Criminal policy in countering corruption crimes related to bribery and other illegal remuneration (legislative aspect)

Criminal policy is part of state policy, defining the main objectives and means to influence crime through legislative activities related to change, first, criminal, criminal-procedural, criminal-executive legislation. Through a scientific methodology of a documentary nature, the objective of the research is to analyze the criminal and legal policy of the State in the fight against crimes related to bribery and other illegal remuneration. It should be noted that the criminal policy of crimes related to bribery and other illegal remuneration is currently in crisis. It is concluded that there is a tendency to increase the range of criminal acts related to illegal remuneration, to broaden the scope of the criminal regulation of liability for illegal remuneration by making changes and additions to the composition of offences related to illegal remuneration, and to criminalize new types of acts related to unlawful remuneration, which is associated with the assessment of the role of illegal remuneration as a particularly dangerous criminal phenomenon, which has a significant negative impact on protected public relations.

KRIVIČNOPRAVNA ZAŠTITA ŽIVOTNE SREDINE U ZAKONODAVSTVU REPUBLIKE SRBIJE I STANDARDI EVROPSKE UNIJE

With the raising of the social visibility of numerous forms of injury and endangerment of the environment, as well as the raising of people's awareness of the need for wider and more intensive environmental protection, a special group of crimes aimed exclusively at environmental protection is being formulated. Criminal protection of the environment should be viewed through the basic three characteristics of criminal law - its fragmentation, accessory and subsidiarity in order for this protection to be justified and to represent the ultima ratio in environmental protection. This position is taken both in the national criminal legislation and at the level of the European Union, within the framework of whose rich legislative activities in this field the states are again appealed to criminalize and prosecute crimes against the environment, when other measures of social reaction to damage and destruction of the environment does not give satisfactory results. Comparing the criminal offenses against the environment contained in the Criminal Code of Serbia with the actions whose incrimination is proposed within the EU regulations, it can be noticed that the domestic legislation is essentially harmonized with EU law. What remains "uncovered" is criminal law protection against noise, given that noise protection is regulated in domestic legislation within the framework of misdemeanor law.

Review of information asymmetry in banking in the Russian Federation

Purpose The purpose of this study is to identify the prospects and main directions for improving Russian legislation on the protection of the rights of consumers of financial services taking into account the specifics of information asymmetry in banking. Design/methodology/approach Using the method of economic and legal analysis, the essence of information asymmetry in banking in the Russian Federation was considered. Taking into account international experience, the analysis of the legislation of the Russian Federation in the existing regulatory and legal field is carried out. A forecast of probable changes in the field of legal regulation of information asymmetry issues in banking was also carried out. Findings This paper deals with cases when information asymmetry can be recognized as unfair behavior. The main features of information asymmetry in banking on the part of credit institutions in terms of banks’ failure to provide information on the content of banking services on the right to refuse additional services have been studied. Originality/value This study suggests that the current Russian legislation does not provide the necessary protection for consumers of financial services from information asymmetry. Based on a comprehensive analysis of legislation and judicial practice, the information asymmetry in this paper is delimited as an economic and legal concept; the prerequisites and main forms of information asymmetry in banking are determined. The main provisions and conclusions of this study can be used in legislative activities when developing provisions on the protection of the rights of financial services consumers.

La Coutume and la Législation

The reformation of customs aimed to bring the sources of law under royal authority and improve judicial administration. Through this process, the king reaffirmed the primacy of legislation in both public and private law. This chapter examines major provisions of the Nouvelle coutume de Paris of 1580 and also looks at judicial cases that were argued at the Parlement of Paris based on the coutumes of other localities. The efforts to reform customs took place in tandem with legislative measures. Most edicts and ordinances inspired by Chancellor Michel de L’Hôpital dealt with public law and procedural matters, but they also covered key private law matters like succession and marital property. Customary law campaigns and legislative activities together represented the royal effort to ensure coherence in the legal system.

Digital Mandates and Their Management: Strategies for Usage of Social Media by Brazilian Federal Legislators

The study aims to analyse the strategies adopted by the Brazilian Federal Chamber of Deputies during the period 2019–2022 (56th legislature) on social media platforms. The survey with political advisers includes the following platforms: Facebook, Instagram, YouTube, Twitter, WhatsApp, Telegram and LinkedIn. The sample consists of 155 informants, 30.21% of the total of 513 parliamentary offices. The conclusions show that 65% of the offices adopt specific strategies for each type of social media, although there is a wider principle, which is the constitution of multi-networks, in a coordinated and complementary way. Within these strategies, the disclosure regarding the parliamentarian’s own actions and the agenda of their electoral bases is prioritized over institutional legislative activities.

Problem issues of criminal proceedings regarding domestic violence

The article is devoted to problematic issues of criminal proceedings under Article 126-1 of the Criminal Code of Ukraine. The purpose of the article is to study the problems of criminal proceedings on domestic violence and to develop recommendations for improving the implementation of criminal proceedings on domestic violence. Based on the analysis of relevant legislation, scientific and theoretical framework, as well as case law on the research topic, a number of problematic aspects were identified, including: debatable interpretation of the concept of "domestic violence", uncertainty of "systematic", uncertainty of subjects and victims , low training of staff conducting pre-trial investigation and trial in a case of domestic violence, a ban on forensic examinations by non-state expert institutions. There are a number of recommendations for their elimination. In particular, the need to harmonize legislative provisions regarding the definition of the objective side of domestic violence as a criminal act is substantiated. It is proposed to supplement Article 126-1 of the Criminal Code with a note defining the range of persons in family relations and relatives, as well as to make appropriate changes to Article 126-1 of the Criminal Code by supplementing the note with a comprehensive interpretation of the concept of regularity. It is noted about the need to develop recommendations on the most effective means and methods of detection and pre-trial investigation, as well as the trial of the investigated category of criminal offenses. It is proposed to introduce foreign internships for employees of pre-trial investigation bodies and judges on the implementation of criminal proceedings on domestic violence with their final testing. These proposals can be used in legislative activities.

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

The birth of constitutional thinking in Cuba. The first constitutional projects

The emergence of Cuban constitutional thinking as a political culture is directly related to the events in Spain of the early decades of the 19th century, in particular, with the abdication of the Spanish King of Charles IV and the captivity of the legitimate Spanish King Ferdinand VII, the ascension to the Spanish throne of a new dynasty, the libera-tion war of the Spanish people against the French occupation (1808-1814), preparations for the convening of the General Courtes (1808–1810), the drafting and adoption of the 1812 Cadiz Constitution. The participation and legislative activities of Cuban deputies in the discus-sion of the articles of the Cadiz Constitution have become a kind of school and an important experience of constitutional creation. The first constitutional drafts that had emerged on the island at the time showed that Cuba, despite its colonial status, had embraced new liberal politi-cal and philosophical ideas brought from the European centre to the Latin American periphery. The authors of the first constitutional pro-jects were prominent public and political figures of Cuba, philosophers and economists, representatives of the "Creole" Enlightenment - Francisco Arango y Parrenio (1765–1837), Jose Agustin Caballero (1762–1835) and lawyer Joaquin Infante (1775–1827?). The article introduces the reader to the first projects of autonomy for Cuba and the first project of independence.