LIABILITY FOR VIOLATION OF ELECTION LAW

2021 ◽  
Vol 6 (10) ◽  
pp. 12-19
Author(s):  
Sardor Suvanov ◽  

This article analyzes liability for violations of electoral legislation, their peculiarity, the procedure and conditions for their application.The types of constitutional, administrative and criminal liability for violation of electoral legislation, as well as their features, have been disclosed.At the same time, the similarities and differences of each type of responsibility, theoretical and practical aspects of their application are analyzed.Keywords: elections, a responsibility, legal responsibility, constitutional and legal responsibility, administrative responsibility, criminal liability

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 427
Author(s):  
Trio Angga Laksana ◽  
Y.A. Triana Ohoiwutun ◽  
Fanny Tanuwijaya

This study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law. Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality.


Author(s):  
Aleksei Viktorovich Ravnyushkin ◽  
Aleksandr Petrovich Nagorny

One of the most acute problems nowadays is the prob-lem of reducing not only the rate of accidents, but also the number of injuries and deaths on the roads. The in-crease in the number of minors injured in road acci-dents, including those driving motor vehicles, causes particular concern. It is stated that bringing individuals to administrative responsibility is possible for transfer-ring control of a motor vehicle to a person who knowing-ly does not have the right to drive a motor vehicle under Part 3 of Article 12.7 of the Code of Administrative Of-fences of the Russian Federation, and also for not taking measures to prevent repeated driving vehicles by mi-nors who do not have such right, under Part 1 of Article 5.35 of the Code of Administrative Offences of the Rus-sian Federation. However, administrative responsibility and measures of administrative punishment do not pre-vent serious socially dangerous consequences from driving motor vehicles by minors who do not have this right. The present study substantiates the need to estab-lish criminal liability for failure by parents to fulfill their obligations to educate and teach minors to observe traf-fic rules, which is expressed in letting minors drive mo-tor vehicles without having this right, which resulted in serious consequences due to negligence.


2019 ◽  
Vol 3 (88) ◽  
pp. 125
Author(s):  
Aleksandrs Matvejevs

Currently, the issue of administrative responsibility seems to be very relevant and requiring additional scientific research, since the norms of administrative responsibility systematically undergo a number of changes. And this is right, because   the changes in the regulations of administrative responsibility should consist of an analysis of legal relations’ dynamics at the present stage due to the fact that the legislation on administrative responsibility as one of the types of legal responsibility requires a unified approach to develop a clear scientific concept and improve it.


2021 ◽  
pp. 39-43
Author(s):  
Л.Н. Сморчкова

В статье исследуются особенности привлечения организаций к административной ответственности по статьям 19.28 и 19.29 КоАП РФ, а также по ряду составов административных правонарушений, косвенно указывающих на наличие в них коррупционной направленности. Рассматривается проблема расширения административной ответственности организаций и лиц в случаях совершения коррупционного правонарушения от имени или в интересах юридического лица. The article examines the features of bringing organizations to administrative responsibility under Articles 19.28 and 19.29 of the Administrative Offenses Code of the Russian Federation, as well as for a number of administrative offenses that indirectly indicate the presence of corruption in them. The problem of expanding the administrative responsibility of organizations of persons in cases of committing a corruption offense on behalf of or in the interests of a legal entity is considered.


Author(s):  
Sergey V. Vedyashkin ◽  
◽  
Daria V. Sennikova ◽  
Elman S. Yusubov ◽  
◽  
...  

The article deals with the problems of administrative responsibility for violations of the election legislation; the issue is studied in the context of the legal status of electoral commis-sions. The authors assess the administrative-tort and constitutional-legal provisions, mediating issues and the implementation of administrative responsibility for violations of the election legislation. Attention is drawn to the peculiarities of the legal status of electoral commissions and the functions of their activities. The content of certain issues related to the jurisdiction of election commissions in terms of the implementation of their administrative and tort powers is studied in the article; the analysis of their content is carried out, the problems of practical importance, including an assessment of the legal status of election commissions, are pointed out. When writing the article, the authors used the following methods when writing: system analysis, dialectical, logical, comparative-legal, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – the inconsistency of election and administrative legislation and the practice of their enforcement are also expressed in bringing to justice by corpus delicti, which does neither involve the payment of a fairly significant fine, nor significantly affects the maintenance of law and order; – municipal election commissions as well as other election commissions that do not func-tion outside the election campaigns may additionally need material technical and methodological support in fixing administrative offenses; – legal responsibility in the electoral process needs to be transformed according to the principles of the work of election commissions, expressed in the capacious category of “effec-tive care” for the implementation of passive and active suffrage; – the measures of administrative responsibility, first of all, penalties addressed to candi-dates and electoral associations, cannot exceed the amount of funds spent on average for the election campaign at the lowest level, a spontaneous increase in the size of this sanction is not permissible and needs to be revised, taking into account the proposed indicators; – when updating the institution of responsibility in the electoral process, the principle of federalism should also be taken into account. In this regard, it seems possible to delegate to the legislative (representative) bodies of the subject the right to fix in the legislation on administrative offences the constituent elements of crimes used in the course of municipal elections.


