scholarly journals Stages of crime in the history of criminal Law Ukraine

1970 ◽  
pp. 333-336
Author(s):  
Yevhenii Viblyi
Keyword(s):  
Criminal Law ◽  
Historical Context ◽  
Legal Regulation ◽  
Soviet Period ◽  
Controversial Issues ◽  
Legal Norms ◽  
History Of ◽  
Law And Legislation ◽  
Two Stages ◽  
Criminal Legislation

The article attempts to analyze the stages of the crime in the history of Ukraine criminal legislation. The points of view of individual authors on the issue under study are given, as well as the author's own vision of the problem is shown. The study of the development of criminal law and legislation makes it possible to warn against new errors in the application of legal norms. The accumulated historical experience is important for modern researchers, legislators and practicing lawyers to take into account. That is why the controversial issues about the stage of the crime, which require further study and finding the best solutions are relevant in the historical context. Based on the insufficiency of the chosen topic, the purpose of the article is to determine the formation and historical development of the regulation of the institution of the stages of committing a crime. Having investigated the development of the Institute of stages of committing a crime, it is possible to identify the stages of its formation. The first stage is the period of the birth of this institution in the text of the "Russian Truth" and its further development up to the time of the Sudebnik of 1497 and 1550 years In literature there is no direct fastening of the stages of Commission of crime, however these rules, which allow a conditionally divided into two stages: attempted and completed crime. The second stage begins with the adoption of the Cathedral Code of 1649. At this stage, the legislator identifies three stages of committing a crime-intent, attempt, completed crime. The Cathedral Code of 1649 distinguishes punishments depending on the stage of the crime. The third stage is the period of validity Of the article of Military 1715. the Legislator distinguishes two stages-attempt and the finished crime, thus punishment for this or that stage practically do not differ, that is attempt at a crime was punished as a crime. The fourth stage covers the period from the adoption of the Code of 1845 to the first decrees of the Soviet power, relating to 1918. There is a clear legislative regulation of all stages of the crime; there are new-previously unknown stages; punishment is differentiated depending on the stage of the crime. In the Soviet period, the Institute continued its development, namely: there are new stages of committing a crime, there is a significant clarification of the signs of a particular stage. This period was characterized by increased repression, but it was during the Soviet period that the legal regulation of the institution of unfinished crime underwent significant development. Legal regulation of responsibility for an unfinished crime has passed a significant way of development. The development of the studied Institute changed taking into account the social structure in the state. A separate stage in the development of legislation on liability for an unfinished crime should be considered the Soviet era.

COMBATING CORRUPTION IN THE HISTORY OF RUSSIAN CRIMINAL LAW

2021 ◽  
pp. 24-28
Author(s):  
Марина Михайловна Василенко
Keyword(s):  
Criminal Law ◽  
Soviet Period ◽  
Legal Norms ◽  
Legal Method ◽  
History Of ◽  
The Rich ◽  
Characteristic Features ◽  
Criminal Legislation ◽  
First Time ◽  
Domestic Law

В статье обосновывается актуальность проведенного исследования в области противодействия коррупции; анализируются правовые нормы, предусматривающие ответственность за деяния, имеющие коррупционную составляющую, в памятниках феодального отечественного права, нормативных актах периодов образования централизованного государства Руси и времен сословно-представительной монархии, эпохи становления и развития абсолютизма в нашем государстве. Особое внимание уделено исследованию такого исторического документа, как Уложение о наказаниях уголовных и исправительных, в котором впервые значительно детализированы нормы, предусматривающие ответственность за должностные преступления. Кроме того, изучены и меры противодействия коррупции, отраженные в уголовном законодательстве советского периода. Применение историко-правового метода позволяет выделить наиболее характерные черты коррупционных проявлений и применяемые за них виды наказаний на различных исторических этапах развития отечественного уголовного законодательства, проанализировать продуктивность применения данного правового инструмента в части борьбы с коррупционными правонарушениями. При этом автором делаются выводы о недостаточной эффективности современного уголовного законодательства в вопросе борьбы с должностными преступлениями и необходимости учета богатого опыта отечественного уголовного законодательства в сфере противодействия такому негативному феномену, как коррупция. На основании метода обобщения автором предлагаются конкретные меры, направленные на совершенствование уголовного законодательства в сфере противодействия коррупции. The article establishes the relevance of the conducted research in the field of combating corruption; analysis of legal norms providing for liability for acts that have a corruption component, in the monuments of feudal domestic law, regulations of the periods of formation of the centralized state of Russia and the era of estate-representative monarchy, epoch of formation and development of absolutism in our state. Special attention is paid to the study of such historical document as the Code of Criminal and Correctional Punishments, which for the first time significantly details the norms providing for responsibility for official crimes. In addition, the anti-corruption measures reflected in the criminal legislation of the Soviet period. The use of the historical-legal method to highlight the most characteristic features of corruption and use them for the types of punishment in different historical stages of development of the domestic criminal law, to analyze the productivity of application of this legal instrument in fighting corruption. At the same time, the author draws conclusions about the insufficient effectiveness of modern criminal legislation in the fight against official crimes, and the need to take into account the rich experience of domestic criminal legislation in the field of countering such a negative phenomenon as corruption. Based on the method of generalization, the author suggests specific measures aimed at improving the criminal legislation in the field of combating corruption.

