scholarly journals Criminal Law Protection of Reproductive Health: Current Challenges

2019 ◽  
Vol 12 (2) ◽  
pp. 147-153
Author(s):  
E. L. Sidorenko
Keyword(s):  
Reproductive Health ◽  
Human Genome ◽  
Criminal Law ◽  
Policy Development ◽  
Practical Importance ◽  
Criminal Policy ◽  
Criminal Code ◽  
Research Findings ◽  
The Individual ◽  
Criminal Legislation

The subject of the research is the specifics of the criminal law protection of reproductive health in the Russian legislation. The topic was chosen due to the increasing dynamics of crimes related to limitation on the reproductive rights of women and men and unauthorized manipulation of the human genome. Despite the growing need for providing a regulatory framework for this kind of relationships, the system of their criminal law protection is only beginning to take shape, therefore, a necessity arises to revise traditional approaches to the protection of the individual. Therefore, the purpose of the paper was to understand the system of criminal law protection of reproductive health in terms of its compliance with trends of medical practices and dynamics of socially significant diseases based on both traditional principles of scientific analysis and the results of applying sociological methods of data processing, which made it possible to identify the most significant directions of the Russian criminal policy development. Moreover, the critical analysis method was used in the research that showed the inconsistency of the system of criminal law prevention of criminal abortions, contamination with socially significant diseases and illegal use of the human genome. Based on the research findings, an author’s model of criminal prevention of attacks on reproductive health has been built and its systemic assessment is given. It is concluded that the legislator is inconsistent in assessing the attributes of an unlawful abortion; the accounting of contamination with certain socially significant diseases is inadequate; the laws prohibiting the use of the human genome need to be included into the Criminal Code of the Russian Federation. The conclusions formulated in the paper have practical importance and can be taken into account by the legislator in the reform of the current criminal legislation.

scholarly journals Liberalization and Humanization of Criminal Law Policy

2021 ◽  
Vol 15 (5) ◽  
pp. 565-577
Author(s):  
Irina Kravchenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Economic Interests ◽  
Special Part ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

The goal of the article is to define modern trends in criminal law policy in the Russian Federation. More thorough research should be carried out in connection with lively scientific discussions on defining the essence of criminal policy and the lack of a universal understanding of the contents and key trends of developing criminal law policy. The author researched two components of criminal law policy which are currently trending in the research community — humanism and liberalization. The author’s own understanding of these characteristics is presented in the article. The author also studied the clauses of the Concept of criminal law policy of the Russian Federation from the standpoint of their correspondence to humanistic and liberal ideas and carried out an analysis of changes in Russian criminal legislation with the aim of identifying modern trends in criminal law policy. The study is carried out for the period of the latest full five years (2016–2020). It is stated that the number of laws aimed at amending the Criminal Code of the Russian Federation, and the number of actually introduced amendments are diverse values. Most changes are aimed at amending the Special Part of criminal law and are connected with criminalization. There is a trend for strengthening the protection of economic interests and public security, which has a rather weak correlation with the widely recognized priority for the protection of the individual, civil rights and freedoms. In general, the analyzed period is characterized by tightening of criminal law policy. The key features of criminal law amendments are their inconsistency, lack of a system or a unified direction. The author concludes that, contrary to the expectations of the public, the humanism and liberalization are manifested very moderately at the current stage of criminal policy’s development, they do not constitute its defining characteristics and challenge its progressive character. One of the promising ways of solving the identified problems is increasing and strengthening the role of criminological research in the development of criminal law policy.

