scholarly journals Liability for Violation of Quarantine: Novelties of Administrative and Criminal Legislation

2020 ◽  
Vol 9 (2) ◽  
pp. 137-158
Author(s):  
Sergii Starodubov ◽  
Viktoriia Vladyshevska ◽  
Maryna Pyzhova
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Large Scale ◽  
Legal Regulation ◽  
Current State ◽  
Foreign Countries ◽  
Legislative Policy ◽  
The Subject ◽  
Criminal Legislation ◽  
Alternative Solutions

Public legislation has long failed to meet such large-scale challenges as the SARS-CoV-2 pandemic. In emergencies, to protect the lives and health of the population, it is necessary to promptly make decisions on the legal regulation of public relations that have developed due to the spread of Covid-19. For this purpose, the state has created legal mechanisms that are designed to ensure compliance with the rule of law and which need the scientific-legal assessment. The objective of the work is to analyze the novelties of administrative and criminal legislation, which regulate the liability for violation of quarantine. The object of research is the norms of administrative and criminal law. The subject of the study is public relations that have developed as a result of the introduction of quarantine and which are governed by administrative and criminal law. To achieve this goal, the situation in foreign countries was firstly analyzed; general patterns were identified; alternative solutions were proposed, with a minimum restriction of human rights and freedoms. Then, the novelties of the national legislation were studied in more detail; additional specific problems were identified; and a more balanced legislative policy was proposed. As a result of the study, the current state of legal regulation in the areas of administrative and criminal law related to quarantine violations was analyzed; the liability for such offenses was characterized; some conclusions regarding the existing related problems were made and options for their solution were proposed, as well as propositions for modernization of legislation were made.

scholarly journals CRIMINAL OFFENSE IN FOREIGN CRIMINAL LAWS

2021 ◽  
Vol 2 ◽  
pp. 22-25
Author(s):  
Viktoria N. Sizova ◽  
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Criminal Offense ◽  
Foreign Countries ◽  
The Subject ◽  
Criminal Legislation

The article attempts to make a comparative legal analysis of foreign criminal legislation on the subject of legal regulation of the category of criminal offense. The presence of this category in most criminal law systems of foreign countries has been established. It is concluded that it is necessary to introduce a criminal offense in the Russian criminal law

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals Circumstances excluding the criminal act, in the criminal law of Russia and Vietnam

2020 ◽  
Vol 2020 (2) ◽  
pp. 229-240
Author(s):  
Sergey Milyukov ◽  
Andrei Nikulenko
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Comparative Method ◽  
Legal Regulation ◽  
Criminal Code ◽  
Socialist Republic ◽  
Advantages And Disadvantages ◽  
Law Enforcement Officials ◽  
The Right ◽  
Criminal Legislation

the article describes the circumstances excluding criminality of the act in the criminal legislation of the Russian Federation in comparison with the corresponding Chapter of the criminal law of the Socialist Republic of Vietnam. A comparative analysis of the content of the norms regulating lawful harm is made. A number of issues related to the use of weapons by law enforcement officials in Russia and Vietnam were raised. Using the comparative method, the authors try to investigate the relevant norms, identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act. note that the authors are in the position of expanding the range of circumstances that exclude the criminality of the act, which are subject to normative consolidation in the criminal legislation. Moreover, in view of the ambiguous and often inconsistent practice of applying criminal legislation in this area, it is proposed that in the further reconstruction of the relevant norms of Chapter 8 of the criminal code, use a casual way of presentation to create the most understandable for citizens wording of norms that allow lawfully cause harm to public relations protected by criminal law. Otherwise, the very fact of their existence in criminal legislation is called into question because of the inability and unwillingness of citizens to use the right granted by law. Possible ways of resolving contradictions in the criminal legislation of Russia and Vietnam are suggested.

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.

