scholarly journals «GANG» AS A FORM OF CRIMINAL COMPLIANCE IN PRE-REVOLUTIONARY CRIMINAL LEGISLATION (IN THE CONTEXT OF THE FOLLOWING TRANSFORMATION IN THE «BAND»)

2021 ◽  
Vol 6(72) (3) ◽  
pp. 142-149
Author(s):  
P.V. Maksimov
Keyword(s):  
The State ◽  
Armed Attack ◽  
Revolutionary Movement ◽  
Criminal Legislation ◽  
Criminal Gang

The article presents an analysis of the norms of pre-revolutionary criminal legislation (Code of Criminal and Correctional Punishments of 1885), regulating such a form of criminal complicity as a «gang». The article shows the position of the legislator, who actually brought together the elements of crimes committed by a criminal gang (primarily property robbery) and crimes against the state in the form of an armed attack on «volost and public administrations». The conclusion is made that, taking into account the strengthening of the revolutionary movement at the turn of the 19th and 20th centuries, the increased social danger of armed criminal gangs dictated the need to separate an independent corpus delicti, which was done, but after 1917, by the Soviet legislator in the form of banditry.

scholarly journals PROBLEMS OF SPECIFICATION OF CRIME RELATED TO THE INVOLVEMENT OF A MINOR IN CRIMINAL ACTIVITIES

2021 ◽  
Vol 6(72) (3) ◽  
pp. 150-157
Author(s):  
V. А. Merkazova
Keyword(s):  
The State ◽  
Armed Attack ◽  
Revolutionary Movement ◽  
A Minor ◽  
Criminal Legislation ◽  
Criminal Gang

The article presents an analysis of the norms of pre-revolutionary criminal legislation (Code of Criminal and Correctional Punishments of 1885), regulating such a form of criminal complicity as a «gang». The article shows the position of the legislator, who actually brought together the elements of crimes committed by a criminal gang (primarily property robbery) and crimes against the state in the form of an armed attack on «volost and public administrations». The conclusion is made that, taking into account the strengthening of the revolutionary movement at the turn of the 19th and 20th centuries, the increased social danger of armed criminal gangs dictated the need to separate an independent corpus delicti, which was done, but after 1917, by the Soviet legislator in the form of banditry.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

DEVELOPMENT OF UKRAINIAN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR TERRORISM

2017 ◽  
Author(s):  
Anastasiia Bedrata ◽  
◽  
Alina Nikolyuk ◽  
Keyword(s):  
Rapid Development ◽  
National Level ◽  
Global Scale ◽  
Criminal Code ◽  
The State ◽  
Political Position ◽  
National Minorities ◽  
Preventive Actions ◽  
Criminal Offenses ◽  
Criminal Legislation

The article examines the historical development and the process of formation of criminal legislation of Ukraine, the commission of criminal offenses in the field of terrorism. A comparative analysis of the criminal codes of 1927 1960 and 2001 was carried out in terms of articles that establish responsibility for a terrorist act. The question of differentiation of terrorist crimes from other similar ones is considered. These issues are becoming increasingly important in connection with the escalation of tensions both at the national level and in the international arena, in particular: due to the growth of radical adherents of religion, opponents of the current government in different countries, individuals of traditional views. refuse to accept the liberalization and empowerment of national minorities. However, despite the rapid development of the popularity of this issue on a global scale, special attention in this article should be focused on the development of national regulations on the issue of defining the concept of terrorism. Outline the preventive actions that the state of Ukraine can take to prevent the spread of these crimes. The urgency of this issue in Ukraine is due to various factors, and in particular: the unstable economic situation in the country, which depresses citizens, trampling them on a criminal path for easy profit; It is also worth noting the unstable political situation in the state, which leads to the emergence of opposition-minded citizens who are unable to be heard peacefully. At rallies and protests are forced to resort to more radical manifestations of their political position. As a result of the research conducted in the article, it was established how the national criminal legislation developed in terms of terrorist crimes, analyzed the content, established what disadvantages and advantages can be found in the criminal codes of 1927 1960 and 2001, proposed options for improving the legislation, as well as Proposals for Changing the Hierarchy of Values during the development of the new Criminal Code, the draft of which has already been developed on its own initiative. Groups of lawyers and scholars in the field of law.

