scholarly journals ABOUT THE MEANING OF CRIMINAL PUNISHMENT. ANSWER OF PROFESSOR S. G. OLKOV TO СOUNT L. N. TOLSTOY. (120 YEARS LATER)

2021 ◽  
Vol 6(72) (3) ◽  
pp. 391-401
Author(s):  
O. A. Olkova
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Practical Significance ◽  
Late Nineteenth Century ◽  
Complex Nature ◽  
Scientific Article ◽  
Criminal Punishment ◽  
Legal Science ◽  
Criminal Penalties ◽  
In The Beginning

The purpose of the scientific article is to show the statement of the fundamental world problem about the meaning of criminal punishment by the outstanding Russian writer L. N. Tolstoy in 1899 in the work «Sunday», and its exact practical solution by Professor S. G. Olkov in 2019 in the article «on explaining the nature of criminal law relations». Scientific methods: observation, comparison, methods of mathematical analysis, probability theory and mathematical statistics. Scientific result: 1) it is proved that the value of criminal penalties is not axiomatic; 2) it is proved that the great Russian thinker L. N. Tolstoy managed in the late nineteenth century to formulate precisely the main problem of the world of criminal policy, but failed to solve it in the absence in his time the precise legal science, which emerged in the beginning of the twenty-first century; 3) it is proved that the fundamental historical problem of the meaning and value of criminal penalties was exactly solved by mathematical means, by Professor S. G. Olkov, in the beginning of the XXI century; 4) the author’s flowchart discloses the consequences of erroneous and accurate creation and application of criminal law norms. Practical significance: the obtained scientific results, presented in an accessible form, allow the General scientific community, politicians, students and other interested persons to understand the complex nature and meaning of criminal law relations; avoid numerous theoretical and practical errors in explaining, predicting and managing criminal behavior; understand the importance of accurate legal science in solving fundamental problems of humanity, creating a more perfect and healthy society.

scholarly journals APPLICATION OF LEGAL CONSTRUCTIONS OF INTERCONNECTION OF OBJECTS WITHIN THE CONCEPT OF A SINGLE PROPERTY OBJECT

2021 ◽  
Vol 6(72) (3) ◽  
pp. 402-408
Author(s):  
E. G. Semenova
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Policy ◽  
Practical Significance ◽  
Late Nineteenth Century ◽  
Complex Nature ◽  
Scientific Article ◽  
Legal Science ◽  
Criminal Penalties ◽  
In The Beginning

The purpose of the scientific article is to show the statement of the fundamental world problem about the meaning of criminal punishment by the outstanding Russian writer L. N. Tolstoy in 1899 in the work «Sunday», and its exact practical solution by Professor S. G. Olkov in 2019 in the article «on explaining the nature of criminal law relations». Scientific methods: observation, comparison, methods of mathematical analysis, probability theory and mathematical statistics. Scientific result: 1) it is proved that the value of criminal penalties is not axiomatic; 2) it is proved that the great Russian thinker L. N. Tolstoy managed in the late nineteenth century to formulate precisely the main problem of the world of criminal policy, but failed to solve it in the absence in his time the precise legal science, which emerged in the beginning of the twenty-first century; 3) it is proved that the fundamental historical problem of the meaning and value of criminal penalties was exactly solved by mathematical means, by Professor S. G. Olkov, in the beginning of the XXI century; 4) the author’s flowchart discloses the consequences of erroneous and accurate creation and application of criminal law norms. Practical significance: the obtained scientific results, presented in an accessible form, allow the General scientific community, politicians, students and other interested persons to understand the complex nature and meaning of criminal law relations; avoid numerous theoretical and practical errors in explaining, predicting and managing criminal behavior; understand the importance of accurate legal science in solving fundamental problems of humanity, creating a more perfect and healthy society.

