scholarly journals Differentiation of criminal liability for war crimes

Legal Ukraine ◽  
2020 ◽  
pp. 55-61
Author(s):  
Oleksandr Sarnavskyi
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Service ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
War Crimes ◽  
Criminal Code ◽  
Criminal Record ◽  
Wide Range ◽  
Legislative Improvement

The article is devoted to the study of the system of means of differentiation of criminal liability for war crimes provided by the General and Special Parts of the Criminal Code of Ukraine. An analysis of the norms of the institute of release from punishment and its serving, the institute of criminal record, which reduced the criminal-legal influence on servicemen who committed war and general criminal offenses. A comprehensive analysis of the norms of military legislation and the norms of the institute of criminal responsibility and punishment of minors on the expediency of mitigating the liability of minors. Prevention and counteraction to crimes against the established order of military service (war crimes) is one of the areas of criminal law policy of the state. Responsibility for committing this category of crimes is provided by the norms of Section XIX of the Criminal Code of Ukraine (hereinafter – the Criminal Code of Ukraine). These norms provide criminal protection of a wide range of content and scope of public relations. The legislator as a subject of differentiation of criminal responsibility has created in the General and Special parts of the criminal law a system of means of differentiation of criminal responsibility for war crimes. However, the analysis of this system, conducted through the prism of the implementation of the principle of justice in its criminal law, provides grounds for some unbiased criticism. The purpose of this article is to examine the system of means of differentiation of criminal liability for war crimes provided by the General and Special Parts of the Criminal Code of Ukraine and to suggest ways of its legislative improvement. Key words: differentiation of criminal responsibility, war crimes, limits of criminal-legal influence, punishment, criminal record, serviceman, military service.

ON THE FORMAL ASPECT OF REGULATION OF THE CRIMINAL LEGAL IMPACT IN RESPECT OF MILITARY PERSONNEL IN THE RF CRIMINAL CODE

2021 ◽  
pp. 5-11
Author(s):  
R. V. Zakomoldin ◽  
Keyword(s):  
Criminal Law ◽  
Military Personnel ◽  
Military Service ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Special Part ◽  
General Part ◽  
Criminal Legislation

The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.

scholarly journals CRIMINAL RESPONSIBILITY FOR GIVING FALSE EXPERT CONCLUSIONS IN THE FIELD OF PURCHASING GOODS, WORKS, SERVICES

2020 ◽  
Vol 30 (1) ◽  
pp. 84-90
Author(s):  
V.E. Zvarygin ◽  
D.S. Nazarova
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Public Procurement ◽  
Criminal Liability ◽  
Integrated Approach ◽  
Criminal Code ◽  
The Russian Federation ◽  
Illegal Activities

Illegal activities in the field of procurement of goods, works and services pose a threat not only to economic, but also to national security. The solution to this situation is possible only with an integrated approach, consisting not only in improving the efficiency of the regulatory authorities, but also in optimizing the current legislation. Article 107 of the Federal Law dated 05.04.2013 “On the contract system in the field of procurement of goods, work, services for the provision of state and municipal needs” provides the criminal liability of persons guilty of violating the laws of the Russian Federation and other regulatory legal acts on contract system in the field of procurement. However, until recently, the onset of criminal liability remained only “on paper”. The turning point in the criminal law regulation of relations in the field of public procurement was the year 2018, when federal laws were adopted that introduced amendments to the Criminal Code of the Russian Federation by criminalizing illegal acts in this sphere of public relations. One of the controversial articles by the structure of the criminal law elements is Article 200.6 of the Criminal Code of the Russian Federation, which established criminal liability for giving a knowingly false expert opinion in the field of procurement of goods, works and services.

scholarly journals Problem Questions of Subject of Syllables of Crimes are against Bases of National Safety of Ukraine

2019 ◽  
pp. 340-357
Author(s):  
Ruslan CHORNYI
Keyword(s):  
Criminal Law ◽  
Military Service ◽  
Legal Status ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Armed Forces ◽  
Criminal Code ◽  
Public Authorities ◽  
Issue Attention ◽  
The Subject

