scholarly journals Actor of illegal influence on results of official sports competitions

2020 ◽  
Vol 1 (1) ◽  
pp. 233-237
Author(s):  
Dmytro Anisimov
Keyword(s):  
Action Plan ◽  
Criminal Code ◽  
Sports Organizations ◽  
Sports Events ◽  
The Subject ◽  
The Law ◽  
Sports Organization ◽  
The Impact ◽  
Promising Source ◽  
Legal Entities

In the article based on the analysis of the Criminal Code of Ukraine, the Law of Ukraine "On Prevention of the Impact of Corruption Offenses on the Results of Official Sports Competitions" No. 743-VIII of November 03, 2015, the Law of Ukraine "On Amendments to Some Legislative Acts of Ukraine on the Implementation of the Liberalization Action Plan European Union Visa Regime for Ukraine concerning Liability of Legal Entities »No 314-VII of May 23, 2013, the subject of illegal influence on the results of official sports competitions was conducted. Publications in the media are a promising source of information in the detection of crimes in the field of physical culture and sports. The article investigated some of the available crime reports on the Internet, which suggest that the results of official sports events will be unlawfully affected. For the first time, the article proposes to provide for criminal-law measures against legal entities as the responsibility for unlawful influence on the results of official sports competitions. According to the results of the study, it is established that the subject of the crime under Part 1 and Part 2 of Art. 369-3 of the Criminal Code of Ukraine may be a general actor: a natural convicted person who, at the time of committing the crime, was sixteen years of age, and under Part 3 of Art. 369-3 of the Criminal Code of Ukraine – a special actor, namely: athlete - an individual who systematically engages in a certain type (s) of sport recognized in Ukraine and participates in sports events; Personnel of auxiliary sports personnel - any coach, mentor, manager, agent, team worker, team official, medical and other personnel who serve or treat athletes who participate or prepare for sports competitions; sports official - owner, shareholder, manager or employee of a legal entity that organizes and facilitates sports competitions, as well as persons authorized to hold official sports events, executives and employees of an international sports organization, other competent sports organizations that recognize the competition. In order to ensure the unity of terminology, it is proposed to exclude the word "directly" from Part 2 of Art. 6 of the Law of Ukraine “On Preventing the Impact of Corruption Offenses on the Results of Official Sports Competitions”. In a note to Art. 369-3 of the Criminal Code of Ukraine, replace the word "subject" with "subjects", or separate part 3 of Art. 369-3 in a separate article to minimize confusion. Due to the fact that the legal influence on the results of official sports competitions can be made by legal entities, it is proposed to add Art. 369-3 of the Criminal Code of Ukraine to the list of articles for which according to Art. 96-3 of the Criminal Code of Ukraine may apply measures of a criminal nature.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals Urgensi Penyerapan Nilai Hukum Islam dan Hukum Adat dalam Pengaturan Tindak Pidana Perzinaan

2021 ◽  
Vol 4 (1) ◽  
pp. 125-157
Author(s):  
Usman Usman ◽  
Sri Rahayu ◽  
Elizabeth Siregar
Keyword(s):  
Marital Status ◽  
Criminal Code ◽  
Basic Form ◽  
Living Together ◽  
Customary Laws ◽  
Itu Model ◽  
The Law ◽  
Definition Of ◽  
The Impact ◽  
Husband And Wife

