scholarly journals Bases of criminal legal counteraction to separatism.

2020 ◽  
pp. 365-373
Author(s):  
Kubalskyi Vladyslav
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
State Power ◽  
Criminal Code ◽  
Territorial Integrity ◽  
Constitutional Order ◽  
Current Trends ◽  
Definition Of ◽  
Legal Mechanism ◽  
General Method

The criminal-law component is the most important element of the state-legal mechanism for combating separatism. The existing system of criminal-law protection of state sovereignty and territorial integrity and inviolability should be aimed at protecting against all existing and possible manifestations of separatism, taking into account current trends of its development. The methodological basis of the proposed article is traditional. In particular, used system-structural and formal-logical methods, which are covered by the general method of dialectical cognition. Criminal responsibility for separatism can only occur for specific crimes in which separatism is manifested as a phenomenon. In this regard, it is inappropriate to accept proposals for the legislative definition of the composition of the crime of “separatism” because of the particular complexity of this concept, because separatism is a complex of actions, and the article usually assumes responsibility for a specific action. At the present stage, it is advisable to adopt a special law to counteract separatism in order to systematically counteract this negative phenomenon. Criminal responsibility for separatist activity comes mainly under Art. 110 “Attack on the territorial integrity and inviolability of Ukraine” of the Criminal Code of Ukraine. The so-called “separatist” acts may also be crimes under Article 109 “Actions aimed at violent alteration or overthrow of the constitutional order or seizure of state power”, 1102 “Financing actions taken for the purpose of violent alteration or overthrow of the constitutional order or seizure of state power, changes of borders of the territory or state border of Ukraine”, 111 “State treason”. The so-called “separatist” can be attributed to other crimes in certain cases. The so-called “separatist” can be attributed to other crimes in certain cases. It should be borne in mind that separatist activities may be accompanied by the commission of crimes under Articles 258 “Terrorist Act”, 2583 “Creation of terrorist group or terrorist organization”, 260 “Creation of non-statutory paramilitary or armed formations”, 341 “Capture of state or civil structures” etc.

scholarly journals Baudžiamosios atsakomybės už kankinimą nustatymo ir įgyvendinimo problemos Lietuvoje

Teisė ◽  
2010 ◽  
Vol 74 ◽  
pp. 46-56
Author(s):  
Romualdas Drakšas ◽  
Regina Valutytė
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Theory And Practice ◽  
Definition Of

Straipsnyje nagrinėjamos baudžiamosios atsakomybės nustatymo ir įgyvendinimo problemos Lietuvoje ir vertinama, ar Lietuva tinkamai vykdo tarptautinius įsipareigojimus drausti ir bausti kankinimus. Atsi­žvelgdami į kankinimo sampratą tarptautinėje teisėje, autoriai pateikia Lietuvos baudžiamosios teisės teorijai ir praktikai tinkamiausią kankinimo apibrėžimą bei įvertina, ar Lietuvos Respublikos baudžiama­jame kodekse turėtų būti straipsnis, numatantis tiesioginę atsakomybę už žmogaus kankinimą. The article discusses the problems of determination and implementation of criminal responsibility for torture in Lithuania. It is evaluated weather Lithuania meets its engagements to prohibit and punish the act of torture properly. Taking into account the concept of torture in international law the authors suggest a definition of torture that fits most for the theory and practice of Lithuanian criminal law. The authors also evaluate whether the Criminal Code of Lithuania should be complemented with an additio­nal article providing for the direct responsibility for torture.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

IMPLEMENTATION PROBLEMS IN THE CRIMINAL LAW COUNTERACTION MECHANISM TO VIOLENT SEIZURE OF POWER

2020 ◽  
pp. 48-53
Author(s):  
Александр Анатольевич Кузнецов
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
State Power ◽  
Criminal Code ◽  
Constitutional Order ◽  
The Russian Federation ◽  
The Moment ◽  
Implementation Problems