According to Part 1 of Art. 18 of the Criminal Code of Ukraine is the subject of the crime is a natural convicted person who has committed a crime at the age of criminal responsibility. The special subject of the crime is a natural convicted person who committed at the age of criminal responsibility, a crime that can be subject only to a certain person (Part 2 of Article 18 of the Criminal Code of Ukraine). Thus, the law defined a clear list of features that are mandatory when deciding whether to admit a person guilty of committing any crime, including those provided for in Article I of the Special Part of the Criminal Code of Ukraine. At the same time, the addition of the General part of the Criminal Code to Section XIV–1 «Measures of Criminal Law on Legal Entities» necessitates the harmonization of these provisions with the definitions of the subject of crime, guilt, criminal liability, punishment, complicity in crime and other institutions of criminal law. . In this regard, it is justified that the subject of the crimes, provided by Art. 109–1141 is an exclusively physical, condemned (restrictedly convicted) person who committed the crime at the age specified in sections 1 and 2 of Art. 22 of the Criminal Code of Ukraine. It has been found out that the subjects of some crimes may in fact be persons who, before committing crimes, have been 18 years old (treason committed by a serviceman), 21 years (committing acts of the People's Deputy aimed at violent change or overthrow of the constitutional order or seizure of the state authorities), 35 years (committing a crime under Article 111 of the Criminal Code of Ukraine by the President of Ukraine), etc. However, in such cases, it is not a matter of increased age of responsibility, but of the possibility of acquiring a person of the appropriate legal status, which presupposes intellectual (to exercise certain powers) and physical (to pass military service) fitness for a certain type of activity. The questions of special subjects of crimes against the bases of national security of Ukraine, which can be divided into the following groups, are investigated: 1) a citizen of Ukraine (Article 111); 2) foreign citizen or stateless person (Article 114); 3) a representative of the authorities (Part 3 of Article 109 and Part 2 of Article 110). It is proved that the actions of a person who acquired the citizenship of another country should be qualified under Art. 111 of the Criminal Code of Ukraine, as this fact is only a reason for the loss of citizenship of Ukraine and the issuing of a relevant decree of the President of Ukraine on this issue. Attention is drawn to the need to clarify the provisions of Art. 109 and other norms of the Criminal Code of Ukraine (Part 1 of Article 294, Part 3 of Article 296, Part 1 of Article 342, Article 349 and Part 2 of Article 4361 of the Criminal Code of Ukraine) in terms of predicting the liability of public authorities in them for taking appropriate action. Considering the possibility of interfering with the lawful activity of the Armed Forces of Ukraine and other military formations (Article 1141 of the Criminal Code of Ukraine) by means of socially dangerous inactivity of officials, which may impede the conduct of mobilization activities, the necessity of making appropriate changes to Part 2 of the above is justified article.

scholarly journals Criminal liability for illegal banking activities in the context of countering criminal money cashing

2020 ◽  
pp. 140-144
Author(s):  
Dmitry Ovchinnikov
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Tax Evasion ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Economic Sector ◽  
The Russian Federation

Currently, the economic sector of public relations is characterized by exceptional criminality. One of the main phenomena responsible for this is illegal money cashing. Almost every business entity considers it acceptable and even necessary to resort to various criminal schemes for obtaining unaccounted cash and tax evasion. The very type of this crime has actually become a thriving and profitable business, which consists in providing services for withdrawing funds from legal circulation. While the existing judicial and investigative practice in the issue of countering this phenomenon has not yet developed a clear answer about the need for appropriate qualifications. There are about a dozen articles of the criminal law in which law enforcement officers try to find the correct legal assessment, and at present, article 172 of the Criminal code of the Russian Federation “Illegal banking activities” deserves special attention.

scholarly journals CORPORATE CRIMINAL LIABILITY IN INDONESIA ON THE PERSPECTIVE OF COMPARISON

2017 ◽  
Vol 2 (2) ◽  
pp. 144-154
Author(s):  
Muchammad Chasani
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Criminal Legislation ◽  
Corporate Criminal Liability ◽  
Responsibility System