On the Question of the Theoretical Foundations of Regulating Justifiable Defense in Criminal Legislation

2021 ◽  
Author(s):  
S.V. Parhomenko ◽  
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legislative Regulation ◽  
Russian Constitution ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Criminal Legislation ◽  
Theoretical Foundations

The article considers the problem of creating effective criminal legal guarantees for the natural human rights realization in terms of legal regulation of such a circumstance that precludes the criminality of an act, as a necessary defense. The need for legislative regulation of the justifiable defense institution is proved by its social and legal purpose, proceeding from the idea of natural law. To make balanced legal decisions on the justifiable defense regulation in criminal law, it is necessary to identify the shortcomings of the previous theoretical and legal approaches. Basing on the analysis of the federal legislation provisions and the criminal law doctrine, the author proposes a model of legislative regulation of the studied norm. At the same time, it is argued that the subject of defense is the main addressee of the normative provisions on the justifiable necessary defense, it is he who should be able to obtain full information that affects the assessment of the legitimacy of his behavior: from the law and until the moment of implementation of the act of defense, and not at the stage of investigation on the fact of its illegality. Following the letter and spirit of the Russian Constitution, the legislator, who has defined the range of acts prohibited by the Criminal Code, must determine the ways of exercising the right to defense. The solution to this problem must have a differentiated approach, taking into account the value of the protected good and the typical nature of the situation in which this good is threatened with harm.

scholarly journals Problems of Determining the Contents of the Subject and Method of Criminal Law Within the Current Concept of the Development of Public Relations

2020 ◽  
Vol 14 (4) ◽  
pp. 570-580
Author(s):  
Maxim Bavsun
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Human Life ◽  
Personal Space ◽  
Pragmatic Approach ◽  
The Past ◽  
New Methods ◽  
Personal Rights ◽  
The Subject ◽  
Criminal Legislation

The subject and method of criminal law should be placed among those categories that are undeservingly forgotten in the Russian doctrine. This situation is mainly explained by the existence of established views regarding their contents. At the same time, the transformation of public relations, which took place over the 20th century and intensified in recent years, forces us to reflect on how well the basic concepts developed more than 100 years ago correspond to the current situation. Their ability to ensure the development of a unified and, most importantly, effective mechanism of criminal law influence should be reconsidered taking into account the factual changes in the model of public relations and its considerable differences from the previous model. Truly dramatic changes took place at the level of basic conceptual values; they influenced all spheres of human life, not least of which is law in general and criminal law in particular. Not all methods successfully used in the past correspond to new conditions and, at the same time, the development of new methods of influence is specifically limited by the boundaries of the subject and method of criminal law. In this situation West European lawmakers, who are guided by the idea of ensuring public safety viewed as an absolute principle, demonstrate a conceptually different approach to the choice of means and methods of counteracting crime. To achieve the desired result, western criminal legislation uses a maximally pragmatic approach while paying special attention to the personality of the criminal, not criminality in general. However, even this approach is now facing serious challenges. The development of technology made it possible to considerably reduce the personal space of each individual. Personal rights and liberties are under threat. At present, there are not answers to the questions on the limits of such impact and on how far a state could go to ensure its security, while the principles of postmodern are more and more aggressive in minimizing the very possibility for a person to have their own space not controlled by anybody else.

scholarly journals Public private partnership in the development of transport infrastructure

2021 ◽  
pp. 46-62
Author(s):  
А.М. Дроздова ◽  
Е.А. Терещенко ◽  
В.С. Комаров ◽  
И.А. Губанов
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Transport Infrastructure ◽  
Transport Sector ◽  
Private Partnership ◽  
Current State ◽  
Foreign Countries ◽  
The Russian Federation

Статья посвящена основным проблемам, связанным с формированием государственной политики по реализации механизма государственночастного партнерства в транспортной сфере. Анализу подвергается понимание государственно-частного партнерства в указанной сфере, рассматривается современное состояние общественных отношений, особенности нормативно-правового регулирования государственно-частного партнерства в связи с реализацией Транспортной стратегии Российской Федерации. Рассматриваются особенности регулирования отношений государственно-частного партнерства в иностранных государствах. The article is devoted to the main problems associated with the formation of state policy for the implementation of the mechanism of public-private partnership in the transport sector. The analysis examines the understanding of public-private partnership in this area, examines the current state of public relations, es- pecially the regulatory legal regulation of public-private partnership in connection with the implementation of the Transport Strategy of the Russian Federation. The features of the regulation of public-private partnership relations in foreign countries are considered.

