scholarly journals Some aspects of improving criminal liability for domestic violence against children

2020 ◽  
Vol 4 (4) ◽  
pp. 324-329
Author(s):  
Kateryna Vlad
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Violence Against Children ◽  
Domestic Legislation ◽  
Severe Punishment ◽  
A Minor

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for domestic violence against children. It has been established that all persons who are victims of domestic violence are under the same criminal legal protection, as the responsibility for domestic violence against them is provided in a single criminal law with a single punishment. There are cases in court practice where a person guilty of domestic violence against an adult family member has received a more severe punishment than domestic violence against a child. However, a situation where a domestic abuser of a child receives a milder punishment than an adult abuser is not fully in line with the principle of the fairness of criminal law. The author has stated that the social danger of domestic violence against children, especially minors, is much higher than violence against adults, as it has a negative impact on the formation of personality, in particular, generates new generations of domestic abusers. As an adult, a child who is abused at home is more likely to be prone to such violence or to commit any other crime related to violence. The author has concluded that it is expedient to consider the issue of establishing increased criminal liability for domestic violence against minors, compared to adults. For this purpose, it is possible to ammend Article 126-1 of the Criminal Code of Ukraine with a qualified type of domestic violence – domestic vio-lence committed against a minor child.

History of domestic legislation development on criminal liability for environmental crimes

2021 ◽  
pp. 766-778
Author(s):  
Elena A. Popova ◽  
Vladimir G. Kokorev
Keyword(s):  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Criminal Code ◽  
Domestic Legislation ◽  
History Of ◽  
Russian Law ◽  
The Military ◽  
Direct Reflection ◽  
Environmental Crimes

We consider the negative impact of society on the environment, which adversely affects humanity itself. We emphasize the peculiarities of environmental crimes development in Russian law. We point out that the first legislative norms containing responsibility for environmental offenses date back to the middle of the 17th century, when the direct reflection of norms aimed at protecting nature from criminal encroachments begins. We note that the Extensive Edition of Rus’ Justice reflected responsibility for the theft of a number of animals, which in a sense can be attributed to environmental encroachments. It is emphasized that if responsibility for such acts was reflected in the Cathedral Code of 1649, then in the Military Article of 1715 it was absent. We note that in the first codified criminal law, adopted in 1845, under the name “Code on penal and correctional punishments”, acts encroaching on the environment were reflected, which was subsequently consolidated and developed in criminal laws as pre-revolutionary Russia (Criminal Code 1903), and adopted after the October Revolution of 1917, especially in the Criminal Code of the RSFSR in 1960.

scholarly journals Grounds and Conditions for the Application of Restrictive Measures Applied to Persons who have Committed Domestic Violence

2021 ◽  
pp. 100-110
Author(s):  
Tetiana NIKIFOROVA
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Local Governments ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Restrictive Measure ◽  
The Law ◽  
Restrictive Measures ◽  
National Police

The grounds and conditions for the application of restrictive measures applied to persons, who have committed domestic violence, are provided in Art. 911 of the Criminal Code of Ukraine. It is established that in the science of criminal law there is a unanimous position that the basis for the application of restrictive measures under Art. 911 of the Criminal Code is the commission by a person of a crime related to domestic violence, and the conditions are: 1) sentencing a person not related to imprisonment; 2) release of a person from criminal liability on the grounds provided by the Criminal Code; 3) release of a person from punishment on the grounds provided by the Criminal Code. These conditions are alternative. The content of the concept of «crime related to domestic violence» is analyzed and it is established that it should be understood more broadly than the act provided for in Art. 1261 of the Criminal Code «Domestic Violence». It is proposed to add to Art. 911 of the Criminal Code a note explaining the meaning of the term «criminal offense related to domestic violence», where it is necessary to note that this concept is broader than the crime under Art. 1261 of the Criminal Code. The content of each of the conditions of application of restrictive measures is analyzed. It has been established that in the application of restrictive measures during the imposition of non-custodial sentences in practice there are problems with the interpretation of the relevant concept. It is proposed to clarify the meaning of the concept of «punishment not related to imprisonment» in Art. 911 of the Criminal Code. It is also established that the application of restrictive measures in releasing a person from criminal liability is a declarative norm and is subject to exclusion from the conditions of application of restrictive measures due to the incompatibility of the latter with the nature of exemption from criminal liability. The legislation clearly regulates the procedure for applying restrictive measures to persons released from serving a probation sentence. A number of problems that arise during the control over the behaviour of persons to whom restrictive measures have been applied by the probation authorities have also been identified. The solution to these problems is possible by harmonizing the provisions of the Criminal Code and the Law of Ukraine «On Probation», as well as other regulations governing the activities of probation bodies. It is proposed to refer the application of restrictive measures to supervisory probation, which will lead to a number of changes to the articles of the Law of Ukraine «On Probation» in terms of regulation of supervisory probation, to refer to probation subjects persons subject to restrictive measures, and to exclude the fact that it is assigned to a person released from serving a probation sentence, and in the regulations governing the development and implementation of probation programs to provide for their application to persons to whom restrictive measures have been applied. It is concluded that the probation body should be endowed with a coordinating function to implement all restrictive measures and it is necessary at the level of bylaws to establish a clear procedure for interaction of the probation body with the National Police, local state administrations and local governments to control the behaviour of individuals, which the appropriate restrictive measure is applied.

