scholarly journals Characteristics of the categories «involvement» and «organization» in extremist crimes

2021 ◽  
Vol 2021 (4) ◽  
pp. 95-101
Author(s):  
Aleksander Travnikov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Modern Society ◽  
Religious Studies ◽  
Successful Development ◽  
Important Improvement ◽  
Wide Range ◽  
Objective Basis ◽  
Improvement Of Legislation

Extremist crimes in modern society pose a serious threat to its further successful development. It is at this point of our development when the danger of this type of crimes is extremely high due to a wide range of factors on an objective basis. However, along with the demand for the study of extremism as a phenomenon from the perspective of philosophy, sociology, religious studies, etc., the dogmatic approach is equally important. Improvement of legislation in the indicated direction acts as a prerequisite for increasing the effectiveness of the fight against extremist manifestations of the radically minded part of society. In this regard, it is essential to define the categories «involvement» and «organization» as crucial in the elements of the crimes, which provide for criminal liability for the crimes of this group. The lack of clarity of both terms directly in the text of the criminal law entailed uncertainty in the emerging judicial and investigative practice, which increasingly begins to assume the regional. One of the ways to overcome this tendency might be the analysis of specific decisions made by the law enforcement officer and the development of concrete recommendations on this basis.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

scholarly journals CRIMINAL LAW AND CRIMINALISTICS PROBLEMS OF LAW ENFORCEMENT AGENCIES ACTIVITY IN ARCTIC REGION

2019 ◽  
Vol 23 (2) ◽  
pp. 244-263
Author(s):  
Lev V. Bertovsky ◽  
Lev R. Klebanov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Arctic Region ◽  
Russian Arctic ◽  
Law Enforcement Agencies ◽  
Local Fauna ◽  
Successful Development ◽  
Arctic Conditions ◽  
Sparse Population ◽  
Special Factors

The actual problems of criminal law and criminalistics with which law enforcement agencies in Arctic have been facing are concerned in the present article. Successful development of Arctic region demands struggling against criminality affected by special climate, geographic, ethnic, social, legal and another factors. These circumstances roughly embarrass the combating with criminality in Arctic, taking into account sparse population of the region, remote location of communities from organs of state power, ingenious people alcohol abusing, negative affecting of harsh arctic conditions on mental health of inhabiting person. Being one of the richest recourse region all over the world, Arctic has becoming the stage of competition between arctic states. Upkeeping of order on Russian arctic territory is very important aim under these circumstances. In the article legal regiment of Arctic is concerned and characteristic of Arctic social and economy situation is given. The authors demonstrate structure of Arctic criminality and crimes committed on this territory are analyzed. Special attention is centered on analyzing of ecological crimes committed in Arctic taking into account wealthy of local fauna and environment. The problems of law enforcement criminalistics providing also are attentively analyzed, for example, issues of criminalistics methodic for crime investigation, usage of the new technic tools and devises of criminalistics, interconnection between investigators and detectives. Such interconnection is embarrassed by remote locations islands from mainland. The article is grounded on extensive materials from empiric, scientific and law origins related to criminality existing in the different Arctic countries (USA, Canada, Russia, Scandinavian states). This article is the first one discussing various problems of combatting criminality in Arctic region. In the process of preparing the article authors have come to conclusion that Arctic crimes there committed poses special sort of criminality - “frozen” criminality. Such sort provided by special factors must be explored in the future in order to get success while combating the criminality in Arctic.

scholarly journals Formulation Policy Regarding the Smuggling of Lobster Seeds in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 37
Author(s):  
Ayu Izza Elvany
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Problem ◽  
Legal Research ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Penal Policy ◽  
Illegal Fishing ◽  
Corporate Criminal Liability

