Regulation of liability for offences committed with the use of electronic funds of payment in the legislation of the countries of Romano-Germanic of legal system

2020 ◽  
Vol 2020 (3) ◽  
pp. 98-105
Author(s):  
Elena Markova
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Commercial Banking ◽  
Banking Secrecy ◽  
Foreign Countries ◽  
The Law ◽  
The Baltic ◽  
Criminal Legislation ◽  
Important State ◽  
State Functions

The article is devoted to the study of the regulation of criminal liability for crimes committed using electronic means of payment related to cybercrime in the legislation of certain foreign countries of the Romano-Germanic legal family. The article notes that the Romano-German legal system is significantly distinguished from other families not only by the fact that it possesses, due to historical traditions, many characteristics of the law of ancient Roman jurisprudence, but also by the legal peculiarities of criminal legislation on cybercrime. The relevance of cybercrime, its differentiation based on the Convention on Crime in the Field of Computer Information (ETS No. 185) and the peculiarities of the criminal regulation of crimes committed using electronic means of payment in Sweden, France, Germany, Spain, Netherlands, China and the Baltic States are noted. It is pointed out that the issues of combating such crimes are of particular importance in all countries of the Romano-Germanic legal family. Despite differences in the position of legislators with regard to the criminalization of acts committed by electronic means of payment, in all countries attacks on property are considered as attacks on the foundations of the State, and protection against such attacks is one of the most important State functions. It is noted that the criminal codes of most States include rules on computer fraud, computer theft; Obtaining information constituting commercial and banking secrecy through improper access to computer information (commercial, banking espionage); Extortion using computer equipment. It is stated that the first step towards criminal law protection of computer information, development of criminal legislation to counter economic cybercrime was taken in Sweden in the Law on Computer Crimes (1973).

scholarly journals Specifics of criminal liability for a brutal and premeditated murder under the criminal legislation of some foreign countries

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Relevant Characteristic ◽  
Foreign Countries ◽  
Criminal Legislation

The article is dedicated to research on criminal liability for a brutal and premeditated murder under the criminal legislation of some foreign countries. It determines the principal trends in inflicting punishment for this type of an aggravated premeditated murder. It explains that the states of continental Europe and the countries of the Anglo-Saxon legal system have no common approach to incorporating a characteristic of a premeditated murder such as «extreme brutality» in their criminal legislations. It shows that the relevant characteristic is represented by a full scope of extreme brutality in the criminal laws of some states; other countries define just some aspects of extreme brutality; yet in a number of countries, extreme brutality is not defined as an aggravating circumstance of a murder at all. In other countries, although extreme brutality is not defined as a qualification, the elements of a crime are defined as a premeditated murder committed in a brutal way. Keywords: a premeditated murder, an aggravating circumstance, extreme brutality, criminal liability, foreign legislation, legal systems, punishment

scholarly journals ON THE ISSUE OF CRIMINALIZATION OF CRIMINAL ACTS RELATED TO THE SPREAD OF CORONAVIRUS INFECTION

2021 ◽  
Vol 31 (2) ◽  
pp. 243-250
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Federal Law ◽  
Sociological Study ◽  
False Information ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the issues of improving the Russian criminal legislation on toughening responsibility in the context of coronavirus infection. The author analyzes the effectiveness of measures to tighten criminal liability for violations of quarantine measures in order to counter the spread of coronavirus infection in foreign countries and presents proposals for improving Russian criminal legislation, taking into account the data of a sociological study conducted among citizens of the Russian Federation. In order to study the norms of criminal legislation introduced by Federal Law No. 100-FZ of 01.04.2020, on liability for the dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, examples of judicial practice are given. There is a promising tightening of legal liability in the context of the spread of coronavirus infection in Russia based on the experience of foreign countries.

scholarly journals PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA PEMBUNUHAN BERENCANA YANG DILAKUKAN OLEH ANAK (Studi Putusan Pengadilan Negeri Nomor 16/Pid.Sus-Anak/2016/PN.Cbn)

2020 ◽  
Vol 19 (2) ◽  
pp. 114-136
Author(s):  
Djesi Ariani
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Legal Protection ◽  
Court Decision ◽  
District Court ◽  
Human Being ◽  
Criminal Offenses ◽  
High Regard ◽  
The Law

