scholarly journals Criminal liability for bringing bankruptcy of certain business entities

2020 ◽  
pp. 378-382
Author(s):  
Tetyana Tarasevich ◽  
Vitaliy Lazarenko
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
State Ownership ◽  
Integral Property ◽  
Sharp Rise ◽  
Agricultural Enterprises ◽  
State Owned Enterprise ◽  
Business Entities ◽  
The Right ◽  
Authorized Capital

The article distinguishes between financial insolvency and bankruptcy, which is recognized by the economic court as the debtor’sinability to satisfy monetary claims of creditors differently than through the application of the liquidation procedure. The legislation ofUkraine on criminal liability for bankruptcy provides for a fine of two thousand to three thousand non-taxable minimum incomes ofcitizens with the deprivation of the right to occupy certain positions or engage in certain activities for up to three years.Bringing an enterprise to bankruptcy, in particular state or state-owned, is very common in Ukraine and outwardly manifests itselfmainly as covert forms of privatization. Such actions against state-owned enterprises result not only in dubious privatization agreements,but also in the destruction of integral property complexes of strategically important objects for the state, a sharp rise in unemployment,and so on.The activity of agricultural enterprises plays an extremely important role in the development of the market economy of Ukraine,as it is caused by attracting a significant amount of investment in the economy of our country and improving the economic situation inUkraine. The share of agriculture in Ukraine’s GDP in 2019 was 8.9%, or almost 360 billion hryvnias.At the same time, for the bankruptcy of an agricultural or state-owned enterprise, the guilty person may be punished by a finewith restriction of the right to hold certain positions or engage in certain activities. The imposition of a penalty in the form of a finewith restriction of certain rights for the commission of this crime is not sufficient to achieve the purposes of punishment and entails aninjustice in the application of criminal law, which cannot be considered acceptable. Conclusions have been drawn on the need tostrengthen criminal liability for bankruptcy of an agricultural, state-owned enterprise and enterprise, in the authorized capital of whichthe share of state ownership exceeds 50 percent.

Citizenship V. Territory: Explaining the Scope of the Criminal Law

2010 ◽  
Vol 13 (2) ◽  
pp. 427-448
Author(s):  
Alejandro Chehtman
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fair Trial ◽  
The State ◽  
Universal Jurisdiction ◽  
Collective Interest ◽  
International Crimes ◽  
The Right ◽  
Meaningful Role ◽  
Antony Duff

Antony Duff and his coauthors have influentially argued that citizenship plays a central role in accounting both for the way in which the state makes individuals criminally responsible for certain wrongs and for calling them to answer for their wrongs. This paper takes issue with this citizenship-based understanding of the scope of the criminal law. It argues that Duff's model of civic criminal liability faces difficulties in explaining states' right to punish foreigners for crimes committed on their territory, and sits very uncomfortably with states claiming universal jurisdiction over international crimes. In contrast, it advocates a territorial conception of the criminal law. It suggests that to account for the allocation and scope of the right to punish, we need to look at the (collective) interest of those individuals who actually are in the territory of a particular state, not merely its citizens. Finally, it examines whether the notion of citizenship plays any meaningful role in a convincing account of the authority of the state to try an offender. Contra Duff and others, it argues that this authority rests exclusively on defendants receiving a fair trial and a verdict based on reliable evidence.

scholarly journals Criminal protection of children's life and health: international experience

2021 ◽  
Vol 39 (71) ◽  
pp. 350-365
Author(s):  
Viktoria Babanina ◽  
Vita Ivashchenko ◽  
Oleg Grudzur ◽  
Yurikov Oleksandr
Keyword(s):  
Criminal Law ◽  
Fetal Development ◽  
Criminal Liability ◽  
International Experience ◽  
Legal Systems ◽  
European Experience ◽  
The World ◽  
Rights And Interests ◽  
Criminal Protection ◽  
The Right

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.

scholarly journals PERLINDUNGAN HUKUM TERHADAP NOTARIS PENGGANTI YANG AKTANYA BERMASALAH DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 JUNCTO UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG JABATAN NOTARIS

Jurnal MINUTA ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 20-27
Author(s):  
Arif Hidayat
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Civil Law ◽  
Criminal Offense ◽  
Actual Reality ◽  
State Administration ◽  
The Law ◽  
The Right

