CRIMINAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Professional Activity ◽  
Professional Activities ◽  
For Profit ◽  
Illegal Behavior ◽  
Administration Of Justice ◽  
The Status

The article presents the key features of the criminal liability of judges. It has been established that the legal basis for bringing judges to criminal liability is governed by the provisions of the Law of Ukraine "On the Judicial System and the Status of Judges", the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine. It has been established that usually the illegal behavior of a judge or the irresponsibility of a judge primarily arises from the imperfection of the legislation, which regulates the main aspects of a judge's behavior in the course of his professional activities. It has been determined that, in accordance with Article 375 of the Criminal Code of Ukraine, a judge who has passed a false sentence (decision, ruling or ruling) is prosecuted and punished by restraint of liberty for a term of up to five years or imprisonment for a term of two to five years, and In the event of grave consequences as a result of such actions of a judge or their commission for profit, for personal purposes or to create an obstacle to the legality of the journalist's professional activity, the judge is punished with imprisonment for a term of five to eight years. It has been proved that the main elements of a judge's legal status are immunity, which provide for the conduct of an independent justice. It was found that judges cannot be held accountable for their judicial decisions, except for cases when they committed a crime or disciplinary offense. It has been established that a judge can be detained on the basis of a suspicion of an act they have committed, for which it is envisaged to bring to criminal or administrative responsibility, with the exception of cases specified in the legislation. It has been determined that, on the basis of bringing a judge to criminal responsibility, he may be temporarily suspended from the administration of justice for a period of not more than two months on the basis of a petition made by the Prosecutor General of Ukraine or his deputies in accordance with the procedure established by law, while only the High Council of Justice makes a decision on the temporary suspension of a judge from administering justice. It has been proved that the court in which the judge committed a criminal offense and which is subject to criminal liability, holds or has held the office of a judge, cannot bring charges against a judge and carry out on the following grounds of justice with a judgment, except in cases determined by law. It has been determined that bringing judges to criminal responsibility is a rather difficult process, since today there are few cases in which judges were held accountable for their crimes.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

Principles of liability under the Polish Criminal Code for behavior relating to the termination of pregnancy undertaken in Poland and the Czech Republic

2020 ◽  
Vol 20 (1) ◽  
pp. 237-264
Author(s):  
Olga Sitarz ◽  
Anna Jaworska-Wieloch
Keyword(s):  
Czech Republic ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Termination Of Pregnancy ◽  
Legal Analysis ◽  
The Czech Republic ◽  
The Third ◽  
Legal Situation

Summary The article explores the problem of significance the termination of pregnancy in the context of criminal responsibility. In the first step, the legal analysis is focused on establishing the change of legal status connected with abortion and all the consequences for criminal responsibility. The second section refers to the current act, trying to find the answer how to recognized the termination of pregnancy. The third part refers to legal situation in Czech Republic at this area. Finally, some reflections on the criminal liability for the place of the offence have been presented. The possibility of conviction for abortion in a country where it is legal should be examined..

scholarly journals RATIO OF THE LEGAL AND PROCEDURAL STATUS OF THE HEAD OF INVESTIGATIVE BODY

2018 ◽  
Vol 22 (2) ◽  
pp. 158-165
Author(s):  
T. Yu. Popova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Legal Proceedings ◽  
The Status ◽  
The Russian Federation ◽  
Legal Sense

Article is devoted to search of author's determination of the criminal procedure status of the head of investigative body. Determination of the status is given in it is general legal sense, types of legal statuses, such as the general (constitutional), special (patrimonial), individual, the status of the foreigner and branch legal statuses are allocated. The discussion about a ratio of legal status and a legal status on the basis of which conclusions the author has divided concepts of legal and procedural status per se is given. Are carried to number of elements of legal status of the head of investigative body: the rights and duties provided by the Code of Criminal Procedure of the Russian Federation and specified departmental standard legal by acts of the Ministry of Internal Affairs of the Russian Federation, SK of Russia and FSB of Russia; the criminal liability regulated by the Criminal Code of the Russian Federation and the disciplinary responsibility provided by subordinate regulations for non-execution or inadequate execution of the procedural powers; procedural and administrative accountability of activity of the head of investigative body to the head of higher investigative body. Elements of the criminal procedure status of the designated participant of criminal trial, according to the author, are the rights and duties provided by the Code of Criminal Procedure of the Russian Federation; the accountability of activity of the head of investigative body to the head of higher investigative body regulated by the Code of Criminal Procedure of the Russian Federation. The author has also mentioned a discussion about existence of criminal procedure responsibility of participants of criminal legal proceedings. In article the maintenance of each of elements of the status and justification of reference of each of them to this or that type of the status is opened. Proceeding from the considered structure, the concept of the criminal procedure status of the head of investigative body as the position of the head of the investigative body including his procedural laws, duties and accountability to the head of higher investigative body regulated only by the Code of Criminal Procedure of the Russian Federation is formulated.

