scholarly journals Kilka uwag o potrzebie zachowania spójności pomiędzy prawem karnym a innymi dziedzinami prawa

2021 ◽  
Vol 28 (2) ◽  
pp. 27-42
Author(s):  
Anna Jaworska-Wieloch
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Legal System ◽  
Legal Regulations ◽  
Legal Norms ◽  
The One

The principle of subsidiarity of criminal law requires the location of the norms which regulate specific social relations beyond the branch of law which was adduced. On the one hand, it enables the realisation of the postulate, peculiar to the system of repressive law, to place the rules of conduct and the norms which regulate specific relations beyond criminal law. On the one hand, the intervention with criminalisation into relations regulated by other branches of law should enforce a significant synchronisation of the regulations of criminal law with the norms which are peculiar to a given branch of law. A legal system which features co-relations should represent consistency. As a result, the criminalisation of behaviour regulated by other branches of law deepens the connotations between them. The enracinement of legal regulations into an increasing number of new areas is the source of doubts associated with the lack of consistency between the particular regulations or, in the case of a strong drive of the criminal law to inscribe itself into legal norms which regulate a given sphere of life, to the negation of the capability of the criminal law to acquire functions which are set to this branch of law. On the basis of selected examples, the article attempts to reflect upon the legislator’s maintenance of the balance between these values.

scholarly journals INSTITUTE OF PUBLIC SERVANTS RESPONSIBILITY IN THE SYSTEM OF SERVICE LAW OF UKRAINE

2021 ◽  
pp. 5-9
Author(s):  
А. Berlach
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Public Relations ◽  
Social Relations ◽  
Public Service ◽  
Legal System ◽  
Legal Status ◽  
Wide Sense ◽  
Public Servants ◽  
Legal Norms

The article is devoted to the research of the institute of responsibility of public servants in the system of service law of Ukraine. It is emphasized the importance of legal support for the functioning of the public service system, in particular the regulation of the mechanism of responsibility of public servants. It is noted that the institution of responsibility is a mandatory element of the system of every branch of law, including official, because it is this legal entity whose task is to ensure the proper implementation of the legal status of every public servant. Considering the responsibility of public servants from the standpoint of social and legal content, the author emphasizes that the views of scholars on this issue are very different, as they reflect the palette of the worldview of each individual researcher and characterize the various aspects of public relations. In a wide sense, responsibility is a legal relationship between public authorities in the person of its authorized bodies and subjects of law, for the accurate and conscientious implementation of the requirements contained in the relevant rules of law. Analyzing the scientific views of scholars on responsibility, it is emphasized that in general, the liability of public servants should be understood as a procedurally established application of coercive measures of coercive influence on a particular public person for committing an offense. It is stated that the content of the legal nature of the institute of disciplinary responsibility of public servants, in particular in the system of service law of Ukraine, which needs proper research, remains important and extremely necessary for law enforcement and human rights activities of authorized subjects. Based on the analysis of scientific achievements of local and foreign scholars on the legal system, it is emphasized that currently there are different approaches to understanding the systemic structure of legal branches, in particular some scholars remain on the views developed in our time, while others try to adapt European researchers-lawyers on the system of law on modern Ukrainian realities. As a result, the author emphasizes that we can now state that each branch of law, which we call general, special or special law, always contains a list of legal norms in the appropriate relationship and sequence and thus ensuring the ability of the subject of rule-making, law enforcement or human rights activities to achieve the desired result – to create or harmonize existing social relations, giving them the status of legal relations. Keywords: public service, service law, responsibility, legal system, general, special and special part, sanctions.

scholarly journals MEDIATION EXISTENCE CRIMINAL PENAL SETTLEMENT

2018 ◽  
Vol 2 (1) ◽  
pp. 38
Author(s):  
Erma Rusdiana
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Low Cost ◽  
Equal Treatment ◽  
Judicial Process ◽  
The Public ◽  
The People ◽  
Religious Law ◽  
The One

