Features of the Procedure for Bringing Minors to Administrative Responsibility

2020 ◽  
pp. 100-105
Author(s):  
N. E. Krasnova
Keyword(s):  
Comparative Analysis ◽  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Legal Status ◽  
Independent Basis ◽  
Administrative Punishment ◽  
Logical Method ◽  
Real Increase ◽  
A Minor ◽  
Administrative Responsibility

The topic discussed in the article is extremely relevant, since today systematic work is being carried out to reduce the growth of offenses and crimes of minors, as well as to increase the effectiveness of prevention and prevention of offenses committed by minors. The problems arising from juvenile delinquency are of particular concern to both society and the state, and the problem of administrative responsibility of minors has also worsened. The reason for this lies in the reform of the country’s current legislation governing the policy of determining the boundaries of responsibility of minors, also plays a certain role and the real increase in offenses committed by minors. The aim of the work is to investigate the peculiarities of bringing minors to administrative responsibility. In the process of writing the work, the formal-logical method, the method of comparative analysis, as well as the technicallegal method were used. In the process of consideration of the above-mentioned topic, the author revealed the content of bringing minors to administrative responsibility, as well as the concept and conditions of bringing minors to administrative responsibility, investigated the age of a minor, determining his administrative and legal status, and also gave a characteristic of administrative responsibility applied to juvenile offenders. It was concluded that the expediency of administrative punishment arises when the persons recognized by the relevant authority guilty of committing an offense and guilty of committing an offense. The person and age enter thus as the independent basis of application of measures of administrative punishment.

scholarly journals On the complex substantiation of the typology of juvenile delinquents: criminological and psychological aspect

2021 ◽  
Vol 6 (2) ◽  
pp. 1-10
Author(s):  
Anton Dushkin ◽  
Yuriy Suslov ◽  
Galina Shibaeva
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Juvenile Delinquents ◽  
Criminal Behavior ◽  
Demographic Characteristics ◽  
The State ◽  
Psychological Characteristics ◽  
Research Priority ◽  
The Russian Federation ◽  
A Minor

The article is devoted to the problem of juvenile delinquency, which is relevant in the context of discussing interdisciplinary issues of its prevention based on the analysis of the characteristics of the state of crime in the Russian Federation from 2018 to 2020. The article presents the content of psychological and legal categories that characterize the personality of a minor criminal and the mechanisms of the formation of criminal behavior. Special attention is paid to the description of the factors and conditions that contribute to the commission of crimes by minors, including repeated ones. On the example of specific classifications and typologies, the state of knowledge of the problem of studying the personality of a minor offender and a convicted person, as well as their psychological characteristics, is analyzed. The article describes the contribution of individual domestic and foreign scientists who proposed variants of classifications and typologies of juvenile delinquents. The study found that a significant number of classifications and typologies of juvenile offenders often take as the basis of its system of one or more characteristics, research which largely depends on the scientific interests of the authors. Based on the generalized scientific and empirical data on the psychological, criminological, socio-demographic characteristics of minors who have committed crimes, an attempt is made to typologize the designated group. As a result of the conducted research, priority areas of psychological and pedagogical work with minors in order to prevent crime were identified.

scholarly journals SOCIOLOGICAL METHODS OF RESEARCH OF JUVENILE DELINQUENCY

2021 ◽  
Vol 3 (50) ◽  
Author(s):  
Valentyna Davidyvna Vodnik ◽  
Galina Pavlovna Klimova ◽  
Iryna Valeriivna Pidkurkova
Keyword(s):  
Juvenile Delinquency ◽  
Juvenile Offenders ◽  
Empirical Study ◽  
Personal Qualities ◽  
A Minor

This paper discusses some General issues of organizing and conducting an empirical study of juvenile delinquency. Special attention is paid to the methodology of research of the problem related to the personality and career of a minor criminal. In particular, the authors consider the peculiarities of using sociological methods to find out the personal qualities of juvenile offenders and the reasons that led to their committing offenses and crimes.

scholarly journals A COMPARATIVE ANALYSIS OF THE INSTITUTION OF CRIMINAL LIABILITY OF MINORS WITH FOREIGN COUNTERPARTS

2020 ◽  
pp. 31-37
Author(s):  
A.P. Detkov ◽  
E.P. Safonova
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Criminal Liability ◽  
Cis Countries ◽  
A Minor ◽  
Criminal Legislation

In the criminal legislation of any state, the legal status of a minor includes many specific features. Thearticle provides a brief analysis of the institution of criminal liability of minors using the example of the EAEUmember countries and non-CIS countries.

