scholarly journals Criminal offences against public security: a comparative analysis of Russian and Polish criminal codes

2020 ◽  
pp. 20-27
Author(s):  
Ol'ga Leonidovna Dubovik
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
The State ◽  
Public Security ◽  
Religious Persecution ◽  
Foreign Experience ◽  
Shared Goals ◽  
Criminal Legislation

The problem of ensuring public security is recognized by society and the state as an increasingly important, which is discussed by not only politicians and lawyers, but also political scientists, philosophers, and religious figures. Terrorism, taking of hostages, piracy, mass disturbances, extremism, racism and religious persecution have turned into a bitter daily occurrence. Russian and foreign criminal legislation establishes responsibility for such criminal offences. Despite the adopted conventions, the development of common positions on the prevention of crimes against public security, as well as criminal law regulations substantially differ from country to country. In pursuance of unification of criminal legislation on combating terrorism, extremism and other assaults on public security, as well as efforts taken in this regard, the author observes both, shared goals and aspirations, as well as substantial differences thereof. From this perspective, the differences and similarities of criminal law institution (community), which establishes responsibility for offences against public security in the criminal codes of Russia and Poland, are evident. Such comparative analysis would be applicable in comprising Russian and foreign experience overall, but taking into account the historical, cultural, political, geographical and other indicators, it seems reasonable to use the regulation of the corresponding criminal law prohibitions in the two indicated countries.

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals Failure to report a crime as a form of terrorist crime: issues of criminal law counteraction

2020 ◽  
pp. 139-143
Author(s):  
Alexander Berezhnoy
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Criminal Code ◽  
Technical Design ◽  
Foreign Experience ◽  
Criminal Legislation

The article considers the problem of the return to modern criminal legislation of a norm establishing liability for failure to report a crime. A retrospective analysis of the formation and development of this criminal law institution. Doctrinal approaches are presented, revealing its conceptual features. Foreign experience in the field taken for research is demonstrated. Legal shortcomings and conflicts arising as a result of legal and technical design of article 2056 of the Criminal code “Failure to report a crime”. The directions of their resolution are proposed. Based on the results of the study, the author’s version of the disposition of article 2056 of the Criminal code.

scholarly journals Problems of criminal law protection of the national security of the state against subversive acts

2021 ◽  
Vol 10 (44) ◽  
pp. 307-315
Author(s):  
Oleksiy Pasyeka ◽  
Ruslan Shekhavtsov ◽  
Oleh Marmura ◽  
Stepan Burda ◽  
Taras Lutskyi
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Liability ◽  
The State ◽  
Criminal Offense ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

The purpose of the article is to study the main problematic aspects of the regulation of liability for sabotage in the legislation of Ukraine. The subject of the research is the problematic aspects of the regulation of criminal liability for sabotage under the laws of Ukraine. In order to obtain reliable results, a number of methods are applied: dialectical, formal-logical, hermeneutic, logical-semantic, statistical, comparative-legal, etc. The results of the conducted research: modern threats to the national security of any state require effective measures of counteraction, including the qualitative criminal legislation. The main shortcomings of the regulation of liability for sabotage under the laws of Ukraine are due to the imperfection of the components of this criminal offense, as well as the misinterpretation of its provisions by the enforcer. In addition, it is determined that one of the important problems of liability for such action is the parallel existence of a terrorist act in the criminal legislation of Ukraine, and the components of a terrorist act by its content and nature in most cases coincides with the components of sabotage. A number of changes and additions to the criminal legislation of Ukraine on elimination of the specified problems are proposed.

The necessary defense and excess of its limits: legislative improvement opportunities

2020 ◽  
Vol 2020 (3) ◽  
pp. 111-117
Author(s):  
Andrei Nikulenko ◽  
Maksim Smirnov
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Advantages And Disadvantages ◽  
The Russian Federation ◽  
Legislative Improvement ◽  
Criminal Legislation

The article is devoted to the necessary defense as a circumstance that precludes the criminality of an act in the criminal legislation of the Russian Federation. The significance and importance of the existence of this norm is proclaimed both in the criminal law and in the Basic law of the state – the Constitution of the Russian Federation. The existence of a rule on necessary defense in the state emphasizes the development of its legal system, allowing citizens to defend their own interests and protect the interests of others, in ways not prohibited by law, thereby preventing exceeding the limits of necessary defense. A number of issues related to the application of the norms provided for in article 37 of the Criminal code of Russia, as well as the norms of the Special part of the Criminal code of Russia, which provide for liability for crimes committed when exceeding the limits of necessary defense, were raised. The study of the relevant norms makes it possible to identify the advantages and disadvantages of legal regulation of circumstances that exclude the criminality of an act, including the shortcomings of judicial and investigative practice. The author criticizes the existing approach and suggests ways to resolve these problems, including by correcting the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012, № 19 «About application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime». Because of the ambiguous and often inconsistent application of norms of the criminal legislation on necessary defense, the authors give the recommendations (in further reconstruction of the relevant provisions of article 37 of the Criminal Code) to use an enumeration approach of presenting the legal formulation of these rules that allow the defender to cause any harm to an attacker. At the same time, it creates the most understandable, for citizens, formulation of the norm that allows lawfully causing harm to public relations protected by criminal law.

