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 Responsibility for Rape under the Criminal Law of the People’s Republic of China

2018 ◽  
Vol 5 (4) ◽  
pp. 125-130
Author(s):  
A A Bimbinov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Sexual Contact ◽  
Negative Consequences ◽  
Republic Of China ◽  
Common Features ◽  
Domestic Legislation ◽  
Violent Acts ◽  
Criminal Legislation

A subject of the real research is the criminal legislation of People’s Republic of China on responsibility for rape. In work object of the specified crime is investigated, characteristic of the victim and subject of offense is given, the content of signs of the objective and subjective parties of crime reveals. Also characteristic of the qualifying signs is given in article. It is noted that studying of the foreign legislation and practice of its application is important both from theoretical, and from practical the points of view. Experience of foreign legislators allows to consider possible negative consequences when reforming the domestic legislation. The analysis of judicial practice, opinions of the Chinese and domestic scientists, the kriminogenic and qualifying signs allowed to establish strong and weaknesses of the Chinese legislation regarding a regulation of responsibility for rape. The Russian and Chinese criminal legislation has many common features. In many respects it is caused by the long-term socialist direction of development of the Russian Federation and People’s Republic of China. Nevertheless, the Chinese criminal legislation in the studied part has certain differences. So, for example, social, cultural and political and legal features of the Chinese system did not allow it to develop balanced by criminal - a legal mechanism of protection of the person against sexual encroachments irrespective of his floor. Now in criminal law of People’s Republic of China there is no independent responsibility for violent acts of sexual nature with penetration (anal, oral sexual contact) concerning males (in Russia such actions form the corpus delicti provided by Article 132 of the Criminal code). Such actions, despite high public danger, on the current edition of the law can be qualified only as infliction of harm to health or as dissolute actions.

scholarly journals HISTORY OF CRIMINAL LEGISLATION DEVELOPMENT IN SLOVAKIA

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Наталья Лазарева ◽  
Natalya Lazareva
Keyword(s):  
European Union ◽  
World War Ii ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Framework ◽  
Criminal Code ◽  
The European Union ◽  
Socialist Republic ◽  
History Of ◽  
Criminal Legislation

The subject of this research is criminal legislation of the Slovak Republic since the merge of Slovakia in the AustroHungarian Empire (XIX century) to the present day. The article analyzes the emergency criminal legislation of the World War II period, the socialist Criminal Codes of the Czechoslovak Republic (1950, 1961) and the existing Criminal Code of the Slovak Republic of 2005. The article also touches upon the country’s constitutional development on the example of the adopted Constitutions of the Czechoslovak Socialist Republic (1948, 1960) and the Constitution of the Slovak Republic (1992). The author pays special attention to the integration of Slovakia into the European legal framework when it became a member of the European Union in 2004. The article also contains comparative analysis of the main institutions of the criminal law in Russia and Slovakia. During the research the author used the following special methods: historical, logical, and comparative law method, which includes a variety of techniques (doctrinal, regulatory, functional comparison). As opposed to the criminal law of other European Union countries, the Slovak criminal law has remained practically unexplored by the Russian criminal law doctrine. But it is very unique because it comprises the combination of Austrian, German and Russian criminal law ideas which is conditioned by historical peculiarities of this state’s development. On the example of Slovakia, the author demonstrates possibility of combining the national legal legacy and directives of the European Union.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

2021 ◽  
pp. 181-188
Author(s):  
Serhii Repetskyi
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Educational Process ◽  
Practical Significance ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Special Part ◽  
Illegal Acts ◽  
Definition Of ◽  
Criminal Legislation

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

scholarly journals Signs of an officer holding a particularly responsible position as a special criminal subject in criminal law of Ukraine

1970 ◽  
pp. 337-341
Author(s):  
Vitalii Kabaiev
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Functional Attributes ◽  
Criminal Offenses ◽  
Special Basis ◽  
Or Organization ◽  
Criminal Legislation

Effective counteraction to crime is one of the primary challenges facing Ukraine as a democratic and rule of law state. In particular, counteraction to criminal offenses committed by officials is of particular importance in this process. In order to organize a productive struggle with these negative phenomena, it is imperative that law enforcement and judicial authorities have a correct and equal understanding of such a concept as an official. The purpose of this article is to investigate the notion and characterization of an officer holding a particularly responsible position as a special crime subject. The article presents the result of the study of the notion of officers a particularly responsible position. In particular, an analysis was carried out and the characteristics of an official holding a particularly responsible position as a special subject of crime, in accordance with the criminal legislation of Ukraine, were outlined. In particular, the functional and official characteristics of such an officer are identified, which indicate that he or she is different from the general subject of the crime, and express the peculiarities of this kind of special subject of crime in comparison with others. An analysis of the current criminal law of Ukraine shows that such signs relate to the functions and duties performed by the official, as well as his relationship with the enterprises, institutions or organizations on whose behalf he is acting. Thus, to the functional attributes, the author refers to the following: the exercise of the functions of a representative of power; connection with the activity of the enterprise of the institution or organization; the place of performance of the duties of an official. Among the official features of the official, the author identifies such features as the performance of the said functions and duties on a permanent, temporary or special basis. In general, the article provides a concise list of features of officials who occupy a particularly responsible position, who are special subjects of crime, and have all the characteristics defined in Part 1 of Art. 18 of the Criminal Code of Ukraine, also disclosed the content of special features that serve as an auxiliary (clarifying) source to identify a special entity.