Indonesian Constitution states that all people of Indonesia are entitled to equal treatment before the law as stated in Article 28 D, paragraph 1 of the 1945 Constitution, but they are not always easily access it. The principle of justice is simple, fast and low cost can’t be reached by most people. Currently, there is also a change and dynamics of complex societies and regulations in some legislation. It also has implications on the public nature of the criminal law has shifted its relative entered the private sphere with known and practiced penal<em> </em>mediation.<strong> </strong>Issues raised in this paper is the concept of criminal law enforcement based on the existence of pluralistic and penal mediation as an alternative solution-in the practice of the criminal settlement. Of the studies that have been done that the concept of legal pluralism is no longer emphasizes the dichotomy between the legal system of the state on the one hand with the legal system of the people folk law and religious law on the other side. That law enforcement-based pluralistic more emphasis on interaction and co-existence of the workings of the various legal systems that affect the operation of norms, processes and institutions in masyarakat.Polarisasi law and penal mediation mechanisms can do, as long as it is earnestly desired by all parties ( suspects and victims), as well as to reach a wider interest, namely the maintenance of social harmony. In summary penal mediation would have positive implications philosophically that achieved justice done fast, simple and inexpensive because the parties involved are relatively small compared through the judicial process with the components of the Criminal Justice System

scholarly journals On the question of the functions and tasks of legal custom

2020 ◽  
pp. 30-34
Author(s):  
Marian Bedrii
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Protective Function ◽  
Current State ◽  
Wide Range ◽  
The Subject ◽  
The One ◽  
The Individual

The article researches the functions and tasks of legal custom based on historical experience and the current state of legal life.The view represents that law and culture functions are realized through legal custom, as it is an important element of these phenomena.At the same time, it is noted that legal custom is characterized by a separate catalog of functions and tasks that need to be studied. Theregulatory, explanatory, protective, defensive, inflectional, reconstitutive, ideological-educative, identification-communicative, antimonopoly,and legal-resource functions of legal custom are analyzed. The administrative and organizational components of the regulatoryfunction of legal custom are highlighted. The preventive and restrictive components of the protective function of legal custom are cha -racterized. It is substantiated that these functions are inextricably linked with the tasks of legal custom.Based on the analyzed functions, the following tasks of a legal custom are allocated: the legal regulation of social relations; cla -rification of provisions of the legislation, acts of law enforcement, texts of agreements, terms and symbolic actions; legal protection ofpublic goods and values; providing opportunities to protect rights and freedoms; stabilization of the legal system, its protection fromill-considered and risky transformations; reproduction of the acquired legal experience in new conditions; ensuring the flexibility of thelegal system; influence on the worldview of the individual and society in general; determining the affiliation of the subject to a parti -cular community and maintaining communication between its members; prevention of monopoly in the legal system of a normativelegal act or other sources of law; formation of material for the systematization of law.It is argued that legal custom, as a social phenomenon, evolving in the process of history, performed a wide range of functionsthat correlated with its tasks. Not every period, people, or locality is characterized by a full set of analyzed functions and tasks, but itis worth noting the possibility of their implementation by the legal custom in general, as evidenced by past experience and the currentstate of legal relations. The results of the research, on the one hand, complement the understanding of the nature of legal custom, andon the other – prove the feasibility of further use of this source of law in modern legal systems.

scholarly journals The Position of Military Justice to the Indonesian Judiciary System

2021 ◽  
Vol 04 (11) ◽  
Author(s):  
Budi Pramono ◽  
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Fourth Amendment ◽  
Judicial System ◽  
Judicial Power ◽  
Military Justice ◽  
Legal Norms

The main problem in this paper is how the position of military justice in the Indonesian judicial system with the issuance of Article 3 paragraph (4) Letter (a) of MPR Decree Number: VII / MPR / 2000, which explains that Indonesian National Military submit to the power of military justice in cases of lawlessness. military and submit to the general court for violations of general criminal law. This research is a type of juridical normative research that bases positive legal norms using statutory, conceptual and comparative approaches. The position of Military Justice in the Indonesian judicial system is part of the judicial power which has a strong and unquestionable position, because it is not against the constitution and is still in the corridor of the legal system in Indonesia, which is stated in Article 24 Paragraph (2) of the Fourth Amendment of the 1945 Indonesian Constitution as the constitution. state, and more emphasized in Article 18 of Law Number 48 of 2009 concerning Judicial Power.

scholarly journals Monopoly of legal provisions

2021 ◽  
Vol 108 ◽  
pp. 01007
Author(s):  
Anna Konstantinovna Sheremetyeva ◽  
Zoya Fedorovna Sofrina ◽  
Artem Aleksandrovich Gamaley ◽  
Natalia Nikolaevna Novopashina
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Synthesis Methods ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Systemic Analysis ◽  
Legal Provisions ◽  
Comparison Results ◽  
Definition Of

