scholarly journals Criminal Sanctions for Legal Entities in the Law of the Republic of Serbia

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Dragan Jovašević
Keyword(s):  
20Th Century ◽  
Criminal Liability ◽  
The State ◽  
International Standards ◽  
Security Measures ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The Law ◽  
The Republic

In 2008, the Republic of Serbia adopted a special Law on Liability of Legal Persons for Criminal Offenses. In doing so, on the basis of the international standards contained in the relevant international documents, it joined a large number of countries that introduced criminal liability of legal persons for crimes committed in addition to their responsible persons at the end of the 20th century. For legal persons, the law prescribed a disparate system of criminal sanctions in response to the state-society’s response to such unlawful and punishable conduct. The system of criminal sanctions in the law of the Republic of Serbia includes: penalties, probation and security measures. The law defined the concept, character, legal nature, manner, procedure, pronouncement and execution of criminal sanctions, whose characteristics this particular work speaks of.

scholarly journals Criminal Liability of Legal Entities under the Laws of the Republic of Slovenia

2018 ◽  
Vol 5 ◽  
pp. 75-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Commercial Activities ◽  
Criminal Offenses ◽  
Conditional Sentence ◽  
The Republic ◽  
Legal Entities

The article is dedicated to review of the laws of the Republic of Slovenia on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 1999 and the Criminal Code of the Republic of Slovenia. The article reviews statutory resolutions making it possible to review a legal entity as a criminal liability subject; gives a number of persons, which can be brought to criminal liability; focuses on the fact that legal entities can be brought to criminal liability in the Republic of Slovenia for a limited number of acts (crimes) defined by the law; considers criminal sanctions applicable to legal entities: fi ne, forfeiture of property, legal entity liquidation, prohibition to place securities held by a legal entity; reviews the possibility of imposition of a conditional sentence on a legal entity and the security measures applicable to legal entities, including: sentence publication and prohibition to engage in specific commercial activities.

CRIMINAL LAW IN PROTECTION OF HEALTH FROM THE ABUSE OF DRUGS IN SERBIA

2018 ◽  
Vol 28 (6) ◽  
pp. 1939-1946
Author(s):  
Miodrag Simović ◽  
Dragan Jovašević ◽  
Marina M. Simović
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
International Standards ◽  
Individual State ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Different Types ◽  
The Republic ◽  
To Come ◽  
Practical Sense

Based on international standards adopted within the framework and under the Organisation of the United Nations, all national legislations recognise several different types and forms of criminal acts regarding misuse of narcotics. It is the matter of various activities of unauthorized production, traffic and other forms of inciting or enabling others to come into possession of narcotics for immediate use, which seriously endangers the health and life.Depending on the needs of each individual state, the distinction is made between the offenses, for the perpetrators are given different types and measures of penalties and other criminal sanctions. A similar situation exists in the Republic of Serbia.The paper analyzes the system of criminal offenses in various types and forms of manifestation in the theoretical and practical sense for whose offenders that are prescribed serious criminal sanctions.

scholarly journals Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo

2021 ◽  
Vol 14 (2) ◽  
pp. 135-159
Author(s):  
Shpresa Kaçiku Baljija ◽  
Agron Rustemi
Keyword(s):  
Financial Incentives ◽  
Civil Service ◽  
Family Members ◽  
International Standards ◽  
Primary Data ◽  
Security Measures ◽  
The Public ◽  
Physical Integrity ◽  
The Law ◽  
The Republic

Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

scholarly journals Features of Criminal Liability of Women in the Legislation of Ancient Rus

2021 ◽  
Vol 3 (13) ◽  
pp. 55-59
Author(s):  
L. A. LATYSHEVA ◽  
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Historical Sources ◽  
Criminal Sanctions ◽  
Child Murder ◽  
Legal Nature ◽  
Criminal Penalties ◽  
Criminal Legislation ◽  
The Church

The article investigates the features of appointment and execution of criminal penalties against women in the legislation of Ancient Rus on the example of the provisions of Russkaya Prostrannaya Pravda (“Russian Extensive Truth”), the Charter of Prince Yaroslav and other historical sources. We should note that punishments and other measures of a criminal-legal nature applied to women during the formation of the state in Rus differ in a number of specific features and characteristics. In particular, during this period, a number of crimes committed only by women were highlighted: crimes against the church (magic), morality (fornication, adultery), murder of the child by his/her mother (“child murder”), abortion, etc. The criminal sanctions applied to the criminals were characterized by severity and cruelty. In some cases, the woman was held liable together with her husband for the crime he had committed. In general, the criminal legislation of the period of Ancient Rus did not differentiate the criminal liability of women.

scholarly journals CRIMINAL LIABILITY OF FISHERY PERPETRATOR ACCORDING TO FISHERY LAW NUMBER 45 OF 2009 CONCERNING AMENDMENT TO LAW NUMBER 31 OF 2004

