scholarly journals Legislative textology as an integral part legislative technique

2021 ◽  
pp. 50-57
Author(s):  
Alexandra Sitnikova
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
Textual Interpretation ◽  
Scientific Organizations ◽  
Textual Approach ◽  
Legal Technology ◽  
Linguistic Approach ◽  
Technical Industry

The purpose of the work is to present scientific provisions that provide the theoretical basis of the legislative and textual approach to criminal law prescriptions. Methodology. The dialectical method of cognition in conjunction with instrumental scientific methods is used as a methodological basis for this study. Main results: 1) the technocentric orientation of representatives of various scientific organizations is based on a linguistic approach to law-making. The consequence of this is the identification of language and technical elements of legislative technology; 2) the new legislative-textual approach makes it possible to improve the quality of criminal law by developing optimal models of criminal-legal prescriptions, observing the compositional and graphic design of the normative text, identifying non-standard elements of crimes, as well as by developing rules for constructing notes, providing legislative-textual interpretation of prescriptions, and analyzing changes and additions to the text of the criminal code of the Russian Federation. Conclusion. Legislative textology is a promising direction of research regulatory requirements, builds on the achievements of the legal-technical industry knowledge, respond to unresolved legal technology issues of designing quality of the regulations allows a two-level interpretation of the regulatory text in the course of application of criminal law.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

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.

On the compliance of the provisions of Article 185.4 of the Criminal Code of the Russian Federation with the laws of corporate governance

2020 ◽  
pp. 503-514
Author(s):  
Nikolay Ryzhenkov
Keyword(s):  
Corporate Governance ◽  
Stock Market ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Systematic Analysis ◽  
Judicial Practice ◽  
The Russian Federation ◽  
Design And Application

Raiding, along with corruption, has long been one of the most pressing problems for domestic business. For incomprehensible reasons, in contrast to the corruption crimes, which received due attention from the legislator and legal scholars, crimes committed in the stock market, after their reckless introduction, have been deprived of attention for almost a decade. At the same time, the most dangerous methods of raider seizures currently do not fall under criminal law prohibitions at all, and the existing prohibitions, in turn, have such a low legal potential that leaving this problem without atten-tion raises serious concerns. We consider the design and application of Article 185.4 of the Criminal Code of the Russian Federation – Obstruction or illegal restriction of the rights of securities holders, intended to become the “flagship” of anti-raiding legislation. Through a systematic analysis of the prescriptions of the criminal law and a few judicial practice, we identify the low quality of criminal law prohibitions included in Article 185.4 of the Criminal Code of the Russian Federation, we establish and substantiate the impossibility of causing damage in the required amount, we prove the lack of practical need for the relevant norm, we formulate a proposal for its exclusion from the text of the criminal law in full.

scholarly journals Conditional early release from punishment: the interpretation of the terms of application

2021 ◽  
Vol 5 (2) ◽  
pp. 185-191
Author(s):  
A. O. Beketov ◽  
K. N. Karpov ◽  
E. V. Stebeneva
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Methods ◽  
Psychotropic Substances ◽  
Sufficient Degree ◽  
Scientific Results ◽  
The Moment ◽  
The Right ◽  
Narcotic Drugs

The subject of the research is the public relations governing the serving of the sentence by the convicted person and the exercise of the right to parole.The purpose of the article is to determine the content and formulate proposals for improving the criminal legislation and the practice of its application on the basis of established approaches to the interpretation of the conditions for the application of parole, provided for in Art. 79 of the Criminal Code of the Russian Federation. The hypothesis of the research is the legislative wording of the conditions for the application of parole, provided for by Russian Criminal Code (paragraph "g" of Part 3 of Art. 79) – “at least three-quarters of the sentence imposed for crimes against the sexual inviolability of minors, as well as for grave and especially grave crimes related to the illegal circulation of narcotic drugs, psychotropic substances and their precursors” – do not have a sufficient degree of specificity and does not allow to unambiguously determine the moment of emergence of the right to parole.The methodology. General scientific methods (analysis, synthesis, induction, deduction) as well as private scientific methods of criminal law research (formal-legal and linguistic interpretation of legal acts) – were used. The authors propose to correct the provisions of the Russian Criminal Code and to consolidate the content of the concepts used in the criminal law on the basis of the analysis of various normative legal acts, acts of judicial interpretation and provisions of the doctrine of criminal law.The main scientific results. During the analysis of the provisions of Part 3 of Art. 79 of the Russian Criminal Code, regulating the conditions for the application of parole, the authors reveal a number of inaccuracies in the provisions of the criminal law. Such inaccuracies do not allow to unambiguously determine the grounds for parole of persons who have com-mitted crimes against the sexual integrity of minors, as well as persons who have committed grave and especially grave crimes connected with the illegal circulation of narcotic drugs, psychotropic substances and their precursors. The content of the prescriptions of clause "g" of Part 3 of Art. 79 of the Russian Criminal Code does not have an exact legislative basis, and the interpretation given by the judicial authorities does not always allow us to exclude the uncertainty of the concepts used.Conclusions. The contradictions were identified by the authors related to the inaccuracy of the legislative prescriptions used in determining some conditions for the application of pa-role. The authors conclude the need to amend the criminal law and formulated proposals that clarify the wording of Art. 79 of the Russian Criminal Code. Such corrections will eliminate the duality of understanding of certain conditions of parole and increase the effectiveness of law enforcement practice in this area.

