would be to overcome problems with transposition. Both issues of the special part as well as the general part are touched upon.

Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century

2021 ◽  
pp. 150
Author(s):  
Ruslan G. Aslanyan
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Institutional Structure ◽  
Historical Aspects ◽  
Literary Sources ◽  
Special Part ◽  
The Law

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.

Criminal Law and Procedure

Japanese Law ◽  
2021 ◽  
pp. 450-466
Author(s):  
Hiroshi Oda
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Special Part ◽  
General Part ◽  
Basic Concepts ◽  
The Law ◽  
Terrorist Acts

The primary statute of criminal law in Japan is the Criminal Code of 1907. There are various separate laws which provide for specific crimes, generally denoted as ‘special criminal laws’. Some offences were added by way of such special laws in the recent years including the law against terrorist acts of 2019. The The Criminal Code is divided into the General Part and the Special Part. The former lays down the general principles and basic concepts of criminal law such as intention, negligence, attempt, accomplice, etc. The latter lists specific offences. Constitution guarantees the rights of defendants and suspects. Criminal procedure has become much more transparent, and better protection is given to suspects.

Target modeling and deduction of automotive radar resolution requirements for pedestrian classification

2015 ◽  
Vol 7 (3-4) ◽  
pp. 433-441 ◽  
Author(s):  
Eugen Schubert ◽  
Martin Kunert ◽  
Frank Meinl ◽  
Wolfgang Menzel
Keyword(s):  
Radar Signal ◽  
Automotive Radar ◽  
Radar Sensors ◽  
Sensor Model ◽  
Wide Range ◽  
Collision Mitigation ◽  
Adverse Environmental Conditions ◽  
Accident Scenarios

Pedestrian Collision Mitigation Systems (PCMS) are already in the market for some years. Due to continuously evolving EuroNCAP regulations their presence will increase. Visual sensors, already capable of pedestrian classification, provide functional benefits, because the reaction behavior can be optimized when the imminent collision object is recognized as pedestrian or cyclist. Nevertheless their performance will suffer under adverse environmental conditions like darkness, fog, rain or backlight. Even in such unfavorable situations the performance of radar sensors is not significantly deteriorated. Enabling classification capability to automotive radar will further improve road safety and will lower PCMS's overall costs. In this paper, a multi-reflection-point pedestrian target model based on motion analysis is presented. Together with an appropriate sensor model, pedestrian radar signal responses can be provided for a wide range of accident scenarios. Additionally velocity separation requirements that are needed for classification of pedestrians are derived from the simulations. Besides determination of classification features, the model discloses the limits of classical radar signal processing and further offers the opportunity to evaluate parametric spectral analysis. Based on simulated and measured baseband radar signals of pedestrians one of these techniques is deeper analyzed and its enhancement especially on the velocity separation capability is evaluated.

scholarly journals The Image of Laurence in the Novel Simone de Beauvoir "Magic Pictures"

2019 ◽  
pp. 400-407
Author(s):  
Svitlana Kryvoruchko ◽  
Tatiana Fomenko
Keyword(s):  
Feminist Criticism ◽  
Self Determination ◽  
The Novel ◽  
Simone De Beauvoir ◽  
French Writer ◽  
The Status ◽  
Inferiority Complex ◽  
Artistic Images