PARADOXES OF CRIMINAL POLICY AND LEGAL TECHNIQUE IN THE FIELD OF COUNTERING CRIMES ENCROACHING ON SEXUAL IMMUNITY AND SEXUAL FREEDOM OF THE PERSON

2020 ◽  
pp. 54-60
Author(s):  
Дмитрий Александрович Неганов ◽  
Кристина Александровна Насреддинова
Keyword(s):  
Cultural Values ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Conflict Of Laws ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

В статье представлено авторское видение наиболее значимых парадоксов современной уголовной политики и юридической техники в сфере противодействия преступлениям, посягающим на половую неприкосновенность и половую свободу личности. Фактическое уничтожение сформированных ранее моральных и культурных ценностей привело к существенному снижению уровня нравственности в современном обществе. Это подтверждается ростом посягательств на выделенные нами объекты уголовно-правовой охраны. Реакция законодателя на происходящее повлекла за собой существенное, концептуальное видоизменение уголовного законодательства в этой области. Кардинально изменена уголовно-правовая концепция, ранее сформированная как в восемнадцатой, так и в двадцать пятой главах Уголовного кодекса России, что породило возникновение ряда существенных парадоксов во взятом для исследования секторе правового регулирования. К основным из них можно отнести коллизионность примечания к ст. 131 УК РФ, пробельность положений ст. 134 УК РФ в части ненаказуемости иных действий сексуальной направленности, проблемы в формировании санкционной политики, а также вопросы конкуренции смежных деяний. В статье не только предпринята попытка их демонстрации, но и представлены пути разрешения. The article presents the author's vision of the most significant paradoxes of modern criminal policy and legal technique in the field of combating crimes that infringe on sexual integrity and sexual freedom of the individual. The actual destruction of the previously formed moral and cultural values, entailed a significant decrease in the level of morality among the population of Russia. This is confirmed both by a significant increase in encroachments on the objects of criminal law protection that we have identified, and on public morality. The legislator's reaction to what is happening has led to a significant, conceptual modification of the criminal legislation in this area. The criminal law concept, previously formed both in the eighteenth and twenty-fifth chapters of the Criminal Code of Russia, has been radically changed, which has given rise to a number of significant paradoxes in the area taken for research. The main ones include the conflict of laws of the note to Art. 131 of the Criminal Code of the Russian Federation, the blankness of the provisions of Art. 134 of the Criminal Code of the Russian Federation with regard to the impunity of other sexual acts, problems in the formation of sanctions policy, as well as issues of competition of related acts. The article not only attempts to demonstrate them, but also ways to resolve them.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals New Trends in the Development of Criminal Law in Modern China: a Review of Changes in Chinese Criminal Legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 115-123
Author(s):  
Dongmei Pan
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Modern China ◽  
Economic Damage ◽  
Public Healthcare ◽  
Republic Of China ◽  
Special Part ◽  
Criminal Legislation

The article discusses the latest changes in the Criminal Code of the People’s Republic of China that were introduced at the end of 2020. The amendments were adopted after numerous revisions and discussions, and were officially published on December 26, 2020. As a result, fifteen new offences were added to the Criminal Code, and 47 articles were modified or amended. These amendments refer to financial security, intellectual property, security of public healthcare, production of food and medications, and the regulation of criminal liability for crimes connected with minors. Thus, they reflect the reaction of criminal legislation to public life through the criminalization and penalization of some publically dangerous actions. At the same time, they indicate the direction of Chinese criminal policy that combines «leniency» and «strictness». For example, most of the newly added offences are minor. On the whole, changes and amendments to the current Criminal Code of China are connected with different institutes of criminal law: reduction of the age of criminal liability for some offences; addition of new offences; introduction of changes and amendments to the dispositions and sanctions of some of the existing offences; provision of an opportunity to impose penalties that are under the lower limit determined by the corresponding Article of the Special Part of the Criminal Code of China if the property obtained in the crime is recovered, or the economic damage to the victim is compensated.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

scholarly journals The Basis for Exemption from Criminal Responsibility

2018 ◽  
pp. 161-168 ◽  
Author(s):  
E. V. Blagov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Main Body ◽  
The Public ◽  
The Future ◽  
The Russian Federation ◽  
The Individual ◽  
Criminal Legislation

The article considers the reason, adequate cause, justifying exemption from criminal responsibility. In the criminal law literature there are numerous decisions on this issue, but their main body alone can not explain why a person is exempted from criminal responsibility. The author concludes that the basis for such liberation must be sought in the personality of the culprit. Under current criminal legislation, justifying the exemption from criminal responsibility can only be elimination or significant reduction in the public danger of the person who committed the crime. In the future, it is necessary to formulate the relevant provisions of the criminal law so that the basis for this exemption is only elimination of the public danger caused by the individual. Accordingly, Art. 76. 2 and part 1 of Art. 90 are subject to exclusion from the Criminal Code of the Russian Federation and, on the contrary, inclusion in the chapter on the exemption from criminal responsibility of the relevant provisions of Art. 80.1 and part 1 of Art. 81 of the Criminal Code of the Russian Federation.

