scholarly journals Offense of organizing illegal migration: subject of the offense

2021 ◽  
pp. 136-143
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Material Object ◽  
Illegal Migration ◽  
Additional Protocol ◽  
The Status ◽  
The Subject ◽  
Migrants Rights ◽  
The Republic

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

scholarly journals NETEISĖTO PRATURTĖJIMO NUSIKALTIMO DALYKAS

Teisė ◽  
2014 ◽  
Vol 90 ◽  
pp. 175-187 ◽  
Author(s):  
S. Makūnaitė
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
The Republic

Straipsnyje analizuojami turto, kaip Lietuvos Respublikos baudžiamojo kodekso 1891 straipsnyje numatyto neteisėto praturtėjimo nusikaltimo dalyko, požymiai (forma, kilmė, vertė), akcentuojant kai kurias teorines ir praktines baudžiamosios atsakomybės už neteisėtą praturtėjimą problemas.  The article analyses characteristics (form, origin and value) of assets as the subject of crime of illicit enrichment provided in Article 1891 of the Criminal Code of the Republic of Lithuania (CC), highlighting some theoretical and practical problems of criminal liability related to illicit enrichment. >

scholarly journals OBJECT OF CRIMINAL OFFENSE OF PROVIDED ST. 211 OF THE CRIMINAL CODE OF UKRAINE “PUBLICATION OF REGULATORY LEGAL ACTS, WHICH DECREASE BUDGET REVENUES OR INCREASE EXPENDITURE OF THE BUDGET CONTRARY TO THE LAW”

2020 ◽  
pp. 64-70
Author(s):  
О. О. Константинов
Keyword(s):  
Criminal Law ◽  
Economic Activity ◽  
Foreign Currency ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Budgetary Institutions ◽  
The Status ◽  
The Subject ◽  
Local Budget

The relevance of the article is that, as is well known, the “vertical” and “horizontal” classifications of objects of crime are generally accepted and accepted in the science of criminal law. “Vertically” the most common is the four-level classification, according to which there are general, generic, species and direct objects. The article analyzes the object of the criminal offense under Art. 211 of the Criminal Code of Ukraine, “Issuance of regulations that reduce budget revenues or increase budget expenditures contrary to law”. The article considers the issue of determining the generic, specific and direct composition of a criminal offense. It was found that the budget funds should be understood as: tax revenues received in the relevant budgets; other mandatory payments received in the relevant budgets; income from the use of state-owned property after payment of taxes (fees) provided by law; revenues from paid services provided by budgetary institutions after payment of taxes (fees) provided by law; funds received as a result of the application of measures of civil, administrative and criminal liability, including fines, confiscation, compensation, etc.; part of the profit of unitary state and municipal enterprises; income from foreign economic activity. It is determined that the subject of the crime under Art. 211 of the Criminal Code of Ukraine, there can be only normative legal acts. The funds (or rather the consequences in the form of a certain type of damage), actually received and only planned as revenues and expenditures of the state or local budget, must be in the status of the consequence of this act. Such a crime is committed, for example, in cases where an official issues regulations that change only the revenues and expenditures of the budget recorded in the relevant legal act. When an official issues a normative legal act that provides for the illegal write-off of taxpayers’ arrears of taxes, fees and other mandatory payments, the budget does not receive the funds that should have been received. The term “funds” in the current legislation means money in national or foreign currency or their equivalent. That is, the equivalent of money can be called budget funds, if they equally replace the money included in the budget.

scholarly journals Offense of organizing illegal migration: subjective side of the offense in relation to the victim’s consent

2021 ◽  
pp. 45-52
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Code ◽  
The State ◽  
Human Beings ◽  
Illegal Migration ◽  
Mental Attitude ◽  
Republic Of Moldova ◽  
The Social ◽  
The Subject ◽  
The Republic ◽  
Subjective Side

