Strafbare Korruption bei Kooperationen mit den Gesundheitshandwerken

2021 ◽  
Author(s):  
Tobias Meyer
Keyword(s):  
Patient Care ◽  
Criminal Law ◽  
Hearing Aids ◽  
Healthcare Professionals ◽  
Hearing Aid ◽  
Criminal Code ◽  
Visual Aids ◽  
Law Regulation ◽  
Dental Technology

Physicians and dentists collaborate with healthcare professionals such as hearing aid acousticians, opticians and dental technicians to provide patient care. Depending on the type of collaboration, this may involve corruption within the meaning of §§ 299a ff. of the German Criminal Code (StGB). The idiosyncrasies relevant to the criminal law examination in the provision of hearing aids, visual aids and orthopedic and dental technology are examined and the resulting criminal law implications are discussed. Examples common in practice, such as company shareholdings or the granting of price reductions, are considered with respect to the criminal law regulation of § 299a StGB.

Suspended Sentence and Placement in a Special Educational Institution: Features of Application and Correlation in the Context of the Systematic Nature of Criminal Law

2021 ◽  
pp. 267-271
Author(s):  
Vаleria A. Terentieva ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Educational Institution ◽  
Criminal Code ◽  
Criminal Punishment ◽  
Simultaneous Application ◽  
Closed Type ◽  
The Russian Federation ◽  
Law Regulation

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

scholarly journals A Perspective on the Application of Kapferer's Brand Identity Prism in the Branding Process of Hearing Aid Retail Companies

2020 ◽  
Vol 5 (3) ◽  
pp. 141-146
Author(s):  
Florian Ross
Keyword(s):  
Hearing Aids ◽  
Healthcare Professionals ◽  
Hearing Aid ◽  
Jel Classification ◽  
Brand Identity ◽  
Practical Implementation ◽  
Healthcare It ◽  
Relevant Role ◽  
The Individual ◽  
Retail Company

Objective – The aim of this paper is to develop a baseline guide for the branding of hearing aids for use by Hearing Aid Retail Companies. Methodology/Technique – The individual dimensions of Kapferer's brand identity prism were analyzed and practically applied to the branding process of a Hearing Aid Retail Company. Findings – Each dimension plays a relevant role in a consistent branding process. The study concludes that Hearing Aid Retail Companies, particularly smaller ones, should focus on branding due to increasing competition to remain competitive in the market. Novelty – This paper deals with the practical implementation of Kapferer's brand identity prism in the context of Hearing Healthcare. It offers Hearing Healthcare Professionals a framework for the branding process. Type of Paper: Secondary Article – Editorial / Perspective Piece. JEL Classification: M31, M37 Abbreviation: HARC - Hearing Aid Retail Company Keywords: Branding; Marketing; Hearing Healthcare; Kapferer´s Brand Identity Prism. Reference to this paper should be made as follows: Ross, F. 2020. A Perspective on the Application of Kapferer's Brand Identity Prism in the Branding Process of Hearing Aid Retail Companies, J. Mgt. Mkt. Review 5(3) 141 – 146. https://doi.org/10.35609/jmmr.2020.5.3(2)

scholarly journals Criminal-Legal Mechanisms For Protecting The Activities Of Business Entities In Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 2123-2135
Author(s):  
Marufjon Kurbanov
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Business Activity ◽  
Special Significance ◽  
The Social ◽  
The Republic ◽  
Business Entities ◽  
Law Regulation

This article is dedicated to the institute of protecting business through criminal law in the Republic of Uzbekistan. In it, the author conducted an analysis of general characteristics of crimes related to obstruction, unlawful interference in business activities according to the Criminal code of the Republic of Uzbekistan. Therefore, researching of legal nature of crimes against business, analyzing its objective and subjective signs has a very special significance. The author reveals the social danger of these kinds of crimes, the necessity of appointing the criminal responsibility for it. Such types of crimes against business Violation of the right to private property, Forced involvement of business entities in charity and other events, Illegal suspension of activities of business entities and (or) operations on their bank accounts are analyzed. Therefore, researching criminal law regulation of business activity in the example of the Republic of Uzbekistan, analyzing its objective signs has a very special significance. The author reveals the social essence of criminal law regulation of business activity in Uzbekistan danger. And, namely, it has been provided specifics of the criminal legal protection of entrepreneurial activity in the criminal law of Uzbekistan are determined by the model of the economic system and the legal regulation of economic relations in the state. On the basis of the Criminal Code of the Republic of Uzbekistan, reviewed the significant aspects of protecting business through criminal law in the Republic of Uzbekistan.