scholarly journals FEATURES OF CRIMINAL LIABILITY OF A MEDICAL PROFESSIONAL FOR FAILURE TO PERFORM OR IMPROPER PERFORMANCE OF THEIR PROFESSIONAL DUTIES IN UKRAINE

2020 ◽  
Vol 73 (11) ◽  
pp. 2549-2554
Author(s):  
Olha S. Bondarenko ◽  
Oleg М. Reznik ◽  
Mykhailo O. Dumchikov ◽  
Nadiia S. Horobets
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Medical Professional ◽  
Medical Worker ◽  
Scientific Methods ◽  
Special Scientific ◽  
Research Goal ◽  
General Scientific

The aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker.That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.

scholarly journals Consent in criminal offences against sexual freedom and sexual inviolability of a person

2021 ◽  
pp. 15-17
Author(s):  
Tetiana ZAVHORODNIA
Keyword(s):  
Sexual Violence ◽  
Sexual Intercourse ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Voluntary Consent

Introduction. Combating sexual violence still remains one of the most important issues arisen in criminal law study. It should be noted that Istanbul Convention on preventing and combating violence against women and domestic violence is still not ratified by Ukraine, which shall facilitate quality of criminal law concerning criminal offences against sexual freedom and sexual inviolability of a person. The purpose of the paper is to define meaning and content of consent in criminal offenses against sexual freedom and sexual inviolability of a person provided for in Section IV of the Criminal Code of Ukraine. Results. The paper establishes that lack of consent is a constructive sign of rape (article 152 of the Criminal Code), sexual violence (article 153 of the Criminal Code) and coercion to have sexual intercourse (article 154 of the Criminal Code). The ways of solving arisen problems during the qualification of situations in which a person mistakenly believes that consent was given, as well as when consent was not given explicitly, have been determined. It is recommended to clarify the content of "voluntary consent" by indicating in the note to Article 152 of the Criminal Code, actions which shall not indicate voluntariness of consent. The paper notes that using the collocation "without voluntary consent" is superfluous in Articles 153 and 154 of the Criminal Code, since "coercion" and "violence" also indicate absence of voluntary consent. It has been established that consent is a distinguishing feature of a criminal offense provided for in Article 155 of the Criminal Code from Articles 152 and 153 of the Criminal Code, thus sexual intercourse with a person from 14 to 16 years with her consent indicates the commission of a criminal offense under Art. 155 of the Criminal Code. It is proposed to supplement Article 155 of the Criminal Code with the clause “in the absence of signs of criminal offenses under Art. 152 and art. 153 of the Criminal Code”. Conclusion. The paper provides that consent shall be both constructive and distinguishing feature of criminal offences against sexual freedom and sexual inviolability. Several problems of consent in such crimes are defined as well as ways of their solution.

scholarly journals Rape and Sexual Violence: the Quality of Law and the Questions of Qualification

2018 ◽  
Vol 12 (6) ◽  
pp. 896-904
Author(s):  
Arseniy Bimbinov
Keyword(s):  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Crimes ◽  
Actus Reus ◽  
Simultaneous Existence ◽  
The Russian Federation ◽  
Principle Of Legality ◽  
Anal Penetration

The article examines the problems of legislative regulation of liability for violent sexual crimes and the qualification of such offences. The author states that Russian criminal law is ambiguous in its understanding of such categories as sexual intercourse, lesbian and gay homosexual acts. The content of other actions of sexual nature also poses questions. The analysis of criminal law norms protecting the sexual freedom of a person, as well as the analysis of court and investigation reports, showed that some criteria of differentiating liability for these crimes are not well-grounded. A systemic approach to examining the norms of Chapter 18 of the Criminal Code of the Russian Federation (CC of the RF) revealed the following problems. The current version of the CC of the RF does not penalize a violent sexual act if its victim is male. The use of violence by a woman against a man during a sexual intercourse is not covered by Art. 132 of the CC of the RF, because other sexual acts, according to law, are sexual acts that are not sexual intercourse, lesbian or gay homosexual acts. Simultaneous existence of actus reus under Art. 131 and 132 of the CC of the RF, according to the principle of legality, should prevent from charging for rape under Art. 131 only. Human sexuality requires, as a rule, that sexual intercourse should be accompanied by other acts of sexual nature (forced kissing, masturbation, impact on breasts or other sexual acts) aimed at achieving sexual arousal and satisfaction, which, under Art. 17 of the CC of the RF, constitutes a combination of offences. The differentiation of liability for various acts of sexual nature under Art. 131 and 132 of the CC of the RF violates the principle of justice. If there is a sequence of violent sexual acts (for example, oral and anal penetration with the use of violence), these actions are qualified only pursuant to Art. 132 of the CC of the RF. If there is a violent sexual intercourse and some other act of sexual nature, these actions are punished as multiple offenses. The author uses doctrinal views, analysis of current legislation and the practice of its enforcement to suggest a solution for the described problems.

