scholarly journals Imposing criminal liability on juveniles: problem issues and ways to address them

2021 ◽  
Vol 66 ◽  
pp. 206-210
Author(s):  
S. Kravchuk
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Rehabilitation Center ◽  
Important Type ◽  
Rights Protection ◽  
Legal Standards ◽  
The Individual ◽  
The Right ◽  
Made In

The article highlights the issues of how to impose criminal liability on juveniles. Based on the analysis of consistency between the effective Criminal Code of Ukraine and the international standards of juvenile rights protection, the author has outlined the ways of how to improve the existing legal standards of such imposing. More specifically, the grounds for punishment mitigation have been determined depending on the gravity of offence. The punishment should be consistent with the offence committed. And the best way to match the punishment and the offence is when the punishment derives from the offence itself, from its nature. A fine will be a good enough response, because it makes the committed offence kind of unprofitable for the convicted individual. One of the punishments that the Criminal Code of Ukraine anticipates for juveniles is a fine. However, Article 99 of the Criminal Code of Ukraine mentions no minimum fine amount allowed for juveniles. As these specific standards are absent, juveniles should be subject to the general standards available, i.e. the minimum fine amount is equal for both juveniles and adults. It would be reasonable to decrease the minimum fine amount for juveniles in the Criminal Code of Ukraine. The author believes that the only guarantee for this fine to be paid can be the standalone property owned by the convicted individual, which could be foreclosed. An important type of punishment for juveniles is correction works. However, no specific conditions of its imposing on juveniles exist. One of the major ways to influence the individual convicted to correction works is labor and disciplinary impact of the labor collective (employees), which is but unfeasible today. In fact, no legal pattern exists to ensure that the employees will fulfill their obligations to rehabilitate the convicted individuals. Yet another type of punishment that Article 98 of the Criminal Code of Ukraine anticipates for juveniles is arrest. That arrest is considered a milder type of punishment in the punishment list than restraint can be deemed a disadvantage of the Criminal Code of Ukraine, 2001. At the same time, it is proposed to impose the so-called “youth arrest” on the juveniles of fourteen and on older ones, i.e. the service of punishment on days-off or holidays. The analysis of the system of punishments imposed on juveniles for the committed offences, which has been made in this article, shows that this system not always makes it possible to select the punishment consistent with the action committed. That is why the author has proposed to add new types of punishment to the already existing statutory system of punishments, such as obligating a juvenile to recover the caused damage or to execute certain works in favor of the affected party to compensate it for the damage caused; depriving a juvenile of the right to be engaged in certain activities; sending a juvenile to a special custodial rehabilitation center.

scholarly journals Encroachments against the Safety of Maritime Navigation in Russian and International Criminal Law

2021 ◽  
Vol 3 (2) ◽  
pp. 172-188
Author(s):  
Marina L. Prokhorova ◽  
◽  
Anastasiya K. Knyaz’kina ◽  
Valentina N. Kufleva
Keyword(s):  
Continental Shelf ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
National Level ◽  
Criminal Code ◽  
International Standards ◽  
Legal Standards ◽  
Maritime Navigation ◽  
The Russian Federation

Introduction. The necessity of criminalising acts against the safety of maritime navigation in na- tional legislation is based on the requirement to comply with the international obligations. The relevance of the research is that the implementation of such criminalisation is not always carried out in a timely and adequate manner. Тhe author’s versions of the criminal law can be used by the legislator to further improve the Criminal Code. Theoretical Basis. Methods. The methodological basis of the study was a set of both general scientific and private scientific methods of cognition. In particular these included the analysis, synthesis, comparative, formal and the legal. Special attention was paid to the international legal standards, and the regulation of criminal liability for encroachments against security sea shipping. Results. The article analyses the regulations at the national level governing the crime of acts which infringe upon the safety of navigation at sea and in the river space. This is Art. 211 “Hijacking of an aircraft or water transport or railway rolling stock” and Art. 227 “Piracy” as provided for in the Criminal Code of the Russian Federation. The article considers the provisions corresponding to these from international treaties, and investigates the problems of compliance in implementing norms of the Russian criminal law with the basic contractual provisions. At the same time, international acts are analysed in their latest and current version, taking into account all the changes and additions made to them. Discussion and Conclusion. As a result of the study, the authors come to the conclusion that it is necessary to make alterations to the national criminal legislation to bring it in line with the current international standards due to the absence of provisions in it regarding liability for crimes committed against sea vessels, as well as on board or against fixed platforms located on the continental shelf. At the same time, the authors propose specific additions to the Criminal Code of the Russian Federation. In particular, these are on the inclusion of certain signs of corpus delicti relating to the number of qualifying items, and which also indicate the need to formulate specific criminal law norms providing for liability for crimes against sea vessels, as well as on board or against fixed platforms located on the continental shelf.

