Criminal responsibility of medical workers: national and foreign experience

The article is devoted to research of positions of foreign legislation, that envisage criminal responsibility for public appeals to committing crimes against national safety. Attention is accented on the problems of improving of legislation of Ukraine in this sphere. The suggestions of the Ukrainian scientists, related to improving of norms of Division І Special part of the Criminal code of Ukraine, that regulate responsibility for public appeals to committing crime against bases of national safety, are analyzed. The purpose of the article is to identify the main ways to improve the criminal legislation of Ukraine, which provides for liability for public appeals to commit crimes against national security, based on doctrinal approaches of domestic scholars and foreign experience of criminal liability for such crimes. In modern conditions, the problem of improving criminal law for public appeals to commit crimes against the foundations of national security of Ukraine, criminal liability for which is provided for in Part 2 of Art. 109 and Part 1 of Art. 110 of the Criminal code of Ukraine. Research on these issues without an analysis of foreign experience in this sphere seems to be extremely limited. It is proposed to supplement the Criminal сode of Ukraine with the article «Public appeals to actions aimed at harming the foundations of national security of Ukraine». The expediency of combining crimes, the responsibility for which is provided by Part 2 of Art. 109, part 1 of Art. 110, part 1 of Art. 2582, art. 295, art. 436, part 2 of Art. 442 of the Criminal Code of Ukraine, in one criminological group under the general name «public calls to commit crimes against national security».

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On the Differentiation of Responsibility for the Organization of Binary Options Using “Exchange Terminals” in the Context of Preventing Underage Crime and Gambling

Всероссийский криминологический журнал ◽

10.17150/2500-4255.2018.12(6).856-864 ◽

2018 ◽

Vol 12 (6) ◽

pp. 856-864

Author(s):

Tamara Makarenko ◽

Alexander Smirnov ◽

Andrey Santashov ◽

Aleksei Mironov ◽

Vasily Nekrasov

Keyword(s):

Computer Games ◽

Criminal Responsibility ◽

Legal Regulation ◽

Online Gambling ◽

Personal Interest ◽

Complex Solution ◽

Illegal Gambling ◽

Foreign Experience ◽

Game Addiction ◽

Binary Options

The article discusses the problem of excessive interest of minors in computer games, the development of a game addiction (gambling), which could trigger criminal activities. The authors examine various approaches to the issues of legal regulation of the organization of «binary options» through «exchange terminals». They highlight that Russian lawmakers do not have a definite position regarding this issue while legal publications contain contradicting suggestions. The authors believe that it is reasonable to use foreign experience, where «exchange terminals» in organizing binary options are viewed as equipment for gambling, this experience could also be used in determining liability for illegal gambling. They pay special attention to the problem of involving minors in gambling through simulators of gambling machines. It is stressed that modern Russian criminal and other legislation does not correspond to the current criminological situation and does not contribute to the effective counteraction of the illegal organization of gambling, and especially of involving minors into it. That is why it is necessary to impose criminal responsibility for the illegal production of gambling equipment, for its modification, storage, transportation, selling out of monetary or any other personal interest, without a special permit (license) as well as for illegal organization of gambling using gambling simulators («exchange terminals»), which cause serious harm to man and citizen, to the interests of the society and the state. Besides, to ensure a differentiation of such responsibility, it is necessary to include such an indicium of this offense that would lead to a stricter punishment for more socially dangerous consequences of the above-mentioned actions manifested in harming the health of juveniles or involving them in unlawful activities. To find a complex solution of this problem, it is also necessary to address the issue of establishing administrative responsibility for participation in gambling outside the gambling zone, including online gambling.

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