Crime in Esports – Criminal Law Considerations

2021 ◽  
pp. 90-97
Author(s):  
Krasnova K. A. ◽  
Keyword(s):  
Criminal Law ◽  
Rapid Development ◽  
High Tech ◽  
Potential Growth ◽  
Traditional Sports ◽  
Criminal Protection ◽  
Fierce Competition ◽  
Electronic Doping ◽  
Almost All ◽  
Criminal Legislation

The phenomenon and development of modern digital technologies put imprint on almost all life spheres, including sports. Over the past years, there have been a rapid development of a new sport and a new direction of the sports business, i. e., esports, which, unlike traditional sports, is causally relating to information and telecommunication technologies and intellectual property. The Regulations on esports adopted in 2020 by the Ministry of Sports of the Russian Federation, expanded the concept of sport by officially recognizing esports as an independent sport. Today, esports is a fast-growing high-tech industry with an ever-growing global audience and a significant number of computer companies and stakeholders involved, which are usually in fierce competition with each other. Nevertheless, despite rapid transformation into the mainstream, this industry is faced with both traditional criminal law concerns and specific inherent to esports problems, which can hinder its potential growth. All the aforesaid suggests that the boundaries of sport are constantly expanding likewise the legal relations regulated in the digital era by criminal legislation, as well as the related law enforcement issues. At the same time, it must be acknowledged that the current legislation is imperfect, and the issues of countering illegal methods of influencing the results of computer sports competitions and electronic doping, fraud and corruption, as well as criminal protection of copyright and related rights, problems of the ratio of criminal and non-criminal in esports are understudied by experts.

KRIVIČNOPRAVNA ZAŠTITA ŽIVOTNE SREDINE U ZAKONODAVSTVU REPUBLIKE SRBIJE I STANDARDI EVROPSKE UNIJE

2021 ◽  
pp. 297-312
Author(s):  
Višnja Randjelović ◽  
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Criminal Code ◽  
The European Union ◽  
Criminal Offenses ◽  
Domestic Legislation ◽  
Social Visibility ◽  
Criminal Protection ◽  
Legislative Activities ◽  
Criminal Legislation

With the raising of the social visibility of numerous forms of injury and endangerment of the environment, as well as the raising of people's awareness of the need for wider and more intensive environmental protection, a special group of crimes aimed exclusively at environmental protection is being formulated. Criminal protection of the environment should be viewed through the basic three characteristics of criminal law - its fragmentation, accessory and subsidiarity in order for this protection to be justified and to represent the ultima ratio in environmental protection. This position is taken both in the national criminal legislation and at the level of the European Union, within the framework of whose rich legislative activities in this field the states are again appealed to criminalize and prosecute crimes against the environment, when other measures of social reaction to damage and destruction of the environment does not give satisfactory results. Comparing the criminal offenses against the environment contained in the Criminal Code of Serbia with the actions whose incrimination is proposed within the EU regulations, it can be noticed that the domestic legislation is essentially harmonized with EU law. What remains "uncovered" is criminal law protection against noise, given that noise protection is regulated in domestic legislation within the framework of misdemeanor law.

scholarly journals New solutions in the juvenile criminal law in the light of the restorative justice

Temida ◽  
2007 ◽  
Vol 10 (1) ◽  
pp. 15-23
Author(s):  
Dragan Jovasevic
Keyword(s):  
Restorative Justice ◽  
Criminal Law ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Efficient System ◽  
Criminal Sanctions ◽  
The Law ◽  
Criminal Protection ◽  
Criminal Legislation ◽  
The Way

New criminal legislation got into force in Serbia at the beginning of 2006. In that way, Serbia got unique Criminal Code which includes all provisions of material criminal law except provisions related to the criminal position of juveniles. System of criminal sanctions for juvenile off enders, procedure for their imposition and the way, procedure and terms for their execution are regulated by the provisions of the separate law - the Law on juvenile off enders and criminal protection of juveniles. Some of the most important novelties introduced by new juvenile criminal law are system of diversion, i.e. system of diversion orders, which aim at excluding the imposition of criminal sanctions in the cases when criminal sanction is not necessary from the perspective of crime suppression. Bearing that in mind, this paper is dedicated to forms of diversion orders as a form of measures that lead to more efficient system of restorative justice within our new juvenile criminal legislation. .

