scholarly journals Criminal law regulation in the professional activity of a journalist

2020 ◽  
pp. 171-180
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Practical Significance ◽  
Professional Activity ◽  
Special Role ◽  
Professional Activities ◽  
Criminal Offenses ◽  
Criminal Legislation ◽  
Law Regulation

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. 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. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

2021 ◽  
pp. 181-188
Author(s):  
Serhii Repetskyi
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Educational Process ◽  
Practical Significance ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Special Part ◽  
Illegal Acts ◽  
Definition Of ◽  
Criminal Legislation

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

KRIVIČNOPRAVNA ZAŠTITA ŽIVOTNE SREDINE U ZAKONODAVSTVU REPUBLIKE SRBIJE I STANDARDI EVROPSKE UNIJE

2021 ◽  
pp. 297-312
Author(s):  
Višnja Randjelović ◽  
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Social Visibility ◽  
Criminal Protection ◽  
Legislative Activities ◽  
Criminal Legislation

With the raising of the social visibility of numerous forms of injury and endangerment of the environment, as well as the raising of people's awareness of the need for wider and more intensive environmental protection, a special group of crimes aimed exclusively at environmental protection is being formulated. Criminal protection of the environment should be viewed through the basic three characteristics of criminal law - its fragmentation, accessory and subsidiarity in order for this protection to be justified and to represent the ultima ratio in environmental protection. This position is taken both in the national criminal legislation and at the level of the European Union, within the framework of whose rich legislative activities in this field the states are again appealed to criminalize and prosecute crimes against the environment, when other measures of social reaction to damage and destruction of the environment does not give satisfactory results. Comparing the criminal offenses against the environment contained in the Criminal Code of Serbia with the actions whose incrimination is proposed within the EU regulations, it can be noticed that the domestic legislation is essentially harmonized with EU law. What remains "uncovered" is criminal law protection against noise, given that noise protection is regulated in domestic legislation within the framework of misdemeanor law.

scholarly journals Criminal-Legal Mechanisms For Protecting The Activities Of Business Entities In Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 2123-2135
Author(s):  
Marufjon Kurbanov
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Business Activity ◽  
Special Significance ◽  
The Social ◽  
The Republic ◽  
Business Entities ◽  
Law Regulation

This article is dedicated to the institute of protecting business through criminal law in the Republic of Uzbekistan. In it, the author conducted an analysis of general characteristics of crimes related to obstruction, unlawful interference in business activities according to the Criminal code of the Republic of Uzbekistan. Therefore, researching of legal nature of crimes against business, analyzing its objective and subjective signs has a very special significance. The author reveals the social danger of these kinds of crimes, the necessity of appointing the criminal responsibility for it. Such types of crimes against business Violation of the right to private property, Forced involvement of business entities in charity and other events, Illegal suspension of activities of business entities and (or) operations on their bank accounts are analyzed. Therefore, researching criminal law regulation of business activity in the example of the Republic of Uzbekistan, analyzing its objective signs has a very special significance. The author reveals the social essence of criminal law regulation of business activity in Uzbekistan danger. And, namely, it has been provided specifics of the criminal legal protection of entrepreneurial activity in the criminal law of Uzbekistan are determined by the model of the economic system and the legal regulation of economic relations in the state. On the basis of the Criminal Code of the Republic of Uzbekistan, reviewed the significant aspects of protecting business through criminal law in the Republic of Uzbekistan.

scholarly journals Signs of an officer holding a particularly responsible position as a special criminal subject in criminal law of Ukraine

1970 ◽  
pp. 337-341
Author(s):  
Vitalii Kabaiev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Functional Attributes ◽  
Criminal Offenses ◽  
Special Basis ◽  
Or Organization ◽  
Criminal Legislation

Effective counteraction to crime is one of the primary challenges facing Ukraine as a democratic and rule of law state. In particular, counteraction to criminal offenses committed by officials is of particular importance in this process. In order to organize a productive struggle with these negative phenomena, it is imperative that law enforcement and judicial authorities have a correct and equal understanding of such a concept as an official. The purpose of this article is to investigate the notion and characterization of an officer holding a particularly responsible position as a special crime subject. The article presents the result of the study of the notion of officers a particularly responsible position. In particular, an analysis was carried out and the characteristics of an official holding a particularly responsible position as a special subject of crime, in accordance with the criminal legislation of Ukraine, were outlined. In particular, the functional and official characteristics of such an officer are identified, which indicate that he or she is different from the general subject of the crime, and express the peculiarities of this kind of special subject of crime in comparison with others. An analysis of the current criminal law of Ukraine shows that such signs relate to the functions and duties performed by the official, as well as his relationship with the enterprises, institutions or organizations on whose behalf he is acting. Thus, to the functional attributes, the author refers to the following: the exercise of the functions of a representative of power; connection with the activity of the enterprise of the institution or organization; the place of performance of the duties of an official. Among the official features of the official, the author identifies such features as the performance of the said functions and duties on a permanent, temporary or special basis. In general, the article provides a concise list of features of officials who occupy a particularly responsible position, who are special subjects of crime, and have all the characteristics defined in Part 1 of Art. 18 of the Criminal Code of Ukraine, also disclosed the content of special features that serve as an auxiliary (clarifying) source to identify a special entity.