The regulation of corporate criminal liability in Indonesia's criminal justice system is basically a new and still debatable issue. It is said that because in the Criminal Code is not recognized and regulated explicitly about the corporation as a subject of criminal law. This is a natural thing since the WvS Criminal Code still adheres to the principle of "societas delinquere non potest" or "non-potest university delinquere", that is, a legal entity can not commit a crime. Thus, if in a society there is a criminal offense, then the criminal act is deemed to be done by the board of the corporation concerned. Regarding the corporate criminal responsibility system in Indonesia, in the corruption law Article 20 paragraph (1), if the corporation committed a criminal act of corruption, then those responsible for the criminal act shall be the corporation only, the management only, or the corporation and its management. Thus, it can be said that the regulation of corporate criminal liability in the legal system in Indonesia is expressly only regulated in special criminal legislation, because the Criminal Code of WvS still adheres to the principle of "societas delinquere nonpotest" so it is not possible to enforce corporate criminal liability in it.

scholarly journals Criminal Responsibility for Juvenile Offenders in Criminal Law

2019 ◽  
Vol 35 (3) ◽  
Author(s):  
Trinh Thi Yen ◽  
Le Cam
Keyword(s):  
Juvenile Offenders ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Viet Nam ◽  
Criminal Records ◽  
Scientific Analysis ◽  
The Future ◽  
Release From Prison

The article mentions the scientific analysis of the main rules on criminal liability for juveniles in the current Vietnamese criminal law and through it, in terms of continuing to improve some regulations. related violations in the Criminal Code 2015 (due to lack of) proposed a number of specific legislative interpretations of 04 new laws relating to criminal liability for unemployment in the draft of the future Criminal Code after France Fourth classicization. Keywords: Criminal responsibility of juvenile offenders, principles for handling juvenile offenders, penalties for convicted juveniles, handle navigation, release from prison ahead of time, erase criminal records. References: [1] Bộ Luật Hình sự năm 2015, NXB Chính trị Quốc Gia Sự Thật, Hà Nội, 2016, tr.80.[2] Bộ Luật Hình sự năm 2015, sửa đổi bổ sung năm 2017, Nxb Chính trị Quốc Gia Sự Thật, Hà Nội, 2017, tr.75-76.[3] Lê Văn Cảm (biên soạn), Sách chuyên khảo: Nhận thức khoa học Phần chung pháp luật hình sự Việt Nam sau pháp điển hóa lần thứ ba, Đại học Quốc gia Hà Nội, Hà Nội, 2018, tr.281-299.[4] Lê Văn Cảm (chủ biên), Sách chuyên khảo: Pháp luật hình sự Việt Nam từ thế kỷ X đến nay - Lịch sử và thực tại, NXB Đại học Quốc gia Hà Nội, Hà Nội, 2018, tr.564-600.

scholarly journals Pembaruan Pilar Hukum Pidana Dalam RUU KUHP

2021 ◽  
Vol 10 (2) ◽  
pp. 291
Author(s):  
Faisal Faisal ◽  
Muhammad Rustamaji
Keyword(s):  
Criminal Law ◽  
Research Method ◽  
Research Study ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Law Reform ◽  
Legal Research ◽  
Discussion Section ◽  
The Ideal