scholarly journals The problems of criminal protection of persons in Ukraine

2020 ◽  
pp. 50-57
Author(s):  
Serhii Kirienko
Keyword(s):  
Criminal Law ◽  
Elderly Person ◽  
Legal Protection ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Voluntary Consent ◽  
Criminal Protection ◽  
Definition Of ◽  
A Minor ◽  
Criminal Legislation

The article is devoted to the problems of criminal legal protection of a person in Ukraine. The number of articles of the Criminal Code of Ukraine (for example, Articles 115, 116, 117, etc.) do not take into account the specific features of those socially dangerous acts, for which they provide for liability, which does not allow to provide them with adequate criminal law assessment. The author analyzed the components of individual crimes that affect the life, health, sexual freedom and sexual integrity of a person. Based on the study, conclusions were made on the need for changes and additions to the current criminal legislation of Ukraine. It is proposed to understand murder as the most intentional unlawful infliction of death of another person and to abandon the term «murder through negligence», replacing it with «infliction of death through negligence» in Art. 119 of the Criminal Code of Ukraine. In this regard, it is proposed to replace the term «premeditated murder» with «murder» in Articles 115, 116, 117, 118 of the Criminal Code of Ukraine. It is also proposed to provide in Part 2 of Art. 115 of the Criminal Code of Ukraine as qualifying features of a crime murder of a minor, elderly person and representatives of other vulnerable categories of the population. The article points out the inexpediency of using the term «systematic» for actions for which liability is provided in Articles 116 and 120 of the Criminal Code of Ukraine, as it deprives them of the possibility of their application in the case of a single act, proposes a new version of Articles 116, 117 and 120 of the Criminal Code. while the latter contains a definition of «suicidal tendencies». The author proposes to exclude Art. 126-1 of the Criminal Code of Ukraine, as it is incorrectly drafted, contains ambiguous terms and duplicates existing criminal law. A new version of the disposition of Part 1 of Art. 152 of the Criminal Code of Ukraine is proposed and indicated the need to take into account the voluntary consent of a person under 14 years of age in the classification of crimes against sexual freedom and sexual integrity of a person. Key words: crime, responsibility, qualification, term.

scholarly journals Development of the Organizational Resources towards Innovation Strategy and Innovation Value: Empirical Study

2019 ◽  
Vol 64 ◽  
pp. 108-119
Author(s):  
Pai-Chin HUANG ◽  
Chia-ling YAO ◽  
Scott CHEN
Keyword(s):  
Business Performance ◽  
Rapid Development ◽  
Innovation Strategy ◽  
High Tech ◽  
Competitive Advantages ◽  
Organizational Resources ◽  
High Tech Industry ◽  
Retrieval Rate ◽  
Positive Correlations ◽  
Fierce Competition

In face of currently economic globalization and rapid development of knowledge, the competition in high-tech industry has developed from regionally to globally. The fierce competition has the technology and knowledge of high-tech industry no longer the exclusive advantages. A high-tech business has to constantly innovate and establish unique resources and pursue better business performance in the business activity to remain the competitive advantages. When drafting and executing innovation strategy, a high-tech business should first measure the internal/external environment and business objectives and consider the organizational resources to propose proper coping strategy. Aiming at employees of high-tech industry in Fujian Province, 380 copies of questionnaire are randomly distributed, and 241 valid copies are retrieved, with the retrieval rate 63%. The retrieved questionnaire data are analyzed with statistics software. The results show notably positive correlations between 1.organizational resources and innovation strategy, 2.innovation strategy and innovation value, and 3.organizational resources and innovation value. According to the results, the proposed suggestions are expected to provide reference for high-tech businesses adjusting the organizational resources to match the innovation strategy so as to assist in the business management.

scholarly journals On the Socio-Legal Conditionality of Criminal Combating of Crimes Involving the Use of Electronic Technologies in Russia and China

2021 ◽  
Vol 2 ◽  
pp. 30-35
Author(s):  
Valeriy A. Lyutov ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Practical Significance ◽  
High Tech ◽  
Legal Analysis ◽  
Republic Of China ◽  
Criminal Legislation ◽  
Electronic Technologies