scholarly journals Protecting the life and health of students from the negative impact of digital technologies

2021 ◽  
Vol 273 ◽  
pp. 10016
Author(s):  
Elena Millerova ◽  
Igor Napkhanenko ◽  
Alexander Fedorov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Criminal Code ◽  
Practical Aspect ◽  
The Internet ◽  
The Russian Federation ◽  
Types Of Information ◽  
The Impact

This article is devoted to the study of the negative aspects of the impact of the Internet on the life and health of persons who have not reached the age of majority in Russia (that is, the age of 18), as well as the criminal law and forensic possibilities of countering this. In the article, the authors goes by the types of information that are legally prohibited for distribution among minors in the Russian Federation. Having analyzed the types of this prohibited information, the authors identified exactly those types that can threaten the life and health of children. The article examines the problematic aspects of familiarizing minors with such information on the Internet, analyzes the norms of the Criminal Code of the Russian Federation, which provide for criminal liability for the distribution of this information on the Internet. The practical aspect of this study is expressed in the analysis of the issues of qualification of such crimes, their differentiation with similar elements of administrative offenses. As a result of the analysis of these criminal law norms, the authors have identified a number of gaps that need to be filled. In this regard, in order to increase the effectiveness of the criminal law struggle against the negative impact of the Internet on the life and health of minors, some amendments to the articles of the Criminal Code of the Russian Federation are proposed. The article also analyzes the forensic aspects applicable to this topic, namely, it examines some features and problems of identifying, disclosing and investigating crimes committed against minors with the use of the Internet. The author's conclusions and suggestions on this matter are expressed.

scholarly journals ECONOMIC VIOLENCE AS A TYPE OF DOMESTIC VIOLENCE: STATUTORY REGULATION AND THE FIRST EXPERIENCE OF APPLICATION OF THE CRIMINAL LEGISLATION OF UKRAINE

2020 ◽  
Vol 4 (48) ◽  
Author(s):  
Oleksandr Bilovol
Keyword(s):  
Domestic Violence ◽  
Child Support ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Violence ◽  
The Will ◽  
The Right ◽  
A Minor ◽  
Criminal Legislation ◽  
Economic Nature

The criminal liability for economic violence in Ukraine as one of the types of domestic violence was analyzed in the article. Interpretations of such types of economic violence as intentional deprivation of housing, food, clothes, other property, money and documents or opportunity to use them, leaving without care or guardianship, preventing in receipt of necessary services in treatment or rehabilitation, ban to work, coercion to work, ban to study and also other offenses of economic nature. It was established that the intentional deprivation of housing, food, clothes, other property, money or documents should be understood as conditions under which the victim cannot use this property in full because it has been spent on the guilty person’s own needs, transferred to third parties, destroyed or damaged, etc. It was noted that the relevant property may belong to the offender or the victim. In turn, deprivation of the opportunity to use this property means that the victim is either limited in time to use these items, that is cannot use them constantly, but only for a certain time or with a certain frequency and/or cannot use this property to the extent which deems it necessary. Separation of these types of economic violence from crimes such as abuse of guardianship rights, evasion of alimony payment for child support, evasion of money payment for keeping of disabled parents, and malicious failure to care for a child or a person in custody or care was done. It was stated that committing such a type of economic violence as a ban on work or unlawful force to work, the offender against the will of the victim at his own discretion determines whether the victim has the right to realize his right to work or vice versa to force the victim against his will to work or overwork or perform the work chosen by the offender himself, not the victim. In this case, the aggressor may not work himself at all. This type of economic violence was separated from such crimes provided by other articles of the Criminal Code of Ukraine as the exploitation of children and the use of a minor child for begging. The attention was focused on the fact that the list of types of economic violence for which criminal liability may occur has an open character. This approach of the legislator makes the norm more flexible in application but significantly complicates its interpretation.

scholarly journals Kebijakan Hukum Pidana Terhadap Pertanggung Jawaban Pidana Penguasaan Tanah Tanpa Hak Sebagai Tindak Pidana Ringan (Studi Pengadilan Negeri Lubuk Pakam)

2020 ◽  
Vol 2 (1) ◽  
pp. 33-41
Author(s):  
Selly Regina Br. Sitepu ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina ◽  
M. Ridha Haikal Amal
Keyword(s):  
Criminal Law ◽  
Land Tenure ◽  
Criminal Liability ◽  
Land Ownership ◽  
Criminal Code ◽  
Legal Knowledge ◽  
The Right ◽  
A Minor

Criminal legal arrangements regarding liability for land tenure without rights are found in the provisions of Article 6 paragraph (1) jo. Article 2 of Law No. 51 / PRP / 1960 concerning Prohibition of Use of Land without a Right of Permit or Proxy, Article 167 of the Criminal Code, Article 385 paragraph (1) of the Criminal Code. Factors causing land ownership without rights are: Lack of community legal awareness and lack of community legal knowledge. The criminal law policy on criminal liability for control of land without rights as a minor crime is in the form of a penalty in which the perpetrators of the criminal act of controlling land without rights can be submitted to court on the basis of committing criminal acts in the form of violations and in the form of non-penal actions in the form of mediation between the mastering actors land without rights with the right owner.

