scholarly journals Comparative analysis of the criminal offence of the trafficking of human organs in the recently-formed countries of the Balkans

SEER ◽  
2019 ◽  
Vol 22 (1) ◽  
pp. 105-116
Author(s):  
Fejzi Beqiri

The trafficking of human organs is a complex crime. In this respect, law enforcement institutions are confronted with wide-ranging problems in following the right path, beginning with the identification of criminal activity, the identification of the trafficking victim, the full investigation of the case and the taking of measures to bring the case to court so that the criminal has to face deserved punishment. The purpose of this article is to make a comparative analysis of the criminal offence of the trafficking of human organs in those states formed out of the former Yugoslavia, including the types and weights of criminal sanctions that are foreseen in the criminal codes in these states. It is apparent that some states in the region need to make changes to the provisions of their Criminal Codes in order to incriminate some forms of this offence, including as regards potential victims including children, women, elderly people, disabled people and others with limited capacities. Further work also needs to be done concerning potential perpetrators including corporate entities, medical professionals and criminal groups.

2018 ◽  
Vol 6 ◽  
pp. 78-85
Author(s):  
Nenad Radović

[full article, abstract in English; abstract in Lithuanian] Drug trafficking is a very lucrative criminal activity, with a growing number of organized criminal groups from the Balkans. According to Europol’s report, about 5000 organized criminal groups are active in the European Union.2 According to the results of the National survey on the lifestyles of the citizens in the Republic of Serbia in 2014, the use of psychoactive substances and games of chance and illegal drug use at least once during a lifetime was recorded at 8.0% of the total population aged 18 to 64 (10.8% of males and 5.2% of females), with greater prevalence (12.8%) in the younger adult population aged 18 to 34. The number of heroin users who inject drugs in Serbia is between 10 000 and 25 000. The main estimated number is 20 000 heroin users who inject drugs, i.e., 0.4% of the population aged 15 to 64. Based on the analysis of data on drug-related deaths, it can be noted that there has been a decline in the number of deaths in the past five years, and most of these cases are related to opiates. In the territory of the Republic of Serbia, the production of heroin has not been recorded, and that gives trafficking a greater primacy, which is supported by the fact that high quality heroin is further trafficked in the form of a base that is mixed with other substances (paracetamol, caffeine, sugar etc.). In this way, such a high degree of purity of heroin allows the members of criminal groups to increase the quantity of narcotics by mixing substances suitable for this and, in that way, achieve greater profits. The most commonly used illegal drug among the adult population is cannabis (marijuana and hashish), and the use of the mentioned drugs has been recorded at least once during a lifetime in 7.7% of subjects aged 18 to 64 (10.4% of men and 4.9% of women). The use of other illegal drugs is very rare; 1.6% of questioned individuals (2.5% of the population aged 18 to 34) have used other illegal drugs.


2019 ◽  
Vol 10 (3) ◽  
pp. 268-286
Author(s):  
Sylwia Gawronska

Although illicit organ removal is not a new crime, globalisation and economic inequality, underpinned by shortages of organs, have amplified this problem to such an extent that governments are now urged to take comprehensive punitive measures. Some manifestations of illicit organ removal are already considered criminal offences under domestic transplant legislations and under the framework of human trafficking. At the same time, illicit organ removal has also been categorised as a form of organ trafficking by the Council of Europe Convention against Trafficking in Human Organs, which calls upon governments to establish as a criminal offence a broad range of illicit organ- and transplant-related activities. As the crime of illicit organ removal lies at the centre of both human trafficking and organ trafficking, questions arise as to the exact differences between the two frameworks, their overlaps and their legal consequences. This article aims to provide answers to those questions by conducting a comparative analysis of both legal frameworks in terms of their development, scope, criminal law provisions and implementation. This analysis is followed by an examination of their overlaps and the consequences of prosecuting under either framework. A set of recommendations is presented aimed at implementing both legal frameworks in a way that guarantees effective prosecution while maximising the protection of victims.