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 IDENTITY OF THE OFFENDER AS AN ELEMENT OF THE FORENSIC CHARACTERISTIC OF THE CRIME

2020 ◽  
pp. 187-190
Author(s):  
Yu. A. Chaplynska
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Relevant Information ◽  
Scientific Article ◽  
Forensic Investigation ◽  
Criminal Offenses ◽  
Initial Stage ◽  
Crime Investigation ◽  
Characteristic Features ◽  
Investigation Process

The scientific article deals with some aspects of crime investigation. The identity of the offender is considered as an element of forensic characteristics. Investigating the identity of the offender provides the investigation with a number of additional features. The identity of the offender as an element of forensic characteristics is a set of socially significant features and attitudes that characterize a person guilty of violating the criminal law, in combination with other conditions and circumstances affecting his criminal behavior. In particular, the information about it allows to distinguish the data necessary for the organization of the most effective search of the person who committed the crime, and subsequently – its exposition, provide elimination of the causes and conditions of committing criminal offenses and their recidivism. And during the conduct of investigative (search) actions – the possibility of effective establishment of psychological contact, the use of appropriate tactical techniques. In order to construct an effective forensic characteristic, elements must be identified that have a clear investigative focus and can help determine further directions of the investigation. Therefore, it is indisputable to distinguish in the structure of forensic characteristics of crimes such component as the person of the offender. By identifying its characteristic features, it becomes possible to build versions at the initial stage of the investigation, to use certain tactical techniques in the course of procedural actions. A forensic investigation of an individual consists of establishing forensically relevant information about the offender and other participants in the investigation process. Investigation of the identity of the offender as an element of forensic characteristics, allows to accumulate in the portrait of the likely offender his characteristic features. Creating a forensic portrait is important enough for the whole investigation process. In any case, it allows you to put forward certain versions and search for the person who disappeared from the scene, as well as the possibility of qualitative procedural actions.

scholarly journals Efektivitas Penerapan Hukuman Terhadap Pelaku Tindak Pidana Maisir Dalam Qanun Nomor 6 Tahun 2014

2017 ◽  
Vol 1 (3) ◽  
pp. 107-118
Author(s):  
Ridha Hidayatullah ◽  
A. Hamid Sarong ◽  
Dahlan Ali
Keyword(s):  
Criminal Law ◽  
Criminal Punishment ◽  
Legal Research ◽  
Criminal Penalties ◽  
The Law ◽  
Banda Aceh

Qanun Nomor 6 Tahun 2014 tentang Hukum Jinayat sebagai bentuk penyempurnaan dari qanun sebelumnya. Salah satu tindak pidana dalam qanun tersebut adalah maisir. Tindak pidana maisir diatur pada Pasal 18, Pasal 19, Pasal 20, Pasal 21, dan Pasal 22. Dalam pasal-pasal di atas telah ditentukan batasan hukuman minimal dan maksimal terhadap pelaku, tergantung pada nilai taruhan. Pada penelitian ini terdapat dua rumusan masalah: Mekanisme pelaksanaan hukuman terhadap pelaku tindak pidana maisir dan efektivitas penerapan hukuman terhadap pelaku tindak pidana maisir di Banda Aceh. Penelitian ini bertujuan untuk menjelaskan dan menganalisis pentingnya mekanisme pelaksanaan hukuman terhadap pelaku tindak pidana maisir dalam Qanun Jinayat dan efektivitas penerapan hukuman terhadap pelaku tindak pidana maisir di Banda Aceh. Penelitian ini menggunakan metode penelitian hukum empiris dengan jenis penelitian yuridis empiris. Pendekatan dalam penelitian ini adalah pendekatan perundang-undangan (statute approach). Hasil penelitian menunjukkan bahwa mekanisme penyelidikan, penyidikan, penuntutan dan putusan terhadap pelaku tindak pidana maisir berjalan sesuai dengan ketentuan yang berlaku. Penerapan hukuman terhadap terpidana maisir dalam wilayah hukum Banda Aceh berjalan efektif.Qanun Number 6, 2014 on the Law Jinayat (islamic criminal law) as the revision of the previous qanuns. Maisir (gambling) is regulated by Articles 18, 19, 20, 21, 22. This is not set in the previous qanun. This research, are going to rise the problems, namely: The mechanism of punishment for gamblers and the effectiveness of the application of criminal penalties against gambling in Banda Aceh. This study aims to describe and analyze the importance of the implementation mechanisms of the criminal punishment of gambling in qanun jinayat and effectiveness of the application of criminal penalties against gamblers in Banda Aceh. This is empirical legal research with empirical juridical kind. The approach in this study is the approach of law (statute approach). The findings show that the mechanism of inquiry, investigation, prosecution and judgment to the criminal run in accordance with applicable regulations. The application of the punishment against the convicted gamblers in the jurisdiction of Banda Aceh has not been effective.

