scholarly journals PECULIARITIES OF CRIMINAL LIABILITY REGLAMENTATION FOR COERCION TO MARRIAGE ACCORDING THE LEGISLATION OF EUROPEAN COUNTRIES

2019 ◽  
pp. 302-321
Author(s):  
I. V. Syngaivska ◽  
Keyword(s):  
Criminal Liability ◽  
European Countries

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

scholarly journals Statute of limitations under the penal law of Bulgaria

2021 ◽  
Author(s):  
Anton Tonev Girginov
Keyword(s):  
Criminal Liability ◽  
Legal Framework ◽  
Foreign Country ◽  
Penal Code ◽  
European Countries ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Steady Partner ◽  
Criminal Statute ◽  
Penal Law

Ukraine carries out intensive judicial cooperation in criminal matters with other European countries. A typical impediment to granting Ukrainian requests for such cooperation (e.g. extradition from another country, taking over Ukrainian criminal proceedings by the requested foreign country, recognition and enforcement of Ukrainian criminal judgments abroad) is the expiry of the time limitation period [lapse of time] not only under the Ukrainian law but also under the law of the foreign country that Ukraine requests for cooperation. The problem is that the criminal statute of limitations of most European countries is significantly different from the Ukrainian one. In view thereof, Ukrainian criminal lawyers are interested in having some general knowledge of the statute of limitations of other European countries, esp. such as Bulgaria. On the one hand, this foreign country has always been a steady partner of Ukraine in international judicial cooperation. On the other hand, the Bulgarian statute of limitations constitutes a good example of the different type of legal framework for lapse of time that requesting Ukrainian authorities shall necessarily consider.    All penal laws of the contemporary Bulgarian state contained some statute of limitations. These laws are the 1896 Penal Law (repealed), the 1951 Penal Law upgraded to the 1956 Penal Code, after the full codification of this branch of law in Bulgaria (also repealed), and the existing Penal Code of 1968.  The criminal statute of limitations outlines periods when competent state authorities have been inactive. The expiry of these periods (the lapse of time under law) extinguishes the immediate legal consequences of crimes or the punishments imposed by the court for them. In Bulgaria, the statute of limitations consists of substantive penal law provisions. This is a legislative recognition of its substantive nature. The concept that the criminal statute of limitation is a procedural legal institution has been overcome in Bulgarian theory, law and judicial practice. The statute of limitations produces procedural consequences also but they derive from its direct substantive law results as secondary effects. As in most other countries, the penal law of Bulgaria prescribes two types of limitation periods. The first one runs after the commission of the offence. It is also called 'limitation of the offence'; its expiry entails the extinction of the offender’s criminal liability preventing both the imposition of punishment on him/her and his/her conviction status as well.  The second type of limitation period occurs after the imposition of an executable punishment. It is also called 'limitation of the punishment'; its expiry entails the extinction of the punishment imposed only. It does not eliminate the fact that the offender has been convicted. Under the Bulgarian Penal Code, each of the two types of statute of limitations includes not only general time limitations but also absolute ones as well. The former is applicable when the competent state authorities have not undertaken required activities whereas the latter applies only if the competent state authorities have failed to achieve a required result, namely: the imposition of punishment on the offender or the execution of his/her punishment.

scholarly journals Some features of the criminal law regulation of liability for sexual abuse against children in some European countries

2020 ◽  
Vol 4 (4) ◽  
pp. 329-335
Author(s):  
Vadym Dyadichko
Keyword(s):  
Sexual Abuse ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
European Countries ◽  
Official Position ◽  
Depth Analysis ◽  
The Republic

