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Journal articles on the topic 'Special criminal law'
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1
Santo, Paulus Aluk Fajar Dwi. "Tinjauan tentang Subjek Hukum Korporasi dan Formulasi Pertanggungjawaban dalam Tindak Pidana." Humaniora 3, no. 2 (October 31, 2012): 422. http://dx.doi.org/10.21512/humaniora.v3i2.3342.
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Article clarified corporate application as a law subject that had not been fully applied in Indonesia. Corporate status as a subject for criminal law only could be found in Criminal Law Legislation, out of KUHP that had been categorized as special criminal law, or administrative regulation having crime sanction. The research applied yuridis –normatif and yuridis comparative methods with the following results. There is incompleteness for the status of a corporate, when the corporate will be considered as a liable institution, how to show the liability, etc. The corporate liability in Indonesia in the special criminal law ( outside KUHP), started with UU no. 7/Drt/1955 concerning Economy Criminal Act that later was continued by other special criminal law up to the affects that the corporate responsibility did not work in general, but it was only limited and applied to some special regulations out of those KUHP. Therefore, the design of Criminal Law Regulations that will be authorizeed into Law is supposed to be able to be guidance in overcoming corporate ‘s criminals
2
ĆUJIĆ, MIODRAG. "CRIMINAL ASSOCIATION IN INTERNATIONAL CRIMINAL LAW." Kultura polisa, no. 44 (March 8, 2021): 23–35. http://dx.doi.org/10.51738/kpolisa2021.18.1r.1.02.
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The criminal association was a criminal offense of the Joint Plan and Conspiracy, or a special form of Crime against Peace, which was highlighted as such in the Nuremberg and Tokyo trials. In the recent practice of international criminal courts, this institute is used in a certain way, but its function is often subordinated to political abuses. By labeling certain political regimes as a “criminal association” by the so-called international political elites are provided with a wide margin of maneuver to justify their “humanitarian interventions” which are the consequence of a common criminal goal. From the middle of the 20th century until today, it is possible to identify violations of international law that occurred as a result of the activities of a criminal association, which continues with increased intensity. If the covert activities of real criminal associations continue, the main outcome will not be the achievement of world peace, but hegemony. In order to prevent this tendency, it is necessary to redefine the place of the Criminal Association in international criminal law, to point out the permanent cases of their actions, their subjects and the ways in which these same subjects avoid responsibility.
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Hulsman, Louk. "The Abolitionist Case: Alternative Crime Policies." Israel Law Review 25, no. 3-4 (1991): 681–709. http://dx.doi.org/10.1017/s0021223700010694.
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We are inclined to consider “criminal events” as exceptional, events which differ to an important extent from other events which are not defined as criminal. In the conventional view, criminal conduct is considered to be the most important cause of these events. Criminals are — in this view — a special category of people, and the exceptional nature of criminal conduct, and/or the criminal, justify the special nature of the reaction against it.People who are involved in “criminal” events, however, do not in themselves appear to form a special category. Those who are officially recorded as “criminal” constitute only a small part of those involved in events that legally permit criminalisation. Among them, young men from the most disadvantaged sections of the population are heavily overrepresented.
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Shaykova, Marina V. "PECULIARITIES OF THE INTERNATIONAL LAW STATUS OF JUVENILE DELINQUENTS." International criminal law and international justice 1 (January 14, 2021): 6–10. http://dx.doi.org/10.18572/2071-1190-2021-1-6-10.
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The article examines the criminal procedure status of minors, its difference from the criminal procedure status of adult criminals, analyzes international legal standards of juvenile responsibility, substantiates the characteristics of a minor accused, which should affect the procedural order of criminal proceedings. The author pays special attention to the personality of the minor, as well as the psychological predisposition of juvenile offenders to dependence on psychoactive substances.
