scholarly journals Legal Regulation of Crimes Threatening Global Security

2021 ◽  
Vol 14 (4) ◽  
pp. 56-62
Author(s):  
T. M. Klyukanova ◽  
O. O. Mikhailova
Keyword(s):  
Social Relations ◽  
Drug Trafficking ◽  
International Security ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Psychotropic Substances ◽  
International Crimes ◽  
The World ◽  
The Subject

The authors consider methods of legal regulation of crimes and types of international cooperation in the fight against them. The paper also highlights international measures aimed at implementing antiterrorist cooperation and combating illegal drug trafficking. The main goal is to determine the legal mechanisms for the prevention of these socially dangerous phenomena both at the local and interstate levels. The object of the research is the social relations that develop in connection with and about the peculiarities of crimes that infringe on international security. The subject of the research is the norms of modern Russian criminal law and the norms of international law. The scientific works of the authors listed in the references represent a solid theoretical and methodological basis for this research. However, research into the features of crimes should continue, since not all problematic issues in this area have been resolved. The author examines the concept, content and general features of international crimes that infringe on international security; defines the role of the UN (United Nations) and other organizations engaged in international legal regulation in the fight against international crimes; defines the features of the interstate organizations activities to prevent terrorism and illicit trafficking in narcotic and psychotropic substances. It is concluded that terrorism and illicit drug trafficking are most widespread among international crimes. The authors draw conclusions on the need to perform preventive activities aimed at preventing the Commission of international crimes, as well as on the implementation of a direct fight against such crimes through «detection, prevention, suppression, disclosure and investigation». Summarizing the authors’ points of view on the subject of criminal liability for acts of terrorism and drug trafficking, it should be noted that restraint measures, as well as strengthening responsibility measures, should be preceded by a set of preventive measures. It should also be understood that the effectiveness of anti-terrorist and anti-drug policies in the world, including in terms of the regulation of criminal liability measures, should be supported and approved by the population. To improve the legal structures of crimes that infringe on international security in the countries of the world community, it is necessary to positively perceive the international experience of various states in regulating measures of criminal responsibility and countering the spread of these acts.

scholarly journals CONCERNING THE COMPLIANCE OF THE LEGISLATION OF UKRAINE ON CRIMINAL LIABILITY IN THE SPHERE OF ILLEGAL DRUG TRAFFICKING WITH INTERNATIONAL REGULATORY LEGAL ACTS

2020 ◽  
Vol 73 (4) ◽  
pp. 95-102
Author(s):  
Andriy Danylevskyi ◽  
◽  
Yuliya Danylevska ◽  
Keyword(s):  
Drug Trafficking ◽  
Criminal Liability ◽  
Illegal Drug ◽  
National Legislation ◽  
The Public ◽  
Psychotropic Substances ◽  
Legal Obligations ◽  
The World ◽  
Criminal Legislation

The public danger of illegal drug trafficking, drug addiction and related phenomena is obvious; therefore the world community is making significant efforts to counter these phenomena, because only through joint efforts it is possible to ensure an effective counteraction to drug trafficking. For this purpose, states adopt a significant number of international normative legal acts. The issues of countering the illegal drug trafficking, psychotropic substances, their analogues and precursors are considered both within the framework of general documents on combating crime, and in special acts. Taking into account the European integration course of Ukraine, the expansion of international cooperation in the sphere of combating the illegal drug trafficking drugs, psychotropic substances, their analogues and precursors, the following issues should be marked as ones of great importance: observance by Ukraine of its international legal obligations; integration into the world system of counteracting drug trafficking; bringing national legislation in line with the provisions of international regulatory legal acts. This article is devoted to the outlined questions. In particular, the provisions of the national legislation in the sphere of illegal drug trafficking, psychotropic substances, their analogues and precursors are analyzed, and the compliance of domestic norms with international regulatory legal acts in the sphere of combating illegal drug trafficking is concluded. The classification of international regulatory legal acts in the sphere of illegal drug trafficking in dependence to the authority that issued them is given. On the basis of the conducted analysis, the author suggests ways to further improvement of the domestic criminal legislation in the sphere of combating drug trafficking. In particular, it is proposed to criminalize the sowing and cultivation of any kind of narcotic drugs, as well as to partially revise the punishment for certain drug crimes.

