scholarly journals A Comparative Understanding of Criminal Liability Formation for Crimes Against Women in Uzbekistan and Cameroon

2021 ◽  
Vol 10 (2) ◽  
pp. 129-148
Author(s):  
Dilbar J. Suyunova ◽  
Yana Yu. Koniushenko ◽  
Nana Charles Nguindip
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Sexual Freedom ◽  
Distinctive Features ◽  
The Republic ◽  
Crimes Against Women ◽  
Victims Of Violence ◽  
Expert Study

Women continue to be victims of violence and the violation of their human rights keep being in the increase as they experienced constant hatred on their status. This article analyzes liability for crimes against women under criminal legislations of the Republic of Uzbekistan and Cameroon by assessing the Criminal Codes rules in both countries in terms of identifying its distinctive features of legal regulation conditional to gender and family differences of subjects is provided. Expert study of criminal legislations related to crimes against women plays a facilitating role in identifying not only real scope of criminal law rules, but also determining if there is a gap in law, or legal regulation is insufficiently socially conditioned. Moreover, analysis of genesis of criminal standards on responsibility for crimes against women made it possible to trace changes in law in relation to such objects of criminal law protection as, for example, life, health, sexual freedom and sexual immunity, honor and dignity of woman, interests of family and its members.

Rekodifikácia trestného zákona v kontexte trestných činov proti republike

2021 ◽  
Author(s):  
Eva Balážová ◽  
Jaroslav Ivor ◽  
Marta Hlaváčová
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Criminal Code ◽  
Change Points ◽  
Modern State ◽  
Criminal Offenses ◽  
The Republic ◽  
The Individual

The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.

scholarly journals Collective Criminal Liability in the Republic of Poland

2018 ◽  
Vol 3 ◽  
pp. 3-10
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Petr A. Litvishko ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Broad Sense ◽  
The Republic ◽  
Polish Law ◽  
Corporate Criminal Liability ◽  
Legal Entities

The article explores collective criminal liability in the Republic of Poland. The analysis of the relevant provisions of Polish law is preceded by a summary of the approaches to the understanding of collective criminal liability abroad, determining the interrelation of the notions of collective criminal liability and corporate criminal liability, defining the content of criminal liability of legal persons in the narrow and broad sense. The paper considers the substantive provisions of the Republic of Poland’s legislation regulating collective criminal liability (criminal liability of legal entities in a broad sense), as well as views of the Polish criminal law doctrine on the nature of such liability and prospects of improving its legal regulation.

scholarly journals Competing Norms on the Confiscation of Property in the Criminal and Criminal Procedure Legislation of the Republic of Belarus and of the Russian Federation

2020 ◽  
Vol 14 (6) ◽  
pp. 914-926
Author(s):  
Alexey Lukashov ◽  
Svetlana Sheveleva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Supreme Courts ◽  
Dual Nature ◽  
The Russian Federation ◽  
The Republic ◽  
Procedure Codes

The confiscation of property is a conventional measure of criminal law impact, therefore, it is included in different normative interpretations of all European states. The legal regulation of the confiscation of property changed in Belarus on July 19, 2019, when it was excluded from the system of punishments and ceased to be applied as a measure of additional punishment. The legislation preserved special confiscation of property acquired as a result of a crime or connected with committing a crime; at the same time, the scope of its application was broadened to include cases of exemption from criminal liability. Special confiscation is determined as a compulsory measure of criminal law character, and not a criminal law measure. A measure that is similar in its content — the confiscation of property — has been in force in Russia since 2006. The authors of the article describe the dual nature of confiscation provided for in the norms of the Criminal Codes and the Criminal Procedure Codes of both countries, as well as the legal ambiguity of these norms. They analyze the legal positions of the Constitutional and the Supreme Courts of Belarus and Russia on the problem of the correlation and application of competing criminal law and criminal procedure norms on confiscations, as well as the court practice of their application, which is contradictory and lacking in uniformity. They recommend how the above-mentioned norms of the Criminal and the Criminal Procedure Codes of Belarus and Russia could be amended. The authors also identify the positive and negative sides of normative regulation of confiscation in both countries and show how Russia and the Republic of Belarus could draw on the positive experience of one another: they give a positive assessment to the absence of a link between special confiscation of property and concrete articles of the Special Part of criminal legislation, as well as to the possibility of using the analyzed measure in cases of exemption from criminal liability without exoneration in Belarus law; Russian law poses a good example of regulating the possibility of seizing not only the property to be confiscated, but also money and other property whose value is proportionate to the value of the property to be confiscated in cases of its absence. It is proven that only the norms of criminal law could act as grounds for the confiscation of property in the Russian Federation (special confiscation in the Republic of Belarus). Criminal procedure norms should just regulate the procedure of applying the norms of criminal law on the confiscation of property (special confiscation).