scholarly journals The Current State of Normative and Legal Regulation of Bankruptcy Procedures in Ukraine

2020 ◽  
Vol 89 (2) ◽  
pp. 178-188
Author(s):  
V. B. Pchelin
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Legal Analysis ◽  
International Treaties ◽  
Current State ◽  
Procedure Code ◽  
Long Duration ◽  
Procedural Code ◽  
Bankruptcy Procedure ◽  
The Subject

It has been emphasized that one of the means of overcoming the financial crisis is a properly functioning institution of bankruptcy. It has been found out that the efficiency of bankruptcy proceedings in Ukraine is low, due to the long duration of such a procedure and its high cost. The national legislation regulating bankruptcy procedures in Ukraine has been analyzed. Comparative and legal analysis of the Bankruptcy Procedure Code of Ukraine and other normative and legal acts regulating the scope of restoring the solvency of the debtor or his recognition as a bankrupt has been carried out. The contradictory and sometimes radically conflicting provisions of the Bankruptcy Procedure Code of Ukraine have been determined. It has been established that, although the Bankruptcy Procedure Code of Ukraine was adopted not so long ago, and it came into force almost a year ago, it was amended several times. It is evidence of improper normative and legal regulation of bankruptcy procedures, which, in particular, finds its manifestation in the absence of stability in the functioning of this sphere of public relations. It has been noted that the name of the Bankruptcy Procedure Code of Ukraine requires adjustment in regard its change into the Code of Ukraine on Procedures for Restoring the Debtor’s Solvency or Declaring Him Bankrupt, which will fully comply with the subject matter of its normative and legal regulation. Particular attention has been paid to the provisions of the Bankruptcy Procedure Code of Ukraine, which determine the features of its entry into force. It turns out that the Bankruptcy Procedure Code of Ukraine was in force for six months, but not enacted, which is a complete disregard for legal techniques. The instructions of the Bankruptcy Procedure Code of Ukraine on determining the features of normative and legal regulation of legal relations in the field of bankruptcy procedures have been analyzed. The author has suggested the following wording of Part 1 of the Art. 2 of the Bankruptcy Procedure Code of Ukraine: “Bankruptcy proceedings are regulated by the Constitution of Ukraine, International Treaties of Ukraine, the binding nature of which is approved by Verkhovna Rada of Ukraine, this Code, the Commercial Procedural Code of Ukraine and other laws of Ukraine”.

COMPARATIVE LEGAL ANALYSIS OF THE BREACH OF DUTIES OF THE JUVENILE PERSON UPBRINGING IN THE CRIMINAL LAW SYSTEMS OF RUSSIA AND INDIVIDUAL FOREIGN COUNTRIES

2020 ◽  
Vol 10 (6) ◽  
pp. 159-167
Author(s):  
SVETLANA POMNINA ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Holistic View ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

Objectives: Particular issues of comparative analysis of the liability regulation for the breach of duties of the juvenile person upbringing in the criminal law systems of Russia and foreign countries are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norms specified in the Article 156 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: Comparative legal study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of personal actions that consists in breach of duties of the juvenile person upbringing under the Russian criminal code. This reason demands a competent scientific and legal assessment upon the experience of their legal regulation in the norms of foreign criminal law. Conducted comparative analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility for committing a crime under article 156 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Within the framework of this article, a change of the norm wording of the Article 156 of the Criminal Code of the Russian Federation would be justified by the need to implement the particular provisions of the criminal legislation of individual foreign countries. Therefore, this action will help to increase the effectiveness of its application. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.

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