scholarly journals State activity and legal credo of Mykola Skrypnyk.

2021 ◽  
pp. 131-142
Author(s):  
Iryna Muzyka
Keyword(s):  
Criminal Law ◽  
National Policy ◽  
Criminal Policy ◽  
National Development ◽  
Point Of View ◽  
Practical Implementation ◽  
Legal Development ◽  
Socialist State ◽  
State Activity ◽  
The Way

Peculiarities of M. Skrypnyk's theoretical and ideological substantiation of national, judicial and criminal-legal policy in his concept of state-legal development of Soviet Ukraine are investigated. Coverage of the peculiarities of the ideological platform and legal credo of M. Skrypnik in the aspect of the anthropology of law is important for characterizing his state activity as one of the main theorists of the concept of «Ukrainian path to communism». From the point of view of anthropology, convincing explanations of M. Skrypnyk's various positions and steps in the sphere of state and party policy should be sought in his ideological and psychological sphere. At the same time, in our opinion, maneuvering in the ideological substantiation of M. Skrypnyk's practical activity is explained by his utilitarian attitude to ideology as an effective propaganda means of achieving goals in state-building. In our opinion, M. Skrypnyk considered the ultimate goal of the process of socialist construction not to be the development of a "communist oasis of the Ukrainian model," but the creation of a workers 'and peasants' statehood as a single labor society based on internationalism and communist ownership. M. Skrypnyk saw the national liberation and development of the culture of amateur broad masses of workers and peasants in the process of national development, which he considered a stage in the process of socialist construction, as a transitional stage on the way to this goal. An important argument in the search for explanations of the theoretical foundations and ways of practical implementation of state and national policy of M. Skrypnyk is his vision of the nature and objectives of judicial and criminal policy. M. Skrypnyk emphasized that Soviet criminal law has a public, social, anti-individualistic character, as opposed to bourgeois criminal law, built on the principles of individualism inherent in bourgeois society. On the way to achieving this goal in the mind of M. Skrypnyk, in line with the then understanding of state and legal phenomena and processes, there was a transfer of priorities from the rights and interests of the individual to the collective interests - declaratively to the interests of the proletariat. Man was not seen by him as the highest value and "measure of all things." Priority was given to other values: the "world revolution and the dictatorship of the proletariat," the elimination of the class division of society, and the defense and construction of the socialist state. According to the content of the concept of state and legal development of the USSR, M. Skrypnyk can really be considered one of the main theorists of the "Ukrainian path to socialism." However, the very concept of the future socialist state, set out in its creative heritage, does not seem to be a theory of Ukrainian national communism, as characterized by some researchers, and awaits a deeper study by historians of law.

MODEL AND STRUCTURE OF THE POLICY OF COUNTERACTING THE CRIME OF TRAFFICKING IN PERSONS

2021 ◽  
Vol 14 (5) ◽  
pp. 287-292
Author(s):  
ALIMZHAN BEKMAGAMBETOV ◽  
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
National Policy ◽  
Criminal Policy ◽  
Point Of View ◽  
Trafficking In Persons ◽  
Points Of View ◽  
The Republic ◽  
Constituent Elements ◽  
The Relationship

The purpose of the research. The article discusses the issues of further modeling of the criminal policy of combating crime in the field of human trafficking. In this regard, the issues of the constituent elements in the structure of the anti-criminal state mechanism are considered. Particular emphasis is placed on the relationship between criminal and criminological policy. The author, having analyzed the research in this area, distinguishes two groups of diametrically opposite points of view of scientists: one group of opinions is the idea that criminal policy is part of the criminological one, the other point of view is the opposite. The author of this work is of the opinion about the need for further integration and interaction between various fields of knowledge, including such areas as criminology of law and criminology of criminal law (law). Based on the fundamental concepts of a number of scientists, the author of the publication presents the structure of criminological legislation in the field of combating crime related to human trafficking, and also once again draws attention to the criminogenic gap expressed in the absence of a basic anti-trafficking law. Conclusions. In accordance with the author's approach, the international and national policy, consisting of criminal law, criminal procedural, criminal executive, operational-search and forensic subsystems, should be included in the number of subsystems of the policy of combating crime related to trafficking in persons. The need for a clear reflection in the official terminological turnover within the framework of the integral conceptual and categorical apparatus of the draft Concept or the national draft of the legal policy of the Republic of Kazakhstan is noted.

