Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

Provisions on the definition of crime in the criminal law of the United States

2021 ◽  
Vol 67 (06) ◽  
pp. 97-101
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
United States ◽  
Key Words ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
Modern World ◽  
Cultural Integration ◽  
Foreign Countries ◽  
Foreign Law ◽  
Definition Of

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. U.S. criminal law has long developed under the influence of British common law and has gradually taken shape. Therefore, in different states of the United States, the criminal law analyzes the provisions on the definition of crime. Key words: crime, felony, misdiminora, murder

scholarly journals Criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation

2019 ◽  
pp. 110-123
Author(s):  
O. Korotiuk
Keyword(s):  
Intellectual Property ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Constitutional Rights ◽  
Foreign Countries ◽  
Foreign Law ◽  
Circulation Change ◽  
The World ◽  
Criminal Legislation ◽  
And Storage

The article analyzes the criminal law of foreign countries, which reflect the main types of forms of encroachments on objects of copyright and related rights. It has been established that the criminal responsibility for the above-mentioned acts was foreseen in the most countries of the world. The purpose of the article is to investigate the issue of criminal responsibility for the most basic typical forms of compliance of copyright and associated rights over the foreign legislation. Extremely widespread forms of socially dangerous encroachments on copyright objects are "appropriation of authorship", "plagiarism" and "coercion to co-authorship". Offenses that encroach on copyright objects are usually placed in the sections "Crimes against the constitutional rights and freedoms of man and citizen", "Crimes against property", and in some cases are placed in a separate section "Crimes against Intellectual Property». Analysis of the criminal legislation of foreign countries suggests that the typical forms of encroachments on objects of copyright and related rights include acts related to: a) the illegal entry into the circulation of objects of copyright and related rights contrary to the established legislation procedure. These types of encroachments are represented by the following wording of the criminal law of foreign law: the wording indicating the act of import or other movement of objects of copyright and related rights (for example, transportation, movement, import, export, etc.); wording indicating acts concerning the acquisition and storage of objects that could not be in circulation (in particular, acquisition, storage, conscious possession for the purpose of trade or inclusion in trade, illicitly created objects, goods, including if they were imported, receiving etc.); the wording indicating the acts related to the introduction of objects to commodity circulation or the commission of any actions for the purpose of further introduction into circulation, including acts concerning the putting into circulation of equipment for the illegal creation of copyright and related rights objects (for example, the use of objects without a check mark and in the absence of author's contracts; introduction into business turnover; introduction into circulation; change, removal from copies of objects of symbols and signs of protection of rights etc.); b) illegal production (creation) and / or illegal use of such objects. The following wording of the criminal law provisions refers to these attacks: the wording which denotes actions related to the illegal creation of the object of intellectual property rights, the introduction of certain changes to the object or information about the object, as well as acts of unlawful gain rights to the object (for example, attribution or coercion, plagiarism, reproduction, copying, forgery or imitation etc.); wording that denotes acts of unlawful use and distribution of objects (in particular, illegal use, illegal distribution, sale or offer for sale, sales etc.); general wording indicating any of the above-mentioned encroachments, as well as other attacks on the objects of copyright and related rights (for example violation of the law, any other form of use of objects, other infringement of rights, violation of any which of the rights etc.).

Criminal legislation of foreign countries on fraudulent encroachments on property and legitimate interests of credit institutions

2021 ◽  
pp. 779-791
Author(s):  
Maya M. Savchenko
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Cases ◽  
Member States ◽  
Written Information ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
Objective Side ◽  
Criminal Legislation ◽  
Credit Institutions

We consider legislative problems of regulating liability for fraud in the field of lending. We conduct a comparative analysis of the provisions of the criminal legislation of foreign countries for credit fraud that infringes on the property and legitimate interests of credit institutions. We note that German criminal law provides for liability for crimes of fraud and abuse of con-fidence for criminal purposes. A feature of the German language is in this case the interpretation of the concept of “credit fraud” as “fraud”, the most correct in this case, the name of fraud in the field of credit will be as “credit fraud”. We analyze the controversial nature of the object of this crime within the framework of German criminal law and the concept of credit is given, which made it possible to conclude that the rule that ensures combating fraud in the credit sector is limited in its application exclusively to the sphere of lending. Based on the analysis of the signs of the objective side of fraudulent encroachments in the field of lending, it was concluded that the composition of credit fraud is formal. Investigative practice shows that when establishing guilt, certain difficulties arise in practice. The norm on credit fraud is characterized in criminal law as saturated with vague, evaluative signs, for example, the concept of “economy or enterprise”, “incorrectness” of documents and written information, their “significance” for making a decision on a loan. For a comparative analysis, the subject of the study was also taken the criminal law on credit fraud of the CIS member states. In the course of the analysis of the provisions of the criminal legislation of the CIS member states, it was concluded that there is no unambiguity in the formulation of the disposition of the rules on credit fraud among the member countries. Thus, the criminal legislation in matters of criminalization of fraud in the field of lending in Azerbaijan and Kazakhstan tends more to the Russian one, while in Belarus, Ukraine, Moldova, a tendency has been revealed that the norms are close to the criminal legislation of Germany. A study of the English and Australian court practice in criminal cases in the field of lending allows us to conclude that the temporary borrowing of credit funds qualifies as gratuitous fraudulent encroachment in the credit sector. US criminal law provides for liability for credit fraud as part of the general fraud rule.

