scholarly journals On the issue of bringing minors to criminal responsibility and execution of punishment against them

2020 ◽  
Vol - (1) ◽  
pp. 32-40
Author(s):  
N.V. Golovko ◽  
Keyword(s):  
Law Enforcement ◽  
Juvenile Offenders ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Law Enforcement Officers ◽  
Legal Issues ◽  
Criminal Punishment ◽  
Legal Literature ◽  
Criminal Penalties

The article is devoted to the analysis of theoretical and legal issues related to the problems of bringing minors to criminal responsibility, as well as the execution of criminal punishment imposed by the court against them. The analysis of legal literature, legislative acts, as well as judicial and investigative practice regarding the privileges provided by the criminal law in relation to juvenile offenders. On the basis of the research, the author identified the main tasks facing law enforcement officers, who are charged with the duty to perform the criminal penalties established by the court against adolescents.

scholarly journals The problems of the criminal law qualification of murders committed based on national hatred

2020 ◽  
Vol - (1) ◽  
pp. 13-18
Author(s):  
A.I. Glushkov ◽  
◽  
A.B Gadzhiev ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Law Enforcement Officers ◽  
Legal Basis ◽  
Legal Literature ◽  
The Russian Federation ◽  
Criminal Legislation

The article is devoted to the analysis of the legal basis of criminal responsibility for committing murders motivated by national hatred, regulated by the norms of the criminal legislation of the Russian Federation. Legal literature, legislative acts, as well as judicial and investigative practice on this issue are analyzed. On the basis of the research, the author identifies the features of the criminal-legal qualification of murders of this category, the problems faced by law enforcement officers in this regard, as well as substantiated proposals to improve the criminal legislation and practice of its application.

scholarly journals Legal Protection for Victims of Corporate Crimes In The Employment Field at Palembang City

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Burhanuddin Burhanuddin
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Protection ◽  
Law Enforcement Officers ◽  
Criminal Sanctions ◽  
Corporate Executives ◽  
Alternative System ◽  
Criminal Penalties ◽  
The City ◽  
Economic Considerations

Criminal sanctions which are imposed on corporations committing employment crimes as provided inArticle 185 paragraph (1) of the Manpower Act are sufficiently burdensome, both for corporations andcorporate administrators, as the cumulative and alternative system of criminal imposition of criminalpenalties. It means that the corporate executives who commit crimes may be subject to imprisonmentor criminal penalties and both imprisonment and fine. But in practice law enforcement officers do notdirectly impose criminal sanctions in the form of imprisonment to corporate executives who commitcrimes in the field of employment in the city of Palembang. This is due to the tendency of lawenforcement officers to use the principle of subsidiarity, namely the criminal law placed in the ultimumremendium position, on the grounds of economic considerations, so that sanctions are imposed onlyadministrative sanctions and criminal penalties and close the normative rights of labor only. DOI: 10.15408/jch.v5i2.7087

Criminal Responsibility and the System of Sanctioning Juvenile Offenders in the Czech Republic and Hungary

2018 ◽  
Vol 18 (2) ◽  
pp. 237-250
Author(s):  
Bronislava Coufalová
Keyword(s):  
Czech Republic ◽  
Juvenile Offenders ◽  
Eastern Europe ◽  
Criminal Law ◽  
Large Scale ◽  
Criminal Responsibility ◽  
The Other ◽  
Criminal Career ◽  
The Czech Republic ◽  
Legal Literature

Abstract The criminal responsibility and the system of sanctioning juvenile offenders is one of fundamental criminal law issues. Individuals who start a criminal career early on are usually not easy to reintegrate into normal life. That is one reason why it is neces­sary to discuss the problem of juvenile justice in depth. The legal literature in the Czech Republic is devoted to this topic on a large scale, however Hungarian legislation has not yet been analysed fo purposes of comparation. The Czech Republic and Hungary fall under the United Nations categorization to Eastern Europe and therefore certain similar features can be assumed. On the other hand any identified differences may be the basis for future changes of the legislation.

Forms of implementation of criminal liability

2019 ◽  
pp. 68-76
Author(s):  
Валерий Федорович Лапшин ◽  
Сергей Александрович Корнеев
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Science Research ◽  
Scientific Study ◽  
Soviet Period ◽  
Criminal Punishment ◽  
Legal Literature ◽  
Broad Understanding