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Benkivskyi, V. "SPECIAL ISSUES OF CAUSATION: CRIMINAL LAW ASPECT." “International Humanitarian University Herald. Jurisprudence”, no. 51 (2021): 120–24. http://dx.doi.org/10.32841/2307-1745.2021.51.24.
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Dyer, Andrew, and Arlie Loughnan. "Introduction to special issue on criminal law." Current Issues in Criminal Justice 35, no. 1 (January 2, 2023): 1–3. http://dx.doi.org/10.1080/10345329.2022.2161729.
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Masenko, A. A. "Law enforcement of the institution of special confiscation: the experience of Europe and North America." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 276–80. http://dx.doi.org/10.24144/2788-6018.2022.01.51.
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The article gives a comparative legal analysis of the definitions of "confiscation", "special confiscation". Special confiscation means the compulsory free confiscation of certain property by a court decision in the cases specified by law, subject to the commission of a certain criminal offense or socially dangerous act.
The introduction of special confiscation as an independent institution of criminal law of Ukraine is a natural stage in the development of domestic criminal law and, in general, is consistent with modern requirements of international law and the practice of special confiscation in foreign countries.
The conditions for the application of this measure of criminal law are determined. The characteristics of legal bases and types of property subject to gratuitous confiscation from persons who have committed crimes are given.
Comparing the norms on the special confiscatio in the Ukrainian legislation and codes of European countries, Canada and the United States, the most detailed model of such a measure of criminal law was identified. So in the Criminal Code of Canada everything is regulated in detail. Of practical interest is the rule that a person can be warned about the confiscation of his property, only in cases where the court is convinced that he will not transform it (destroy, divide, sell).
The German Criminal Code has provisions on the confiscation of criminally obtained property. Yes, if the item cannot be confiscated because it was used or damaged - the court may decide to recover its value, or such recovery may be imposed as additional - ie the item is collected and its value (similar rules are in Ukrainian customs law - when for non-declaration of a certain object transported across the border of Ukraine - the object is confiscated and 100% of its value).
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Zakomoldin, R. V. "ON THE FORMAL ASPECT OF REGULATION OF THE CRIMINAL LEGAL IMPACT IN RESPECT OF MILITARY PERSONNEL IN THE RF CRIMINAL CODE." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 1 (2021): 5–11. http://dx.doi.org/10.18323/2220-7457-2021-1-5-11.
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The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.
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Руслан Георгиевич, Асланян. "STRUCTURE OF THE INSTITUTE OF THE SPECIAL PART OF CRIMINAL LAW." NORTH CAUCASUS LEGAL VESTNIK 1, no. 1 (March 2022): 136–41. http://dx.doi.org/10.22394/2074-7306-2022-1-1-136-141.
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The article is devoted to the structure of the institution of a special part of criminal law in the prism of a set of normative prescriptions fixed both in the criminal law and having a different branch affiliation. The thesis is substantiated that the institution of a special part of criminal law is a system of regulatory prescriptions. As a result of scientific research, the construction of criminal law protection is recognized as a criterion for the formation and systematization of criminal law institutions.
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Marin, Oleksandr. "SPECIAL TYPES OF THE ABUSE OF SPECIAL STATUS OPPORTUNITIES IN CRIMINAL LAW OF UKRAINE: THE CONCEPT AND SYSTEM." Visnyk of the Lviv University. Series Law 73, no. 73 (November 30, 2021): 140–49. http://dx.doi.org/10.30970/vla.2021.73.140.