scholarly journals Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law

2020 ◽  
pp. 35-62
Author(s):  
Satenik Vrezhovna Shakhbazyan
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Soviet Period ◽  
Normative Documents ◽  
Definition Of ◽  
Criminal Legislation ◽  
Further Development

The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.

scholarly journals ADMINISTRATIVE PREJUDICE IN FOREIGN CRIMINAL LAW: HISTORY AND MODERNITY

2020 ◽  
Vol 30 (6) ◽  
pp. 844-850
Author(s):  
V.I. Antonov ◽  
E.V. Antonov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Policy ◽  
Legal Regulation ◽  
Criminal Code ◽  
Point Of View ◽  
Relevant Today ◽  
History Of ◽  
Criminal Legislation ◽  
Further Development

The article examines criminal law with administrative prejudice, as well as the history of the emergence and development of norms with administrative prejudice in the modern criminal legislation of Russia on various grounds. This topic is relevant today because the Russian legislator constantly includes new norms containing administrative prejudice in the criminal code of the Russian Federation. The problems of applying norms with administrative prejudice in practice are considered. It is noted that the criminal legislation in force in the XX century actively applied administrative prejudice as a method of legal regulation of public relations arising in the process of implementing the criminal policy of the Soviet state. The article analyzes the criminal legislation of Russia from the point of view of further development of criminal legislation in the direction of improving the institution of administrative prejudice and increasing the number of norms with administrative prejudice.

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.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

From the bureau of forced labor to the criminal-executive inspections

2019 ◽  
pp. 149-156
Author(s):  
Ольга Васильевна Коростылёва
Keyword(s):  
Criminal Law ◽  
Electronic Monitoring ◽  
Criminal Liability ◽  
100Th Anniversary ◽  
October Revolution ◽  
Forced Labor ◽  
History Of ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Character

В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.

On the history of the title and surname inheritance of Counts Perovsky by Mikhail Mikhailovich Petrovo-Solovovo in 1907: legal norms and archival reconstruction of circumstances

2019 ◽  
pp. 250-259
Author(s):  
Kseniia Donik
Keyword(s):  
Twentieth Century ◽  
Transfer Process ◽  
Historical Context ◽  
Russian Empire ◽  
Local History ◽  
Historical Narrative ◽  
Legal Norms ◽  
New Information ◽  
History Of ◽  
The Russian Empire

We highlight unknown circumstances of the title and surname transfer of Counts Perovsky to M.M. Petrovo-Solovovo – a statesman, a representative of an ancient aristocratic family who owned an estate in the Kirsanovsky County of the Tambov Governorate on the basis of new archive sources that were not previously introduced into scientific circulation. In various local history interpretations, modern periodicals that somehow transmit a historical narrative about the last owner of the Karay-Saltykovsky estate, there is a wide variety of versions of how M.M. Petrovo-Solovovo became Count Perovsky (mainly the title inheritance from mother is men-tioned). The purpose of this study is a detailed reconstruction of the titled surname Perovsky transfer in accordance with the legislation of the Russian Empire at the beginning of the twentieth century. Methodologically the study is based on historiographic criticism of documents and analysis of legislation on noble surnames based on the data of genealogical studies of different years. We pay special attention to the historical context of the analyzed events. We prove that the transfer initiative came from M.M. Petrovo-Solovovo’s aunt – maid of honor of the Empress, Countess V.B. Perovskaya, who, having previously secured the permission of the emperor, was able to begin the formal transfer process, although under the law as a female person she did not have such rights. We introduce new information both in Russian genealogical historiography as a whole, and in the history of the Petrovo-Solovovo clan and Tambov’s local history in particular.