Circumstances Which are the Basis Of Exemption of a Person From Criminal Liability for Corruption Offences in the Field of Professional Activities Related to Public Service

2020 ◽  
Vol 11 (2) ◽  
pp. 201-210
Author(s):  
Shevchyshen Artem Viktorovich
Keyword(s):  
Public Service ◽  
Public Services ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Basis ◽  
Professional Activities ◽  
Service Activities

The article examines the peculiarities of proving circumstances, which are the basis for the release of a person from criminal responsibility for corruption offences in the field of service activities related to the provision of public services. Substantive and procedural legal basis for such release has been found and the peculiarities of proving circumstances which are the grounds for the release of a person from criminal responsibility on the basis of article 49 and part 5 of article 354 of the Criminal Code of Ukraine have been analysed.

scholarly journals Problem Questions of Subject of Syllables of Crimes are against Bases of National Safety of Ukraine

2019 ◽  
pp. 340-357
Author(s):  
Ruslan CHORNYI
Keyword(s):  
Criminal Law ◽  
Military Service ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Public Authorities ◽  
Issue Attention ◽  
The Subject

According to Part 1 of Art. 18 of the Criminal Code of Ukraine is the subject of the crime is a natural convicted person who has committed a crime at the age of criminal responsibility. The special subject of the crime is a natural convicted person who committed at the age of criminal responsibility, a crime that can be subject only to a certain person (Part 2 of Article 18 of the Criminal Code of Ukraine). Thus, the law defined a clear list of features that are mandatory when deciding whether to admit a person guilty of committing any crime, including those provided for in Article I of the Special Part of the Criminal Code of Ukraine. At the same time, the addition of the General part of the Criminal Code to Section XIV–1 «Measures of Criminal Law on Legal Entities» necessitates the harmonization of these provisions with the definitions of the subject of crime, guilt, criminal liability, punishment, complicity in crime and other institutions of criminal law. . In this regard, it is justified that the subject of the crimes, provided by Art. 109–1141 is an exclusively physical, condemned (restrictedly convicted) person who committed the crime at the age specified in sections 1 and 2 of Art. 22 of the Criminal Code of Ukraine. It has been found out that the subjects of some crimes may in fact be persons who, before committing crimes, have been 18 years old (treason committed by a serviceman), 21 years (committing acts of the People's Deputy aimed at violent change or overthrow of the constitutional order or seizure of the state authorities), 35 years (committing a crime under Article 111 of the Criminal Code of Ukraine by the President of Ukraine), etc. However, in such cases, it is not a matter of increased age of responsibility, but of the possibility of acquiring a person of the appropriate legal status, which presupposes intellectual (to exercise certain powers) and physical (to pass military service) fitness for a certain type of activity. The questions of special subjects of crimes against the bases of national security of Ukraine, which can be divided into the following groups, are investigated: 1) a citizen of Ukraine (Article 111); 2) foreign citizen or stateless person (Article 114); 3) a representative of the authorities (Part 3 of Article 109 and Part 2 of Article 110). It is proved that the actions of a person who acquired the citizenship of another country should be qualified under Art. 111 of the Criminal Code of Ukraine, as this fact is only a reason for the loss of citizenship of Ukraine and the issuing of a relevant decree of the President of Ukraine on this issue. Attention is drawn to the need to clarify the provisions of Art. 109 and other norms of the Criminal Code of Ukraine (Part 1 of Article 294, Part 3 of Article 296, Part 1 of Article 342, Article 349 and Part 2 of Article 4361 of the Criminal Code of Ukraine) in terms of predicting the liability of public authorities in them for taking appropriate action. Considering the possibility of interfering with the lawful activity of the Armed Forces of Ukraine and other military formations (Article 1141 of the Criminal Code of Ukraine) by means of socially dangerous inactivity of officials, which may impede the conduct of mobilization activities, the necessity of making appropriate changes to Part 2 of the above is justified article.