Reflecting on the impact of adultery, adultery is a despicable act that deserves to be criminalized. Even so, the prohibition on adultery in Article 284 of the Criminal Code does not cover every form of adultery as in the view of the law that lives in society as reflected in Islamic and customary laws. The model for the formulation of the criminal act of adultery in the 2019 Criminal Code Bill has adopted the definition of adultery from the law that lives in society, although it does not yet view the perpetrator's marital status and pregnancy as burdensome elements. Likewise, it does not criminalize women who with their consent commit adultery because of trickery, and lightly penalize the perpetrators of living together as a family without being married. Therefore, the model for the formulation of the criminal act of adultery in the upcoming Criminal Code Bill should take into account: a) the marital status of the perpetrator and pregnancy as elements that are burdensome for the crime; b) a woman who with her consent commits adultery because of a trick is both a victim and a perpetrator so that she can be convicted; c) persons who live together as husband and wife outside of marriage should receive a heavier punishment than the basic form of adultery. Abstrak Bercermin dari dampak perzinaan, maka perzinaan merupakan perbuatan tercela yang pantas dikriminalisasi. Meskipun demikian, larangan perzinaan dalam Pasal 284 KUHP belum mencakup setiap bentuk perzinaan sebagaimana dalam pandangan hukum yang hidup dalam masyarakat yang tercermin dari hukum Islam dan hukum adat. Model perumusan tindak pidana perzinaan dalam RUU KUHP tahun 2019 telah mengadopsi definisi zina dari hukum yang hidup dalam masyarakat, meskipun belum memandang status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan. RUU juga tidak mengkriminalisasi perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat, dan memidana ringan pelaku hidup bersama sebagai keluarga tanpa nikah. Oleh karena itu model pengaturan tindak pidana perzinaan dalam RUU KUHP mendatang sebaiknya memerhatikan: a) status perkawinan pelaku dan kehamilan sebagai unsur yang memberatkan pidana; b) perempuan yang dengan persetujuannya melakukan perzinaan karena tipu muslihat merupakan korban sekaligus pelaku sehingga dapat dipidana; c) orang yang melakukan hidup bersama sebagai suami istri di luar perkawinan seharusnya mendapat pidana lebih berat dibanding jenis perzinaan dalam bentuk pokok.

scholarly journals Relations of crimes of different gravity degree in the Criminal code of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 153-157
Author(s):  
Oleksandra Skok ◽  
Inna Shylo
Keyword(s):  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offenses ◽  
Special Part ◽  
The Law ◽  
The Impact

The article deals with the classification of criminal offenses in the current Criminal Code of Ukraine. All the crimes, the responsibility for which are established in the Special part of the Criminal Code of Ukraine, are analyzed and on the basis of this detailed description of crimes of small gravity, crimes of moderate gravity, serious and especially serious crimes is carried out. According to Art. 12 of the Criminal Code of Ukraine, depending on the severity of the crimes are divided into crimes of small severity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. This is the norm of the current Criminal Code acquired in accordance with the Law «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Offenses in the Field of Economic Activity» of November 15, 2011 No. 4025-VI. The percentage of different categories of crimes has been analyzed and the impact of the severity of crimes on some criminal liability issues has been determined. A study of the ratio of minor crimes to other categories of crimes showed that minor crimes constitute a fairly significant category of crimes, compared to others, namely 24.9%. In the Special Part of the Criminal Code, there is a «sharp jump» from the category of minor crimes to the category of especially serious crimes, which is connected with the occurrence of especially grave consequences in the qualified criminal offenses.

scholarly journals Subject Of A Crime Under French Criminal Legislation

2021 ◽  
Vol 03 (01) ◽  
pp. 63-68
Author(s):  
Khurshida Mirziyatovna Abzalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Entities

This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.

scholarly journals Crimes of terrorist and extremist nature: statistical results of implementation of the National Security Strategy of the Russian Federation

2020 ◽  
pp. 1-10
Author(s):  
Georgii Moskalev
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Code ◽  
Security Strategy ◽  
Research Attention ◽  
National Security Strategy ◽  
The Subject ◽  
The Russian Federation ◽  
The Impact ◽  
Statistical Results

