scholarly journals Legal bases of circulation of cold weapons in Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 197-202
Author(s):  
Dmytro Musaelyan ◽  
Yuliya Kuntsevych
Keyword(s):  
Public Relations ◽  
Police Officers ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Article ◽  
Criminal Prosecution ◽  
Normative Documents ◽  
Technical Parameters ◽  
Steel Research

The scientific article determines the current state of legal regulation of the circulation of cold steel in Ukraine and also analyzes the latest bills to regulate this issue. A study of the social climate and opinions of Ukrainian citizens on the free possession of cold steel is conducted. The study identified the concept of «cold steel» and its qualifications. The analysis of normative documents in which the classification of types of cold steel and methods of forensic research are considered is carried out. The main criteria the category of cold steel are defined. The articles summarize the lack of certain means of cold steel, as well as the methodology itself, which determines which weapon belongs to the category of cold steel, and this language presupposes the presence of certain technical parameters. This situation creates a huge space for abuse both by experts, which can distort the results of the examination and by unscrupulous sellers, which can lead to a false phenomenon of possession of completely legal weapons and as a consequence may lead to criminal prosecution of Ukrainian citizens for part 2 of Article 263 of the Criminal Code of Ukraine «Illegal handling of weapons, ammunition or explosives». To resolve this controversial issue, our own methodology and criteria for classifying certain means as «cold steel» as well as decriminalization of liability for carrying a cold weapon are proposed, because the Code of Administrative Offenses of Ukraine contains certain articles that already provide for liability for improper acquisition and storage of cold steel. Thus, today in Ukraine it is urgent to adopt a law on arms, which will clearly define such concepts as cold steel, research methods that will be simple and clear to anyone, whether he is a citizen of Ukraine or not, because many abuses by police officers who demand bribes in connection with this issue or take away items of historical or simply material value. There is no legal regulation of civil armaments in Ukraine, and therefore it cannot categorically raise the issue of criminal liability for committing certain actions in the absence of legal regulation of public relations in response to these issues. Criminological research has long and convincingly proven that punishment has never and nowhere been among the main deterrents to committing crimes. The existence of absurdly strict laws has never had a positive effect on the crime situation in the country.

scholarly journals The procedure for sending sentenced to arrest to the place of punishment

2019 ◽  
Vol 13 (3) ◽  
pp. 312-317
Author(s):  
V. S. Shabal ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Human Life ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
The Russian Federation ◽  
The Republic ◽  
Comprehensive Study

The article analyzes the problems in the direction of sentenced to arrest in the Republic of Belarus to the place of punishment. Based on the study of penal legislation it is concluded that there is no normative regulation of the issues of sending convicts to lockup houses, the concept of evading serving a sentence of arrest as well as the procedure and conditions for criminal prosecution under Art. 414 of the Criminal Code of the Republic of Belarus. This causes problems associated with the violation of the principle of the inevitability of criminal liability and the practice of applying this type of punishment, entailing among other things the growth of recidivism up to grave and especially grave crimes, encroaching on human life and health. Based on a comparative analysis of the legislation of the Republic of Belarus and the Russian Federation, which regulates the execution and serving of punishment in the form of arrest, the similarity of legal regulation of these public relations and problems in the law enforcement practice of both countries is noted. The conclusion is drawn about the need to amend the Penal Code of the Republic of Belarus in order to eliminate conflicts related to the execution of the sentence of arrest as well as conduct a comprehensive study of the execution of the sentence of arrest in the Russian Federation.

Aspects of the Legal Support of Preventing Torture in the Activities of Law Enforcement Bodies

2020 ◽  
Vol 10 (2) ◽  
pp. 426
Author(s):  
Duman B. ABDIKENOV ◽  
Yerzhan M. BIMOLDANOV
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Criminal Liability ◽  
Modern Society ◽  
Legal Aspects ◽  
Criminal Code ◽  
Scientific Article ◽  
Study Results ◽  
Degrading Treatment ◽  
Scientific Ideas

The authors of the article have disclosed the specifics of criminal liability for committing torture in accordance with the current legislation of Kazakhstan. They have considered theoretical and legal aspects of the criminal protection of constitutional rights not to be a victim of torture, violence, other cruel or degrading treatment and punishment through the prism of international legal support for preventing torture in the activities of law enforcement bodies. The authors have defined the main criminal and criminological characteristics of the criminal offense provided for in Article 146 of the Criminal Code of Kazakhstan. Using the method of dialectical cognition and formal logical methods, the authors have taken certain steps to comprehend the phenomenon of torture, its social and legal characteristics in modern society and the law enforcement system of independent Kazakhstan. The authors have made an attempt to analyze the substantive and terminological essence of this negative phenomenon, conducted a comparative analysis of the criminal legislation of Kazakhstan and the main international laws in the field of protecting inalienable human and civil rights from torture and other cruel, inhuman or degrading treatment and punishment. In addition, this scientific article reveals some inconsistencies in the documents implemented by Kazakhstan and presents proposals for their elimination. The study results and conclusions drawn contribute to the theoretical enrichment and expansion of scientific ideas about torture as a crime, develop approaches and views forming the concept of preventing such criminal offenses and ensure the further development of scientific ideas in the field of criminal law and criminological support for preventing torture in the activities of police officers.

