scholarly journals Comparative analysis of criminal legislation of some European countries and Russia in the area of transportation safety

2020 ◽  
pp. 1-16
Author(s):  
Lyubov' Yur'evna Larina
Keyword(s):  
Rapid Development ◽  
Unmanned Vehicles ◽  
European Countries ◽  
Transport Infrastructure ◽  
Transportation Safety ◽  
Legal Norms ◽  
Foreign Countries ◽  
The Subject ◽  
Criminal Legislation ◽  
Practical Recommendations

The subject of this research is the current criminal legislation of a number of European countries and Russia in the area of ensuring transportation safety. Analysis is conducted on legislation of the countries with different legal systems (France, Germany, United Kingdom, and Poland). Special attention is given to the norms that determine the elements of specific offenses. The article also analyzes the penalties that can perform a function of ensuring transportation safety. The author draws parallels between foreign and Russian criminal legislation, outlines their strengths and weaknesses. Due to the rapid development of unmanned vehicles, foreign legislation is examined from the perspective of responsibility for harm inflicted by their usage. The author formulates a number of theoretical conclusions along with practical recommendations targeted at improvement of national criminal legislation. It was established that criminal legislation of the countries under consideration contains the norms aimed at ensuring transportation safety, which relate simultaneously to the description of specific offences and penalties thereof. In many countries, the elements of such offences are differentiated in accordance to various legislative acts. In foreign countries, the elements of offences related to damage or demolition of vehicles or other objects of transport infrastructure are formulated as formal, i.e. they do address any consequences as a mandatory element. Stationary platforms, which play an important role in transport infrastructure, serve as the subject of infringement on transport infrastructure objects. It is underlined that the indicated European countries establish stricter responsibility for the alcohol-related transport crimes than the Russian legislation. There are no special criminal legal norms applicable to unmanned vehicles in the considered legislation.

scholarly journals FEATURES OF PUBLIC OFFICIAL IN CRIMINAL LAW OF UKRAINE

2021 ◽  
Vol 12 (2) ◽  
pp. 113-120
Author(s):  
Oleksandr Tsyvinskyi ◽  
Keyword(s):  
Criminal Code ◽  
Regulatory Function ◽  
Public Official ◽  
Self Administration ◽  
Legal Norms ◽  
The Public ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation ◽  
Regulatory Functions

Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms "an individual fulfilling functions of representative of authority or local self-government" "organizational and regulatory function" and "administrative and economic functions", terms "an individual empowered fulfilling state functions or local self-government", "functions concerning administration of work with employees" and "functions of administration and disposal of other people’s property" accordingly.

scholarly journals White Sea Canal: the experience of ensuring transportation safety under the conditions of the first confessional agreements of the Moscovian State of the XVI-XVII centuries

2020 ◽  
pp. 40-52
Author(s):  
Aleksandr Ivanovich Sidorkin
Keyword(s):  
Transportation Safety ◽  
Legal Analysis ◽  
Administrative Monopoly ◽  
Normative Documents ◽  
Foreign Countries ◽  
State Practice ◽  
Sea Transportation ◽  
Archival Documents ◽  
The Subject

The subject of this article is the problems associated with ensuring transportation safety n the Moscovian State of the XVI-XVII centuries. The author examines the conditions and causal links that influenced the choice of certain measures for ensuring transportation safety. Analysis is conducted on the new to the Moscovian State practice of granting administrative monopoly on ensuring transportation safety to meet the interests of the representatives of certain foreign countries and corporations. The factors substantiating the implementation of administrative monopoly are explained. The algorithm for resolving the cases associated with infringement on the security of English transports in the Moscovian State is described. The scientific novelty of this research consists in determination of noncompliance of the goals of ensuring transportation safety that were claimed in the normative documents (Charters of the Russian tsars of the XVI-XVII centuries) with the actual capabilities and practice for its provision. The conclusion is made that the guarantees of the English sea transportation indicated in the charters of Moscovian tsars should be viewed merely as the declaration of good intentions, rather than factual help. The comparative legal analysis of archival documents allows establishing the fact the English kings interpreted charters of the Moscovian tsars on their own behalf, granting the English nationals the rights and privileges in the area of transportation safety.

scholarly journals On determination of the deadlines with regards to restrictions arising after the dismissal of civil servants for loss of credibility

2021 ◽  
pp. 9-14
Author(s):  
Tigran Antonovich Zanko
Keyword(s):  
Civil Service ◽  
Criminal Responsibility ◽  
Civil Servants ◽  
Negative Consequences ◽  
Federal Law ◽  
Legal Norms ◽  
The Subject ◽  
Service Legislation ◽  
Practical Recommendations

