scholarly journals Elements of comparative criminal law regarding the crime of creating a criminal organization with a terrorist character

2021 ◽  
pp. 26-34
Author(s):  
Andrei Cazacicov ◽  
◽  
Inga Darii ◽  
Keyword(s):  
Social Life ◽  
Comparative Method ◽  
Criminal Liability ◽  
World Order ◽  
Criminal Organization ◽  
Normative Framework ◽  
Current Trends ◽  
The Republic ◽  
Criminal Matters ◽  
Criminal Legislation

Lately, the international community is facing serious threats to security and world order, which is expressed through new forms of crime, especially in its organized and terrorist aspect. According to the criminal legislation of the Republic of Moldova, the purpose of committing one or more terrorist offenses determines the aggravation of criminal liability for the creation or management of a criminal organization, which contrasts against the background of the legislative provisions of other states. In the study, the comparative method of examining the criminal laws of other states was used as a priority. At the same time, in addition to the method of logical analysis and case study, the prospective method of studying law with reference to current trends in the evolution of legal and criminal norms has been widely applied. The study is oriented towards the comparative analysis of the norm stipulated in article 284, para. (2) Penal Code, in the light of the criminal laws of the neighboring states (Russian Federation, Ukraine, Romania), which allows highlighting the existing gaps, general tendencies of incrimination and the possibilities of perfecting the national normative framework. In addition, the improvement of the national normative framework, harmonized with that of the neighboring states, offers wide possibilities in the field of international legal cooperation in criminal matters, which determines repercussions on all areas of social life in the state.

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 for Financial Market Crimes under the Singapore Legislation

Lex Russica ◽  
2021 ◽  
pp. 148-156
Author(s):  
A. V. Denisova
Keyword(s):  
Financial Markets ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Personal Data ◽  
Criminal Code ◽  
Legal Provisions ◽  
The Republic ◽  
Criminal Legislation ◽  
Integral Feature

The functioning of developed financial markets is an integral feature of a country with a market economy, in which it is understood primarily as an infrastructure element of state policy, which, with proper management, ensures a qualitative increase in the standard of living of citizens. Therefore, the issues of criminal legal assessment of encroachments on relations in the sphere of financial markets have recently become particularly relevant both abroad and in Russia. In Singapore law, the legal provisions on criminal liability for crimes in the field of financial markets are contained in the Criminal code of the Republic of Singapore, in the laws on the prevention of corruption, on securities and futures. The purpose of the study is to analyze Singapore legislation to compare foreign and domestic criminal law norms on crimes in the field of financial markets, as well as to determine the possibilities of using foreign experience in Russian rule-making practice. The methodological basis of the paper is a set of methods of scientific knowledge, among which the main place is occupied by methods of comparative law and system analysis. The author analyzes the similarities and differences between Singapore and Russian financial and criminal legislation and predicts promising directions for the development of the system of relevant domestic criminal law norms. The author suggests the expediency of using the ideas of criminalization and suppression of fraud in the investment sphere, including in cyberspace, theft of personal data and their misuse, as well as other preparatory actions for serious and grave crimes that may be committed in the financial markets.

Signs characterizing the person occupying the highest position in criminal hierarchy

2020 ◽  
pp. 75-80
Author(s):  
Александр Викторович Сенатов
Keyword(s):  
Russian Federation ◽  
Organized Crime ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Federal Law ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation

В связи с изменениями, внесенными Федеральным законом Российской Федерации от 01.04.2019 № 46-ФЗ «О внесении изменений в Уголовный кодекс Российской Федерации и Уголовно-процессуальный кодекс Российской Федерации в части противодействия организованной преступности» в уголовном законодательстве появилась ст. 210, предусматривающая уголовную ответственность за занятие высшего положения в преступной иерархии. Данное преступление имеет специальный субъект, обладающий дополнительными признаками, которые должны быть закреплены в законе. Однако в уголовном законодательстве, а также постановлениях Пленума Верховного суда Российской Федерации отсутствует определение данного понятия, а также признаки, в соответствии с которыми необходимо привлечь лицо к уголовной ответственности. В статье проанализированы научные определения «преступная иерархия», «иерархическая лестница уголовно-преступной среды», лицо, занимающее высшее положение в преступной иерархии, а также выделены конкретные признаки, характеризующие специальный субъект, закрепленный ст. 210 УК РФ. Рассматривается опыт борьбы с организованной преступностью в Республике Грузия, а также материалы следственной практики в отношении лица, привлекаемого к уголовной ответственности по признакам состава преступления, предусмотренного ст. 210 УК РФ. Due to the changes made by the Federal law of the Russian Federation of 01.04.2009 No. 46-FZ “On modification of the criminal code of the Russian Federation and the Criminal procedure code of the Russian Federation regarding counteraction of organized crime” to the criminal legislation there was Art. 210 providing criminal liability for occupation of the highest position in criminal hierarchy. This crime has a special subject with additional features that must be enshrined in the law. However, in the criminal legislation, as well as the decisions of the Plenum of the Supreme court of the Russian Federation, there is no definition of this concept, as well as signs according to which it is necessary to bring a person to criminal responsibility. The article analyzes the scientific definitions of “criminal hierarchy”, “hierarchical ladder of criminal environment”, the person occupying the highest position in the criminal hierarchy, as well as the specific features, fixed Art. 210 of the Criminal Code. The article also discusses the experience of combating organized crime in the Republic of Georgia, as well as materials of investigative practice in relation to a person brought to criminal responsibility on the grounds of a crime under Art. 210 of the Criminal Code.