scholarly journals Mediation in Bribery as a New Type of Criminal Professional Activity: Statement of the Problem and Issues of Qualification

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Yaroslav Garmyshev ◽  
Anna Khristyuk
Keyword(s):  
Criminal Policy ◽  
Legal Protection ◽  
Criminal Activity ◽  
Criminal Code ◽  
Professional Activity ◽  
Judicial Practice ◽  
The Supreme Court ◽  
New Type ◽  
The Russian Federation ◽  
Criminal Legislation

The article examines the interrelation between the structure of mediation in bribery in modern criminal legislation of Russia and the criminal activity performed on the professional basis, justifies the need to study the prerequisites for such an interrelation when countering corruption-related crimes, determining the object of legal protection. The article is also devoted to the issues of qualification of mediation in bribery in relation to the current level of criminal policy in Russia. The authors examine the topical problems of criminal and law assessment of mediation in bribery, promises or offers of mediation in bribery based on objective and subjective characteristics of the analyzed body of the crime. The article pays attention to a number of controversial formulations in art. 291.1 of the Criminal Code of the Russian Federation as applied to the theory of criminal law and modern law enforcement, offers author's interpretations, taking into account the rules of formal logic, explanations of judicial practice by the Supreme Court of Russia, determines the algorithm for qualification of mediation in bribery and criteria for distinguishing from related bodies of crimes.

scholarly journals Legal protection of victims under criminal law in the Republic of Macedonia

Temida ◽  
2008 ◽  
Vol 11 (1) ◽  
pp. 25-46 ◽  
Author(s):  
Oliver Bacanovic
Keyword(s):  
Juvenile Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Criminal Legislation

The author tried to outline the status of crime victims in Macedonian criminal and juvenile legislation by analyzing three legal texts referring to legal protection of victims under criminal law in the Republic of Macedonia (the Criminal Code, the Law on Criminal Procedure Act and the Law on Juvenile Justice). The basic questions which have been analyzed from the criminal substantial aspect include: the rights and interests of the victims as a consistent part of contemporary criminal policy and Criminal Code reforms, the elements of diversion model based on concept of restorative justice in criminal legislation and victimology aspects of some significant novelties in the special part of criminal law. In this article two dimensions dealing with a change of status of damaged person in criminal procedure of the Republic of Macedonia have been analyzed, while taking into consideration new trends and comparative experiences in this field. One dimension is the role of the damaged person and incorporation of elements of restorative justice in the criminal procedure, while the other dimension includes help and support of the victims and prevention of their secondary victimization. While analyzing suitable provisions of the Law on Juvenile Justice, the author focuses on its solutions that deserve more attention because of its innovations. The consequent realization of the concept on which this law is based on, and in which the victim, at the same time, has a significant role is another confirmation of the rule that the changes of juvenile legislation creates good basis for future reforms of criminal legislation regarding the adult offenders.

scholarly journals Problems of exemption from criminal liability for restricting competition

2021 ◽  
Vol 108 ◽  
pp. 02012
Author(s):  
Andrey Viktorovich Sarubin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Legal Protection ◽  
Criminal Code ◽  
Comparison Analysis ◽  
Economic Relations ◽  
The Russian Federation ◽  
Criminal Legislation

The article considers the problems of exemption from criminal liability for restricting competition (Art. 178 of Criminal Code of the Russian Federation). The criminal legislation of Russia and the practice of its application in terms of exemption from liability for restriction of competition are analysed. It is thought that the main objectives of the criminal-law prohibitions contained in Chapter 22 of the Criminal Code of the Russian Federation, is to ensure the criminal-legal protection of economic relations, preventing the growth of crimes that threaten the development of financial institutions of the state. Purpose of work: Identify problems of exemption from criminal liability for restricting competition in the modern practice of preliminary investigation and court, and propose ways to improve the criminal law on the exemption from criminal liability for restricting competition. Methods. The methodological basis of the research was the general dialectical method of scientific knowledge, which has a universal character, as well as methods of logical deduction, induction, cognitive methods and techniques of observation, comparison, analysis, synthesis and description, formally logical. Results. The research revealed the problems of application of the criminal law on the exemption from criminal liability for restriction of competition and suggested ways to improve paragraph 3 of the notes to the Art. 178 of Criminal Code of the Russian Federation, providing for the possibility of exemption from criminal liability for restricting competition.

