scholarly journals Insanity and intoxication in the criminal law of the united states of America: Similarities and differences in relation to the Serbian criminal law

2015 ◽  
Vol 20 (2) ◽  
pp. 1-25
Author(s):  
Milan Skulic
Keyword(s):  
United States ◽  
Criminal Law ◽  
United States Of America ◽  
The United States ◽  
Similarities And Differences

scholarly journals CRIMINAL LIABILITY FOR HOMEOWNERS’ ASSOCIATION FRAUD IN THE UNITED STATES OF AMERICA

2017 ◽  
Vol 3 (4) ◽  
pp. 131-135
Author(s):  
Марина Романовская ◽  
Marina Romanovskaya
Keyword(s):  
United States ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
Legal Regulation ◽  
Business Law ◽  
Apartment House ◽  
Homeowners Associations ◽  
Building Management

Relatively new type of business activity on apartment house management, which carry out the managing organizations, is on the hard way of development in present time. Numerous violations and crimes in this sphere are becoming more intellectual in nature. In some foreign countries the Association of homeowners (condominiums) is an analogue of our homeowners associations and the Institute of management of apartment houses has a long history. The author carried out the analysis of the main types of fraud in the apartment house management in the United States of America. Such acts include embezzlement (theft) of funds, violation of business law, falsification of the elections to the Board of the Association of owners of property, kickbacks in contracting, fictitious contracts. The main attention was focused on the specifics of the criminal-legal regulation of liability for fraudulent acts in the management of condominiums on the example of the criminal law of the State of California and certain judicial decisions. In particular, the influence of Anglo-Saxon legal system has found the expression in the fact that the criteria for recognition of the person guilty of embezzlement (embezzlement) of funds of owners of property determined by case law, not criminal law. The author has studied the positive experience of the counteraction of irregularities in the activities of the apartment house management by establishing the criminal prohibitions of the concealment or distortion of information on the financial status of the managing organization or condominium. Study of the foreign experience of the classification of crime, counteraction of financial violations in the sphere of apartment building management and reparations for victims of financial crimes will be useful for the scientific understanding of the problem of combating crimes in the sphere of apartment house management in our country.

scholarly journals The reality of academic accreditation in Saudi universities in light of accreditation experiences in the United States of America & Japan and the United Kingdom: واقع الاعتماد الأكاديمي في الجامعات السعودية في ضوء تجارب الاعتماد بالولايات المتحدة الأمريكية واليابان والمملكة المتحدة

2021 ◽  
Vol 5 (43) ◽  
pp. 21-1
Author(s):  
Ebtesam Abdulrahman Al-Mutair, Hend Abdulrahman Al-Rshoud, H Ebtesam Abdulrahman Al-Mutair, Hend Abdulrahman Al-Rshoud, H
Keyword(s):  
United States ◽  
Saudi Arabia ◽  
United Kingdom ◽  
United States Of America ◽  
The United States ◽  
Significant Similarity ◽  
The United Kingdom ◽  
Actual Reality ◽  
Descriptive Approach ◽  
Similarities And Differences

The current study aimed to identify the reality of the institutional academic accreditation of Saudi universities in the light of the experiences of some countries, and to achieve this goal the comparative descriptive approach was used to describe the actual reality of academic accreditation in the following four comparison countries Saudi Arabia, the United States of America, Japan and the United Kingdom, in terms of the supervisors of academic accreditation, academic accreditation standards, and academic accreditation procedures, and then to analyze the similarities and differences between them. The study found that there was a significant similarity between the four countries in accreditation objectives and some accreditation criteria and accreditation procedures, and differed in the number of accreditation institutions. In light of this, some benefits have been extracted to develop the institutional academic accreditation of Saudi universities. The researchers also made a number of recommendations and proposals to raise the standards of academic accreditation in the kingdom's universities to meet their counterparts in the comparison countries.

scholarly journals ECONOMIC CRIMINAL LAW - COMPARATIVE OUTLOOK

2017 ◽  
pp. 025
Author(s):  
Vanja Serjević
Keyword(s):  
United States ◽  
European Union ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
The European Union ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
Legal Entities

The criminal liability of legal entities has been in the focus of the criminal law reforms over the last century, especially in the modern globalization era. The theoretical debate and the creative judicial practice in cases of serious illegal behavior of corporations have provided the necessary vehicle for change from the traditional conception that legal persons cannot be liable under criminal law (‘societas delinquere non potest’) to the newly embraced doctrine of ‘respondeat superior’ (with some modification). The article presents an overview of the major concepts and theories of the criminal liability of legal entities. After providing a comprative overview of relevant legislation in the prominent criminal law systems of the United States of America, Germany and the European Union, the author provides a general overview of the Serbian legislation on this matter.

scholarly journals PECULIARITIES OF INHERITANCE OF RETIREMENT ACCOUNTS IN THE UNITED STATES OF AMERICA

2021 ◽  
Vol 1 ◽  
pp. 46-48
Author(s):  
Oksana V. Kochkina ◽  
◽  
Irina A. Firsova ◽  
Keyword(s):  
United States ◽  
United States Of America ◽  
Pension System ◽  
The United States ◽  
Foreign Experience ◽  
Retirement Accounts ◽  
Similarities And Differences