scholarly journals LEGAL REGULATION OF THE AGE OF CRIMINAL LIABILITY IN THE CONTEXT OF NOVELLING CRIMINAL LEGISLATION

2018 ◽  
pp. 73-78
Author(s):  
Yevgeny Petrovich Kim
Keyword(s):  
Necessary Conditions ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Psychological Characteristics ◽  
Legal Analysis ◽  
The Subject ◽  
A Minor ◽  
Criminal Legislation ◽  
Warning Effect

The subject of the study is the criminal responsibility of minors as an independent institution of criminal law. The purpose of the analysis is to reveal the peculiarities of bringing a person to criminal liability. The methodology of the study is based on a combination of formal legal and comparative legal analysis, which made it possible to establish criteria for assessing the age of criminal responsibility. The main results of the study contain conclusions on the achievement of a certain age by a person as one of the necessary conditions for recognizing a crime as a subject. The specifics of the criminal liability of minors are due to the age and socio-psychological characteristics of this group of persons, the incompleteness of the formation of their personality, the best receptivity to punitive and educational measures. Taking into account the characteristics of a minor acquires special significance when choosing the necessary measure of a criminally-legal, educational nature. The chosen measure of impact with minimal costs of criminal repression should give a warning effect.

CRIMINAL RESPONSIBILITY FOR CRIMES AGAINST INTELLECTUAL PROPERTY RIGHTS UNDER THE LEGISLATION OF EUROPEAN COUNTRIES

2019 ◽  
pp. 168
Author(s):  
Juna Kjakšta
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
European Countries ◽  
World Community ◽  
Positive Law ◽  
Legal Provisions ◽  
The World

The article is devoted to the issues of criminal law ensuring the protection of intellectual property in some European countries. The author explores the European legislation on responsibility for violation of intellectual rights. Special attention is paid to the structure of legal regulation of criminal liability for these offenses. Active integration of Latvia into the world community, joining the World Trade Organization, joining the relevant international agreements in this regard, forces the intellectual property protection issues to be oriented towards developed European countries. When looking for positive law enforcement practice, it is necessary to analyse national legal provisions that have a wealth of experience in combating intellectual property violations and are members of the TRIPS Agreement. In this context, it seems appropriate to refer to the legislation of other European countries that have a wealth of experience in dealing with encroachments on intellectual property.

CRIMINAL LIABILITY FOR CRIMES IN THE FIELD OF ILLICIT DRUG TRAFFICKING: THE HISTORY OF THE FORMATION OF LEGISLATION

2021 ◽  
pp. 59-64
Author(s):  
Анна Владимировна Мусалева
Keyword(s):  
Drug Addiction ◽  
Drug Trafficking ◽  
Information Technologies ◽  
International Crime ◽  
Criminal Liability ◽  
Growth Dynamics ◽  
Social Phenomena ◽  
Psychotropic Substances ◽  
Drug Crime ◽  
The World

Преступность, связанная с незаконным оборотом наркотических средств и психотропных веществ, традиционно занимает достаточно большую долю в общей структуре как национальной, так и международной преступности. Несмотря на принимаемые совместными усилиями правоохранителей разных стран меры, ежегодный наркотрафик демонстрирует стабильную динамику роста. В последние годы размах торговли наркотиками в мире достиг невообразимых масштабов - более 560 млрд долларов в год, что причиняет огромный ущерб экономике стран с высоким уровнем заболевания наркоманией. Государство вынуждено тратить огромные средства на сдерживание наркотизации, что также отнимает силы и ресурсы. Криминологические исследования наркопреступности показывают рост всех показателей, ее характеризующих, как в мире в целом, так и в отдельных странах. Более того, наркотизация общества влечет за собой целый ряд крайне негативных социальных явлений: распространение ВИЧ-инфекции, резкое снижение уровня здоровья населения, моральную деградацию и падение нравственности в обществе и многие другие. Среди наиболее опасных проявлений и тенденций развития современной наркопреступности можно выделить следующие: повсеместное внедрение информационных технологий в нашу жизнь вооружило торговцев наркотиками новыми способами «удаленного» сбыта, а также практически безграничными возможностями по рекламе и продвижению своего преступного «товара»; во-вторых, нельзя не заметить ориентированность наркобизнеса на максимально широкое вовлечение молодежи в наркопотребление. В статье автор проводит анализ конкретных исторических этапов развития уголовного законодательства в части борьбы с незаконным оборотом наркотиков. Crime related to illicit trafficking in narcotic drugs and psychotropic substances traditionally occupies a fairly large share in the overall structure of both national and international crime. Despite the measures taken by the joint efforts of law enforcement agencies of different countries, the annual drug trafficking shows a stable growth dynamics. In recent years, the scale of drug trafficking in the world has reached unimaginable proportions - more than 560 billion dollars a year-which causes huge damage to the economies of countries with a high level of drug addiction. The State is forced to spend huge amounts of money to curb drug addiction, which also takes away forces and resources. Criminological studies of drug crime show an increase in all indicators that characterize it, both in the world as a whole and in individual countries. Moreover, the narcosis of society entails a number of extremely negative social phenomena: the spread of HIV infection, a sharp decline in the level of public health, moral degradation and a decline in morality in society, and many others. Among the most dangerous manifestations and trends in the development of modern drug crime, the following can be distinguished: the widespread introduction of information technologies into our lives has armed drug traffickers with new ways of «remote» sales, as well as almost limitless opportunities for advertising and promoting their criminal «goods»; secondly, it is impossible not to notice the orientation of the drug business to the widest possible involvement of young people in drug use. In the article, the author analyzes specific historical stages of the development of criminal legislation in the fight against drug trafficking.

