scholarly journals New psychoactive substances as a modern threat agent to public health

2021 ◽  
pp. 61-69
Author(s):  
Vladimir Vasilevich Kukharuk
Keyword(s):  
Criminal Liability ◽  
New Psychoactive Substances ◽  
Psychoactive Substances ◽  
Legal Documents ◽  
Legal Method ◽  
Foreign Countries ◽  
Legislative Policy ◽  
Legal Concepts ◽  
Criminal Legislation ◽  
Different Content

Based on the international legal documents, this article presents an extensive description of the concept of new psychoactive substances (NPS), their quantitative and qualitative composition, and relevant classification. The data is provided on the level of illicit drug trafficking, as well as circulation and consequences of their use trough injection in the Russian Federation in relation to other countries. The author discloses the content of measures applied to control illegal trafficking of NPS and criminal liability in accordance with the legislation of foreign countries (peculiarities, differences, classification). Comparative legal method allows reviewing the provisions of the Russian legislation on prevention of illegal trafficking of the new potentially dangerous psychoactive substances. Attention is turned to the problem of the ineffective norms in the Russian criminal law; the approaches towards of its resolution and prevention are proposed. Analysis is conducted on the legislative policy of the use of generally recognized international legal concepts under an alias and with different content, as well as its impact upon the quality and development of criminal legislation.

scholarly journals ON THE ISSUE OF CRIMINALIZATION OF CRIMINAL ACTS RELATED TO THE SPREAD OF CORONAVIRUS INFECTION

2021 ◽  
Vol 31 (2) ◽  
pp. 243-250
Author(s):  
E.R. Gafurova
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Federal Law ◽  
Sociological Study ◽  
False Information ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Coronavirus Infection ◽  
The Russian Federation ◽  
Criminal Legislation

The article deals with the issues of improving the Russian criminal legislation on toughening responsibility in the context of coronavirus infection. The author analyzes the effectiveness of measures to tighten criminal liability for violations of quarantine measures in order to counter the spread of coronavirus infection in foreign countries and presents proposals for improving Russian criminal legislation, taking into account the data of a sociological study conducted among citizens of the Russian Federation. In order to study the norms of criminal legislation introduced by Federal Law No. 100-FZ of 01.04.2020, on liability for the dissemination of deliberately false information about circumstances that pose a threat to the life and safety of citizens, examples of judicial practice are given. There is a promising tightening of legal liability in the context of the spread of coronavirus infection in Russia based on the experience of foreign countries.

NEW PSYCHOACTIVE SUBSTANCES AS A CRIME OBJECT

2017 ◽  
pp. 258
Author(s):  
Arnis Slesars ◽  
Aija Jermacāne
Keyword(s):  
Public Health ◽  
United Nations ◽  
Criminal Liability ◽  
New Psychoactive Substances ◽  
Psychoactive Substance ◽  
Psychoactive Substances ◽  
New Psychoactive Substance ◽  
Advantages And Disadvantages ◽  
Public Health Threat ◽  
History Of

A new psychoactive substance is defined as a new narcotic or psychotropic drug, in pure form or in preparation, that is not controlled by the United Nations drug conventions (1961, 1971), but which may pose a public health threat comparable to that posed by substances listed in these conventions. The author researched and analyzed: 1.History of new psychoactive substances in Latvia; 2.Legislative approaches for restricting new psychoactive substances in Latvia; 3.Advantages and disadvantages of criminal liability against new psychoactive substances in Latvia.

scholarly journals Protection of the labor rights, freedoms and social interests in the criminal law: experience of foreign countries

2020 ◽  
pp. 32-35
Author(s):  
Tetiana LYSKO
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Labor Rights ◽  
Legal Analysis ◽  
Labour Rights ◽  
Foreign Countries ◽  
Social Interests ◽  
Labour Legislation ◽  
Criminal Legislation

The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.

scholarly journals Similarities and differences in changing NPS market brought by new regulatory approaches in selected Eastern and Central European states with mostly focus on Poland and Latvia

2019 ◽  
Vol 9 (2) ◽  
pp. 10-19
Author(s):  
Artur Malczewski ◽  
Agnese Zīle-Veisberga
Keyword(s):  
Criminal Liability ◽  
New Psychoactive Substances ◽  
Psychoactive Substances ◽  
Fast Reaction ◽  
The Czech Republic ◽  
Central European ◽  
Country Study ◽  
Speed Up ◽  
Similarities And Differences ◽  
Open Question

