scholarly journals LEGAL REGULATION OF CRIMINAL LIABILITY OF JUDGES FOR MAKING AN UNJUST DECISION IN UKRAINE: CURRENT STATUS

2021 ◽  
Author(s):  
Nataliya Karpova ◽  
◽  
Grigoriy Zabarniy ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Court Decision ◽  
Current Status ◽  
Constitutional Court ◽  
Court Decisions ◽  
Judicial Practice ◽  
Logical Method ◽  
Definition Of

Subject of study. The article is determined for studying such a question as the recognition by the Constitutional Court of Ukraine of Article 375 of the Criminal Code of Ukraine as inconsistent with the Constitution of Ukraine (unconstitutional). The suggested article includes investigating such a question as the defining and applying of the notions “wittingly unjust” and “injustice” in Ukrainian law, taking into account the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020. Methodology. In this study, the authors used the logical method, the method of semantic analysis, as well as the comparative law method. The purpose. The purpose of this article is analyzing the method and arguments for recognizing the unconstitutionality of Article 375 of the Criminal Code of Ukraine, which have been used by the Constitutional Court of Ukraine in the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020, as well as delineation of the limits and grounds of criminal liability of judges for making unjust decisions after the abolition of Article 375 of the Criminal Code of Ukraine. The authors consider the definition and application of the terms “wittingly unjust” and “injustice” in judicial practice in Ukraine. The authors consider the options for defining the terms “wittingly unjust” and “injustice”, which were developed by Ukrainian lawyers. The authors conclude that there is no generally accepted definition of the terms “wittingly unjust” and “injustice” both in Ukrainian judicial practice and in Ukrainian legal science. The authors come to the conclusion that the concept of “injustice” cannot be used in modern Ukrainian law enforcement practice because it is not defined. The authors analyze the procedure for instituting a criminal case against a judge for a wittingly unjust court decision and conclude that this procedure leads to delegating the function of a judge to assess a court decision to the prosecutor, which is prohibited by the Constitution of Ukraine. The author review the international standards of criminal liability of judges for the issuance of court decisions in comparison with the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine. From the above data, the authors concluded that the arguments of the Constitutional Court of Ukraine to establish the unconstitutionality of Article 375 of the Criminal Code of Ukraine duly justify the repeal of Article 375 of the Criminal Code of Ukraine. The main attention is given to the assessment of the Decision of the Constitutional Court of Ukraine № 7-p/2020 dated June 11, 2020 by the international legal institutions – the European Community and the United Nations. The authors used a logical method to analyze cases of Ukrainian judges making unjust court decisions and found signs of corruption offences or human rights violations in these cases. Сonclusion of the study. Therefore, the authors propose to proceed judges to criminal liability for the corruption offenses in cases where judges judge an unjust court decision. Value/originality. This study is an оriginal proposal to solve the current problem of regulating the criminal liability of judges for the issuance of an unjust court decision at present, after the repeal of Article 375 of the Criminal Code of Ukraine.

Nerespectarea hotărârilor judecătorești pronunțate în materia conflictelor de muncă

2021 ◽  
Vol 2021 (2021) ◽  
pp. 288-317
Author(s):  
Valentina DINU ◽  
Keyword(s):  
Criminal Code ◽  
Court Decision ◽  
Court Decisions ◽  
Interested Party ◽  
Judicial Practice ◽  
The One

This material analyzes two of the modalities of the crime provided by art. 287 of the Criminal Code, respectively the one of non-observance of court decisions: the one regulated at let. d) non-execution of the court decision by which it was ordered the reinstatement into work of an employee and the one regulated at let. e) non-execution of the court decision regarding the payment of salaries within 15 days as of the date of the execution request addressed to the employer by the interested party. With the entry into force of the Criminal Code, on February 1, 2014, these two crimes were taken over from the Labor Code, where they were previously regulated, a series of amendments being implemented with this occasion. The article examines these changes, but also deepens the issues that continue to arise regarding the constitutive content of these crimes, trying to propose solutions for a uniform interpretation at the level of judicial practice.

THE PROBLEMS OF INTERPRETING CERTAIN SIGNS OF THE OBJECTIVE AND SUBJECTIVE ASPECTS OF THE COMPONENTS OF INCITEMENT TO SUICIDE (ARTICLE 110 OF THE RF CRIMINAL CODE): THEORETICAL AND PRACTICAL ANALYSIS

2021 ◽  
pp. 20-27
Author(s):  
N. Zh. Danilina ◽  
◽  
N. F. Angipova ◽  
Keyword(s):  
Law Enforcement ◽  
Attempted Suicide ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
Principle Of Justice ◽  
Per Capita ◽  
Definition Of ◽  
A Minor