scholarly journals International standards for sentencing a special subject of crime

2020 ◽  
pp. 380-388
Author(s):  
Landina A.V. ◽  
Lysenko O.M.
Keyword(s):  
Human Rights ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Legal Standards ◽  
Legitimate Interests ◽  
Principle Of Proportionality ◽  
Criminal Legislation ◽  
Principle Of Legality

Introduction. The issue of compliance of the principles of sentencing with international standards and their significance for the criminal responsibility of special subjects of crime has not been specifically considered in the theory of criminal law. But this issue should be reflected, because in the vast majority of criminal liability is brought to persons who are endowed, along with mandatory, special mandatory features. The aim of the article. The purpose of this study is to determine whether the provisions of the criminal code of Ukraine that define the criminal responsibility of a special subject of crime correspond to the principles of sentencing, which are the embodiment of international standards for ensuring human rights, and how this is regulated at the level of national legislation. Results. The methodology of this study is to analyze and summarize the scientific and theoretical material, as well as compare the norms of domestic and international legislation in the field of ensuring respect for human rights-a special subject of crime in criminal legislation. International standards, which are mandatory and not Advisory in nature, are embodied in norms-principles that are fixed at the level of legislation. The main form of implementation of the law on criminal responsibility is sentencing by the court, so international legal standards are implemented in the form of sentencing principles that guarantee the rights, freedoms and legitimate interests of the subjects of crimes, including special ones. The principles of sentencing should include the principle of legality of punishment; the principle of certainty of punishment in a court sentence; the principle of expediency of punishment; the principle of justification and mandatory motivation of punishment in the sentence; the principle of justice of punishment; the principle of proportionality of punishment; the principle of humanity of punishment; the principle of individualization of punishment Conclusions. The principles of sentencing embody provisions that oblige to take into account all essential features relating to the characteristics of the offender and the circumstances of the crime. Compliance with these principles and their clear regulation will help to improve the criminal responsibility of special subjects of crimes. Therefore, these principles should be clearly regulated in the criminal code of Ukraine. It is advisable to include the principle of proportionality (conformity) of punishment in the list of sentencing principles. This study is not exhaustive and opens up the prospect of further research on this issue and improving domestic criminal legislation.

scholarly journals Reflection of the Phenomenon of Freedom in Categories of Criminal Law

2020 ◽  
pp. 32-41
Author(s):  
Lyubov Lobanova ◽  
Alexey Rozhnov ◽  
Larisa Larionova
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Personality Development ◽  
Legal Regulation ◽  
Criminal Code ◽  
Positive Law ◽  
The Many ◽  
The Individual ◽  
The Right

Freedom is a natural-legal value that makes up the essence of human nature and therefore it is innate. The latter determines a research interest in how freedom in all the variety of its essential features (freedom, choice, freedom of will, boundaries of freedom, independence of an individual, etc.) manifests itself in various forms of human life, including such a segment of positive law as criminal law. Being a guarantee of personality development, allowing it to break out of the circle of diverse social connections determining its behavior, freedom, nevertheless, has certain limits of its activity. The establishment of these boundaries is necessary to ensure the freedom of each person so that the freedom of one does not become the non-freedom of the other. These boundaries are set by all positive law, including criminal law. Hence, ensuring personal freedom should be the goal of criminal law-making and criminalization of dangerous forms of human behavior. However, ensuring freedom and educating a person in the spirit of a conscious and responsible choice is not the same thing. Therefore, mixing or combining these goals in criminal law is contrary to the goals of legal regulation and testifies to the right of paternalism, incompatible with the purpose and possibilities of law in general and criminal law in particular. The realization of freedom outside is the act of a person, which is the result of a conscious choice of one of the many options for the behavior of the individual as a rational being. Consequently, a set of conscious behaviors themselves, as well as criminal ones which have not gone beyond the limits of its mental activity, i.e. not taken place in the act, under no circumstances can be declared criminal. Hence, the authors once again emphasize that the occurrence and revealing intent to commit a crime are indifferent to the criminal law and are outside its scope. Freedom as a choice embodied in a person's deed is ensured by the establishment of norms in criminal law aimed at protecting external freedom. The latter, through criminal law, legally guarantees an individual the possibility of unimpeded movement, choice of place of residence, place of stay, acting in this capacity as a prerequisite for the realization of freedom in its anthropological dimension. But human freedom manifests itself most vividly as a sign of guilt, which is an indispensable sign of any corpus delicti – the only basis for criminal liability and, therefore, the most serious personality restrictions. It should be noted that the principle of guilt (liability for guilt) is enshrined in the criminal law (Article 5) among the fundamental principles of the industry. Subject to Art. 5 of the Criminal Code of the Russian Federation criminal liability is possible only if there is guilt as a conscious-volitional attitude of a person to the deed and its consequences.

