scholarly journals FORMS OF CRIMINAL LIABILITY IN CASE OF DEATH OF THE PATIENT

2021 ◽  
Vol 74 (11) ◽  
pp. 2891-2895
Author(s):  
Natalia O. Antoniuk
Keyword(s):  
Research Methods ◽  
Medical Service ◽  
Criminal Liability ◽  
Direct Influence ◽  
Medical Worker ◽  
Criminal Offense ◽  
Research Results ◽  
The Subject ◽  
Deceased Patient

The aim: Establishing the forms of criminal liability in case of death of the patient and the presence of such a condition as the desire of the relatives of the deceased to reconcile with the subject of the criminal offense. Materials and methods: In the course of the study, 62 court judgements were used. Comparative, systematic, analytic, and empiric research methods have been used in this research. Results: The position of the victims – relatives of the deceased – has a direct influence on the choice of the form of criminal liability. A medical worker who is the subject of a criminal offense may reconcile with the relatives of the deceased patient and enter into a reconciliation agreement. It is the parties of the agreement who consent to the punishment and the possible exemption from it. At the same time, the court cannot exempt a medical worker from criminal liability in case of a patient’s death. This thesis is based on the fact that the possibility of such exemption is directly related to the reconciliation with the victims who are patients that were provided with medical service. Besides, death is a consequence that is irreversible. Conclusions: The exemption from criminal liability according to the reconciliation of the guilty person with the victim in case of death of a patient is stated to be impossible. At the same time, the possibility of concluding a reconciliation agreement in this case has been established.

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.

scholarly journals Problems of criminal law protection of the national security of the state against subversive acts

2021 ◽  
Vol 10 (44) ◽  
pp. 307-315
Author(s):  
Oleksiy Pasyeka ◽  
Ruslan Shekhavtsov ◽  
Oleh Marmura ◽  
Stepan Burda ◽  
Taras Lutskyi
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Criminal Offense ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

The purpose of the article is to study the main problematic aspects of the regulation of liability for sabotage in the legislation of Ukraine. The subject of the research is the problematic aspects of the regulation of criminal liability for sabotage under the laws of Ukraine. In order to obtain reliable results, a number of methods are applied: dialectical, formal-logical, hermeneutic, logical-semantic, statistical, comparative-legal, etc. The results of the conducted research: modern threats to the national security of any state require effective measures of counteraction, including the qualitative criminal legislation. The main shortcomings of the regulation of liability for sabotage under the laws of Ukraine are due to the imperfection of the components of this criminal offense, as well as the misinterpretation of its provisions by the enforcer. In addition, it is determined that one of the important problems of liability for such action is the parallel existence of a terrorist act in the criminal legislation of Ukraine, and the components of a terrorist act by its content and nature in most cases coincides with the components of sabotage. A number of changes and additions to the criminal legislation of Ukraine on elimination of the specified problems are proposed.

scholarly journals IMPROVING STUDENTS UNDERSTANDING OF THE THESIS FLOW BY USING THESIS MAP TECHNIQUES

2021 ◽  
Vol 9 (07) ◽  
pp. 1003-1007
Author(s):  
Salmy Edawati Yaacob
Keyword(s):  
Graduate Students ◽  
Research Methods ◽  
Action Observation ◽  
Quality Research ◽  
Research Results ◽  
Effectiveness Analysis ◽  
Graduate Research ◽  
The Subject ◽  
Comparison Of The Results ◽  
Thesis Writing

An understanding of the flow of thesis writing is very important to ensure good and quality research results. This situation always waves graduate students so that many lose during the presentation of the proposal (defense proposal) or during the oral examination (viva). The Thesis Map technique is an innovation in the teaching of research methods that uses the arrangement of thesis flow in a visual box. Thus, the objective of this study is to analyze the improvement of students understanding of the mastery of thesis writing flow (thesis flow) by using the Thesis Map technique. The action research design was used to look at changes in student achievement in mastering the flow of thesis writing. A total of 4 PhD students from the subject of Research Methods (PPPY6283) were involved in this study. Students are taught the Thesis Map technique for 1 semester from April to July 2021. Effectiveness analysis is evaluated using three instruments namely Test-Before Action and Test-After Action, observation and presentation of research proposals. Findings show that there is an increase in students understanding of the flow of thesis writing through the comparison of the results of the Pre-Action Test and Post-Action Test. Findings from the observation also found that students showed interest, enthusiasm and mastery of the subjects taught. The effectiveness of this technique is also evidenced by the acquisition of excellent proposal presenter marks between 36-39 out of a total of 40 marks. Therefore, the Thesis Map technique approach is an effective alternative medium for the subject of Research Methods. The implication is that UKM will be more distinguished with quality and impactful graduate research results.