The subject of this research is the legal norms that regulate the consequences of bringing civil servants to responsibility in the form of dismissal due to loss of credibility. It is noted that the current norms of civil service legislation do not contain specific deadlines for restrictions upon the admission to civil service after dismissal for loss of credibility. It is also indicated that the exclusion of a citizen from the register of persons dismissed for loss of credibility does not prevent negative consequences such as failure to enter into civil service is indefinite per se. The author compares the sanctions that restrict the admission of individuals to civil service within the framework of disciplinary, administrative, and criminal responsibility. The main result lies in formulation of practical recommendations for the improvement of civil service legislation, namely clarification of the paragraph 10, of the Part 1 of the Article 16 of the Federal Law No. 79-FZ for determination of the term in which the restriction caused by dismissal for loss of credibility is imposed on the entry into civil service. The article also suggests the mechanism for admission to civil service of persons who have been dismissed for loss of credibility, with participation of the Commission for combatting corruption-related offences.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

scholarly journals Liability for Violation of Quarantine: Novelties of Administrative and Criminal Legislation

2020 ◽  
Vol 9 (2) ◽  
pp. 137-158
Author(s):  
Sergii Starodubov ◽  
Viktoriia Vladyshevska ◽  
Maryna Pyzhova
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Large Scale ◽  
Legal Regulation ◽  
Current State ◽  
Foreign Countries ◽  
Legislative Policy ◽  
The Subject ◽  
Criminal Legislation ◽  
Alternative Solutions

Public legislation has long failed to meet such large-scale challenges as the SARS-CoV-2 pandemic. In emergencies, to protect the lives and health of the population, it is necessary to promptly make decisions on the legal regulation of public relations that have developed due to the spread of Covid-19. For this purpose, the state has created legal mechanisms that are designed to ensure compliance with the rule of law and which need the scientific-legal assessment. The objective of the work is to analyze the novelties of administrative and criminal legislation, which regulate the liability for violation of quarantine. The object of research is the norms of administrative and criminal law. The subject of the study is public relations that have developed as a result of the introduction of quarantine and which are governed by administrative and criminal law. To achieve this goal, the situation in foreign countries was firstly analyzed; general patterns were identified; alternative solutions were proposed, with a minimum restriction of human rights and freedoms. Then, the novelties of the national legislation were studied in more detail; additional specific problems were identified; and a more balanced legislative policy was proposed. As a result of the study, the current state of legal regulation in the areas of administrative and criminal law related to quarantine violations was analyzed; the liability for such offenses was characterized; some conclusions regarding the existing related problems were made and options for their solution were proposed, as well as propositions for modernization of legislation were made.

scholarly journals The controversial issues of the implementation of clemency in the legislation of Ukraine and foreign countries

2020 ◽  
pp. 301-306
Author(s):  
Mykhaylo Denysovskyy ◽  
Inna Tomchuk
Keyword(s):  
Practical Experience ◽  
Point Of View ◽  
Controversial Issues ◽  
Life Imprisonment ◽  
Foreign Countries ◽  
The Subject ◽  
Legislative Support ◽  
Theory Of Law ◽  
Criminal Legislation ◽  
Domestic Law

The article deals with issue of clemency and its controversial application in Ukraine. Thus, the subject of our study is the analysis of the norms of domestic law that regulate the grounds and procedure of applying clemency to people who committed the crime and sentenced to imprisonment. The practical experience of the application of clemency in foreign countries is analyzed. Particular attention is paid to the comparison of the norms of Ukrainian and foreign legislation in the practice of clemency with revealing its disadvantages and advantages. In particular, the regulations of the Constitutions, the Criminal Codes and other normative acts that refer to the issue of clemency are examined. The study demonstrates that legislative support for the implementation of the clemency in Ukraine is vague as from the standpoint of the theory of law and from the point of view of procedural reliability and transparency of legal decision-making. The study has confirmed the weaknesses of the implementation the mechanism of clemency for people who are sentenced to life imprisonment. It has been found that the practice of applying clemency in Ukraine is accompanied with direct violations of the requirements of normative legal acts. The article provides the analyzes of statistics on the number of people who have been granted the clemency in Ukraine and abroad during 2010-2019. The study has confirmed that the issue of clemency is rare practice nowadays in comparison to the previous years. The results of our research suggest that the application of clemency in all countries is not only justified by the considerations of humanism but the institution of clemency also has a practical purpose, it can contribute to the achievement of the specific political goals. The mechanism of clemency has become an up-to-date issue nowadays in Ukraine legislation, thus the study suggests a number of amendments to the legislation of Ukraine to improve the downsides of the legislative regulation of the mechanism of clemency in the criminal legislation.

