scholarly journals Features of criminal liability of persons with mental anomalies: foreign experience

2021 ◽  
pp. 417-424
Author(s):  
Anna Landina
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
Foreign Experience ◽  
Legal Criterion ◽  
The Subject ◽  
Characteristic Features ◽  
Definition Of ◽  
Psychological Criterion ◽  
Criminal Legislation

Annotation: Despite the rather large number of works devoted to the study of the characteristic features of mental anomalies, which do not exclude criminal prosecution, the peculiarities of criminal prosecution of such persons, a number of insufficiently solved problems remain. In the criminal law of a number of countries, the liability of persons with mental anomalies has long been regulated within the institution of limited sanity. And in this aspect, the study of foreign experience in the legislative regulation of this institution is necessary. The purpose of the study is to study the rules of foreign criminal law, which determine the features of criminal liability of persons with mental anomalies, and compare them with the relevant rules of criminal law of Ukraine. Among the countries whose criminal law provides for limited sanity for persons with mental anomalies, there are two conditional approaches to the criminal liability of persons with mental anomalies (mental disorders) in accordance with the legal family: England-American and Romano-Germanic. In the vast majority of countries of the Romano-Germanic legal family, whose criminal law defines the specifics of the responsibility of persons with mental anomalies (limited sanity), criteria such as medical (mental anomaly or disorder) and psychological (lack of awareness and / or control of their actions). The criminal law of the England-American legal family does not have a clear definition of the concept, criteria and consequences of the state of limited sanity in the subject of the crime. The criminal legislation of Ukraine on determining the features of criminal liability of persons with mental anomalies in the form of their legislative definition corresponds to the legislation of the Romano-Germanic legal family. The legal criterion of limited sanity, which is defined in the theory of criminal law, should be called psychological, because it is an intellectual-volitional manifestation of behaviour, not legal. It may be legal to establish a medical and psychological criterion of limited sanity in the relevant norm with an emphasis on the criminal consequences that will have a mental anomaly on the criminal liability of such an entity.

scholarly journals Theft as damage and unlawful exemption —doctrinal and enforcement problems

2021 ◽  
Vol 7 (3) ◽  
pp. 72-82
Author(s):  
Vadim V. Khilyuta
Keyword(s):  
Civil Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Supreme Court ◽  
Illegal Acts ◽  
Characteristic Features ◽  
Objective Side ◽  
Criminal Legislation ◽  
Economic Crimes

Criminal law institutions and basic concepts are being reformatted. This work focuses on the objective signs of theft and the mode of activity - the seizure of someone elses property. The existing law enforcement practice and the current recommendations of the Plenum of the Supreme Court of the Russian Federation on the qualification of thefts are critically perceived. The article focuses on provisions of the general theory of criminal law on the classification of theft. This study aims to substantiate the need for correlation of objective signs of theft in relation to the expansion of the boundaries of the object of theft and the method of activity. During the study, traditional methods of the sociolegal and formal-dogmatic analysis were used: documentary, comparative-legal, analytical, systemic, and logical. On the basis of the results of the study, adjustments were made to understand the objective side of theft and expand the boundaries of the method of action. The seizure of other peoples property cannot characterize the mechanism of embezzlement and reflect all aspects of qualification. The prospect of identifying theft with the extraction (receipt) of property benefits carries the risk of erasing the boundaries between embezzlement and other economic crimes. The author proposes models for the development of criminal legislation to establish criminal liability for crimes against property (property crimes). To modify the object of theft, its purpose, and mode of activity, the author proposes to identify a new group of crimes (crimes against the circulation of objects of civil rights) that would cover illegal acts against property and compulsory relations. Further scientific study requires a detailed separation of embezzlement (as attacks on bodily goods), crimes against the circulation of civil rights (as attacks on non-bodily goods), and crimes in economic activity (as attacks on the procedure for performing operations in the economy), summarizing their characteristic features and designing new formulations of crimes in the property sphere.

scholarly journals Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research)

2020 ◽  
pp. 46-61
Author(s):  
Elena Yurishina
Keyword(s):  
Criminal Law ◽  
Judicial Discretion ◽  
Legal Research ◽  
Russian Science ◽  
Original Definition ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
Criminal Legislation ◽  
Spanish Legislation

