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 Improvement of the Procedure of Application of Compulsory Measures of Educational Impact

2019 ◽  
pp. 106-114
Author(s):  
K. A. Tabolina ◽  
Z. R. Dzheyranova
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Educational Impact ◽  
Specialized Knowledge ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
The Right ◽  
A Minor

The article is devoted to the problem of improvement of the procedure of application of compulsory educational measures in criminal proceedings against minors. The lack of proper regulation of the procedure for the application of compulsory educational measures and the existing legislative gaps determine the need for amendments and additions to the criminal law and criminal procedure law. It is proposed to grant the right to resolve the issue of termination of criminal prosecution and initiation of a petition for the application of a coercive measure of educational impact before the court to the prosecutor dealing with the criminal case brought before him with conviction or indictment. In order to resolve the question of the possibility of rehabilitating a minor through the use of compulsory educational measures, it is necessary to study his psyche using the specialized knowledge, which presupposes an expert opinion in the case. Exemption from criminal liability of minors under the rules of Article 90 of the Criminal Code of the Russian Federation should be treated as the duty rather than the right of the law enforcement agent. Approaches to the solution of the problem connected with execution of compulsory measures of educational impact have been formulated.

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 CRIMINAL LIABILITY FOR DOMESTIC VIOLENCE IN UKRAINE

2020 ◽  
Vol 33 (20) ◽  
pp. 102-107
Author(s):  
O.S. Bondarenko
Keyword(s):  
Domestic Violence ◽  
Criminal Responsibility ◽  
Physical Violence ◽  
Criminal Liability ◽  
Criminal Code ◽  
Psychological Violence ◽  
The Family ◽  
Economic Violence ◽  
Close Relationship ◽  
The Individual

The article deals with criminal liability for domestic violence in Ukraine. For a considerable period of time, in many cultures and in different political regimes, the family has been considered the foundation of society. The priority of the family is enshrined in both international legal acts and the Basic Law of Ukraine. However, unfortunately, sometimes the family does not become an attribute of security and peace, but rather an attribute of quarrels, conflicts, and sometimes even of violence. Sociological surveys are also disappointing: almost 70% of women are subjected to various forms of domestic violence, and 35% of minors are systematically affected by abusive parenting. In view of the pressing social need to criminalize domestic violence, and in the context of Ukraine’s ratification of the Council of Europe Convention on the Prevention of and Violence against Women and Domestic Violence, a new Article 126-1 “Domestic Violence” was introduced in Criminal Code of Ukraine. The author analyzes the criminal responsibility for domestic violence through the prism of the composition of crime. It has been established that the main direct object of a domestic violence crime is the health of the individual. An additional optional object may be the person’s honor, his / her mental integrity, etc. The objective aspect of domestic violence can take three forms of expression: physical, psychological, and economic violence. The subject is special (a spouse or former spouse or another person who is in a family or close relationship). The subjective side of the crime is characterized by direct intent. It is concluded that the current construction of this crime is not in general contrary to the current legislation, but needs adjustments that can improve both the perception of the norm itself and the process of its implementation. Keywords: domestic violence, types of domestic violence, physical violence, economic violence, psychological violence, qualification of domestic violence, the victim of domestic violence.

scholarly journals ECONOMIC VIOLENCE IN THE FAMILY: YPES AND REASONS FOR USE

2021 ◽  
pp. 76-82
Author(s):  
А. D. Danylyuk
Keyword(s):  
Domestic Violence ◽  
Criminal Code ◽  
Economic Resources ◽  
The Other ◽  
Psychological Violence ◽  
The Family ◽  
Economic Violence ◽  
Distribution Of Power ◽  
Objective Side ◽  
The Right

