Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

scholarly journals Criminal community: crimonological approach

2020 ◽  
Vol 4 (2) ◽  
pp. 109-116
Author(s):  
Margarita G. Kozlovskaya
Keyword(s):  
Criminal Group ◽  
Criminal Organization ◽  
Point Of View ◽  
Community Members ◽  
External Relations ◽  
The Hierarchical Structure ◽  
Internal Interaction ◽  
Scope Of Application ◽  
The Subject ◽  
The Moment

The subject of the research is the criminal community, its characteristics, and features within the framework of criminology. The purpose of the research is to confirm or disprove hypothesis that a criminal community as a criminological phenomenon is nor equal to a criminal organization or an organized criminal group Methodology. The author uses general theoretical methods (comparative analysis, generalization, deduction) and specific methods (formal legal interpretation of legal acts, questionnaires). The main results, scope of application. A criminal organization and a criminal community are different criminological phenomena that differ from each other in significant ways. The differences are both in the degree of criminal organization, and the complexity of the structure of internal and external interaction. From the point of view of a systematic approach, a criminal community is not only a more complex system compared to a criminal organization. It is characterized by an improved structure of internal interaction, in which the hierarchical structure is either complicated, or replaced or supplemented by a network structure. The peculiarity is to complement the system approach with a synergistic one: in the criminal community, the pooling of criminal efforts is carried out more effectively, mainly in the sphere of external relations. The criminal community is a more open system compared to the criminal organization. Certain features can be identified in the contacts of criminal community members with the external environment. The most important feature is a symbiosis of criminal and legal practices that affects the life of entire regions or relatively large masses of the population. The criminal community is a purposeful system with its own specifics. And this specificity is seen in the fact that the criminal community pursues (secretly or openly, at the moment or in the foreseeable future) the achievement of political goals, namely: the possession of power, infiltration into power, undermining power, its capture and retention. It is power, not wealth, that is the real goal of the criminal community, and not just because it is easily converted into wealth. Power is valuable in itself, because it also gives a lot of other advantages. Conclusions. A criminal community cannot be reduced to a criminal organization, much less – to an organized criminal group, and this conclusion requires to be included into legislation.

The Subject of a Crime Under Part 1 of Art. 282 of the Criminal Code of the Russian Federation

2021 ◽  
Vol 7 ◽  
pp. 87-92
Author(s):  
E. G. Bykova ◽  
◽  
A. A. Kazakov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Constitutional Court ◽  
Scientific Publications ◽  
Legal Method ◽  
The Subject ◽  
The Russian Federation ◽  
Administrative Code

The change in the disposition of Part 1 of Art. 282 of the Criminal Code of the Russian Federation led to questions from law enforcement officers about from what moment a person is considered to be held administratively liable and what to mean by the commission of a similar act. The article carries out a systematic legal analysis of the provisions of the Criminal Code of the Russian Federation and the Administrative Code of the Russian Federation, as well as the position of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation in order to formulate proposals for solving the indicated problems. The fundamental method was dialectical. The formal legal method was used in the study of regulations governing certain aspects of the legal assessment of unlawful acts that take into account administrative precedence. Using a comparative legal method, a distinction was made between situations where a person was ordered to be held administratively liable and an administrative penalty was imposed. Scientific publications on the subject were analyzed. It was concluded that the current version of Part 1 of Art. 282 of the Criminal Code of the Russian Federation, containing a formally indefinite legal category, raises the problem of calculating the one-year period during which a person can be prosecuted under this norm if there is an administrative precedence. In addition, it is justified that a «similar act» should be understood only as an administrative offense, responsibility for which is provided for in Art. 20.3.1 Administrative Code of the Russian Federation. The use of criminal law by analogy is unacceptable, therefore, it is proposed to amend the disposition of Part 1 of Art. 282 of the Criminal Code to eliminate the identified gap. The problem identified could be the basis for further scientific research. The practical significance is due to the fact that the positions formulated by the authors can be taken into account in the process of improving criminal law, when amending the relevant explanations of the highest court in this category of cases in order to form a unified practice of applying criminal law.

William IV of Orange and his English Marriage

1925 ◽  
Vol 8 ◽  
pp. 14-37 ◽  
Author(s):  
P. Geyl
Keyword(s):  
Eighteenth Century ◽  
Point Of View ◽  
European History ◽  
Considerable Time ◽  
Interesting Object ◽  
The Subject ◽  
The Republic ◽  
Object Of Study ◽  
Dutch History

I Am going to talk to you about a period of Dutch history which is very little known in England, and as in the eighteenth century Holland had hardly any contribution of her own to make to European history, it is not likely ever to become very popular. Yet, apart from the fact that even a process of decay may be an interesting object of study, it took statesmen both in Holland and outside a considerable time to realise that the great days of the Republic were over for good. Their finding out was a matter of importance from the point of view of the European, and particularly of the English, historian, and this will properly be the subject of my paper.

scholarly journals Problematyka prawa do grobu w kontekście dóbr osobistych

2019 ◽  
pp. 19-33
Author(s):  
Anna Chodorowska ◽  
Łukasz Szumkowski
Keyword(s):  
Criminal Code ◽  
Civil Code ◽  
Wide Field ◽  
The Past ◽  
Personal Rights ◽  
Human Individual ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
Living Person