PHARMACEUTICAL LAW: CRIMINAL ASPECTS

2021 ◽  
Vol 14 (6) ◽  
pp. 203-209
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Criminal Law ◽  
Raw Materials ◽  
Active Phase ◽  
Legal Regulation ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scope Of Application ◽  
General Scientific ◽  
Criminal Legislation

The author, considering the possibility of the emergence of a new branch of law in the future - pharmaceutical law, focuses on the complexity of regulating the sphere of turnover of medicines, at the same time pointing to this as the main reason for the uncertainty of the legislator in matters of the correctness of the choice of the object and subject of legal regulation. The author, citing examples from practice, draws attention to the fact that pharmaceutical activity is gradually becoming the object of regulatory regulation of various legal institutions, where the turnover of medicines, as well as medicines and other products containing raw materials of a medicinal nature, can be subject not only to the rules of civil turnover, as well as other special acts, but also to the norms of criminal law. The purpose of the study: To analyze the criminal legislation of the Russian Federation, including articles of the Criminal Code that establish responsibility for crimes in the field of pharmaceutical criminal law. Methodology and methods: the article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the norms of pharmaceutical criminal law. Conclusions: as a result of the study, the author consistently substantiated the conclusion that the scope of application of criminal legislation in the control of pharmaceutical activities is expanding, at the same time, frequent violation of established prohibitions and regulations in the turnover of medicines suggests that the dialectical component of this issue is in an active phase of development, which indicates the inevitability (regularity and expediency) of the separation of a group of norms into a relatively autonomous group, which may be called pharmaceutical criminal law.

Contemporary criminal law policy: a new phase of liberalization

2016 ◽  
Vol 11 (2) ◽  
pp. 94-98
Author(s):  
Назаренко ◽  
Gennadiy Nazarenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Legal Rules ◽  
Stage Of Development ◽  
Special Part ◽  
Legitimate Interests ◽  
The Russian Federation

In the article the modern criminal law policy is viewed as a multidimensional socio–legal phenomenon. The author distinguishes several levels of legal policy: theoretical, directive, legislative, institutional and enforcing. The article shows that the modern stage of development of criminal law policy is characterized by strengthening of negative tendencies at all levels of development, formation, organization and implementation of criminal policy. As a result, in the Criminal Code of the Russian Federation inoperative statutes and double regulations appeared, the inclusion of which in the criminal law creates confusion and leads to difficulties in law enforcement practice. Casuistry of criminal law policy is evident not only in norms of the Special part of the Criminal code of the Russian Federation, but also in the requirements of the Special part that violates the consistency of the criminal law, reduces the quality of legal rules and the effective protection of the rights and legitimate interests of citizens by criminal law means. In general criminal policy of Russia at the present stage has the reflective nature, because forms, means and methods of combating crime are determined spontaneously, under the pressure of circumstances, indicating a lack of scientifically proved criminal law policy.

Proposal for a General Part of a New Penal Law — Introduction

1996 ◽  
Vol 30 (1-2) ◽  
pp. 36-59 ◽  
Author(s):  
S.Z. Feller ◽  
M. Kremnitzer
Keyword(s):  
Old Age ◽  
Criminal Law ◽  
Common Law ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Judicial Decisions ◽  
Penal Law ◽  
General Part ◽  
Scientific Standards

This being a presentation of a legislative enactment, not explanatory notes or a commentary on its provisions and certainly not a theoretical, comprehensive analysis of the topics considered therein, it is bound to be most concise and selective. The reader will thus encounter below a brief reference to the main subjects dealt with by the Proposal, with emphasis on the significance of proposed solutions.The reasons why Israel requires a new penal code, generally, and, for a start, its Preliminary and General Parts, in particular, are inherent both in the process whereby the existing Law has developed, and the quality of that Law.Israeli criminal law suffers from old age. Its direct source is the Criminal Code of Cyprus of 1928; the latter having been copied, with certain changes, from the Queensland Code of 1899, which for the most part reflected the judicial decisions of English common law, some of which were formed many years previously, and are largely outdated. Scientific standards have changed and progressed.

Sign in / Sign up

Export Citation Format

Share Document