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Shan, X. "Principles Of Law In Modern Criminal Law Of China: Historical And Legal Analysis." Ірпінський юридичний часопис, no. 2(4) (April 5, 2021): 160–67. http://dx.doi.org/10.33244/2617-4154.2(4).2020.160-167.
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The article looks into the evolution of the concept of “the principles of criminal law” in the legislation of the People’s Republic of China during the second half of the twentieth century. The principles of law are recognized as the normative foundations of law, which determine the general scope, main peculiarities and the most significant features of legal regulation. The article studies a number of definitions offered by some Chinese scientists who dealt with the theoretical and legal problems.
The People’s Republic of China was created on October 1, 1949 against the background of destroyed economy, demoralized society, prevailing chaos and the unstructured nature of public authorities. In that period, no codified criminal law was in place. Some criminal acts of that time showed that any fundamental principles were included in the system of criminal legislation either.
The first Criminal Code of the People’s Republic of China of 1979 did not mention any principles of law, whereas the Criminal Code of 1997 provided for three fundamental principles, which became the subject of our analysis. These are the principle of legality, also known as the principle of no punishment for doing something that is not prohibited by law (nullum crimen, nullum točka sine lege), the principle of equality of citizens before the law, the principle of conformity of criminal-legal measures to the nature and circumstances of crime. It is these principles that have been reflected in the current criminal code. Despite the amendments of criminal law introduced over the last few decades, the principles of law have remained unchanged.
The conclusion to the publication makes a suggestion to introduce the general principle of humanism into in the General Provisions of the Criminal Code of China. The scholar believes that this principle should be recognized as the key principle of the criminal law of China, and will aim to ensure the democratic nature of Chinese criminal law.
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Rosin, Kaie. "The Relationship between EU Law and Fundamental Principles of Estonian Substantive Criminal Law." Juridica International 30 (October 13, 2021): 174–82. http://dx.doi.org/10.12697/ji.2021.30.19.
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Although the EU lacks explicit competence to harmonise national principles of criminal law, there are many ways in which EU law and national criminal law are interconnected on a level deeper than mere minimum standards adopted from directives. The article analyses these intersections between EU law and fundamental principles of Estonian substantive criminal law, explaining how the principles of criminal law recognised and interpreted in the case law of the Court of Justice of the EU and covered by the Charter of Fundamental Rights of the European Union exhibit the capacity to affect fundamental principles of Estonian substantive criminal law. The article focuses on five principles specific to substantive criminal law, which are derived from the fundamental principles of the Estonian Constitution and have equivalents in human-rights law: the principle of legality of criminal law, the principle of retroactive application of the more lenient criminal law, proportionality, ultima ratio, and the principle of individual guilt. The analysis demonstrates that the relationship between EU law and the various principles of substantive criminal law is not uniform because the principles of substantive criminal law are not developed evenly at European Union level.
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Vorobey, Petro, Olena Vorobey, Valerii Matviichuk, Andrii Niebytov, and Inna Khar. "Criminal law principles in the fight against crime." Revista Amazonia Investiga 11, no. 49 (February 11, 2022): 156–64. http://dx.doi.org/10.34069/ai/2022.49.01.17.
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The purpose of the article is to analyze the criminal law principles in the fight against crime, to introduce a distinction between them and general principles of the State. The subject of the study is the criminal law principles in the fight against crime. Methodology. The following methods were used to achieve the goal of the Article: formal logic; description; historical and legal; comparative law; dogmatic. Results of the research. The paper analyzes and criticizes the criminal law principles in the fight against crime. Their essence and significance in the general context of combating crime are highlighted. Each principle is analyzed separately in the context of their relationship with the general principles of criminal law policy of the State. Practical meaning. It is proposed not to consider the principle of justice as criminal law one, but to place it within the framework of general philosophical principles and categories such as kindness, decency, humanism, humanity, honesty, etc. Value / originality. It is confirmed that the law on criminal liability must be fair, and therefore effective, which stems from the very matter of justice as a socio-philosophical category.
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Strilets, Oleg Valentinovich, Victoria Vyacheslavovna Namnyaseva, Vitaly Alekseevich Kanubrikov, Irina Alisalamovna Niftalieva, and Dmitry Vladimirovich Zhmurin. "System of criminal legal principles." SHS Web of Conferences 108 (2021): 02019. http://dx.doi.org/10.1051/shsconf/202110802019.
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Modern globalization processes consisting in transnational integration concern not only politics, economy, and culture but also the sphere of combating crime. In the fight against international criminal manifestations, it is necessary to consolidate powerful stabilising factors. One of these factors is criminal law principles, which are a kind of prism through which national legislation is assessed and the practice of its application is adjusted. In this regard, the question of systematising the principles of criminal law is of great importance. Purpose of the research: formulation of the authors’ approach to the problem of systematisation of criminal law principles. Methods: the research was based on the general philosophical dialectical method of scientific knowledge. Besides, the historical and legal, structured system method and formal and logical methods were used. Results and novelty: resulting from the study, the authors’ approach to the system of criminal law principles based on their interrelation, interdependence, and mutual influence is presented. The proposed separation of principles for the first time in the Russian criminal law doctrine reflects both horizontal and vertical classification. Horizontally, criminal law principles are divided into extraordinary (principle of justice), ordinary (principles of equality, humanism, and guilt), and substantive (principle of legality). The extraordinary principle of justice predetermines the content of other principles of criminal law. The ordinary principles of equality, humanism, and guilt determine the implementation of the principle of justice in criminal law. The substantive principle of legality is a unified basis for consolidating the provisions of the principles of criminal law in criminal legislation. This understanding of the principles of criminal law allows building their hierarchy. Vertically, the first place, due to its importance, is assigned to the principle of justice, the second belongs to the principle of equality, the third focuses on the principle of humanism, the fourth concentrates on the principle of guilt and, finally, the principle of legality completes the system.
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Hoctor, Shannon. "Recent Case: General principles of criminal law." South African Journal of Criminal Justice 35, no. 2 (2022): 222–33. http://dx.doi.org/10.47348/sacj/v35/i2a5.
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Pustova, N. O. "Principles of decriminalization of criminal law prohibitions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 278–82. http://dx.doi.org/10.24144/2307-3322.2021.65.51.