The existing defect of the legal field in the form of the inconsistency of the norms that make it up, gives rise to inconsistency, imbalance of the main social regulator of social relations. Building the normative material without analysing the need to create a separate regulator, as well as the obligation to establish a relationship with existing norms, determined the significance of such a study. The definition of competition of norms is an object of scientific research quite often. However, the content of this category and its law enforcement significance, in our opinion, have not been established quite correctly. The presence of competition of norms indicates the inconsistency of legal regulators with the principles of certainty of law, fairness and stability of legal regulation, which affects the effectiveness of laws. The research patterns are due to the need for a systematic analysis of this institution in order to identify uncovered aspects in the construction of a clear, systemic and interdependent system of legal regulation. Purpose of the research. The importance of developing fundamentally new approaches to the institution of uncertainty mediated by the phenomenon of competition to overcome the imbalance of the existing legal system, in connection with the existing need to present the normative material unambiguously and clearly. Methods. In the course of the study, in combination with a complex and systemic analysis, the following general scientific methods of cognition were used: dialectical, hermeneutic, and synthesis methods, the method of ascent from the abstract to the concrete, and the method of generalization and comparison. Results and novelty. Competition of norms is the result of an incorrect construction of the system of legal norms indicating a certain artificiality of this definition regarding the possible flexibility of the legal system. In our opinion, an increase in monopoly and individualized norms will lead to a systematic nature of the normative material, as well as an increase in confidence in it on the part of all participants in legal relations. The certainty of law must become a legal axiom.

scholarly journals System approach in criminal law: achievements and prospects of application

2021 ◽  
Vol 2 (20) ◽  
pp. 11
Author(s):  
V. F. Obolentsev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Systems Engineering ◽  
System Approach ◽  
Criminal Code ◽  
Law System ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Systemic Nature ◽  
Law Regulation

The solution of fundamental problems of criminal-law regulation should be carried out taking into account doctrinal scientific developments and the latest achievements of scientific and technological progress. In this sense, using of a system approach is expanded, which has now received significant instrumental support in the format of information technology and software. A system approach is a methodological direction of scientific knowledge of system objects by means of system engineering, which is implemented in two main areas – in the field of methodology and theory, and in the field of specific applications. The aim of the paper is a comprehensive description of using of system approach in domestic criminal law. The task is to outline the prospects of applying a system approach in domestic criminal law, taking into account the latest technologies of systems engineering. Criminal law in its essence can be understood as a system of information (knowledge) that outlines the criminal offenses’ types and criminal law measures of state reaction to them. As a systemic object, this phenomenon is characterized by several circumstances. System components of criminal law. First of all, the authors are talking about the systemic nature of a crime, according to which the system of criminal law regulation is oriented. The systems are also criminal law provisions. Their structural elements-subsystems are hypothesis, disposition and sanction The system of criminal law has its own structure. The initial elements of its structure are criminal law. This also includes atypical regulations: criminal law constructions, legal presumptions and fictions. According to the degree of generalization, legal norms and atypical normative prescriptions are united into legal institutions. The systemic structure of the studied system object is manifested in the multiplicity of relations between them. System connections of criminal law. In the system of criminal law, informational connections are realized. Functioning of criminal law system in the system environment. Through the mechanisms of rule-making, information from protected social relations is introduced into it from the outside, and through the mechanisms of law enforcement, it affects its environment. According to the system approach, a model of the crime system and the system of the Criminal Code of Ukraine is proposed, developed on the basis of IDEF0 notation

scholarly journals Causal link in iatrogenic crimes: problems of correlation of the categories of causality in forensic examination and Russian criminal law