COMPARATIVE LEGAL ANALYSIS OF THE BREACH OF DUTIES OF THE JUVENILE PERSON UPBRINGING IN THE CRIMINAL LAW SYSTEMS OF RUSSIA AND INDIVIDUAL FOREIGN COUNTRIES

2020 ◽  
Vol 10 (6) ◽  
pp. 159-167
Author(s):  
SVETLANA POMNINA ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Holistic View ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

Objectives: Particular issues of comparative analysis of the liability regulation for the breach of duties of the juvenile person upbringing in the criminal law systems of Russia and foreign countries are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norms specified in the Article 156 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: Comparative legal study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of personal actions that consists in breach of duties of the juvenile person upbringing under the Russian criminal code. This reason demands a competent scientific and legal assessment upon the experience of their legal regulation in the norms of foreign criminal law. Conducted comparative analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility for committing a crime under article 156 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Within the framework of this article, a change of the norm wording of the Article 156 of the Criminal Code of the Russian Federation would be justified by the need to implement the particular provisions of the criminal legislation of individual foreign countries. Therefore, this action will help to increase the effectiveness of its application. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.

scholarly journals Interstate aspects of national security in the context of foreign policy of Kazakhstan and Iran: comparative analysis

2020 ◽  
Vol 133 (4) ◽  
pp. 157-171
Author(s):  
A.U. Tyulyubayeva ◽  
◽  
A. Z. Turkhanova ◽  
Keyword(s):  
Foreign Policy ◽  
Comparative Analysis ◽  
National Security ◽  
Islamic Republic ◽  
Normative Documents ◽  
Adequate Response ◽  
Security Challenges ◽  
Islamic Republic Of Iran ◽  
The Republic

The article examines the problems of ensuring national security at the domestic and regional levels of Kazakhstan and Iran, the normative documents of the two states on this issue, provides a comparative analysis of the systems of ensuring national security of the two countries, measures to combat modern threats such as radical extremism, terrorism, interethnic and interfaith conflicts, and shows the level of cooperation between our state and the Islamic republic on issues identified by the topic of the article. The authors of the article briefly analyze the foreign policy activity of the Republic of Kazakhstan and the Islamic Republic of Iran in terms of an adequate response to modern national security challenges.

scholarly journals Criminal environmental protection: international practices and priorities for improving

2021 ◽  
Vol 12 (33) ◽  
pp. 102-120
Author(s):  
Oleh Kyrychenko ◽  
Yuliia Khrystova ◽  
Oleksandra Skok ◽  
Taisiia Shevchenko ◽  
Oleh Litun
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Documentary Sources ◽  
Foreign Countries ◽  
The Social ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The purpose of the research is to reveal international practices, criminal law protection and the system of punishments for environmental crimes in the field of environmental protection. Main content. The paper uses a comparative method to study the criminal environmental protection international practices of some European Union countries, in particular Spain, Germany and Austria. In addition, the study of model criminal law standards of the EU made it possible to evaluate them as a factor that leads to the unification and universalization of the criminal legislation of the EU countries in the field of environmental protection, harmonization of criminal law and related sectors. Methodology: Research of materials and methods based on the analysis of documentary sources and regulatory legal acts of foreign countries. The dialectical method of cognizing the social reality facts is the basis on which the formal legal and rather-legal approaches are largely based. Conclusions. The absence of developed unified approaches to its unification and practical application in the countries of Europe and Asia has been established. Attention is focused on the attempt of individual countries (the Republic of Poland, the Republic of Lithuania) to determine the criteria for the correlation of main and additional punishments, to establish criteria for the equivalent application of sanctions related to isolation and without isolation, and also to expand the boundaries of judicial review in the field of setting the degree and type of measures of criminal liability, depending on the factual and legal circumstances of the criminal case.

scholarly journals Responsibility for land damage: a comparative analysis of the criminal legislation of Russia and some foreign countries

2021 ◽  
Vol 901 (1) ◽  
pp. 012069
Author(s):  
V Yu Fyodorovich ◽  
N A Kuzmin ◽  
I A Zavyalov ◽  
A A Chugunov ◽  
Zh A Boitsova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Foreign Countries ◽  
Criminal Legislation

Abstract In order to find a solution to the existing practical issues of applying the norms of the domestic criminal law in the field of land damage, the analysis of foreign legislation related to criminal pollution and land damage is carried out. Comparative analysis allows us to identify the directions of development of law in the field under study in different cultural environments.

