scholarly journals DIVULGENCE OF CONFIDENTIALITY OF ADOPTION: CRIMINAL LEGAL AND MEDICAL ASPECTS

2021 ◽  
Vol 74 (11) ◽  
pp. 3085-3091
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksii O. Bondarenko
Keyword(s):  
Negative Impact ◽  
Comparative Method ◽  
Criminal Liability ◽  
Analytical Data ◽  
Statistical Processing ◽  
Adoptive Parents ◽  
Structural Method ◽  
Her Family ◽  
Human Rights Protection ◽  
Foreign Countries

The aim: Identify the problems that arise in connection with the violation of confidentiality of adoption, and on the analysis basis of public danger of violation of confidentiality of adoption to justify the feasibility of criminal liability for such an act. Materials and methods: The authors used the system-structural method in the study of confidentiality of adoption as a legal phenomenon. Also, the comparative method of research was useful in comparing the criminal law of foreign countries on criminal liability for violation of confidentiality of adoption. Using the dialectical method, the problem of the confidentiality of adoption (adoption) was studied in terms of the relationship and interaction of the main categories used in the work on the violation of confidentiality of adoption. In addition, the method of statistical processing of analytical data and the results of the questionnaire were used in this research. Conclusion: The authors state that adoption allows realizing the inalienable right to family upbringing, which is proclaimed in many international acts in the field of human rights protection. It is noted that in most cases, adoptive parents want to keep the confidentiality of adoption. The negative impact of violation of confidentiality of adoption on both the child and his / her family members has been proved. It is concluded that the public danger and severity of violation consequences of confidentiality of adoption are sufficient for the expediency of its criminal prohibition.

scholarly journals Rules of criminal liability for corruption offences and their prevention

2021 ◽  
Vol 39 (68) ◽  
pp. 723-734
Author(s):  
Borovyk Andrii ◽  
Vartyletska Inna ◽  
Vasylenko Yuliia ◽  
Patyk Andrii ◽  
Pochanska Olena
Keyword(s):  
Criminal Liability ◽  
International Standards ◽  
Structural Method ◽  
Police Practice ◽  
Historical Method ◽  
Legal Method ◽  
Legal Provisions ◽  
Foreign Countries ◽  
Grouping Method ◽  
Selection Of

The objective of the article is to conduct a comparative legal study of Ukrainian and international standards of criminal liability for corruption offences and their prevention. The research methodology includes the following methods: system-structural method, formal-dogmatic method, historical method, grouping method, comparative-legal method, legal modeling method and others. As a result, the peculiarities of anti-corruption regulatory-legal provisions and police practice in the states analyzed are clarified, with the selection of relevant positive and negative trends, principles of construction of anti-corruption policy, specificity of the conceptual apparatus, etc. Emphasis is placed on the need to further harmonize Ukrainian legislation with international agreements and the practice of their implementation. It is concluded that negative trends in foreign countries have been found to be the result of non-compliance with relevant commitments to combat and prevent corruption.

scholarly journals Nature and significance of the State’s criminal law policy

2021 ◽  
Vol 10 (39) ◽  
pp. 225-231
Author(s):  
Petro Vorobey ◽  
Vasil Felyk ◽  
Andrii Niebytov ◽  
Valerii Matviichuk ◽  
Olena Vorobey
Keyword(s):  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
National Level ◽  
General System ◽  
General Purpose ◽  
The State ◽  
Structural Method ◽  
Current State ◽  
Logical Method

The purpose of the article is to analyze the criminal law policy of the State as one of the main elements of the fight against crime. The subject of the study is the criminal law policy of the State. Methodology: dialectical method, monographic method, logical method, comparative method, system and structural method, method of generalization are used in the course of the research. Research results: The essence and significance of the criminal law policy of the State, its role and place in the general system of legal relations are revealed and the importance of such a mechanism at the national level is emphasized. The current state and level of criminal law policy of the State are criticized. Practical implications: The components of criminal law policy and their relationship with other components of public policy in general are studied. The directions of criminal law policy and its levels are revealed. Value / originality: The limited possibility of the law on criminal liability in the system of social control is emphasized. The general purpose of control over the effectiveness of criminal law policy is indicated.