2020 ◽  
Vol 3 (2) ◽  
pp. 127-139
Author(s):  
Yulia Monita ◽  
Nys. Arfa ◽  
Zulham Adamy
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Criminal Offenses ◽  
Qualitative Descriptive ◽  
The Law ◽  
Administrative Sanctions ◽  
Approval Letter

Many occurrences of fisheries criminal offenses make the writer interested to learn about criminal provisions and the responsibility of the perpetrators according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. By studying, understanding, and analyzing these articles of law, the author significantly obtains the picture of whether this Fishery Law is appropriate and able to force the perpetrator of their responsibility for their actions. The purposes of this paper are 1) To analyze the patterns of fishery criminal so the perpetrators could be charged their responsibilities according to Law No. 45 of 2009, 2) To study and analyze how to determine the penalties according to the Law No. 45 of 2009. This paper is a qualitative descriptive. The method of this research is normative law with conceptual and institutional approaches. The result of the study showed that legislation in Indonesia relating to Fisheries, administratively, there are still several articles that are sticking out and controversy according to Law No. 45 of 2009 concerning amendments to Law No. 31 of 2004 concerning Fishery. For small fishermen who do not have a Yachting Approval Letter (SPB) in Indonesia should be subjected to administrative sanctions such as paying compensation. If administrative sanctions are not implemented, then the principle of ultimum remedium can be applied as a last choice in violations of fisheries and there are still several articles that are detrimental to the interests of the State as well as the interests of local fishermen which, if seen from criminal liability, may be imposed.

scholarly journals REFORMULASI BENTUK PERTANGGUNGJAWABAN PRESIDEN DALAM SISTEM PEMERINTAHAN PRESIDENSIAL

2020 ◽  
Vol 9 (1) ◽  
pp. 98
Author(s):  
Sri Bintang Gelang
Keyword(s):  
Criminal Liability ◽  
Political Process ◽  
The State ◽  
Legal Responsibility ◽  
Constitutional Court ◽  
Political Responsibility ◽  
Legal Accountability ◽  
The Law ◽  
The Republic ◽  
Constitutional System

DPR, MPR, dan Mahkamah Konstitusi sebagai pelaksana dari pada proses impeachment terhadap Presiden. Dengan proses politik berada DPR dan MPR (DPR proses awal yang memberikan  usulan dan MPR proses akhir yang memutuskan Presiden dapat di imoeacment atau tidak) dan proses hukum berada di Mahkamah Konstitusi (proses pembuktian benar atau tidak telah di lakukan pelanggaran hukum sebagaimana ketentuan pasal 7A UUD NRI 1945). Sistem pertanggungjawaban Presiden setelah amandemen UUD 1945 merupakan sistem pertanggungjawaban hukum dalam sistem ketatanegaraan yakni pertanggungjawaban dengan materi pelanggaran hukum berupa perbuatan hukum pidana dan tindakan politik yang dilakukan dalam masa jabatan. Oleh karena itu, bentuk-bentuk pertanggungjawaban Presiden merupakan pertanggung-jawaban atas perbuatan hukum pidana dan/atau pertanggungjawaban politik karena ketidakmampuan memenuhi kewajiban sebagai Presiden Republik Indonesia yang kemudian dikualifisir sebagai pertanggungjawaban hukum dalam sistem ketatanegaraan dengan sanksi tertinggi, pemberhentian dari jabatan. Berangkat dari cara berpikir di atas, maka bentuk pertanggungjawaban Presiden menurut UUD 1945 khususnya Pasal 7A adalah bentuk pertanggungjawaban hukum yang terdiri dari pertanggungjawaban hukum pidana berupa pengkhianatan terhadap negara, korupsi, penyuapan, tindak pidana berat lainnya atau perbuatan tercela dan pertanggungjawaban hukum kebijakan Pemerintahan (policy) yakni terbukti tidak lagi memenuhi syarat sebagai Presiden berupa gagal mengemban amanah rakyat dan tidak dapat memenuhi kewajibannya sebagai Presiden, melanggar UUD dan tidak melaksanakan UU dan peraturan lainnya dengan sebaik-baiknya dan seadil-adilnya, serta tidak berbakti kepada nusa dan bangsa.Kata kunci: Reformulasi, Pertanggunngjawaban Presiden, Sistem Presidensial The DPR, MPR and the Constitutional Court act as implementers of the impeachment process against the President. With the political process in the DPR and the MPR (the initial process of the DPR which provides proposals and the MPR, the final process which decides whether the President can be imitated or not) and the legal process is in the Constitutional Court (the process of proving whether or not there has been a violation of the law as stipulated in article 7A of the Constitution NRI 1945). The President's accountability system after the amendment of the 1945 Constitution is a system of legal accountability in the constitutional system, namely accountability with material violations of the law in the form of criminal acts and political acts committed during the term of office. Therefore, the forms of responsibility of the President are accountability for criminal acts and / or political responsibility due to the inability to fulfill his obligations as President of the Republic of Indonesia, which is later qualified as legal responsibility in the state administration system with the highest sanctions, dismissal from office. Departing from the way of thinking above, the form of responsibility for the President according to the 1945 Constitution, especially Article 7A is a form of legal responsibility consisting of criminal liability in the form of treason against the state, corruption, bribery, other serious crimes or disgraceful acts and legal accountability for Government policies (policy ) that is proven that they no longer fulfill the requirements as President in the form of failing to carry out the mandate of the people and failing to fulfill their obligations as President, violating the Constitution and not implementing laws and other regulations as well as possible and fairly, and not serving the country and the nation.Keywords: Reformulation, President's Responsibility, Presidential System