Typologization of security regulation

2020 ◽  
pp. 20-27
Author(s):  
Denis Tikhomirov
Keyword(s):  
Social Relations ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Procedural Understanding ◽  
Limited Ability ◽  
Methodological Basis ◽  
Wide Range ◽  
The Subject ◽  
Definition Of ◽  
Legal Understanding

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.

scholarly journals Concerning the Legal Regulation of the Order of Weapon Issue to Judges in the Russian Federation

2019 ◽  
pp. 12-20
Author(s):  
Rinat Mikhailovich Karimov
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Safety Measures ◽  
Legal Provisions ◽  
The Social ◽  
Analysis And Synthesis ◽  
The Subject ◽  
The Russian Federation

In this article Karimov analyzes whether it is necessary to amend available safety measures in relation to judicial authorities of the Russian Federation. The aim of the research is to analyze the current order of weapon issue to judges in the Russian Federation. The object of the research is the social relations rising in the process of implementation of legal provisions about the order of weapon issue to judges in the Russian Federation. The subject of the research is the legal acts that regulate the order of weapon issue to judges in the Russian Federaton. The researcher analyzes kinds of weapons that can be issued to a judge upon his or her written inquiry. The research is based on the comparative legal analysis of previous provisions about the order of weapon issue to judges and legal provisions that have been implemented just lately. The analysis is also based on the use of such research methods as analysis and synthesis, generalisation and logical research method. The author of the article proves the idea that the legal specificiation of the order of weapon issue to judges in the Russian Federation will eliminate possibility of attacking judges or their family members. The author focuses on the gaps in relevant legal regulations and suggests to review and make changes in the current law that regulates the order of weapon issue to judges. 

scholarly journals Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime

2020 ◽  
pp. 286-290
Author(s):  
Natalia Antoniuk
Keyword(s):  
Social Relations ◽  
Criminal Responsibility ◽  
Human Life ◽  
Subjective Evaluation ◽  
Criminal Code ◽  
Special Part ◽  
The Subject ◽  
Severe Punishment ◽  
A Minor ◽  
Legal Consequences

 Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

Corporate Criminal Liability for the Criminal Offences in Lithuania

2020 ◽  
Author(s):  
Tomas Girdenis ◽  
Marius Laurinaitis ◽  
Irmantas Rotomskis ◽  
Raimundas Jurka
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Financial Reports ◽  
The Supreme Court ◽  
Illegal Activities ◽  
Material Advantage ◽  
Corporate Criminal Liability ◽  
Limited Scope ◽  
Legal Entities