scholarly journals Combating commodity smuggling in Ukraine: in search of the optimal legislative model

2021 ◽  
Vol 10 (47) ◽  
pp. 142-151
Author(s):  
Roman Movchan ◽  
Oleksandr Dudorov ◽  
Andrii Vozniuk ◽  
Vitalii Areshonkov ◽  
Yuriy Lutsenko
Keyword(s):  
European Union ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Code ◽  
The European Union ◽  
Law System ◽  
Foreign Countries ◽  
Major Attention ◽  
Legislative Model ◽  
Criminal Legislation

The purpose of the paper is to identify optimal legislative model of criminal law counteraction to commodity smuggling in Ukraine, taking into account experience of foreign countries, primarily the European Union. The following research methods have been used to study criminal legislation, prove hypotheses, formulate conclusions: comparative law, system analysis, formal logic and modeling methods. Taking into account the achievements of criminal law science, materials of law enforcement practice, he results of sociological surveys and based on the analysis of accompanying documents to the relevant bills, social conditionality of criminalization of smuggling of goods have been clarified. Foreign experience of criminalization of commodity smuggling in the legislation of the European Union has been investigated. Legislative initiatives in this area have been critically considered. Major attention in this aspect has been paid to the shortcomings and debatable provisions of the draft law “On Amendments to the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine on the Criminalization of Smuggling of Goods and Excisable Goods and Inaccurate Declaration of Goods” (Registration # 5420 of April 23, 2021). Author’s proposals on the relevant improvements of criminal legislation have been put forward and substantiated.

scholarly journals The Crimes Against Legal Traffic in Law of Republic Of Serbia // Krivična dela protiv pravnog saobraćaja u pravu Republike Srbije

2018 ◽  
Vol 8 (8) ◽  
pp. 88
Author(s):  
Dragan Jovašević
Keyword(s):  
Criminal Law ◽  
Legal Theory ◽  
Case Law ◽  
Criminal Code ◽  
Special Group ◽  
Criminal Offenses ◽  
The Republic ◽  
Criminal Protection ◽  
First Time ◽  
Official Corruption

In a separate part of the criminal law of the Republic of Serbia, pursuant to the provisions of the Criminal Code issued in 2005, with a number of amendments, the special place, role and importance are the crimes of forgery (forgery) of documents. They were systematized for the first time in a special group called: “Criminal offenses against legal traffic” according to the object of their criminal protection. Depending on the type of documents: private, public or official, different forms and types of manifestation of these crimes are often distinguished, which often represent the means or means for the commission of others, primarily commercial or official (corruption) crimes, or for their concealment and difficult proof . In this paper, from the aspect of legislation, legal theory and case law, the concept, elements, characteristics and forms of manifestation of certain criminal offenses against legal traffic in the Republic of Serbia are analyzed.

scholarly journals Strafrecht gegen Korruption im Sport?

2021 ◽  
Author(s):  
Julian Sigmund
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Protection Measures ◽  
Criminal Offenses ◽  
Principle Of Proportionality ◽  
Criminal Legislation

The thesis examines the legitimacy of the criminal offenses introduced in Sec. 265c, 265d of the German Criminal Code (StGB). First, the addressed bribery-related manipulations of sports competitions are systematized phenomenologically and described in terms of extent and causes. The standard of review derived from the doctrine of legal interests and the principle of proportionality then requires an intensive examination of the content of the integrity of sport, which the legislature has declared to be the object of protection, an analysis of the structures of offenses, and an evaluation of the effectiveness of non-criminal law, in particular internal sports prevention and protection measures. As a result it should be noted: Sec. 265c and 265d of the German Criminal Code (StGB) also show questionable features of the expansive criminal legislation that has characterized recent years.

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 Criminal law protection of human health in the corona virus period

2021 ◽  
Vol 63 (2) ◽  
pp. 69-88
Author(s):  
Mile Šikman ◽  
Velibor Bajičić
Keyword(s):  
Human Health ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Protective Function ◽  
Criminal Sanctions ◽  
Corona Virus ◽  
Criminal Offenses ◽  
Criminal Protection ◽  
Republika Srpska

Human health is one of the values that are (among other things) protected by criminal law. It is also one of the basic human rights, guaranteed by both international legal documents and the constitutions of countries as the most important domestic legal acts. In this sense, the state is expected to ensure human health by criminalizing behaviors that endanger health, as well as by imposing criminal sanctions on those who commit such behaviors (e.g. a group of crimes against human health). It is these issues that have come to the fore during the corona virus pandemic and that are the subject of this paper. Namely, during the current pandemic, it has been noticed that the protective function of criminal law is not fully realized, which has resulted in the spread of the said infectious disease. Therefore, in this paper we consider the meaning and goal of criminal protection of human health during the corona virus pandemic, through the legal analysis of criminal offenses in the Criminal Code of Republika Srpska and give certain proposals de lege ferenda.

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