The Crime Wave: Recent Writing on Crime and Criminal Justice in Eighteenth-Century England

1986 ◽  
Vol 25 (4) ◽  
pp. 380-435 ◽  
Author(s):  
Joanna Innes ◽  
John Styles
Keyword(s):  
Eighteenth Century ◽  
Criminal Law ◽  
Short Life ◽  
Law Faculty ◽  
History Of ◽  
Crime Wave ◽  
The Subject ◽  
The 1960S ◽  
The One ◽  
Criminal Legislation

One of the most exciting and influential areas of research in eighteenth-century history over the last fifteen years has been the study of crime and the criminal law. It is the purpose of this essay to map the subject for the interested nonspecialist: to ask why historians have chosen to study it, to explain how they have come to approach it in particular ways, to describe something of what they have found, to evaluate those findings, and to suggest fruitful directions for further research. Like all maps, the one presented here is selective. The essay begins with a general analysis of the ways in which the field has developed and changed in its short life. It then proceeds to consider in more detail four areas of study: criminality, the criminal trial, punishment, and criminal legislation. This selection makes no pretense of providing an exhaustive coverage. A number of important areas have been omitted: for example, public order and policing. However, the areas covered illustrate the range of approaches, problems, and possibilities that lie within the field. The essay concludes with a discussion of the broader implications of the subject.The Development of the FieldBefore the 1960s crime was not treated seriously by eighteenth-century historians. Accounts of crime and the criminal law rarely extended beyond a few brief remarks on lawlessness, the Bloody Code, and the state of the prisons, often culled from Fielding, Hogarth, and Howard. There were exceptions, but they fell outside the mainstream of eighteenth-century history. The multiple volumes of Leon Radzinowicz's monumental History of the English Criminal Law and Its Administration from 1750 began to appear in 1948, but Radzinowicz worked in the Cambridge Law Faculty and the Institute of Criminology, and, as Derek Beales has pointed out, his findings were not quickly assimilated by historians.

scholarly journals Historical aspect of criminal law representations and the system of protection of rights of the indigenous peoples of the North in the territory of Yamal and Yugra

2021 ◽  
pp. 77-86
Author(s):  
Olga Nikolaevna Naumenko ◽  
Valerii Terent'evich Galkin ◽  
Tat'yana Vladimirovna Tkacheva
Keyword(s):  
Indigenous Peoples ◽  
Criminal Law ◽  
General System ◽  
Traditional Culture ◽  
Customary Law ◽  
Historical Aspect ◽  
Legal Norms ◽  
The North ◽  
The Russian Empire ◽  
Criminal Legislation

The subject of this research is the traditional representations of the indigenous small-numbered peoples of the North that reflect the system of punishments and protection of their infringed rights when they commit a crime in a community living by the traditional culture. The article employs the following sources: codes of customary law created in Russia in the XIX century, as well as ethnographic data that include field materials collected by the authors in 2019 – 2020, and published sources that reflect the norms of customary law of the indigenous peoples of the North in the XIX – early XX centuries. The goal of this work consists in revealing the peculiarities of traditional views of the indigenous peoples of the North in the sphere of criminal law relations and protection of the infringed rights. The scientific novelty consists in two aspects: 1) consideration of the so-called “witchcraft component” in analyzing the norms of customary law; 2) use of the General System Theory of L. von Bertalanffy as methodology (synergetic approach). This approach is not usually used for cross-disciplinary historical and legal research; however, allows us understanding the mechanism of transformation of legal norms of the indigenous peoples of the North in the conditions of influence of Russian legislation. The point of bifurcation is the turning periods, when the content of legal views is being changed irrevocably, and the new version is accepted as traditional and consolidated in the customary law. In conclusion, the authors note that in the XIX – early XX centuries, the criminal law representations and mechanism of protection of rights in the traditional culture of the indigenous peoples of the North implied communication with  the spirits and hope for their justice in punishing the criminals. Certain norms of the Russian legislation that are similar to representations of the indigenous peoples of the North, infiltrated into the traditional culture, adapting to the customs; but overall, the criminal legislation of the Russian Empire collided with the views of the aborigines, which entailed the creation of the codes of customary law that were implemented in the judicial practice.

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