scholarly journals Feature of illegality in blanket dispositions of criminal offenses composition regarding disclosure of information with limited access

2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Yara Olena ◽  
◽  
Prokopchuk Timea ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Information Disclosure ◽  
Central Place ◽  
Legal Regulation ◽  
Criminal Code ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Limited Access ◽  
Disclosure Of Information

The level of functioning of the legal system in any state directly depends on the improvement of the mechanism of legal regulation as well as the mechanism of law enforcement activities. The accuracy of the transition of normative provisions within the framework of specific subjective rights and legal obligations, in the context of criminal law, the definition of grounds for criminal prosecution of an individual is one of the guarantees of consolidation of the rule of law. The central place among the means that facilitate to this is occupied by legal technique. The peculiarities of constructing the dispositions of articles 111, 114, 132, 145, 159, 163, 168, 182, 209-1, 232, 232-1, 328, 330, 361-2, 381, 387, 422 of the Criminal Code of Ukraine from the technical and legal point of view have been analyzed in the article. It is determined that in a number of situations that are the subject of criminal law protection, regulatory legislation provides for cases of lawful dissemination of information with limited access, using different legal terms to mark illegal and lawful conduct. The authors concluded that the indication of «illegality» of disclosure of information in the text of the criminal law has been used incorrectly, as other factors (local regulations, law enforcement acts, the will of the owner of information, etc.) can become regulators of legality of an individual’s behavior. It is proposed to exclude from dispositions of Articles 145, 182, 232, 232-1, 361-2 of the Criminal Code of Ukraine the relevant feature, as well as to unify the terminology of the criminal law in terms of designation of the action. Keywords: information with limited access, secret information, disclosure of information, blanket disposition, mixed illegality

THEORETICAL AND PRACTICAL ASPECTS OF APPLYING THE PRINCIPLE OF NON BIS IN IDEM IN CRIMINAL PROCEEDINGS RIGHT UKRAINE

2018 ◽  
Author(s):  
Petro Olishchuk ◽  
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Decisions ◽  
European Court

The article analyzes the principle of non bis in idem in the context of the criminal legislation of Ukraine, as well as the identification of cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions. It is noted that criminal law is a branch of law that is connected with the establishment of a ban on committing a certain act under the threat of the application by the state of measures of coercion of a criminal nature. The establishment of such a ban and the determination of measures of criminal-legal coercion, as a consequence, for its violation, is potentially related to the restriction of human rights. Obviously, the restriction of these rights cannot be arbitrary and chaotic, but must be subject to certain rules, ideas, which reflect the general development of society. These include the principles of criminal law, in particular the principle of criminal law, enshrined in art. Article 61 of the Constitution of Ukraine states: “No one can be brought to legal responsibility twice for the same type of offence”. According to Article 2 of the Criminal Code of Ukraine, “no one may be brought to criminal responsibility for the same criminal offence more than once”. The article highlights the characteristic features of the investigated principle. It is stated that its role is extremely important for the internal construction of the field of law, as well as the correct normalisation and law enforcement. There are cases of violations of this principle by law enforcement bodies during the qualification of criminal offences and during the issue of judicial decisions, on examples of the practice of the European Court of Human Rights and Ukrainian judicial proceedings. The European Court of Human Rights’s case-law on the application of Article 4 of the Convention is inconsistent and, in some cases, even contradictory. The principle of non bis in idem in the resolution of the question of the inadmissibility of double incrimination ensures the observance of the rights of the person during the implementation of criminal prosecution, as well as ensures the completeness of criminal legal qualification, the individualization of criminal responsibility and punishment.

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 Kebijakan Formulasi Pertanggungjawaban Pidana Terhadap Korporasi

2015 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Husni Husni
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Other ◽  
Criminal Prosecution ◽  
Law System ◽  
Legal Code ◽  
Corporate Body ◽  
Perspective Change ◽  
The Subject

According to criminal law regulation, the human is only the subject to be blamed in term of criminal action. A human can be as a guilty party of any criminal case. . However, this regulation has been abandoned by the Indonesian law system because of the perspective change that beside human, the corporate bodies are also as the subject of guilty party if the legal regulation is specificly determined by Legal Code in term of specific case. Therefore, based on the legal regulation, the corporate bodies are treated as equal as human in term of the subject of lawsuit so the , the rejection of prosecution toward corporate bodies based on Delinguere University’s doctrine- non potest has been changed by accepting the concept of functional doer. (fungtioneel daderschap). Although the constitution considers the corporate bodies as the subject of the lawsuit, the responsibility of criminal prosecution will be treated in a different ways from humans as a subjet of lawsuit. Although the corporate bodies can be prosecuted, the issue in implementing the case still remains due to the variation of the terminology used. Additionally, the other challenge is because the regulation implemented relating to corporate bodies’ lawsuit is still not determined specifically in criminal code. It is also insufficient and inconsistent prosecution regulation regarding to corporate body lawsuit.