The main objective of the paper is to explain, compare and conclude the effect on the new psychoactive substances (NPS) market brought by new and innovative responses to regulate the NPS (mostly between 2010 and 2014) in Estonia, Latvia, Lithuania, Poland, the Czech Republic, Hungary, and Romania. Countries where NPS problem reached the peak, the traditional response or simply substance scheduling did not work. Since the NPS do not fall under market regulations, also the response to the problem was innovative stepping out of the existing system (for example, temporary prohibition in Poland, Latvia). Moreover, a political and social pressure has been a factor to speed up the development of new regulations, sometime affecting the quality. Seemingly harsh sanctions and immediate reaction are main elements to close the NPS street shops. Meanwhile this approach hasn’t caused a step back for chemical industry or science. Still is open question if national regulations against NPS market are fully enough. NPS market reacts very quickly for changing and only very strong and fast reaction from the institutional level seems to be effectiveness. Although NPS market differs in each country, study shows that harsh sanctions such as criminal liability and immediate reaction significantly decrease the availability of NPS, and thus contribute in decreasing acute health problems and prevalence. It was observed that at the time when stricter measure came into force, hospital emergencies were increased (Poland, Romania and in same extent Latvia).

scholarly journals Criminal liability as a means of counteracting sanitary and epidemiological rule violations in a pandemic

2021 ◽  
Vol 118 ◽  
pp. 03010
Author(s):  
Andrey Vladimirovich Makarov ◽  
Larisa Vladimirovna Makogon ◽  
Oleg Vyacheslavovich Firsov ◽  
Aleksandra Sergeevna Zhukova
Keyword(s):  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Main Idea ◽  
Necessary Condition ◽  
Legal Analysis ◽  
Federal Law ◽  
Foreign Countries ◽  
The Russian Federation ◽  
Criminal Legislation

The purpose of the study is a comprehensive analysis of the issues of the application of criminal liability as a means of countering violations of sanitary and epidemiological rules in a pandemic. The main idea of the study: the validity and expediency of amending the criminal legislation of the Russian Federation establishing punishment for violation of sanitary and epidemiological rules and criminalization of the spread of an infectious disease. A methodological toolkit is a set of methods, means and techniques with the help of which the criminalization of violations of sanitary and epidemiological rules in a pandemic is substantiated. The following methods were used in the work: hypothetical-deductive; dogmatic (formal legal analysis); description; comparative. The result of the work is the provision that in a pandemic, a necessary condition for ensuring national security seems appropriate to criminalize the spread of infectious diseases that pose a danger to others, which will make it possible to prosecute people who, deliberately or through negligence, have committed infecting a disease included in the category of dangerous to others. These recommendations are due to the noted problems in science and practice, including the results of comparative legal analysis. The novelty of the research lies in the substantiation of amending the criminal legislation of the Russian Federation by federal law. The amendments introduce stricter types of punishments, establish responsibility for the threat of a mass disease or people intoxication, and additions have been made in the form of a third part which provides for liability for violation of sanitary standards that inadvertently entailed the death of two or more people. The peculiarities of bringing to criminal responsibility for similar acts in certain foreign countries are also considered. There is a tendency to classify such crimes as terrorism-related.

scholarly journals Rules of criminal liability for corruption offences and their prevention

2021 ◽  
Vol 39 (68) ◽  
pp. 723-734
Author(s):  
Borovyk Andrii ◽  
Vartyletska Inna ◽  
Vasylenko Yuliia ◽  
Patyk Andrii ◽  
Pochanska Olena
Keyword(s):  
Criminal Liability ◽  
International Standards ◽  
Structural Method ◽  
Police Practice ◽  
Historical Method ◽  
Legal Method ◽  
Legal Provisions ◽  
Foreign Countries ◽  
Grouping Method ◽  
Selection Of

The objective of the article is to conduct a comparative legal study of Ukrainian and international standards of criminal liability for corruption offences and their prevention. The research methodology includes the following methods: system-structural method, formal-dogmatic method, historical method, grouping method, comparative-legal method, legal modeling method and others. As a result, the peculiarities of anti-corruption regulatory-legal provisions and police practice in the states analyzed are clarified, with the selection of relevant positive and negative trends, principles of construction of anti-corruption policy, specificity of the conceptual apparatus, etc. Emphasis is placed on the need to further harmonize Ukrainian legislation with international agreements and the practice of their implementation. It is concluded that negative trends in foreign countries have been found to be the result of non-compliance with relevant commitments to combat and prevent corruption.

scholarly journals Comparative Legal Analysis of the Criminal Law Liability for Improper Performance of the Professional Duties