Self-determination of a woman is important for her self-realization at the beginning of the XXI century. A modern woman successfully combines two careers. She presents herself as a specialist and wife / mother. French writer S de Beauvoir drew attention to this in her novel "Magic Pictures" in 1966. Her heroines make it possible to understand the psychological problems of women. The classification of archetypes of goddesses in accordance with the stereotypes of modern women was applied. This concept logically complements feminist criticism and helps to investigate the way the archetypes of the goddesses are manifested in the images, respectively, "feminine", "feminist" and "female" concepts. This will contribute to the clarification of the parable in the works of S. de Beauvoir. S. de Beauvoir uses psychoanalytic approaches to distinguish conscious and unconscious in heroines of literary works, and great attention is paid to unconscious motives and feelings. The writer distinguishes psychoanalytic symptoms, conditions of women to display their personal "psychodrama", which is reflected in literary conflicts. S. de Beauvoir interprets conflicts as external and internal. During the analyses of the writer’s works we also differentiate the conscious and unconscious in her heroines, observe conflicts between men and women, between generations, between the desires of one person, in order to understand better the "mental" state, which promotes character’s development as an existant. The writer made an extremely important artistic and aesthetic contribution into the creation of "feminine" artistic images, which reveals the archetype of Aphrodite, that through the issue of choice introduces the idea of the importance of "love", deprives of feelings and the status of the "Оther" as an inferiority complex, reaching the level of self-realization of an existant.S. de Beauvoir explores the phenomenon of literary existentialism as a problem of choice which a character has to face and contributes to its evolution. S. de Beauvoir’s creation of influential characters, according to "feminine" concept, achieves the highest resonance in the mid ХХ century and extends to the beginning of ХХ–XXI century.

scholarly journals Criminal law problems in determining the object of intellectual property crimes

2019 ◽  
pp. 110-118
Author(s):  
M. A. Zheludkov ◽  
V. N. Chernyshov ◽  
M. N. Kochetkova
Keyword(s):  
Information Technology ◽  
Intellectual Property ◽  
Public Relations ◽  
Criminal Law ◽  
Scientific Community ◽  
Rapid Development ◽  
Property Ownership ◽  
Conceptual Apparatus

Currently, due to the rapid development of information technology, there is an urgent need to protect public relations of property from crimes committed in the intellectual rights area. The absence of conceptual apparatus consolidated in laws or supported by the scientific community complicates determination of interrelations between the concepts of “property”, “ownership”, “intellectual property” and “right of ownership,” which subsequently determines the classification of acts as different objects of protection under criminal law. The article examines the complex of topical issues related to the protection against crimes in the field of intellectual property in Russia, the analysis of the ratio of crimes against property and crimes affecting intellectual property, the study of the features of the objects protected under criminal law.

scholarly journals “Inconsequent Carelessness” in Modern Conditions of Criminal Legislative Reform: The Problem and Ways to Solve it

2021 ◽  
Vol 7 ◽  
pp. 3-13
Author(s):  
Serhii Bahirov
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Mental Attitude ◽  
Legislative Reform ◽  
Criminal Offenses ◽  
Special Part ◽  
The Future ◽  
General Part ◽  
Normative Models

The article highlights the problem of inconsistency of legislative provisions on careless forms of guilt,which are contained in the General Part of the Criminal Code of Ukraine, to the constructive peculiarity ofcriminal offenses that are provided by the Special Part of this Code.The author draws attention to the problem which emerged due to the future transfer of a significantnumber of criminal offenses from the Code of Ukraine on Administrative Offenses to the book of criminaloffenses of the new Criminal Code of Ukraine. The vast majority of these offenses are constructed so as tohave a formal composition, to wit the consequences outside it. At the same time, the construction of acareless form of guilt and its varieties, recklessness and negligence, the normative models of which arecontained in the General Part of the draft Criminal Code of Ukraine, provides for a mental attitude to theconsequences.It is substantiated that the developers of the draft of the new Criminal Code of Ukraine will have todecide on one of the two directions of the system: either to completely abandon the criminalization ofinconsequent carelessness, leaving the legislative concept of carelessness covering only criminal offenseswith material composition, or to agree with the idea of presence of the inconsequent carelessness within theinstitute of criminal offense.Future problems with determining the form of guilt of criminal offenses are shown, if among theprovisions of the General Part of the projected Criminal Code of Ukraine there is a provision on the limitedpunishment of a careless behavior.The principle of constructing norms on criminal liability for careless acts is proposed, according towhich resultative careless delicts should be provided in the book of crimes, and careless offenses with aformal composition should be misdemeanors.In order to properly cover the provisions of the General Part of the future Criminal Code of Ukraine onthe carelessness of all constructive types of careless offenses, the author proposes to provide two types ofcareless form of guilt: resultative carelessness and inconsequent carelessness.Theoretical modeling of the relevant criminal law norms has been carried out, which will consolidate theinconsequent carelessness and its varieties.