Abstract Cases, where operations of legal entities entail unfair income through the malpractice of improving financial reports, are quite frequent. Such behaviour is unacceptable and deserves a stern response from the state, not only against persons involved in illegal activities but also against particular legal entities resorting to such behaviour. The purpose of this article is to analyse the elements of corporate criminal liability in the legislation of Lithuania. The article investigates the fundamentals of corporate criminal liability with the major focus on the problems of distinction and applicability of relevant elements of the latter. The analysis emphasizes the assurance of the inevitability of corporate criminal liability. The article also discusses the method of criminalizing the liability of legal entities, chosen by the Lithuanian legislator, according to which criminal liability can arise only for a limited scope of criminal offences. Presumably, the current legal regulation enables an unreasonable avoidance of criminal liability in cases where the criminal offence falls outside the aforementioned limited scope, even though it was committed to gain a material advantage over the affected party. The article also addresses the guilt of legal entities. In this regard, the article criticizes the approach of the Supreme Court of Lithuania for its evident limitation of corporate criminal liability, especially in the context of large corporations owned by many shareholders. As a possible solution, it was proposed to lay criminal responsibility on corporate governance bodies instead of the shareholders.

Improvement of the Legislation of Ukraine as to the Provision of the Protection of Banking in the Conditions of European Integration

2018 ◽  
Vol 8 (7) ◽  
pp. 2165
Author(s):  
Alyona M. KLOCHKO ◽  
Nikolai P. KURILO ◽  
Svetlana I. ZAPARA ◽  
Irina V. ARISTOVA ◽  
Mykola I. LOGVINENKO
Keyword(s):  
Banking Sector ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
External Threats ◽  
Banking Activity ◽  
Banking Institutions ◽  
Criminal Legislation

Euro-integration course of Ukraine has caused an intensive development of its banking sphere. The inconsistency between the possible legislative consolidation of criminal responsibility for socially dangerous acts in the banking sector and the objective needs of society in such protection becomes more and more obviousis in Ukraine. The processes of ‘clearing’ the banking system from financial institutions that are insolvent along with the positive results have led to an increase in the level of criminalization of the banking sector. Abuses aimed at taking possession of money from creditors and borrowers of banking institutions have become widespread. External threats to the stable functioning of the banking sector are combined with internal misconduct of unscrupulous bank managers, officials and persons related to the banks. Approaches to legislative regulation of suspicious banking transactions and to identify their real volumes must be improved. The measures aimed at reducing of the level of criminalization of the banking sphere by establishing criminal liability of managers and persons connected with the bank for unlawful acts in the banking sector must be taken. The certain issues of legal regulation of banking activity in Ukraine on criminal legal level are considered. The provisions of international law on these matters are  analyzed and the main ways to optimize Ukranian criminal legislation to ensure the safety of banking activity are suggested. It turns out that the need for criminal legal protection of banking is conditoned by an increase in the public danger of these acts at the present stage of the functioning of society. This need is also confirmed by the crisis in the financial and banking spheres of the state, the need to eliminate the gaps in the current legislation on banking safety and the changes that took place in the banking sector of Ukraine in the context of increased integration with the EU.

scholarly journals The main stages of development of the institute of administrative responsibility for illicit trafficking in narcotic drugs and psychotropic substances

Legal Ukraine ◽  
2020 ◽  
pp. 24-32
Author(s):  
Kateryna Prystinska
Keyword(s):  
Drug Trafficking ◽  
Legal Regulation ◽  
Stages Of Development ◽  
Psychotropic Substances ◽  
The Russian Empire ◽  
The Times ◽  
Administrative Code ◽  
Illicit Trafficking ◽  
Illicit Drug Trafficking ◽  
Administrative Responsibility

The article considers the main stages of development of administrative liability for illicit drug trafficking. There are three stages: 1) pre-revolutionary; 2) soviet; 3) the times of independent Ukraine, which differed in approaches to administrative responsibility in this area. It is shown that the process of drug use began in the archaic period, by conducting magical, religious rites, ritual and healing ceremonies in order to achieve mental reactions and trance. During the stay of Ukrainian lands in the Russian Empire, they were subject to the rules of imperial law, which provided for fines, confiscation of materials and devices used in such offenses. The provisions of the Administrative Code of the USSR of 1927, the Code of the Ukrainian VTS on administrative violations of 1984 and the current Code of Administrative Offenses, which reflect the rules of administrative liability for violations in this area. It is shown that during the period of independent Ukraine, administrative and legal activities in the field of combating drug trafficking were conducted in the following areas: licensing activities; the order of transportation of drugs; regulation of their circulation; creation of a public authority whose task was to control the circulation of drugs and legal regulation of their use. Key words: administrative responsibility, drugs, rites, traditions, treatment, rehabilitation, volumes of narcotic substances.

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