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The article deals with the principles of decriminalization of measures of criminal law influence based on a comprehensive system analysis. It is noted that the main direction of criminal law policy is the decriminalization of acts that determine the object of such policy influence. The principle of sufficient social danger implies that the act causes significant harm to the public interest. The principle of the possibility of a positive impact of non-criminal law prohibitions on human behavior involves settling the issue of effective counteraction to the act. The principle of the relative prevalence of acts to be decriminalized emphasizes the need to take into account their individual nature when establishing legal liability for acts. The principle of the predominance of positive consequences in decrim-inalization is especially relevant for economic activity. The principle of timeliness of decriminalization means its implementation at the time of its occurrence, when the act does not pose a social danger, which implies the harmfulness of belated decriminalization.The essence of decriminalization is expressed in the legislation through the principles of law – thus ensuring the formation of the legal law, which means an officially recognized, binding legal act, which is based on the principles of law as rules applicable to the regulation of specific social relations. Decriminalization should be carried out in accordance with systemic principles. If necessary, this is supplemented by the construction of optimal models. This approach to the problem is due to the need to create an appropriate law-making mechanism that would avoid mistakes in reforming criminal law. The principles of decriminalization form a complex system, where one principle is based on the content of another. The fundamental principle of decriminalization is the principle of the rule of human rights and freedoms, which is concretized in general principles as the presumption of innocence, justice.
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SAYAPIN, Sergey. "The General Principles of International Criminal Law in the Criminal Code of the Republic of Kazakhstan." Asian Journal of International Law 9, no. 1 (April 25, 2018): 1–9. http://dx.doi.org/10.1017/s2044251318000036.
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AbstractInternational Criminal Law [ICL] contains a number of general principles, which form the foundations of and conditions for holding individuals criminally responsible for crimes under international law (genocide, crimes against humanity, war crimes, and the crime of aggression), and other crimes against the peace and security of mankind. Most general principles of ICL have been adequately implemented in the current (second) edition of the Criminal Code of the Republic of Kazakhstan. This paper assesses the quality of and identifies the lacunae in the implementation of Kazakhstan’s Criminal Code, with a view to suggesting further improvements to this Code.
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Sayapin, Sergey. "Principles of International Criminal Law." Military Law and the Law of War Review 53, no. 1 (December 2014): 167–70. http://dx.doi.org/10.4337/mllwr.2014.01.13.
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Gajić, Dušan. "The international criminal court: Its competence, applicable law and general principles of criminal law." Glasnik Advokatske komore Vojvodine 74, no. 9-10 (2002): 362–81. http://dx.doi.org/10.5937/gakv0211362g.
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Borysov, Viacheslav, Vasyl Shakun, and Viktoria Babanina. "Application of constitutional principles in criminal legislationof Ukraine." Revista de la Universidad del Zulia 13, no. 38 (September 8, 2022): 140–58. http://dx.doi.org/10.46925//rdluz.38.10.
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The article examines the importance of constitutional principles for the development of criminal law. The main directions of application of the principles of criminal law in the criminal legislation of Ukraine are investigated. It is determined that the principles of the Criminal Law of Ukraine include the main provisions established by law or derived directly fromit, provide a clear description of the content of this branch of law and are used in the legislative and law enforcement activities of the state bodies. Using dialectical and historical methods, the general law principles of Criminal Law are analyzed. Thecontradiction problems of some criminal law institutes with the constitutional principles are revealed using the comparative method and the methods of analysis and synthesis. The conclusion focuses on the need to define the criminal procedural principles as a fundamental rule of conduct of the criminal process and the court, which permeates all stages of the process, based on the procedural coercion of the State, and which aims to guarantee obtaining suitable and admissible evidence and the performance of the functions of criminal proceedings in general.
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Cimbir, Victor, and Sergiu Socevoi. "CORRELATION OF THE PRINCIPLE: ENSURING THE RIGHT TO DEFENSE WITH OTHER PRINCIPLES IN THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF MOLDOVA." InterConf, no. 13(109) (May 20, 2022): 191–99. http://dx.doi.org/10.51582/interconf.19-20.05.2022.025.
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Interdependence of the principle ensuring the right to defense with other principles from the perspective of the criminal procedure code of the Republic of Moldova and article 6 of the European Convention. In approaching the notion of system of fundamental principles of criminal law, two aspects must be taken into account: on the one hand, the knowledge of its components and, on the other hand, the interdependence between these principles in achieving the purpose of criminal proceedings. Ensuring the right to defense, as a principle of criminal proceedings, is linked to other principles, which in turn ensure the possibility of ensuring the right to defense and a fair trial in general. No principle of criminal proceedings is superior or inferior, each having its own importance.
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Wade, Marianne L. "General Principles of Transnationalised Criminal Justice?Exploratory Reflections." Utrecht Law Review 9, no. 4 (September 26, 2013): 165. http://dx.doi.org/10.18352/ulr.248.
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van der Linde, Delano. "Recent Case: Criminal Law: General principles and specific offences." South African Journal of Criminal Justice 35, no. 1 (2022): 74–84. http://dx.doi.org/10.47348/sacj/v35/i1a5.
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Skryabin, Oleksiy, and Dmytro Sanakoiev. "Peculiarities of implementation of the principle of legality in the criminal process of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 253–57. http://dx.doi.org/10.31733/2078-3566-2021-1-253-257.
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The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculiarities of implementation at different stages of the criminal process. Violation of the principles of criminal procedure is a sign of illegality of decisions in the criminal and becomes the basis for the cancellation of these decisions. The principle of legality characterizes the legal regime of strict and mandatory observance of laws in law enforcement practice, which manifests itself in criminal proceedings, limits the discretionary powers of the pre-trial investigation, prosecutor's office and court. The principle of legality becomes an opportunity to transfer criminal proceedings from one procedural stage to another only on the basis of the law and in a strictly defined sequence. Legality is one of the guarantees of establishing the truth in a criminal case, which ensures the protection of human and civil rights and freedoms. The principle of legality is characterized by mandatory observance of laws in criminal proceedings, is a limiting factor in the discretion of the pre-trial investigation, prosecution and court. Due to the implementation of the principle of legality, the shortcomings and gaps in the criminal process that exist in criminal procedural law can be overcome.
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Toshpulatov, Akrom. "Questions of the application of general methods of research of the principles of criminal law." Jurisprudence 1, no. 3 (December 13, 2021): 112–20. http://dx.doi.org/10.51788/tsul.jurisprudence.1.3./wbfi4700.