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 SOCIAL DANGER OF DOMESTIC VIOLENCE AND THE NEED FOR REHABILITATION OF ITS VICTIMS

2020 ◽  
Vol 73 (12) ◽  
pp. 2895--2901
Author(s):  
Oksana О. Volodina ◽  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov
Keyword(s):  
Mental Health ◽  
Domestic Violence ◽  
Social Life ◽  
Social Research ◽  
Comparative Method ◽  
Analytical Data ◽  
Statistical Processing ◽  
World Health ◽  
Physical And Mental Health ◽  
Scientific Publications

The aim: To investigate the social danger of domestic violence, find out its principal manifestations, consequences, and impact on women and minors' health. Based on the acquired knowledge, to suggest ways to overcome this problem, which will minimize the consequences of domestic violence. Materials and methods: The authors studied and analyzed international legal acts, Ukraine's legislation, and scientific publications on domestic violence. The method of statistical processing of analytical data of the World Health Organization (hereinafter - WHO), the Institute of Demography and Social Research at the request of the UN Population Fund, the Ministry of Social Policy of Ukraine, the Ministry of Internal Affairs and the Prosecutor General's Office of Ukraine (for 2017 - first half of 2020) were used. A comparative method of research was useful in comparing the number of cases of domestic violence in Ukraine and Europe during the COVID-19 pandemic. Conclusion: It is concluded that domestic violence is a socially dangerous act that negatively affects all family members, as it causes significant damage to health and life. The most dangerous are the consequences of domestic violence on the physical and mental health of women and minors, who are particularly vulnerable to this negative manifestation. Rehabilitation is said to help minimize the effects of domestic violence, restore the physical and mental health of victims, and return them to normal social life.

scholarly journals FACTORS CONTRIBUTING TO THE INCREASED APPLICABILITY OF THE RULE PROVIDING FOR EXEMPTION FROM CRIMINAL LIABILITY WITH THE IMPOSITION OF A COURT FINE: CRITICAL RESEARCH

2020 ◽  
Vol 16 (4-2) ◽  
pp. 130-143
Author(s):  
Марина Кострова
Keyword(s):  
Negative Impact ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
Structural Method ◽  
Critical Research ◽  
Judicial Practice ◽  
Russian State ◽  
Urgent Task ◽  
Criminal Legislation

The urgent task of the Russian State in combating crime at the current stage is to humanize and liberalize criminal legislation, new and existing rules on exemption from criminal liability are being introduced and improved as part of this policy. One of these new laws was the inclusion in the Criminal Code in 2016 of a provision on exemption from criminal liability with the imposition of a court fine, the four-year practice of which indicates its widespread demand. The purpose of the paper is to identify and analyze the factors that cause a greatly increased applicability of the rule providing for exemption from criminal liability with the imposition of a court fine, their critical research, with respect to sectoral objectives. The study is carried out using a set of methods - general scientific (induction, deduction, analysis, synthesis, systemic and structural method) and specific scientific (formal legal, sociological, statistical). Results: on the basis of the analysis of judicial statistics and emerging judicial practice, the author identifies three main factors of the increased applicability of the rule providing for exemption from criminal liability with the imposition of a court fine, which have a negative impact on the performance of sectoral tasks: 1) inclusion in its scope of persons to whom it cannot be applied in strict accordance with the law; 2) inclusion in its scope of persons who have committed offences for which the policy of increasing criminal liability has been implemented in recent years; 3) inclusion in its scope of persons who have committed crimes whose main or additional target is human life. The author proposes original options for eliminating these factors at the legislative and law enforcement levels.

scholarly journals Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová
Keyword(s):  
Public Participation ◽  
Criminal Liability ◽  
Active Role ◽  
Legal Framework ◽  
The European Union ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima

SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 267
Author(s):  
Hajairin Hajairin ◽  
Gufran Sanusi ◽  
Aman Ma’arij
Keyword(s):  
Material Processing ◽  
Environmental Pollution ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Civil Law ◽  
Health Impact ◽  
City Government ◽  
Environmental Damage ◽  
Special Concern

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.