scholarly journals Criminal policy of Kazakhstan in the sphere of countering to drunk driving

2021 ◽  
Vol 12 (3) ◽  
pp. 712-727
Author(s):  
Kairat A. Bakishev ◽  
◽  
Bahit M. Nurgaliev ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Policy ◽  
Drunk Driving ◽  
Criminal Code ◽  
Judicial Practice ◽  
Vehicle Operation ◽  
The Supreme Court ◽  
The Republic ◽  
Legislative Structure ◽  
Criminal Legislation

The article examines the criminal policy of countering road accidents committed by drivers under the influence, implemented in Kazakhstan in connection with the trend of their constant growth. Based on the example of law enforcement practice of previous years, the authors conclude that the next measures to strengthen responsibility for drunk driving, adopted by the Law of the Republic of Kazakhstan dated December 27, 2019, will not bring tangible results due to ill-considered and illogical actions of the legislator. This is due to the fact that criminalization of Art. 345-1 and Art. 346 of the Criminal Code was carried out contrary to the Concept of legal policy of the Republic of Kazakhstan for the period from 2010 to 2020; due to the unsuccessful legislative structure of Art. 346 of the criminal code and the contradictory position of the Supreme Court of the Republic of Kazakhstan in the regulatory decree “On the practice of applying criminal legislation in cases of violations of traffic rules and vehicle operation” dated June 29, 2011, there are serious difficulties in its application in investigative and judicial practice; the courts are actively using the possibility of significantly reducing the punishment to the guilty or release from criminal liability in cases of reconciliation with the victim on the grounds stipulated by Paragraph 1 of Part 2 of Art. 55 of the Criminal Code and Part 1 of Art. 68 of the Criminal Code, etc. To resolve the existing shortcomings, thoughtful, consistent and criminologically justified actions of the state are required, which may contain the proposals provided by the authors.

scholarly journals Criminal liability of juveniles in the Republic of Kazakhstan

2020 ◽  
Vol 2 (1) ◽  
pp. 12-26
Author(s):  
Aleksey Chistyakov ◽  
Saule Naurzalieva
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Understanding ◽  
Theoretical Significance ◽  
The Russian Federation ◽  
The Republic ◽  
Criminal Legislation

The article reflects the study of juvenile delinquency in the Republic of Kazakhstan and their criminal responsibility. The scientific novelty of the research is that it was conducted on the basis of the new criminal legislation of the Republic of Kazakhstan in 2014. Therefore, the complex of issues, that were previously the subject of various studies in the light of modern realities and trends of criminal law policy of the Republic of Kazakhstan, has received a new interpretation and argumentation from the perspective of the latest opportunities for study. First, the new legislative structure for determining the basis of criminal liability (Article 4 of the Criminal code of the Republic of Kazakhstan) required a reinterpretation of the content of circumstances that lead to emergence of criminal liability among juveniles. Secondly, the legally updated content of grounds for criminal liability of juveniles in the Republic of Kazakhstan has led to an update of the quality of criminal law relations that arise between juvenile offenders and state bodies, which also need a new scientific reinterpretation. Third, the new legal concept of the basis of criminal liability presupposes the existence of a new, in relation to the previous, content of the basis for the implementation of criminal liability of juveniles. Finally, the new criminal legislation of the Republic of Kazakhstan, along with the previously existing one, has introduced new forms and types of implementation of criminal liability of juveniles, which need an updated scientific and legal analysis. Its results and conclusions, obtained personally by the author, can be regarded as having scientific novelty for the above reasons. In addition, on the basis of the theory and practice research of criminal responsibility among juveniles in the Republic of Kazakhstan, the paper formulated proposals for improving the criminal legislation of not only the Republic of Kazakhstan, but also the Russian Federation, which also have a novelty. The theoretical significance of the research is to increase and systematize knowledge about the criminal liability of juveniles due to the presence of a new basis of criminal responsibility that has not been previously developed by the Russian criminal law science. The results of scientific understanding of new forms and types of implementation of criminal liability of juveniles, introduced by the Criminal code of the Republic of Kazakhstan in 2014, such as the obligation to apologize to the victim and the establishment of probation control, have theoretical significance. The conclusions, suggestions and recommendations contained in this work enrich the scientific understanding of the features of criminal liability of juveniles in the Republic of Kazakhstan. The practical significance of the work is that the provisions and recommendations contained in it can be used both in the Republic of Kazakhstan and in the Russian Federation: in the process of standard-setting activities in improving the norms of Chapter 6 of the Criminal code of the Republic of Kazakhstan and the norms of Section V of Chapter 14 of the Criminal code of the Russian Federation; in the work of specialized inter-district courts for juveniles, considering cases against juveniles and assigning criminal penalties to them; by authorities and administration in the development of preventive measures.