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The article examines the issues of using general methods for studying the principles of criminal law. In particular, opinions are expressed on the study of the principles of criminal law using the methods of induction, hypothetical deduction and abduction. The author has developed proposals and recommendations for the wider use of general research methods in the field of criminal law, strengthening the methodological basis of the research.
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Ifrim, Ion. "New Issues Concerning the Architecture of Romania’s Criminal Law Principles." Jurnalul de Studii Juridice 17, no. 1-2 (October 10, 2022): 48–86. http://dx.doi.org/10.18662/jls/17.1-2/99.
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In the present study, we show that the principles of criminal law constitute a complex, interdependent, mutually conditional whole, each of them characterising the whole of criminal law as a whole about the principles of European Union law. We then point out that, in general, the means of criminal coercion are restricting their scope of application in favour of extending their preventive, educational and social values, through a gradual decompression of criminal law in favour of other forms of legal intervention and coercion (contraventional, administrative, disciplinary, etc.). We also stress that there are principles enshrined throughout criminal law (1865 - to date), recognised as constants of criminal law; what developments in society have promoted new ideas? Is the range of constants widening or narrowing?
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Андрусенко, Сергей, and Sergey Andrusenko. "Restoration of Social Justice and Imposition of Proportionate Punishment in the Context of the Principle Non Bis In Idem." Journal of Russian Law 3, no. 2 (February 4, 2015): 0. http://dx.doi.org/10.12737/7595.
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The article discusses current issues in the restoration of victim rights by applying one of the fundamental principles of criminal law: the reestablishment of social justice and the commensurability/proportionality of the criminal justice system. Study the problems in the theory of criminal punishment that justify the possibility of increasing the punishment after conviction. The author also analyzes some of the positions of modern medicine which is based on the ability to change the verdict and appointment of new criminal penalties. Insufficient developed changes that were made to the criminal procedure law, can create problems of law enforcement practices that lead to a substantial violation of the rights of victims. The article also examines conflict general principles of criminal law, namely, the restoration of social justice and proportionality of criminal punishment and principle non bis in idem. The author points out significant challenges that may arise in law enforcement and offers solutions.
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Materni, Mike C. "The 100-plus-Year-Old Case for a Minimalist Criminal Law (Sketch of a General Theory of Substantive Criminal Law)." New Criminal Law Review 18, no. 3 (2015): 331–68. http://dx.doi.org/10.1525/nclr.2015.18.3.331.
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Criminal law defines the system of government of which it is the political expression; thus having a normative theory of substantive criminal law is paramount. U.S. criminal law has developed in the absence of such overarching theory, and is now plagued by overcriminalization. This Article advances a model of a minimalist criminal law grounded on strong normative principles that are presented and defended not from the perspective of metaphysics or moral philosophy, but rather in a historical and comparative perspective, as a matter of political choice. Core among those principles is the idea that in a liberal democracy the criminal law should be seen as the extrema ratio, or option of the last resort. After laying out and defending the model, the Article deals with issues related to its implementation, advancing an argument for the constitutionalization of substantive criminal law. The Article argues that, on the basis of existing yet overlooked constitutional doctrine, criminal laws should be subject to at least strict scrutiny.
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Pohl, Łukasz. "Ponownie w sprawie zakresu odpowiedzialności karnej osoby nieletniej według Kodeksu karnego z 1997 r. (zagadnienie form popełnienia czynu zabronionego) – uwagi o metodzie rozwiązania problemu." Prawo w Działaniu 35 (2018): 116–43. http://dx.doi.org/10.32041/pwd.3505.
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In the Polish criminal law it is an issue which causes far-reaching interpretation discrepancies what the scope of criminal acts is for whose commission a minor can be held liable according to general principles specified in the Criminal Code. In this paper a solution is presented based on a derivational conception of statutory interpretation. Application of this conception leads to the conclusion that the scope of such acts is only limited to those behaviours that in Polish criminal law are referred to as direct perpetration. Therefore, the possibility is rejected of holding a minor criminally liable according to the principle laid down in the Polish Criminal Code if they commit other criminal acts, in particular in case of organising the perpetration of an offence; directing a person to commit an offence; inciting; aiding and abetting; attempted offence.
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Raimondo, Fabián. "General Principles of Law as Applied by International Criminal Courts and Tribunals." Law & Practice of International Courts and Tribunals 6, no. 3 (2007): 393–406. http://dx.doi.org/10.1163/156918507x262972.
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AbstractInternational lawyers usually disregard the vital functions that general principles of law may play in the decisions of international courts and tribunals. The relative indifference in these principles should lead to a renewed attention in the legal regime of the general principles of law as a source of public international law. As far as international criminal law is concerned, general principles of law may be crucial to the outcome of an international trial, inter alia because the conviction of an accused in respect of a particular charge may depend on the existence of a given defence under this source. This article examines the role that general principles of law have played in the decisions of international criminal courts and tribunals. In particular, it aims at analysing their alleged 'subsidiary' nature, their process of determination, and their transposition from national legal systems into international law. It concludes that general principles of law have played a significant role not only by filling legal gaps, but also by being a fundamental means for the interpretation of legal rules and the enhancement of legal reasoning.
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Jain, Neha. "Comparative International Law at the ICTY: The General Principles Experiment." American Journal of International Law 109, no. 3 (July 2015): 486–97. http://dx.doi.org/10.5305/amerjintelaw.109.3.0486.
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For a significant period of time, the comparativist and the international lawyer were considered to inhabit different worlds: the former scrutinized similarities and differences between domestic legal systems while the latter focused on the universal realm of international law that overlays these systems. This comfortably segregated image has been conclusively shattered by numerous studies demonstrating the multiple areas of interaction between international and comparative law. of these, one of the ripest areas for further reflection is the “general principles of law” as a source of international law. Puzzlingly, given the traditional domestic law origins of the general principles of law, comparative law and methodology have rarely featured in the scholarship and jurisprudence on the general principles. Thus, the attempt of the International Criminal Tribunal for the Former Yugoslavia (Icty) to use the general principles as a freestanding source of international criminal law provides a particularly intriguing opportunity to study the interaction between international and comparative law.
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Klenova, Tatyana. "General and Special Principles of Criminal Law and Their Correlation." Legal Concept 16, no. 1 (April 2017): 194–99. http://dx.doi.org/10.15688//lc.jvolsu.2017.1.30.