scholarly journals ADMINISTRATIVE LIABILITY OF LEGAL ENTITIES FOR VIOLATION OF ANTITRUST LAW IN RUSSIA

2017 ◽  
pp. 13-16
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev
Keyword(s):  
Comparative Analysis ◽  
Public Relations ◽  
Criminal Liability ◽  
Unfair Competition ◽  
Scientific Methods ◽  
Fair Competition ◽  
Legislative Regulation ◽  
Logical Method ◽  
Antitrust Legislation ◽  
Administrative Responsibility

The article raises questions of legislative regulation of public relations in the sphere of counteracting unfair competition. The legislative toolkit that is used in Russia to regulate the responsibility for such acts is outlined. The main emphasis is on administrative responsibility. Particular current interest of these questions is also presented because the current Russian legislation on this issue is quite new. The purpose of this article is to study the antitrust legislation of Russia in terms of administrative responsibility. The features of legislative regulation in this sphere is identified. There is a comparison of administrative and criminal impact on persons violating the rules of fair competition, not only with regard to liability and prevention of such offenses, but also in relation to issues of compensation for harm caused by such offenses. The article also conducts a comparative analysis of the definitions and the degree of responsibility for various violations in this area. It compares administrative and criminal influence on persons who violated rules of fair competition not only in terms of liability, but also in the prevention of such offenses. The paper carries out the comparative analysis of the definitions and the responsibility for various violations in this sphere. For preparation of the article a set of general scientific and private scientific methods of cognition is used: the dialectical method, the method of analysis and synthesis, the logical method, the method of comparative law, sociological, historical, formal-logical and other scientific methods. The base is not only legislation, but also decisions of the High Courts. In the results of the research the author comes to a conclusion about the necessity to improve legislation in the sphere of counteracting unfair competition, in particular in the direction of introduction into the Russian legislation institute a criminal liability of legal entity, the development of the concept of the penetration into a corporate veil in public law, including also the purpose to create such conditions under which compensation for damage caused by actions that violate the antitrust laws is equally inescapable just like the punishment for similar offense.

scholarly journals A State of Administrative Punishment

Lex Russica ◽  
2021 ◽  
pp. 44-53
Author(s):  
N. A. Morozova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Legal Status ◽  
The State ◽  
Negative Consequences ◽  
Administrative Punishment ◽  
The Russian Federation ◽  
One Year ◽  
Severe Punishment ◽  
Administrative Responsibility

The paper analyzes the negative legal consequences associated with the fact of bringing to administrative responsibility and circumstances occurring after the end of the execution of the sentence. These consequences are established not only by the Code of Administrative Offenses of the Russian Federation, but also by many other laws. They differ among themselves in the content and duration of the periods during which they arise and continue. Based on this, the author concludes that it is necessary to introduce a concept similar to the concept of "conviction" in criminal law into the legislation on administrative offenses, and talk about the "state of administrative punishment" that should be understood as a special legal status of a person brought to administrative responsibility, characterized by the possibility of the imposition of a more severe punishment in the event of a repeated offense and the application of other negative measures. Under the Code of Administrative Offences of the Russian Federation, the term of administrative punishment is one year, i.e. any negative consequences of being brought to administrative responsibility can take place within a year after the end of the execution of the sentence, including the possibility of imposing a more severe punishment for the repeated offense, recording the information about the facts of bringing to responsibility during employment, disseminating information about the fact of committing an offense. After the expiry of the term of administrative punishment, the person should be considered not previously brought to administrative responsibility. After that term no negative consequences associated with this fact can take place. As in criminal law, the term of administrative punishment can differentiate depending on the gravety of the offense or the type of punishment imposed. The mechanism is provided for the early termination of the state of administrative punishment.

scholarly journals SCIENTIFIC VIEW ON THE PROBLEMS OF ADMINISTRATIVE RESPONSIBILITYOF MINORS IN UKRAINE

2021 ◽  
Vol 117 (4) ◽  
pp. 107-119
Author(s):  
DUBINA Oleh
Keyword(s):  
Juvenile Offenders ◽  
Legal Status ◽  
Criminal Liability ◽  
Scientific Understanding ◽  
Rights Of The Child ◽  
Minimum Age ◽  
Judicial Proceedings ◽  
General Scientific ◽  
State Of Research ◽  
Administrative Responsibility