Criminal offenses against morality: comparative legal characteristics of the legislation of Ukraine and the Baltic countries

2021 ◽  
pp. 198-208
Author(s):  
Yevhen Pysmenskyy
Keyword(s):  
Criminal Law ◽  
Comparative Method ◽  
Legal Framework ◽  
Educational Process ◽  
Practical Significance ◽  
Baltic States ◽  
Advantages And Disadvantages ◽  
Criminal Offenses ◽  
The Baltic ◽  
Criminal Legislation

Purpose. While comparing the Criminal Code of Ukraine with the criminal legislation of Baltic States (Lithuania, Latvia, Estonia), the goal is to find the best options for further development of the criminal legislation of Ukraine on liability for offenses against morality, taking into consideration current aspirations to radically update the relevant legal framework. Methodology. The comparative method is the key one for the purposes of the research. Critical comparison of the criminal law provisions of the Baltic States and Ukraine on the grounds of liability for offenses against morality has been made with reference to this method. The research also used such methods of academic cognition as: historical-legal, system-structural analysis, formal-logical, modeling. Results. Based on the study of the advantages and disadvantages of the legal framework of the grounds of liability for criminal offenses (crimes and misdemeanors) against morality in accordance with the Criminal Codes of the Baltic States recommendations for optimizing and improving the effectiveness of such rules has been developed, while taking into consideration criminal law reform processes in Ukraine. Scientific novelty. The study has revealed a number of positive and progressive legislative decisions, reflected in the Criminal Codes of the Baltic States on liability for offenses against morality. It makes possible to carry out their potential adoption in the process of further rule-making activities in Ukraine. Practical significance. The conclusions and suggestions formulated in the article can be used in law-making activities to improve criminal law of Ukraine in terms of combating encroachments upon morality, as well as in research and educational process as a basis for further comparative research on liability for offenses against morality in Ukraine and other countries.

scholarly journals Strafrecht gegen Korruption im Sport?

2021 ◽  
Author(s):  
Julian Sigmund
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Protection Measures ◽  
Criminal Offenses ◽  
Principle Of Proportionality ◽  
Criminal Legislation

The thesis examines the legitimacy of the criminal offenses introduced in Sec. 265c, 265d of the German Criminal Code (StGB). First, the addressed bribery-related manipulations of sports competitions are systematized phenomenologically and described in terms of extent and causes. The standard of review derived from the doctrine of legal interests and the principle of proportionality then requires an intensive examination of the content of the integrity of sport, which the legislature has declared to be the object of protection, an analysis of the structures of offenses, and an evaluation of the effectiveness of non-criminal law, in particular internal sports prevention and protection measures. As a result it should be noted: Sec. 265c and 265d of the German Criminal Code (StGB) also show questionable features of the expansive criminal legislation that has characterized recent years.

scholarly journals System approach in criminal law: achievements and prospects of application

2021 ◽  
Vol 2 (20) ◽  
pp. 11
Author(s):  
V. F. Obolentsev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Systems Engineering ◽  
System Approach ◽  
Criminal Code ◽  
Law System ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Systemic Nature ◽  
Law Regulation

The solution of fundamental problems of criminal-law regulation should be carried out taking into account doctrinal scientific developments and the latest achievements of scientific and technological progress. In this sense, using of a system approach is expanded, which has now received significant instrumental support in the format of information technology and software. A system approach is a methodological direction of scientific knowledge of system objects by means of system engineering, which is implemented in two main areas – in the field of methodology and theory, and in the field of specific applications. The aim of the paper is a comprehensive description of using of system approach in domestic criminal law. The task is to outline the prospects of applying a system approach in domestic criminal law, taking into account the latest technologies of systems engineering. Criminal law in its essence can be understood as a system of information (knowledge) that outlines the criminal offenses’ types and criminal law measures of state reaction to them. As a systemic object, this phenomenon is characterized by several circumstances. System components of criminal law. First of all, the authors are talking about the systemic nature of a crime, according to which the system of criminal law regulation is oriented. The systems are also criminal law provisions. Their structural elements-subsystems are hypothesis, disposition and sanction The system of criminal law has its own structure. The initial elements of its structure are criminal law. This also includes atypical regulations: criminal law constructions, legal presumptions and fictions. According to the degree of generalization, legal norms and atypical normative prescriptions are united into legal institutions. The systemic structure of the studied system object is manifested in the multiplicity of relations between them. System connections of criminal law. In the system of criminal law, informational connections are realized. Functioning of criminal law system in the system environment. Through the mechanisms of rule-making, information from protected social relations is introduced into it from the outside, and through the mechanisms of law enforcement, it affects its environment. According to the system approach, a model of the crime system and the system of the Criminal Code of Ukraine is proposed, developed on the basis of IDEF0 notation

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