scholarly journals Forms of Participation of Several Persons in the Commission of Crimes

2020 ◽  
pp. 98-104
Author(s):  
Evgenii Leonidovich Libenzon
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Assessment ◽  
Legal Nature ◽  
Special Part ◽  
Law Regulation

The article reveals the legal nature of complicity in a crime, reveals the objective and subjective signs of complicity, gives a description of complicity, examines the main problems that practitioners face in resolving the problems of criminal law regulation of joint participation in a crime, including the presence in the norms of the Special Part of the Criminal Code RF, provides a legal assessment of the legality of establishing responsibility for certain types of actions of accomplices, whose criminal liability is presented as independent offenses.

scholarly journals Forms of Participation of Several Persons in the Commission of Crimes

2021 ◽  
Author(s):  
Evgenii Leonidovich Libenzon
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Assessment ◽  
Legal Nature ◽  
Special Part ◽  
Law Regulation

The article reveals the legal nature of complicity in a crime, the objective and subjective signs of complicity, gives a description of complicity, examines the main problems that practitioners face in resolving the problems of criminal law regulation of joint participation in a crime, including the presence in the norms of the Special Part of the Criminal Code RF, provides a legal assessment of the legality of establishing responsibility for certain types of actions of accomplices, whose criminal liability is presented as independent offenses

scholarly journals System approach in criminal law: achievements and prospects of application

2021 ◽  
Vol 2 (20) ◽  
pp. 11
Author(s):  
V. F. Obolentsev
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Systems Engineering ◽  
System Approach ◽  
Criminal Code ◽  
Law System ◽  
Legal Norms ◽  
Criminal Offenses ◽  
Systemic Nature ◽  
Law Regulation

The solution of fundamental problems of criminal-law regulation should be carried out taking into account doctrinal scientific developments and the latest achievements of scientific and technological progress. In this sense, using of a system approach is expanded, which has now received significant instrumental support in the format of information technology and software. A system approach is a methodological direction of scientific knowledge of system objects by means of system engineering, which is implemented in two main areas – in the field of methodology and theory, and in the field of specific applications. The aim of the paper is a comprehensive description of using of system approach in domestic criminal law. The task is to outline the prospects of applying a system approach in domestic criminal law, taking into account the latest technologies of systems engineering. Criminal law in its essence can be understood as a system of information (knowledge) that outlines the criminal offenses’ types and criminal law measures of state reaction to them. As a systemic object, this phenomenon is characterized by several circumstances. System components of criminal law. First of all, the authors are talking about the systemic nature of a crime, according to which the system of criminal law regulation is oriented. The systems are also criminal law provisions. Their structural elements-subsystems are hypothesis, disposition and sanction The system of criminal law has its own structure. The initial elements of its structure are criminal law. This also includes atypical regulations: criminal law constructions, legal presumptions and fictions. According to the degree of generalization, legal norms and atypical normative prescriptions are united into legal institutions. The systemic structure of the studied system object is manifested in the multiplicity of relations between them. System connections of criminal law. In the system of criminal law, informational connections are realized. Functioning of criminal law system in the system environment. Through the mechanisms of rule-making, information from protected social relations is introduced into it from the outside, and through the mechanisms of law enforcement, it affects its environment. According to the system approach, a model of the crime system and the system of the Criminal Code of Ukraine is proposed, developed on the basis of IDEF0 notation

Problems of criminal law regulation of replacement of the unserved part of the sentence with a milder type of punishment

2020 ◽  
pp. 122-133
Author(s):  
Александр Алексеевич Урусов
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Clear Trend ◽  
Early Release ◽  
Judicial Practice ◽  
Original Sentence ◽  
Effective Use ◽  
Criminal Legislation ◽  
Law Regulation