  This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  

From the bureau of forced labor to the criminal-executive inspections

2019 ◽  
pp. 149-156
Author(s):  
Ольга Васильевна Коростылёва
Keyword(s):  
Criminal Law ◽  
Electronic Monitoring ◽  
Criminal Liability ◽  
100Th Anniversary ◽  
October Revolution ◽  
Forced Labor ◽  
History Of ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Character

В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals Subject Of A Crime Under French Criminal Legislation

2021 ◽  
Vol 03 (01) ◽  
pp. 63-68
Author(s):  
Khurshida Mirziyatovna Abzalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Entities

This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.

scholarly journals Problems of criminal law protection of the national security of the state against subversive acts

2021 ◽  
Vol 10 (44) ◽  
pp. 307-315
Author(s):  
Oleksiy Pasyeka ◽  
Ruslan Shekhavtsov ◽  
Oleh Marmura ◽  
Stepan Burda ◽  
Taras Lutskyi
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Criminal Offense ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

The purpose of the article is to study the main problematic aspects of the regulation of liability for sabotage in the legislation of Ukraine. The subject of the research is the problematic aspects of the regulation of criminal liability for sabotage under the laws of Ukraine. In order to obtain reliable results, a number of methods are applied: dialectical, formal-logical, hermeneutic, logical-semantic, statistical, comparative-legal, etc. The results of the conducted research: modern threats to the national security of any state require effective measures of counteraction, including the qualitative criminal legislation. The main shortcomings of the regulation of liability for sabotage under the laws of Ukraine are due to the imperfection of the components of this criminal offense, as well as the misinterpretation of its provisions by the enforcer. In addition, it is determined that one of the important problems of liability for such action is the parallel existence of a terrorist act in the criminal legislation of Ukraine, and the components of a terrorist act by its content and nature in most cases coincides with the components of sabotage. A number of changes and additions to the criminal legislation of Ukraine on elimination of the specified problems are proposed.

Object of the Crime as a Symbol in the Doctrine of the Composition of the Crime

2021 ◽  
Vol 8 (2) ◽  
pp. 61-70
Author(s):  
Natalya S. Goncharova
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Clear Definition ◽  
Legal Literature ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation ◽  
Further Development

The author attempts to determine the place of the object of the crime in the doctrine of the composition of the crime. They analyze the views of scientists available in legal literature at various historical stages in the development of Russian legislation pertaining to criminal acts. Pre-revolutionary criminal legislation did not distinguish between the objects and the subjects of the crime. At the beginning of the 20th century, Russian criminal law science began to realize the need to distinguish the objects of crimes from the subjects. Since 1953, in connection with liberalization, there has been a clear definition of the subject of crimes, depending on their composition. Further development of the doctrine of the subject of crimes is characterized by a wide variety of scientists views, which the author analyzes, combining them into two groups, depending on the location of the subject of the crime as part of the crime: 1) the subject of the crime is a sign of the objective side of the crime and does not depend in any way; 2) the subject of the crime is a sign of the object of the crime and is inextricably linked with it.

scholarly journals Category of guilt in criminal law: economic approach

2018 ◽  
Vol 2 (4) ◽  
pp. 98-105
Author(s):  
O. Bibik
Keyword(s):  
Risk Management ◽  
Criminal Law ◽  
Criminal Liability ◽  
Civil Law ◽  
Economic Approach ◽  
Negative Consequences ◽  
Potential Offender ◽  
The Subject ◽  
The Right ◽  
Criminal Legislation