scholarly journals Investigative activities of operational units in the detection of criminal offences in the sphere of subsoil exploitation and protection

2021 ◽  
Vol 10 (46) ◽  
pp. 176-183
Author(s):  
Yurii Yermakov ◽  
Dmytro Shumeiko ◽  
Oleh Tarasenko ◽  
Maryna Voloshyna ◽  
Sergii Chyzh
Keyword(s):  
Research Methodology ◽  
Logical System ◽  
Search Activity ◽  
Legal Research ◽  
Criminal Offense ◽  
Research Results ◽  
Scientific Cognition ◽  
Criminal Offenses ◽  
General Scientific ◽  
The Subject

The purpose of the article is to determine the features of the search for signs of criminal offenses in the sphere of subsoil exploitation and protection. The subject of the study is the search activities of operational units in this area. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical-legal, formal-logical, system-structural, generalization, comparative-legal. Research results. The elements of search activity of criminal offenses in the area of subsoil exploitation and protection are established. Practical meaning. The most likely places of search and objects containing information on wrongfulness of the acts in the indicated sphere are identified. Value / originality. It is proved that process of detecting criminal offenses and those who prepare or commit them is based on the knowledge of the event of criminal offense by subtraction from the environment the changes that have arisen in connection with its preparation or commission of the traces left on the environmental elements, such as objects and documents.

scholarly journals Features of criminal liability and punishment of juveniles: reality and perspectiv

2021 ◽  
Vol 2021 (2) ◽  
pp. 115-126
Author(s):  
О. І. Mytska ◽  
Keyword(s):  
European Union ◽  
Criminal Responsibility ◽  
Rapid Development ◽  
Criminal Liability ◽  
Criminal Code ◽  
International Standards ◽  
Criminal Offense ◽  
The Subject ◽  
The Law ◽  
Criminal Legislation

In the article the author analyses the features of criminal liability and punishment of juveniles in the current criminal legislation. Particular attention is paid to the release of adolescents from punishment and serving sentences. The author points out that for a long time there have been discussions among scholars about the possibility and expediency of applying to adolescents release from punishment and serving sentences considering the obvious need for their urgent re-education and return to the law-abiding citizens. The author categorically looks positively at this subinstitution of criminal legislation and believes that in some way it allows criminal legislation to perform its protective, educational and preventive functions. It also notes that the list of currently available types of release for both adults and juveniles is quite limited, which does not allow to fully differentiate them according to the specifics of the criminal offense committed by each individual juvenile. A comparative analysis of the current criminal legislation with the draft of the new Criminal Code of Ukraine is carried out. It is stated that scientists have identified not only juveniles but also young people, which is also due to the European vision of the subject of the criminal offense. Most criminal legislations of the Member States of the European Union have a similar differentiation. It is concluded that despite the rapid development of criminal legislation and Ukraine itself, the legislative vision of the limits of criminal responsibility and punishment of juveniles remains almost unchanged. A study of the draft of the new Criminal Code of Ukraine showed that only the age of the subject of the criminal offense was revised, as well as certain features of punishment and release from it. At the same time, any fundamentally new alternative criminal-legal measures and means of interaction with juvenile offenders are not provided, which indicates that the juvenile criminal legislation of Ukraine is not yet fully compliant with European and international standards of justice according to juveniles who are in conflict with the law. Key words: juvenile, criminal liability, punishment, release from punishment and serving sentences, draft, new Criminal Code, European Union.

scholarly journals Pertanggungjawaban Pidana Terhadap Prajurit Tni Yang Menunggu Putusan Berkekuatan Hukum Tetap