This paper analyzes how formulation policy of lobster seeds smuggling regulated in Indonesian law to optimize the effectiveness of illegal fishing enforcement, considering penal policy is the basis of criminal law operationalization. This research uses both statute approach and conceptual approach as legal research methods to analyze the issued legal problem. Fishery law in Indonesia regulated in Law No. 45 of 2009 amending Law No. 31 of 2004 concerning Fishery, especially Articles 88 and 16 paragraph (1) which cover the formulation policy of lobster seeds smuggling enforcement. This study will be analyzed into three aspects which are the conduct (the criminal offense), criminal liability, and sentencing system. The result shows that law enforcement regarding the smuggling of lobster seeds in Indonesia is ineffective due to the nonexistence of corporate criminal liability in the fishery law and its sentencing system is lack of both the specific minimum penalty regulation and the penal measures as criminal punishment. However, the draft of the fishery law has already set corporate criminal liability; hence it also regulates the penal measures, in the form of secondary sanctions. Nevertheless, instead of enacting the specific minimum penalty, the draft only determined the maximum penalty as well. Keywords: Formulation Policy, Fishery Law, Lobster Seeds Smuggling.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals Formulating Criminal Liabilities Regarding Online Prostitution

Lentera Hukum ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 427
Author(s):  
Trio Angga Laksana ◽  
Y.A. Triana Ohoiwutun ◽  
Fanny Tanuwijaya
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Common Term ◽  
Similarities And Differences ◽  
Principle Of Legality

This study aims to obtain similarities and differences regarding legal formulation in online prostitution. Hitherto, prostitution has remained to exist in Indonesian society. In context, the existing perpetrators of prostitution do not peddle conventionally but also virtually, in which online prostitution that gradually increases is a common term that refers to this phenomenon. The current law enforcement against perpetrators of online prostitution performs as the consequence of the national law in which national laws have yet remained to accommodate in criminalizing perpetrators of online prostitution. The criminalization of perpetrators in online prostitution may contrast with the principle of legality so that national laws should accommodate perpetrators of online prostitution regarding their criminal liability. In particular, these national laws should address whether to prohibit the attitude that proliferates online prostitution so that perpetrators of online prostitution should be accountable for their crimes. Henceforth, this measure intends to avoid the overlap of the principle of legality in criminal law. Keywords: Online Prostitution, Criminal Liabilities, Principle of Legality.

Criminal law measures to combat provocation of crimes and falsification of criminals

2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Actual Problem ◽  
The Individual

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

scholarly journals Criminal Enforcement Law Policy for Corporate

2019 ◽  
Vol 35 (2) ◽  
Author(s):  
Dinh Thi Mai
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Liability ◽  
Enforcement Policy ◽  
Corporate Criminal Liability ◽  
Enforcement Policies ◽  
Legal Entities

Corporate criminal liability remain a very new issue for Vietnam's criminal justice background. Criminal judgment execution and criminal enforcement policy for corporate in Vietnam are still in the process of formulating and forming policies. Therefore, in this article, we study and discuss four factors that are considered the main pillars of criminal law enforcement policies for criminal, including: (1) Impact object of criminal law enforcement policy on corporate; (2) Object of criminal law enforcement policy for corporate; (3) Subjects of criminal law enforcement policies for corporate legal entities; (4) Forms and measures of criminal law enforcement policy for corporate. Keywords: Criminal law enforcement policy; corporate criminal; impact object; object; subject; form and measure of policy. References: Đỗ Đức Hồng Hà (2019). Nhận diện pháp nhân thương mại trong Luật Thi hành án hình sự (sửa đổi). Hội thảo khoa học về Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[2] Đinh Thị Mai (2019). Các yếu tố tác động tới chính sách pháp luật thi hành án hình sự đối với pháp nhân thương mại phạm tội. Hội thảo khoa học Chính sách pháp luật thi hành án hình sự: Những vấn đề lý luận và thực tiễn cấp bách, Học viện Khoa học xã hội, tháng 4 năm 2019.[3] Ngô Đức Minh (2019). Trình tự, thủ tục thi hành án và các biện pháp bảo đảm thi hành án cấm kinh doanh, cấm hoạt động trong một số lĩnh vực đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[4] Đậu Anh Tuấn (2019). Cơ quan quản lý nhà nước lĩnh vực hoạt động của pháp nhân thương mại và xác định trách nhiệm của cơ quan quản lý nhà nước trong thi hành án đối với pháp nhân thương mại. Phiên tọa đàm về thi hành án hình sự đối với pháp nhân thương mại, ngày 28/2-01/3/2019, Ủy ban tư pháp của Quốc hội.[5] Quốc hội (2015). Bộ luật Dân sự năm 2015.[6] Quốc hội (2014). Luật Doanh nghiệp năm 2014.[7] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Chứng khoán số 27/VBHN-VPQH ngày 18 tháng 12 năm 2013. [8] Văn phòng Quốc hội (2013). Văn bản hợp nhất Luật Kinh doanh bảo hiểm số 12/VBHN-VPQH ngày 23 tháng 7 năm 2013. [9] Văn phòng Quốc hội (2018). Văn bản hợp nhất Luật Đầu tư số 06/VBHN-VPQH ngày 29 tháng 6 năm 2018.  