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Klenova, Tatyana. "General and special principles of criminal law and their correlation." Juridical Sciences and Education 60, no. 60 (October 5, 2019): 261–80. http://dx.doi.org/10.25108/2304-1730-1749.iolr.2019.60.261-280.
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Paunović, Dragan. "Complicity in the common law system: General characteristics." Bezbednost, Beograd 63, no. 2 (2021): 171–92. http://dx.doi.org/10.5937/bezbednost2102171p.
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Complicity in the common law system has been subject of different practices in different countries for many years. It is unlike the practice in the majority of continental criminal justice systems. However, the court practice and principles established over time in certain countries have had greater effects than in some other countries using the same system. English common law practice is an example. It is the common law system with the strongest influence. Its practice regarding complicity was established a long time ago in 1861 Accessories and Abbettors Act that was the main law regulating this issue for over a hundred years. Besides very well-established actus rea elements, the main mens rea condition for complicity was a perpetrator's purpose or knowledge of the main criminal act. During 1985, the complicity concept was changed with the final judgment in the case "R v Jogee (Appellant) and Ruddock (Appellant) v The Queen (Respondent) (Jamaica)." The point of this reform was the "joint criminal enterprise" concept that was based on the "foreseeability standard" that made an accomplice responsible even for crime acts that were outside the "common plan or the purpose". After 30 years of implementation, the case of Privy Council Chang Wing-Siu v The Queen reset the complicity doctrine again and got it back to its traditional principles claiming "foreseeability standard" unconstitutional. Due to the importance of the common law system in Great Britain for other countries applying the same system, some of them, including Australia and Jordan, accepted the same complicity principles as Great Britain. Both of the mentioned systems adopted the "joint criminal enterprise" concept, but they developed it within their national criminal laws demanding extra responsibility claims for the accomplice. Unlike them, the US common law is characterized by other elements. Among them, the main ones are its inconsistency in terms of different practices at the state and at the federal level, as well as the lack of codification relating to many criminal law principles, including the complicity doctrine itself. These issues and problems have been a subject of interest of many scholars and practitioners in the common law system. The common denominator of their remarks regarding the problem is the need for a comprehensive reform of the current criminal law regulations and practices. Model Penal Code was a partially successful attempt of such needs but with limited effects. Taking in consideration all problems that exist regarding the complicity doctrine in the common law system, it seems further reforms and codifications of the complicity doctrine are the best way out of the current confusion where this doctrine seems to be stuck.
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Chigara, Benedict Abrahamson. "Towards a nemo judex in parte sua Critique of the International Criminal Court?" International Criminal Law Review 19, no. 3 (May 11, 2019): 412–44. http://dx.doi.org/10.1163/15718123-01806004.
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When the relevance or, practice of international tribunals is impugned their tendency often is to resort to ‘vivere-existential reflexes’. This habit can incubate conflict between the particular tribunal and the requirements of General Principles of Law recognized by civilized nations. This risks disunity between international law, supranational law and domestic law. This article examines the International Criminal Court’s (icc) application and interpretation of Article 87 of the Rome Statute (1998) under the light of nemo judex in parte sua – a general principle of law recognized by civilized nations. The article recommends that an observatory for monitoring International Tribunals’ compliance with general principles of law recognized by civilized nations should be established and a database on non-compliance should be developed and maintained. This should check practice of international tribunals for consistency with general principles of law recognized by civilized nations in a manner that promotes the integrity of international law.
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Baranov, Alexander M., and Pavel G. Marfitsin. "RULES-PRINCIPLES OF CRIMINAL PROCEEDINGS: LAW AND THEORY." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 21–31. http://dx.doi.org/10.17223/22253513/37/2.
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The study aims to formulate the proposals aimed at optimizing the Chapter 2 of the Criminal Procedure Code of the Russian Federation (CPC of RF), which enshrines the principles of criminal justice. The authors of the given article examine the content of the rules-principles, i.e. legislative regulations that express and enshrine the principles of law. It is stated that we should distinguish the rules-principles and rules-beginnings, rules containing general permis-sions and prohibitions and rules-definitions because of the first receive development and logi-cal expression in the second. Attention is drawn to the fact that when discussing the nature of the court procedure we should bear in mind that principles make up the content exclusively of legal awareness. At the stage of drafting of the rules, the principles-ideas become regulatory and legal in nature. The developers of the CPC of the RF are criticized, as they did not take advantage of the scientifically valid system of principles of the criminal proceedings. The authors ask why among the rules-principles reflected in the Chapter 2 of the CPC of the Russian Federation, there was no place for many provisions, previously traditionally recognized as such; why the fundamental provisions of the regulation in other laws, including the Constitution of the Rus-sian Federation, were not enshrined in the CPC of the RF. Based on the analysis of the scien-tific literature and the provisions of the criminal procedure law, the authors conclude that one of the obvious omissions of the developers of the CPC of the RF is the non-inclusion of the provision on equality of all before the law and the court in the number of rules-principles. Objections were raised against the absence of other provisions in the CPC of the RF, previouslyconsidered fundamental for criminal proceedings, namely, publicity (officiality) of criminal proceedings, as well as comprehensiveness, completeness, the objectivity of investigation of all the circumstances of the case. Besides, the authors concluded that the contents of separate articles of Chapter 2 of the CPC of the RF, and, in fact, such independent principles, designated by the legislators as "Respect for the honour and dignity of the individual" (Article 9 of the CPC of the RF); "Immunity of the individual" (Article 10 of the CPC of the RF); "The sanctity of the dwelling" (Article 12 of the CPC of the RF); "The secrecy of correspondence, tele-phone and other negotiations, postal, telegraph and other communications" (Article 13 of the CPC of the RF) can be combined into one group, in Article 11 of the CPC of the RF "Protec-tion of human rights and freedoms in criminal proceedings”. Critical assessment is given to the content of Article 7 of the CPC of the Russian Federation, which is reduced to a formal prohibition for the court, prosecutor, investigator, investiga-tive body and interrogator to apply federal law or other rules contrary to the CPC of the Rus-sian Federation. The current version of Article 7 of the CPC, which enshrines the fundamental principle of legality in criminal proceedings, is inconsistent with modern theoretical views on the essence, content and meaning of the principle of legality in law. The authors conclude that the content of the rules-principles, their system, enshrined in Chapter 2 of the CPC of the Russian Federation, are imperfect and need to be adjusted under the fundamental theoretical developments.