AbstractChildren are a mandate from God Almighty which is inherent in their dignity as a whole human being. Every child has dignity and value that is worthy of high regard and every child born must have his/her rights without the child's request. The problems in this thesis are: the responsibility of children as perpetrators in criminal acts of premeditated murder in the Indonesian legal system, legal protection against children as perpetrators of criminal offenses planned in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn , the legal considerations of the judges against children as perpetrators of premeditated murder in District Court Decision Number 16 / Pid.Sus-Anak / 2016 / PN.Cbn.Legal Protection of Children in Criminal Acts Based on Law Number 11 Year 2012, from the results of the study, it is stated that children who are dealing with the law, including children as victims or children as perpetrators of crime, it is appropriate for children who are in conflict with the law to get legal protection both as the perpetrators or as the victims.Keywords: Criminal Liability, Planned Murder, Children

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals Criminal liability as a means of counteracting sanitary and epidemiological rule violations in a pandemic

2021 ◽  
Vol 118 ◽  
pp. 03010
Author(s):  
Andrey Vladimirovich Makarov ◽  
Larisa Vladimirovna Makogon ◽  
Oleg Vyacheslavovich Firsov ◽  
Aleksandra Sergeevna Zhukova
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Main Idea ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Federal Law ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.

scholarly journals New psychoactive substances as a modern threat agent to public health

2021 ◽  
pp. 61-69
Author(s):  
Vladimir Vasilevich Kukharuk
Keyword(s):  
Criminal Liability ◽  
New Psychoactive Substances ◽  
Psychoactive Substances ◽  
Legal Documents ◽  
Legal Method ◽  
Foreign Countries ◽  
Legislative Policy ◽  
Legal Concepts ◽  
Criminal Legislation ◽  
Different Content

Based on the international legal documents, this article presents an extensive description of the concept of new psychoactive substances (NPS), their quantitative and qualitative composition, and relevant classification. The data is provided on the level of illicit drug trafficking, as well as circulation and consequences of their use trough injection in the Russian Federation in relation to other countries. The author discloses the content of measures applied to control illegal trafficking of NPS and criminal liability in accordance with the legislation of foreign countries (peculiarities, differences, classification). Comparative legal method allows reviewing the provisions of the Russian legislation on prevention of illegal trafficking of the new potentially dangerous psychoactive substances. Attention is turned to the problem of the ineffective norms in the Russian criminal law; the approaches towards of its resolution and prevention are proposed. Analysis is conducted on the legislative policy of the use of generally recognized international legal concepts under an alias and with different content, as well as its impact upon the quality and development of criminal legislation.

scholarly journals Legal basis and prospects of development of mediation in the republic of Uzbekistan

2020 ◽  
Vol 1 (1/s) ◽  
pp. 292-297
Author(s):  
Sirojiddin Abduvoitov
Keyword(s):  
Legal System ◽  
Mediation Process ◽  
Legal Basis ◽  
Foreign Countries ◽  
Alternative Means ◽  
The Law ◽  
The Republic

In the article, the law of the Republic of Uzbekistan “on mediation” has been studied in order to create the necessary legal ground for the settlement of the dispute in the legal system of developed foreign countries without pre-trial, that is, the mediation process, which is aimed at the solution by alternative means, plays an important role in our country.

scholarly journals CRIMINAL LIABILITY FOR HUMANITARIAN CRIMES IN INTERNATIONAL LAW AND ITS REFLECTION IN RUSSIAN NATIONAL LEGISLATION

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 190-196
Author(s):  
V. A. Bugaev ◽  
A. V. Chaika
Keyword(s):  
International Law ◽  
Russian Federation ◽  
Criminal Liability ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
National Legislation ◽  
The Russian Federation ◽  
The Law ◽  
Criminal Legislation ◽  
The Relationship

The article discusses the problems of the relationship between international law in general and, in particular, international humanitarian law and the criminal legislation of the Russian Federation in determining responsibility for international humanitarian crimes. The analysis of the emergence of international humanitarian law, its fundamental principles and their reflection in the law of Russia and the Russian Federation.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

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