scholarly journals Criminal liability for land damage under the legislation of the cis countries

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 22-27
Author(s):  
Sergej N. Bezugly ◽  
Galia G. Mikhaleva ◽  
Irina V. Savelieva ◽  
Oksana S. Shumilina ◽  
Natalia Yu. Zhilina
Keyword(s):  
Criminal Liability ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Land Protection ◽  
Rational Use ◽  
Advantages And Disadvantages ◽  
The Future ◽  
Special Rules ◽  
Cis Countries ◽  
Criminal Legislation

The article includes consideration of the norms on land damage under the criminal legislation of the CIS countries, analysis of approaches to the legal regulation of land protection in criminal legislation. It is determined that not all criminal laws have the special rules protecting the land only. We analyzed the signs of land damage, revealed the specifics of objective signs of land damage, as well as analyzed the advantages and disadvantages of legal regulation in comparison. It is concluded that relations on the protection and rational use of land, ensuring environmental safety are very important for the uninterrupted provision of the population with a sufficient number of safe and affordable products in the future.

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 Fighting the smuggling of strategically important resources for environmental safety ensuring

2021 ◽  
Vol 258 ◽  
pp. 05019
Author(s):  
Vladislava Zaigraeva
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Environmental Safety ◽  
Criminal Code ◽  
International Treaties ◽  
Legal Norms ◽  
Biological Resources ◽  
Rare And Endangered Species ◽  
Rare And Endangered ◽  
Criminal Legislation

The international illegal trade of rare flora and fauna objects has long been an acute international issue. At the same time, a significant volume of smuggled rare species of animals and plants falls on Russian Federation. In order to counter criminal encroachments against rare and endangered species of animals and aquatic biological resources, amendments were made to the Russian criminal legislation, including Article 226.1. of Criminal Code of Russian Federation, in accordance with which criminal liability is established for the smuggling of especially valuable wild animals and aquatic biological resources listed in the Red Book of Russian Federation and (or) protected by international treaties of Russian Federation. At the same time, the imperfection of legal norms governing liability for smuggling significantly reduces the level of their protection. These circumstances require constant improvement of measures to counter smuggling, including criminal law improvement.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

scholarly journals Cryptocurrency as the Сurrency of the Future Financial System

2020 ◽  
Vol 24 (1) ◽  
pp. 27-32
Author(s):  
T. Bantorina ◽  
◽  
O. Livandovska ◽  
Keyword(s):  
Legal Status ◽  
Financial System ◽  
Legal Regulation ◽  
Minimal Risk ◽  
Advantages And Disadvantages ◽  
Stage Of Development ◽  
The World ◽  
The Future ◽  
Mathematical Problems ◽  
History Of

Annotation. Introduction. At the present stage of development of the world is the rapid functioning of all spheres of society. Based on this, today society seeks to be progressive, modern, and therefore the world introduces us to a new type of money that is gaining popularity – cryptocurrency. Currently, humanity is aimed at finding a more progressive way of realization of any financial transactions with minimal risk. Now, the cryptocurrency is in the same city, where was the first paper money during the popularization of the concept of “printing money”. That is why, after a certain period of time cryptocurrency calculations become commonplace. Purpose. The purpose of the study is to consider cryptocurrency as the currency of the future financial system and possible prospects for its future development in Ukraine and the world. Results. The article discusses the theoretical aspects and history of cryptocurrency as currency future financial system. The main types of cryptocurrencies, the process of their creation, which is based on the solution of computers to complex mathematical problems and their entry into the market, are identified. The advantages and disadvantages of using cryptocurrencies are studied, as well as its feature as decentralization, which distinguishes it from other currencies. It is emphasized that in the world, so far, there is no consensus on the further strategy for the development of cryptocurrency in the world, its legalization and legality of use, thus analyzing the legal status of cryptocurrency in different countries and prospects for use. The legal regulation of cryptocurrencies in Ukraine in accordance with the norms of Ukrainian legislation is considered. The peculiarities of the functioning of virtual currencies in Ukraine are highlighted. Conclusions. Cryptocurrency inevitably and actively popularized worldwide in furthering decade. In some areas, such as online gaming business, this kind of currency has found its application in full. In Ukraine, there is everything necessary for legal operations with cryptocurrencies, but it is at the legislative level that there is a problem that prevents the active distribution and use of such currencies. The situation when cryptocurrency is not banned, but also not allowed, is an additional reason for fraudulent schemes. Legal entities and individuals who want or are able to use cryptocurrency is not protected. Similarly, the state can not get taxes from prospective activities. That is why the need for a clear establishment of the concept of “Cryptocurrency” by the law of Ukraine and the creation of mechanisms for regulating any activity with cryptocurrencies at the legislative level, are the priority state tasks at present. Keywords: cryptocurrency; currency; bitcoin; mining; digital currency; the legal status.