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Tresna, Lalu Panca, Amiruddin Amiruddin, and Ufran Ufran. "Implementation of the Principle of Dominus Litis in Positive Law in Indonesia." International Journal of Multidisciplinary Research and Analysis 05, no. 11 (November 18, 2022): 3123–31. http://dx.doi.org/10.47191/ijmra/v5-i11-20.
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Prosecutors are central figures in the administration of criminal justice because they have the authority to determine cases (dominus litis) to be forwarded to the courts. However, in fact, the application of the Dominus Litis principle is not optimal, such as the implementation of horizontal supervision and the termination of cases. examines the application of the principle of dominus litis to positive law in Indonesia. Normative legal research with the Approach of the Act; futuristic and comparative. The application of the Dominus litis Principle in the Criminal Procedure Code is contained in Article 1 Number (6) letters a and b; 139, as the principle of functional differentiation in Articles 14 and 137, based on the position and function of the prosecutor in the criminal justice system is regulated in Article 140 paragraph (2); Law No. 11 of 2021 Amendment to Law No. 16 of 2004 and Constitutional Court Decision No. 55/PUU-XI/2013 and No. 29/PUU-XIV/2016. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors. Draft Criminal Procedure Law (RUU-KUHAP) Article 8 paragraph (1); 12 Subsections (8); 42 Subsections (1) Letters (b) and 46 Subsections (3) and (4). Prosecutors in Indonesia are in the Executive Institution, have several principles, do not have investigative authority; the scope of criminal, civil and administrative prosecutions of the State and not being double nature of the prosecutors and the macau in the Judiciary, focused on the principle of legality, has the authority to investigate, prosecuting criminal and civil prosecutors and is double nature of the prosecutors.
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Oliinyk, О. "IMPLEMENTATION AND CONTENT OF PRINCIPLES IN ACTS OF APPLICATION AND IMPLEMENTATION OF CRIMINAL LAW." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 77–80. http://dx.doi.org/10.17721/1728-2195/2021/3.118-14.
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The purpose of the article is to determine the forms of implementation of the principles of criminal law in the acts of criminal law. Methods. Methodological tools are selected in accordance with the purpose, specifics of the object and subject of the research. The general dialectical method of scientific knowledge of real legal phenomena is viewed as the main one among other methodological tools. Special research methods used in the study are: the method of systematic analysis, formal legal, interpretation of law, comparative law and modelling methods. The theoretical basis of the study is the latest scientific works in the chosen field of research. Results. As proved during the analysis of law enforcement acts, criminal law principles have their reflection and content in the acts of application and implementation of criminal law. Each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. Acts of implementation of the rules of criminal law are "manifestations" of the actual behaviour of the subjects of criminal law. Conclusions. According to the results of the study, each individual act of application or implementation of criminal law takes into account the relevant set of principles that complement each other and provide law enforcement agencies with comprehensive tools to reflect in such acts of objectively existing social relations. These are the acts of application of criminal law that embody the greatest number of principles of criminal law mainly due to the reflection of the latter in the documents drawn up by law enforcement agencies (indictments, petitions for coercive measures of medical or educational nature, convictions, rulings, etc.). Keywords: principles of criminal law; acts of implementation of criminal law; acts of application of criminal law.
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Puspito, Beni, and Ali Masyhar. "Dynamics of Legality Principles in Indonesian National Criminal Law Reform." Journal of Law and Legal Reform 4, no. 1 (January 22, 2023): 129–48. http://dx.doi.org/10.15294/jllr.v4i1.64078.
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This study aims to find out the dynamics of the legality principle in the renewal of criminal law laws in Indonesia. The type of research used is doctrinal research. All data obtained were analyzed qualitatively juridically. This study examines and examines secondary data about the dynamics of the legality principle in reforming criminal law laws in Indonesia. The principle of legality according to Paul Johan Anslem von Feuerbach is nulla poena sine lege; nulla poena sine crimine; nullum crimen sine poena legali. These three phrases then become the adage Nullum delictum, nulla poena sine praevia legi poenali, which means that no act can be punished except for the strength of the criminal rules in the legislation that existed before the act was committed. The results of this studystates that if an act does not meet the formulation of an offense in a written law, the judge can impose a sentence if the act is considered disgraceful, contrary to justice and other social norms in people's lives. So that implicitly the criminal law in Indonesia has recognized the teaching of material lawlessness in a positive function.
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Mantovani, F. "The General Principles of International Criminal Law: The Viewpoint of a National Criminal Lawyer." Journal of International Criminal Justice 1, no. 1 (April 1, 2003): 26–38. http://dx.doi.org/10.1093/jicj/1.1.26.
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Duttwiler, Michael. "Liability for Omission in International Criminal Law." International Criminal Law Review 6, no. 1 (2006): 1–61. http://dx.doi.org/10.1163/157181206777066745.
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AbstractWhile deliberately excluding from its scope the issue of superior responsibility, this article considers whether there is a general rule of international law providing for liability for omission on which to base a concept of "improper crimes of omission" or "commission by omission".By analyzing international law sources, the article finds that treaty law contains a provision of only limited scope. A customary law rule, it argues, could not come into existence due to the lack of opinio iuris. Turning to general principles of law, the article studies various legal systems, concluding that there is a general principle of law, which for the purposes of criminal law equates the human conduct of omission with action, if a legal duty to act exists.Based on this finding, the article argues that the International Criminal Court is in a position to apply the concept of commission by omission despite the lack of such a general provision on omission in the Rome Statute.
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Leader-Elliott, Ian. "Benthamite Reflections on Codification of the General Principles of Criminal Liability: Towards the Panopticon." Buffalo Criminal Law Review 9, no. 2 (January 1, 2006): 391–452. http://dx.doi.org/10.1525/nclr.2006.9.2.391.
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Chapter 2 of the Australian Commonwealth Criminal Code codifies the general principles of criminal liability. All federal criminal offenses, whether or not they appear in the substantive chapters of the Code, are subject to its provisions. Chapter 2 is based on article 2 of the American Model Penal Code and the equivalent general part of the UK Draft Criminal Code. It is, however, a more completely articulated statement of the elements of liability than either of its predecessors. This paper examines the relationship between physical and fault elements in chapter 2. It takes a Benthamite view of its provisions. Though chapter 2 was conceived as a legislative restatement of common law principles of criminal justice it can be expected to play a more significant role as a manual of instructions for the expression of legislative intentions. Chapter 2 enables the legislature to reclaim from courts the authority to define the grounds of criminal liability. There remain, however, areas of uncertainty resulting from the mismatch between the articulate clarity of most chapter 2 provisions and others that envisage the exercise of unstructured judicial discretion. Two issues in particular are discussed: liability for ulterior intentions and the effect of error or ignorance of law on criminal responsibility. The paper proposes enactment of a defense of reasonable mistake of law as a supplement to chapter 2. It concludes with an expression of hope that Australian criminal law theory might be based on a more unified consideration of legisprudence and common law.