scholarly journals ILLEGAL TURNOVER OF OFFICIAL DOCUMENTS: CRIMINAL LEGAL ASPECT

2019 ◽  
Vol 29 (6) ◽  
pp. 892-898
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Official Document ◽  
The Russian Federation ◽  
Subjective Side ◽  
Made In

The article discusses the issues of criminal liability for encroachments on the procedure of official document circulation. The concept and features of a document and an official document as subjects of criminal law protection are analyzed in detail. Criteria are proposed for distinguishing between a document and an official document, as well as the classification of documents. Particular attention is paid to the analysis of amendments to Article 327 of the Criminal Code of the Russian Federation, made in the summer of 2019, which provide for responsibility for the falsification, production or circulation of fake documents, state awards, stamps, seals or letterheads. The article examines in detail the objective features of the elements of crimes encroaching on official documents, which include the acquisition, sale, stealing, destruction, damage, concealment, as well as forgery of official documents, the sale of fake official documents and their use. The issues of the subjective side of these crimes are considered. The article also focuses on the problems of delimiting the use of obviously fake official documents, the responsibility for which is provided for in paragraph 4 of Article 327 of the Criminal Code of the Russian Federation from crimes, where the use of fake documents acts as a means of committing a crime, such as fraud, illegal obtaining a loan, etc. Suggestions are made on the appropriateness amending a number of articles of the Criminal Code of the Russian Federation, providing for liability for encroachment on official documents.

scholarly journals A Brief Analysis on Human Rights from Hannah Arendt’s Criticism

2018 ◽  
Vol 28 (1) ◽  
pp. 95
Author(s):  
Janilce Silva Praseres ◽  
Marcelo Ramos Saldanha
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Hannah Arendt ◽  
Ethical Values ◽  
Legal Systems ◽  
Right To Life ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Individual ◽  
The Right

Abstract: human rights are a set of ethical values whose purpose is to protect and enable the realization of human dignity in its various dimensions and also prevent the reduction of the individual to the condition of object or, above all, the reduction of his condition as subject of rights, such as the right to life, freedom, security, equality. The universal character of human rights protection demonstrates some weaknesses, especially in the transposition into concrete legal systems, so what we propose is a brief analysis of human rights from Hannah Arendt.Uma Breve Análise Acerca dos Direitos Humanos a partir da Crítica de Hannah ArendtResumo: os direitos humanos são um conjunto de valores éticos que têm por finalidade proteger e possibilitar a realização da dignidade humana em suas várias dimensões e, ainda, impedir a redução do indivíduo à condição de objeto ou, sobretudo, a diminuição da sua condição na qualidade de sujeito de direitos, a exemplo o direito à vida, à liberdade, à segurança, à igualdade. O caráter universal de proteção aos direitos humanos demonstra algumas fragilidades, principalmente, na transposição para ordenamentos jurídicos concretos, assim, o que propomos é uma breve análise acerca dos direitos humanos a partir de Hannah Arendt.

scholarly journals The warning mechanism in the prism of responsibility under Art. 384 of the Criminal code of Ukraine (misleading of court or other authorized authority)

2020 ◽  
pp. 368-372
Author(s):  
Yuriy Glomb
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Internal Factors ◽  
The Public ◽  
Single Complex ◽  
The Will ◽  
Ethical Norms ◽  
The Individual ◽  
Modal Values ◽  
Judicial Actions

