The current state of the legislative implementation of criminal law policy

2020 ◽  
pp. 111-118
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Practical Significance ◽  
New Approach ◽  
Public Discussion ◽  
Current State ◽  
Criminal Offenses ◽  
Legal Technology ◽  
Logical Semantic

Purpose. The aim of the work is to consider the novelties of the legislative work, which provide for the concept and classification of criminal offenses in accordance with the current edition of the Criminal Code of Ukraine and the draft of the new Code developed by the working group and put up for public discussion. Point out the gaps in the current legislation and the need to revise individual rules of the project in this aspect. The 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, logical-semantic, system-structural, logical-normative, comparative-historical. Results In the course of the study, it was determined that despite the fact that the amendments to the Criminal Code of Ukraine came into force in July of this year, their perfection, in terms of legal technology, raises many objections. On the basis of a comparative study, it was determined that the Draft Criminal Code of Ukraine needs further revision taking into account the opinions of experts in the process of public discussion. Originality. In the course of the study, it was established that the classification of criminal offenses proposed in the new edition of the Criminal Code of Ukraine does not stand up to criticism, since other elements of the classification appear in subsequent articles, which are not covered by the existing one. The draft Code, using a qualitatively new approach to this issue, retains the elements of the previous classification and has no practical significance in law enforcement. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current Criminal Code, to classify criminal offenses, as well as to further improve the draft Criminal Code of Ukraine.

Criminal-Law Protection of Religious Relations

10.12737/4823 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 41-50
Author(s):  
Виктор Беспалько ◽  
Viktor Bespalko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Russian Society ◽  
Social Significance ◽  
Freedom Of Conscience ◽  
Current State ◽  
Democratic State ◽  
Criminal Offenses ◽  
The Social

In the article the author analyzes the current state of Russian law on crimes against freedom of conscience and religious security. He proves social necessity for criminal law protection of religious relations. He also proposes his classification of the criminal offenses. The article contains the term «religious security». It shows the main threats to religious security in modern conditions, which need counteraction by criminal law. The author developed amendments and additions to the Criminal Code, taking into account the level of religious relations in Russian society. He demonstrates the social significance of protection of the personal freedom of conscience and religious security from criminal trespasses in a democratic state. The author based results of his investigation on sociological findings and links to sources of domestic and foreign criminal law.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

scholarly journals JUDGE'S JUDGMENT ON CRIMINAL OFFENSE AGAINST PERPETRATORS OF CRIMINAL EXTORTION WITH THE VIOLENCE AGAINST OTHER PEOPLE'S MOTORCYCLES (Verdict Study Number: 237/Pid. B/2018/PN Kla)

2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
Criminal Code ◽  
Deterrent Effect ◽  
District Court ◽  
Criminal Offence ◽  
Factors Affecting ◽  
Criminal Offenses ◽  
Violent Criminal ◽  
The Law

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.

Administrative Prejudice in Criminal Law: Law Enforcement Problems

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0 ◽  
Author(s):  
Элина Сидоренко ◽  
Elina Sidorenko
Keyword(s):  
Content Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
Legal Institutions ◽  
Methods Of Analysis ◽  
Administrative Responsibility

The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.

scholarly journals Classification System of Crimes in Criminal Code of the Republic of Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 1094-1101
Author(s):  
Nargizakhon Rakhimjonovna Rakhimjonova
Keyword(s):  
Law Enforcement ◽  
Classification System ◽  
Criminal Code ◽  
Focus Of Attention ◽  
Law Enforcement Agencies ◽  
Legal Professionals ◽  
General Part ◽  
The Republic

For many years, the issue of classification of crimes has been in the focus of attention of legal professionals, in particular, legal scholars, experts, law enforcement agencies. The reason is that it is through the classification of crimes that a socially dangerous act committed can be punished and the purpose of the punishment can be achieved. The system of classification of crimes is a list of crimes provided for in the Criminal Code, arranged in a certain order, depending on the severity of the crime. This article illustrates classification system of crimes according to the Criminal Code of the Republic of Uzbekistan. There are given essential statistics on each type of crime and the importance of classification system of crimes in applying the norms of General Part of the Criminal Code of Uzbekistan.

scholarly journals Relations of crimes of different gravity degree in the Criminal code of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 153-157
Author(s):  
Oleksandra Skok ◽  
Inna Shylo
Keyword(s):  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offenses ◽  
Special Part ◽  
The Law ◽  
The Impact

The article deals with the classification of criminal offenses in the current Criminal Code of Ukraine. All the crimes, the responsibility for which are established in the Special part of the Criminal Code of Ukraine, are analyzed and on the basis of this detailed description of crimes of small gravity, crimes of moderate gravity, serious and especially serious crimes is carried out. According to Art. 12 of the Criminal Code of Ukraine, depending on the severity of the crimes are divided into crimes of small severity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. This is the norm of the current Criminal Code acquired in accordance with the Law «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Offenses in the Field of Economic Activity» of November 15, 2011 No. 4025-VI. The percentage of different categories of crimes has been analyzed and the impact of the severity of crimes on some criminal liability issues has been determined. A study of the ratio of minor crimes to other categories of crimes showed that minor crimes constitute a fairly significant category of crimes, compared to others, namely 24.9%. In the Special Part of the Criminal Code, there is a «sharp jump» from the category of minor crimes to the category of especially serious crimes, which is connected with the occurrence of especially grave consequences in the qualified criminal offenses.

scholarly journals Human Trafficking – Can the German Reform Address the Complexity of the Phenomenon?