В статье устанавливается ряд проблем уголовно-правового регулирования института замены неотбытой части наказания более мягким видом наказания, имеющих теоретическое и правоприменительное значение. В рамках статьи исследованы различные точки зрения ученых относительно исследуемой проблемы, проанализирована судебная практика о замене неотбытой части наказания более мягким видом наказания. Проведен сравнительный анализ двух видов досрочного освобождения от наказания (условно-досрочного освобождения и замены неотбытой части наказания более мягким видом наказания). Основное внимание уделяется исследованию возможности повторного применения к осужденному правил УК РФ о досрочном освобождении. Анализ реализации исследуемых видов досрочного освобождения показал, что ранее они не имели широкого распространения, но в последние годы не только прочно заняли свое место в юридической практике, но и, более того, демонстрируют отчетливую тенденцию к расширению применения. Аргументируется необходимость законодательного закрепления условного характера замены неотбытой части наказания более мягким видом наказания как вида досрочного освобождения от отбывания наказания. В ст. 80 УК РФ следует установить определенные условия, несоблюдение которых может повлечь отмену замены наказания. В этом случае осужденный должен быть направлен для отбывания первоначально назначенного ему вида наказания. Предложенные в статье изменения уголовного законодательства в области реализации замены неотбытой части наказания более мягким видом наказания будут способствовать эффективному применению данного поощрительного института, повышению качества предупредительного и исправительного воздействия на правонарушителей. The article identifies a number of problems of criminal law regulation of the institution of replacing the unserved part of the sentence with a milder type of punishment, which have theoretical and law enforcement significance. The article examines the various points of view of scientists, set out in the special literature, regarding the problem under study, and analyzes the judicial practice of replacing the unserved part of the punishment with a more lenient type of punishment. A comparative analysis of two types of early release from punishment (parole and replacement of the unserved part of the sentence with a more lenient type of punishment) is carried out. The main attention is paid to the study of the possibility of re-applying the rules of the criminal code of the Russian Federation on early release to a convicted person. The analysis of the implementation of the studied types of early release showed that previously they were not widely used, but in recent years they have not only firmly taken their place in legal practice, but also, moreover, shows a clear trend to expand their use. The author argues for the need to legislate the conditional nature of replacing the unserved part of the sentence with a milder type of punishment as a type of early release from serving a sentence. In article 80 of the criminal code should establish certain conditions, the violation of which may result in cancellation of commutation. In this case, the convicted person must be sent to serve the original sentence. The changes in the criminal legislation proposed in the article in the field of implementing the replacement of the unserved part of the sentence with a more lenient type of punishment will contribute to the effective use of this incentive institution, improving the quality of preventive and correctional impact on offenders.

scholarly journals Criminal law regulation in the professional activity of a journalist

2020 ◽  
pp. 171-180
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Practical Significance ◽  
Professional Activity ◽  
Special Role ◽  
Professional Activities ◽  
Criminal Offenses ◽  
Criminal Legislation ◽  
Law Regulation

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.

scholarly journals THE CONCEPT OF ACCOUNTS PAYABLE IN THE COMPOSITION OF CRIMES IN THE SPHERE OF ECONOMIC ACTIVIT

2020 ◽  
pp. 17-20
Author(s):  
A.G. Maksimov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Law ◽  
Economic Activity ◽  
Civil Law ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Accounts Payable ◽  
The Russian Federation ◽  
Law Regulation

The norms of Chapter 22 of the Criminal Code of the Russian Federation are in the overwhelmingmajority of a blanket nature. Blanketness implies the need to appeal to other, in addition to criminal,branches of law to establish the content of a criminal law prohibition. However, the criminal law containsdefinitions that are not defined not only in the normative acts of various branches of law, but also in thelegal doctrine. Of course, such a situation significantly complicates the process of understanding the true content of the criminal law norm, as a result, can lead to significant errors in law enforcement. One ofthese definitions is “accounts payable”. The term itself is directly mentioned in the disposition of one normof the criminal law — Art. 177 (malicious evasion from paying off accounts payable). However, the term“accounts payable” must be established when qualifying a number of other acts, for example, such as unlawfulactions in bankruptcy, deliberate bankruptcy, fraud associated with deliberate failure to fulfill contractualobligations (parts 4 and 5 of article 159 of the Criminal Code of the Russian Federation). In this article,the author, on the basis of a comprehensive analysis of the economic content, civil law regulation and thespecifics of criminal law application, proposes his own approach to establishing the content of the conceptof “accounts payable”, which can be useful both in developing a model of effective criminal law protectionof economic activity, and and in the process of law enforcement.

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