Author(s):  
V.G. Rubtsov

In the article, the author notes the increased influence of ethnic criminal groups on the criminal situation in Russia. This is due to the specific patterns of their activities. To describe these regularities, the criminalistic characteristics of the criminal activity of ethnic criminal formations can be represented by the following elements: 1) the composition and structure of the formation; 2) the characteristics of the participants' personality; 3) the direction of criminal activity; 4) types of criminal activity; 5) external relations of the formation. Based on empirical data from 2008 and 2019, a comparative analysis of these elements was conducted. The study showed that over the past decade, the activities of these groups, as well as those of other criminal groups, have been reoriented from self-serving and violent methods of criminal activity to intellectual criminal activity, primarily in the economic sphere. In addition, more active use of information technologies in criminal activities is noted; the share of leaders of groups with higher education has increased. More specific changes occurred in the composition, structure, external relations of these groups. As a result of these changes, the activities of criminal groups organized on an ethnic basis are becoming even more closed.


2020 ◽  
Vol 10 (1) ◽  
pp. 28-32

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.


Author(s):  
Anne Phillips

No one wants to be treated like an object, regarded as an item of property, or put up for sale. Yet many people frame personal autonomy in terms of self-ownership, representing themselves as property owners with the right to do as they wish with their bodies. Others do not use the language of property, but are similarly insistent on the rights of free individuals to decide for themselves whether to engage in commercial transactions for sex, reproduction, or organ sales. Drawing on analyses of rape, surrogacy, and markets in human organs, this book challenges notions of freedom based on ownership of our bodies and argues against the normalization of markets in bodily services and parts. The book explores the risks associated with metaphors of property and the reasons why the commodification of the body remains problematic. The book asks what is wrong with thinking of oneself as the owner of one's body? What is wrong with making our bodies available for rent or sale? What, if anything, is the difference between markets in sex, reproduction, or human body parts, and the other markets we commonly applaud? The book contends that body markets occupy the outer edges of a continuum that is, in some way, a feature of all labor markets. But it also emphasizes that we all have bodies, and considers the implications of this otherwise banal fact for equality. Bodies remind us of shared vulnerability, alerting us to the common experience of living as embodied beings in the same world. Examining the complex issue of body exceptionalism, the book demonstrates that treating the body as property makes human equality harder to comprehend.


2016 ◽  
Vol 1 (1) ◽  
pp. 50-53 ◽  
Author(s):  
Varun Sharma ◽  
Narpat Singh

In the recent research work, the handwritten signature is a suitable field to detection of valid signature from different environment such online signature and offline signature. In early research work, a lot of unauthorized person put the signature and theft the data in illegal manner from organization or industries. So we have to need identify, the right person on the basis of various parameters that can be detected. In this paper, we have proposed two methods namely LDA and Neural Network for the offline signature from the scan signature image. For efficient research, we have focused the comparative analysis in terms of FRR, SSIM, MSE, and PSNR. These parameters are compared with the early work and the recent work. Our proposed work is more effective and provides the suitable result through our method which leads to existing work. Our method will help to find legal signature of authorized use for security and avoid illegal work.


2000 ◽  
Vol 30 (2) ◽  
pp. 353-371 ◽  
Author(s):  
Samuel S. Epstein

An interlocking legislative complex is proposed for the control of carcinogenic and other adverse impacts of established run-away petrochemical and radionuclear technologies, with particular reference to winning the losing war against cancer. These proposals are also applicable to the poorly recognized, potentially adverse public health and environmental hazards of emerging technologies, particularly genetically engineered food production. The proposals embody fundamental democratic rights—the right to know and balanced and transparent decision making—the “Precautionary Principle,” reduction in the use of toxics, incentives for the development of safe industrial technologies, and criminal sanctions for suppression or manipulation of information.


Author(s):  
Тамерлан Шайх-Магомедович Едреев

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.


Author(s):  
V.A. Lebedev ◽  
E.I. Lebedeva

A comparative analysis of the latest changes in labor legislation concerning the implementation of the right to leave by remote workers is carried out. The article considers the legal differentiation of the norms on vacation of remote workers who perform remote work in accordance with the employment contract on a permanent basis, and remote workers who perform remote work temporarily. The complex issues of the application of labor legislation to remote relations and the applied models of vacation regulation are considered; restrictions that cannot worsen the situation of a remote worker, deprive him of constitutional guarantees, or restrict his right to rest.


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