CHRONOLOGY OF THE EMERGENCE OF LEGAL STRUCTURES OF CRIMINAL OFFENSES THAT INVOLVE THE DISCLOSURE OF INFORMATION WITH LIMITED ACCESS

2017 ◽  
Author(s):  
Timea Prokopchuk ◽  
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Security Measures ◽  
Historical Sources ◽  
Insider Information ◽  
Limited Access ◽  
Criminal Offenses ◽  
Disclosure Of Information ◽  
Legal Structures ◽  
Financial Monitoring

Establishing the legal essence of crimes in connection with the impossible without a special study of their genesis. Any correct position that exists in the respective state is unexpectedly based on its disadvantage, if it is necessary to analyze the entire legal institution, it is necessary to trace its legal fate. An article devoted to the study of the issue appears in the domestic criminal law of the legal structures of criminal offenses - disclosure of information with limited access. The regularities in the development of criminal- legal regulation are outlined, the peculiarities of technical-legal character are determined. The study of criminal law protection of information with limited access in historical sources of law shows that the issue of creating an optimal model (design) of the relevant criminal law has not been resolved. Certain legislative approaches, reflected in the historical monuments of criminal law, can become guidelines for improving the existing criminal law. In particular, the author comes to the conclusion that the first full-fledged mention of a criminal offense - disclosure of information with limited access should be considered paragraph 6 of article 2 of Chapter Three “The rights by which the Little Russian people are suing”. In the future, other legal structures of criminal offenses appear - disclosure of private, official and professional secrets, information about pre-trial investigation, secrets of adoption. Negatively characterized the tendency of the appearance in 1970-2000 of a number of similar legal structures of criminal offenses in terms of the characteristics of the act, namely, the disclosure of information about the medical examination for HIV, information about security measures in relation to the person taken under protection, the secrets of financial monitoring, information, which is stored in electronic computers (computers), automated systems, computer networks, insider information.

scholarly journals THE DEVELOPMENT OF THE INDONESIAN CRIMINAL CODE DERIVED FROM THE YUDICIAL PARDON VALUE IN ISLAMIC LAW

ADDIN ◽  
2017 ◽  
Vol 11 (2) ◽  
pp. 295
Author(s):  
Sri Endah Wahyuningsih ◽  
Jawade Hafidz
Keyword(s):  
Data Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Research Method ◽  
Qualitative Data ◽  
Islamic Law ◽  
Criminal Code ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Legal Development

This paper aims to make efforts to develop the Criminal Code derived from the yudicial pardon value in Islamic law as a law that lives and thrives in society. The Criminal Code as the basis of criminal law enforcement is a legacy of the Dutch era which do not know peace to end up the case. It is not in accordance to Pancasila as the basis for legal development in Indonesia. Research method used socio legal and qualitative data analysis. The result of the research claims that Islamic law is a legal source in the development of the justice Criminal Code, forgiveness is possible in the <em>jarimah</em><em>-hudud</em> and <em>qisas-diyat</em> in solving the criminal case. Implementation in the development of the Criminal Code needs to be added to the reason for the abolition of criminal prosecution if between the perpetrator and the victim is already forgiven, further, in the case of a crime with a slight loss the judge may decide to be forgiven even if the defendant is found guilty.

scholarly journals Issues of Regulation and Application of the Criminal Law Norm providing for Responsibility for Occupying the Highest Position in the Criminal Hierarchy (Article 210.1 of the Criminal Code of the Russian Federation)

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 159-170
Author(s):  
I. V. Pantyukhina ◽  
L. Yu. Larina
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Federal Law ◽  
General Part ◽  
The Russian Federation ◽  
Traditional Understanding

