scholarly journals Strong Emotional Arousal (Effect) As A Criminal Law Norm

2021 ◽  
Vol 03 (03) ◽  
pp. 96-102
Author(s):  
Niyozova Salomat Saparovna ◽  
Keyword(s):  
Criminal Law ◽  
Emotional Arousal ◽  
Scientific Article ◽  
Arousal Effect

This scientific article will address strong emotional arousal as the norm in criminal law. It also analyzes the views and opinions of scholars in this regard and provides relevant recommendations for improving the theory of criminal 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.

scholarly journals Application of criminal law for illegal influence on the results of official sports competitions in the era of legalization of games

2020 ◽  
Vol 4 (4) ◽  
pp. 218-224
Author(s):  
Vasyl Bereznyak ◽  
Violeta Rets
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Sports Betting ◽  
Scientific Article ◽  
Industry Development ◽  
Special Rule

The scientific article examines the issue of legal correctness of criminal law and certain rules of law, which regulates the prohibition of illegal influence on the results of official sports competitions, as well as a number of risks that may arise in connection with the legalization of gambling, including bookmaking (sports betting) as a derivative of gambling. Criminal law is constantly updated to meet the requirements of the time. The same applies to the ban on sports betting, which contains a number of features. This study analyzes the specific risks created by the legislator during the implementation of the relevant norm. Examining criminal liability for manipulating the results of official competitions and formulating proposals to improve the criminal law on this topic, it is clear that the legalization of gambling, and espe-cially bookmaking, may be a question of criminal liability for participation in sports betting. It turns out that for the existence of criminal law there is no special rule that regulates the prohibition of gambling, including bookmaking. Article 369-3 of the Criminal Code of Ukraine can be prosecuted only on the grounds of influencing the results of official sports competitions and receiving benefits as a result of such acts; violation of the ban on sports betting. With the legalization of bookmaking, betting on sports will become even easier as well as avoiding further criminal liability. The legalization of any recently banned activity is used to expand the budget replenishment, because the gambling business, like any other, must pay taxes, but it is reasonable to think that expanding the budget is not to encourage gambling, and industry development and agriculture, stimulating the economy, etc.

scholarly journals Discussion issues of the relationship between criminal responsibility and bringing a person as an accused (part 1)

2021 ◽  
pp. 79-84
Author(s):  
Maksim Lapatnikov ◽  
Nikolay Letelkin
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Scientific Article ◽  
Procedure Code ◽  
The Russian Federation ◽  
Adversarial Model ◽  
The Relationship

The issues of determining the essence of criminal liability as a central category of criminal law, its foundations, moments of emergence and termination are traditionally in the focus of legal science. But no less acute, it seems, is the question of the relationship between prosecution as an accused and criminal liability, as well as, in general, an analysis of the very concept of “bringing to criminal liability”. Addressing this topic, the presentation is relevant and necessary in order to analyze the theoretical and normative ideas about the above phenomena in the context of an adversarial model of justice, to which, based on federal sources (part 3 of article 123 of the Constitution of the Russian Federation; article 15 of the Criminal procedure code the Russian Federation is striving for our country The presented scientific article is the first part of the author’s research on this topic.

scholarly journals The criminal responsibility for defamation of knowingly innocent

2021 ◽  
Vol 10 (44) ◽  
pp. 241-251
Author(s):  
Vira Navrotska ◽  
Oksana Bronevytska ◽  
Galyna Yaremko ◽  
Roman Maksymovych ◽  
Vita Matolych
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Scientific Article ◽  
Criminal Prosecution ◽  
Innocent Person ◽  
Criminal Proceedings ◽  
Self Disclosure ◽  
Procedural Law ◽  
The Right

The scientific article analyzes the acute discussion in law enforcement practice and procedural science of the problem of the possibility of criminal prosecution of a suspect, accused of defaming a knowingly innocent person in the commission of a crime. The theoretical basis of the article are scientific works on criminal law and criminal procedural law (both domestic researchers and foreign experts). A set of general scientific, special scientific and philosophical methods of scientific knowledge has been used while preparing the scientific article, in particular dialectical, historical, comparative, dogmatic (formal-logical), system-structural analysis, modeling. It is substantiated in the article that the behavior of the suspect, accused, which is manifested in slandering of a knowingly innocent person, does not constitute the right to freedom from self-disclosure. It is also proved that both freedom from self-disclosure and the right to defense in criminal proceedings must have certain limits, in particular, it is rights and interests of other subjects protected by criminal law. We stated that the suspect or accused should be liable for misleading the court and pre-trial investigation bodies even if such deception was used to protect against the suspicion (or accusation), to avoid criminal liability.

