Comparative Analysis of Abortion Arrangement on the Draft Criminal Code (Ruu Kuhp) and Law of the Republic of Indonesia Number 36 of 2009 Concerning Health

Legal Ukraine ◽  
2020 ◽  
pp. 42-51
Author(s):  

The article deals with the reasons for the adoption and the main provisions of the Criminal code of Ukraine 2001 year and the Criminal code of Poland in 1997 year. It is shown that the total content of the Criminal code of Ukraine in 2001 year significantly exceeds the volume of the Criminal code of Poland in 1997 year and is more humane. The reasons for the adoption of the Criminal code in 1997 year were the need to amend the legislation based on the 1997 year Constitution of Poland, as well as to harmonize the legislation in force in this country with European standards. Similarly, the Criminal code of 2001 year was adopted on the basis of the provisions of the 1996 year Constitution, which embodied the rule of law in the country, recognized a person, his life and health, honor and dignity as the highest social value. The total volume of the Criminal code of Ukraine in 2001 year significantly exceeds the Criminal code of Ukraine in 1997 year by the number of characters 1.9 times and the number of articles by 1.2 times. Another difference between the two codified acts is the fact that the Ukrainian act consists of two parts, and the Polish of the three acts — General, Special and Military. The logical scheme of construction of the General part consists of the following blocks: 1) principles of criminal compliance; 2) forms of crime; 3) punishment; 4) rules of their appointment; 5) prescription; 6) clarification of the concepts of the code. A characteristic feature of both codified acts is the fact that in them the largest number of marks falls on the section devoted to crimes in the sphere of economic activity, credit, banking and financial spheres. At the same time, both codified acts are characterized by considerable uneven distribution of textual material. Of the Criminal code of 2001 year differs from the Criminal code of 1997 year by a more humane treatment of penalties when considering penalties and the maximum term of imprisonment, but the Criminal code of Ukraine provides for the use of life imprisonment in 27 articles, despite the fact that the Criminal code of Poland only has three articles. Key words: Criminal code, Ukraine, Republic of Poland, quantitative indicators, crime, penalties, comparative analysis.


Author(s):  
Anton A. Lavitski

In our research we perform a comparative analysis of the category of threat in the scientific and naïve pictures of the world. In the former case we treat threat as an object of research in modern linguistic text evaluation, in the latter – as a concept reflected in the naïve language consciousness. The analysis is based on the characteristics of the parametric forensic linguistic model of threat as defined in article 186 of the Criminal Code of the Republic of Belarus, namely offences committed verbally, and on the survey data collected from individuals residing in Vitebsk Region (100 respondents). The methodological basis of our study comprises methods of parameterization, a survey, the comparative method as well as statistical tools for preparing and processing the resultant survey information. As a result, the research provides a detailed description of identification parameters of threat as they are defined by the Belarusian national legislation: 1) type of offensive action; 2) subjectivity of action; 3) targetness; 4) temporal markedness. The attempt to construct a parametric model of threat as a phenomenon of everyday language consciousness is based on the results gathered from the survey conducted on residents of Vitebsk Region (60 female respondents: 40 – urban residents, 20 – rural residents; 40 – male respondents: 30 – urban residents, 10 – rural residents). The comparative analysis shows that there is a noticeable gap between the scientific and naïve perceptions of threat. Unlike the forensic linguistic model of threat, its perception by Belarusian individuals does not have identifiable features for markedness and is recognized at the intuitive level; the parameter that the naïve picture of the world regards as important is a harmful action. It also appears worthwhile to note that though there are no gender or age peculiarities in everyday perception of threat as an illegal action, it features distinct local specificity.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.


2020 ◽  
Vol 16 (4) ◽  
pp. 715-729
Author(s):  
T.N. Savina

Subject. To achieve a high level of economic security is a key priority of national development. Employment reveals one of the most important aspects of social development of the individual that is associated with his or her needs satisfaction in the sphere of employment and is boon to economic security. Objectives. The purpose of the study is to show the impact of unemployment on economic security in employment. Methods. I apply such scientific methods as dialectical, historical and logical unity, structural and functional analysis, traditional techniques of economic analysis and synthesis. The methods of multivariate statistical and comparative analysis serve as a methodological basis of the study. To determine the indicator of unemployment, I use the band theory. Results. I underpin the growing role of employment in ensuring economic security. The paper presents a comprehensive assessment of the unemployment status and a comparative analysis of the indicator in the Republic of Mordovia, the Volga Federal District, and the Russian Federation as a whole. I identify trends in the average duration of unemployment, show the distribution of unemployed by level of education and age groups. Conclusions. The average annual unemployment rate in the Republic of Mordovia is lower than in Russia and the Volga Federal District. The findings may be useful for public authorities to substantiate their employment policy at both macro- and meso-levels, for designing programs and strategies for socio-economic development of regions and the social security doctrine, as well as in practical activities of employment services.


2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.


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