Rekodifikácia trestného zákona v kontexte trestných činov proti republike

2021 ◽  
Author(s):  
Eva Balážová ◽  
Jaroslav Ivor ◽  
Marta Hlaváčová
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Slovak Republic ◽  
Legal Regulation ◽  
Criminal Code ◽  
Change Points ◽  
Modern State ◽  
Criminal Offenses ◽  
The Republic ◽  
The Individual

The issue of the legal regulation of criminal offenses against the republic is interesting and concise, as it points to the importance of protection and security of the societal interests of the Slovak Republic. Defining the individual facts of crimes against the republic ensures protection against crimes that may threaten the very democratic establishment of the republic, its sovereignty, security, defense, as well as its territorial integrity. In the Slovak Republic, the area of crimes against the republic has undergone several changes, in particular the recodification of criminal law. The main crimes related to the ideology and organization of the socialist state were changed after 1989. The basis of the recodification changed the system of the Criminal Code, which expressed a change in the priority of protection of basic human rights and freedoms of individuals over the interests of the state. This change points out the position of the values of the citizens of the Slovak Republic in today’s modern state and at the same time regulates the obligations that the citizen of the whole society has.

scholarly journals CRIMINAL LIABILITY OF LEGAL ENTITIES IN THE SLOVAK REPUBLIC

2019 ◽  
Vol 7 ◽  
pp. 68-77
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Keyword(s):  
Criminal Law ◽  
Slovak Republic ◽  
Criminal Liability ◽  
Criminal Code ◽  
The European Union ◽  
Protective Measures ◽  
Legal Entity ◽  
The Republic ◽  
To Receive ◽  
Legal Entities

The article is dedicated to the general issues of establishment of the criminal liability of legal entities in the Slovak Republic (Slovakia). Similarity of prerequisites for introduction of such liability in the Slovak Republic is noted. Gradual establishment of criminal liability of legal entities in Slovakia is noted, initially it was by means of amendment of the Criminal Code of Slovakia by Law No. 224/2010, which allows for using such “protective measures” as redemption and deprivation of property in relation to legal entities, then it was by means of adoption of Law No. 91/2016 on criminal liability of legal entities. Basic provisions of the Slovak law on criminal liability of legal entities are considered. The attention is paid to the fact that in the Slovak Republic there is a so-called selective criminalization as to the criminal liability of legal entities, when they can be held criminally liable not for all crimes specified in the Criminal Code of the Republic of Slovakia, but only for those of them, which are specified in the special Law No. 91/2016. A list of crimes, for which criminal liability is possible for legal entities, and conditions under which a crime is admitted to be committed by a legal entity, is specified. It is specified, which types of legal entities are foreseen by the Slovak law, and noted that not all of them can be the subjects of criminal liability according to the national laws. The effect of the criminal law is considered in relation to legal entities that have committed crimes in the territory of the Slovak Republic and outside it. The article contains the description of the types of criminal punishments of legal entities, which include: liquidation of the legal entity; deprivation of property; deprivation; penalty; prohibition to carry out activity; prohibition to receive subsidies and grants; prohibition to receive assistance and support from funds of the European Union; prohibition to participate in state procurement; publication of conviction.

scholarly journals A Comparative Understanding of Criminal Liability Formation for Crimes Against Women in Uzbekistan and Cameroon

2021 ◽  
Vol 10 (2) ◽  
pp. 129-148
Author(s):  
Dilbar J. Suyunova ◽  
Yana Yu. Koniushenko ◽  
Nana Charles Nguindip
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Sexual Freedom ◽  
Distinctive Features ◽  
The Republic ◽  
Crimes Against Women ◽  
Victims Of Violence ◽  
Expert Study

Women continue to be victims of violence and the violation of their human rights keep being in the increase as they experienced constant hatred on their status. This article analyzes liability for crimes against women under criminal legislations of the Republic of Uzbekistan and Cameroon by assessing the Criminal Codes rules in both countries in terms of identifying its distinctive features of legal regulation conditional to gender and family differences of subjects is provided. Expert study of criminal legislations related to crimes against women plays a facilitating role in identifying not only real scope of criminal law rules, but also determining if there is a gap in law, or legal regulation is insufficiently socially conditioned. Moreover, analysis of genesis of criminal standards on responsibility for crimes against women made it possible to trace changes in law in relation to such objects of criminal law protection as, for example, life, health, sexual freedom and sexual immunity, honor and dignity of woman, interests of family and its members.