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 Criminal law characteristic of certain restrictive measures

2021 ◽  
pp. 251-260
Author(s):  
YU.M. Plish
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Scientific Article ◽  
New Concepts ◽  
The Status ◽  
General Part ◽  
Legislative Changes ◽  
The Moment ◽  
Restrictive Measures

Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of in¬ternational institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures (these provisions came into force on January 11, 2019). From the moment of the regulation of restrictive measures in the Criminal Code of Ukraine, they have acquired the status of criminal-legal measures. Restrictive measures have a specific purpose - to protect the victim from a person who has committed a socially dangerous act, to protect against committing a socially danger¬ous act in relation to the victim in the future, to minimize the interaction between the person, who is in a dangerous state, and the victim, if such has the significant risks.This scientific article analyzes the conditions of application of restrictive measures in criminal law, in particular, it is determined that the concept of «crime related to domestic violence» is broader than the concept of «domestic violence» in Article 126-1 of the Criminal Code of Ukraine and can be used not only in the commission of this crime, but also in other socially dangerous acts that have signs of domestic violence; some considerations regarding the improvement of the grounds for the application of restrictive measures are highlighted; the correlation between the requirements of international acts and current provisions on restrictive measures is considered.A detailed analysis of the types of restrictive measures that are in the Criminal Code of Ukraine was made. The need for some legislative changes and additions is argued, this concerns the wording of the names of types of restric¬tive measures; new concepts that should be enshrined at the legislative level; meaningful content of such varieties. The conclusion was made that the regulation of restrictive measures in the Criminal Code of Ukraine is a positive step, but due to the novelty of this legal category there is a need for their partial editing and changes.

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 Improvement of legislation in the field of countering organized forms of crime: illusions and reality

2021 ◽  
pp. 394-403
Author(s):  
Oksana Kvasha
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Case Law ◽  
The Body ◽  
Scientific Article ◽  
Current State ◽  
Criminal Offenses ◽  
Promising Area ◽  
The Law ◽  
Improvement Of Legislation

Introduction. The state of crime in modern Ukraine is characterized by a significant spread of organized crime. Given the absence for many years of a state strategy to combat organized crime and the failure of state policy to minimize corruption, organized crime has reached such proportions that have become a threat to national security. Significant changes took place in Section IX "Criminal Offenses against Public Safety" with the entry into force of the Law "On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community" № 671-IX of 04.06.2020. The aim of the article. Has the legislator's goal been achieved to strengthen the criminal law framework for combating organized crime? The purpose of this scientific article is to find an answer to this question. Finding out the answer to the question: "How will the introduced short stories affect the fight against organized crime?" is also important in terms of ensuring the unity of case law. Conclusions. Legislative novelties do not agree with other norms and current criminal law terminology, contradict the systemic structure of criminal law, do not comply with the rules of the Ukrainian language. It is not logical to make changes to the "body" of the Law of Ukraine "On Organizational and Legal Basis of Combating Organized Crime" of June 30, 1993, which requires changes in each of its articles. It is necessary and important to adopt a new Law (conditional title - "On the principles of combating organized crime in Ukraine"), which should be based on current legislation of Ukraine and take into account the current state and trends of organized crime in the world, especially its transnational nature and symbiosis with corruption, as well as the specifics of domestic organized forms of terrorism, separatism and collaborationism. Therefore, a promising area of further research on the analyzed problem is the development of scientifically sound proposals for a new law on combating organized crime in Ukraine.

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.

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