scholarly journals PROBLEMS OF QUALIFICATION OF EXCITATION FOR HATEING OR ENMITY, AS ABA

2020 ◽  
pp. 35-40
Author(s):  
N.V. Tydykova
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Internet ◽  
The Supreme Court

The author analyzes the practice of applying this corpus delicti and notes two trends. The first is tounjustifiably expand the range of acts for which criminal liability arises. This practice does not find support inthe theory of criminal law and causes outrage in society. To overcome this problem, the Supreme Court gaveexplanations, according to which, for the imputation of the composition under consideration, it is necessaryto establish a number of circumstances, in addition to the fact of placing an image or text on the Internet. Thesecond trend of law enforcement practice unites cases of a more thoughtful approach, when a whole complexof circumstances is taken into account to solve the issue of the composition of the composition. Examples aregiven when, prior to the relevant clarifications of the Supreme Court in law enforcement practice, ideas wereexpressed about the need to analyze all the circumstances of the deed, in particular, the targeted orientationof the placement of materials. This led to the conclusion that the Supreme Court did not formulate new rules,but pointed to an approach that is the only true one in the light of the principle of subjective imputation.The author argues that not every dissemination of material can be recognized as aimed at inciting hatred orenmity from someone, or humiliating dignity. It is necessary, with the help of a number of signs, to determinewhich particular idea the person broadcast.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

Criminal-legal Mechanism of Counteraction of Insider Activity in the Stock Market

2019 ◽  
Vol 10 (3) ◽  
pp. 842
Author(s):  
K.A. MALYSHENKO ◽  
V.A. MALYSHENKO ◽  
E.S. BEKIROVA ◽  
S.N. BEKIROV ◽  
S.V. ARKHIPOVA ◽  
...  
Keyword(s):  
Stock Market ◽  
Criminal Law ◽  
Criminal Liability ◽  
Securities Market ◽  
Market Manipulation ◽  
Insider Information ◽  
Legal Method ◽  
Wide Range ◽  
The World ◽  
Law Regulation

Protecting the rights of stock market participants in the modern world is an important aspect of its functioning, ensuring the security of investments of participants and their property status. The misuse of insider information with the aim of obtaining certain benefits, and market manipulation are some of the most ambitious crimes that violate the rights of a wide range of people, and a direct threat to their material well-being. Insider trading involves trading transactions with securities, which is carried out by private individuals, holding information about the Issuer of the financial asset. In this work, we use methods of legal statistics that allow us to obtain quantitative data on the application of liability for violations of anti-insider Russian legislation. In addition, a comparative legal method is used to comparatively characterize measures to combat insider activity in the world. The purpose of the research is to identify the shortcomings of the modern criminal law mechanism for countering insider activity in the Russian securities market and develop measures to improve its effectiveness. The criminal law regulation of insider information in the world and domestic experience are analyzed. As a result of the study, a number of shortcomings inherent in this mechanism were identified. Thus, the study of foreign practice has shown that the existing measures in Russia to combat insiders in the securities market are not effective. This is due to many factors, the main of which are the imperfection of the legal framework, the lack of practical application of criminal penalties, their low effectiveness, the lack of specific penalties, etc. The article highlights the problems of administrative and criminal liability for market manipulation and illegal use of insider information. The article analyzes the criminal law regulation of mitigating liability for insider information in the world and domestic experience.Based on the analysis and comparison of Russian and international practices in the fight against insiders, conclusions are drawn about the need to adjust the domestic monitoring mechanism and improve criminal law methods to ensure its functioning.The article actualizes the problems of administrative and criminal liability for the manipulation of the market and the misuse of insider information.

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