Prevention of Crimes Committed by Juveniles

The extremely large number of criminal offenses committed by juveniles and the imposition of sanctions on them, prompted us to make a special analysis of juvenile delinquency and to prevent the commission of these criminal offenses by minors, analyzing factors and causes the filing of criminal offenses by minors, also contributing to preventive measures and their factorization to reduce penal sanctions imposed by courts against minors. Also in this paper we discussed some ideas how can we prevent crime made by minors, sectors which need to be factored and to have attention to the prevention of crime above crime prevention as three crucial factors in reducing the number of offenses criminal by minors and they are: The role of the police, the judiciary and the role of the mass media. The term prevention (prohibition), is borrowed pragmatically by vocabulary and vocabulary of medical practice. In the broadest sense, two basic contents of this notion have been profiled, the first of which has to do with intervention as a primary form, while the second form has to do with reaction and reaction before the unwanted criminal phenomenon is manifested for society. In Latin, praeventio (prae-venio, ventim paraeventus, praevenire) marks the definition and the term pass, reach forward, overcome a certain phenomenon, or as it might be said on the basis of common sense prevention, precaution, obstruction, avoidance in advance. The notion of prevention contains in itself all the measures taken in a planned, premeditated and organized manner with which an attempt will be made to eliminate or reduce the direct causes and of criminal and punishable behaviors (V. Latifi, 2013, p. 179).

Delicts against the sanctity of the Eucharist and the simulation of the liturgical action

The present article addresses two groups of delicts from the sixth book of the current Code of Canon Law (Sanctions in the Church), i.e. Delicts against the sanctity of the Eucharist and the simulation of the liturgical action. The content of this book is debated among theologians and canonists, raising a variety of questions: Does the Church have the right to coerce the faithful with penal sanctions? Should penal law exist in the Church, or do certain organizing measures suffice? Based on the first canon of the sixth book (can. 1311), this article shows that using sanctions is a native right of the Church. Since sacraments, in particular the Eucharist, belong to the essence of the Church, the delicts against the sanctity of the Most Holy Sacrament and the simulation of the Sacraments have a great impact on the life of the Church. Therefore, although there are many open questions and several ambiguities around this issue, the present article argues that the Church needs an adequate legal order in the case of sacraments.

KEKUASAAN DISKRESI HAKIM PENGADILAN HUBUNGAN INDUSTRIAL

In this article the author discusses the discretionary powers granted to Labour Dispute Court judges. Better known, in comparison, are the discretionary powers of criminal court judges in determining penal sanctions or of Islamic court judges when granting dispensation to marry for underage couples. Using a juridical normative method, the discussion focusses on the principles underlying the Labour Dispute Court judge’ discretionary powers and its implementation. The analysis shows that Labour Dispute Court judges do have and enjoy discretionary powers in determining betterment of working conditions, how to best fill gaps or seek clarity in the face of ambiguous rules and regulations found in work contract, company regulations or collective work agreement.

TAX REORIENTATION AS CORRUPTION PREVENTION ON INVESTMENT IN INDONESIA

Investments, that are supposed to increase the country's economic growth and tax revenues, have potentially created "unofficial" costs for investors and unreported informal income of the bribe recipients. It is important to conduct library research using the new institutionalism theory with historical institutionalism approach in answering the main problem. It is concluded that tax reorientation could prevent corruption on investment in Indonesia. The actors involved in investment, even though, will be limited collectively by government organizations, but the existing restrictions are the design of systems that can influence individuals and groups to prevent corruption. Restrictions of the tax authority can be imposed through several ways, such as enforcing bribes as the non-deductible expense and as an income tax object of gifts to the givers, applying bribes as income to the recipients, recommending non-penal sanctions, and blacklisting the individuals or legal entities involved in corruption.

Fine in the System of Punishments for Crimes against Property and Some Issues Related to the Enhancement of Its Effectiveness

The article analyzes the place and role of fines in the system of criminal penalties and looks intosome trends in its establishing by the legislator and application by the court. We investigate property protection issues that have always been in the focus of attention of legislators and legal science and that have never lost their relevance, because they relate to the inviolable vital interests of an individual, society and the state. In the framework of the topic under consideration, we undertake to explain our viewpoint on three basic terms: “fine”, “property” and “punishment effectiveness”. We conclude that property should be considered (among other things in the establishment ofthe elements of a crime) as a complex multifaceted phenomenon associated with ensuring the security of individuals, society and the state from various threats, including those of an intangible nature. We analyze fine as a penalty and fine imposed by the court as a criminal law measure in the aspect of legal regulation and application practice.We carry out comparative analysis of the rules on the protection of property and the application of penalties in the form of a fine for encroachment upon it on the example of the criminal legislation of the Republic of Belarus. As a result, we conclude that the importance of fine in the structure of penal sanctions is increasing; we note that there is a trend to increase the use of a court imposed fine as an exemption from penal sanctions. At the same time,we point out that this approach used bylegal professionals does not fully fit in with the legally established principle of social justice as the goal of punishment. Crimes against property should be considered as a threat not only to property, but also to the life and health of people (Article 162 of the Criminal Code of the Russian Federation), moral, spiritual and other values of an individual and society. We believe this approach should be used both in legislative and law enforcement practice, including cases of applying a court imposed fine. Key words: property; fine; court imposed fine; punishment goals; punishment effectiveness.

