VANDALISM IN THE CRIMINAL LAWS OF THE CIS COUNTRIES

2021 ◽  
pp. 11-13
Author(s):  
С.П. Пилат
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Foreign Countries ◽  
Cis Countries

В статье приводится сравнительный анализ норм уголовного права отечественных и зарубежных стран, который открывает возможность ликвидировать существующие лазейки во внутреннем уголовном праве, а также совершенствовать законодательство об ответственности за вандализм. The article provides a comparative analysis of the norms of criminal law of domestic and foreign countries, which opens up the opportunity to eliminate existing loopholes in domestic criminal law, as well as improve legislation on liability for vandalism.

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

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.

scholarly journals COMBATING CYBERCRIME IN FOREIGN COUNTRIES

2016 ◽  
pp. 0-0
Author(s):  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Criminal Law ◽  
Information Technologies ◽  
Telecommunication Networks ◽  
Constitutional Rights ◽  
Computer Information Systems ◽  
Foreign Countries ◽  
The Usa ◽  
Cis Countries ◽  
Real Picture ◽  
The Uk

Modern trends in Cybercrime in the criminal legislation of Russia and foreign countries are so multifaceted that sometimes it is difficult to distinguish between acts that directly violate information security, and invasions associated with computer technology in which the use of computer information systems is only one of the ways committing a crime. It is supported by the analytical material based on the study of criminal law engineered in the legislation of the UK, Australia, the USA, Germany and the CIS countries in view of the characteristic of illegal access to information technologies and (or) the misuse of information and telecommunication networks. Carried out in this article a comparative analyzes of the different criminal law as concentrated in one group, taking into account the identity of the object of the offence and “dissolved” in the structure of other criminal law provisions reveal the real “picture” of trends in the sphere of combating Cybercrime (against the constitutional rights and freedoms, property, area of economic activity, against public health and public morality, constitutional order and security of the state).

scholarly journals On the Feasibility of Introducing the Specialty of Criminology and Crime Prevention at Law Schools

2019 ◽  
Vol 13 (5) ◽  
pp. 707-717
Author(s):  
Nikolay Shelukhin ◽  
Alexandr Shelukhin
Keyword(s):  
Criminal Law ◽  
Training Programs ◽  
Public Institutions ◽  
Law Schools ◽  
Master's Programs ◽  
Criminological Research ◽  
Foreign Countries ◽  
Cis Countries ◽  
Public Demand

The authors raise the issue of training criminologists in the CIS countries. The training of criminologists should be determined by the need for these specialists in public institutions and the state policy of crime counteraction. This policy is manifested through the development, implementation and support of national anti-crime programs in the sphere of crime counteraction. Such programs could be aimed directly at counteracting crime, or at minimizing its causes (economic, social, political and others). They draw attention to the fact that the volume of knowledge needed by specialists in criminology is determined by the inner contents of criminology as a science and by the trends of criminological research. The authors conclude that two main schools of criminology — Western and Eastern — prescribe different inner contents of criminology as a science in the legal and the sociological sense. This results in different approaches to training criminologists. It is stressed that both criminological schools recognize the necessity of studying criminal law disciplines. The task of the authors was to assess the need for a special training for criminologists and the quality of such training. In the CIS universities, the niche of criminology is covered by bachelor’s and master’s programs with criminal law specialization. There are no special criminology training programs. In other foreign countries, criminologists are trained at numerous bachelor’s and master’s programs, whose specialization is dictated by public demand. The programs are of applied nature.

COMPARATIVE LEGAL ANALYSIS OF THE BREACH OF DUTIES OF THE JUVENILE PERSON UPBRINGING IN THE CRIMINAL LAW SYSTEMS OF RUSSIA AND INDIVIDUAL FOREIGN COUNTRIES

2020 ◽  
Vol 10 (6) ◽  
pp. 159-167
Author(s):  
SVETLANA POMNINA ◽  
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Theory And Practice ◽  
Holistic View ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