scholarly journals REVIEW ON THE MONOGRAPH BY DENIS A. DOBRYAKOV “THE SYSTEM AND TYPES OF CRIMINAL PUNISHMENTS IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KOREA”. MOSCOW, YURLITINFORM PUBL., 2020. 192 р.

2020 ◽  
Vol 24 (3) ◽  
pp. 801-805
Author(s):  
Vladimir A. Utkin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Republic Of Korea ◽  
Criminal Punishment ◽  
Legal Science ◽  
The Russian Federation ◽  
The Republic

The review of the monograph by the candidate of legal sciences Denis A. Dobryakov “The System and Types of Criminal Punishment in the Russian Federation and the Republic of Korea” reveals and evaluates content of the study’s key results. In addition to the analysis of the work, the review outlines some provisions that require additional attention of the author. In general, it can be noted that the monograph is of value to legal science and can serve as the basis for subsequent studies in the field of comparative criminal law.

History of criminal punishment in the form of a fine in the criminal law of Mongolia

2019 ◽  
pp. 96-101
Author(s):  
Жамбалрагчаа Энхтур
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Historical Changes ◽  
Ancient Source ◽  
History Of ◽  
Criminal Penalties

В статье рассматривается история становления и развития штрафа как уголовного наказания в уголовном и уголовно - исполнительном законодательстве Монголии. Несмотря на существование более суровых видов уголовного наказания, штраф как вид уголовного наказания всегда присутствовал в законодательстве Монголии. Первое упоминание о штрафе как уголовном наказании, можно встретить в уже древнем источнике права Монголии - в Великой Ясе. Проведена периодизация этапов совершенствования штрафа как уголовного наказания в уголовно - исполнительном праве Монголии, связанная с основными историческими переменами в жизни Монгольского государства. Основные изменения в содержании штрафа нашли отражение в основных правовых и уголовно - правовых источниках, таких как Великая Яса, Уголовное уложение Монгольской Народной Республики 1922 г., 1929 г. Уголовный кодекс МНР 1942 г, 1961 г. Уголовный кодекс Монголии 1993 г., 2017 г. The article deals with the history of the formation and development of the fine as a criminal punishment in the criminal Executive legislation of Mongolia. Despite the existence of more severe criminal penalties, the penalty as a form of criminal punishment has always been present in Mongolian legislation. It is noted that the first mention of the fine as a criminal punishment can be found in the ancient source of law of Mongolia - in the great Yasa. The periodization of the stages of improving the fine as a criminal punishment in the criminal Executive law of Mongolia, associated with the main historical changes in the life of the Mongolian state. The main changes in the content of the fine was reflected in the basic legal and criminal sources such as the Great Yasa, the Criminal Code of the Mongolian People's Republic, 1922, 1929 the Criminal Code of Mongolia, 1942, 1961, Criminal Code of Mongolia of 1993, 2017.

scholarly journals CONTROVERSIAL ISSUES ON THE QUALIFICATION OF POST-CRIMINAL BEHAVIOR

2019 ◽  
Keyword(s):  
Criminal Law ◽  
Subject Matter ◽  
Criminal Behavior ◽  
Criminal Code ◽  
Controversial Issues ◽  
Legal Assessment ◽  
Crime Commission ◽  
Legal Enforcement ◽  
Legal Science ◽  
The Subject