Notary in making an authentic deed must be able to account for the deed if it turns out that in the future problems arise from the authentic deed both in terms of criminal law, civil law or State administration. The problems arising from the deed made by the Notary need to be questioned whether it is the result of an error from the Notary or the error of the viewer who does not provide information in accordance with the actual reality to the Notary. Such negligence or error can occur because the Notary in question is lacking or does not understand the construction or legal actions desired by the viewer so that the deed made is contrary to the provisions of the law. Such negligence or error can also be deliberately carried out by the concerned Notary. This study focuses on Law Number 30 Year 2004 as amended by Law Number 2 of 2014 concerning Notary Position wherein this study discusses the Notary who is unable to carry out his position so he has the right to submit written leave request and at the same time accompanied by the appointment of a substitute notary. After a while, a lawsuit from a party that feels aggrieved results from the deed made by Si X as a Substitute Notary. The results of this study concluded that a notary who leaves as a substituted notary has responsibility for the deed made by his successor notary even though he is on leave from his position where the responsibility is in the form of civil liability, if the substitute notary commits an error within the scope of authority given by a notary to a substitute notary. So in that case the notary is also liable for losses suffered by the parties due to the deed made by the substitute notary. Because the notary who is replaced is the owner of the office, if the notary of origin will file leave then he will appoint an employee from his own office as a substitute notary. Criminal responsibility, in the case of a criminal offense, a notary who is replaced is not responsible, for example in the case of tax evasion. Criminal liability can only be imposed on a substitute notary if he makes a mistake outside his authority as a substitute notary. Then the notary whose leave cannot be held accountable. The substitute notary is also entitled to get the same protection and legal guarantees because every citizen has the same rights before the law.

scholarly journals NULLUM CRIMEN SINE LEGE

2019 ◽  
Vol 13 (1) ◽  
pp. 15-20
Author(s):  
LAURA-ROXANA POPOVICIU
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Fundamental Principle ◽  
Fundamental Rights ◽  
Economic Life ◽  
Professional Activity ◽  
Free Development ◽  
The Right ◽  
Principle Of Legality ◽  
Right Order

This article discusses the issue of one of the most important Latin expressions that establish at the level of general principle that no crime exists outside the law.The purpose of the criminal law being the defense against the offenses of the right order, ensuring this order implies a strict respect of the principle of legality.Part of the principle of legality, the legality of incrimination, was formulated among the first, by the Beccaria in Dei delitti e delle pene and proclaimed also in the Declaration of Human and Citizen Rights (1789).Subsequently, the principle of legality of incrimination was passed in most criminal codes and even in some constitutions.The Romanian penal code emphasizes that the incriminations can only take place by law, not by other normative acts.In our law, crime is the sole basis of criminal liability.The second part of the principle of legality stipulates the legality of the punishments, so that, the crime being the only theme of the criminal liability, at the time of the commission the sanction must also intervene. Only when the sanction intervenes, it must be taken into account in particular that by sanctioning the offenders and the way in which the punishments are enforced some fundamental rights of the person are restricted, such as: freedom of movement, enshrined in all democratic constitutions, free development of the personality of the man and of his participation in the social and economic life, in the family life, the interruption of the professional activity and not lastly the affectation of his dignity. Therefore legality is a fundamental principle of criminal law: the criminalization can only take place through a law, and the sanction only if it is provided by law.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

scholarly journals Category of guilt in criminal law: economic approach

2018 ◽  
Vol 2 (4) ◽  
pp. 98-105
Author(s):  
O. Bibik
Keyword(s):  
Risk Management ◽  
Criminal Law ◽  
Criminal Liability ◽  
Civil Law ◽  
Economic Approach ◽  
Negative Consequences ◽  
Potential Offender ◽  
The Subject ◽  
The Right ◽  
Criminal Legislation