Objectives: Particular issues of comparative analysis of the liability regulation for the breach of duties of the juvenile person upbringing in the criminal law systems of Russia and foreign countries are relevant to the theory and practice of criminal law. This reason is conditioned by the need of their in-depth study so as to improve Russian criminal legislation and to extend the practical application of the criminal law norms specified in the Article 156 of the Criminal Code of the Russian Federation as well as to implement its preventive potential. Research methodology: Comparative legal study of the main categories and concepts used to accurately and correctly determine the constructive signs of the investigated criminal encroachment is done by dialectical, comparative, technical and logical methods. Summary: The article reveals the provisions on the specifics of the qualification of personal actions that consists in breach of duties of the juvenile person upbringing under the Russian criminal code. This reason demands a competent scientific and legal assessment upon the experience of their legal regulation in the norms of foreign criminal law. Conducted comparative analysis of criminal legislation, a synthesis of the views of individual scientists-lawyers are allowed to form a holistic view of the institution of responsibility for committing a crime under article 156 of the Criminal Code of the Russian Federation and to identify the main problems that show up at the constructive tagging of this act. Within the framework of this article, a change of the norm wording of the Article 156 of the Criminal Code of the Russian Federation would be justified by the need to implement the particular provisions of the criminal legislation of individual foreign countries. Therefore, this action will help to increase the effectiveness of its application. Significance: The research provisions can be used for teaching of criminal law courses and for practical implementation of criminal nature of the offense.

scholarly journals Criminal-legal ensuring of freedom of religion in modern conditions: a comparative analysis

2021 ◽  
Vol 39 (68) ◽  
pp. 620-649
Author(s):  
Sophia Ya. Lykhova ◽  
Borys D. Leonov ◽  
Tetiana D. Lysko ◽  
Natalya K. Shaptala ◽  
Sergiy I. Maksymov
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
International Standards ◽  
Freedom Of Religion ◽  
Legal Systems ◽  
Legal Method ◽  
Foreign Countries ◽  
The Subject ◽  
Constitutional Right ◽  
The Right

The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.

scholarly journals Responsibility for land damage: a comparative analysis of the criminal legislation of Russia and some foreign countries

2021 ◽  
Vol 901 (1) ◽  
pp. 012069
Author(s):  
V Yu Fyodorovich ◽  
N A Kuzmin ◽  
I A Zavyalov ◽  
A A Chugunov ◽  
Zh A Boitsova
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Foreign Countries ◽  
Criminal Legislation

Abstract In order to find a solution to the existing practical issues of applying the norms of the domestic criminal law in the field of land damage, the analysis of foreign legislation related to criminal pollution and land damage is carried out. Comparative analysis allows us to identify the directions of development of law in the field under study in different cultural environments.

К ВОПРОСУ ОПРЕДЕЛЕНИЯ ФИНАНСОВО-ПРАВОВОГО РЕГУЛИРОВАНИЯ В СФЕРЕ ОБРАЗОВАНИЯ И НАУКИ В РФ: ПРОБЛЕМНЫЕ АСПЕКТЫ И ПУТИ ИХ РЕШЕНИЯ, СРАВНИТЕЛЬНЫЙ АНАЛИЗ С ЗАРУБЕЖНЫМИ СТРАНАМИ

2018 ◽  
Author(s):  
Михаил Геннадьевич Чепрасов ◽  
Юлия Станиславовна Лисачева ◽  
Евгения Дмитриевна Стрельникова
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Legal Regulation ◽  
Innovation Activity ◽  
Foreign Countries ◽  
The Russian Federation

This article discusses the problematic aspects of the financial and legal regulation of innovation activity in the Russian Federation, as well as ways to solve them. A comparative analysis with foreign countries is presented. В данной статье рассмотрены проблемные аспекты финансово-правового регулирования инновационной деятельности в РФ, а также пути их решения. Представлен сравнительный анализ с зарубежными странами.

Repräsentationen von Massengewalt

2017 ◽  
Author(s):  
Joachim C. Savelsberg
Keyword(s):  
Field Theory ◽  
Comparative Analysis ◽  
Criminal Law ◽  
International Criminal ◽  
Humanitarian Aid ◽  
International Criminal Law ◽  
Mass Violence ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Foreign Ministries

With the expansion of international criminal law, the causation and exercise of mass violence is increasingly criminalized. However, the fields of humanitarian aid and diplomacy generate representations completely different from what criminal law suggests. A comparative analysis of eight countries reveals variable susceptibilities for these competing narratives. The empirical evidence is based on a content analysis of more than 3,000 newspaper articles on violence in Darfur and on interviews with African correspondents and specialists in non-governmental organizations and foreign ministries of the eight countries. The analysis suggests differentiations in argumentation concerning field theory as well as theories of globalization.

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