The historical feature of the protection of corpses, as well as the development of funerary tendencies, is an integral part of the functioning of our civilization, from the very beginning of time. The approach to death depends on the cultural and denominational circle as well as time. Respect for the living and the dead was in the past a separate division of civilization and thought development. Nowadays, new trends can be observed in the development of the protection of the human individual, as well as his name or reverence. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. In modern Polish legislation, the open catalog of personal rights (Article 23 of the Civil Code) is a wide field of interpretation in the very problem of the existence of specific goods. Undoubtedly from the provision of art. 23 k.c, it follows that this protection is due to the live unit, and thus only until its death. At the moment when, according to the law, we cease to deal with a living person, and we start talking about corpses, certain rights are ceded to the closest persons, some are subject to inheritance. The right that people who are closest to someone’s death to cultivate this person according to their own conscience and religion and the contract between the entity authorized to burial and the cemetery management, as well as a number of related circumstances (on the drudge of several areas of law), will be called the right to the grave. The existence of the right to the grave belongs to arguable issues, as the liberty of the subject granting a certain sphere of possibility of proceedings, including its the scope of power. In the article, the Authors also discuss the issues related to the offense described in the art. 261 and 262 of the Polish Criminal Code. The dogmatic analysis carried out with regard to elements of a prohibited act has made it possible to establish, the scope of criminalization of these acts.

scholarly journals CRIMINAL-LEGAL AND CRIMINALISTIC MEASURES FOR COUNTERACTING CRIMINAL BANKRUPTCY IN THE REPUBLIC OF BELARUS

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
The Republic

The article analyzes the criminal law and criminalistic measures to combat crimes against economic solvency and bankruptcy procedures in the Republic of Belarus. (Articles 238 - 241 of the Criminal Code of the Republic of Belarus). The legal acts that determine the conditions and procedure for applying the institution of bankruptcy in the Republic of Belarus are analyzed. The legal acts are analyzed from the point of view of identifying information that has law and criminalistic significance. The features of the main investigative actions are considered.

scholarly journals THE PROBLEMS OF DEFINITION OF THE ABETTING IN THE COMISSION OF THE OFFENCES INVOLVING THREATS TO PUBLIC HEALTH (PART 1 OF ARTICLE 9 OF THE COUNCIL OF EUROPE CONVENTION ON THE COUNTERFEITING OF MEDICAL PRODUCTS AND SIMILAR CRIMES INVOLVING THREATS TO PUBLIC HEALTH)

2021 ◽  
Vol 74 (11) ◽  
pp. 2912-2915
Author(s):  
Pavlo S. Berzin ◽  
Ivan S. Demchenko ◽  
Anzhela B. Berzina
Keyword(s):  
Public Health ◽  
Criminal Code ◽  
Structural Method ◽  
Council Of Europe ◽  
Legal Method ◽  
Criminal Offenses ◽  
Adequate Understanding ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation

The aim: based on the features of the notion of “abetting the commission of crimes established in accordance with the Convention” provided for in Part 1 of Art. 9 of the Medicrime Convention, it is necessary to offer an adequate understanding of the notion of “abetting” and define the types of criminal offenses (crimes) that are the “subject” of such abetting. Materials and methods: the research is based on an analysis of the provisions of the Medicrime Convention and the criminal law of Ukraine. The following methods were used: dialectical method; hermeneutic method; systemic-and-structural method; and comparative-legal method. Results: at the legislative level, there is a problem of designating the relevant socio-legal phenomena with adequate concepts and interpretations of these concepts. In the current criminal legislation of Ukraine, there is no definition of the concept of “abetting”, which is used in Part 1 of Art. 9 of the Medicrime Convention. Therefore, in the implementation of the requirements provided for in Part 1 of Art. 9 of the Medicrime Convention, each Party takes the necessary legislative and other measures to recognize abetting in committing any crimes, established under this Convention, as a crime, therefore we should take into account the existence of two alternative ways to explain the meaning of “abetting”: 1) to recognize at the legislative level that “abetting” and “incitement” are synonyms, and therefore the meaning of the term “abetting” can be explained by using the term “inclination”; 2) to recognize at the legislative level that the concept of “abetting” has a meaning different from the concept of “incitement”, and covers not only “inclination”, but also “coercion”, “motivation” and “encouragement”. Conclusions: the main disadvantage of using the concept of “abetting” in the text of the Ukrainian translation of the Medicrime Convention is that without an independent explanation of this concept at the legislative level, its content should be determined depending on the meaning of the term “inciter” under Part 4 of Art. 27 of the Criminal Code of Ukraine), and means inciting a person to commit any of the crimes specified in the Medicrime Convention.

scholarly journals Corruption, the Challenge for Kosovo Institutions

2016 ◽  
Vol 1 (2) ◽  
pp. 204
Author(s):  
Reshat Maliqi
Keyword(s):  
Logical Consequence ◽  
Point Of View ◽  
Prevention Measures ◽  
Transparency International ◽  
Contemporary World ◽  
Security Issues ◽  
The Subject ◽  
The Republic ◽  
Countries In Transition ◽  
High Level