2020 ◽  
Vol 10 (3) ◽  
pp. 293-313
Author(s):  
Susanne Beck ◽  
Melina Tassis
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Interconnected System ◽  
The Poor ◽  
Victim Protection ◽  
Goals And Objectives ◽  
Oriented Approach

German criminal law regarding human trafficking was reformed in 2016 in order to implement European goals and objectives, for example, the effective cooperation between member states' law enforcement authorities. This article examines the problems connected with the implementation of the reforms from different perspectives. It also takes into account that the laws were also changed to close perceived gaps in the Criminal Code and to simplify the classification of any action linked to human trafficking. Thus, it will show that the phenomenon of human trafficking cannot be addressed by implementing stricter criminal laws alone, since the main causes lie in the poor living conditions of the countries of origin and the way in which modern societies consume. What is needed is a broad-based awareness, an international interconnected system and appropriate victim protection resulting in an interdisciplinary, human rights-oriented approach to fight human trafficking and exploitation.

scholarly journals PRECONDITIONS OF ADMINISTRATIVE RESPONSIBILITY: DOCTRINAL ISSUES

2021 ◽  
Vol 1 ◽  
pp. 102-111
Author(s):  
Oleksandr Gerasymenko
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Practical Significance ◽  
Clear Understanding ◽  
Current State ◽  
Wide Range ◽  
Scientific Approach ◽  
Rule Making ◽  
Administrative Responsibility

A thorough analysis of liability for administrative offence is not possible without clear understanding of its preconditions. The problem of preconditions for administrative responsibility is directly related to administrative delictization of offenses, effectiveness of the fight against delict, prominent state policy in the field of law enforcement and law order. In this aspect, the role of the preconditions for administrative responsibility is a lot more important because they formulate proper foundations for achieving its general objectives. Thus, they determine the effectiveness of administrative responsibility at sectoral and general social levels. The importance of the definition is due to the urgent needs of rule-making and law enforcement practice, the effectiveness of which directly depends on how reasonable and appropriate each administrative delict norm is. Unfortunately, despite all its scientific and practical significance, the issue of preconditions for administrative liability has not been resolved yet. Therefore, there is a need to form unified, consistent scientific approach to understanding the grounds for administrative liability. To this end, the article provides a critical analysis of the basic doctrinal concepts of the preconditions of administrative responsibility. A wide range of social, economic, technical and other factors that determine the effectiveness of administrative responsibility, its current state, its dynamics and prospects for its development have been studied. Discovered the role of these factors in creating a favorable socio-economic and information-technical environment for the implementation of the main tasks of administrative responsibility, in particular: offences prevention, reliable protection of public relations and education of citizens in the spirit of law. The author concluded the scientific and practical expediency of the systematic study of the preconditions for establishing administrative responsibility (preconditions for administrative delictization) and the preconditions for the effectiveness of administrative responsibility.

LEGAL NATURE OF SOURCES OF CONSTITUTIONAL LAW OF UKRAINE

2019 ◽  
pp. 98-104
Author(s):  
Galyna Volosheniuk
Keyword(s):  
Law Enforcement ◽  
Scientific Knowledge ◽  
Constitutional Law ◽  
Functional System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Legal Nature ◽  
Basic Approaches ◽  
Logical Semantic

Purpose. The purpose of the paper is to analyze the concepts and problems of the legal nature of the sources of constitutional law of Ukraine and to analyze the basic approaches to understanding the sources of constitutional law and their features. Methodology. The methodology involves a comprehensive analysis and generalization of available scientific and theoretical material and the formulation of relevant conclusions and recommendations. The following methods of scientific knowledge were used during the research: terminological, logical-semantic, functional, system-structural, logical-normative. Results: The research outlines the basic approaches to understanding the sources of constitutional law and their features. Based on this, these approaches are summarized and our view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Originality.The article deals with the legal nature of the sources of constitutional law of Ukraine, outlines the basic approaches to understanding the sources of constitutional law and their features. These approaches are summarized and their view of the legal nature of the sources of constitutional law of Ukraine is offered through the disclosure of their functions and features. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

Lawyers request a procedural document in a court proceeding

2020 ◽  
pp. 96-102
Author(s):  
Volodymyr Hromko
Keyword(s):  
Law Enforcement ◽  
Practical Problem ◽  
Practical Experience ◽  
Criminal Code ◽  
Practical Relevance ◽  
Law Enforcement Agencies ◽  
Scientific Cognition ◽  
Legislative Framework ◽  
Court Proceeding ◽  
Logical Semantic

Purpose: The purpose of this article is the desire to convey to the legal community, as well as to persons associated with the lawmaking process in the state, the need to amend the current legislation of Ukraine in the context of unloading the judicial system by providing such a procedural document as a lawyer's request, more important status and the imposition of stricter liability for failure to provide, or incomplete or improper, response to such a request. Methodology: The methodology involves the analysis of the available scientific and theoretical material, the legislative framework, in the part concerning procedural documents of the court, the lawyer and other law enforcement agencies, as well as their own practical experience. The following methods of scientific cognition were used during the research: terminological, logical-semantic, system-structural, logical-normative, comparative, and others. Results: In the course of the research it was determined that there was a real practical problem related to obtaining information by lawyers in the course of their legal activity, as well as other issues arising from it, including the saving of court time. An alternative is proposed to remedy and resolve issues related to this issue. Scientific Novelty: Scientific novelty is to offer the legal community a fundamentally different approach to understanding the value and importance of a lawyer's tool such as a lawyer's request. Practical relevance: The results of the study can be used in the process of amending the Law of Ukraine "On Advocacy and Legal Activities", as well as in the Criminal Code and Criminal Procedure Ukraine.

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