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for sexual abuse of children by analyzing the latest changes and additions to the Criminal Code of some European countries. One such way is to criminalize such an act as "cybergrooming". The analysis of the relevant criminal law of the Kingdom of Belgium, the Republic of Bulgaria and the Kingdom of Spain has allowed to conclude that the approach of the legislator of the Republic of Bulgaria to the regulation of criminal liability for "cybergrooming" seems to be worth worth studying its practical application in order to determine the possibility of future borrowing by the domestic legislator. In addition, on the positive side, the Criminal Code of this state has criminal liability for lewd acts or sexual intercourse with a minor engaged in prostitution. The Criminal Code of the Kingdom of Spain deserves attention to the existence of a single rule (Article 183), which includes various manifestations of sexual violence against children. The author has noted that such an approach of the legislator of this state also requires a separate, more in-depth analysis for its possible borrowing by the domestic legislator. In addition, it is worth studying the issue of separate criminalization in the Criminal Code of Ukraine as sexual violence, sexual intercourse with persons aged sixteen to eighteen, committed with the use of influence on the victim in such ways as: fraud or abuse of trust, abuse of official position by an official.

CRIMINAL RESPONSIBILITY FOR CRIMES AGAINST INTELLECTUAL PROPERTY RIGHTS UNDER THE LEGISLATION OF EUROPEAN COUNTRIES

2019 ◽  
pp. 168
Author(s):  
Juna Kjakšta
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
European Countries ◽  
World Community ◽  
Positive Law ◽  
Legal Provisions ◽  
The World

The article is devoted to the issues of criminal law ensuring the protection of intellectual property in some European countries. The author explores the European legislation on responsibility for violation of intellectual rights. Special attention is paid to the structure of legal regulation of criminal liability for these offenses. Active integration of Latvia into the world community, joining the World Trade Organization, joining the relevant international agreements in this regard, forces the intellectual property protection issues to be oriented towards developed European countries. When looking for positive law enforcement practice, it is necessary to analyse national legal provisions that have a wealth of experience in combating intellectual property violations and are members of the TRIPS Agreement. In this context, it seems appropriate to refer to the legislation of other European countries that have a wealth of experience in dealing with encroachments on intellectual property.

On Introduction in Russia of the Institute of Criminal Liability for Legal Persons (Corporations)

2015 ◽  
Vol 3 (11) ◽  
pp. 0-0
Author(s):  
Илья Власов ◽  
Ilya Vlasov
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Strict Liability ◽  
Criminal Code ◽  
European Countries ◽  
Anglo Saxon ◽  
Constitutional Tribunal ◽  
The Law ◽  
Criminal Legislation ◽  
International Conventions

The number of European countries which have included into their national legislation the provision on criminal liability for legal persons (corporations) has been continuously growing. The following countries remain essential supporters of preserving criminal liability for individual guilt: Germany, Russia, Italy, and, may be, Poland, where after the adoption of the Law on Liability of Collective Entities for punishable offences, the Constitutional Tribunal in 1994 adopted the decision to consider this liability to be not criminal, but sui generis. Some Russian legal theorists were quick to support the tendency to recognize the practicability of introducing criminal liability for legal persons in spite of centuries-old traditions of liability for a personal guilt that is characteristic of the criminal law of the European continental countries. This can be explained by an excessive influence of the Anglo-Saxon common law countries, whose representatives went all out during the preparation of many international conventions to include into them the provisions that require establishing criminal liability for legal persons in national legislations of the European countries. But none of such conventions mentions the basis for criminal liability of legal persons. They fail to mention this fact, otherwise they would have to state that such liability suggests only strict liability. The author of the article tries to prove the irrelevancy of the above-mentioned type of liability in Russia with its rather effective administrative law and fairly solid provisions of the civil legislation which help to efficiently fight the damage incurred by legal persons (corporations) to different entities protected by the law. Introduction of the provisions on criminal liability for legal persons into the Russian criminal legislation touches upon the foundation on which all types of legal liability in this country are based on, as well as domestic centuries-old traditions, for it is not possible, without changing anything in the principal structure of the criminal responsibility, to simply include, without solid justification of the adopted changes, a new provision into the Criminal Code of the Russian Federation, in which only a range of criminal acts for which legal persons may be liable would be outlined, without indicating grounds for their criminal liability, in contrast with the grounds for the liability of physical persons.

scholarly journals Fight Against Doping: Experience of Ukraine and European States