scholarly journals The Subject of Acceptance of an Offer, Promise or Receipt of Illegal Benefit in the Criminal Law of Ukraine

2020 ◽  
pp. 178-188
Author(s):  
Vladyslav MOTOVYLETS
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Basic Research ◽  
Legal Regulation ◽  
Criminal Code ◽  
Persons With Disabilities ◽  
Criminal Offense ◽  
Rights Of The Child

The paper is devoted to issues on criminal and law characteristic of subjects of composition of a criminal offense that is provide by Article 368 of Criminal Code of Ukraine (acceptance of an offer, promise or receipt of illegal benefit by an official), and to analysis of current legislation in this field. Particular aspects of forming of legal regulation of criminal liability of officials for committing a criminal offense related to accepting an offer, promise or receiving an illegal benefit are researched. The issue of expanding the range of subjects of a criminal offense under Article 368 of the Criminal Code of Ukraine is analyzed. Experience of Criminal and Law Regulation of liability of certain categories of officials according to legislations of Austria, Norway, and Holland, Canada is analyzed. There is stressed that the analysis of the subjects of the crime under Article 368 of the Criminal Code of Ukraine and given in Note 1 to this Article allows to propose the text of the list included in Note 1 of Article 368 of the Criminal Code of Ukraine in the following wording, adding to the list of officials «Commissioner of the President of Ukraine for the Rights of the Child, Commissioner of the President of Ukraine for the Rights of Persons with Disabilities, Business Ombudsman, Chairman of the Accounting Chamber»; «Officials, in Articles 368, 3685, 369 and 382 of this Code are: 1) the President of Ukraine, … People’s Deputies of Ukraine, the Commissioner for Human Rights of the Verkhovna Rada of Ukraine, the Presidential Commissioner for Children’s Rights, the Presidential Commissioner for the Rights of Persons with Disabilities, the CMU Business Ombudsman, Chairman of the Accounting Chamber, Advisers and Assistants to the President of Ukraine, Chairman of the Verkhovna Rada of Ukraine, Prime Minister of Ukraine». There is outlined that current legislation enshrines the «duality» of the legal status of a Civil Servant. It is expressed in existence of Public Servants as a subject of Public Law, and as a private person — a subject of Private Law relations outside the performance of statutory obligations and rights. Obviously, that this legal «duality» influences on the character of Public Relations which is a subject of basic research in public administration, legal deontology, administrative and criminal law.

scholarly journals Legal regulation of the railway freight transportation and criminal liability for disabling communication lines or transport in Russia

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 557-562
Author(s):  
Svetlana A. Grimalskaya ◽  
Natalia L. Emelkina ◽  
Elena V. Krasnenkova ◽  
Elvira H. Nadyseva ◽  
Yulia V. Nikolaeva
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Freight Transportation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Historical Method ◽  
Railway Freight ◽  
The Russian Federation ◽  
Communication Lines

The purpose of the study is to consider the legal regulation of railway freight transportation (on the example of Russia and some European countries), as well as study the peculiarities of criminal prosecution for disabling communication lines or transport on the example of the legislation of the Russian Federation. The leading method was the deductive. The method of systems analysis, the historical method, the method of induction, etc. were used. The study concludes that today, an increase in transport significantly increases the prevalence and danger of crimes that encroach on the functioning of transport that is safe for people and society. The chapter uniting these crimes is located in Section IX of the Criminal Code of the Russian Federation: “Crimes against Public Safety and Public Order”, placed in third place after the section on crimes against the person and in the economic sphere.

scholarly journals ABUSE OF CRIMINAL LEGAL NORMS DURING THE REALIZATION OF RESPONSIBILITY FOR VIOLATION THE SAFETY RULES IN THE PRODUCTION OF WORKS AND RENDERING OF SERVICES

2018 ◽  
Vol 2 (2) ◽  
pp. 40-47
Author(s):  
Maxim Viktorovich Bavsun ◽  
Ilya Aleksandrovich Beletskiy
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Norms ◽  
Public Rights ◽  
The Russian Federation