Purpose. This research is aimed at identifying the reasons for the social and legal conditionality of establishing criminal bans committed using electronic technologies in Russia and China. Based on this, it is reasonable to study the socio-legal conditionality of establishing criminal liability in the field of electronic technologies, since in the absence of a system of knowledge about public relations protected by criminal law, as well as the environment in which the relevant normative decision was made, it is impossible to fully analyze its content and potential effectiveness. Methodology: general scientific and private scientific methods of cognition: analysis, synthesis, formal logical, formal legal, comparative legal. Conclusions. The need for criminal law protection of the sphere of high-tech circulation from criminal attacks is due to its influence on the existing structure of public relations and the emergence of new threats to the state, public and personal security of citizens. The public danger of crimes committed with the use of electronic technologies has qualitative differences from the negative impact on public relations arising from the use of historically established methods of illegal behavior. Crimes committed with the use of electronic technologies have received a criminal-legal characterization in the legislation of Russia and China insofar as there are new threats to public relations arising from the circulation of computer information and its use for commercial and non-commercial purposes. Scientific and practical significance. The significance of the research is that for the first time a comparative legal analysis of the criminal legislation of the Russian Federation and the People’s Republic of China is conducted in terms of establishing responsibility for crimes committed using electronic technologies. The practical significance of the research lies in the legislative activity of the two countries, by improving the processes of unification and differentiation of criminal law prohibitions related to the use of electronic technologies.

scholarly journals Improving the effectiveness of prevention in the context of the limits of the criminal law

2021 ◽  
Vol 108 ◽  
pp. 02011
Author(s):  
Olesya Viktorovna Zaitseva ◽  
Irina Vladimirovna Polikarpova ◽  
Kazbek Muhamedovich Khutov ◽  
Dmitriy Viktorovich Zaitsev
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Rapid Development ◽  
Criminal Cases ◽  
Psychological Analysis ◽  
Economic Transformations ◽  
Criminal Legislation ◽  
First Time ◽  
Intentional Acts

The rapid development of information and telecommunications technologies, the transformation of public relations caused by permanent socio-economic transformations which are happening in Russia and the world, result in numerous changes in criminal legislation and, as a result, problems associated with the establishment of spatial and temporal boundaries of criminal behavior. The purpose of the study is to develop practical recommendations aimed at improving the effectiveness of the preventive impact of criminal law by identifying the factors that determine the mentioned characteristics of a socially dangerous act. To solve these problems, the authors used the criminological tools of the study (the Bayesian method of time series forecasting, methods of questionnaires, and psychological analysis of criminal cases). In the article, for the first time, the problem of improving the effectiveness of criminal law prevention is considered in the context of the mechanism of individual criminal behavior. This allowed establishing that the spatial and temporal characteristics of a socially dangerous act do not depend on the structure of the crime, as it is considered in criminal science, but on the form of the offender’s guilt. The criminological understanding of the crime allowed the authors to formulate proposals for improving the current criminal legislation and the practice of its application. The authors believe that in the case of intentional acts, when determining the optional features of the objective aspect of the crime, it is necessary to consider the place of full implementation of all the planned actions by the person, regardless of the place of occurrence of socially dangerous consequences. In the case of careless criminal encroachments, the territorial parameters of the occurrence of the criminal result should play a defining role. This article also describes the author’s position on the place of commission of continuing and remote offenses.

scholarly journals Cybercrimes in the Russian Federation: Criminological and Criminal Law Analysis of the Situation

2019 ◽  
Vol 13 (3) ◽  
pp. 416-425
Author(s):  
Alexander Korobeev ◽  
Roman Dremlyuga ◽  
Yaroslava Kuchina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Communication Systems ◽  
Rapid Development ◽  
Information Space ◽  
High Tech ◽  
Economic Damage ◽  
The Internet ◽  
Cyber Threats ◽  
The Russian Federation