INSTITUTIONS OF MULTIPLE CRIMES AND ADMINISTRATIVE PREJUDICE IN CONTEMPORARY RUSSIAN CRIMINAL LAW

2021 ◽  
pp. 43-47
Author(s):  
O. Yu. Savelyeva ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
The Other ◽  
Correct Interpretation ◽  
Administrative Legislation ◽  
Special Part ◽  
General Part ◽  
Points Of View

Despite the legislator is step by step expanding the number of bodies of a crime with the sign of administrative prejudice, up to the present, the General part of the RF Criminal Code does not define administrative prejudice. It leads to the fact that the Special part of the RF Criminal Code formulates the administrative prejudice features in the bodies of crimes in different ways. In particular, only some of the bodies of crimes contain the duplicity feature as an administrative prejudice element. Within this investigation, the author considers as well the other criminal law institution – multiple crimes. It is caused by the fact that collaterally with the administrative prejudice, the liability for persons previously convicted for identical and (or) similar actions starts to be introduced. It speaks for both the reappearance of liability for special recidivism and the introduction of the criminal law category not covered by this concept. To identify the problems related to the structure of bodies of crimes with indicated signs and specify the ways for their solution, the author carried out the interdisciplinary comparison of norms of criminal and administrative legislation, analyzed doctrinal points of view, explained the position of the executor of law represented by the supreme judicial authorities, and investigated a draft law on the amendments in the RF Criminal Code. As a result of the study, the author concludes that the Special part of the RF Criminal Code formulates the administrative prejudice signs in the bodies of crimes in different ways. It complicates the correct interpretation of specified criminal law norms. Moreover, the author considers incorrect the structure of part 1 of Art. 284.1 of the RF Criminal Code, which contains both the sign of administrative prejudice and the sign of conviction for identical action. The position of the RF Government expressed in draft law No. 536-8 on the amendments in Art. 116.1 of the RF Criminal Code calls for comments as well.

Differentiation of Еxecution and Сomplicity in the Сommission of a Сrime

2021 ◽  
Vol 5 ◽  
pp. 82-88
Author(s):  
S. S. Nekoz ◽  
Keyword(s):  
Criminal Law ◽  
Legal Analysis ◽  
Judicial Practice ◽  
Documentary Analysis ◽  
Theoretical Approaches ◽  
Special Part ◽  
The Subject ◽  
General Part ◽  
Objective Side ◽  
The Relationship

Problem Statement. The qualification of complicity in a crime is many times complicated by the solution of complex problems associated with the differentiation of the actions of the perpetrator and the accomplice in the crime. Judicial practice demonstrates in this part examples of «overstated» and «understated» qualifications, which naturally reflects not only the objective difficulties of law enforcement, but also the absence of an agreed doctrinal position on the relationship between the actions of the executor and the accomplice. Aims and Objectives of the Research. The article is devoted to finding an answer to the question of the most effective theoretical approaches to the distinction between execution and complicity in a crime, as well as general criteria for such a distinction. Methods. The method of formal-logical interpretation of the criminal law was used in the work; comparative legal analysis; documentary analysis and generalization of judicial practice; content analysis of scientific sources on the research topic. Results, Brief Conclusions. The scientifically established approach, according to which the distinction between performing and abetting actions is investigated primarily as a problem of the general theory of complicity, is based on the use of the construction of the general composition of complicity in a crime and the general composition of certain types of complicity. However, the construction of the general composition is not methodologically intended to solve the qualifying problem of differentiating the actions of accomplices. Therefore, the relevant issue should become the subject of analysis of the Special Part of Criminal Law and be resolved differentially in relation to each separate corpus delicti. The General part of criminal law can offer only the most general approach to the delimitation of execution from complicity, according to which the actions of an accomplice are always located outside the objective side of the execution of the crime.

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