scholarly journals Svitlana Shalgunova, Oleksandra Skok, Taisiya Shevchenko. Criminal liability for the illegal circulation of arms in criminal legislation of foreign countries

2020 ◽  
Vol 5 (5) ◽  
pp. 213-219
Author(s):  
Svitlana Shalgunova ◽  
Oleksandra Skok ◽  
Taisiya Shevchenko
Keyword(s):  
Criminal Liability ◽  
Foreign Countries ◽  
Criminal Legislation

scholarly journals ON THE ISSUE OF CRIMINALIZATION OF CRIMINAL ACTS RELATED TO THE SPREAD OF CORONAVIRUS INFECTION

2021 ◽  
Vol 31 (2) ◽  
pp. 243-250
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Federal Law ◽  
Sociological Study ◽  
False Information ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the issues of improving the Russian criminal legislation on toughening responsibility in the context of coronavirus infection. The author analyzes the effectiveness of measures to tighten criminal liability for violations of quarantine measures in order to counter the spread of coronavirus infection in foreign countries and presents proposals for improving Russian criminal legislation, taking into account the data of a sociological study conducted among citizens of the Russian Federation. In order to study the norms of criminal legislation introduced by Federal Law No. 100-FZ of 01.04.2020, on liability for the dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, examples of judicial practice are given. There is a promising tightening of legal liability in the context of the spread of coronavirus infection in Russia based on the experience of foreign countries.

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 Criminal liability as a means of counteracting sanitary and epidemiological rule violations in a pandemic

2021 ◽  
Vol 118 ◽  
pp. 03010
Author(s):  
Andrey Vladimirovich Makarov ◽  
Larisa Vladimirovna Makogon ◽  
Oleg Vyacheslavovich Firsov ◽  
Aleksandra Sergeevna Zhukova
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Main Idea ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Federal Law ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.

scholarly journals New psychoactive substances as a modern threat agent to public health

2021 ◽  
pp. 61-69
Author(s):  
Vladimir Vasilevich Kukharuk
Keyword(s):  
Criminal Liability ◽  
New Psychoactive Substances ◽  
Psychoactive Substances ◽  
Legal Documents ◽  
Legal Method ◽  
Foreign Countries ◽  
Legislative Policy ◽  
Legal Concepts ◽  
Criminal Legislation ◽  
Different Content

Based on the international legal documents, this article presents an extensive description of the concept of new psychoactive substances (NPS), their quantitative and qualitative composition, and relevant classification. The data is provided on the level of illicit drug trafficking, as well as circulation and consequences of their use trough injection in the Russian Federation in relation to other countries. The author discloses the content of measures applied to control illegal trafficking of NPS and criminal liability in accordance with the legislation of foreign countries (peculiarities, differences, classification). Comparative legal method allows reviewing the provisions of the Russian legislation on prevention of illegal trafficking of the new potentially dangerous psychoactive substances. Attention is turned to the problem of the ineffective norms in the Russian criminal law; the approaches towards of its resolution and prevention are proposed. Analysis is conducted on the legislative policy of the use of generally recognized international legal concepts under an alias and with different content, as well as its impact upon the quality and development of criminal legislation.

scholarly journals Comparative Legal Analysis of the Criminal Law Liability for Improper Performance of the Professional Duties

2017 ◽  
pp. 91-96
Author(s):  
Шухратжон Хайдаров ◽  
Shuhratzhon Haydarov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Analysis ◽  
Right To Life ◽  
Foreign Countries ◽  
Constitutional Right ◽  
Criminal Legislation ◽  
Constituent Elements ◽  
Important Constituent

On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.

scholarly journals Comparative and legal analysis of appying compulsory measures of educational nature to minors in Ukraine and some foreign countries

2020 ◽  
Vol 2020 (3) ◽  
pp. 79-88
Author(s):  
Yermak O.V. ◽  
◽  
Suprun H.H. ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Scientific Paper ◽  
The State ◽  
Legal Analysis ◽  
Public Attention ◽  
Coercive Measures ◽  
Foreign Countries ◽  
Criminal Legislation

Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, the authors turned to the legislation on criminal liability, which regulates the application of similar measures in foreign countries. This article is devoted to the study of coercive measures of educational nature against minors in Ukraine and abroad. In this scientific paper the comparative criminal-legal analysis of the concept and types of coercive measures of educational character concerning minors provided by the Criminal Code of Ukraine (further – CC of Ukraine) with similar norms of the criminal legislation of foreign states regulating questions of special criminal-legal measures concerning persons who at the time of committing a criminal offense did not reach the age of eighteen is carried out. The comparative analysis of the criminal legislation on applying coercive measures of an educational nature in Ukraine is carried out in comparison with the criminal laws of Switzerland, Latvia, Georgia, Bulgaria and Italy. The general conclusion is made in the article that the norms of the current Ukrainian criminal legislation need to be amended, improved and further adjusted both by scholars and by the legislator. Key words: coercive measures, criminal-legal measures, other measures of criminal-legal character, minors.

scholarly journals Criminal environmental protection: international practices and priorities for improving