The subject of this research is the rate of recorded crimes of terrorist and extremist nature in their dynamics for the period of implementation of the National Security Strategy of the Russian Federation until 2020. For the purpose of discovering the impact of criminalization and decriminalization processes upon the changes of this index, the author explores s the norms on responsibility for extremist and terrorist crimes, which also comprise the subject of this research. Attention is given to corrections in method of accounting of such crimes in the examined period, as well as their impact upon the changes of the index. In the course of study it was discovered that compared to 2009, the number of recorded crimes of extremist nature during the period of 2014-2018 increased by 2.5-3 times, but in 2019 this index has returned to the initial numbers, which is explained by partial decriminalization of acts stipulated by the Article 28 of the Criminal Code of the Russian Federation. The number of recorded crimes of terrorist nature by 2019 superseded the 2009 index by almost 3 times, caused by criminalization of various accompanying manifestations of terrorist activity. The growth in the indexes of both cases relates to expansion of the list of actions attributable to the aforementioned categories of crimes in formation of statics. In the end, implementation of the Strategy cannot be assessed negatively due to growth in crime rate, since it is caused by the socially justified amendments to the Criminal Code of the Russian Federation and changes in statistical calculation.

scholarly journals Sustainable Initiatives in Sports Organizations—Analysis of a Group of Stakeholders in Pandemic Times

2021 ◽  
Vol 13 (16) ◽  
pp. 9122
Author(s):  
Ricardo Roseira Cayolla ◽  
Teresa Santos ◽  
Joana A. Quintela
Keyword(s):  
Online Survey ◽  
Descriptive Analysis ◽  
Data Gathering ◽  
Well Being ◽  
Sport Event ◽  
Environmentally Sustainable ◽  
Sports Organizations ◽  
Sports Events ◽  
Sports Organization ◽  
Health And Well Being

This study explores the importance of environmentally sustainable initiatives in sport (ESIS) for stakeholders in pandemic times. Three topics—climate changes and energy consumption, environmental impact of sports events, and health and well-being—were considered and analysed under three sustainability forms: organisational, community, and individual. A total of 5917 stakeholders (sponsors, employees, and members) of a sports organization realised one online survey. The data gathering process occurred during pandemic times, when every kind of collective sport event was suspended to the general public. The descriptive analysis of the results is provided, and the findings reveal that health and well-being is the most valorised topic by members and employees, in a sustainable individual form. On the other hand, sponsors manifest their interest mainly in a sustainability organisational and community forms.

scholarly journals RECONSTRUCTION OF PROSTITUTION LAW IN PERSPECTIVE OF RELIGIOUS NORMS AND RENEWAL OF CRIMINAL LAW

2020 ◽  
Vol 1 (2) ◽  
pp. 105-112
Author(s):  
Noor Fajari Rofiq
Keyword(s):  
Criminal Law ◽  
Sex Workers ◽  
Criminal Code ◽  
Service Users ◽  
Legal Certainty ◽  
Conceptual Approach ◽  
The Subject ◽  
The Law ◽  
The One ◽  
Legal Concepts

Cases of prostitution as the subject of commercial sex workers (Pekerja Sex Komersial) and sex service users until now are free to undergo without the threat of punishment. Until now, there has been no rule that can punish prostitutes or prostitutes and their customers .then there needs to be a legal reconstruction to achieve a responsive law then need to reform the law to achieve the law in the goal. This research aimed to know and understand the Construction of Prostitution Crimes in the Criminal Code, and The Penal Code Bill is associated with Religious Norms. And Know and understand the Construction of Formulation of Prostitution Crimes that are Ideal and in line with religious norms for Indonesian society, as for normative juridical research methods. The approach used in this writing is a statutory approach or (statute approach) and the analytical and conceptual approach analysis of legal concepts. The results show that it is necessary to explore the concept of philosophical, sociological, and juridical basic values that the state to have legal certainty in society in the Criminal War draft stage. So digging into the philosophical value of the 1st  Pancasila,  The One Godhead (Ketuhanan yang Maha Esa), the five religions apply in Indonesia, including Islam, Christianity, Catholicism, Hindu, Buddha, and Confucian has asserted that the practice of prostitution is legally prohibited.