Author(s):  
Katie Woodward ◽  
Yvonne Melia ◽  
Helen Combes

Abstract In 2005, Special Guardianship Orders (SGOs) came into law in England enabling carers to take full legal responsibility for all aspects of a child’s care, and to therefore provide a foundation to build a life-long permanent relationship. To date, little research has been carried out with a particular emphasis on SGOs, and the impact that they have. Q-Methodology explored carers’ experiences and perceptions of SGOs over time, from the point at which carers applied for the SGO until now. Ten participants each completed three Q-Sorts by way of sorting 47 statements. Seven factors emerged from the Factor Analysis but only five were found to be significant (Eigenvalues above 1.0). The factors reflected variance in Special Guardian’s perceptions of preparation for and understanding of their role, role reward, obligation to take on the role, levels of support, relationship with the birth family and their bond with the child(ren) in their care. This study provides an insight into the experiences of carers-granted SGOs. The similarities and differences in these viewpoints are discussed. The findings suggest that more time and preparation is needed to ensure that carers are better prepared to manage any difficulties that may arise.


2010 ◽  
Vol 11 (2) ◽  
Author(s):  
Gregor Urbas ◽  
Kendra Fouracre

AbstractTo what extent can Internet Service Providers (ISPs) and Internet ContentHosts (ICHs) be liable for criminal and civil breaches of the law arising from the distribution of illegal Internet content such as child pornography or other offensive images? Do they have obligations to assist in the prevention and detection of crimes involving illegal content? What about material that breaches privacy, consumer protection, copyright or contract laws? If such liabilities do exist, what can ISPs do to protect themselves? These questions have been approached in several different ways around the world, with a number of regulatory approaches emerging including direct legislative provisions on ISP and ICH obligations, mandatory or optional content blocking or filtering regimes, “three strikes” policies aimed at controlling consumer behaviour, and “safe harbour” provisions for commercial conduct that does not actively assist in the commission of criminal offences or civil wrongs. This article reviews recent developments and emerging schemes of civil and criminal liability that apply to ISPs and ICHs, or that impose requirements on ISPs to act against their customers. Details of these schemes are drawn from a variety of jurisdictions, in order to highlight similarities and differences.


Author(s):  
Sergey V. Petkov ◽  

The article analyses the scientific approaches of scientists to the evolution, essence and features of the concept of �responsibility�, �social responsibility�, �legal responsibility�. It is stated that responsibility is determined by the level of development of public consciousness, the level of social relations, existing social institutions. Liability as a social phenomenon can be manifested both in a positive way � receiving a reward, and in a negative - for committing offences. The classification of responsibility as a social phenomenon depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished. It is theoretically substantiated that legal responsibility differs from other types of social responsibility by formal definition, obligatory observance of legal norms, state control over their execution, application of state coercion to the offender, prevention of offences and protection of law and order. The degree of responsibility in public and private legal relations is determined. Public torts (crime and misdemeanor) are analysed, problematic issues are outlined and suggestions for their improvement are provided. Types of legal liability for committing offences (torts) are considered. Emphasis is placed on the fact that responsibility is a necessary condition for the development and effective functioning of the state, its effectiveness depends on the mechanisms of responsibility to the individual and is determined by the level of social consciousness, the level of social relations, existing social institutions. The key task of accountability is the fair application and inevitability of punishment. Today, the real threat to national security is a theoretically unfounded amendment of the legislation on liability for offenses. Chaotic, unsystematic accumulation of blanket norms in the basic codes, introduction of new definitions and definitions in the legislation on criminal liability, misunderstanding of the essence of disciplinary liability for misdemeanors, creation of new bodies carrying out administrative activities carried out in the field of other state bodies. This has led to real irresponsibility of government officials and vulnerability of citizens from illegal actions of offenders. The Constitution of Ukraine states that a person may be liable only for offences defined by law. The law must be clear and effective. Punishment is just and inevitable. However, the law will be effective only when it will contain all the components of the rule of law: the hypothesis is usually a behaviour; disposition - violation of this rule; sanction - punishment for violation.


2018 ◽  
Vol 14 (2) ◽  
pp. 101-108
Author(s):  
Heni Hendrawati ◽  
Nurwati Nurwati ◽  
Budiharto Budiharto

The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.


Author(s):  
Turgunov Oybek Karimovich

The article covers the actual legal responsibility and consideration of the courts for violations of the legislation during the elections to the representative bodies of state power of the Republic of Uzbekistan or limitation of citizens’ voting rights in one way or another as well. KEY WORDS: Elections, election commissions, voters, legal responsibility, administrative responsibility, courts.


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