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 The Crimes Against Legal Traffic in Law of Republic Of Serbia // Krivična dela protiv pravnog saobraćaja u pravu Republike Srbije

2018 ◽  
Vol 8 (8) ◽  
pp. 88
Author(s):  
Dragan Jovašević
Keyword(s):  
Criminal Law ◽  
Legal Theory ◽  
Case Law ◽  
Criminal Code ◽  
Special Group ◽  
Criminal Offenses ◽  
The Republic ◽  
Criminal Protection ◽  
First Time ◽  
Official Corruption

In a separate part of the criminal law of the Republic of Serbia, pursuant to the provisions of the Criminal Code issued in 2005, with a number of amendments, the special place, role and importance are the crimes of forgery (forgery) of documents. They were systematized for the first time in a special group called: “Criminal offenses against legal traffic” according to the object of their criminal protection. Depending on the type of documents: private, public or official, different forms and types of manifestation of these crimes are often distinguished, which often represent the means or means for the commission of others, primarily commercial or official (corruption) crimes, or for their concealment and difficult proof . In this paper, from the aspect of legislation, legal theory and case law, the concept, elements, characteristics and forms of manifestation of certain criminal offenses against legal traffic in the Republic of Serbia are analyzed.

scholarly journals RULES ON INCHOATE CRIME IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF BELARUS

2016 ◽  
pp. 0-0
Author(s):  
Василий Некрасов ◽  
Vasiliy Nekrasov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Russian Federation ◽  
The Republic ◽  
Definition Of ◽  
Criminal Legislation ◽  
Tools And Techniques

The article analyzes the issues of differentiation of responsibility and norm design technique on inchoate crime in the criminal legislation of the Republic of Belarus. The author examines the legislative definition of preparation for a crime, attempted crime and voluntary renunciation of criminal purpose. As a result of the study the author has found out the main methods and means of legislative technique, used by the Belarusian legislator. These are abstract and casuistic methods, the terminology of the criminal law and several others. Comparison of legal regulation of norms on unfinished crime in the Criminal code of the Republic of Belarus and the Criminal code of the Russian Federation has allowed to identify gaps made by the legislators of both countries in application of specific tools and techniques of legislative drafting. Court practice of the Republic of Belarus in cases of preparation for a crime and attempted crime also was analyzed in present article. The author has evidentiated the means of differentiation of the responsibility for committing inchoate crime, used by the Belarusian legislator. The definitions “inchoate crime” and “stage of the crime” were also analyzed in present study. As a conclusion the author has made the recommendations for improving the criminal legislation of the Russian Federation and the Republic of Belarus on regulation of criminal responsibility for an inchoate crime.

scholarly journals VAGYSTĖS KVALIFIKUOTŲ SUDĖČIŲ KONSTRAVIMO LIETUVOS RESPUBLIKOS BAUDŽIAMAJAME KODEKSE YPATUMAI

Teisė ◽  
2013 ◽  
Vol 88 ◽  
pp. 129-143
Author(s):  
A. Vosyliūtė
Keyword(s):  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The Republic

Straipsnyje nagrinėjamos Lietuvos Respublikos baudžiamojo kodekso 178 straipsnio (vagystė) 2, 3 dalyse numatytos vagystės kvalifikuotos sudėtys, jų konstravimo ypatumai. Analizuojamas kai kurių vagystę kvalifikuojančių požymių kriminologinis pagrįstumas ir tikslingumas, aptariamas vagystės kvalifikuotų sudėčių vertinimas loginiu, stilistiniu, sisteminiu aspektais, baudžiamojo įstatymo vientisumo požiūriu. Atskleidžiamos kai kurios vagystės kvalifikuotų sudėčių teisinio formulavimo klaidos. Pateikiami šių sudėčių konstravimo tobulinimo būdai.Article is devoted to analysis of the corpus delictis of the aggravated theft, that is forseen in Paragraph 2, 3 of Article 178 (theft) of The Criminal Code of the Republic of Lithuania. Criminological validity and appropriateness of some aggravating elements of theft are analyzed. The logical, stylistic, systemic evaluation of the corpus delictis of the aggravated theft is discussed as well as evaluation of criminal law in terms of integrity. The article reveals some errors of legal regulation of the corpus delictis of the aggravated theft. The proposals on the further improvement of the regulation are given.

scholarly journals CHARACTERISTICS OF CRIMINAL ACTS AGAINST THE LEGAL TRAFFICKING WITH CRIMINAL LEGAL ANALYSIS OF CRIMINAL WORK FALSIFICATION OF THE CORRECTION OF ART. 378 OF THE CRIMINAL CODE OF THE REPUBLIC OF NORTH MACEDONIA