The subject as per work, corruption, the challenge for Kosovo institutions, is broadly and actual theme that covers the theoretical and practical treatment. The corruption, which has been described as using the public power for certain purposes, is a very complex subject. Stands for the characteristics of many societies and states and for the last couple of years it has been understood as in great form present phenomenon within the countries in transition, within those which are undeveloped as well as with developed ones, and stands for an obstacle for democracy implementation. From a systematically point of view, corruption has caused, and it continues to do so, many concerns in all countries on Earth, and especially in Kosovo. In accordance to Transparency International report, corruption is one of the biggest challenges of contemporary world. The aim of the importance of studying of this problem through this subject is identifying the scope, structure and dynamics of this phenomenon; to analyse overall impact of general factors. In accordance to identification of corruption problems, local and international reports with of high level of this kind of criminal act, among other areas as well as per security issues, corruption has been seen as serious wound for our society. The justification of this work is logical consequence of corruption phenomenon in the Republic of Kosovo. The reason, consequences and the fight against the corruption is always the subject of numerous researches and conversation between researches, politicians and other actors dealing with this problem, not leaving aside the segment of civil society. These problems stand for the subject of study of this work from my point of view with the purpose of sharing the overall concern due to this phenomenon. During this study many different methodologies will be used, as well as the methodology of analyses of cases of corruption, method of comparative analyses, comparative methodology and statistical method of creation and fight against the corruption in Kosovo from 2012 – 2104. For fight and suppression of corruption, the society and institutions in Kosovo, among the prevention measures, would have to implement so far reached measures in criminalistics in accordance to contemporary trends in secure management. The final aim of this work is practical use of its results and statistics in society’s efforts to prevent, to limit or to eliminate the corruption phenomenon in Kosovo

scholarly journals O sędziach pokoju w pracach Komisji Kodyfikacyjnej II Rzeczypospolitej Polskiej

2021 ◽  
Vol 20 (1) ◽  
pp. 253-280
Author(s):  
Mariusz Mohyluk ◽  
Keyword(s):  
Current Literature ◽  
Research Problem ◽  
Point Of View ◽  
Second Republic ◽  
Main Research ◽  
Legal Literature ◽  
Justices Of The Peace ◽  
The Subject ◽  
The Republic ◽  
The Government

The article presents work on the unification of the Polish judiciary in the Second Republic in the years 1918–1928. It was carried out in three tracks. The initiator of the first moves consisting in unification of district regulations, reorganisation and taking over the judiciary was the government and the Ministry of Justice. Since February 1919, these measures were supported and approved by the Legislative Sejm (later the Sejm). Since November 1919 the burden of work was taken over by the Codification Commission of the Republic of Poland. The aim of this article is to discuss the course of work on the law on the system of common courts within the Codification Committee of the Republic of Poland, with particular emphasis on the provisions on justices of the peace. From this point of view, it will help to solve the main research problem of the article: to what extent did the Polish Codification Commission contribute to shaping the institution of justices of the peace in the Ordinance of the President of the Republic of Poland on Law on the System of Judiciary of 6 February 1928. The article makes use of archival materials, protocols from the sessions of the Codification Commission of the Second Polish Republic, the legal literature of the Second Republic and the current literature on the subject.

scholarly journals ANALYSIS OF PERSONAL AUXILIARY FACILITIES ON THE SUBJECT OF THE READINESS TO CONDUCT BUSINESS ACTIVITIES

2021 ◽  
Vol 2 (71) ◽  
pp. 15-18
Author(s):  
G. Assanova ◽  
M. Saginbayeva ◽  
S. Aytkhozhin ◽  
D. Nurpeisov
Keyword(s):  
Goal Setting ◽  
Rural Areas ◽  
Point Of View ◽  
Poultry Meat ◽  
Small Scale ◽  
Meat Production ◽  
Ministry Of Education ◽  
Social Nature ◽  
The Subject ◽  
The Republic

This article is written based on the results of two years of research during the implementation of the Grant financing project of the Ministry of Education of the Republic of Kazakhstan No. AR08053217 "Development of a model for the effective functioning of personal subsidiary farms on the example of poultry meat production", 2020-2022. The basis of this article is the study of such form of farming in rural areas as personal subsidiary farms. The importance of private farming is actualized both in matters of a social nature in rural areas, and issues of sustainable development of entire sectors of the economy. The article clarifies the main socio-economic functions of personal subsidiary farms. The basics of motivation and goal-setting are considered in the direction of entrepreneurship. And in this regard, a model is given for increasing the business activity of personal subsidiary farms based on small-scale poultry meat production. The model is described from the point of view of the mechanisms of interaction of participants, and from the point of view of the organization.

scholarly journals Offense of organizing illegal migration: subject of the offense

2021 ◽  
pp. 136-143
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Material Object ◽  
Illegal Migration ◽  
Additional Protocol ◽  
The Status ◽  
The Subject ◽  
Migrants Rights ◽  
The Republic

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

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