scholarly journals Exemption From Criminal Liability Under The Criminal Legislation Of The Republic Of Uzbekistan

2021 ◽  
Vol 03 (07) ◽  
pp. 46-51
Author(s):  
Kurbonov Davlat Ravshanovich ◽  
Keyword(s):  
Criminal Liability ◽  
The Republic ◽  
Criminal Legislation

The article reveals the content of the concept of «exemption from criminal liability», lists the grounds for the release of a person from criminal liability. Also, proposals and recommendations were developed for the development of theoretical and practical aspects of improving the institution of exemption from criminal liability.

THE CONCEPT AND CAUSES OF THE DIVORCE UNDER THE LEGAL REGULATION OF THE REPUBLIC OF MACEDONIA AND THE NEED FOR ADAPTATION WITH CHANGES IN THE CONTEMPORARY WORLD

2018 ◽  
Vol 28 (6) ◽  
pp. 1959-1963
Author(s):  
Kaltrina Zekolli Shaqiri ◽  
Emrije Zuberi
Keyword(s):  
Social Life ◽  
Social Issues ◽  
Comparative Method ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Form ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
Over Time

The issue of divorce and rising rates in the modern world is one of the most serious problems and social issues that greatly affect the lives of people. Divorce is a human right. It is an expression of individual freedom to want and to choose. Setting up the right to divorce is an expression of civilization today and at the same time it can be considered as significant progress compared to the past because it allows the disruption of the community in which relations between spouses do not function according to the corresponding and prescribed order. Divorced marriages relate to personal and social life very deeply. It causes stress and makes the individual unsuccessful and changes his life. Although many couples agree to stay with their partner to death, many marriages will end up divorcing instead of death. Until almost the divorce was considered as the most difficult marriage dysfunction leading to a complete disorganization of the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. Over time, a system of the so-called "binuclear family" has emerged following the divorce, which suggests that divorce is not death for the family. This paper will analyze the causes of divorce, which are a multidisciplinary challenge and the use of certain reforms that will overcome the problems that arise in practice as well as the need to align our legislation with the general tendencies of other contemporary European legislation, as well as with international documents. The importance of the institution for divorce as a legal form of termination of the marriage, the importance of applying the international principles and practices of this institution of law, the need to amend and supplement the Family Law of the Republic of Macedonia for more specific regulation of divorce, the need to implement innovations in the positive legislation because it is a necessity and need to adjust the positive laws of the Republic of Macedonia towards those of the EU, as well as from the introduction of an institution family mediation. In order to make this paper better and be able to conceptualize the subject of research from different angles, various research methods such as the historical method, the descriptive method, the normative method and the comparative method will be used. The methods that will be used for this paper will be applied appropriately and will have a scientific and research character. This research will also have an empirical part by which, by analyzing the statistical results of different institutions, which, as a scope of work, also have the issue of divorce, will present a general picture of the relationship of these institutions towards marriage as an institution, statistical data on the number of divorces in the Republic of Macedonia and the most common reasons that lead to the divorce.

scholarly journals Institute of Criminal Liability of Legal Entities Under the Criminal Legislation of the Kyrgyz Republic

2020 ◽  
Vol 6 (3) ◽  
pp. 346-350
Author(s):  
T. Salybekova
Keyword(s):  
Crime Prevention ◽  
Criminal Liability ◽  
Corporate Control ◽  
Judicial Reform ◽  
Kyrgyz Republic ◽  
Legitimate Interests ◽  
The Republic ◽  
Criminal Legislation ◽  
Legal Entities

The article deals with the Institute of criminal liability of legal entities under the criminal legislation of the Kyrgyz Republic. According to the author, the most important indicators of the effectiveness of the ongoing reforms in the Republic should be the completion of the judicial reform, increasing the independence and authority of the judiciary in protecting the rights, freedoms and legitimate interests of individuals and legal entities. The Institute of criminal liability of legal entities will facilitate the adoption by legal entities of additional measures of corporate control over their officials of management bodies, thus solving the problem of crime prevention of legal entities.

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.

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.

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