Counteraction to Crimes of a Sexual Nature against Minors in the Republic of Kazakhstan: International Practice and National Peculiarities

2018 ◽  
Vol 8 (7) ◽  
pp. 2227
Author(s):  
SorinBolat Erkenovich SHAIMERDENOV
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Preventive Measures ◽  
Criminal Liability ◽  
Legal Protection ◽  
Legal Norms ◽  
Foreign Countries ◽  
The Republic ◽  
A Minor ◽  
Criminal Legislation

The criminological and criminal law counteraction to criminal offences of a sexual nature against minors are studied in this article. The aim of the article is to analyze the methods of preventing crimes against the sexual inviolability of minors, and to study the legal norms on the crimes against the sexual inviolability of minors contained in the national criminal legislation of Kazakhstan and in the legislation of a number of foreign countries. The international organizational and legal experience of protecting minors from sexual assault, the norms of the criminal legislation of Kazakhstan and the legislation of a number of foreign countries on crimes against the sexual inviolability of minors are studied herein; the conclusions and recommendations for the further improvement of the preventive measures and the criminal legal protection of minors from encroachments on their sexual inviolability are formulated. Based on the study of the research materials on criminology and the experience of foreign countries in the field of counteracting crimes against the sexual inviolability of minors, the methods of eliminating the causes and conditions for criminal acts of the category in question are suggested, the proposals for further improvement of the criminal legislation of the Republic of Kazakhstan in terms of protection of minors from sexual assault are formulated by the author. In particular, the necessity of formulation of a number of independent norms on crimes of a sexual nature against minors, taking into account the age characteristics of victims, and also the necessity to increase the criminal liability for incest with the participation of a minor is substantiated. The main provisions and conclusions of this article can be used in scientific and pedagogical activities when considering the issues of crime prevention and the comparative characteristics of the norms on crimes against the sexual inviolability of minors in Kazakhstan and foreign countries, as well as in the course of subsequent reforming of the criminal legislation norms in the field of sexual freedom and sexual inviolability of the person.

scholarly journals Force And Threat Of Violence Are As The Ways Of Commission Of Rape: National And Foreign Experience

2021 ◽  
Vol 58 (1) ◽  
pp. 1123-1132
Author(s):  
F. Kh. Khudaykulov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Sexual Contact ◽  
Industrialized Countries ◽  
Bodily Injury ◽  
Foreign Countries ◽  
The Republic ◽  
Criminal Legislation ◽  
Similar Substance ◽  
Do So

Rape and other sexual assaultsare commonly committed in industrialized countries, and are becoming more common throughout the world. Insome countries’ jurisdictions, male-female rape is the only form of rape counted in the statistics. many countries may not define forced and threat of violence sex on a spouse as “rape”. But those criminal acts are considered a crimein criminal law which belongs to those countries. Although rape is expressed the same in the legislation of different countries, it differs in some. rape as a crime is three the ways of commission crime. They are force, threat and sexual intercourse committed by abuse of helpless. Sometimes rape is committed by other means, with children, serious bodily injury and others. Some terms are used by legislation of different countries. They are: sexual act, sexual contact, force, threat, abuse of helpless, serious bodily injury from rape, by other means. Rape is committed by force or threat knowingly causes another person to engage in a sexual act by using force against that other person or by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. On other hand rape is committed by other means knowingly renders another person unconscious and thereby engages in a sexual act with that other person or administers to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby substantially impairs the ability of that other person to appraise or control conduct and engages in a sexual act with that other person or attempts to do so, shall be fined under this title, imprisoned for any term of years or life, or both. Rape is committed with children means that criminal act knowingly engages in a sexual act with another person who has not attained the age of 12 years, or knowingly engages in a sexual act under the circumstances with another person who has attained the age of 12 years but has not attained the age of 16 years (and is at least 4 years younger than the person so engaging). But in the criminal code of Uzbekistan with children is considered in a sexual act with another person who has not attained the age of 14 years. This article illustrates that the ways commission ofrape, including the theoretical and practical problems of the ways commission of rape. As well as in this article are given relevant conclusions, suggestions and recommendations by the analysis of the criminal law of developed foreign countries (USA, Canada, England and Wales, New Zealand, Germany, France and Russia). In addition, proposals and recommendations for further improvement of the criminal legislation of the Republic of Uzbekistan.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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