The subject of the paper is guilt as criminal legal category.The main aim of the paper is to confirm or disprove the hypothesis that there is a need for risk management in order to prevent crime.The description of methodology. The author uses economic approach and the theory of rational choice as well as the dialectic and formal-legal methodology.The main results and scope of their application. The greater the probability of socially dangerous consequences of actions, the greater the risk, the greater the degree of guilt of the subject and the degree of danger of the crime. In criminalization the risks should be optimally distributed between the state (installs criminal prohibitions) and the citizens (complying with those prohibitions), as well as between the potential offender and the victim. It is necessary to quantify the risk of socially dangerous consequences (for example, as a percentage) for each form of guilt. This will make it possible to streamline and develop forms of guilt, to correlate specific types of guilt with specific crimes in terms of the risks that the crime carries. New forms of guilt, in particular criminal ignorance, need to be introduced. Unlike negligence, which is difficult to control, ignorance, as well as competence, can be fully controlled. It is necessary to take into account the guilt of the victim, who by his behavior contributed to the crime. If the victim has not taken all precautions ( the more provoked the offender) - he must share the overall result, bear the risk of socially dangerous consequences. If there is a violation of the rules of conduct by the offender and the victim, the court should have the right to substantially mitigate the punishment or to refuse to apply it at all, taking into account the nature and extent of the violations committed by each party. For example, with regard to crimes of minor gravity when the victim provoking a crime, failure to take precautions should provide for mandatory exemption from criminal liability with compensation for harm in civil law. Premeditated intent seriously complicates the disclosure of crimes. This intent should be seen as a basis for more severe sanctions. The results of research may be used as the basis of correction of the criminal legislation.It is concluded that any form of guilt in any legal system is based on an assessment of the risks of negative consequences.

scholarly journals The criminal responsibility for defamation of knowingly innocent

2021 ◽  
Vol 10 (44) ◽  
pp. 241-251
Author(s):  
Vira Navrotska ◽  
Oksana Bronevytska ◽  
Galyna Yaremko ◽  
Roman Maksymovych ◽  
Vita Matolych
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Scientific Article ◽  
Criminal Prosecution ◽  
Innocent Person ◽  
Criminal Proceedings ◽  
Self Disclosure ◽  
Procedural Law ◽  
The Right

The scientific article analyzes the acute discussion in law enforcement practice and procedural science of the problem of the possibility of criminal prosecution of a suspect, accused of defaming a knowingly innocent person in the commission of a crime. The theoretical basis of the article are scientific works on criminal law and criminal procedural law (both domestic researchers and foreign experts). A set of general scientific, special scientific and philosophical methods of scientific knowledge has been used while preparing the scientific article, in particular dialectical, historical, comparative, dogmatic (formal-logical), system-structural analysis, modeling. It is substantiated in the article that the behavior of the suspect, accused, which is manifested in slandering of a knowingly innocent person, does not constitute the right to freedom from self-disclosure. It is also proved that both freedom from self-disclosure and the right to defense in criminal proceedings must have certain limits, in particular, it is rights and interests of other subjects protected by criminal law. We stated that the suspect or accused should be liable for misleading the court and pre-trial investigation bodies even if such deception was used to protect against the suspicion (or accusation), to avoid criminal liability.

scholarly journals Violating the Confidentiality of Adoption: Problems of Implementing a Complex Law Mechanism in the Russian Federation

2018 ◽  
Vol 12 (6) ◽  
pp. 817-825
Author(s):  
Svetlana Kornakova ◽  
Elena Chigrina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Constitutional Rights ◽  
Democratic State ◽  
Priority Task ◽  
The Russian Federation ◽  
The Right

The priority task of any democratic state is safeguarding the interests of children, including the right of every child to live in a family. Adoption of orphans or children deprived of parental care is becoming more and more common in present-day Russia, which makes the issue of legal regulation highly relevant. The article examines the problems of implementing a complex legal mechanism that regulates the protection of the confidentiality of adoption and imposes criminal liability for violating it. It should be acknowledged that there are diverse approaches to the problem of criminal law protection of the confidentiality of adoption. The authors analyze the views of different scholars on this problem. They present a critical analysis of the viewpoint that the norm imposing liability for such a violation should be abolished and prove the social importance of preserving the confidentiality. The authors also discuss the problem areas of criminal law characteristics of crimes connected with violating the confidentiality of adoption and conduct a comprehensive research of this issue. The analysis of current legislation shows that it includes a sufficient number of norms safeguarding the confidentiality of adoption. At the same time, this legal institute includes some specific norms that need improvement, require editing or amending, which, according to the authors, stops them from performing their preventive functions. The article contains concrete recommendations on improving current Russian legislation in this sphere, in particular, on improving the clauses of Art. 155 of the Criminal Code of the Russian Federation, which establishes criminal liability in those cases where the confidentiality of adoption is violated. Besides, the authors examine the controversial issue of limiting the confidentiality of adoption because they believe that it is not lawful to deny a person who has reached majority the right guaranteed by the Constitution of the RF to learn information concerning him/herself, in this case, the right to know who their parents are. They suggest amending Art. 139 of the Family Code of the Russian Federation, which will make it possible to fully guarantee the constitutional rights of citizens.