The National Front (II)

2019 ◽  
pp. 254-285
Author(s):  
James Loughlin
Keyword(s):  
Northern Ireland ◽  
The State ◽  
National Front ◽  
Revolutionary Movement ◽  
Sectarian Violence ◽  
Irish Government ◽  
The Creation ◽  
The Government ◽  
Limited Scope ◽  
Advisory Role

This chapter assesses the state of the National Front as it sought to contribute to the loyalist/Unionist struggle against the imposition of the Anglo-Irish Agreement (AIA), an agreement reached between the British and Irish Governments, and which infuriated the loyalist and Unionist community as the Irish Government was given an advisory role in the governance of Northern Ireland, and worrying because it was uncertain whether and when such ‘influence’ would be instrumental or marginal. Opposition involved cooperation with loyalist paramilitaries but proved worrying when loyalist paramilitaries resorted to sectarian violence. For the NF, however, its already limited scope for action in Northern Ireland was reduced further by an internal split provoked by a new leadership cadre headed by Nick Griffin, which sought to turn the organisation into a revolutionary movement proposing the creation of an independent Ulster, and opposed by a ‘Flag’ faction which sought co-operation with Unionist and loyalist leaders. As Unionist opposition to the AIA failed and Government rejected its position that it would refuse to negotiate until the agreement was abandoned. By 1990 Unionist leaders had agreed to talks with the Government at the same time as divisions within the NF led to its collapse.

EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT

2020 ◽  
pp. 46-52
Author(s):  
S. V. Rozenko
Keyword(s):  
Criminal Policy ◽  
Criminal Code ◽  
The State ◽  
State Punishment ◽  
Legal Structure ◽  
Legal Nature ◽  
Definition Of ◽  
Criminal Legislation ◽  
Legal Character ◽  
Scientific Doctrine

The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacteristic of regulations and the formation of the criminal code of legal structure, where the punishment has ceased to be an obligatory consequence of the crime, as embodied and other measures of criminal-legal nature, like legal consequences of the crime. The essence of criminal punishment is recognized as a historically variable category, since it is determined by the objectives of criminal policy implemented by the state. Punishment includes legal restriction of the person, its rights and freedoms, but it is caused by system interaction with other measures of criminal-legal character.

PROBLEMS OF THEORY AND PRACTICE OF GOVERNMENTAL PROTECTION OF RIGHTS AND INTERESTS OF MINORS

2018 ◽  
pp. 149-156
Author(s):  
Mariya Sergeyevna Semikina
Keyword(s):  
Criminal Policy ◽  
Legal Protection ◽  
The State ◽  
Theory And Practice ◽  
Normative Documents ◽  
The Family ◽  
Rights And Interests ◽  
National Programs ◽  
A Minor ◽  
Criminal Legislation

We analyze normative documents of the Russian Federation, regulating the protection of the rights and interests of a minor, allowed to form some problems of his proper legal protection. In particular, we are talking about the presence of shortcomings inherent in the domestic criminal legislation, which, of course, generates further problems of law enforcement. Attention is focused on some, in our opinion, significant shortcomings, indicating the inconsistency of the essence and content of the normative provisions of modern directions of criminal law policy in terms of protection of minors from the most common socially dangerous attacks at the present time. Special attention is paid to the effectiveness of national mechanisms to ensure and protect the rights and interests of children through the implementation of national programs and projects. The plan of the main activities up to 2020, carried out within the framework of the Decade of childhood, presented for analysis, focuses on the neutralization of social and domestic problems. The complex of diverse measures has been developed and approved taking into account modern requirements to the process of full socialization of a teenager in the family, society and the state. However, against the background of the progressing unfavorable trends in the state program, the need to focus on the mechanism of prevention and combating criminal threats, the victims of which are children, is completely ignored. In this connection, it is concluded that it is necessary to improve the legislation acting as the basis of social and criminal policy for the protection of children.

