scholarly journals Some Issues Of Qualification Of The Involvement Of A Minor In Antisocial Behavior

2020 ◽  
Vol 02 (11) ◽  
pp. 248-252
Author(s):  
Ashurova Nilufar Uktamovna ◽  
Keyword(s):  
Antisocial Behavior ◽  
Criminal Law ◽  
Criminal Liability ◽  
Scientific Work ◽  
Historical Study ◽  
Criminal Involvement ◽  
Current State ◽  
Foreign Countries ◽  
The Republic ◽  
A Minor

This article is aimed at strengthening the protection of the rights and freedoms of minors. The method of historical study is very helpful in revealing the content of criminal law norms, in fully understanding the essence of the existing criminal law prohibitions in them. By retrospectively observing a certain phenomenon, that is, when and how it appeared, what stages it went through in development, it is possible to explain its current state and determine its future development. The subject of the article is a theoretical analysis of scientific and practical problems of criminal liability for involving a minor in antisocial behavior, the norms of criminal law of the Republic of Uzbekistan and foreign countries for criminal involvement of a minor in antisocial behavior, scientific work on the problem under study. as well as case law on the specified category of crimes.

Counteraction to Crimes of a Sexual Nature against Minors in the Republic of Kazakhstan: International Practice and National Peculiarities

2018 ◽  
Vol 8 (7) ◽  
pp. 2227
Author(s):  
SorinBolat Erkenovich SHAIMERDENOV
Keyword(s):  
Sexual Assault ◽  
Criminal Law ◽  
Preventive Measures ◽  
Criminal Liability ◽  
Legal Protection ◽  
Legal Norms ◽  
Foreign Countries ◽  
The Republic ◽  
A Minor ◽  
Criminal Legislation

The criminological and criminal law counteraction to criminal offences of a sexual nature against minors are studied in this article. The aim of the article is to analyze the methods of preventing crimes against the sexual inviolability of minors, and to study the legal norms on the crimes against the sexual inviolability of minors contained in the national criminal legislation of Kazakhstan and in the legislation of a number of foreign countries. The international organizational and legal experience of protecting minors from sexual assault, the norms of the criminal legislation of Kazakhstan and the legislation of a number of foreign countries on crimes against the sexual inviolability of minors are studied herein; the conclusions and recommendations for the further improvement of the preventive measures and the criminal legal protection of minors from encroachments on their sexual inviolability are formulated. Based on the study of the research materials on criminology and the experience of foreign countries in the field of counteracting crimes against the sexual inviolability of minors, the methods of eliminating the causes and conditions for criminal acts of the category in question are suggested, the proposals for further improvement of the criminal legislation of the Republic of Kazakhstan in terms of protection of minors from sexual assault are formulated by the author. In particular, the necessity of formulation of a number of independent norms on crimes of a sexual nature against minors, taking into account the age characteristics of victims, and also the necessity to increase the criminal liability for incest with the participation of a minor is substantiated. The main provisions and conclusions of this article can be used in scientific and pedagogical activities when considering the issues of crime prevention and the comparative characteristics of the norms on crimes against the sexual inviolability of minors in Kazakhstan and foreign countries, as well as in the course of subsequent reforming of the criminal legislation norms in the field of sexual freedom and sexual inviolability of the person.

scholarly journals CRIMINAL AND LEGAL CHARACTERISTICS OF TRANSNATIONAL CRIME: COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Oleksandra Skok ◽  
◽  
Taisiia Shevchenko ◽  
Keyword(s):  
Criminal Law ◽  
Organized Crime ◽  
Criminal Liability ◽  
Transnational Crime ◽  
Criminal Code ◽  
Foreign Countries ◽  
International Regulations ◽  
Transnational Connections ◽  
The Republic ◽  
Definition Of

This article focuses on the criminal law characteristics of transnational crime, which has an extremely negative impact on the economic and social spheres of modern society in many countries. The provisions of international regulations on the definition of transnational crime and the reality of implementation of international agreements signed and ratified by Ukraine in terms of implementation in national criminal law of liability for crimes with transnational links have been thoroughly studied. In particular, the United Nations Convention against Transnational Organized Crime and the Agreement between Ukraine and the European Police Office on Operational and Strategic Cooperation and other international regulations on cooperation of member states in combating transnational crime were studied. The statistical data of the General Prosecutor’s Office of Ukraine are analyzed, which indicate the negative dynamics of the state of organized crime, which has increased over the last five years. The article presents official statistics, according to which in 2016 the share of organized crime amounted to 0.02% of the total number of crimes committed; in 2017 – 0.04%; in 2018 – 0.06%, in 2019 – 0.07%, in 2020 – 0.1% – which indicates an increase in the level of organized crime in general. An analysis of international regulations signed or ratified by Ukraine on the definition of transnational crime is carried out. The dispositions of the norms of the criminal legislation on detection of signs of crimes with transnational connections are analyzed. Crimes with signs of transnational crime have been identified under national legislation and the legislation of some foreign countries, on the basis of which their comparative characteristics have been made. It is established that some foreign countries also regulate the possibility of applying exemptions from criminal liability for similar criminal offenses under the domestic law on criminal liability. In particular, the norms of the Criminal Code of the Republic of Kazakhstan, the Republic of Azerbaijan, Georgia, the Republic of Moldova, the Republic of Turkmenistan, the Republic of Tajikistan, the Republic of Kyrgyzstan, the Republic of Armenia are analyzed. The article identifies a list of crimes that may have signs of transnational crime. It has been established that the largest number of crimes that may have the characteristics of transnational crime are acts related to drug trafficking, human trafficking, smuggling, economic crimes, arms trafficking, smuggling and other closely related crimes. with border crossing and international criminal relations. On this basis, it is proposed to set out the disposition of Part 2 of Art. 201 of the Criminal Code of Ukraine, which provides for liability for smuggling, taking into account the new qualifier for the commission of this act by criminal groups with transnational ties. In addition, the problem of the lack of definition of transnational crime at the legislative level in Ukraine, which prompts further research in this area, has been identified.