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Setiawan Widijantoro
Keyword(s):  
Research Method ◽  
Criminal Liability ◽  
Court Decision ◽  
Criminal Cases ◽  
Conceptual Approach ◽  
Criminal Offense ◽  
Research Results ◽  
One Year ◽  
Legal Force

Abstract— The purpose of this study is to examine the form of criminal liability for members of the TNI who carry out Military Criminal Acts and find out about the process of resolving military criminal cases against the TNI who are waiting for a court decision with permanent legal force. The research method used is a type of normative research with a conceptual approach, legislation, comparative and case approaches. Based on research results show that the form of criminal liability for TNI soldiers who commit crimes, namely: (a) The crime of desertion, can be sentenced to death if carried out by soldiers who crossed to the enemy during the war, and imprisonment if carried out in peace; (b) The crime of insubordination, can be sentenced to prison for more than 1 (one) year; (c) A criminal offense is absent, can be sentenced to imprisonment for more than 1 (one) year, but if the absent is not more than 3 (three) days can be disciplined. While the settlement starts from the investigation, examination until the decision based on the applicable regulations. Keywords—: Responsibility; TNI Soldiers; Military Criminal Society.

scholarly journals OBJECT OF CRIMINAL OFFENSE OF PROVIDED ST. 211 OF THE CRIMINAL CODE OF UKRAINE “PUBLICATION OF REGULATORY LEGAL ACTS, WHICH DECREASE BUDGET REVENUES OR INCREASE EXPENDITURE OF THE BUDGET CONTRARY TO THE LAW”

2020 ◽  
pp. 64-70
Author(s):  
О. О. Константинов
Keyword(s):  
Criminal Law ◽  
Economic Activity ◽  
Foreign Currency ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Budgetary Institutions ◽  
The Status ◽  
The Subject ◽  
Local Budget

The relevance of the article is that, as is well known, the “vertical” and “horizontal” classifications of objects of crime are generally accepted and accepted in the science of criminal law. “Vertically” the most common is the four-level classification, according to which there are general, generic, species and direct objects. The article analyzes the object of the criminal offense under Art. 211 of the Criminal Code of Ukraine, “Issuance of regulations that reduce budget revenues or increase budget expenditures contrary to law”. The article considers the issue of determining the generic, specific and direct composition of a criminal offense. It was found that the budget funds should be understood as: tax revenues received in the relevant budgets; other mandatory payments received in the relevant budgets; income from the use of state-owned property after payment of taxes (fees) provided by law; revenues from paid services provided by budgetary institutions after payment of taxes (fees) provided by law; funds received as a result of the application of measures of civil, administrative and criminal liability, including fines, confiscation, compensation, etc.; part of the profit of unitary state and municipal enterprises; income from foreign economic activity. It is determined that the subject of the crime under Art. 211 of the Criminal Code of Ukraine, there can be only normative legal acts. The funds (or rather the consequences in the form of a certain type of damage), actually received and only planned as revenues and expenditures of the state or local budget, must be in the status of the consequence of this act. Such a crime is committed, for example, in cases where an official issues regulations that change only the revenues and expenditures of the budget recorded in the relevant legal act. When an official issues a normative legal act that provides for the illegal write-off of taxpayers’ arrears of taxes, fees and other mandatory payments, the budget does not receive the funds that should have been received. The term “funds” in the current legislation means money in national or foreign currency or their equivalent. That is, the equivalent of money can be called budget funds, if they equally replace the money included in the budget.

Phenomenon of administrative prejudice in the context of understanding the essence of crime

2021 ◽  
pp. 117-136
Author(s):  
Vadim V. Khiluta
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Criminal Law ◽  
Criminal Liability ◽  
The Public ◽  
Scope Of Application ◽  
The Subject ◽  
Objective Side ◽  
Law Making ◽  
Critical Consideration