The article examines the foreign experience of the system of pension provision of the population of the United States of America; focuses on the problems of women’s pension provision; describes the two most popular ways of saving pension accounts; pays attention to their similarities and differences. The article also presents the order of inheritance of accounts, discusses the features that beneficiaries face when exercising their right of inheritance. The presented experience can be useful and will serve as an auxiliary element in the development of the Russian pension system.

scholarly journals Offences committed using electronic means of payment by the country of the Saxon legal family (in the United Kingdom and the United States of America)

2020 ◽  
Vol 2020 (1) ◽  
pp. 99-105
Author(s):  
Elena Markova
Keyword(s):  
United States ◽  
Great Britain ◽  
Criminal Law ◽  
United States Of America ◽  
Criminal Liability ◽  
The United States ◽  
Criminal Code ◽  
Special Importance ◽  
The Law ◽  
Computer Crimes

The article analyses the legal characteristics of the criminal laws of foreign States belonging to the Anglo-Saxon legal family (in the case of Great Britain and the United States of America) with regard to criminal liability for crimes committed by electronic means of payment. The peculiarities of this legal family are noted, which affect the position of the legislator with regard to the regulation of cybercrime, including the legal nature of criminal law; The importance of resolutions of the Royal (Westminster) Courts, the Supreme Court on the constitutionality or unconstitutional nature of ordinary («current») laws (USA), in Canada, Australia and other English-speaking States, in which acts of the highest courts on identical subjects have acquired special importance. Problems affecting criminal legislation have been identified: the de facto absence of systematic rules on the limits of the criminal law; There are contradictions between the written sources of criminal law (in particular with regard to fraud and computer crimes; Recognition of the interpretation of the law by sources of criminal law, etc.). It is noted that there is no Criminal Code in the UK, however, issues of criminal liability for computer crimes are regulated at the level of written law: in the Law on Computer Crimes the adoption of which was facilitated by the judicial precedent of 1988 (R v Gold & Schifreen), in the Law on Fraud of 2006, which classifies the elements of crimes committed in the form of fraudulent fraud. The peculiarities of the criminal law of the United States, which like Great Britain, does not have a codified system of criminal law at the federal level, are noted. An analysis of the two-tier legal system of the United States, the peculiarities of criminal liability for cybercrime in certain states, including FOR theft and fraud by the use of payment cards, has been carried out.

scholarly journals THE FIDUCIARY RELATIONSHIP BETWEEN A COMPANY AND ITS DIRECTORS

Obiter ◽  
2014 ◽  
Vol 35 (2) ◽  
Author(s):  
Lindi Coetzee ◽  
Jan-Louis van Tonder
Keyword(s):  
United States ◽  
South Africa ◽  
United States Of America ◽  
The United States ◽  
Company Law ◽  
Court Interpreting ◽  
Different Types ◽  
Similarities And Differences ◽  
Numerus Clausus ◽  
A Company

The fiduciary relationship that exists between a company and its directors is a universal concept. Section 5(2) of the Companies Act 71 of 2008 provides that, to the extent appropriate, a court interpreting or applying the provisions of the 2008 Act may consider foreign company law. This article examines the meaning of the word “fiduciary”, when a fiduciary relationship comes into existence, the characteristics of a fiduciary relationship, the meaning of the term “director”, different “types” of directors and discusses to whom the duties are owed. The nature of the fiduciary relationship in Australia and the State of Delaware in the United States of America is briefly compared with that of South Africa to identify similarities and differences. The research proposes a set of characteristics that can be considered when deciding whether a fiduciary relationship exists. The article does not propose that the set of characteristics identified must constitute a numerus clausus.

scholarly journals Urgensi Perluasan Pertanggungjawaban Pidana Korporasi Sebagai Manifestasi Pengejawantahan Konstitusi

2016 ◽  
Vol 13 (3) ◽  
pp. 575
Author(s):  
Timbo Mangaranap Sirait
Keyword(s):  
United States ◽  
Criminal Law ◽  
United States Of America ◽  
Corporate Crime ◽  
Secondary Data ◽  
The United States ◽  
Criminal Code ◽  
Foreign Corrupt Practices Act ◽  
The Republic ◽  
Fundamental Objective

The acknowledgement of Indonesia as a state of Law as mandated by Article 1 paragraph (3) of 1945 Constitution of the Republic of Indonesia is the fundamental objective of the Constitution where one of its dimensions is to create and promote fair and prosperous community, in pursuing this, with the spirit of developmentalism, the state allows the participation of corporations in the development with the hope that Indonesia will be able to compete in the globalization era. However, it is apparent that their participation has adverse impact, some of them have even been involved in bribery and corruption. According to criminal law of Indonesia, briber and receiver (gratification) will be held criminally liable. The method applied in this research is juridical normative which analyzes secondary data including secondary law materials in Criminal Code and Law No. 31/1999 in conjunction with Law 20/2001 on Corruption Eradication and United States of America of Anti-bribery Foreign Corrupt Practices Act (FCPA). Based on the analysis conducted, it was found that Indonesia can only prosecute receiver of bribery (gratification) whilst the bribing corporation is prosecuted in the United States, it is also concluded that it is urgent to expand and amend the criminal law on responsibility for corporate crime as the manifestation of constitution in the Indonesian criminal law in order to counterbalance USA Anti-bribery Foreign Corrupt Practies Act (FCPA)

Sign in / Sign up

Export Citation Format

Share Document