scholarly journals HOLDING THE HIGHEST POSITION IN THE CRIMINAL HIERARCHY: CRIMINAL LAW ASPECT

2021 ◽  
Vol 17 (3(65)) ◽  
pp. 108-120
Author(s):  
Валерий Анатольевич НОВИКОВ
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
Scientific Publications ◽  
Legal Provisions ◽  
The Status ◽  
The Russian Federation

The paper discusses the most pressing issues of criminal responsibility for holding the highest position in the criminal hierarchy. Liability for such an act was introduced by Federal Law No. 46-FZ of April 1, 2019 by supplementing the Criminal Code of the Russian Federation with Article 210¹. In order to characterize the constituent elements of this crime, the legislator used the concepts of «criminal hierarchy» and «the highest position in the criminal hierarchy» that are not defined in the current normative legal acts, which makes it difficult to apply the considered criminal law norm. Some scientific publications note that the introduction of criminal liability for a person occupying the highest position in the criminal hierarchy is not in agreement with Article 8 of the Criminal Code of the Russian Federation, which, as the sole basis of responsibility, specifies a socially dangerous act containing all the elements of a crime and not the status of a person in the criminal world. Purpose: based on modern scientific concepts and judicial practice, a comparative study of national legislation with similar legal provisions of other states, to interpret the concepts in question and, on that basis, to define the range of socially dangerous acts, which may be incriminated against a person prosecuted under Article 210¹ of the Criminal Code of the Russian Federation. Methods: methods of analysis and synthesis, generalization, comparative legal, formal logical, legal dogmatic and other methods of scientific knowledge are used. Results: on the basis of the study, the author concludes that not the status of a criminal leader itself, but the administrative activity due to the highest position in the criminal environment to streamline organized crime in freedom and in places of execution of punishments constitutes grounds for responsibility under Article 210¹ of the Criminal Code of the Russian Federation. There is also an indicative list of persons to be considered as perpetrators of offences under Part 4 of Article 210 and Article 210¹ of the Criminal Code of the Russian Federation.

scholarly journals RELEVANT ISSUES OF THE CRIMINAL LIABILITY OF THE PRIVATE DOCTORS FOR CORRUPTION CRIMES

2019 ◽  
Vol 72 (7) ◽  
pp. 1354-1358
Author(s):  
Olha S. Bondarenko ◽  
Volodymyr V. Pakhomov ◽  
Sergey V. Saulyak ◽  
Mykhailo O. Dumchikov
Keyword(s):  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Problem ◽  
Scientific Methods ◽  
Private Physician ◽  
General Scientific ◽  
Objective Side ◽  
Private Doctor

Introduction: Corruption, as a socio-economic problem, is characteristic of every society. The aim: To study relevant issues of criminal liability of the private doctors for committing corruption crimes. Materials and methods: In the article general scientific and special-scientific methods of cognition wer eused which provided an objective analysis of the research purpose. Review: The article analyzes actual questions of relenant issues of criminal liability of the private doctors for committing corruption crimes. The authors propose to research the criminal responsibility of this specific subject through the prism of the crime, as well as it’s elements. Thus, special attention is focused on the analysis of thees sence of the object of the crimes, the responsibility for which provided in. Art. 365-2 and 368-4 of the Criminal Code of Ukraine. Inaddition, the concept of “unlawful profit” is investigated, in the context of comparison with the “bribe”. Thees sence of the objective side of corruption crimes, the subject of which is a private doctor, is explained in detail. In particular, the concepts of “authority”, “offer”, “promise”, etc. Particul arattention is paid to analyzing the legal status of a private doctor as a person authorized to provide public services. The authors focus on the analysis of the subjective side of thes corruption crimes being studied by a private physician. All penalties that can be applied to a private doctor for committing corrupt acts are systematized. At the very end, the issue of the totality of crimes is investigated. Conclusions: Bringing a private doctor in the responsibility for committing a corrupt act is difficult in there gion, because the criminalization of corruptionactions of suchpersons took place relatively recently, therefore, pre-trial investigation bodies have not yet established a well-established system of tactical and methodological actions that would facilitate this process.

