scholarly journals THE CRIMINAL ACT - COERCION – COMPARATIVE ANALYSIS OF THE MACEDONIAN CRIMINAL LEGISLATION AND THE SHARIA TREATMENT

2020 ◽  
pp. 215-224
Author(s):  
Doan Sulejmanoski
Keyword(s):  
Comparative Analysis ◽  
Criminal Legislation

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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 Criminal responsibility for stealing in international law

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 505-511
Author(s):  
Nina Vladimirovna Ogorodnikova ◽  
Valeria Vladimirovna Poltavets ◽  
Maria Teymurazovna Gigineyshvili ◽  
Ekaterina Aleksandrovna Zharkikh
Keyword(s):  
Comparative Analysis ◽  
International Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
International Treaties ◽  
Actus Reus ◽  
Structured System ◽  
Criminal Legislation ◽  
Linguistic Methods ◽  
Common Understanding

This paper is focused on comparative analysis of crimes against property as they are defined in international treaties and Russian Criminal Code. The methodological basis of the study is a set of doctrinal, comparative and linguistic methods. A comparative analysis of international and national criminal legislation providing liability for stealing of property was carried out. The forms of stealing have been determined and their elements have been described. As a result of the study it can be concluded that there is no well-structured system of crimes against property on universal level. Even though there is common understanding of crimes against property in domestic and international law, the Criminal Code of Russian Federation does not share the approach of international treaties in the matter of formulating some elements of actus reus.

scholarly journals A COMPARATIVE ANALYSIS OF THE INSTITUTION OF CRIMINAL LIABILITY OF MINORS WITH FOREIGN COUNTERPARTS

2020 ◽  
pp. 31-37
Author(s):  
A.P. Detkov ◽  
E.P. Safonova
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Criminal Liability ◽  
Cis Countries ◽  
A Minor ◽  
Criminal Legislation

In the criminal legislation of any state, the legal status of a minor includes many specific features. Thearticle provides a brief analysis of the institution of criminal liability of minors using the example of the EAEUmember countries and non-CIS countries.

scholarly journals Public calls for criminal offenses in post-Soviet countries (comparative analysis)

2021 ◽  
Vol 2 (16) ◽  
pp. 99-121
Author(s):  
Mykola Anatoliiovych Rubashchenko
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
European Countries ◽  
Territorial Integrity ◽  
Distinctive Features ◽  
Common Features ◽  
Constitutional Order ◽  
Criminal Offenses ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a comparative analysis of the criminal legislation of post-Soviet countries in terms of criminalization of public calls to commit criminal offenses. The criminal codes of the following countries have been studied: Azerbaijan, Belarus, Armenia, Georgia, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, the Russian Federation, Tajikistan, Turkmenistan and Uzbekistan. Common features of criminalization of public appeals in the named post-Soviet countries are established. Their distinctive features in comparison with the Ukrainian variant of regulation are defined. The list of subsequent crimes in the studied codes is not the same, but there are those whose public appeals are typical of the criminal codes of the vast majority of countries, namely – to: a) aggressive war, b) terrorist crimes, c) encroachments on the constitutional order and territorial integrity, d) mass riots. Unlike many European countries, the criminal codes of post-Soviet countries do not provide for universal types of public appeals (ie appeals to crime in general). The maximum of universalization here is calls only for crimes of a certain kind, for example, calls for terrorist crimes or crimes against the state. That is, it is mostly a case-by-case approach to the criminalization of public appeals – responsibility is established for public appeals to certain actions. In addition, the article draws attention to the following: a) the degree of punishment of public calls, that is, the penalties contained in sanctions (unqualified or «simple» public calls  are mostly punishable by up to 3 years in prison or up to 5 years), b) the differentiation of responsibilities (aggravating circumstances), c) system and placement of special types of public calls in the structure of special parts of criminal codes.

Criminal legislation of foreign countries on fraudulent encroachments on property and legitimate interests of credit institutions

2021 ◽  
pp. 779-791
Author(s):  
Maya M. Savchenko
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Cases ◽  
Member States ◽  
Written Information ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
Objective Side ◽  
Criminal Legislation ◽  
Credit Institutions

We consider legislative problems of regulating liability for fraud in the field of lending. We conduct a comparative analysis of the provisions of the criminal legislation of foreign countries for credit fraud that infringes on the property and legitimate interests of credit institutions. We note that German criminal law provides for liability for crimes of fraud and abuse of con-fidence for criminal purposes. A feature of the German language is in this case the interpretation of the concept of “credit fraud” as “fraud”, the most correct in this case, the name of fraud in the field of credit will be as “credit fraud”. We analyze the controversial nature of the object of this crime within the framework of German criminal law and the concept of credit is given, which made it possible to conclude that the rule that ensures combating fraud in the credit sector is limited in its application exclusively to the sphere of lending. Based on the analysis of the signs of the objective side of fraudulent encroachments in the field of lending, it was concluded that the composition of credit fraud is formal. Investigative practice shows that when establishing guilt, certain difficulties arise in practice. The norm on credit fraud is characterized in criminal law as saturated with vague, evaluative signs, for example, the concept of “economy or enterprise”, “incorrectness” of documents and written information, their “significance” for making a decision on a loan. For a comparative analysis, the subject of the study was also taken the criminal law on credit fraud of the CIS member states. In the course of the analysis of the provisions of the criminal legislation of the CIS member states, it was concluded that there is no unambiguity in the formulation of the disposition of the rules on credit fraud among the member countries. Thus, the criminal legislation in matters of criminalization of fraud in the field of lending in Azerbaijan and Kazakhstan tends more to the Russian one, while in Belarus, Ukraine, Moldova, a tendency has been revealed that the norms are close to the criminal legislation of Germany. A study of the English and Australian court practice in criminal cases in the field of lending allows us to conclude that the temporary borrowing of credit funds qualifies as gratuitous fraudulent encroachment in the credit sector. US criminal law provides for liability for credit fraud as part of the general fraud rule.

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