В настоящей статье затрагивается проблема определения сущности уголовной ответственности и форм ее реализации. Заявленный вопрос не получил достаточной научной проработки данного правового феномена и его содержательного соотношения с уголовным наказанием в советский период, и, к сожалению, в современной отечественной доктрине уголовного права до сих пор остается открытым. Анализ представленных в уголовно-правовой науке исследований по вопросам сущности уголовной ответственности позволяет сделать вывод, что большинство авторов признает в качестве основных форм ее практической реализации уголовное наказание и некоторые «иные меры» уголовно-правового характера, которые включены в объем мер правового воздействия, регламентируемого нормами уголовного закона. Однако в юридической литературе высказываются мнения о необходимости расширительного понимания форм реализации уголовной ответственности. Исходя из ряда формальных и материальных признаков, которые присущи каждому из перечисленных в работе институтов, в заключение авторы приходят к выводу о двух самостоятельных формах реализации уголовной ответственности: наказание и судимость. This article touches upon the problem of determining the essence of criminal responsibility and forms of its implementation. The stated question has not received sufficient scientific study of this legal phenomenon and its substantial relationship with criminal punishment in the Soviet period and, unfortunately, in the modern domestic doctrine of criminal law, still remains open. The analysis presented in the criminal law science research on issues of entity criminal liability leads to the conclusion that most authors recognize the main forms of implementation of criminal punishment and some “other action” of a criminal nature that are included in the scope of legal actions, regulated by norms of the criminal law. However, in the legal literature there are opinions on the need for a broad understanding of the forms of implementation of criminal responsibility. Based on a number of formal and material features that are inherent in each of the institutions listed in the work, in conclusion, the authors come to the conclusion about two independent forms of criminal responsibility: punishment and conviction.

Liability of minors in russian criminal law practice XVIII — first half of XIX century

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 242-249
Author(s):  
Alexander Sergeev ◽  
Ekaterina Bratukhina ◽  
Irina Kushova ◽  
Dmitriy Ovsyukov
Keyword(s):  
Juvenile Offenders ◽  
19Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Age Of Onset ◽  
Historical Aspects ◽  
Definition Of ◽  
Xix Century ◽  
The 19Th Century

The article examines the historical aspects of the evolution of the legislative definition of the age of onset of criminal responsibility and the specifics of sentencing juvenile offenders in the 18th and first half of the 19th century.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

Criminal law measures to combat provocation of crimes and falsification of criminals

2021 ◽  
pp. 127
Author(s):  
Viktor N. Borkov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Criminal Prosecution ◽  
Actual Problem ◽  
The Individual

The article examines the criminal-legal aspects of the actual problem of protecting the inviolability of the individual from the unacceptable activity of state representatives in the exercise of law enforcement functions. Topical issues for theory and practice of the legal nature of the provocation of crime and the falsification of criminals remain debatable. There are no unified approaches to the qualification of provocative and inflammatory actions and cases of "throwing" objects to citizens, for the turnover of which criminal responsibility arises, there is no theoretical justification for the criminal legal status of persons provoked to commit a crime. The article shows that the qualification of common cases of provocation of crimes and falsification of criminals according to the norms providing for liability for abuse of official authority, falsification of evidence or the results of operational investigative activities should be recognized as not accurate. At the same time, responsibility for these actions committed by subjects who are not officials, and without the participation of the latter, has not been established at all. The author proposes a draft criminal law provision providing for liability for inducing to commit a crime or its staging in order to illegally create grounds for criminal prosecution. The paper questions the approach according to which a person provoked by law enforcement officers to commit a crime is not subject to criminal liability regardless of the specifics of the encroachment.

Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

2018 ◽  
Vol 9 (1) ◽  
pp. 194
Author(s):  
Aibar S. NURKHAN
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
World Economy ◽  
Criminal Responsibility ◽  
Legal Framework ◽  
Criminal Code ◽  
Comparison Analysis ◽  
State Administration ◽  
The Law ◽  
The Republic

Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

An Assessment of the Impact of a Multipronged Approach to Reducing Problematic Pain Clinics in Florida

2016 ◽  
Vol 47 (2) ◽  
pp. 185-204 ◽  
Author(s):  
Jacinta M. Gau ◽  
Erika J. Brooke
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Law Enforcement Officers ◽  
Department Of Health ◽  
Florida Department ◽  
Pain Clinics ◽  
Opioid Diversion ◽  
The Impact ◽  
Depth Interviews ◽  
Combat Problems

The present research evaluates recent changes to Florida law and policy to reduce problematic pain clinics (pill mills) and criminal diversion of prescription opioids. These changes entailed a multipronged effort linking regulatory and criminal-law approaches. Quantitative data from the Florida Department of Health and qualitative data from in-depth interviews with law-enforcement officers assigned to pill-mill taskforces reveal steep declines in pain clinics and pill mills. Respondents credit some regulatory enhancements for the reduction, although they describe some interagency cooperation problems and emphasize that despite success, many troublesome establishments continue to operate. The results suggest that Florida’s effort to reduce opioid diversion by tightening regulatory restrictions and law-enforcement scrutiny illustrates a multiagency approach to a problem spanning public health and criminal justice. This could be an example for other states seeking to combat problems that cannot be effectively addressed using regulatory or criminal law alone.

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