2020 ◽  
Vol 9 (27) ◽  
pp. 34-41
Author(s):  
Oleg Reznik ◽  
Oleksandr Muzychuk ◽  
Nadiia Andriichenko ◽  
Yuliia Yakushchenko ◽  
Svitlana Korzh
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
European Countries ◽  
National Legislation ◽  
Unique Approach ◽  
Definition Of

The article deals with the study of the anti-doping experience of Ukraine and European countries. It considers a number of doctrinal and regulatory approaches to the understanding of doping and anti-doping rule violations and, accordingly, the importance of combating such phenomena. The article examines the provisions of international acts regulating the list of prohibited substances, doping testing, the application of sanctions for anti-doping rule violations, and formulates the conclusion on the need to improve the list of prohibited substances, which currently hinders the effectiveness of anti-doping measures. It focuses on the criminal law of Ukraine, Hungary, Estonia, Finland, Germany, Poland, Italy, and Spain, which provides for the criminal liability for doping, including its illegal production, trade, appointment, use, and forcing other persons to use it. The article describes the peculiarities of a unique approach to legal liability for doping in Austria and France, where the specified actions are regarded as fraud. The article establishes the necessity of introducing changes to Article 323 of the Criminal Code of Ukraine to improve the fight against doping in Ukraine and the expediency of harmonizing the provisions of the national legislation of Ukraine and European states with the international rules in terms of the definition of doping and the list of prohibited substances.

scholarly journals Measures to counter the COVID-19 pandemic and the permissibility of human rights restrictions

2021 ◽  
pp. 26-34
Author(s):  
Mariya Mendzhul
Keyword(s):  
Public Awareness ◽  
Criminal Liability ◽  
Risk Groups ◽  
Food Delivery ◽  
The State ◽  
European Countries ◽  
Medical Services ◽  
Specific Situation ◽  
Public Catering ◽  
The Right

Following the declaration of a pandemic caused by the SARS-CoV-2 virus, the EU and Ukraine have taken various measures to prevent infection and protect the health of citizens, including: mandatory obervation (most countries); introduction of the rules of responsibitity for violation of quarantine restrictions (usually administrative, but criminal liability is also possible); closure of educational and entertainment facilities, as well as public catering establishments (remote operation of educational facilities is allowed, as well as operation of public catering establishments with food delivery); obligation to wear masks; prohibition of movement of groups of persons; maximum transfer of employees to remote work; ban on operation of most companies (introduced by Italy and Spain); closing borders; curfew (introduced in Italy, Spain and Georgia); self-isolation of persons belonging to risk groups. Ukraine has implemented all these measures, except for curfew and closure of all enterprises. Implemented measures in most countries have restricted: freedom of movement and peaceful assembly of citizens; the right to private and family life; protection of personal data; freedom of religion (most European countries and Ukraine have banned services and other religious ceremonies with gatherings); the right to medical care (in many countries, citizens have limited access to non-life-saving medical services, including dental, preventive medical services, non-urgent operations, etc.) and others. In the context of the fight against the COVID-19 pandemic, states relied on various types of measures, which allowed us to distinguish three models: "hard" model (USA and most European countries and Ukraine); the "minimum intervention" model (introduced in South Korea); the "maximum public awareness" model (in Sweden). The question of the proportionality of measures taken by the state to counter the COVID-19 pandemic may be considered by the ECtHR regardless of whether the state has made a declaration of derogation, and the establishment of a violation of a particular right will depend on the specific situation in the country, scope and length of applied measures, as well as their feasibility and effectiveness.

scholarly journals Pacienta autonomijas un integritātes aizsardzība tiesību aktos

2020 ◽  
Vol 3 (18) ◽  
pp. 28-42
Author(s):  
Aldis Lieljuksis
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Criminal Law ◽  
Criminal Liability ◽  
Fundamental Rights ◽  
European Countries ◽  
Legal Norms ◽  
The Republic