Background. The choice of the subject of the article is dictated by the need to clarify the state of research of the problems of the institute of responsibility of minors in administrative and legal science and their systematization. The aim of the article is to identify and systematize the main areas of scientific understanding and solving problems of administrative liability of minors in our country. Materials and methods. The empirical basis of the study were legal acts of Ukrainian legislation, scientific works of other authors in the field of administrative law. Thanks to a combination of general scientific and special methods of cognition it was possible to process the specified empirical material and to receive own scientific conclusions. Results. The article is based on the analysis of existing Ukrainian research on the peculiarities of the administrative responsibility of minors. It is emphasized that this category of persons falls under the characteristics of the so-called special subjects of administrative misconduct, which should affect their legal status as participants in proceedings on administrative offenses. It is proved that the peculiarities of bringing minors to justice, within the institution of administrative responsibility can be considered as a special «sub-institution of law». Conclusion. According to the results of the study, the main directions of scientific understanding and solving the problems of administrative responsibility of minors in our country are identified and systematized, such as: 1) review and determination of the optimal minimum age of administrative responsibility; 2) increasing the effectiveness of educational measures, the application of which to juvenile offenders provides for legislation on administrative liability; 3) improving the procedure of judicial proceedings in terms of bringing minors to justice for committing administrative offenses; 4) protection of the rights of minors prosecuted for committing administrative offenses; 5) reforming the procedure for responding to socially dangerous acts committed by children before they reach the age from which criminal liability arises. Keywords: administrative liability, liability of minors, protection of the rights of the child, minor, proceedings in cases of administrative offenses.

Persona inferna – a mask from hell. The Pretender in Pushkin’s tragedy Boris Godunov

2020 ◽  
Vol 1 (1) ◽  
pp. 37-91
Author(s):  
B. A. Kurkin
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Historical Sources ◽  
Boris Godunov

The author interprets the Pretender in Pushkin’s Boris Godunov as an infernal figure rather than an example of an unsophisticated yet talented and ambitious adventurer. Comparative analysis of 17th-c. Russian historical sources and the tragedy reveals that, in his depiction of the Pretender, Pushkin relied on hagiographies, chronicles, and reminiscences of people with first-hand knowledge, rather than N. Karamzin’s work. The paper examines the qualities attributed to the Pretender by other characters in the tragedy: they concern his personality, official and canonical legal status. The author stresses that the attributions are unbiased reflections on the Pretender’s actions. To this end, the researcher analyses the meaning and significance of the terms ‘rasstriga’ (‘runaway monk’), ‘samozvanets’ (‘pretender’), ‘eretic’ (‘heretic’), ‘postrel’ (‘scamp’), ‘sosud diavolskiy’ (‘vessel of evil’), and ‘vragougodnik’ (‘devil’s accomplice’) in their meanings from the 17th c. and up until Pushkin’s lifetime. Viewed from this angle, the Pushkinian character is presented as a menacing figure hell-bent on getting a Faustian bargain.

THE ISSUE OF MINORS’S GUARDIANSHIP SENTENCED TO IMPRISONMENT

2020 ◽  
pp. 33-37
Author(s):  
Ирина Викторовна Евстафьева
Keyword(s):  
Juvenile Offenders ◽  
Legal Status ◽  
Careful Consideration ◽  
Point Of View ◽  
Sufficient Detail ◽  
Domestic Legislation ◽  
The Status ◽  
Correct Understanding ◽  
The Given