scholarly journals Criminal environmental protection: international practices and priorities for improving

2021 ◽  
Vol 12 (33) ◽  
pp. 102-120
Author(s):  
Oleh Kyrychenko ◽  
Yuliia Khrystova ◽  
Oleksandra Skok ◽  
Taisiia Shevchenko ◽  
Oleh Litun
Keyword(s):  
Environmental Protection ◽  
Criminal Law ◽  
Comparative Method ◽  
Criminal Liability ◽  
Documentary Sources ◽  
Foreign Countries ◽  
The Social ◽  
The Republic ◽  
Criminal Legislation ◽  
The Eu

The purpose of the research is to reveal international practices, criminal law protection and the system of punishments for environmental crimes in the field of environmental protection. Main content. The paper uses a comparative method to study the criminal environmental protection international practices of some European Union countries, in particular Spain, Germany and Austria. In addition, the study of model criminal law standards of the EU made it possible to evaluate them as a factor that leads to the unification and universalization of the criminal legislation of the EU countries in the field of environmental protection, harmonization of criminal law and related sectors. Methodology: Research of materials and methods based on the analysis of documentary sources and regulatory legal acts of foreign countries. The dialectical method of cognizing the social reality facts is the basis on which the formal legal and rather-legal approaches are largely based. Conclusions. The absence of developed unified approaches to its unification and practical application in the countries of Europe and Asia has been established. Attention is focused on the attempt of individual countries (the Republic of Poland, the Republic of Lithuania) to determine the criteria for the correlation of main and additional punishments, to establish criteria for the equivalent application of sanctions related to isolation and without isolation, and also to expand the boundaries of judicial review in the field of setting the degree and type of measures of criminal liability, depending on the factual and legal circumstances of the criminal case.

scholarly journals CRIMINAL LIABILITY OF A JUVENILE PERSON ON BREAKING OF TRAFFIC REGULATIONS

2019 ◽  
Vol 1 (86) ◽  
pp. 4
Author(s):  
Karina Zauere
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Bodily Injury ◽  
Serious Crime ◽  
Vehicle Operation ◽  
The Republic ◽  
A Minor

In implementing of the norms provided for by the section 260, article 2 of the of the Republic of Latvia Criminal Law into practice (for breaking of traffic provisions or provisions regarding vehicle operation, if it has been committed by a person operating a vehicle and as a result thereof serious bodily injury has been caused to the victim or death of a person has been caused thereby, the applicable punishment is deprivation of liberty for a period up to eight years, with deprivation of the driver’s licence for a period up to five years), the legislator has not taken into account that this violation may be committed by a minor. It results from the analysis of the provisions of Section 260, article 2, section 7, article 3, and section 65, article 2 stems that section 260, article 2 is a less serious crime, for which a minor is not punishable with deprivation of liberty – the sole main punishment intended by the sanction of the provision in question. Therefore, the appropriate punishment for the committing of such a crime resulting in a death of a person and/or serious bodily injury that threatens the life of a person cannot be applied to a juvenile person. With respect to the specifics of criminal liability of juvenile persons for the violation of section 260, article 2 as it is laid down by the Criminal Law the basic punishment – imprisonment for a period exceeding eight years – is not applicable to juvenile persons. Only the additional punishment of deprivation of the driver’s licence for a period of up to five years, which is disproportionate to the harm caused. In order to enable the application of the basic punishment for the committing of the crime as set out by section 260, article 2 of the Criminal Law ( legal effects: death of a person and/or serious bodily injury), it is necessary to amend the sanction of section 260, , article 2 to the imprisonment for a period exceeding eight years. Subsequently, such an amendment would re-classify the crime as a severe crime committed through negligence and for the committing which the basic punishment – imprisonment would be applicable, as it was most likely intended by the legislator.