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Pylypenko, D. O. "ON THE QUESTION OF THE DEFINITION AND ESSENCE OF THE PRINCIPLES OF CRIMINAL EXECUTIVE LAW." Actual problems of native jurisprudence 3, no. 3 (June 2021): 167–72. http://dx.doi.org/10.15421/392167.
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The article is devoted to defining the concept and essence of the principles of criminal executive law. The article analyzes the general theoretical concepts for defining the term “principles of law”. The author’s positions of the compilers of explanatory, etymological and other dictionaries on the definition of the principles of law are considered. The positions of domestic scholars in the field of criminal executive law on this issue are studied. It is noted that most definitions of the principles of criminal executive law are based solely on one aspect of criminal executive reality, which is the activity of execution of punishments. Based on this area of criminal executive activity, an idea of the current, basic provisions of the current criminal procedure law has been formed. The article emphasizes the mandatory consideration of such a direction as serving a sentence when determining the key, fundamental provisions of criminal executive law, taking into account the category of principles. This direction actually embodies the subjective composition, which according to the specifics of criminal-executive relations belongs to the sphere of serving sentences. First of all, this direction is related to the person of the convict, as well as other persons involved in this process. This category of persons also includes representatives of local authorities, self-government, public and religious organizations, etc. The article focuses on and expresses the author’s position on the definition of the principles of criminal executive law and mandatory consideration of key elements that fully reflect their essence. Such elements include the perception of principles as: 1) fundamental, conceptual ideas of the relevant branch of law; 2) criteria of subjective, human perception of events, phenomena within certain legal relations; 3) key elements of the structure and functioning of legal mechanisms. Given this, the principles of criminal executive law have the following meanings: a) doctrinal; b) perceptual; c) regulatory. The proposed elements fully reflect the substantive component of the principles of criminal executive law.
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Gless, Sabine, and John A. E. Vervaele. "EditorialLaw Should Govern: Aspiring General Principles for Transnational Criminal Justice." Utrecht Law Review 9, no. 4 (September 26, 2013): 1. http://dx.doi.org/10.18352/ulr.239.
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ROBINSON, DARRYL. "The Identity Crisis of International Criminal Law." Leiden Journal of International Law 21, no. 4 (December 2008): 925–63. http://dx.doi.org/10.1017/s0922156508005463.
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AbstractThe general narrative of international criminal law (ICL) declares that the system adheres in an exemplary manner to the fundamental principles of a liberal criminal justice system. Recent scholarship has increasingly questioned the adherence of various ICL doctrines to such principles. This article scrutinizes the discourse of ICL – the assumptions and forms of argumentation that are regarded as sound reasoning with appropriate liberal aims. This article argues that ICL, in drawing on national criminal law and international human rights law, absorbed contradictory assumptions and methods of reasoning. The article explores three modes by which the assumptions of human rights liberalism subtly undermine the criminal law liberalism to which the system aspires. These modes include interpretive approaches, substantive and structural conflation, and ideological assumptions. The identity crisis theory helps to explain how a system that strives to serve as a model for liberal criminal justice systems has come to embrace illiberal doctrines that contradict the system's fundamental principles.
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Popko, V. V., and E. V. Popko. "Systematic hierarchical nature of sources of international criminal law: methodological aspects." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 375–84. http://dx.doi.org/10.24144/2307-3322.2021.65.68.
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The article considers the sources of international criminal law and notes that the system of sources of this branch is based on the principles of building a system of sources of international law as a whole. Based on the provisions of Article 38 of the Charter of the International Court of Justice, in which the main sources of international law (international conventions, international custom, general principles of law) are enshrined, current trends in the theory of sources of law from a broad approach are taken into account. Emphasis is placed on such features of the sources of law as structure, hierarchy, consistency, interconnection. The imperative nature of the norms of international criminal law, which is inherent in universal sources (principles of law, treaties), is taken into account. Auxiliary sources of law (decisions of international organizations, court decisions, national legislation), which are of a recommendatory nature, are also considered.The author notes that the systematic hierarchical nature inherent in the sources of international criminal law is in the process of formation and results from the state of development of international law. The system of sources consists of general principles of law, principles of international law, principles of international criminal law, treaties (conventions), which are imperative, and ancillary sources that contribute to the formation and development of international criminal law (court precedent, decisions of international organizations, court decisions, national legislation) and are of a recommendatory nature. The main source of international criminal law is a treaty (convention), which has such distinctive features as the consistency of the positions of member states, the existence of a normative form, the imperative nature of the provisions contained therein. International treaties of criminal law content are imperative in terms of implementation mechanism, while the decisions of international organizations are mainly of a recommendatory nature. At the same time, the decisions of international organizations create a conceptual basis for international agreements, determine their common direction, goal-setting. These are primarily the decisions of such international organizations as the General Assembly and the UN Security Council. The task of codification of norms of international criminal law content is urgent.
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Volkov, Konstantin Aleksandrovich, Vladimir Valerievich Agildin, and Bulat Umerzhanovich Seitkhozhin. "Importance of the principles of criminal law in the classification of crimes." SHS Web of Conferences 108 (2021): 02007. http://dx.doi.org/10.1051/shsconf/202110802007.
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The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.
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de Souza Dias, Talita. "Accessibility and Foreseeability in the Application of the Principle of Legality under General International Law: A Time for Revision?" Human Rights Law Review 19, no. 4 (December 2019): 649–74. http://dx.doi.org/10.1093/hrlr/ngz029.
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ABSTRACT The principle of legality is one of the most fundamental principles of domestic and international criminal law. It features in some of the most prominent human rights instruments, and its application has been scrutinised by various human rights courts and international criminal tribunals. One of the principal tests used to check compliance with that principle measures the accessibility and foreseeability of the criminal law at the time of the conduct. Yet a close analysis of this test reveals a number of fundamental flaws that seem to have escaped the eyes of most commentators and practitioners. These have led to outcomes of dubious legality. In this article, I argue that those problems are serious enough to justify a revision or a substitution of that test for one which is more in line with the rationales and dictates of the legality principle.