Russia is among the top ten in terms of the number of suicides per capita. There are many reasons why a person decides to leave life. Often, it is the result of long-term problems and experiences that a person could not cope with. The reasons for suicide can also be the actions of other persons, including criminal ones classified by criminal law as incitement to suicide. The inaccuracy of the formulated disposition in the article on the incitement to suicide or attempted suicide (Article 110 of the RF Criminal Code) causes controversy in the scientific community and some difficulties in law enforcement. The paper studies the definition of individual objective and subjective signs of incitement to suicide and the search for ways to resolve them. The authors considered various positions of the authors of the interpretation of the concept of objective and subjective signs – a threat as a method of bringing to suicide, a form of guilt of such crime and analyzed the reasons for the contradictory judicial practice in their determination. The analysis allowed differentiating criminal liability of a person who committed a crime considering the principle of justice. The authors propose to amend the disposition of Article 110 of the RF Criminal Code by dividing into separate parts deliberate actions aimed at incitement to suicide and negligence and intent concerning the consequences; to add to the specified article a particularly classifying feature in the form of deliberate actions led to a suicide or attempted suicide of a minor and mentally defective person; to add to Article 163 of the RF Criminal Code (extortion) a particularly classifying feature in the form of serious consequences by negligence, including a suicide.

scholarly journals Aspek-Aspek Konstitusional Penodaan Agama Serta Pertanggungjawaban Pidananya di Indonesia

2018 ◽  
Vol 15 (3) ◽  
pp. 616
Author(s):  
Ajie Ramdan
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Court Decision ◽  
District Court ◽  
Public Order ◽  
Constitutional Court ◽  
The North ◽  
Or Groups ◽  
Thousand Islands

Penodaan agama dalam konteks penafsiran konstitusi telah dijabarkan oleh Mahkamah Konstitusi (MK) dalam Putusan Nomor 140/PUU-VII/2009. UU Pencegahan Penodaan Agama tidak menentukan pembatasan kebebasan beragama, akan tetapi pembatasan untuk mengeluarkan perasaan atau melakukan perbuatan yang bersifat permusuhan, penyalahgunaan atau penodaan terhadap suatu agama serta pembatasan untuk melakukan penafsiran atau kegiatan yang menyimpang dari pokok-pokok ajaran agama yang dianut di Indonesia. Pembatasan-pembatasan tersebut hanya dapat dilakukan dengan Undang-Undang dengan maksud semata-mata untuk menjamin pengakuan serta penghormatan atas kebebasan orang lain dan untuk memenuhi tuntutan yang adil sesuai dengan pertimbangan moral, nilai-nilai agama, keamanan, dan ketertiban umum dalam masyarakat yang demokratis [vide Pasal 28J ayat (2) UUD 1945]. Tulisan ini akan menganalisis aspek-aspek konstitusionalitas penodaan agama serta pertanggungjawaban pidana dalam kasus yang dialami oleh Basuki Tjahaja Purnama. Karena pidatonya di kepulauan seribu memenuhi unsur-unsur tindak pidana dalam Pasal 156a KUHPidana berdasarkan Putusan Pengadilan Negeri Jakarta Utara Nomor 1537/Pid.B/2016/PN.JktUtr. Konsep pertanggungjawaban pidana (criminal liability /toerekeningvatsbaarheid) atau sesungguhnya tidak hanya menyangkut soal hukum semata-mata, melainkan juga menyangkut soal nilai-nilai moral atau kesusilaan umum yang dianut oleh suatu masyarakat atau kelompok-kelompok dalam masyarakat. Analisis pertanggungjawaban pidana dalam delik penodaan agama Islam dalam tulisan ini menggunakan teori pertanggungjawaban pidana, putusan MK Nomor 140/PUU-VII/2009, Putusan Pengadilan tentang Penodaan Agama dan perbandingan pertanggungjawaban pidana di Belanda dan Inggris.Blasphemy in the context of interpretation of the constitution has been elaborated by the Constitutional Court (MK) in Decision Number 140/PUU-VII/2009 The Prevention of Blasphemy Law does not specify restrictions on religious freedom, but restrictions on issuing feelings or committing acts of hostility, abuse or desecration against a religion as well as restrictions on interpretation or activities that deviate from the principles of the teachings of the religion adopted in Indonesia. These restrictions can only be done by Law with the sole purpose of guaranteeing recognition and respect for the freedom of others and to fulfill just demands in accordance with moral considerations, religious values, security and public order in a democratic society. [vide Article 28J paragraph (2) of the 1945 Constitution]. This paper will analyze aspects of constitutionality of blasphemy and criminal liability in the case experienced by Basuki Tjahaja Purnama. Because his speech in the thousand islands fulfilled the elements of criminal acts in Article 156a of the Criminal Code based on the North Jakarta District Court Decision Number 1537/Pid.B/2016/PN.JktUtr. The concept of criminal liability (criminal liability/toerekeningvatsbaarheid) or actually does not only involve legal matters, but also concerns the general moral values or morality adopted by a society or groups in society. Analysis of criminal responsibility in the Islamic blasphemy offense in this paper uses the theory of criminal responsibility, Constitutional Court decision No. 140/PUU-VII/2009, Court Decision on Blasphemy and a comparison of criminal liability in the Netherlands and England.