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

LEGAL PROTECTION OF FOOD SECURITY

2021 ◽  
Vol 1 (6) ◽  
pp. 34-38
Author(s):  
T. D. USTINOVA ◽  
◽  
A. S. RUBTSOVA ◽  
Keyword(s):  
Food Security ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Public Safety ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
The Russian Federation

The article reveals the problems of applying criminal liability for the smuggling of strategically important goods. It is proved that such crimes infringe not on public safety, but on relations in the sphere of economic activity. It is proposed to return the criminal law norm to Chapter 22 of the Criminal Code of the Russian Federation.

scholarly journals Marital Rape in a Comparative Perspective of Indonesian Criminal Law and Islamic Criminal Law

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Laely Wulandari ◽  
Lalu Saipudin
Keyword(s):  
Domestic Violence ◽  
Sexual Violence ◽  
Criminal Law ◽  
Islamic Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Comparative Perspective ◽  
Marital Rape ◽  
Know How ◽  
Husband And Wife

The aim of this research is to know how the regulation of marital rape in Indonesian Criminal Law and Islamic Law. Marital rape or also known as rape in marriage still belong to such a debatable and taboo topic, but in fact it has happened a lot in society. In Indonesian Criminal Law, marital rape is not regulated in the Criminal Code. The Law on the Elimination of Domestic Violence regulates this as a complaint offense by calling the crime of sexual violence. In Islamic Law, marital rape is regulated in a good way by terms of husband and wife intercourse, among others in Surah An-Nisa Verse 19 which prohibits having to do with coercion. Refers to these results of the comparison, similarities are found in both Indonesian Criminal Law and Islamic Criminal Law that said marital rape is prohibited. The differences lie in the form of complaint offense between these laws. Islamic Criminal Law does not explain clearly about the complaints offense as known on Indonesian Criminal Law. Yet this law comprehensibly prohibiting the marital rape itself. For the further regulations of criminal law policies, it should take the principles of discrimination into account and the good boundaries regarding marital rapes, criminal liability, criminal threats and formal criminal arrangements either.

scholarly journals FEATURES OF CRIMINAL AND LEGAL PROTECTION OF ECONOMIC AND OTHER INTERESTS OF SUBJECTS OF THE INTELLECTUAL PROPERTY RIGHTS ON UKRAINIAN LANDS UNDER THE CRIMINAL PROVISIONS OF 1903

2019 ◽  
Vol 4 (44) ◽  
pp. 40-50
Author(s):  
Oksana Korotiuk
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Criminal Code ◽  
Patent Law ◽  
Legal Norms ◽  
Significant Difference

The article analyzes the criminal law provisions of the Criminal Code of 1903, which provided the responsibility for encroachments on objects of intellectual property rights, and defined the peculiarities of criminal legal protection of economic and other interests of subjects of intellectual property rights in Ukrainian lands according to these criminal legal norms. The Criminal Code of 1903 was marked by a significant difference from the Criminal Code of 1845, expressed as a significant reduction in the number of criminal acts, the general humanization of criminal punishment, and in a more progressive approach to the design of criminal law. For example, in Art. 1, the principle of "nullum crimen sine lege" was directly affirmed for the first time, while in criminal laws of earlier times it was laid down but only proceeded from the general content of the articles. Analysis of the criminal law of the Criminal Code of 1903 provisions allowed to conclude that the criminal legal protection of objects of intellectual property rights was carried out at the expense of: 1) criminal law, which provided for liability for attacks on objects of copyright and patent law. In this case, the legal protection of copyright objects was closely linked to the censorship and, in fact, was inseparable from it; 2) the provisions establishing criminal liability for actions related to the disclosure of secrets; 3) provisions relating to the introduction of goods into the market and their circulation there, as well as the importation of goods into the territory of the Russian Empire, which provided for liability for the following acts: a) acts related to the illegal manufacture of works and their introduction into circulation, in including the illegal circulation of equipment that may be used for the illicit manufacture of works; b) acts related to the illicit sale or other distribution of works; c) other acts related to the illegal circulation of objects of intellectual property rights.

scholarly journals The problems of criminal protection of persons in Ukraine

2020 ◽  
pp. 50-57
Author(s):  
Serhii Kirienko
Keyword(s):  
Criminal Law ◽  
Elderly Person ◽  
Legal Protection ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Voluntary Consent ◽  
Criminal Protection ◽  
Definition Of ◽  
A Minor ◽  
Criminal Legislation

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment. The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population. The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person. Key words: crime, responsibility, qualification, term.

Sign in / Sign up

Export Citation Format

Share Document