The rapid development of communication systems and the use of computer equipment for the exchange of information lead to the emergence of new social relations that require criminal law protection. The Russian Federation does not stay away from this, and although it joined the high tech race late, the development of its legal norms in this sphere follows global trends. Law aimed at counteracting cybercrimes is no exception. The emergence of the global information space gives rise to previously unknown threats to national and international security. Key characteristics of information space, such as its trans-border character, anonymity, speed, difficulty of identifying the actor in the network have led to the growth in the number of IT users and increased the attractiveness of the information infrastructure from the standpoint of using the Internet for criminal purposes. Counteracting these threats has become an important element of the complex of measures to ensure security at the national and the global levels. The authors of the article present the comparative evaluation of the level of cyber-threats in Russia, offer a generalized assessment of the place that cybercrimes hold among other global threats and of the economic damage inflicted by cybercrimes. They examine the key sources of cyber threats, the critical problems and technologies. The authors also make a prediction of the possible threats associated with the introduction of artificial intelligence systems. Besides, they carry out the analysis of the current criminal law norms which prohibit illegal activities in the Internet and pay attention to the debatable scientific and practical issues.

scholarly journals SUSPENDED SENTENCE IN CRIMINAL LEGISLATION OF THE REPUBLIC OF SERBIA

2017 ◽  
pp. 385
Author(s):  
Dragana Spasić
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Statistical Data ◽  
Criminal Sanctions ◽  
Judicial Practice ◽  
Time Periods ◽  
The Republic ◽  
Almost All ◽  
Criminal Legislation ◽  
Political Economic

Suspended sentence, as a cautionary measure, is one of the most frequently applied criminal sanctions. As such, it exists in almost all modern legislations. In this paper, after providing a brief overview of the historical development of the suspended sentence, the author analyzes the concept of a suspended sentence in the criminal law of the Republic of Serbia, by focusing on the concept and characteristics of suspended sentence, conditions for imposing a suspended sentence, revocation of a suspended sentence, as well as a suspended sentence with protective supervision. The second part is dedicated to the application of suspended sentence in domestic judicial practice. On the basis of statistical data, the author presents a comparative overview of the frequency of pronouncing suspended sentence in three time periods (the 1970s, the 1990s, and after the democratic changes in 2000), which were marked by different political, economic and other societal characteristics.

scholarly journals The Penal Policy Formulation in Cyberporn Crime Countermeasures

2021 ◽  
Vol 10 (1) ◽  
pp. 26
Author(s):  
I Made Wirya Darma
Keyword(s):  
Criminal Law ◽  
Rapid Development ◽  
Criminal Code ◽  
Policy Formulation ◽  
Internet Technology ◽  
Colonial Era ◽  
Penal Policy ◽  
Electronic Transactions ◽  
The Press ◽  
Criminal Legislation

Criminal law reform must refer to the penal policy. The penal policy can be interpreted as holding a selection to achieve the best results of criminal legislation that meets the requirements of justice and effectiveness. Penal policy in the eradication of cyberporn is always associated with the advancement of technology that can not be separated from the development of the society that utilizes internet technology in various fields both in the fields of education, offices, and companies and so on. Through crime countermeasures policies using penal means, the existence of a law is obviously expected to further enhance the repressive function of criminal law. One of the efforts to tackle cyberporn crimes through the penal means is to apply the provisions of applicable laws such as the Criminal Code, Law Number 40 of 1999 concerning the Press, Law Number 32 of 2002 concerning Broadcasting, Law Number 19 of 2016 concerning Information and Electronic Transactions, Law Number 33 of 2009 concerning Film. However, apparently, the law still has limitations to compensate for the increasingly rapid development of cyberporn, including the provision of unclear pornographic restrictions. Therefore it is necessary to have a revision in Indonesian criminal law, especially against the Criminal Code which is a product of the legacy of the Dutch colonial era.

EXEMPTION FROM CRIMINAL RESPONSIBILITY AND PUNISHMENTAS A FROM OF CRIMINAL PROTECTION

2020 ◽  
Author(s):  
Raul' Dzhindzholiya ◽  
Ruslan Zhirov ◽  
Azamat Dzuev
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Protection

This article is devoted to the study of the essence and content of institutions of exemption from criminal responsibility and punishment. It is concluded that exemption from criminal responsibility and punishment as two types of criminal protection serve to implement the principles of humanism and justice in criminal law; ensure that the convict is corrected without criminal coercion.

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