The paper is devoted to a detailed analysis of article 210.1 "Occupation of the highest position in the criminal hierarchy", which was introduced in the Criminal Code of the Russian Federation by Federal law No. 46-FZ of 01.04.2019. The authors considered the construction of this norm from the point of view of the elements of the crime and the coordination of these features with the provisions of the General part of the Criminal Code of the Russian Federation. As a result of a systematic study of the norms of the Russian criminal law, comparison with foreign experience (Georgia), and analysis of law enforcement practice, the discrepancy between the new criminal law norm and the provisions of certain institutions of criminal law was revealed. In particular, the content of article 210.1 contradicts certain principles of the criminal law (articles 6, 7 of the Criminal Code), the basis of criminal liability (article 8 of the Criminal Code), the norms of the Institute of preparation for a crime (part 1 of article 30 of the Criminal Code), as well as the goals of criminal punishment (part 2 of article 43 of the Criminal Code). To eliminate the identified shortcomings, the authors propose to include in the disposition of article 210.1 of the Criminal Code of the Russian Federation an act in the form of using the highest position in the criminal hierarchy. The proposed changes (including an act in the form of "use of the position») make it possible to prosecute persons both permanently and temporarily performing the functions of such persons, to leave outside the scope of its application persons who fully walked away from crime and not in any way affect criminal damage. They will allow you to bring the rule into compliance with the traditional understanding of the offense and those provisions of the General part of the Criminal Code, in which the regulated norms in the current edition are not made consistent.

scholarly journals Kebijakan Kriminalisasi Perbuatan Curang oleh Advokat dalam RUU KUHP (The Policy on Criminalization of Fraudulent Acts by Advocates in the Criminal Code Bill)

2020 ◽  
Vol 11 (2) ◽  
pp. 145-165
Author(s):  
Prianter Jaya Hairi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Assistance ◽  
Public Attention ◽  
Judicial Process ◽  
Normative Study ◽  
The Public ◽  
Fundamental Values

The idea of criminalization of fraudulent acts by advocates in the judicial process has received public attention, especially from advocates. The criminal law norms regarding fraudulent acts by advocates in the Criminal Code Bill (CCB) raise many questions from the point of view of the criminalization policy. This study aims to analyze the criminalization policy against these acts in the CCB. This study is a juridical-normative study with descriptive-analytical methods. The discussion concluded that fraudulent acts by advocates in the form of “playing two feet” and actions “influencing parties in the law enforcement process with or without compensation” are actions that are not following the fundamental values prevailed by the public and also considered punishable. This arrangement aims to protect clients who request legal assistance services. The formulation of this regulation then becomes regulated to complement the criminal law norms related to the existing advocate profession. However, from the aspect of offense formulation, there are still things that need to be addressed so as not to cause multiple interpretations during its implementation, especially in relation to Article 282 of the CCB. AbstrakGagasan mengenai kriminalisasi terhadap perbuatan curang oleh advokat dalam proses peradilan mendapat perhatian masyarakat, terutama dari kalangan advokat. Norma hukum pidana mengenai perbuatan curang oleh advokat dalam RUU KUHP menimbulkan banyak pertanyaan dari sudut pandang kebijakan kriminalisasi. Kajian ini bertujuan untuk menganalisis kebijakan kriminalisasi terhadap perbuatan tersebut dalam RUU KUHP. Kajian ini merupakan penelitian yuridis-normatif dengan metode analisis yang bersifat deskriptif analitis. Pembahasan di antaranya menyimpulkan bahwa perbuatan curang oleh advokat dalam bentuk perbuatan “main dua kaki” dan perbuatan “mempengaruhi pihak-pihak dalam proses penegakan hukum dengan atau tanpa imbalan” merupakan perbuatan yang tidak sesuai dengan nilai-nilai fundamental yang berlaku dalam masyarakat dan dianggap oleh masyarakat patut untuk dihukum. Pengaturan ini bertujuan untuk melindungi klien yang meminta jasa pendampingan hukum. Rumusan pengaturan ini kemudian menjadi diatur untuk melengkapi norma hukum pidana terkait profesi advokat yang ada selama ini. Namun dari aspek formulasi delik, masih ada yang perlu dibenahi agar tidak menimbulkan multitafsir saat penerapannya, khususnya terkait dengan Pasal 282 RUU KUHP. 

scholarly journals ON THE ISSUE OF THE BLANKET METHOD OF CONSTRUCTING CRIMINAL LAW PROHIBITIONS (BASED ON PROVISIONS OF SECTION VII OF THE SPECIAL PART OF THE CRIMINAL CODE OF UKRAINE)

Legal Ukraine ◽  
2021 ◽  
pp. 20-27
Author(s):  
Dmytro Kamensky
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Economic Crime ◽  
Main Task ◽  
Special Part ◽  
Regulatory Law ◽  
The Law