2019 ◽  
Vol 31 (5) ◽  
pp. 1579-1584
Author(s):  
Tose Panov
Keyword(s):  
Criminal Law ◽  
Legal Theory ◽  
Criminal Code ◽  
Separate Group ◽  
Legal Analysis ◽  
Special Place ◽  
Criminal Offenses ◽  
Criminal Defense ◽  
The Republic

In the Criminal Code of RM special place and importance takes the criminal acts for forging documents. These crimes are systematized in a separate group under the title "Crimes against legal traffic", depending on the object of their criminal defense. Depending on the type of document, whether it is private, public or official, the distinctive forms and types of occurrence of these crimes are often distinguished, which often constitute a means or manner of execution of others, primarily commercial or official / corruptive / criminal offenses, or for their concealment and obstruction of proof. It is precisely this paper that aims to provide, according to the legislation and the legal theory, a criminal legal analysis of the notion, elements, characteristics and forms of appearance of criminal offenses against legal traffic in Macedonia with criminal law analysis of the basic crime.

Trestné činy ohrozujúce zvrchovanosť v podmienkach Slovenskej republiky

2021 ◽  
Author(s):  
Jaroslav Klátik ◽  
 Jozef Michalko
Keyword(s):  
Slovak Republic ◽  
Criminal Code ◽  
Security Forces ◽  
Criminal Offenses ◽  
Special Part ◽  
The Republic

Criminal offenses threatening sovereignty in the conditions of the Slovak Republic are regulated in the seventh chapter of a special part of the Criminal Code as Crimes against the Republic. Criminal offenses threatening sovereignty in the conditions of the Slovak Republic are particularly dangerous for their effects on society and therefore, despite their very small occurrence, it is important that the security forces in the Slovak Republic sufficiently monitor the proceedings that could fulfill the factual nature of the crimes threatening sovereignty. The fact that these crimes, threatening sovereignty, do not occur in society makes them all the more dangerous.

Urážka prezidenta republiky po roce 1945 až do současnosti

2021 ◽  
Author(s):  
Pavel Vetešník
Keyword(s):  
Czech Republic ◽  
Criminal Law ◽  
Case Law ◽  
Legal Regulation ◽  
Legal Regulations ◽  
Related Case ◽  
The Czech Republic ◽  
The Republic ◽  
Definition Of ◽  
The Individual

The article deals with the definition of the legal regulation of insult of the President of the Republic and its punishment in the territory of the Czech Republic after 1945 up to the present. Due to the fact that such a definition has not always been made exclusively by legislation of a criminal law nature, the contribution will also focus on legislation of an administrative and private nature. During the elaboration of the contribution, mainly explanatory memoranda to the laws that introduced, changed or deleted the legal regulation of insulting the President of the Republic will be drawn. Periodical comments explaining the individual starting points of these legal regulations and related case law will also be a necessary helper. This will show an overall view of the legal regulation of insults of the President of the Republic in the period under review.

scholarly journals Interpretation of some criminal law aspects of the right to respect for private life

2021 ◽  
Vol 1 (15) ◽  
pp. 111-125
Author(s):  
Yuriivna Timofeyeva
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Freedom Of Expression ◽  
Environmental Safety ◽  
Criminal Code ◽  
The State ◽  
Private Life ◽  
The Right To Privacy ◽  
The Individual ◽  
The Right

The article considers some issues of interpretation of the right to privacy in the practice of the ECtHR and its impact on the criminal law of Ukraine. Numerous violations of the articles of the Convention require systematic response of the state and appropriate changes in both legislation and changes in law enforcement practices. The violations relate in particular to problems of interpretation of the provisions of the Convention. Provisions of Art. 8 of the Convention are related to other provisions of the Convention and the development of the case law of the European Court of Human Rights on certain issues. It is noted that the Convention is dynamic, it changes under the influence of society, its provisions change in the process of development and acquire new meanings. In particular, the ECtHR recognizes a violation of Art. 8 (right to respect for private life) in those contexts in which he has not previously recognized. In particular, interpretation of Art. 8 of the Convention in the context of the right to environmental safety in case significant harm to the persons health (cases Dubetska and others v. Ukraine, Grymkivska v. Ukraine), the right to beg in the context of the right to freedom of expression (Lakatush v. Switzerland). It is established that the development of these provisions requires analysis and consideration in the development of a new Criminal Code. At the same time, care must be taken to maintain a balance between freedoms and human rights and the security of society and the state. It is important that the rights enshrined in the Convention remain fundamental and do not go beyond the interests and needs of the individual. In addition, it is also necessary to take into account the national characteristics of the state.

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