2021 ◽  
Vol 12 (33) ◽  
pp. 102-120
Author(s):  
Oleh Kyrychenko ◽  
Yuliia Khrystova ◽  
Oleksandra Skok ◽  
Taisiia Shevchenko ◽  
Oleh Litun
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Documentary Sources ◽  
Foreign Countries ◽  
The Social ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The purpose of the research is to reveal international practices, criminal law protection and the system of punishments for environmental crimes in the field of environmental protection. Main content. The paper uses a comparative method to study the criminal environmental protection international practices of some European Union countries, in particular Spain, Germany and Austria. In addition, the study of model criminal law standards of the EU made it possible to evaluate them as a factor that leads to the unification and universalization of the criminal legislation of the EU countries in the field of environmental protection, harmonization of criminal law and related sectors. Methodology: Research of materials and methods based on the analysis of documentary sources and regulatory legal acts of foreign countries. The dialectical method of cognizing the social reality facts is the basis on which the formal legal and rather-legal approaches are largely based. Conclusions. The absence of developed unified approaches to its unification and practical application in the countries of Europe and Asia has been established. Attention is focused on the attempt of individual countries (the Republic of Poland, the Republic of Lithuania) to determine the criteria for the correlation of main and additional punishments, to establish criteria for the equivalent application of sanctions related to isolation and without isolation, and also to expand the boundaries of judicial review in the field of setting the degree and type of measures of criminal liability, depending on the factual and legal circumstances of the criminal case.

scholarly journals Specifics of criminal liability for a brutal and premeditated murder under the criminal legislation of some foreign countries

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Relevant Characteristic ◽  
Foreign Countries ◽  
Criminal Legislation

The article is dedicated to research on criminal liability for a brutal and premeditated murder under the criminal legislation of some foreign countries. It determines the principal trends in inflicting punishment for this type of an aggravated premeditated murder. It explains that the states of continental Europe and the countries of the Anglo-Saxon legal system have no common approach to incorporating a characteristic of a premeditated murder such as «extreme brutality» in their criminal legislations. It shows that the relevant characteristic is represented by a full scope of extreme brutality in the criminal laws of some states; other countries define just some aspects of extreme brutality; yet in a number of countries, extreme brutality is not defined as an aggravating circumstance of a murder at all. In other countries, although extreme brutality is not defined as a qualification, the elements of a crime are defined as a premeditated murder committed in a brutal way. Keywords: a premeditated murder, an aggravating circumstance, extreme brutality, criminal liability, foreign legislation, legal systems, punishment

scholarly journals Criminal Liability for Illegal Securities Transactions

2021 ◽  
Vol 16 (1) ◽  
pp. 181-188
Author(s):  
E. R. Vinner
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Insider Information ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Established Order

The paper analyzes the most common typical forms of infringements and the main aspects of liability for illegal securities transactions provided for by the criminal legislation of the Russian Federation and foreign countries. The author refers to such typical infringements as counterfeit of securities; counterfeit securities usage (regardless of their issuers); issue (emission) of securities carried out in prohibited ways or in violation of the requirements established by law; introduction of illegally issued securities into circulation; violation of the established order of circulation (illegal circulation) of securities; illegal use of so-called insider information. In order to define these standard forms the author analyses the national criminal legislation, as well as the criminal legislation of Azerbaijan, Belarus, Bulgaria, Germany, Holland, Georgia, Denmark, Spain, Kazakhstan, Latvia, Poland, Uzbekistan, Estonia.

Regulation of liability for offences committed with the use of electronic funds of payment in the legislation of the countries of Romano-Germanic of legal system

2020 ◽  
Vol 2020 (3) ◽  
pp. 98-105
Author(s):  
Elena Markova
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Commercial Banking ◽  
Banking Secrecy ◽  
Foreign Countries ◽  
The Law ◽  
The Baltic ◽  
Criminal Legislation ◽  
Important State ◽  
State Functions

The article is devoted to the study of the regulation of criminal liability for crimes committed using electronic means of payment related to cybercrime in the legislation of certain foreign countries of the Romano-Germanic legal family. The article notes that the Romano-German legal system is significantly distinguished from other families not only by the fact that it possesses, due to historical traditions, many characteristics of the law of ancient Roman jurisprudence, but also by the legal peculiarities of criminal legislation on cybercrime. The relevance of cybercrime, its differentiation based on the Convention on Crime in the Field of Computer Information (ETS No. 185) and the peculiarities of the criminal regulation of crimes committed using electronic means of payment in Sweden, France, Germany, Spain, Netherlands, China and the Baltic States are noted. It is pointed out that the issues of combating such crimes are of particular importance in all countries of the Romano-Germanic legal family. Despite differences in the position of legislators with regard to the criminalization of acts committed by electronic means of payment, in all countries attacks on property are considered as attacks on the foundations of the State, and protection against such attacks is one of the most important State functions. It is noted that the criminal codes of most States include rules on computer fraud, computer theft; Obtaining information constituting commercial and banking secrecy through improper access to computer information (commercial, banking espionage); Extortion using computer equipment. It is stated that the first step towards criminal law protection of computer information, development of criminal legislation to counter economic cybercrime was taken in Sweden in the Law on Computer Crimes (1973).

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