Vairākās Eiropas valstīs – Polijā, Portugālē un Lihtenšteinā – paredzēta kriminālatbildība ne tikai par pacientam nodarītu kaitējumu veselības aprūpē, bet arī tad, ja ārstniecība veikta bez pacienta piekrišanas situācijās, kad tā bija nepieciešama, jo tādējādi ir prettiesiski aizskartas cilvēka pamattiesības. Pētījums veikts, lai noskaidrotu, kādās Latvijas Republikas Satversmes VIII nodaļas tiesību normās tiek garantēta personas autonomija un integritāte kā cilvēka pamattiesību neatņemama vērtība, kā arī ielasāma pacienta informētā piekrišana kā pacienta galvenais līdzeklis šo aizsargājamo interešu nodrošināšanā. Several European countries, for instance, Poland, Portugal and Liechtenstein, provide for criminal liability not only for harm to a patient in healthcare but also for treatment without the patient’s consent in situations where it was necessary because of an unlawful violation of fundamental rights. The study was conducted to find out which legal norms of Chapter VIII of the Satversme (the Constitution) of the Republic of Latvia guarantee autonomy and integrity of a person, as an integral value of fundamental human rights, as well as the patient’s informed consent as the patient’s main means of ensuring these protected interests. Whether the protection of these interests is sufficiently effective or should also be provided for in a separate provision of the Criminal Law will be clarified in another study.

scholarly journals A COMPARATIVE LEGAL ANALYSIS OF THE PROVISIONS CRIMINALIZING SEXUAL CRIMES IN RUSSIA AND SOME EUROPEAN COUNTRIES

2020 ◽  
pp. 54-58
Author(s):  
N.V. Tydykova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Telecommunication Networks ◽  
European Countries ◽  
Legal Analysis ◽  
Sexual Crimes ◽  
Official Position ◽  
Upper Limit ◽  
The Russian Federation

The article is devoted to a comparative legal study of the norms providing for criminal liability for sexualcrimes in the Russian Federation and some European countries. Some features of criminal liability for thisgroup of crimes in Spain, France, Israel, Norway, Sweden, Switzerland are investigated. It is noted that theapproach to differentiation for violent sexual crimes in different countries is different. Several qualifyingcircumstances were noted that could be borrowed to improve our legislation. These include: the commissionof the alleged assault, by a relative, relative or relative by virtue of adoption, or by any other person havingauthority over the victim; if the victim has come into contact with the perpetrator of criminal acts throughthe use of telecommunication networks; if the act is committed by several persons acting as performersor accomplices; using his official position. The rule that if two or more of the qualifying circumstances arepresent is assessed, the penalty is imposed closer to the upper limit of the sanction. It is proposed to carry out an additional analysis of the ban on disclosing the person’s name or any other data that may indicatethe person as a victim or as having lodged a complaint that he is a victim of a crime against sexual freedomor sexual integrity. Attention is also drawn to sanctions for the group of crimes under consideration. In theRussian criminal law they are more humane than in foreign countrie

scholarly journals Self-Study, Obtaining or Viewing Terrorist Material Over the Internet: A Legitimacy Test of Consumer-Oriented Criminal Law Provisions in Four Western-European Countries

2020 ◽  
Vol 28 (4) ◽  
pp. 379-406
Author(s):  
Stéphanie De Coensel
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Framework ◽  
European Countries ◽  
The Internet ◽  
Legal Analysis ◽  
The European Union ◽  
Self Study ◽  
Western European

Abstract The internet is a key source of information, communication and propaganda in the context of terrorism. Policymakers increasingly resort to measures that monitor, control and punish internet-related activity. One type of measures concerns the criminalisation of consumers of certain terrorist material over the internet, ranging from self-study over more specific autonomous provisions. This contribution aims to subject this criminal law approach to a legitimacy test, studying the minimum standards of the European Union, as well as the legal framework of four Western-European countries (i.e. Belgium, the Netherlands, France and the United Kingdom). This critical-legal analysis consists of a remote harm analysis, a human rights assessment and a necessity argument. It is argued that the expansion of the scope of criminal liability to a pre-crime era conflicts with certain premises of criminal law and human rights law.

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