Goal-setting of criminal law impact as a special activity of the state

2021 ◽  
Author(s):  
Vladimir Duyunov
Keyword(s):  
Law Enforcement ◽  
Goal Setting ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Law Schools ◽  
Depth Study ◽  
Law Enforcement Officials ◽  
The Russian Federation ◽  
Criminal Legislation

The monograph continues the study of the phenomenon of criminal law as a purposeful special state activity carried out in the order of the state's reaction to criminal behavior and crime. Proceeding from the key value of goal-setting and the goals of activities in the field of combating crime, the author attempted an in-depth study of this problem through the prism of the goals of the state policy of combating crime, the goals of criminal law impact, an analysis of the debatable problem of punishment and the problem of goal-setting in the criminal legislation of the Russian Federation. The monograph is intended for students, graduate students, researchers, teachers of law schools, law enforcement officials and all persons interested in the problems of criminal law.

HISTORICAL AND LEGAL ANALYSIS OF THE DEVELOPMENT OF EXTREME NECESSITY AS A CIRCUMSTANCE PRECLUDING THE CRIMINALITY OF AN ACT

2021 ◽  
pp. 83-90
Author(s):  
M. G. Nikitenko ◽  
E. E. Nikitenko
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Canon Law ◽  
Historical Development ◽  
Criminal Liability ◽  
The State ◽  
Legal Analysis ◽  
State Of Emergency ◽  
Criminal Legislation ◽  
Medieval Canon Law

The article presents an analysis of the historical development of extreme necessity as an institution of criminal law. The authors examines the peculiar views of Roman jurists on the possibility of exemption from criminal liability in connection with injury to the state of emergency, the specifics of medieval canon law, assessment of Russian lawyers of the institute of extreme necessity. Conclusions about the peculiarities of the evolution of the norms of extreme necessity in criminal legislation on the basis of a retrospective analysis of the sources of criminal law are made.

Jüngere Entwicklungen im Sicherheitspolizeirecht in Österreich

2020 ◽  
Vol 53 (1) ◽  
pp. 77-98
Author(s):  
Stefan Storr
Keyword(s):  
Criminal Law ◽  
Genetic Data ◽  
The State ◽  
Public Security ◽  
Police Departments ◽  
Police Services ◽  
Intelligence Services ◽  
German Länder ◽  
Legal Term ◽  
Directorate General

The Austrian Security Police Act differs fundamentally from that of the police laws of the German Länder. The focus of the Austrian act lies not in the abatement of a “concrete danger” (konkrete Gefahr), but rather to fight a “general danger” (allgemeine Gefahr) by a “dangerous attack” (gefährlicher Angriff). The legal term “dangerous attack” refers to criminal law. There are various “preliminary tasks” which start with the “preparation of a threat” or refer to a “prevention” or “identification of a danger” (Gefahrenerforschung). In particular, there is no principle of separation of police services from intelligence services. The Federal Office for the Protection of the Constitution and against Terrorism (Bundesamt für Verfassungsschutz und Terrorismusbekämpfung), as an organisational unit of the Directorate General for Public Security of the Federal Ministry of the Interior, and special units at the State Police Departments are responsible for the “extended identification of a danger” (erweiterte Gefahrenerforschung) and the “preventive protection against constitutional attacks” (verfassungsgefährdender Angriff). This article also provides information on current developments and challenges such as detention for security purposes, processing of genetic data, body worn cameras and police drones.

Criminal Law Measures to Combat Violent Crimes: International Experience and National Trends

2018 ◽  
Vol 9 (1) ◽  
pp. 352
Author(s):  
Zhandos Bahtybaevich ZHOLZHAKSYNOV
Keyword(s):  
Violent Crime ◽  
Criminal Law ◽  
Modern Society ◽  
Critical Issue ◽  
The State ◽  
Violent Crimes ◽  
Criminal Violence ◽  
Foreign Countries ◽  
The Individual ◽  
Criminal Legislation

The article is devoted to criminal law measures to resist criminal abuses related to violence. In modern society, the protection of individual rights and freedoms is one of the most important tasks. Within this task, the most critical issue is that of protection of the individual from criminal violence by criminal law measures. The problems of violent crime, despite all measures taken by the state and society, do not go into the past, but become relevant for modern society. Without exaggeration, they represent a social disaster that threatens the security of the individual, society and the state. The purpose of the article is to analyze the criminal law methods of combating violent crime, to study the criminal provisions relating to the use of violence in Kazakhstan's national criminal legislation and legislation in a number of foreign countries. The article examines the opinions of scientists on the nature and characteristics of criminal violence, the criminal law of Kazakhstan and the legislation of a number of foreign countries in terms of violent crimes, formulates conclusions and sets out the recommendations for the further improvement of the criminal protection of the individual against violent endeavors. On the basis of an examination of the theoretical material and experience of foreign countries in the field of countering violent crime, the author suggested ways of counteracting the mentioned crime, suggesting further improvement of the criminal legislation of the Republic of Kazakhstan, in the sphere of protecting the individual from criminal violence. The main provisions and conclusions of the article can be used in science and practice in addressing crime prevention, comparative characteristics of the criminal regulations regarding violence in Kazakhstan and foreign countries, as well as the subsequent reform of the criminal law in the field of the physical integrity of the individual.

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