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

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.

scholarly journals Circumstances excluding the criminal act, in the criminal law of Russia and Vietnam

2020 ◽  
Vol 2020 (2) ◽  
pp. 229-240
Author(s):  
Sergey Milyukov ◽  
Andrei Nikulenko
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Comparative Method ◽  
Legal Regulation ◽  
Criminal Code ◽  
Socialist Republic ◽  
Advantages And Disadvantages ◽  
Law Enforcement Officials ◽  
The Right ◽  
Criminal Legislation

the article describes the circumstances excluding criminality of the act in the criminal legislation of the Russian Federation in comparison with the corresponding Chapter of the criminal law of the Socialist Republic of Vietnam. A comparative analysis of the content of the norms regulating lawful harm is made. A number of issues related to the use of weapons by law enforcement officials in Russia and Vietnam were raised. Using the comparative method, the authors try to investigate the relevant norms, identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act. note that the authors are in the position of expanding the range of circumstances that exclude the criminality of the act, which are subject to normative consolidation in the criminal legislation. Moreover, in view of the ambiguous and often inconsistent practice of applying criminal legislation in this area, it is proposed that in the further reconstruction of the relevant norms of Chapter 8 of the criminal code, use a casual way of presentation to create the most understandable for citizens wording of norms that allow lawfully cause harm to public relations protected by criminal law. Otherwise, the very fact of their existence in criminal legislation is called into question because of the inability and unwillingness of citizens to use the right granted by law. Possible ways of resolving contradictions in the criminal legislation of Russia and Vietnam are suggested.

scholarly journals A COMPARATIVE ANALYSIS OF THE INSTITUTION OF CRIMINAL LIABILITY OF MINORS WITH FOREIGN COUNTERPARTS

2020 ◽  
pp. 31-37
Author(s):  
A.P. Detkov ◽  
E.P. Safonova
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Criminal Liability ◽  
Cis Countries ◽  
A Minor ◽  
Criminal Legislation

In the criminal legislation of any state, the legal status of a minor includes many specific features. Thearticle provides a brief analysis of the institution of criminal liability of minors using the example of the EAEUmember countries and non-CIS countries.

Legal Regulation of Prohibition of Discrimination in Criminal Legislation of Russia and Moldova

10.12737/5505 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 93-102
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Equal Rights ◽  
Constitutional Principle ◽  
Official Position ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a comparative analysis of the legal measures to combat discrimination in the criminal legislation of the Russian Federation and the Republic of Moldova. Such a problem as regulation in the criminal law of antidiscrimination is active a large scale. In the Russian criminal legislation important legal guarantee the constitutional principle of equal rights and antidiscrimination is article 136 of the Criminal Code of the Russian Federation (Violation of equality of rights and freedoms of man and citizen). Meantime, as illustration the analysis of international antidiscrimination standards and trends to expand of these prescriptions in the legislation of CIS states, this criminal norm is far from perfect. The liability for discrimination can not be treated in direction with the commission of using official position. In our view, preventive legal prohibition in the article 136 of the Criminal Code of the Russian Federation will be significantly enhanced if to ask: 1) the return of criminal liability for discrimination of any individuals; 2) criminalization new aggravating circumstances.

scholarly journals Analysis of the criminal legislation of France, England and Spain about responsibility for lecherous actions

2021 ◽  
Vol 27 (4) ◽  
pp. 186-191
Author(s):  
Valeria A. Demidovich
Keyword(s):  
Russian Federation ◽  
Practical Experience ◽  
Legal Regulation ◽  
Criminal Code ◽  
Telecommunication Networks ◽  
Job Responsibilities ◽  
Advantages And Disadvantages ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of this article is to analyse the existing legal regulation of acts that are part of the crime under Art. 135 of the Criminal Code of the Russian Federation, in the criminal legislation of foreign countries. This analysis is aimed at improving Russian legislation in terms of counteracting the commission of these crimes. The author outlines the problem of qualifying lecherous actions both in Russian and foreign legislation. The category of “lecherous acts” in the understanding of Russian legislation and its correlation with similar acts in foreign countries has been investigated. The legislative and practical experience of England, Spain and France in this area is analysed, the advantages and disadvantages of the legal regulation of lecherous actions are highlighted. Positive experience is presented as proposals for optimising Russian legislation providing for liability for lecherous acts, it is proposed to give a legal assessment of the acts provided for Art. 135 of the Criminal Code of the Russian Federation, committed with the use of telecommunication networks by persons who are legal representatives of minors, as well as persons whose job responsibilities include providing care, upbringing and rendering educational services, since the commission of a crime under Art. 135 of the Criminal Code of the Russian Federation in these conditions is a greater public danger.

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