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It is submitted that the abuse of special status opportunities in the Criminal Code is shown as general prohibitions of abuse as well as special types of those criminal offenses, that are contained mostly in chapters of the Special Part of the Criminal Code of Ukraine other than Chapter XVII. The existing theory of criminal law does not contain monographic complex studies of the concept and system of the special types of the analyzed criminal encroachments. This state indicates a gap in science. The author suggests and defends the hypothesis that among the criminal offenses, which by their nature are considered as the abuse of special status opportunities and are its special types, two groups of encroachments can be distinguished: – provided for in the special norms of criminal law, – provided for in the specific norms of criminal law. It is established that special types of the abuse of special status opportunities, that are enshrined in chapters of the Special Part of the Criminal Code of Ukraine other than Chapter XVII, can be expressed as special and specific criminal norms. In the case of a special criminal norm, a situation of competition of criminal norms should be resolved in accordance with the well-known principle Lex specialis derogat generali. Another correlation occurs when special types of the abuse of special status opportunities are provided for in the specific criminal norms. It seems that the legislator introduces these norms in criminal law as follows. Certain special types are distinguished from a variety of the abuse of special status opportunities. The social dangerousness of them is shown as the existence in their construction of solely specific features, which accomplish a criminal formation function. It seems that the correlation between these specific norms and norms that establish liability for the general types of abuse will be the correlation of the adjacent corpora delicti, and the problem of distinction shall be solved with the competition rules.
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Jurkeviča, Tatjana, and Kaspars Šmits. "THE VIEW TO COLLISION OF NORMS OF THE CRIMINAL LAW." Administrative and Criminal Justice 4, no. 81 (December 30, 2017): 11. http://dx.doi.org/10.17770/acj.v4i81.2842.
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Topicality and issue of a subject-matter Collision of norms in criminal law is incompleteness of legal provisions concerning collision of norms in Criminal law, despite the fact that such legal provisions have been developed in legal doctrine and recognized in case law. Goal of an article is to summarize and show these legal provisions in order to help readers and law enforcers to discern between multiplicity and aggregation of criminal offences, and collision of norms of the Criminal law.In essence – collision of norms of Special part of Criminal law differs from multiplicity (especially a conceptual aggregation) of criminal offences with a count of criminal offences and bodies of the crime (corpus delicti) corresponding to such offences. In a case of multiplicity two or more separate (unitary) criminal offences correspond to two or more bodies of the crime (corpus delicti) which are set out in Criminal law. Collision of norms of Special part of Criminal law occurs where two or more bodies of the crime (corpus delicti) corresponds to one, separate (unitary) criminal offence.In collision between general and special norm of a Special part of Criminal law, special norm (provision) must be applied.In collision between partial (narrower) and complete (broader) norm of Special part of Criminal law, broader norm (provision) must be applied. If such partial (narrower) norm sets out more severe punishment than a complete (broader) norm, both norms must be applied in accordance with rules of conceptual aggregation.In collision between aggravating and mitigating norms (provisions) mitigating norm must be applied, that is – a norm with a lesser punishment.In collision between mitigating norms (provisions), more mitigating norm must be applied.In collision between aggravating norms, more aggravating norm must be applied, that is – a norm wish sets out more severe punishment.Collision of norms (provisions) in administrative violations law is also decided in accordance the same rules of legal norm collision resolution, despite the fact that Latvian Administrative violations code does not contain relevant legal provisions.
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Zakomoldin, Ruslan V. "Criminal Law Influence on Military Servicemen in the Military Security Assurance Mechanism." Military juridical journal 3 (March 4, 2021): 7–10. http://dx.doi.org/10.18572/2070-2108-2021-3-7-10.
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The article is devoted to the analysis of special norms and provisions of the Criminal Code of the Russian Federation, reflecting the specifics of criminal law impact in relation to military personnel as a special subject. The article analyzes the military criminal legislation as a special criminal legal institution that allows differentiating criminal responsibility and punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. On the basis of the analysis undertaken, conclusions and proposals are formulated for introducing amendments and additions to the Criminal Code of the Russian Federation in terms of the criminal law protection of military security and criminal law impact on servicemen.
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Bukarica, Miodrag. "Odgovornost pravnih lica za sva ili samo za određena krivična djela? / Responsibility of Legal Entities for all or for Certain Criminal Acts?" Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (July 11, 2016): 246. http://dx.doi.org/10.7251/gfp1606246b.