2020 ◽  
pp. 27-51
Author(s):  
Kirill Alekseevich Berchanskiy
Keyword(s):  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Causal Link ◽  
Medical Examination ◽  
Legal Norms ◽  
Forensic Practice ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the Russian case law of conducting legal proceedings against the representatives of medical sphere based on the constituent elements of crime established by the Part 2 of the Article 109 of the Criminal Code of the Russian Federation &ndash; infliction of death by negligence due to improper discharge of professional duties. The subject of this research also includes legal norms that regulate the procedure of forensic medical examination in the Russian Federation, norms of medical legislation, as well as corresponding provisions of the Criminal Code of the Russian Federation. The object of this research is the social relations emerging in the event of causing death due to improper provision of medical care, conduct of forensic medical examination, as well as consideration of such cases by the courts. The scientific novelty consists in comprehensive approach towards its implementation that would include the analysis of relevant practice of Russian courts on iatrogenic crimes. As a result of this research, the author outlines the key problems faced by the Russian courts in assessment of causal link in iatrogenic crimes, first and foremost committed by medical negligence. The detailed analysis of legal norms that regulate the procedure forensic medical examination allowed determining the possible reasons for discrepancies in forensic practice, which, in turn, lead to discrepancies in judicial practice. Based on the historical method of interpretation, the author detected the presence and origins of fundamental contradictions in the relevant legislation. The comparative-analytical method applied to the Russian criminal and forensic legislation allowed identifying the key issued that currently impede the efficient and just consideration of iatrogenic cases; the solution approach depending on priorities of the government in criminal law policy is proposed.

scholarly journals Domestic violence committed by women in the family - or the family as an object of protection in the criminal law of Poland

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
J. Dlugosh-Yuzvyak ◽  
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Criminal Law ◽  
Family Environment ◽  
Legal System ◽  
Legal Definition ◽  
The Family ◽  
Police Statistics ◽  
The One ◽  
Definition Of

The article is devoted to the problems of understanding the legal issues of the family in the criminal law of Poland and in criminology. The paper analyzes the issues of the content of the definition of the family. It is necessary to refer to its legal definition. It is concluded that although the concept of family is repeatedly found in the Polish legal system, it is not uniform and has different content for certain areas of law. The article presents a scientific analysis of one of the categories of crimes against the family, i. e. the so-called domestic violence. There is no legal definition of the domestic violence in the Polish legal system, although it is assumed to be a social phenomenon that occurs when a family member or other person living together or managing a household deliberately tries to dominate another family member, physically or mentally. Thus it is possible to talk about domestic violence as a violence occurring among people living in the same household. Its subcategory is the so-called violence in family occurring in the family environment. The paper presents and analyzes examples of domestic violence and police statistics. Some of these behaviours can be classified as crime against the family. Thus it is possible to specify, that, on the one hand, the victims of domestic violence are more likely to be women and, on the other hand, that women are far less likely than men to be suspected of domestic violence. However presently every eighth victim of violence in family is a man. Within the framework of the presented article, it is proposed to turn attention to the problem of women as perpetrators of domestic violence, especially in relation to a man. It is necessary to emphasize that domestic violence perpetrated by women against men, including their husbands, is a growing phenomenon.

scholarly journals THE STATUS AND SIGNIFICANCE OF LEGAL RESPONSIBILITY IN THE LEGAL SYSTEM OF RUSSIAN SOCIETY

2018 ◽  
Vol 6 ◽  
pp. 752-756
Author(s):  
Damir Y. Shapsugov ◽  
Yuri N. Radachinsky ◽  
Andrey V. Kurochkin
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Russian Society ◽  
New Approach ◽  
Legal Norms ◽  
Legal Studies ◽  
The Status

Only a few scientific works in Russian legal studies are devoted to the status of legal responsibility in the Russian legal framework. This article examines the status of legal responsibility in the legal system of Russian society and proposes a new approach and defines the relationships between legal responsibility and legal awareness, legal culture, and regulation of social relations on the basis of authors’ consecutive studies as well as other viewpoints presented in the literature. Authors outlined the features of legal responsibility in the context of Russian legal framework and social relations, highlighting criteria of legal behavior and Russian legal norms contributing to the development of this phenomenon.  

scholarly journals Ewolucja środków zabezpieczających w polskim prawie karnym

2019 ◽  
Vol 50 ◽  
pp. 39-66
Author(s):  
Magdalena Niewiadomska-Krawczyk
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Criminal Code ◽  
Important Task ◽  
The One

The evolution of restraining measures in Polish criminal lawThe paper focuses on restraining measures regarded as one of a group of measures of society’s response to prohibited acts. Restraining measures were introduced into the Polish legal system by the 1932 Criminal Code. Since then the form of the measures has changed substantially, not only as a result of the entry into force of new criminal regulations but also as a result of amendments to criminal law, especially the one introduced by the Act of 20 February 2015 resulting in a remodelling of the system of restraining measures and rules of their application. An important task has also been to determine the meaning of the term restraining measures.

Sign in / Sign up

Export Citation Format

Share Document