2017 ◽  
pp. 91-96
Author(s):  
Шухратжон Хайдаров ◽  
Shuhratzhon Haydarov
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Analysis ◽  
Right To Life ◽  
Foreign Countries ◽  
Constitutional Right ◽  
Criminal Legislation ◽  
Constituent Elements ◽  
Important Constituent

On the basis of the provisions of the criminal legislation of several foreign countries (Russia, Uzbekistan, Armenia, Azerbaijan, Belarus, Bulgaria, Venezuela, United Kingdom, Germany, Georgia, Kazakhstan, Kyrgyzstan, Moldova, United States, Tajikistan, Turkmenistan, Ukraine, France, Estonia, South Korea) the comparative-legal analysis of criminal liability for the improper performance of professional duties is given. The specific features of social relations – object of criminal law protection in the studied countries are determined. Public danger of these crimes is analyzed in the context of the constitutional right to life, health and integrity. The legal essence of concepts such as “failure to fulfill professional duties” and “improper performance of professional duties” is defined. The important constituent elements of criminal liability for the improper performance of professional duties in the studied countries are specified. The priority directions of improving norms of the criminal legislation are offered. The conclusion is made that the positive legislative experience of the countries under investigation can be applied in the criminal legislation of Uzbekistan.

CRIMINAL LIABILITY FOR BREACH OF CONFIDENTIALITY REGIME IN RUSSIAN AND FOREIGN LEGISLATION

2021 ◽  
pp. 32-48
Author(s):  
Gulfia G. Kamalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Analysis ◽  
Legal Regime ◽  
Global Trends ◽  
Limited Access ◽  
Legal Method ◽  
Criminal Legislation

The subject of the work is the status and prospects of criminal law liability for various violations of the special legal regime of legally protected secrets. Considering the specifics of criminal liability for violation of confidentiality of information, experts traditionally focus on certain legally protected secrets and a detailed analysis of the relevant corpus delicti, which does not allow to cover the problem of protection of information of limited access by criminal law means as a whole. The author of this article performed a comprehensive legal analysis of criminal liability for violation of legal regime of secrets protected by law and other restricted information on the basis of a set of unlawful acts of non-compliance with the requirements of the regime. Methodologically, the study is based on a set of modern general scientific and private legal methods. It is based on the comparative legal method, which allows to compare the norms of criminal legislation of Russia, CIS countries, European and other states. The author draws attention to the existing differences and notes that some provisions of the modern Russian criminal law do not meet the requirements of the time, modern challenges and threats of the global information society in the conditions of building a digital economy. Based on a generalized analysis of the regulatory legal framework of the Russian Federation, foreign states and existing doctrinal views, the conclusion is made about the unsystematic composition of crimes aimed at violating the legal regime of secrets protected by law and other information of limited access. The author additionally notes the need to separate eco-nomic espionage and intentional disclosure of trade secrets into separate corpus delicti. Certain shortcomings of the Russian criminal law is the lack of corpus delicti aimed at the protection of legal regimes of professional and official secrets, personal data. Taking into account changes in the attitude to the institution of adoption and global trends in the protec-tion of children's rights, the possibility of decriminalisation of the disclosure of adoption secrets in modern conditions has been argued. The above and other problems identified in Russian criminal law with regard to the protection of legally established secrets and other restricted information are aimed at improving criminal legislation.

scholarly journals Comparative and legal analysis of appying compulsory measures of educational nature to minors in Ukraine and some foreign countries

2020 ◽  
Vol 2020 (3) ◽  
pp. 79-88
Author(s):  
Yermak O.V. ◽  
◽  
Suprun H.H. ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Scientific Paper ◽  
The State ◽  
Legal Analysis ◽  
Public Attention ◽  
Coercive Measures ◽  
Foreign Countries ◽  
Criminal Legislation

Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, the authors turned to the legislation on criminal liability, which regulates the application of similar measures in foreign countries. This article is devoted to the study of coercive measures of educational nature against minors in Ukraine and abroad. In this scientific paper the comparative criminal-legal analysis of the concept and types of coercive measures of educational character concerning minors provided by the Criminal Code of Ukraine (further – CC of Ukraine) with similar norms of the criminal legislation of foreign states regulating questions of special criminal-legal measures concerning persons who at the time of committing a criminal offense did not reach the age of eighteen is carried out. The comparative analysis of the criminal legislation on applying coercive measures of an educational nature in Ukraine is carried out in comparison with the criminal laws of Switzerland, Latvia, Georgia, Bulgaria and Italy. The general conclusion is made in the article that the norms of the current Ukrainian criminal legislation need to be amended, improved and further adjusted both by scholars and by the legislator. Key words: coercive measures, criminal-legal measures, other measures of criminal-legal character, minors.

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