Business and Human Rights – Recent Trends in Germany

2021 ◽  
Vol 11 (1) ◽  
pp. 63-72
Author(s):  
Marlen Vesper-Gräske
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Criminal Liability ◽  
Human Rights Protection ◽  
The Public ◽  
Legislative Action ◽  
Business And Human Rights ◽  
Key Points ◽  
Recent Trends ◽  
Corporate Social

There is an undeniable, growing trend in the current Corporate Social Responsibility (CSR) discussions: the responsibility of corporations to abide by and to protect human rights. This discussion includes potential criminal liability for corporations as well as their management for human rights violations. This article will survey the legal status quo of corporate responsibility in the context of human rights protection in Germany. It will then outline two drafts of legislation: a first draft leaked to the press in February 2019 that did not result in further legislative action, and a second draft recently leaked to the public that included key points for such a legislation to become the new German Human Rights Supply Chain Due Diligence Law.

scholarly journals Criminal Liability of Medical Profecionals Negligience: Comparative Analysis

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 251-263
Author(s):  
Kateryna Danchenko ◽  
Olga Taran
Keyword(s):  
Comparative Method ◽  
Criminal Liability ◽  
The United States ◽  
Medical Professionals ◽  
The European Union ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Medical Office ◽  
The Us ◽  
The Impact

The purpose of this article is to study the criminal liability of medical professionals in cases of suspension, in accordance with jurisprudence in Ukraine, the European Union and the United States of America (USA). He made the comparative method. According to the investigation, the number of criminal proceedings in Ukraine by the authority and misconduct of medical doctors is about 2% per population, my figure that rises to 30% in Europe and is the stable yes in the US and is 28%. 32%. The main objective of the article is often area identify specializations in the medical office occurs with the mayor based on Ukrainian jurisprudence (data from Ukraine’s only state judicial decision register from 2016 to 2019). In addition, the study analyses the impact of the main influences on the ability of medical professionals for their professional functions. From counting the results show that surgeons, gynecologists, paramedics, and anesthesiologists are the most prone to deviation and medical error. Key proposed criteria have been proposed as medical errors differ from medical writing.

scholarly journals Macroeconomic Characteristics of Tourism Economy in the Republic of Tunisia

REGIONOLOGY ◽  
2019 ◽  
pp. 224-245
Author(s):  
Marina A. Zhulina ◽  
Vyacheslav M. Kitsis ◽  
Svetlana V. Saraykina
Keyword(s):  
Negative Impact ◽  
Comparative Method ◽  
International Tourism ◽  
The Political ◽  
Factors Affecting ◽  
The World ◽  
Macroeconomic Indicators ◽  
The Republic ◽  
Tourism Economy ◽  
The Impact

Introduction. Tourism is a dynamic, constantly developing sector of the economy. Tourism economy develops along with the society, recreation and tourism. The purpose of the article is to show the features of the impact of tourism on the national economy using the case of Tunisia. The experience of Tunisia is especially useful for the countries where beach recreation has developed and where the political situation has remained difficult for a long time (Egypt, Turkey, Thailand, etc.). Materials and Methods. The article is based on the statistical data provided by the World Tourism Organization, the World Data Atlas and open Internet sources. The study employed general scientific methods (analysis, synthesis, synthesis, comparison, etc.) and special ones (the methods of mathematical statistics, the graphical method, the comparative method, etc.). Results. For the first time, the article has provided a fairly complete description of the macroeconomic indicators characterizing the level of development of international tourism in Tunisia. The article has analyzed the dynamics of inbound and outbound tourism, discussed the factors affecting the volume of international tourism, considered international tourism expenditures and revenues, which to a large extent have a positive or negative impact on the country’s balance of payments. The trends in the development of international tourism in Tunisia have been revealed and the problems facing the industry have been identified. Discussion and Conclusion. The research has revealed that tourism economy largely depends on the political and economic processes taking place in the country. The current level of macroeconomic indicators of tourism economy in Tunisia lags behind the 2008–2009 figures. The results of the study made it possible to assess the current state of international tourism and make a number of suggestions aimed at increasing the level of development of international tourism in the country. The results of the study can contribute to the development of a program aimed to boost tourism economy in Tunisia, one of the key tasks of which should be that of increasing performance at the macro-level.

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