The prosecution of a person who has committed a prejudicial act is a priority of the state to protect a public interest, or to defend a fundamental right for which the state has commitments to respect. This article identifies the mental attitude of the subject of the crime towards the prejudicial act of organizing illegal migration. The article also elucidates the extent to which the migrant, who is the victim of the crime, is directed by the perpetrator. Also, attention is drawn to the purpose and motive of the crime. In the same context, it is analyzed what impact the victim’s consent has on the commission of the crime. In the author’s opinion, the analysis of the organization of illegal migration through the prism of its distinct elements plays a fundamental role for the legislation of the Republic of Moldova. It is concluded that the Moldovan legislator must introduce in the Criminal Code of the Republic of Moldova the phrase “migrants’ trafficking”, in exchange for the current one of “organizing illegal migration”. This conclusion is based on the social requirement to protect the rights and interests of migrants. Thus, the Moldovan authorities will be able to identify the authentic purpose pursued by the perpetrator when violating human values and freedoms (the authorities will make a clear distinction between trafficking of human beings and trafficking of migrants).

scholarly journals Persons who can be criminally liable for handling an event and for arrangement bets

2021 ◽  
pp. 15-20
Author(s):  
Gheorghe Renita ◽  
Keyword(s):  
Criminal Liability ◽  
Republic Of Moldova ◽  
Games Of Chance ◽  
The Subject ◽  
Special Quality ◽  
The Republic ◽  
Legal Entities

In the Republic of Moldova, individuals and legal entities, respectively, can be held criminally liable for handling an event and for arranged bets. It was found that the subject of the offense of arranged betting has the special quality of a person who knows with certainty about the existence of an agreement regarding the cheating of the betting event. It is also not excluded that the organizer of the arranged bet may be the organizer of the bet. In fact, these games of chance can only work and be maintained if the majority of those who bet, lose more than they win. Last but not least, it has been established that those who commit harmful acts in cyberspace, who are liable to criminal liability for handling an event and for arranged bets (and not only), cannot remain incognito. They need to be identified and differentiated from justice.

Răspunderea participantului la un eveniment sportiv sau de pariat pentru manipularea evenimentului

2021 ◽  
Vol 2021 (2021) ◽  
pp. 75-85
Author(s):  
Gheorghe RENIŢĂ ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Fair Play ◽  
Republic Of Moldova ◽  
Sporting Event ◽  
The Subject ◽  
The Republic

A person who encourages, instructs or influences a participant in a sporting event or betting event to engage in conduct that would vitiate that event, in order to obtain goods, services, privileges or benefits in any form that are not due to him, for himself or for another person, will be criminally liable in accordance with art. 2421 of the Criminal Code of the Republic of Moldova. Instead, if the participant in a sporting or betting event will not fulfil the obligation in question and will adopt the conduct required by the subject of the crime provided in art. 2421 of the Criminal Code of the Republic of Moldova, then he can be held disciplinary / contractual liability both for non-reporting and for his behavior contrary to the principle of fair play in the event, but not to criminal liability. In this article, the author argues the need to criminalize the act of participating in a sporting / betting event to partially or completely eliminate the unpredictability of the event in which it evolves, taking into account the principle of ultima ratio.

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

scholarly journals Criminal Liability of Legal Entities under the Laws of the Former Yugoslav Republic of Macedonia

2018 ◽  
Vol 8 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Republic Of Macedonia ◽  
Special Part ◽  
Yugoslav Republic ◽  
The Republic ◽  
Discretionary Powers ◽  
Legal Entities

The article is dedicated to the review of the laws of the Republic of Macedonia (the Former Yugoslav Republic of Macedonia) on criminal liability of legal entities established in 2004 by introduction of amendments and supplements to the Criminal Code of the Republic of Macedonia. The article analyzes legal resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of legal entities which can be brought to criminal liability; focuses on the fact that legal entities in the Republic of Macedonia may not be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws, rather for the acts which are specifically addressed in the articles of the Special Part of the Criminal Code of the Republic of Macedonia or other criminal laws. The author reviews such types of criminal sanctions applicable to legal entities as a fine, legal entity liquidation, forfeiture and sentence publication; notes the circumstances taken into account at punishment imposition and conditions for release from punishment as well as criminal and procedural peculiarities of bringing legal entities to liability including indication of broad discretionary powers of a prosecutor in solution of issues on bringing legal entities to criminal liability.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

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