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Quirico, Ottavio. "GENERAL PRINCIPLES OF INTERNATIONAL CRIMINAL LAW AND THEIR RELEVANCE TO AFRICA." African Yearbook of International Law Online/Annuaire Africain de droit international Online 17, no. 1 (2009): 139–63. http://dx.doi.org/10.1163/22116176-90000084.
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Shchelkonogova, Elena. "The Criminal Legal System and the System of Criminal Law." Legal Concept, no. 4 (December 2022): 185–91. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.25.
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Introduction: in modern social and legal realities, the question of the need for a systematic understanding of law in general, and criminal law in particular, is acute. The judicial practice shows that law enforcement officers often have difficulties in interpreting and implementing legal norms. In this connection, the author of the paper sets the purpose of the study: to consider criminal law as a system-based construct. Methods: the methodological framework for the research is a set of methods of scientific cognition, among which the main ones are the systematic approach, the method of deduction, induction, abstraction, analysis and comparative law. Results: the author’s position justified in the work is based on the legislation and the opinions of the competent scientific community on the question of whether the totality of sources of criminal law has a sign of consistency. Using the legal analysis of the provisions of the theory of law, the question is raised about the possibility of including in the criminal legal system such elements as the legislation on issues related to criminal law, doctrinal opinions of scientists, rules for the qualification of crimes, criminal law principles, judicial practice and others. A semantic distinction is made between the concepts of the criminal legal system and the system of criminal law. The author’s definition of the category of a system-forming feature of criminal law, as well as the concept of a criminal legal system, is given. The conclusion about the non-identity of these concepts is substantiated. Conclusions: as a result of the study, it is established that criminal law has signs of consistency. Criminal law as a branch of law contains various elements, including those related to unwritten law. Among them, it is possible to distinguish socio-philosophical categories, such as religious norms, norms of morality and decency, as well as the rules formulated in the criminal-legal sphere by theoretical scientists and law enforcement officers. In particular, they include the rules for the qualification of crimes, the general principles of criminal law, the doctrine of the composition of the crime and others.
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Kalvodová, Věra. "Legal entities and criminal law – principles of sanctioning." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2261–68. http://dx.doi.org/10.11118/actaun201361072261.
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The article deals with the issue of sanctioning of legal entities in connection with corporate criminal liability introduced after 1 January 2012. It provides a characterization of the sanctioning system provided for under the Act No. 418/2011 Coll. on the Criminal Liability of Legal Entities and on Proceedings against Them, and deals with the crucial principles governing the imposition of punishments and the protective measure. It further discusses the modifications of the sanctions with respect to legal entities, mainly as regards the principles of legality, purposefulness, adequacy, personality and subsidiarity of criminal repression.
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von Ungern-Sternberg, Antje. "Artificial Agents and General Principles of Law." Volume 60 · 2017 60, no. 1 (January 1, 2018): 239–66. http://dx.doi.org/10.3790/gyil.60.1.239.
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Artificial agents – from autonomous cars and weapon systems to social bots, from profiling and tracking programmes to risk assessment software predicting criminal recidivism or voting behaviour – challenge general principles of national and international law. This article addresses three of these principles: responsibility, explainability, and autonomy. Responsibility requires that actors be held accountable for their actions, including damages and breaches of law. Responsibility for actions and decisions taken by artificial agents can be secured by resorting to strict or objective liability schemes, which do not require human fault and other human factors, or by relocating human fault, i.e. by holding programmers, supervisors, or standard setters accountable. ‘Explainability’ is a term used to characterise that even if artificial agents produce useful and reliable results, it must be explainable how these results are generated. Lawyers have to define those areas of law that require an explanation for artificial agents’ activities, ranging from human rights interferences to, possibly, any form of automated decision-making that affects an individual. Finally, the many uses of artificial agents also raise questions regarding several aspects of autonomy, including privacy and data protection, individuality, and freedom from manipulation. Yet, artificial agents do not only challenge existing principles of law, they can also strengthen responsibility, explainability, and autonomy.
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Gruodytė, Edita, Saulė Milčiuvienė, Rasa Volungevičienė, and Reda Molienė. "Interaction of EU Financial Interest and Legal Principles in EU Criminal Law." Teisė 122 (March 30, 2022): 22–35. http://dx.doi.org/10.15388/teise.2022.122.2.
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This article examines the intersection differing the supremacy of law, the effectiveness of the protection of the financial interests of the European Union, and the principles of legality the same as predictability of the law in EU criminal law. The authors analyze the jurisprudence of the Court of Justice, assessing cases where the principle of the supremacy of EU law is applied to ensure the effective protection of the Union’s financial interests and where the ECJ imposes mandatory exceptions to this principle for national courts. In order to strike a balance between the principles of effectiveness and legal predictability, different liability conditions are assessed for a natural person and a Member State that fails to fulfill its obligation to protect the EU’s financial interests.
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IVANOV, NIKITA. "JUSTICE AND HUMANISM IN RUSSIAN CRIMINAL LAW." Sociopolitical Sciences 11, no. 1 (February 28, 2021): 45–52. http://dx.doi.org/10.33693/2223-0092-2021-11-1-45-52.
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The article is devoted to the most important issues of morality and law, issues that make up public relations' value structure - justice and humanism. Justice and humanism as universally recognized virtues are ambiguously understood and interpreted in literature. Still, they are fundamental ideas that are the foundation of the harmonious existence of the human community. As the fundamental ideas of the virtues considered in the article are reflected in the modern Criminal Code of the Russian Federation as the principles of criminal law. What is the ontological essence of the principles established in the Criminal Code, what is the influence of ancient truths on the formation of the semantics of the "virtues of criminal law", what is the error of the legislator who formulated these principles - the essence of the article proposed to the reader.
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Bartels, Rogier. "Dealing with the Principle of Proportionality in Armed Conflict in Retrospect: The Application of the Principle in International Criminal Trials." Israel Law Review 46, no. 2 (June 14, 2013): 271–315. http://dx.doi.org/10.1017/s0021223713000083.