scholarly journals Comparative Analysis of the Legal Regulation of Civil Liability for Harm Caused to Human Life and Health

2020 ◽  
Vol 14 (3) ◽  
pp. 78-87
Author(s):  
O. B. Shubina ◽  
K. A. Filippova
Keyword(s):  
Comparative Analysis ◽  
New Technologies ◽  
Human Life ◽  
Civil Liability ◽  
Legal Regulation ◽  
Unmanned Vehicles ◽  
Foreign Countries ◽  
General Scientific ◽  
The Subject ◽  
Danger To Others

The purpose of this article is a comparative analysis of the legal regulation of civil liability for harm caused to human life and health by activities that create an increased danger to others in Russia and foreign countries. Due to the intensive development of new technologies and the emergence of new sources of increased danger, there is a need to specify the concept of «activities that create increased danger to others» in Russian legislation. The subject of the article is the norms of law of Russian and foreign legislation regulating the institution of civil liability for harm caused to human life and health by activities that create an increased danger to others. The article is written using General scientific, philosophical and special legal methods of cognition. Based on the results, the article assesses the specifics of regulating harm caused by activities that create an increased danger to others in foreign legislation. Based on the research, it is proposed to distinguish the concepts of «source of increased danger» and «activities that are associated with increased danger to others» in Russian legislation, adding a note to article 1079 of the Civil code of the Russian Federation, as well as to specify the list of sources of increased danger, including unmanned vehicles and fighting dogs.

scholarly journals Features of the appointment and execution of life imprisonment: experience of foreign countries

2021 ◽  
Vol 2 (12) ◽  
pp. 76-80
Author(s):  
O. O. ZELENSKAYA ◽  
Keyword(s):  
Alcohol Consumption ◽  
International Standards ◽  
European Countries ◽  
State Agencies ◽  
Life Imprisonment ◽  
Conditional Release ◽  
Form Of Life ◽  
Foreign Countries ◽  
Criminal Legislation ◽  
And Control

The article reveals various approaches to the appointment and execution of sentences in the form of life imprisonment in a number of foreign countries. The author examined the criminal legislation of Armenia, Denmark, Bulgaria as well as a number of Western European countries: Belgium, France, Switzerland. Attention is focused on the features of parole from serving the punishment specified in the article. Most of those serving life sentences are subject to a range of parole conditions / restrictions. Persons released from life imprisonment may be subject to individual restrictions in relation to place of residence, movement, property, alcohol consumption and control of behavior by state agencies. International standards emphasize that the purpose of conditional release is to help prisoners reintegrate into society. In addition the author proposes a recommendation for improving the current Russian criminal legislation.

scholarly journals Agreement on the recognition of guilt in the legislation of the Republic of Moldova and of foreign countries

2021 ◽  
pp. 35-44
Author(s):  
Gheorghii Sult ◽  
Keyword(s):  
Correct Interpretation ◽  
Legal Norms ◽  
Republic Of Moldova ◽  
Foreign Countries ◽  
The Subject ◽  
The Republic

The purpose of this paper is to contribute to the correct interpretation and application of the provisions by the enforcement bodies of the essence of the institution of the plea agreement, as well as its effects on justice and the offender. The scientific novelty of the work is determined in particular by the novelty and importance of the institution of the plea agreement. This paper attempts to answer some of the problems that might arise in the application of the institution of plea agreement, as well as the application of the punishment in case of the conclusion of the plea agreement. The applicative value of the paper is, in turn, to explain all the important aspects of the subject in the analysis, the interpretation of the appropriate legal norms, the analysis of law which is to identify the solutions and to contribute to the interpretation and application of the analyzed norm in a correct way, without causing legal errors in the application of those rules.

scholarly journals Sourses of Criminal Law of some European Countries and Rules for the Application of Criminal Law in Time

2021 ◽  
Vol 58 (1) ◽  
pp. 1133-1137
Author(s):  
Zayniddin Ziyoviddinovich Shamsiddinov
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Code ◽  
European Countries ◽  
Legal Institutions ◽  
Legal Norms ◽  
Legal Science ◽  
The Republic ◽  
Criminal Legislation

 This article discusses the sources of criminal law in some European countries and the rules of timely application of criminal law. Study of different areas of law, legal institutions and legal norms in a legal system will help to find a solution to such issues that legal science and the legislature had to decide in particular issues related to the temporal application of criminal law. According to the Article 1 of the Criminal Code of the Republic of Uzbekistan the criminal legislation of the Republic of Uzbekistan is based on the Constitution and generally recognized norms of international law and consists of this Code[1]. From this it is clear that the only source of criminal law is the criminal code.

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