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 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 Criminal Policy Challenges under Conditions of Hybrid War: Some Issues and Solutions from Ukraine

2016 ◽  
Vol 9 (2) ◽  
pp. 102-129
Author(s):  
Yevhen Pysmenskyy
Keyword(s):  
Policy Implementation ◽  
Criminal Law ◽  
State Policy ◽  
Criminal Behavior ◽  
Historical Memory ◽  
Criminal Policy ◽  
Special Focus ◽  
Hybrid Form ◽  
Hybrid War ◽  
Definition Of

Abstract This article studies the specifics of national criminal policy implementation under the influence of extraordinary geopolitical factors on it. Such policy will be reviewed with Ukraine serving as an appropriate example. This country has been recently forced to adjust its own ways of implementation of the state policy against crime based on atypical modern challenges and threats. This refers to the special nature of a hybrid war, which has been actively fought on the territory of Ukraine since 2014. The author examines two key areas of criminal policy (definition of the limits of criminal behavior and establishing criminal law consequences of the committed offenses), implemented under the extraordinary circumstances of hybrid war. Symptomatic features of the hybrid form of foreign aggression are defined in the piece. At the same time, options of criminal law in combating and preventing such aggression are researched. Special focus is placed on new acts that have been criminalized as well as those that might need further criminalization. Attention is paid to the issues of criminal law protection of national and historical memory, and to the concept of journalism related crimes. The importance of amnesty as an effective tool to resolve conflicts between individual and state is also emphasized in the article.

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 Pemidanaan Tindak Pidana Perikanan Berbasis Kerugian Ekonomi

2011 ◽  
pp. 39-51
Author(s):  
Nurul Hudi
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Sanctions ◽  
Criminal Penalties

Fisheries criminal law enforcement is part of criminal policy or criminal policyIn Law Number 31 of 2004 in conjunction with Law Number 45 of 2009 concerning Fisheries. The type of punishment known is only the principal punishment, namely imprisonment and fines. This law does not use additional penalties.In punishing the perpetrators of fisheries crimes, it must be understood more deeply and the basis of the punishment must be known.One of the efforts to overcome crime is to use criminal law with criminal sanctions. However, this effort is still often questioned. Punishment is more oriented to the perpetrator while the losses from criminal acts are sometimes neglected. Criminal law policies in the field of fisheries, especially those related to punishment or criminal penalties, must also consider losses from the economic, social and sustainability aspects of fisheries.

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.

Development and Status of Economic Criminal Law in Germany

2014 ◽  
Vol 15 (4) ◽  
pp. 693-718
Author(s):  
Marc Engelhart
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Policy ◽  
Economic Crime ◽  
The Public ◽  
The Past ◽  
Illegal Behavior ◽  
The Status ◽  
Recent Developments ◽  
Made In

During the past decade, economic crime has been in the public focus in Germany like never before. Major cases, such as the embezzlement proceedings against former Deutsche Bank CEO Ackermann—the so-calledMannesmannproceedings—or the corruption incidents within the Siemens group, have shed more light on illegal behavior in the economic sector. These cases revived an interest in economic criminal law that had not been present since the 1980s when the first wave of economic crime regulation after the establishment of economic criminal law as an academic subject and as a central part of criminal policy had passed. This article analyzes the status and development of economic criminal law. First, it will deal with criminological aspects before turning to the forces in economic crime development. Second, it will examine the changes made in substantive, procedural, and soft law. It includes recent developments, such as the privatization of public investigations and the concept of compliance, as a means to prevent and discover criminal behavior.

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.

scholarly journals TOWARDS MINIMUM PROCEDURAL GUARANTEES FOR THE DEFENCE IN CRIMINAL PROCEEDINGS IN THE EU

2011 ◽  
Vol 60 (4) ◽  
pp. 1017-1038 ◽  
Author(s):  
Laurens van Puyenbroeck ◽  
Gert Vermeulen
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Criminal Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Criminal Proceedings ◽  
Judicial Cooperation ◽  
Democratic Rule ◽  
Constitutional System ◽  
The Eu

A critical observer would not deny that the practice of European Union (‘EU’) policy making in the field of criminal law in the past decade since the implementation of the Tampere Programme has been mainly repressive and prosecution-oriented.1 The idea of introducing a set of common (minimum) rules, guaranteeing the rights of defence at a EU-wide level, has not been accorded the same attention as the introduction of instruments aimed at improving the effectiveness of crime-fighting. What does this mean for the future of EU criminal policy? Will the EU succeed in the coming years in developing an area where freedom, security and justice are truly balanced? According to several authors, to date the EU has evolved in the opposite direction. As one observer put it:[I]f Procedural Criminal Law arises from the application of Constitutional Law, or indeed if it may be described as “a seismograph of the constitutional system of a State”, then as a consequence the Procedural Criminal Law of the European Union shows the extent of the Democratic Rule of Law, of the existence of a true “Rechtsstaat”, within an integrated Europe. This situation may be qualified as lamentable, as the main plank of the EU's criminal justice policy relates to the simplification and the speeding up of police and judicial cooperation—articles 30 and 31 of the Treaty of the EU—but without at the same time setting an acceptable standard for fundamental rights throughout a united Europe.2

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

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