The subject of the paper is guilt as criminal legal category.The main aim of the paper is to confirm or disprove the hypothesis that there is a need for risk management in order to prevent crime.The description of methodology. The author uses economic approach and the theory of rational choice as well as the dialectic and formal-legal methodology.The main results and scope of their application. The greater the probability of socially dangerous consequences of actions, the greater the risk, the greater the degree of guilt of the subject and the degree of danger of the crime. In criminalization the risks should be optimally distributed between the state (installs criminal prohibitions) and the citizens (complying with those prohibitions), as well as between the potential offender and the victim. It is necessary to quantify the risk of socially dangerous consequences (for example, as a percentage) for each form of guilt. This will make it possible to streamline and develop forms of guilt, to correlate specific types of guilt with specific crimes in terms of the risks that the crime carries. New forms of guilt, in particular criminal ignorance, need to be introduced. Unlike negligence, which is difficult to control, ignorance, as well as competence, can be fully controlled. It is necessary to take into account the guilt of the victim, who by his behavior contributed to the crime. If the victim has not taken all precautions ( the more provoked the offender) - he must share the overall result, bear the risk of socially dangerous consequences. If there is a violation of the rules of conduct by the offender and the victim, the court should have the right to substantially mitigate the punishment or to refuse to apply it at all, taking into account the nature and extent of the violations committed by each party. For example, with regard to crimes of minor gravity when the victim provoking a crime, failure to take precautions should provide for mandatory exemption from criminal liability with compensation for harm in civil law. Premeditated intent seriously complicates the disclosure of crimes. This intent should be seen as a basis for more severe sanctions. The results of research may be used as the basis of correction of the criminal legislation.It is concluded that any form of guilt in any legal system is based on an assessment of the risks of negative consequences.

scholarly journals SANCTIONS FOR ILLEGAL CONDUCT WITH POISONOUS AND DRASTIC SUBSTANCES OR POISONOUS AND DRASTIC PHARMACEUTICAL DRUGS

2020 ◽  
pp. 109-118
Author(s):  
Maryna Bondarenko ◽  
Keyword(s):  
Criminal Law ◽  
Research Methodology ◽  
Criminal Liability ◽  
Criminal Code ◽  
General Concept ◽  
Pharmaceutical Drugs ◽  
Legal Sanction ◽  
Analysis And Synthesis ◽  
Definition Of ◽  
Criminal Legislation

The article is devoted to the investigation of criminal legal norm, namely, to one of its parts – sanction. In this aspect, a brief overview of general theoretical problems is made, their importance and prospects in further study for science and practice are shown. The aim of the article: to analyze the general concept of criminal legal sanction, to investigate the sanctions of norms provided by Art. 321 of the CC of Ukraine, to identify the shortcomings of their design and to suggest ways of their improvement. The research methodology: historical-legal, comparative-legal, logical ones, the method of analysis and synthesis. The definition of the concept of sanction is described, as well as what types of sanctions exist, which prevail in the norms of the law of Ukraine on criminal liability, etc. In addition, the peculiarities of the sanction design, in particular in comparison with foreign criminal legislation, and the existing shortcomings in the domestic criminal law are provided. In total, this provided an opportunity to analyze Art. 321 of the Criminal Code of Ukraine (hereinafter – the CC of Ukraine), and to formulate ways to improve it. The main results: to apply the experience of foreign criminal law, which provides the gradation of even each type of punishment, the use of arithmetic rules to increase and decrease the amount of punishment in case of existence of mitigating or aggravating circumstances, etc., at least for the most common crimes.

scholarly journals Criminal responsibility for public appeals to committing crimes against national safety in foreign legislation

2021 ◽  
pp. 403-410
Author(s):  
Vladyslav Kubalskyi
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Foreign Experience ◽  
Special Part ◽  
Criminal Legislation

The article is devoted to research of positions of foreign legislation, that envisage criminal responsibility for public appeals to committing crimes against national safety. Attention is accented on the problems of improving of legislation of Ukraine in this sphere. The suggestions of the Ukrainian scientists, related to improving of norms of Division І Special part of the Criminal code of Ukraine, that regulate responsibility for public appeals to committing crime against bases of national safety, are analyzed. The purpose of the article is to identify the main ways to improve the criminal legislation of Ukraine, which provides for liability for public appeals to commit crimes against national security, based on doctrinal approaches of domestic scholars and foreign experience of criminal liability for such crimes. In modern conditions, the problem of improving criminal law for public appeals to commit crimes against the foundations of national security of Ukraine, criminal liability for which is provided for in Part 2 of Art. 109 and Part 1 of Art. 110 of the Criminal code of Ukraine. Research on these issues without an analysis of foreign experience in this sphere seems to be extremely limited. It is proposed to supplement the Criminal сode of Ukraine with the article «Public appeals to actions aimed at harming the foundations of national security of Ukraine». The expediency of combining crimes, the responsibility for which is provided by Part 2 of Art. 109, part 1 of Art. 110, part 1 of Art. 2582, art. 295, art. 436, part 2 of Art. 442 of the Criminal Code of Ukraine, in one criminological group under the general name «public calls to commit crimes against national security».

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