scholarly journals A legitimacy-based approach to EU criminal law: Maybe we are getting there, after all

2020 ◽  
Vol 11 (1) ◽  
pp. 20-39
Author(s):  
Kimmo Nuotio
Keyword(s):  
European Union ◽  
Social Theory ◽  
Criminal Law ◽  
Criminal Policy ◽  
Point Of View ◽  
Eu Law ◽  
Member States ◽  
Strong Emphasis ◽  
European Criminal Law ◽  
The Eu

European Union (EU) law is known for its strong emphasis on effectivity and more generally for its instrumental character. This is not foreign even to European criminal law, a feature which creates some tension between the EU criminal law and criminal law in the national setting. EU Framework Decisions and Directives often require the Member States to criminalize certain forms of conduct with sanctions that are ‘Effective, Dissuasive and Proportionate’. In this article, I try to show that it would be timely to look at EU criminal law from an alternative point of view, as a more mature law. I call this a legitimacy-based approach. Such a reading would ease some of these tensions. It would also be helpful in developing a criminal policy for the EU, a policy which would be realistic and pragmatic. And it would be easier to look at EU criminal law from the point of view of justice. In order to get there, we need to see where the (current) narrow deterrence argument gets is wrong or one-sided. Some social theory is needed in order to make the point.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals The Place Of Criminal Policy In The Political And Legal System

2019 ◽  
pp. 38-48
Author(s):  
I.V. Kozych
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Political Influence ◽  
Power Laws ◽  
General Concept ◽  
Point Of View ◽  
Political Activity ◽  
Public Authorities ◽  
Close Link ◽  
Formal Basis

In the article the author states that the policy in the sphere of combating crime, and like all its components, is a generic concept to the more general concept of «state policy». Therefore, it is advisable to combine the study of the concept of “criminal policy” with the understanding of “politics” in general and “policies in the field of combating crime” in particular. Politics is an important component of the functioning of the state. In connection with this literature, there are occasional terms that clearly indicate a close link between law and policy, between subjects of legal and political influence. Issues of different areas of law are increasingly being considered from both a legal and a political point of view. It is worth noting that lawmaking is a manifestation of state power. Laws are nothing but the way in which a particular political line is put into practice. The rules of law, as well as their judicial application and interpretation, determine the formal basis of political activity, while at the same time establishing an important tool for accountability and accountability of public authorities and restrictions on their activities. It is established that the criminal policy on the basis of the general policy in the field of combating crime develops a strategy and tactics, formulates the main tasks and directions of the criminal-law influence on crime and criminals. State influence on specific objects and phenomena on the part of subjects and institutes of policy in the field of combating crime within the framework of criminal law policy can be differentiated depending on the activity in question. These subspecies do not have the parameters of an independent crime subsystem, but function in it as relatively independent varieties.

Reasons to Criminalize

2018 ◽  
pp. 143-181
Author(s):  
Vincent Chiao
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Public Law ◽  
Point Of View ◽  
Harm Principle ◽  
The Political ◽  
Legal Moralism ◽  
The Public ◽  
Political Ideal ◽  
The Way