EKSISTENSI PENERAPAN HUKUMAN MATI DI INDONESIA

2016 ◽  
Vol 1 (1) ◽  
Author(s):  
R Ahmad Muhammad Mustain Nasuha
Keyword(s):  
Death Penalty ◽  
Capital Punishment ◽  
Islamic Law ◽  
Criminal Code ◽  
The State ◽  
Court Decision ◽  
Constitutional Court ◽  
Draft Bill

This study aims the death penalty in Indonesia. We know where the death penalty is contrary or not in terms of the constitution and Islamic law, then we can conclude that if the legal implementation of the death penalty in Indonesia continue to be done or should be abolished. Based on research and the analysis conducted, conclude that Indonesia According to the Indonesian Constitution that the death penalty in Indonesia is constitutional. Constitutional Court Decision No. 2-3 / PUU-V / 2007 states that the imposition of the death penalty was constitutional. Any law governing capital punishment is not contrary to the Constitution of the State of Indonesia. However the legislation in Indonesia death penalty is still recognized in some legislation. There are three groups of rules, namely: Criminal Dead in the Criminal Code, Criminal die outside the Criminal Code, Criminal die in the Draft Bill. According to Islamic law that the death penalty could be applied to some criminal act or jinazah, either hudud qishahs, diyat or ta'zir among others to: Apostate, Rebel, Zina, Qadzaf (Allegations Zina), Steal (Corruption), Rob (Corruption), Murder.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

scholarly journals ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Criminal Liability ◽  
Criminal Code ◽  
Military Vehicles ◽  
Judicial Practice ◽  
Observation Methods ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

scholarly journals Victim of operational provocation or criminal?

2020 ◽  
Vol 2020 (2) ◽  
pp. 111-116
Author(s):  
Viktor Borkov
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Liability ◽  
Physical Property ◽  
Criminal Code ◽  
Judicial Practice ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Legal Justification ◽  
Legal Understanding

The article discusses the urgent, not regulated by the criminal law, problem of qualifying the actions of the person who committed the crime as a result of the provocative actions of law enforcement officials. Attention is drawn to the absence in theory and judicial practice of a consistent scientific and legal justification for the release of persons provoked to a crime from criminal liability. An “encroachment” committed as a result of a “police provocation” is considered taking into account the institutions of complicity, involvement and inducement to commit a crime. The author examines the proposals already made by experts from fixing the provocation of a crime as one of the circumstances excluding criminal liability (Chapter 8 of the Criminal Code of the Russian Federation), to including its arsenal of operationalsearch means to combat crime. According to the constitutional legal understanding of the investigated problem, the assessment of the act of the provoked is influenced by the activities of the persons who incited him to commit a crime, the essence of the disturbed social relations and the nature of the physical, property, organizational or other consequences that have occurred. The question of the criminal legal assessment of the acts of the provoked persons is proposed to be decided differentially, taking into account the reality and the measure of the harm caused by them.

scholarly journals On the Issues of the Application of Part 6 of Article 15 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 15 (3) ◽  
pp. 79-84
Author(s):  
N. N. Korotkikh
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The article analyzes some of the controversial, in the opinion of the author, recommendations of the Decree of the Plenum of the Supreme Court of the Russian Federation No. 10 of 15.05.2018 «On the practice of the courts applying the provisions of paragraph 6 Article 15 of the Criminal Code of the Russian Federation». Lowering the category of crime always requires clear criteria by which the actions of the defendant could be qualified with a change in the gravity of the crime. Based on examples from judicial practice, the thesis is substantiated that “taking into account the factual circumstances of the case” and “the degree of its public danger” are evaluative e criteria and do not always allow to decide the validity of the application of part 6 article 15 of the Criminal Code of the Russian Federation. The discrepancy between some of the recommendations contained in the Resolution of the Plenum of the Supreme Court of the Russian Federation and the provisions of the Criminal Code of the Russian Federation is shown. It is concluded that it is impossible to exempt a person from criminal liability on the grounds specified in the Resolution of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals FORENSIC CHARACTERISTICS OF THE OFFER, PROMISE OR THE PROVISION OF IMPROPER BENEFITS: THE SUBJECT-MATTER OF A CRIME

2020 ◽  
pp. 19-25
Author(s):  
Г. О. Гончарук
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Intangible Assets ◽  
Criminal Code ◽  
Local Currency ◽  
Judicial Practice ◽  
Proposal A ◽  
The Subject ◽  
Definition Of

The article is devoted to the definition of the subject-matter of such corruption crimes as a proposal, a promise or the provision of an undue benefit (stipulated in Article 369 of the Criminal Code of Ukraine). The normative legal acts, forensic scientific literature, and also the analysis of judicial practice are studied. It is ascertained that to the subjects of the proposal, the promise or the provision of undue benefits, that is, the crimes provided for in Art. 369 of the Criminal Code of Ukraine can be classified as: a) cash, b) benefits, c) benefits d) services, e) intangible assets, f) other property. Taking into account the following forming properties, it is expedient to subdivide the objects of the offer or the promise of improper benefit to the official for real and symbolic. In accordance with the analysis of judicial practice, the average subject-matter of a proposal, promise or provision of improper benefit to an official is cash in local currency (UAH) in the amount of UAH 6286.70.

Sign in / Sign up

Export Citation Format

Share Document