scholarly journals Kebijakan Hukum Pidana Terhadap Pertanggung Jawaban Pidana Penguasaan Tanah Tanpa Hak Sebagai Tindak Pidana Ringan (Studi Pengadilan Negeri Lubuk Pakam)

2020 ◽  
Vol 2 (1) ◽  
pp. 33-41
Author(s):  
Selly Regina Br. Sitepu ◽  
Ediwarman Ediwarman ◽  
Marlina Marlina ◽  
M. Ridha Haikal Amal
Keyword(s):  
Criminal Law ◽  
Land Tenure ◽  
Criminal Liability ◽  
Land Ownership ◽  
Criminal Code ◽  
Legal Knowledge ◽  
The Right ◽  
A Minor

Criminal legal arrangements regarding liability for land tenure without rights are found in the provisions of Article 6 paragraph (1) jo. Article 2 of Law No. 51 / PRP / 1960 concerning Prohibition of Use of Land without a Right of Permit or Proxy, Article 167 of the Criminal Code, Article 385 paragraph (1) of the Criminal Code. Factors causing land ownership without rights are: Lack of community legal awareness and lack of community legal knowledge. The criminal law policy on criminal liability for control of land without rights as a minor crime is in the form of a penalty in which the perpetrators of the criminal act of controlling land without rights can be submitted to court on the basis of committing criminal acts in the form of violations and in the form of non-penal actions in the form of mediation between the mastering actors land without rights with the right owner.

scholarly journals Theoretical and legal bases of protection of business entities from raiders in Ukraine

2020 ◽  
pp. 51-56
Author(s):  
N.S. Horobets ◽  
Ye.S. Pylypenko
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Criminal Liability ◽  
The State ◽  
Small Enterprises ◽  
Legal Principles ◽  
Business Entities ◽  
State Registration ◽  
The Right ◽  
Common Understanding

The article is devoted to the study of theoretical and legal principles of protection of business entities from raids in Ukraine due to the low level of quality of the system of protection of private property rights in the state. It is stated that for small enterprises the lack of financial resources and the risk of illegal seizure or takeover, ie "raiding", is a more common problem, but large enterprises are also subject to raids. It was found that raiding is a real threat to the integrity of enterprises, stable economic development and information security of the state, its danger is confirmed by data on the number of raider seizures of property in Ukraine. It is noted that one of the areas of counteraction to raiding is the consolidation at the legislative level of a common understanding of this concept, but the Civil Code of Ukraine, the Law of Ukraine "On Joint Stock Companies" deals only with certain aspects of raiding. Features of "white", "gray", "black" raiding are revealed. There are two ways to warn and protect businesses from raiding: the use of government tools and self-preventive protection of the enterprise. The state instruments of warning and protection of enterprises from raids include: legislative guarantees of inviolability of property and protection of property rights of enterprises in case of violation, criminal liability for misappropriation of property, the procedure of state registration of property rights, the right to apply for protection of rights and interests to the court and the Office for Combating Raiding at the Ministry of Justice of Ukraine. It is emphasized that only 20% of enterprises independently protect themselves from raider encroachment, which explains the large number of raider seizures in Ukraine. Among the methods of such protection, emphasis is placed on creating a reliable system of protection of information about the company, ensuring timely and full payment of dividends to shareholders, preventing the mass purchase of shares and monitoring the current situation. It is concluded that it is expedient to develop and consolidate at the legislative level a common understanding of the concept of "raiding", guarantees of warning and protection of business entities from raiding in Ukraine, improving the powers of courts and the Office for Combating Raiding in Ukraine to consider issues of registration of property rights of enterprises.

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