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The principle of proportionality is one of the core principles of international humanitarian law. The principle is not easy to apply on the battlefield, but is even harder to apply retrospectively, in the courtroom. This article discusses the challenges in applying the principle during international criminal trials. It discusses the principle itself, followed by an explanation of the general challenges of dealing with violations of international humanitarian law, and more specifically the rules related to the conduct of hostilities, during war crime trials. The way in which the principle has been used before the International Criminal Tribunal for the former Yugoslavia is examined, including an in-depth discussion of the recentGotovinacase. The second part consists of an evaluation of Article 8(2)(b)(iv) of the Rome Statute of the International Criminal Court, and discusses the difficulties the International Criminal Court would face in cases dealing with violations of the principle of proportionality.
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Salinah, Salinah. "PENERAPAN ASAS OPORTUNITAS DALAM HUKUM PIDANA DI INDONESIA DITINJAU DARI HUKUM ISLAM." Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam 1, no. 1 (November 13, 2017): 61–80. http://dx.doi.org/10.32505/legalite.v1i1.292.
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Law enforced one of them is to meet the sense of justice. Everyone is equal before the law. In the criminal procedure law we recognize several principles which one of them is the principle of opportunity. The principle of self-participation is not actually mentioned in the Criminal Procedure Code but is implied. Whereas if we look back at previous criminal cases, the principle of opportunism is real applied to some people who are considered influential in this country. Whereas whoever he is he does not have impunity, just like ordinary people. However, there are other considerations in enacting this principle. Which of these considerations is the Attorney-General's authority. Furthermore, if we look from the view of Islamic law, we clearly know that whoever it is, it is equal before God and His law.
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Zhiqiu Lin and Ronald Keith. "The Changing Substantive Principles of Chinese Criminal Law." China Information 13, no. 1 (June 1998): 76–105. http://dx.doi.org/10.1177/0920203x9801300104.
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Ilchenko, O. V., and S. M. Senchenko. "Concepts and principles of extradition in criminal procedure law." Analytical and Comparative Jurisprudence, no. 3 (February 20, 2022): 232–37. http://dx.doi.org/10.24144/2788-6018.2021.03.43.
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The article examines the concepts and fundamental principles of extradition in criminal procedure law, reveals their essence and problems. Extradition is the extradition of a person to the State whose competent authorities are seeking him or her for prosecution or execution. But the European Convention on the Extradition of Offenders lacks the notion of "extradition" but instead uses the term "extradition", which some scholars see as synonymous, while others see in the term "extradition" a broader meaning. In general, it is necessary to mention the principles of extradition, which in the article there are seven, which is a complete list and their content is fully disclosed.
The article also evaluations the contradictions between the approaches of scientists to determine the essence of the concept of extradition, but they all have common features. In the scientific literature, extradition can be considered in a broad and narrow sense. In general, the definition of extradition by scientists is more meaningful than the definition used in the regulations of our state.
It should be noted that the procedural status of a person subject to extradition at the level of national legislation remains open and controversial, it is not perfectly defined and entails conflicts and inconsistencies in legal acts. Extradition relations are governed by various branches of law. which is described in detail in the article. It should also be added that the national legislation governing extradition relations needs to be supplemented and the existing contradictions eliminated in order to best implement the extradition process and high-quality international cooperation, as this is an integral part of the extradition institution.
It is noted that extradition is an important element in the fight against transnational crime and aims to reduce its level and in general contributes to improving international relations and quality cooperation between the signatory states of the European Convention on the Extradition of Offenders. Extradition relations are constantly evolving and improving, which best affects the quality of this process and eliminates negative phenomenal in its implementation.
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Poltarykhin, V. A. "THE CONCEPT OF MODERNIZATION OF CRIMINAL LEGISLATION ON CRIMES IN THE SPHERE OF ECONOMIC ACTIVITY ON THE BASIS OF GENERAL PRINCIPLES OF CRIMINAL LAW." Russian-Asian Legal Journal, no. 1 (April 18, 2020): 22–27. http://dx.doi.org/10.14258/ralj(2020)1.6.
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The purpose of this study is to develop a General concept of reforming criminal legislation on responsibilityfor crimes in the sphere of economic activity on the basis of fundamental provisions-the principles of criminallaw and criminal policy. The author proposes criteria for the allocation of certain principles, ideas of thecommon system of basic legal norms which can be applied to processes of criminalization and penalizationof acts that establish differentiated rules and procedures of exemption from criminal responsibility foreconomic crimes, and determine the areas of combating crime, which proposed the principle most popular.The main methods used by the author in the course of the study were the method of comparative research,system-historical, and integrative. As a result of the conducted research, the author comes to the conclusionthat the objectively existing need for a radical reform of the system of responsibility for crimes in the sphereof economic activity can not be realized without a sufficient level of theoretical study, in the theoreticalmodeling of the system of responsibility, of course, must lie fundamental ideas, which can include theprinciples of criminal law in refraction in relation to a specific, uncharacteristic for criminal law sphere ofinfluence.
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Timofeyeva, Liliia Yuriivna. "Principles of criminal law and their realization in war conditions." Herald of the Association of Criminal Law of Ukraine 1, no. 17 (July 12, 2022): 36–51. http://dx.doi.org/10.21564/2311-9640.2022.17.257510.
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The issue of realization of the principles of criminal law in the conditions of war is considered. The basic idea, essence and value of criminal law is to protect fundamental rights and establish a just punishment for their violation. Fair punishment must comply with the principles of criminal law. The meaning of criminal law is expressed through its principles. Among them are the principles of humanism, legality, proportionality, individualization and differentiation of criminal responsibility. It is established that the main idea of the existence of the principles of criminal law in their comprehensive and balanced implementation of the subjects of criminal law. This requirement applies to the level of lawmaking and law enforcement, both in peacetime and in wartime. The problem facing Ukraine does not concern a single country, but all of humanity. After the aggressive military actions against Ukraine, there is a threat to the security of other countries of the world if an effective counteraction mechanism is not developed. It has been established that any armed invasion of the territory of another state in the 21st century is an encroachment not only on territorial integrity. This is an encroachment on European values. These values have been built for centuries in response to the experience of war. The existence of law and order is a value. When a law is codified, structured, clear and concise, a person can compare his behavior with that law. If a person chooses to commit a crime, he does so taking into account the awareness of the illegality of such an act and the existence of appropriate punishment or criminal measure for such an act. Therefore, the government in this case has all the moral and legal grounds to prosecute such a person. The need to adhere to human rights standards in prosecuting those who have committed and been involved in crimes against humanity has been established. The civilized world must respond to and ensure security by civilized methods.