В статье исследуются вопросы попечительства в отношении несовершеннолетних, отбывающих наказание в виде лишения свободы. Проблема, поднимаемая автором настоящей статьи, многогранна, касается различных аспектов отбывания наказания несовершеннолетними в воспитательных колониях и требует комплексного исследования, способного ответить на определенно значимый вопрос: является ли колония законным представителем находящихся в ней несовершеннолетних со всеми вытекающими из статуса законных представителей последствиями. При этом необходимо обращать внимание на специфику правового статуса лиц, отбывающих наказание в воспитательных колониях, которые, во-первых, являются несовершеннолетними, то есть не обладают дееспособностью в полном объеме и нуждаются в особой заботе, защите и представительстве, а во-вторых, осуждены за совершение тяжкого или особо тяжкого преступления, влекущего изоляцию от общества и определенные ограничения и лишения. Отечественное законодательство достаточно детально регламентирует особенности режима отбывания наказания в виде лишения свободы несовершеннолетними, не определяя при этом статуса воспитательных колоний, кем они являются: воспитателями, попечителями или исключительно учреждениями исполнения наказаний. Между тем правильное понимание значения и роли воспитательной колонии в жизни находящихся в ней несовершеннолетних преступников, по мнению автора, поможет избежать ряда проблем, объективно складывающихся в учреждениях подобного рода. С этой точки зрения предлагаемая тема представляет интерес не только для ученых-теоретиков, но и для практиков - сотрудников соответствующих учреждений. Особо следует подчеркнуть, что исследований по данной тематике в специальной литературе нет. Отдельные исследования, встречающиеся в современной литературе, касаются исключительно общего гражданско-правового статуса несовершеннолетних осужденных. Однако это обстоятельство может свидетельствовать только о новизне данной темы, но никак не об отсутствии самой проблемы. The article analyzes the issues of the status of educational colonies as guardians of minors serving a sentence of imprisonment. In fact, the problem raised by the author of this article is multifaceted, concerns various aspects of the serving of punishment by minors in educational colonies and requires a comprehensive study that can answer, it seems, a definitely significant question: whether the colony is the legal representative of the minors in it with all the consequences arising from the status of legal representatives in the form of duties and responsibilities. At the same time, it seems, it is necessary to pay attention to the specifics of the legal status of citizens serving sentences in educational colonies, who, firstly, are minors, i.e. do not have full legal capacity and need special care, protection and representation, and, secondly, are convicted of committing a serious or particularly serious crime, entailing isolation from society and certain restrictions and deprivation. Domestic legislation regulates in sufficient detail the peculiarities of the regime of serving sentences in the form of deprivation of liberty by minors, without determining the status of educational colonies. Who are they: educators, Trustees or only institutions of execution of punishments. Meanwhile, the correct understanding of the importance and role of the educational colony in the life of juvenile offenders in it, according to the author, will help to avoid a number of problems that objectively develop in institutions of this kind. From this point of view, the proposed topic is of interest not only for theoretical scientists, but for practitioners-employees of relevant institutions. It should be emphasized that there are no studies on this subject in the special literature. However, this circumstance can testify only about novelty of the given subject, but in any way about absence of the problem. It seems that the relevance and importance of a problem is not always measured by the number of studies devoted to it. Sometimes these its traits are manifest only under particularly careful consideration.

Ensuring the rights of refugees in case of bringing administrative responsibility as a guarantee of realization of their legal status in Ukraine

2021 ◽  
pp. 56-62
Author(s):  
Valeriia Golub
Keyword(s):  
Social Relations ◽  
Legal Status ◽  
The State ◽  
Main Body ◽  
Legal Norms ◽  
State Institutions ◽  
Legal Documents ◽  
Administrative Legislation ◽  
Political Persecution ◽  
Administrative Responsibility

Problem setting. One of the important factors that play a key role in the observance of human rights and freedoms, including such categories of foreign citizens and stateless persons as refugees in case of administrative prosecution - is the functioning of state institutions to guarantee these rights, the use of all. The decisive place in this problem belongs to the activities of the state of Ukraine, which in connection with the formation of social relations related to the stay of refugees on its territory, protection of this category of persons from political persecution , should ensure the adoption of relevant legal acts aimed primarily at the protection of rights and freedoms. administrative penalty. As a result, there are real risks of violating the rights and freedoms of the person to whom these penalties apply. Analysis of recent researches and publications. Problems of protection of rights and freedoms of refugees in case of bringing them to administrative responsibility were devoted to the work of such scientists as: V. Averyanov, O. Bandurka, O. Bezpalova, Yu. Bityak, O. Dzhafarova, A. Komzyuk, V. Komzyuk, D. Lukyanets, O. Muzychuk, D. Priymachenko, O.S. Pronevich ect. The purpose of the article is to investigate and analyze the importance of ensuring the rights of refugees in case of bringing them to administrative responsibility, to consider this issue as one of the guarantees of legal status of refugees in Ukraine. Article’s main body. The article considers the issue of observance of the rights and freedoms of this category of foreign citizens and stateless persons as refugees in case of committing offenses and bringing them to administrative responsibility. The issue of ensuring both international legal acts approved by the Verkhovna Rada of Ukraine and legal documents on behalf of the state of Ukraine gives grounds to believe that in case of involvement of this category of persons (if they are in Ukraine legally) to administrative responsibility, they have the same rights as citizens of Ukraine. Conclusions. The peculiarities of the relevant provisions of the administrative legislation of Ukraine on the peculiarities of bringing foreign citizens and stateless persons, including refugees to administrative responsibility, are analyzed. The significance of the ratio of observance of the rights and freedoms of refugees in case of bringing to administrative responsibility and necessity of non-alternative fulfillment of requirements of legal norms of the current administrative legislation of Ukraine is determined.

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