The article examines the blanket method for describing dispositions of criminal law prohibitions, in particular, the norms of Section VII of the Special Part of the Criminal Code of Ukraine. It has been established that when using blanket dispositions, the content of a criminal act is determined both by the law on criminal liability and by the norms of other branches of law; at the same time, such dispositions do not replace criminal law provisions, while performing in such cases auxiliary, clarifying function. It is determined that the blanket way of describing economic articles of criminal legislation is due to the special meaning of a criminal prohibition, which protects the economy as a regulator of relations by non-criminal legal acts. In the norms of the Criminal Code of Ukraine on economic crimes considered in the article, the domestic legislator pragmatically concretized the semantic links between the norm of the criminal and special regulatory law, which should be taken positively. It was established that in this way, firstly, the limits of the volume of unlawful behavior are clearly established, beyond which the representatives of law enforcement practice are strictly prohibited from going out during the criminal-legal assessment of the deed. At the same time, here, to a certain extent, the work of the law enforcement officer is facilitated, since normative acts of a non-criminal direction have been concretized, which should be relied upon in the investigation and further judicial proceedings. Secondly, such a normatively specific approach to the construction of criminal law prohibitions obviously contributes to the unification and simplification of approaches to socially dangerous acts in the economic sphere. It shows that the state does not need numerous laws and regulations, which are textually, chronologically and legally distorted. It has been established defined that the reform of the object and system of norms on crimes against the order of economic activity should have as its main task the careful development of specific criminal law norms in order to create the cross-sectoral mechanism of legal regulation. Key words: blanket disposition, economic crime, legal act, disposition, regulatory law.

scholarly journals Subject of confiscation in little commercial bribery and little bribery

2021 ◽  
Vol 2021 (1) ◽  
pp. 121-125
Author(s):  
Galina Mironova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Basis ◽  
State Revenue ◽  
Legal Nature ◽  
Commercial Bribery ◽  
The Russian Federation

The analysis of the grounds for the confiscation of property allowed the author to identify a set of problems that have arisen as a result of the legislative separation of petty commercial bribery and petty bribery. Article 1041 of the Criminal Code of the Russian Federation gives no legal basis for seizure of property obtained as a result of petty commercial bribery or petty bribery. It leads to the deficiency of the means of criminal law enforcement and requires the use of other means, not restricted to only penal tools. For the confiscation of property, courts resort to the application of civil law norms regulating the invalidity of civil transactions. The author notes that as a result of this approach to the legal regulation of the confiscation of property and decisions taken by the courts, there is a confusion and substitution of the legal nature of the fact of a crime and the fact of a civil tort. In order to eliminate the revealed contradictions, the author proposes to amend the normative regulation of the grounds for the confiscation of property and to consider property received as a result of petty commercial bribery or petty bribery as obtained illegally and, accordingly, subject to seizure as state revenue.

scholarly journals Criminalization of drunk driving: problems of legislative practice

2021 ◽  
pp. 69-75
Author(s):  
K. Popov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Drunk Driving ◽  
Legal Regulation ◽  
Criminal Code ◽  
Parliamentary Committee ◽  
The Subject ◽  
Legislative Activity ◽  
External Consistency ◽  
The Law

The article highlights the Ukrainian experience of criminalization of drunk driving as a result of amendments to criminal and administrative legislation in 2018–2021. The importance of systematization and validity in making changes to administrative and criminal law is noted. Attention is drawn to the need for careful observance of the rules of legal technique in legislative activity, given that the use of administrative and criminal law is associated with the most significant restrictions on human rights and freedoms. It is noted that there are violations of the rules of legal technique, allowed in the relevant laws in terms of the provisions on criminalization and decriminalization of drunk driving: violations of the homogeneity of legal regulation (Law № 720-IX regulated an issue that was not the subject of its regulation); internal consistency (Law № 720-IX on amendments “in connection with the adoption of Law № 2617-VIII” amended the Law itself № 2617-VIII); external consistency (provisions of Law № 720-IX contradict the provisions of Article 2 of the Code of Administrative Offenses and Article 3 of the Criminal Code of Ukraine); linguistic (in paragraph 117 of the Law № 720-IX there is a morphological error); procedural (violated the requirements of Articles 90, 92 of the Regulations). Attention is drawn to the content of the conclusions and the legal significance of the explanations of the Parliamentary Committee on Law Enforcement, adopted on the criminalization of drunk driving. It is noted that the relevant committee violated the regulatory procedures and provisions of the legislation on parliamentary committees. The consequences of the relevant technical and legal violations (legislative uncertainty) are highlighted and ways to eliminate these problems are suggested.

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