We consider the issue of understanding the administrative prejudice in criminal law. We investigate the ontological problems of administrative prejudice in the doctrine of criminal law. The purpose of the work is a ra-tional and critical consideration of the criminal law science provisions in rela-tion to the question of the characteristics and legal essence of administrative prejudice. We analyze the arguments “for” and “against” the preservation of administrative prejudice in the criminal law, consider the essential character-istics of this concept. We state that administrative prejudice is now consid-ered outside the corpus delicti, identifying it with a specific means of legal technique, or within the corpus delicti, as an element of the objective side or subject of the crime. We substantiate the position that administrative preju-dice is a sign of a special subject of a crime. We prove that when committing a repeated similar offense, it is necessary to talk about the public danger of the subject who has committed multiple repetitions of the same offense. In this case, each subsequent multiple offense should entail the onset of criminal liability, because this right violation is not associated with the act, but with the figure committing the unlawful act. We propose measures to improve the proposition of administrative prejudice in the criminal law. Research methods: formal-dogmatic, comparative-legal, instrumental analysis. Scope of application: jurisprudence, law enforcement practice, law-making, legislation.

PUTUSAN PEMIDANAAN TERHADAP KORPORASI TANPA DIDAKWAKAN DALAM PERSPEKTIF ”VICARIOUS LIABILITY”

2017 ◽  
Vol 10 (1) ◽  
pp. 17 ◽  
Author(s):  
Budi Suhariyanto
Keyword(s):  
Criminal Liability ◽  
Supreme Court Decision ◽  
Criminal Offense ◽  
Vicarious Liability ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Subject ◽  
To Come ◽  
Criminal Conduct ◽  
Corporate Criminal Liability

ABSTRAKKorporasi telah ditetapkan sebagai subjek tindak pidana, maka terhadapnya dapat dituntutkan pertanggungjawaban pidana. Sebagai subjek hukum, korporasi juga ditentukan mekanisme pemidanaannya mulai dari proses penyidikan, penuntutan, dan pemeriksaan di sidang pengadilan. Mahkamah Agung dalam Putusan Nomor 2239 K/PID.SUS/2012 mengesampingkan prosedur hukum acara dengan menjatuhkan putusan pemidanaan terhadap korporasi tanpa didakwakan. Permasalahannya bagaimanakah eksistensi pemidanaan korporasi menurut hukum acara pidana di Indonesia, dan bagaimanakah pemidanaan korporasi dalam praktik penegakan hukum, serta bagaimana putusan pemidanaan terhadap korporasi tanpa didakwakan dalam perspektif vicarious liability? Metode penelitian normatif digunakan untuk menjawab permasalahan ini. Terdapat tiga pendekatan untuk mengkaji permasalahan yaitu pendekatan perundang-undangan, pendekatan kasus, dan pendekatan konseptual. Metode analisis yang diterapkan untuk mendapatkan kesimpulan atas permasalahan yang dibahas adalah melalui analisis yuridis kualitatif. Dari hasil pembahasan dapat disimpulkan bahwa dalam perspektif vicarious liability, korporasi dapat dipertanggungjawabkan atas perilaku seseorang yang secara personifikasi mewakili korporasi sehingga dapat dijatuhkan putusan pemidanaan.Kata kunci: putusan pemidanaan, pemidanaan korporasi, vicarious liability.ABSTRACTA corporation has been set as the subject of criminal offense, and so criminal liability on this subject is enforceable by law. As the subject of law, a corporation has its own mechanism in term of criminal liability, starting from investigation process, prosecution and examination before trial. The Supreme Court Decision Number 2239 K/PID.SUS/2012 overruled the ordinances of the procedural law by imposing a sentencing decision against a corporation without charges. The problems are: how does the corporate criminal liability exist according to the criminal procedural law in Indonesia, and how is the corporate criminal liability implemented in the practices of law enforcement, as well as how is the corporate criminal liability without charges examined through the perspective of vicarious liability? Normative research method is applied in responding to this problem. Three approaches to examine these problems are the statutory regulations, the case-based, and conceptual approaches. The analytical method applied to come to the conclusion of the issues discussed is through the qualitative juridical analysis. The results of discussions deduce that in the perspective of vicarious liability, a corporation is liable for the criminal conduct of a person who is in personification of the corporation and may be subject to corporate criminal liability.</p>Keywords: sentencing decision, corporate criminal liability, vicarious liability.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

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