В статье рассматриваются действующие нормы Уголовного кодекса Российской Федерации, непосредственно направленные на борьбу с насильственным (незаконным) захватом государственной власти, а также нормы, которые формируют механизмы противодействия терроризму и экстремизму. Отмечается, что признак насильственного захвата власти на данный момент, помимо ст. ст. 278 и 279 УК РФ, встречается в структуре ряда составов ст. ст. 205.1-205.4, 205.6, 275, 280, 280.1, 282.1-3 УК РФ. На основании действующего законодательства насильственный захват власти относится к проявлениям экстремизма и терроризма. Автором анализируется эффективность имеющегося набора средств уголовно-правовой охраны основ конституционного строя, делается вывод об отсутствии в действующем УК РФ такого механизма уголовно-правового противодействия насильственному захвату власти, который бы позволял эффективно бороться с этим крайне опасным явлением на всех стадиях (этапах) его детерминации вне зависимости от формы осуществления государственного переворота. Предлагается развитие механизма уголовно-правового противодействия насильственному захвату власти, состоящего из комплекса взаимосвязанных и взаимодополняющих уголовно-правовых запретов, с учетом разнообразия проявлений и характера совершаемых действий. The article examines the current norms of the Criminal Code of the Russian Federation, which are directly aimed at combating the violent (illegal) seizure of state power, as well as the norms that form the mechanisms for countering terrorism and extremism. It is noted that the sign of a violent seizure of power at the moment, in addition to articles 278 and 279 of the Criminal Code, is found in the structure of a number of compositions - art. 205.1-205.4, 205.6, 275, 280, 280.1, 282.1-3 Criminal Code of the Russian Federation. Based on current legislation, violent seizure of power is considered to be a manifestation of extremism and terrorism. The author analyzes the effectiveness of the existing set of tools of criminal law protection of the constitutional order, the conclusion about the absence in the current Criminal Code of the Russian Federation this mechanism of criminal legal counteraction to violent seizure of power, which would allow to effectively deal with this extremely dangerous phenomenon in all stages (stages) of its determination regardless of the form of the coup. It is proposed to develop a mechanism of criminal-legal counteraction to the forcible seizure of power, consisting of a set of interrelated and mutually complementary criminal-legal prohibitions, taking into account the variety of manifestations and the nature of the committed actions.

scholarly journals Doctrinal issues of criminal responsibility in Russian criminal law

2019 ◽  
pp. 128-135 ◽  
Author(s):  
E. N. Barkhatova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.

scholarly journals The system of extremist crimes under the legislation of Ukraine

2020 ◽  
Vol 11 (11) ◽  
pp. 281-286
Author(s):  
Babii A. Y.
Keyword(s):  
Criminal Responsibility ◽  
State Power ◽  
Armed Forces ◽  
Criminal Code ◽  
Weapons Of Mass Destruction ◽  
International Protection ◽  
Constitutional Order ◽  
Special Part ◽  
Financing Of Terrorism ◽  
War Art

In the articles analysed scientific approaches are in relation to determination systems of crimes, that can belong to extremist. It is emphasized absence of the special norms on questions counteraction to extremism in Ukraine. In Ukraine scientists spare insufficient attention to extremist crimes. These problems have a significant impact on counteraction to extremism. The main efforts are aimed at combating such extremism form as terrorism in Ukraine. Absence of unanimity is established among scientists in understanding of extremism and him criminal displays. From the point of criminology of sight with the aim of decision of tasks of prevention and counteraction seems reasonable and expedient association of various extremist encroachments in one group of criminology under the general name «extremist crimes». Drawn conclusion that the use of the various going near determination of the system of extremist crimes conditioned foremost by complication and multidimensionalness of the phenomenon of extremism, and also by absence in the legislation of Ukraine of the special norms sanctified to counteraction to extremism. Criminal responsibility for acts that it is accepted to name extremist, envisaged by the norms of different divisions of Special part of Сriminal Code of Ukraine that testifies to the threat of extremism not only for bases of national safety of the state. Under extremist it is suggested to understand crimes committed for extremist motives and (whether) aims. There are sufficient and reasonable grounds to consider that to extremist crimes under the Criminal Code of Ukraine may include in certain cases the following encroachments: actions aimed at forcible change or overthrow of the constitutional order or seizure of state power (article 109 of the Criminal Code of Ukraine), encroachment on territorial integrity and inviolability of Ukraine (art. 110), financing of actions committed with the aim of forcible change or overthrow of the constitutional order or seizure of state power, change of borders of the territory or state border of Ukraine (art. 1102), treason (art. 111), encroachment on the life of a statesman or public figure (art. 112), sabotage (art. 113), obstruction of the lawful activities of the Armed Forces of Ukraine and other military formations (art. 1141), violation of equality of citizens depending on their race, nationality, religious beliefs, disability and other grounds (art. 161), terrorist act (art. 258), involvement in committing a terrorist act (art. 2581), public appeals to commit a terrorist act (art. 2582), creation of a terrorist group or terrorist organization (art. 2583), assistance in committing a terrorist act (art. 2584), financing of terrorism (art. 2585), creation of paramilitary or armed groups not provided by law (art. 260), mass riots (art. 294), calls to commit acts threatening public order (art. 295), propaganda of war (art. 436), planning, preparation, resolution and conduct of aggressive war (art. 437), the use of weapons of mass destruction (art. 439), genocide (art. 442), encroachment for the life of a representative of a foreign state (art. 443), crimes against persons and institutions with international protection (art. 444), mercenary (art. 447). Keywords: extremism, extremist crimes, system, extremist motives.