scholarly journals Life imprisonment: a relic of the past or dira recessitas

2021 ◽  
Vol 108 ◽  
pp. 02020
Author(s):  
Maksim Anatolievich Tuliglovich ◽  
Aleksander Vitalievich Shvets ◽  
Nodar Shotaevich Kozaev ◽  
Boris Vasilyevich Epifanov ◽  
Suhrob Saidakhmad Narzullozoda
Keyword(s):  
Human Rights ◽  
Current System ◽  
Criminal Policy ◽  
The State ◽  
Constitutional Court ◽  
Life Imprisonment ◽  
Russian Science ◽  
European Court ◽  
Severe Punishment ◽  
Criminal Legislation

The existence of life imprisonment in the criminal legislation of Russia is assessed ambiguously both by representatives of Russian science and by foreign analysts. This problem is many-sided and ambiguous in its content. Its solution depends on a large number of variables, sometimes independent of the subject of analysis. These include trends in criminal policy, the state of crime in the state, and the related “punitive claims” of the population. The balance of Domestic and International Interests in ensuring Human Rights is the key idea in analyzing life imprisonment from the perspective of historical viability or reality. The purpose of the research was to clarify the place and role of life imprisonment in the current system of criminal punishment based on the analysis of doctrinal approaches, the practice of the Constitutional Court of the Russian Federation, the European Court of Human Rights, and statistical data. The work is based on the use of such general scientific methods of research as dialectical, statistical, comparative-legal and hermeneutic. The above methods are used in interaction to obtain a synergistic effect. In the course of the study, the “deterrent” mechanism of the most severe punishment in the criminal system was found to be sufficient. It is determined that life imprisonment is a necessary measure to ensure social justice, albeit cruel, but appropriate in today’s society.

scholarly journals Smuggling of migrants in Kosovo

2012 ◽  
Vol 2 (1) ◽  
pp. 216 ◽  
Author(s):  
MSc. Albulena Hajdari
Keyword(s):  
Statistical Method ◽  
Historical Materialism ◽  
The State ◽  
Frequent Occurrence ◽  
Important Place ◽  
Legal Science ◽  
Migrant Smuggling ◽  
Individual Family ◽  
Criminal Legislation

Smuggling of migrants, as a serious type of criminality, takes an important place in legal science and criminal legislation. This is due to the fact that actions creating the image of these criminal offences also cause numerous individual, family and societal consequences. Smuggling migrants, with all its consequences, attracts the attention not only of the state authorities, but also the wider public, and numerous researchers and scholars. Nevertheless, despite this fact, this phenomenon has not been studied thoroughly. There is a dire lack of such research in recent years, specifically because of the presence of such crimes in a relatively higher number. This circumstance, specifically the fact that in Kosovo, smuggling migrants is a frequent occurrence, made me engage in studying this type of criminality.The aim of this paper is to research on criminal offences of migrant smuggling in Kosovo, and especially their causes. The causes of these criminal offences may be of numerous natures, but the main causes may be sought in social and economic circumstances, and other conditions related to the unstable political setting, weaknesses in operations of justice authorities, lack of implementation of criminal legislation, etc.In researching the criminal offences of smuggling migrants, I have used the method of historical materialism, legal-dogmatic method, statistical method, complaint method and interviews, and the method of studying individual cases.In the case of addressing criminal offences of smuggling migrants, I have concluded that these offences represent a serious type of crime, thereby resulting in dire individual, family and societal consequences. They are found in all modern societies, including Kosovo.

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.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

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