scholarly journals Basic Characteristics of the Commercial Criminal Law of the Republic of Srpska / Osnovne karakteristike privredno kaznenog prava Republike Srpske

2014 ◽  
Vol 4 (4) ◽  
pp. 68
Author(s):  
Драган Јовашевић
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Modern World ◽  
Legal Entity ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
The Republic ◽  
Basic Characteristics ◽  
Legal Entities

Considering the fact that in the modern world that knows no borders between countries and even continents, legal entities commit serious criminal offenses in the field of commercial, financial, computer, environmental, and similar operations. At the end of the 20th century, a lot of countries introduced a system of criminal responsibility and punishability of legal entities. Since the legal entity has no consciousness or will, i.e. is unable to take physical movements that would cause the consequence of a crime, specific rules on responsibility and application of criminal sanctions have been prescribed for this type of perpetrators. In this way, a new branch of criminal law was constituted - commercial criminal law. This paper deals precisely with the basic characteristics of commercial criminal law.

scholarly journals Pertanggungjawaban Pidana terhadap Warga Negara Asing yang Melakukan Tindak Pidana Penganiayaan

2020 ◽  
Vol 1 (1) ◽  
pp. 106-111
Author(s):  
Made Dwi Kurnia Dananjaya ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Deviant Behavior ◽  
Criminal Liability ◽  
Psychological Perspective ◽  
Problem Statement ◽  
Legal Norms ◽  
Criminal Sanctions ◽  
Positive Law ◽  
The Law ◽  
The Republic ◽  
Technological Science

Indonesia in this era of globalization was made as a country that can include foreigners in carrying out activities in the form of industry, tourism and commerce in Indonesia. The development of technological science, allows people to be more consumptive in using it. Viewed from a psychological perspective, it is often found that foreign tourists have deviant behavior from legal norms that exist in Indonesia. One of the deviant acts is the criminal treatment of persecution of a foreign citizen to Indonesian citizens who are in the Republic of Indonesia. There is also a problem statement. The purpose of this study is to determine criminal liability and criminal sanctions given to foreign citizens who commit criminal acts of persecution. This study uses a normative method because there are still vague norms, based on the opinions of legal scholars and the Law. One person can have a personality in criminal liability if some things or actions made by someone in violating positive law, if one can eliminate the sense of responsibility in someone who found an element of a person's ability to lose responsibility.

scholarly journals The Criminal Liability of Legal Entities under the Laws of Bosnia and Herzegovina

2018 ◽  
Vol 9 ◽  
pp. 73-78
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Criminal Liability ◽  
Criminal Code ◽  
Security Measures ◽  
Law System ◽  
Criminal Sanctions ◽  
Proceeds Of Crime ◽  
The Republic ◽  
Legal Consequences ◽  
Legal Entities

The article is dedicated to a review of the laws of Bosnia and Herzegovina on the criminal liability of legal entities. The article reviews the criminal law system of Bosnia and Herzegovina, which includes among other laws the four criminal codes: the Criminal Code of Bosnia and Herzegovina; the Criminal Code of the Federation of Bosnia and Herzegovina; the Criminal Code of the Republic of Srpska and the Criminal Code of the Brčko District. The author analyzes provisions of the criminal laws of Bosnia and Herzegovina on the criminal liability of legal entities. The author notes that pursuant to such provisions, legal entities are acknowledged as a criminal liability subject; gives a number of legal entities, which can be brought to criminal liability; underlines that legal entities in Bosnia and Herzegovina can be brought to criminal liability for any acts acknowledged as punishable by the national criminal laws. The publication reviews the grounds and conditions for the criminal liability of legal entities; the model of the criminal liability of legal entities; the criminal sanctions imposed on legal entities and the applied security measures. It is noted that the criminal codes in effect in Bosnia and Herzegovina make a distinction between the punishment measures, security measures, seizure of proceeds of crime and legal consequences of conviction of a legal entity.

Sign in / Sign up

Export Citation Format

Share Document