This chapter extends the public law conception to the theory of criminalization. The first half of the chapter is devoted to considering whether the criminal law has a privileged subject matter or “core,” focusing especially on Feinberg’s influential account of the criminal law as a system of direct prohibitions. The chapter argues that a subject-matter-based approach has difficulty coming to grips with actual criminal law systems in modern administrative states, in which so-called mala prohibita offenses predominate. The second half of the chapter turns to sketching how we might approach the question of criminalization from a public law point of view, both in general and with reference to the political ideal of anti-deference (sketched in Chapter 3) in particular. Along the way, the chapter argues that the (very popular) wrongfulness principle turns out to be either empty or implausible, and hence that we should reject any version of the harm principle, or of legal moralism, that presupposes it.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

scholarly journals ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY

2020 ◽  
Vol 30 (6) ◽  
pp. 844-850
Author(s):  
V.I. Antonov ◽  
E.V. Antonov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Point Of View ◽  
Relevant Today ◽  
History Of ◽  
Criminal Legislation ◽  
Further Development

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.

scholarly journals Multilayered criminal policy: The Finnish experience regarding the development of Europeanized criminal justice

2020 ◽  
Vol 11 (1) ◽  
pp. 7-19
Author(s):  
Raimo Lahti
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Culture ◽  
Point Of View ◽  
Law Reform ◽  
Eu Law ◽  
Procedural Law ◽  
Sanction Policy ◽  
European Criminal Law

The article examines the development towards a multilayered criminal policy in Europe on the basis of the Finnish experience. Three basic trends are noticeable from that point of view: Scandinavization of Finnish criminal and sanction policy; the influence of human and basic rights on the Finnish legal culture and criminal procedural law; and the effects of constitutional, human rights and EU law obligations on the Finnish criminal law reform. In addition, the challenges arising from Europeanization and internationalization of criminal law and criminal justice are analysed. In the concluding remarks, Finnish and Scandinavian criticism is expressed in relation to the unification of European criminal law, in favour of ‘united in diversity’.

scholarly journals The duality in the understanding of the modern criminal policy

2015 ◽  
Vol 2 (2) ◽  
pp. 122-133
Author(s):  
V L Shultz ◽  
S A Bochkarev
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
The State ◽  
Point Of View ◽  
Law And Order ◽  
Monitoring Tools ◽  
Level Of Understanding

The article examines the level of understanding of the moderators (scientists) and operators (practitioners) of the criminal law as an indicator reflecting the state of this branch of law. Diagnosed subjects of criminal-legal monitoring in their assessments of the state of law and order are at opposite positions on critical remote from each other a distance. In this regard, posed and investigated the question of whether their differences are the result of basic differences in point of view or they prove that between the parties to the controversy there is nounderstanding.Accordingtotheresultsstatedthat«split»inuntreatableandinter-sectoralviewsonthestateofthecurrentcriminallegal procedure due to the fact that monitoring tools are based on the relativistic attitudes that lead to paralysis of the activity of judicial bodies.

scholarly journals KEBIJAKAN PENEGAKAN HUKUM CYBERCRIME DAN PEMBUKTIAN YURIDIS DALAM SISTEM HUKUM PIDANA NASIONAL

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Dwi Nurahman ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Aspects ◽  
Point Of View ◽  
Legal Research ◽  
Law System ◽  
Positive Law ◽  
International Regulations ◽  
Enforcement Policies

This writing is oriented to find out how the legal aspects of evidence on cybercrime in the national criminal law system and law enforcement policies against cybercrime. The method uses is normatif legal research. Based on the results of the study it can be seen that the legal aspects of proving cybercrime have been strictly regulated in several laws and regulations in positive law in Indonesia. Provisions regarding Cybercrime are also regulated in international regulations without reducing the opportunity for each individual to continue to develop creativity in developing information technology. Law enforcement policies against cybercrime are carried out with a penal and non-penal approach. Seen from the point of view of criminal policy, efforts to overcome cybercrime certainly cannot be done partially with criminal law (penal), but must also be taken with an integral/systemic approach as well as a preventive approach (non-penal). Keywords : Policy; Law enforcement; Cybercrime; Proof; National Criminal Law System

Sign in / Sign up

Export Citation Format

Share Document