The article presents a warning mechanism aimed at overcoming the provision of perjury. The model of warnings has the form ofa single complex, the elements of which are counteraction to misleading the court or other authority. In the prism of liability under Ar -tic le 384 of the Criminal Code of Ukraine, the warning mechanism is one of the types of special warning of a specific person potentiallycapable of committing an offense. The legislator distinguishes six categories of persons whom he warns of criminal liability for misleadinga court or other authority, namely: witness, victim, expert, translator, appraiser, specialist. The strategy of reducing the crimi -nogenic potential of a person who gives evidence or testimony, conclusion or assessment, or translates should be implemented primarilythrough preventive measures.The addressee of an individual warning, which can be considered as one of the types of special warning, is a specific person (person),potentially capable of committing an offense due to external (materially encouraging circumstances, pressure from the public orparty) and internal factors, personal moral and ethical norms, customs, traditions, beliefs, personal friendship or revenge, indifference,retribution and other motives). Warning encourages the individual to take more seriously, attentively and responsibly to provide anytestimony, information, conclusion, translation; not to be indifferent to investigative or judicial actions, summonses to court, trial.In warning or imperative statements with indicative forms, the will is always expressed in relation to future action, which is clearlyperceived as an order. The strength of the influence of the volitional impulse depends on the person who perceives it. In the processof communication, the forms of the order are addressed to a person who depends on the legislator, respectively, and the nuances of theorder acquire modal values of categoricalness.The specificity of modern law is - imperative (categorical, authoritative). It is the form of imperative that does not allow changesin the previously established requirements to act accordingly. Imperative norms of law: 1) prescribe clearly defined actions; 2) establishan unambiguous exhaustive list and content of the rights and obligations of the subjects; 3) do not involve any deviations.

scholarly journals PECULIARITIES OF SUPERVISION OVER THE RECEPTION, REGISTRATION AND AUTHORIZATION OF CRIMES UNDER ARTICLE 145.1 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION BY THE PRELIMINARY INVESTIGATION AUTHORITIES

2020 ◽  
Vol 30 (4) ◽  
pp. 535-540
Author(s):  
M.A. Gabdullina
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Criminal Code ◽  
Federal Law ◽  
Different Types ◽  
Complete Failure ◽  
Employer Liability ◽  
The Russian Federation ◽  
The Right

The Constitution of the Russian Federation protects the right to work for remuneration not below the statutory minimum wage. Non-payment of wages is one of the most serious violations of worker's rights. In this regard, the current legislation provides for different types of employer liability for violating these provisions: civil, administrative and criminal. The Federal law “On amendments to article 145.1 of the Criminal code of the Russian Federation” dated 23.12.2010 No. 382-FZ tightened criminal liability for non-payment of wages. Thus, in particular, this law introduced criminal liability for partial non-payment of wages, while the former wording of article 145.1 of the Criminal code established liability only for its complete failure. In practice, this norm has not previously been brought to criminal liability for partial non-payment of wages. The paper deals with the issues of powers of the Prosecutor at the stage of reception, registration and resolution of reports on crimes provided for by article 145.1 of the criminal code. The problematic issues arising from the investigative authorities in conducting procedural checks on the specified categories of messages are analyzed. Suggestions on the improvement of criminal-procedural legislation are made.

scholarly journals The right to information in criminal proceedings in the context of international legal standards.

2021 ◽  
Vol 3 (3) ◽  
pp. 266-271
Author(s):  
Oksana Pchelina
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Legal Standards ◽  
Court Proceedings ◽  
Right To Information ◽  
The Right ◽  
Procedural Rights ◽  
Material Evidence

It has been noted that such activities are a sphere of public life, which is inextricably linked with the need and possibility of coercion, which clearly indicates the restriction of certain human rights and freedoms to ensure the effectiveness of pre-trial investigation and trial. The provisions of international legal acts proclaiming and ensuring human rights and fundamental freedoms in criminal proceedings have been analyzed. It has been emphasized that in the specified international legal acts there is no interpretation of the right to information, and also it is not considered as the separate right. The essence of the right to information and its place in the system of human rights and freedoms has been determined. The author’s understanding of the concept of the right to information in criminal proceedings has been offered, its content has been revealed and its compliance with international standards of human rights and freedoms has been clarified. The right to information in criminal proceedings has been defined as the possibility and procedure for obtaining, using, disseminating, storing and protecting information provided by the criminal procedure legislation of Ukraine, which determines the principles of criminal proceedings and ensures the solution of its tasks. It has been emphasized that the right to information in criminal proceedings in the context of international legal standards is multifaceted in nature, which allows us to consider it in several aspects, namely as: the basis of criminal proceedings; providing information on procedural rights; informing the person about his / her detention, suspicion / accusation of committing a criminal offense; gaining access to information on material evidence; a ban on the disclosure of information obtained during the pre-trial investigation and court proceedings, and its use not to solve the problems of criminal proceedings.