The basic idea underlying the reform of  the Criminal Code Bill has an impact on reforming the pillars of criminal law. The purpose of this research is to find out the new direction of criminal law policy regarding criminal acts, criminal responsibility and punishment. The research method uses normative legal research. The results of the research study in the discussion section are the reform of the pillars of criminal law, namely criminal acts, criminal liability, and punishment oriented to the basic idea of ??the value of balance. The reform of the pillars of criminal acts is aimed at broadening the meaning of the legality principle which provides space for living law as a source of law and also creates juridical terminology regarding criminal acts. The pillar of criminal responsibility accommodates the principle of no crime without error. The pillar of punishment is that the purpose of punishment is no longer synonymous with retaliation, but there are efforts to improve the behavior of the perpetrators of crime. The changes in the three pillars are influenced by the basic idea of ??balancing the values ??of Pancasila, namely the values ??of Divinity, Humanity, and Society. Recommendations in strengthening the direction of criminal law reform are needed in formulating criminal provisions outside the Draft Criminal Code that must be in accordance with the basic idea of ??balance which is the ideal of criminal law reform law. Ide dasar yang melandasi pembaruan RUU KUHP berdampak pada pembaruan pilar hukum pidana. Tujuan penelitian untuk mengetahui arah baru kebijakan politik hukum pidana mengenai tindak pidana, pertanggungjawaban pidana dan pemidanaan. Metode penelitian menggunakan penelitian hukum normatif. Hasil kajian penelitian dalam bagian pembahasan ialah pembaruan pilar hukum pidana yakni tindak pidana, pertanggungjawaban pidana, dan pemidanaan berorientasi pada ide dasar nilai keseimbangan. Pembaruan pilar tindak pidana tertuju pada perluasan makna asas legalitas yang memberikan ruang pada hukum yang hidup sebagai sumber hukum dan melahirkan pula terminologi yuridis mengenai tindak pidana. Pilar pertangungjawaban pidana mengakomodasi asas tiada pidana tanpa kesalahan. Pilar pemidanaan bahwa tujuan pemidanaan tidak lagi identik pembalasan akan tetapi ada upaya memperbaiki perilaku dari pelaku kejahatan. Perubahan ketiga pilar tersebut dipengaruhi oleh ide dasar keseimbangan nilai Pancasila yaitu nilai Ketuhanan, Kemanusiaan, dan Kemasyarakatan. Rekomendasi dalam memperkuat arah pembaruan hukum pidana diperlukan dalam merumuskan ketentuan pidana di luar RUU KUHP harus sesuai dengan ide dasar keseimbangan yang menjadi cita hukum pembaruan hukum pidana

scholarly journals Criminal Misconduct: An Objective Need or a Declared Necessity?

2021 ◽  
Vol 16 (11) ◽  
pp. 142-154
Author(s):  
N. Yu. Skripchenko ◽  
S. V. Anoshchenkova
Keyword(s):  
Public Relations ◽  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Business Community ◽  
Substantive Content ◽  
The Supreme Court ◽  
The Russian Federation

The actively defended idea of the Supreme Court of the Russian Federation on the inclusion of an offencse  of criminal misconduct in the criminal legislation was reflected in the revised draft federal law submitted to the  Parliament on October 13, 2020. The purpose of the study is to determine the key changes in the content of the  institutions of criminal misconduct and other measures of a criminal law nature proposed for consolidation in the  Criminal Code of the Russian Federation, to assess the objective need of the reforms initiated by the Supreme  Court of the Russian Federation. The methodological basis is a set of methods of scientific knowledge. General  scientific (analysis and synthesis, dialectics) and specific scientific research methods (system structural, formal legal)  were used. A comparative analysis of draft laws allows us to classify the substantive content of acts constituting a  criminal misconduct as key changes and the modification of other measures of a criminal legal nature. The authors  critically assess the idea underlying the classification of acts as criminal misconduct. By laying in the criteria for  the isolation of acts that are minimal in terms of the degree of danger, not legally significant elements of corpus  delicti, but the types and amount of punishments, the lack of criminal experience, the interests of the business  community, the developers of the draft law violate the system of law, since the proposed approach excludes the  assessment of the public danger of the act based on the significance of the protected by the criminal the law of  public relations. The meaning of the differentiation of criminal liability declared by the initiator of the reforms is  lost with the proposed duplication of other measures applied both to persons who have committed a criminal  misconduct and to those guilty of committing crimes of small or medium gravity, and the proposed conditional  nature of other measures levels the idea of liberalizing the criminal law. The paper focuses on the provisions of  the project that require revision and additional comprehension.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

Influence of the ideas of Ivan Yakovlevich Foynitsky on the formation of criminal responsibility for kidnapping in modern Russia

2020 ◽  
Vol 2020 (12-3) ◽  
pp. 230-234
Author(s):  
Natalia Martynenko ◽  
Anatoly Maydykov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Modern Concept ◽  
Russian Scientist ◽  
Special Part ◽  
The Russian Federation

The article analyzes the ideas of the Russian scientist in the field of criminal law Ivan Yakovlevich Foinitsky (1847-1913) on the establishment of criminal liability for kidnapping. The influence of I.Y. Foinitsky's ideas on the modern concept of criminal law protection of a person from abduction is shown. It is concluded that the norm on responsibility for the abduction of a person existing in the Criminal Code of the Russian Federation, its location in the structure of the norms of the Special Part, in many respects includes the provisions laid down by I.Y Foinitsky.

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