The subject. The article is devoted to analysis of abuse of public rights in the sphere of crim-inal prosecution for violation the safety rules.The purpose of the article is to identify the condition and prerequisites for abuse of public rights in the sphere of criminal prosecution for violation the safety rules.Methodology. The authors use theoretical analysis and synthesis as well as legal methods including formal legal analysis, interpretation of legal acts and adjudications.Results, scope of application. It is proved that such abuse is the application of the criminal law in controversy with its specific tasks, established by the interrelated provisions of art. 2 of the Criminal Code of the Russian Federation and art. 6 of the Criminal Procedure Code of the Russian Federation. The possibility of applying criminal law to the detriment of the pro-tected interests of citizens and in violation of constitutional principles is due to a number of factors: first, the blurring of the limits of criminal law impact in the field of security in the production of works or services, and secondly, the lack of isomorphism of criminal law norms providing for liability in the named sphere of public relations and, as a consequence, the lack of coordination of sectoral norms.Conclusions. Conditions for abuse the public rights in criminal sphere indicate that the leg-islator ignores the requirement of systematic legal regulation, since identical offenses can receive both criminal law and administrative legal assessment.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

scholarly journals CRIMINAL LIABILITY FOR CRIMES AGAINST NATIONAL SECURITY

2021 ◽  
Vol 3 ◽  
pp. 72-88
Author(s):  
A. Polianskyi ◽  
O. Polianskyi
Keyword(s):  
National Security ◽  
Criminal Liability ◽  
Research Process ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
State Control ◽  
Basic Law ◽  
System Method ◽  
Process System

This research paper analyzes the current Legislation of Ukraine in the field of criminal liability for crimes against national security. It is noted that prevention of this type of crime is one of priorities of criminal law policy that aims to preserve national sovereignty and its independence proclaimed by the Constitution of Ukraine, as well as ensuring its economic and information security are the most important functions of the state. Scientific achievements of leading scientists in the field of criminal liability, crimes against national security are analyzed. Their work part changes or additions to relevant provisions of the Criminal Code of Ukraine has been studied. General scientific (dialectical, systemic) and specific scientific methods became research methods. Dialectical method made it possible to determine the general state and prospects of research on the legal regulation of criminal liability for crimes against national security. Using the system method that was used in the research process, system of legislation of the outlined issue is determined. While analysis of current regulations in force in Ukraine in the field of criminal liability for crimes against national security formal and legal methods were used. Definition by the Basic Law of the country of the most important functions of the state of the issue of protection of sovereignty and territorial integrity of Ukraine ensures this research relevance. Due to the threat posed by aggression in the east, that began in 2014, the crime rate is gaining momentum. The need for enhanced state control and the introduction of effective mechanisms, in terms of strengthening criminal liability for planned crimes is becoming urgent.

scholarly journals Topical Issues of Criminal Liability of Medical or Pharmaceutical Workers under the Criminal Code of Ukraine (Article 140 of the Criminal Code of Ukraine)

2019 ◽  
Vol 8 (4S) ◽  
pp. 87-92
Keyword(s):  
Health Care ◽  
Human Rights ◽  
Patient Safety ◽  
Health Care Professionals ◽  
Criminal Liability ◽  
Complex Structure ◽  
Criminal Code ◽  
Professional Activity ◽  
Scientific Article ◽  
Political Processes

The issues of Improper protection of rights and legal interests of the patients due to improper performance of professional duties by a medical or pharmaceutical worker are considered. In particular, problems arising during the application of the norm of criminal liability for specified socially dangerous acts are considered. At the same time, cases of serious consequences to the patient's life and health due to a medical error or actions of medical or pharmaceutical workers committed in the absence of fault are considered although they result in the death of the patient or other grave consequences. Particular attention is paid to iatrogenic mental illness, caused by improper professional activity of the medical workers and peculiarities of the psyche of the patients. Particular attention is paid to the study of the practice of the European Court of Human Rights regarding the legal guarantee of the right to life in Ukraine in the context of criminal proceedings. Ukraine is a party to virtually all international human rights treaties. It imposes on it the obligation to adhere to European norms in the field of human protection. The need for comparative study of laws and effectiveness of their application at the present stage of society's development is due to the process of globalization affecting today not only economic and political processes but also the process of lawmaking. This requires the lawyers of different countries to join in the development of the theoretical foundations of lawmaking to formulate in the aggregate knowledge about the effect of laws based on world legal traditions and experience of the separate states. The complex structure of the health care organizations has led to the need for new models of healthcare professionals to ensure the quality of care and patient safety. In the current situation, patient safety is one of the new challenges faced by the medical students in undergraduate and postgraduate education. This involves incorporating a patient safety culture into curricula, in particular for the doctors and other health care professionals. The scientific article is aimed at solving the issues of criminal law protection as the rights of people in need of the medical services as well as medical and pharmaceutical workers who provide these services.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

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