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

scholarly journals The Concept of Culpability in Criminal Law and AI Systems

2020 ◽  
Vol 13 (3) ◽  
pp. 256
Author(s):  
Roman Dremliuga ◽  
Natalia Prisekina
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Framework ◽  
Social Consequences ◽  
Artificial Intelligence System ◽  
Traditional Concept ◽  
Potential Harm ◽  
Intelligence System ◽  
Current State

This article focuses on the problems of the application of AI as a tool of crime from the perspective of the norms and principles of Criminal law. The article discusses the question of how the legal framework in the area of culpability determination could be applied to offenses committed with the use of AI. The article presents an analysis of the current state in the sphere of criminal law for both intentional and negligent offenses as well as a comparative analysis of these two forms of culpability. Part of the work is devoted to culpability in intentional crimes. Results of analysis in the paper demonstrate that the law-enforcer and the legislator should reconsider the approach to determining culpability in the case of the application of artificial intelligence systems for committing intentional crimes. As an artificial intelligence system, in some sense, has its own designed cognition and will, courts could not rely on the traditional concept of culpability in intentional crimes, where the intent is clearly determined in accordance with the actions of the criminal. Criminal negligence is reviewed in the article from the perspective of a developer’s criminal liability. The developer is considered as a person who may influence on and anticipate harm caused by AI system that he/she created. If product developers are free from any form of criminal liability for harm caused by their products, it would lead to highly negative social consequences. The situation when a person developing AI system has to take into consideration all potential harm caused by the product also has negative social consequences. The authors conclude that the balance between these two extremums should be found. The authors conclude that the current legal framework does not conform to the goal of a culpability determination for the crime where AI is a tool.

scholarly journals Some features of the criminal law regulation of liability for sexual abuse against children in some European countries

2020 ◽  
Vol 4 (4) ◽  
pp. 329-335
Author(s):  
Vadym Dyadichko
Keyword(s):  
Sexual Abuse ◽  
Sexual Violence ◽  
Sexual Intercourse ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
European Countries ◽  
Official Position ◽  
Depth Analysis ◽  
The Republic

There is the search for optimal ways to improve domestic legislation in terms of criminal liability for sexual abuse of children by analyzing the latest changes and additions to the Criminal Code of some European countries. One such way is to criminalize such an act as "cybergrooming". The analysis of the relevant criminal law of the Kingdom of Belgium, the Republic of Bulgaria and the Kingdom of Spain has allowed to conclude that the approach of the legislator of the Republic of Bulgaria to the regulation of criminal liability for "cybergrooming" seems to be worth worth studying its practical application in order to determine the possibility of future borrowing by the domestic legislator. In addition, on the positive side, the Criminal Code of this state has criminal liability for lewd acts or sexual intercourse with a minor engaged in prostitution. The Criminal Code of the Kingdom of Spain deserves attention to the existence of a single rule (Article 183), which includes various manifestations of sexual violence against children. The author has noted that such an approach of the legislator of this state also requires a separate, more in-depth analysis for its possible borrowing by the domestic legislator. In addition, it is worth studying the issue of separate criminalization in the Criminal Code of Ukraine as sexual violence, sexual intercourse with persons aged sixteen to eighteen, committed with the use of influence on the victim in such ways as: fraud or abuse of trust, abuse of official position by an official.

scholarly journals Study of current trends in the labour market: changes caused by digital technologies and the COVID-19 pandemic

2021 ◽  
Vol 101 ◽  
pp. 70-82
Author(s):  
S.N. Suieubayeva ◽  
Keyword(s):  
Labour Market ◽  
Social Stratification ◽  
Social Role ◽  
Digital Economy ◽  
Health Care Education ◽  
Current State ◽  
Foreign Countries ◽  
The Republic ◽  
Societal Problems ◽  
Key Aspects

Object: To study the current state and priorities of the labour market in the digital economy and the COVID-19 pandemic. Methods: The theoretical basis of the research is the work of domestic and foreign economists on the problems of the digitization of the labour market and the legislative and regulatory acts of the Republic of Kazakhstan. Data from the Statistical Committee of the Ministry of Economy of the Republic of Kazakhstan and the results of the authors' research have been compiled as an information base for the study. The methodological basis of the study is a systematic approach, abstract-logical, economical-statistical, monographic methods of studying economic processes. Findings: This article contains the results of an analysis of the labour market development of the Republic of Kazakhstan in comparison with foreign countries. Employment in the digital economy and the CORONA crisis are discussed. It is noted that the faster the digital economy is implemented, the more difficult it is to manage the digital economy. Technology is becoming not only an engine for the development of new industries, but also an important social role, making a significant contribution to the solution of societal problems such as population ageing, social stratification, environmental problems and climate change. With the help of advanced science and technology emerges a «smart» society based on new values oriented to the needs of the person, flexibility, creativity. As a result of digitization, the labour market, health care, education and spatial development are changing dramatically. Conclusions: The article discusses key aspects of the creation of conditions for the search for new forms of employment for the Kazakh economy from the standpoint of digitization. The emphasis is on the development of the digital environment in the modern environment. The content of state support of economic entities within the framework of the state program «Digital Kazakhstan» is considered. It was concluded that the changes brought about in the world economy by widespread restrictions in the context of the pandemic would lead to the search for new ways and forms of employment in the Kazakh labour market.

Sign in / Sign up

Export Citation Format

Share Document