Based on national legislation on domestic violence, the article examines the concept of domestic violence. A particular attention is paid to economic violence in the family. Any form of violence is associated with the distribution of power between partners and some certain imbalance between them. In a couple, the partner who is emotionally and/or physically stronger and more influential uses violence. Economic violence is associated with the deprivation or restriction of the right to use economic resources, in which one of the partners (more often a woman) feels a threat towards security and emotional comfort, as she is in complete economic dependence on the tyrant partner. Economic violence can manifest itself in the deprivation or restriction of the right to use property, money; imposition of property obligations; transfer of monetary obligations to the victim; the prohibition of employment, which deprives the victim of the possibility of self-realization in the future. These actions may entail mental suffering and a decrease in the mental stability of the victim of violence, which indicates psychological violence and so on. The commission of these actions is violence in the event that the partner whom they were applied to feels psychological suffering, which can lead to a health disorder, emotional dependence or a deterioration in his/her of life’s quality. The reasons for economic violence are the unwillingness of partners to discuss complex issues related to the management of economic resources before starting a relationship; unwillingness of one of the parties to take responsibility for their lives, completely falling under the dependence of the other partner, including in financial matters; violation of the personal boundaries of another partner, the desire to manipulate him/ her and, as a consequence, the dependence of one partner on the other and so on. The criteria for distinguishing between criminally punishable domestic violence and domestic violence as an administrative offense are signs of systematicity and social danger. It is proposed to reveal the content of the forms of domestic violence enshrined in Art. 126–1 of the Criminal Code of Ukraine, taking into account the content of the objective side of other articles of Section II, IV of the Special Part of the Criminal Code of Ukraine; enforce in the footnote to Art. 126–1 of the Criminal Code definition of the concept of “systematic”.

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.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

scholarly journals ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS

2021 ◽  
Vol 37 (1) ◽  
pp. 101-106
Author(s):  
V.V. Kusakin ◽  
Keyword(s):  
Russian Federation ◽  
Traffic Safety ◽  
Criminal Liability ◽  
Criminal Code ◽  
Military Vehicles ◽  
Judicial Practice ◽  
Observation Methods ◽  
Expert Assessments ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

Certain aspects of allimet accounting and liability for failure to comply with obligations

2020 ◽  
Vol 4 (4) ◽  
pp. 156-160
Author(s):  
Yuliya Us
Keyword(s):  
Child Support ◽  
Legal Practice ◽  
Marriage And Family ◽  
Financial Responsibility ◽  
Positive Side ◽  
Procedure Code ◽  
Minor Children ◽  
The Right ◽  
A Minor ◽  
Family Code

Unfortunately, for ten years now, Ukraine has been the European leader in the number of divorces, as Ukrainians divorce almost twice as often as Europeans. If a couple who have a child divorces, then the person with the maintenance of a minor child also faces the greatest difficulties. There have always been parents in legal practice who were irresponsible in paying child support for their own son or daughter. This person is trying to avoid financial responsibility, so this issue is a huge problem today. Today is characterized by the recognition of women and men as equal persons. According to the Constitution of Ukraine, marriage is based on the free consent of a man and a woman. Each spouse has equal responsibilities and rights in marriage and family. The Constitution of Ukraine states that the right to family, motherhood and fatherhood in our state is protected by the state. In this paper, we will analyze alimony as an object of children's property rights. The article examines the current legislation, the rules of which regulate the procedure for awarding child support and the procedure for enforcement of a court decision on the recovery of child support. The issue of maintenance of minor children is mentioned in the following regulations: Law of Ukraine of 17.05.2017 № 2037-VIII "On Amendments to Certain Legislative Acts of Ukraine to Strengthen the Protection of the Child's Right to Proper Maintenance by Improving the Procedure for Recovery of Alimony"; Family Code of Ukraine of January 10, 2002 № 2947-III; Civil Code of Ukraine of January 16, 2003 № 435-IV; Civil Procedure Code of Ukraine Law of 18.03.2004 № 1618-IV, as well as cases from the unified register of pre-trial decisions, because it is important to analyze the practice of judges of Ukraine on this issue. On the positive side, our state has been actively working to close the gap on alimony payments for the last three years. The article will discuss ways to collect child support and leverage in the event of non-performance or improper performance of child support.

Criminal law and digital crime: problems and solutions

2018 ◽  
Author(s):  
Евгений Русскевич ◽  
Evgeniy Russkevich
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Schools ◽  
Computer Data ◽  
Digital Crime ◽  
Problems And Solutions ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Theoretical Issues

The monograph is devoted to the complex of theoretical and applied problems of adaptation of the domestic mechanism of criminal law protection to the "digitalization" of crime in the conditions of formation of the information society. Along with General theoretical issues, foreign criminal legislation and the provisions of international law are deeply analyzed. The paper presents a refined criminal-legal characteristics of crimes in the field of computer information, including the novelties of the Russian criminal law — the illegal impact on the critical information infrastructure of the Russian Federation (article 2741 of the criminal code), developed proposals for the differentiation of criminal liability for attacks on the security of computer data and systems, developed scientifically sound recommendations for qualification. The monograph is designed for researchers, teachers, practicing lawyers, students and postgraduates of law schools and faculties.

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