scholarly journals CRIMINOLOGICAL CHARACTERISTICS OF A CRIMINAL ABUSING POWERS IN PROVIDING PUBLIC SERVICES

2020 ◽  
Vol 2020 (2) ◽  
pp. 17-30
Author(s):  
Kopotun I. M. ◽  
◽  
Chernysh V. V. ◽  
Keyword(s):  
Work Experience ◽  
Public Services ◽  
Legal Status ◽  
Demographic Data ◽  
Criminal Code ◽  
The State ◽  
Professional Activity ◽  
Criminal Offense ◽  
Professional Activities ◽  
The Individual

The article gives a criminological description of a criminal who abuses his powers in providing public services. It is analyzed the state of domestic and foreign criminological researches concerning definition of this person concept as one of the fundamental elements of the criminological characteristic. Through a research of official statistics and court verdicts, the authors present a criminological portrait of a subject of criminal offense under the Article 365 of the Criminal Code of Ukraine. The characteristics are given regarding the main features and peculiarities of a criminal’s personality formation in the conditions of professional activity and the main determinants of the formation of his socially harmful, deformed legal consciousness. On the basis of the statistical data research on persons committing a criminal offense under the Article 365 of the Criminal Code of Ukraine, the main criminological characteristics of the offender are given in the article, including socio-demographic one (sex, age, education, place of birth, residence), socio-role (social) functions of the individual, belonging to a certain social group, interaction with other social groups, etc.), moral, psychological, emotional characteristics. The mechanism of interaction of social and biological aspects in a criminal is also revealed, and a criminal person is classified into separate types (according to socio-demographic data, socio-economic indicators, citizenship, a person’ state at the time of committing a criminal offense, etc.). It is established that the socio-demographic characteristics of persons abusing powers in providing public services, due to legal status, qualification requirements for the profession, all subjects of the criminal offense are citizens of Ukraine, who have, as a rule, higher education, necessary work experience in professional activities and who have received permission from the state to conduct public services, are characterized by a change in the motivational component and the transformation of value orientation, deviated from official discipline and the transformation of a person from law-abiding to a criminal one. Key words: criminological characteristics, a criminal, abuse of power, public services, persons providing public services.

scholarly journals Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects

2019 ◽  
Vol 13 (4) ◽  
pp. 564-574 ◽  
Author(s):  
Zarina Khisamova ◽  
Ildar Begishev
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Legal Status ◽  
Industrial Revolution ◽  
Criminal Liability ◽  
Criminal Code ◽  
Design Development ◽  
Legal Personality ◽  
Active Involvement ◽  
Self Learning

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.

scholarly journals Concept Of Criminal Liability Of Notary Law In Deed Making Based On Perjury

Jurnal Akta ◽  
2020 ◽  
Vol 6 (4) ◽  
pp. 675
Author(s):  
Ailina Rahmanita Fauzi ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Field Studies ◽  
Criminal Code ◽  
Primary Data ◽  
Element Formulation ◽  
False Information ◽  
Civil Suit

Purpose research These are 1) To analyze the concept of criminal responsibility notary law in the deed that is based on false information. 2) To analyze the legal consequences of the deed notary Based on False Information.The method used by researchers is Empirical Juridical (socio legal research)and specification in this study were included descriptive analysis. Even the sources and types of data in this study are primary data obtained from field studies with an interview with a notary in Grobogan. And secondary data obtained from the study of literature. This study uses qualitative data analysis Based on the results of research that 1) Notaries can not be held criminal liability associated with the manufacture of the deed (partijnakten) based on false information, and can not meet the crime of counterfeiting element formulation in Article 266 paragraph (1) in conjunction with Article 55 paragraph (1) of the Criminal Code. 2) However, the notary can be held criminal liability against relaas deed or deed of officials (ambtelijke akten) if deliberate or careless notary make a fake deed to the detriment others. That made base on notary deed against false information does not in itself result in the deed null and void. The aggrieved party to the existence of the deed as it should file a civil suit to the court to cancel the deed.Keywords : Concept of Law; Criminal Responsibility; Notary; Deed; Specification False

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