scholarly journals The Urgency Of Ratifying The Elimination Of Sexual Violence Draft Bill In The Perspective Of Criminal Law

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Audaraziq Ismail ◽  
Eva Achjani Zulfa ◽  
Lulu Yulianti ◽  
Matius Evan Anggara
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Technological Development ◽  
Criminal Code ◽  
Criminal Offenses ◽  
The Subject ◽  
The Law ◽  
Victims Of Violence ◽  
Draft Bill ◽  
Legal Concepts

Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.Regulations on sexual violence or violence are scattered in several regulations in Indonesia. However, along with the rapid and massive technological development, new form of criminal offenses related to sexual violence have emerged which have not been accommodated in the statutory regulations. Too many  regulations related to sexual violence also create new problems, specifically overcriminalization, overlapping, and the lack of coordination and systematic fulfillment of the protection for the rights of victims of violence by authorized institutions. These problems are the fundamental why the elimination of sexual violence draft bill should be ratified immediately. Based on the reasons above, the elimination of sexual violence draft bill is interesting to analyze. This research was conducted with a statutory approach and an analytical approach using relevant legal concepts and theories. Criminal offenses related to sexual violence are regulated in several regulations, the Criminal Code, the PKDRT Law, the TPPO Law, the ITE Law, the Child Protection Law and the Pornography Law. However the law that exist are not comprehensive yet for the expansion of criminal offenses for violence and fulfillment of the rights of victims who are not the subject according to the law, as well as the issue of overregulation becomes the urgency whyelimination of sexual violence draft bill should be ratified immediately.

scholarly journals The impact of the COVID-19 pandemic on the advertising and sponsorship industry in sport

Bizinfo Blace ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 105-116
Author(s):  
Dejan Dašić ◽  
Miloš Tošić ◽  
Velimir Deletić
Keyword(s):  
Advertising Industry ◽  
Sports Industry ◽  
Sports Events ◽  
The World ◽  
Insurmountable Obstacle ◽  
The Subject ◽  
The Impact

The subject of this paper is to indicate how COVID-19 pandemic affects the advertising and sponsorship industry in sport. At a time when public indifference is becoming an increasingly insurmountable obstacle for the advertising industry, this branch of industry is now facing an even bigger problem. At the same time, while many athletes and sports entities largely depend on their sponsors, the vast majority of sports events in the world have been canceled. Some athletes earn many times more from their sponsorship contracts than from professional contracts in their clubs, competitions, etc. Losing match revenue is another big concern for clubs and tournaments, especially smaller ones. It is still unclear how the sports industry will overcome the problems caused by the pandemic, nor what kind of future awaits sport in the post-covid-19 era.

scholarly journals THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY

2019 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
The European Union ◽  
Legal Entity ◽  
Criminal Procedure Law ◽  
The Law ◽  
Legal Entities

The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001 which came into effect on May 1, 2004, and contains provisions of criminal and criminal procedure law as well as the Hungarian Criminal Code 2012 which came into effect on July 1, 2013. It is indicated that under the Hungarian laws, a legal entity is a criminal liability subject criminal law measures are applicable to. At the same time, it is highlighted that not all legal entities can be held criminally liable. It is noted that criminal liability of legal entities is possible in case of any willful violation of the Hungarian Criminal Code by an individual acting in the interests of a legal entity in case of the presence of conditions stipulated by the law. Criminal law measures applicable to legal entities are named: liquidation, fine, restriction of activity. A conclusion is made that in Hungary, criminal liability of a legal entity is understood as application of criminal law measures to a legal entity by court in the course of a criminal procedure in the event of a willful crime (criminally punishable act) committed by an individual acting in the interests of the corresponding legal entity upon the presence of conditions stipulated by the law On Measures Applicable to Legal Entities within the Framework of Criminal Law 2001.

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