Przepisy karne ustawy o prawie autorskim z 1926 roku w pracach ustawodawczych i praktyce sądowej. Naddruk – plagiat – strona podmiotowa – sankcje karne

The Penal Provisions of the Polish Copyright Law of 1926 in Legislative Works and Judicial Practice: Overprint – Plagiarism – the Subjective Side – Penal Sanctions This paper is the result of the continuation of ongoing studies on the penal provisions of the Polish Copyright Law of 1926. Some of the research results were presented in the article titled The Penal Provisions of the Polish Copyright Law of 1926. The History of Its Creation –Its General Characteristics –Art. 61 and Its Significance for Further Regulations, which was published in “Cracow Studies of Constitutional and Legal History”(2018, issue 4). This text is a presentation of the analysis of special provisions regulating penal liability for the offences of overprint and plagiarism. Further in the article, the notion of the subjective side is discussed in relation to the offences defined in the Polish Copyright Law of 1926 and also the penal sanctions provided for these offences. In the analysis of the specific problems, emphasis is placed on the course of works on the regulations conducted by the Codification Commission and by the Parliament as well as on the issues related to their application. This approach makes it possible to reconstruct the fundamental legal problems faced by the codifiers and subsequently by the system of justice applying the relevant regulations. The studies concerning the application of copyright law were mainly focused on the judicial practice of the District Court in Kraków. They were based on the court registers and records from the interwar period stored in the National Archives in Kraków. The archival research discovered that the cases concerning the infringement of copyright constituted barely 0.09% of all criminal cases lodged with the District Court in Kraków in the 1930s. In that period, only five persons were definitely sentenced in this respect. Even though there were few criminal cases concerning copyright infringement in the times of the Second Polish Republic, the rulings issued, especially those issued by the Supreme Court, undoubtedly influenced the formation of jurisprudence regarding the interpretation of copyright, and they continue to be cited in pertinent literature up to this day.

The Negative Role of Environmental Pollution on International Trade

The purpose of this study is to determine the main causes behind companies causing carbon emissions. In this way, the main reasons for companies to make carbon emissions have been explored. For this purpose, six different variables that are thought to be effective on this issue were determined. After that, an examination was made with fuzzy DEMATEL method in order to determine which of these factors are more important. The findings indicate that legal deficiency is the main reason for companies to cause carbon emissions. In this situation, it is a must to take necessary measures for the solution of this problem. In order for overcome legal deficiency problem, it is understood that the legal infrastructure should be adapted to this process. In order to increase the international trade volume, it is necessary to impose penal sanctions on companies and to regularly inspect these companies. In addition to these, incentives can be given to companies that are in competitive sectors and to create an awareness on this subject, governments can facilitate training programs.

Formation of stages of the mechanism of corruption crimes: obstruction of investigation

The subject of this research is consideration of the questions of formation of the mechanism of corruption crimes and obstruction of investigation thereof. The author examines the elements of the stage-by-stage formation of corruption crimes: initial stage, main stage, and final stage (result of committing an offense).  The subject of crime is defined as a special subject with administrative or other powers in accordance with the law. The author reviews various methods of corruption crimes and the attributes of misfeasance; as well as determines the key distinguishing feature of corruption crimes – use of powers or position by an official, etc. The main conclusion consists in the statement that the problems of obstruction of investigation are common to investigation of corruption crimes, which is explained by the fact that the detection of this type of offenses ant subsequent investigation pertains to special subjects. This poses a separate, independent task of overcoming obstruction of investigation and application of different methods of overcoming. Analysis of the practice demonstrates that penal sanctions for such crimes are imposed at the lowest possible sanction of the criminal article, and in some cases –  a suspended sentence; there is evidence of not only investigative and judicial errors, but also instances of investigative and judicial arbitrariness. This results in non-application of penalties to the offender, and the worst part – prosecuting the innocent. The examined materials on corruption crimes confirm the fact of obstruction of investigation in virtually every case, which presses the need for the development of forensic doctrine on overcoming obstruction of investigation.

Fine in the System of Punishments for Crimes against Property and Some Issues Related to the Enhancement of Its Effectiveness

The article analyzes the place and role of fines in the system of criminal penalties and looks intosome trends in its establishing by the legislator and application by the court. We investigate property protection issues that have always been in the focus of attention of legislators and legal science and that have never lost their relevance, because they relate to the inviolable vital interests of an individual, society and the state. In the framework of the topic under consideration, we undertake to explain our viewpoint on three basic terms: “fine”, “property” and “punishment effectiveness”. We conclude that property should be considered (among other things in the establishment ofthe elements of a crime) as a complex multifaceted phenomenon associated with ensuring the security of individuals, society and the state from various threats, including those of an intangible nature. We analyze fine as a penalty and fine imposed by the court as a criminal law measure in the aspect of legal regulation and application practice.We carry out comparative analysis of the rules on the protection of property and the application of penalties in the form of a fine for encroachment upon it on the example of the criminal legislation of the Republic of Belarus.As a result, we conclude that the importance of fine in the structure of penal sanctions is increasing; we note that there is a trend to increase the use of a court imposed fine as an exemption from penal sanctions. At the same time,we point outthat this approach used bylegal professionals does not fully fit in with the legally established principle of social justice as the goal of punishment.Crimes against property should be considered as a threat not only to property, but also to the life and health of people (Article 162 of the Criminal Code of the Russian Federation), moral, spiritual and other values of an individual and society. We believe this approach should be used both in legislative and law enforcement practice, including cases of applying a court imposed fine.