scholarly journals ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY

2020 ◽  
Vol 30 (6) ◽  
pp. 844-850
Author(s):  
V.I. Antonov ◽  
E.V. Antonov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Point Of View ◽  
Relevant Today ◽  
History Of ◽  
Criminal Legislation ◽  
Further Development

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.

scholarly journals Criminal Law Protection of Human Life and Prevention of Murder in Uzbekistan (On the Example of Women)

2021 ◽  
Vol 58 (1) ◽  
pp. 1085-1093
Author(s):  
Khurshida Mirziyatovna Abzalova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Human Life ◽  
Practical Importance ◽  
Special Role ◽  
Law Enforcement Agencies ◽  
The World ◽  
The Individual ◽  
The Uk ◽  
Criminal Legislation

In the world, protection of the rights and interests of the individual is one of the priority areas for improving legislation. In this process, a special role is played by criminal legislation, which is designed to ensure the protection of human life as the most valuable object of criminal law protection. The fight against crimes against life, in particular murder, is the highest priority for judicial and law enforcement agencies. In this regard, the adoption of effective measures to counter deliberate killings, the study of the causes and conditions that contribute to their Commission, as well as the identity of the killer are of great scientific and practical importance. According to statistics provided in the UN Global Study on Homicide report for 2019, the number of murders per 100,000 people in El Salvador is 61.8, in Brazil-30.5, in Russia-10.82, in Switzerland-5.35, in Uzbekistan-3, Finland-1.42, in the UK-1.2[1]. All this indicates the need to pay special attention to effective criminal law protection of human life.

Legislative Use of Attributes of the Status Role Positions of the Guilty Person and the Victim as a Reflection of the Trend of Specialization in the Russian Criminal Law

2021 ◽  
pp. 236-242
Author(s):  
Yuliya S. Karavaeva ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Arithmetic Operations ◽  
Legal Method ◽  
The Status ◽  
Special Rules ◽  
Legislative Changes ◽  
High Dynamics ◽  
Criminal Legislation

The aim of the article is to assess the frequency and validity of the use of the status role characteristics of the guilty person and/or the victim in the construction of special elements of crimes in the context of the issues of the redundancy of the current criminal legislation specialization as the dominant trend of its development. The empirical basis of the study is the numerical values obtained in the course of arithmetic operations to determine the dynamics of legislative changes in the Criminal Code of the Russian Federation and the frequency of using the status role characteristics of the guilty person and/or the victim in special norms. The methodological basis of the work is the formal legal method, which allows working directly with the text of the criminal law in order to both conclude about the high dynamics of its changes and analyze new special norms, which ultimately led the author to the conclusion about the redundancy of its specialization. In addition, the method of mathematical calculations (simplest arithmetic operations), as well as other general scientific methods (analysis, synthesis) were used. Within the framework of a critical understanding of the legislative criminal legal activity for the period of 2018-2020, attention is drawn to its orientation and technical and legal side, the content of which indicates the predominance of the trend of specialization. Being natural and necessary, specialization allows reflecting the differentiation of legal relations as a process that takes place objectively, by differentiating the law. In the case of criminal law, this involves the emergence of special rules for the purpose of differentiating liability. The analysis of some of the special norms that have reappeared in the Special Part of the Code allows concluding that the legislator has chosen a casual way of presenting them, which, taking into account the high dynamics of lawmaking in criminal law, clearly indicates that the trend of specialization has acquired a redundant character. Taking into account the conclusion about the redundancy of specialization of the criminal law, it is possible to overcome it both by rejecting unjustified, reactive criminalization that simulates an active criminal policy of combating crime and by moving to unification processes in terms of eliminating terminological errors, violations of the requirements of systemic legislation, and reducing regulatory material.

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