The paper is focused on studying such a category of modern criminal law of Ukraine as “qualification of post-criminal behavior”. It has been noted that it reflects the sequence, procedure and consequences of the criminal assessment of the actions or omission of a person after the committed crime, which are not covered by corpus delicti of the committed crime. The authors have stated that post-criminal behavior, along with criminal behavior (a crime), is now included into the structure of the subject matter of criminal law. Therefore, persons carrying out legal enforcement must be properly aware of the specifics of its legal assessment. Post-criminal behavior (for example, evasion of court hearings, person’s active repentance, compliance with or violation of admission by bail conditions or probation conditions, conscientious conduct, reconciliation with the victim, etc.) can be both positive, and negative. The first entails favorable criminal consequences for the person who committed the crime in the form of abolishing or reducing the restrictions of his or her rights and freedoms caused by the crime commission. The second, entails additional such restrictions or deprivation of certain rights within criminal relations. It has been stated that the issues of qualification of post-criminal behavior of a person have not been developed by legal science yet. It has been offered to apply the theory of qualification of a crime in this field of research. Typical stages and phases of post-criminal behavior qualification have been determined. The qualification of post-criminal behavior has been defined as establishment of the identity of actions or omission of a person after committing a crime to the features of post-criminal behavior’s corpus delicti, set in the disposition of the relevant norm of the Criminal Code, and adopting an act, which establishes such identity and determines the possibility of applying criminal consequences to a person provided by such norm.

scholarly journals About individual aspects of the development of the institution of punishment in the criminal code of RSFSR 1960

2019 ◽  
Vol 15 (1) ◽  
pp. 31-37
Author(s):  
Stanislav Vasilyevich Rozenko
Keyword(s):  
Criminal Law ◽  
Social Protection ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Soviet State ◽  
Criminal Penalties ◽  
Systematic List

The article analyzes the conceptual aspects of the development of the institution of criminal punishment established by the Criminal code of the RSFSR in 1960 as a criminal act of the Soviet state, which formulated a new content of the institution of punishment based on the principles of Soviet law. Fixing in the Criminal code of the RSFSR of 1960 of punishment is a consequence of final refusal of measures of social protection in the Soviet criminal law. Punishment was defined not only as punishment for the committed crime, but also pursued the purposes of correction and re-education of convicts in the spirit of honest attitude to work, accurate execution of laws, respect for the rules of socialist community, as well as prevention of committing new crimes by both convicts and other persons. In the criminal code of the RSFSR was established a systematic list of types of criminal penalties; defined the rules of sentencing and release from punishment. This systematization of the measures of criminal repression used by the Soviet state was carried out in the form of outlining the types of punishments from the most severe to the milder, some of which were borrowed from other branches of law.

CODIFICATION PROBLEMS OF NECESSARY DEFENSE AFFECTING ITS IMPLEMENTATION

2020 ◽  
Vol 10 (3) ◽  
pp. 155-163
Author(s):  
PETRUSHENKOV ALEXANDR ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Educational Institutions ◽  
Scientific Article ◽  
Teaching Staff ◽  
Self Defense ◽  
Special Part ◽  
The Russian Federation ◽  
Legislative Activities

Objectives. The goal of scholarly research is to develop proposals for amendments in criminal law General and Special part of Criminal code of the Russian Federation governing self-defense. The scientific article identifies legislative gaps and contradictions that hinder the effective implementation of the necessary defense and require prompt solutions. Methods. The article analyzes such concepts as “self-defense”, “public assault”, “excess of limits of necessary defense”, “violation of the conditions of lawfulness of necessary defense”, “surprise assault”, “rights defending or other persons, interests of the state”. The use of logical and comparative legal methods allowed us to develop proposals for making changes to the criminal law norms that establish the necessary defense. Conclusions. The article shows the conflicts and gaps legislative recognition of self-defense and, in this regard, the complexity of its implementation in the articles of the Special part of the Criminal code of the Russian Federation and practical application. Changes are proposed to the criminal law norms regulating the necessary defense, both in the General and in the Special part of the Criminal code of the Russian Federation. Sense. The content of the scientific article can be used by the teaching staff of higher educational institutions when teaching the course “Criminal law”. The results of the work can be useful to persons who carry out legislative activities in the field of criminal law. The leitmotif of the article can be used in the preparation of dissertation research.

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