scholarly journals Transposition of the Acquis communautaire on information and consultation of employees into the legislation of the Republic of Moldova

2021 ◽  
pp. 211-216
Author(s):  
Teodorina Goriuc ◽  
Keyword(s):  
General Situation ◽  
Work Unit ◽  
Acquis Communautaire ◽  
Association Agreement ◽  
Republic Of Moldova ◽  
Right To Work ◽  
The Republic ◽  
The Individual ◽  
The Right ◽  
Made In

Informing and consulting employees, either on the general situation of the community within the work unit, or on the particular requirements and circumstances of the execution of work by the individual is an indispensable guarantee of the proper realization of the right to work. The normative changes made in recent years, following the signing of the Association Agreement and the establishment of harmonization priorities in the acquis communautaire, serve indispensable to create a formal and procedural climate sufficient for the proper exercise of the fundamental right to work and association in labor interests. Considerably the normative gaps capable of limiting their exercise.

CIVIL ACTION IN CRIMINAL PROCEEDINGS AS A UNIVERSAL MEANS OF REDRESS FOR PECUNIARY AND NON-PECUNIARY DAMAGE CAUSED BY CRIME

2021 ◽  
pp. 64-79
Author(s):  
Sergey V. Potapenko ◽  
◽  
Vladimir A. Sementsov ◽  
Keyword(s):  
Civil Rights ◽  
Point Of View ◽  
Moral Injury ◽  
International Standards ◽  
International Treaties ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
Procedural Law ◽  
Judicial Practice ◽  
The Individual

The article notes that sufficient reimbursement for injury to victims of crime is an urgent and global issue, for which solution international legal standards, which are regarded as general-ly recognized principles and regulations of international law and international treaties, as well as enactments containing their official interpretation, are significant. The article critically evaluates the point of view of some individual scientists who deny the need to stipulate the civil claim concept the in the Code of criminal procedure of the Russian Federation as it exists in modern Russian criminal proceedings not only due to the historical experience of the legislator, have long appreciated the evident advantages of the united proce-dure, but also in its consistency with foreign trends in the development of this concept, aimed at ensuring the implementation of international standards in the sphere of promotion and pro-tection of the human and civil rights. Despite the fact that the legislator applies different concepts in determining the conse-quences of torts (including crimes) in the regulations of substantive and procedural law as follows: harm and damage, there has been concluded that it is the injury (property or moral) that constitutes the attribute of obligations caused by the injury infliction, which allows the term to be used legitimately when covering issues of reimbursement for injury in criminal proceedings. Taking into account that a civil claim in criminal proceedings is a way to reimburse not only property, but also moral damage caused by a crime, the most urgent issues that need to be resolved are identified as follows: 1) lack of general doctrinal approaches to determining moral injury and its correlation with other types of injury; 2) inconsistency of the current investigative and judicial practice in determining the amount of compensation for moral injury; 3) ineffectiveness of procedural mechanisms for compensation for moral injury caused by a crime. The current judicial practice of refusing to satisfy claims for reimbursement of moral injury in the case of a crime against property, in the absence of violence against the victim and other actions affecting the life, health, and dignity of the individual has been recognized as not complying with the requirements of the law regulating the status of the victim and the civil plaintiff. According to the authors' point of view, the lack of unified approach to determining of the amount of moral injury caused by crimes is due to the evaluative nature of its definition, when there are no clear estimative criteria, which leads to a tendency to reduce the amount of reim-bursement, although reimbursement for moral injury in an adequate amount would more guarantee the restoration of violated rights of citizens in the sphere of criminal proceedings. Since moral injury can be the result not only of a crime, but also of illegal criminal prose-cution or illegal conviction of a person involved in its commission, it is necessary to establish a unified amount of reimbursement for the injury.

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