scholarly journals Pacienta autonomijas un integritātes aizsardzība tiesību aktos

2020 ◽  
Vol 3 (18) ◽  
pp. 28-42
Author(s):  
Aldis Lieljuksis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Criminal Law ◽  
Criminal Liability ◽  
Fundamental Rights ◽  
European Countries ◽  
Legal Norms ◽  
The Republic

Vairākās Eiropas valstīs – Polijā, Portugālē un Lihtenšteinā – paredzēta kriminālatbildība ne tikai par pacientam nodarītu kaitējumu veselības aprūpē, bet arī tad, ja ārstniecība veikta bez pacienta piekrišanas situācijās, kad tā bija nepieciešama, jo tādējādi ir prettiesiski aizskartas cilvēka pamattiesības. Pētījums veikts, lai noskaidrotu, kādās Latvijas Republikas Satversmes VIII nodaļas tiesību normās tiek garantēta personas autonomija un integritāte kā cilvēka pamattiesību neatņemama vērtība, kā arī ielasāma pacienta informētā piekrišana kā pacienta galvenais līdzeklis šo aizsargājamo interešu nodrošināšanā. Several European countries, for instance, Poland, Portugal and Liechtenstein, provide for criminal liability not only for harm to a patient in healthcare but also for treatment without the patient’s consent in situations where it was necessary because of an unlawful violation of fundamental rights. The study was conducted to find out which legal norms of Chapter VIII of the Satversme (the Constitution) of the Republic of Latvia guarantee autonomy and integrity of a person, as an integral value of fundamental human rights, as well as the patient’s informed consent as the patient’s main means of ensuring these protected interests. Whether the protection of these interests is sufficiently effective or should also be provided for in a separate provision of the Criminal Law will be clarified in another study.

PROBLEM ASPECTS OF CRIMINAL RESPONSIBILITY FOR RAPE IN THE CONTEXT OF CHANGES TO ART. 152 OF THE CRIMINAL CODE OF UKRAINE

2017 ◽  
Author(s):  
Stepan Burda ◽  
Keyword(s):  
Human Rights ◽  
National Security ◽  
Mental State ◽  
Criminal Liability ◽  
Criminal Code ◽  
Direct Impact ◽  
Sexual Freedom ◽  
Normal Life ◽  
Basic Law ◽  
Criminal Offenses

The article describes the criminal liability for rape in the context of amendments to Art. 152 of the Criminal code of Ukraine. It is noted that sexual freedom and sexual integrity are among the most important personal human rights. It is regulated by the Basic Law of our state and no wonder the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It is established that the separation of Section IV "Criminal offenses against sexual freedom and sexual integrity of a person" in the Special Part of the Criminal Code of Ukraine means increasing the state's attention to the state of sexual relations in Ukraine. Sexual freedom and inviolability are among the most important personal human rights. It is regulated by the Basic Law of our state and not without reason the legislator placed this object of encroachment in the first sections of the Criminal Code of Ukraine after such as the basics of national security, life and health, will, honor and dignity of the person. Violation of these rights is reflected in the mental state of the victim, has a direct impact on the health, normal life of the person. It should be noted that criminal offenses against the life and health of a person, criminal offenses against the honor of freedom and dignity of a person, criminal offenses against sexual freedom and sexual integrity of a person are the most serious and terrible of all existing in the modern Criminal Code of Ukraine. these crimes, in addition to severe physical trauma, leave in the minds of the victim, his relatives and friends great and horrible memories that last a lifetime, traumatize the psyche and often lead to suicide of victims who can not be rehabilitated. The opinion is expressed that in the disposition of Article 152 of the Criminal Code of Ukraine there is a certain uncertainty in the question of which

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

Criminalization of cartels: a retrospective analysis of domestic legislation

2020 ◽  
pp. 16-25
Author(s):  
A. V. Teslenko
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Historical Method ◽  
Domestic Legislation ◽  
Long Time

The importance of the historical method in the research of all legal phenomena and processes have been highlight a long time ago — so even pre-revolutionary Russian jurists noted that history “indicates a natural cause of existing ugliness and all of this or that condition of criminal law, it states the source of its progressiveness, and provides data for the evaluation of both, old and new, theories and criminal law teachings”. Therefore, the current research and debate on the criminal liability of legal regulation of the problems of anti-competitive agreements should be anticipated by highlighting the evolution of the relevant norms, the development of which took place within the boundaries of three periods — pre-revolutionary, soviet and modern or post-soviet.The author, referring to the original sources, presents the historiography of the evolution of domestic legislation in the field of criminal law protection of competition, and discovers the prototypes of current prohibitions on anticompetitive agreements and mechanisms for identifying such violations.

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