scholarly journals Doctrinal basis of crime classification

2020 ◽  
Vol 1 (1) ◽  
pp. 147-154
Author(s):  
Oleksandra Skok ◽  
Stanislav Omelchenko
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Formal Logic ◽  
Classification Criterion ◽  
Low Gravity ◽  
Criminal Offenses ◽  
Definition Of ◽  
Crime Classification

The article deals with the issues of formation, development and legislative registration of the Institute for the classification of crimes. Scientific and legislative classification of crimes, rules of formal logic as a basis for differentiation of criminal offenses and individualization of criminal responsibility and punishment are investigated. The term “crime classification” has been interpreted, the principles and functions of classification have been defined. The definition of the classification criterion, the content of public danger in the doctrine of criminal law, for which there is a large number of scientific views, is given. The criteria of public danger as a material sign of a crime are defined. According to Article 12 of the Criminal Code of Ukraine, depending on the severity of the crime, the crimes are divided into crimes of low gravity, 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. Crime classification is inextricably linked to the principles of formal logic and the laws of dialectics. The analysis of the theoretical provisions of the classification of crimes shows that the current legislative definition of crimes of small gravity, medium gravity, grave and especially grave, - is constructed with the non-observance of some basic rules of formal logic concerning the necessity of using in one classification the same grounds and grounds . It should also be noted that the neglect of the typical sanction by the legislator as the sole classification criterion has led to the emergence of an additional formal criterion in the form of a fine, which in itself contradicts the generally accepted doctrinal provisions for constructing the classification.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Historical Experience of Criminalization: to the Centenary of the Guiding Principles on Criminal Law of the RSFSR

2019 ◽  
pp. 31-35
Author(s):  
Ivan Kozachenko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Historical Experience ◽  
Law System ◽  
Political Situation ◽  
Historical Method ◽  
Advantages And Disadvantages ◽  
Concept Planning ◽  
Guiding Principles ◽  
Definition Of

The creation of the Guiding Principles on the Criminal Law of the RSFSR of 1919 is studied taking into account extremely complicated internal and external political situation in the country at the beginning of the twentieth century. Using the methods of analysis, synthesis, as well as comparative and historical method, the author determines the significance of the Guiding Principles in the law system of the young Soviet state. Some key norms of the document are examined. In particular, the definition of criminal law is analyzed and its advantages and disadvantages are identified. It is noted that the definition of a crime was formulated too broadly, and more significant steps in criminalization of different acts were made with the adoption of the RSFSR Criminal Code of 1922. It is indicated which persons were not punished according to the Guidelines. Attention is drawn to the way in which such a method of protection as necessary defense was set forth in this act. The Guiding Principles are not without certain disadvantages: for example, the institution of complicity is not sufficiently disclosed, there is lexical redundancy in the definition of the concept «planning the offence». However, the discrepancies between the main provisions covered in the Guidelines are explainable and excusable, taking into account the historical situation at the time of their adoption. The analyzed document became the basis for Russian criminal law, and some of its provisions are still relevant.

Liability of minors in russian criminal law practice XVIII — first half of XIX century

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 242-249
Author(s):  
Alexander Sergeev ◽  
Ekaterina Bratukhina ◽  
Irina Kushova ◽  
Dmitriy Ovsyukov
Keyword(s):  
Juvenile Offenders ◽  
19Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Age Of Onset ◽  
Historical Aspects ◽  
Definition Of ◽  
Xix Century ◽  
The 19Th Century

The article examines the historical aspects of the evolution of the legislative definition of the age of onset of criminal responsibility and the specifics of sentencing juvenile offenders in the 18th and first half of the 19th century.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

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