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Court practice and illustrative examples of the legislator’s negligence in passing the appropriate laws and bylaws provisions point that, in Bosnia and Herzegovina, the most acceptable would be separation of the criminal acts of legal entities, according to the legislative model of the Republic of Macedonia. Namely, the Republic of Macedonia has not passed a special law on criminal responsibility of legal entities, since the provisions on criminal responsibility (lex specialis) are included as a special chapter of the criminal law and are applied primarily, while the general provisions of the criminal law are applied only in cases not stipulated by the special provisions. Thus in the Special Part of the Criminal Code, along with the legal description, within certain criminal acts it is emphasized that a legal entity may be held responsible for the particular criminal act. Given that, in Bosnia and Herzegovina it would also be possible to determine (separate) criminal acts of a legal entity. The advantage of such solution lies in the fact that it is very simple in the technical sense since, on the occasion of passing amendments and alterations of the special part of the criminal law, no additional interventions shall be required in the criminal law or in the substantial legislation.
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Nikolaienko, Tetiana, Viktoria Babanina, and Tetiana Bohdanevych. "Special Confiscation as a Measure of Criminal Law under Ukrainian Legislation." Cuestiones Políticas 39, no. 68 (March 7, 2021): 824–43. http://dx.doi.org/10.46398/cuestpol.3968.54.
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Through a documentary methodology the article is devoted to the study of special confiscation as a measure of criminal law, which was introduced in Ukrainian legislation on the path of transformation and reform in the institution of confiscation of property. The study found that the emergence of a special forfeiture was mainly dictated by Ukraine's choice of European integration and the need to fulfil its obligations to bring domestic criminal law into line with European standards and international legal practice in the fight against crime. The article discusses the provisions of criminal law on the regulation of special confiscation as another measure of criminal law and considers the main problematic aspects of this institution in the doctrine of Ukrainian criminal law. The correlation between general confiscation and special confiscation was revealed in the article. It was concluded that these two types of seizures are different in a legal nature. The confiscation of property is a type of additional punishment and, the special confiscation of property is an independent type of other measures of the nature of criminal law.
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Alvisahrin, Yudi, Eko Soponyono, and Umar Ma'ruf. "The Criminal Law Policy Regarding the Death Penalty in Renewing of Indonesian Criminal Law." Law Development Journal 4, no. 1 (May 13, 2022): 170. http://dx.doi.org/10.30659/ldj.4.1.170-181.
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This study aims to examine in depth the criminal law policy regarding the death penalty in the renewal of Indonesian criminal law. This research was expected to contribute ideas in the realm of literature in the field of Islamic law as well as input for observers and law enforcers to determine policies related to the death penalty law. To achieve this goal, this research was conducted by observing events or facts deemed relevant to the research, by collecting primary data and secondary data through a juridical-normative approach with qualitative analysis methods. The study with this theme can be concluded that the choice or stipulation of the death penalty as a means to tackle crime is essentially a policy choice. The concept of the draft Criminal Code issues the death penalty from the main criminal system and lists it as a special principal crime or as an exception (special) punishment. These laws are made to maintain the balance of human life in order to create harmony and order.
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Nikolaienko, Tetiana, Viktoria Babanina, and Tetiana Bohdanevych. "Special Confiscation as a Measure of Criminal Law under Ukrainian Legislation." Journal of Politics and Law 14, no. 1 (November 25, 2020): 19. http://dx.doi.org/10.5539/jpl.v14n1p19.
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The article is devoted to the study of special confiscation as a measure of criminal law, other than punishment, which was introduced into the legislation of Ukraine on the way of transformation and reformation of the institution of confiscation of property. The study found that the emergence of special confiscation was dictated primarily by Ukraine's choice of European integration and the need to fulfil its obligations to bring domestic criminal law in line with European standards and international legal practice in combating crime.
The article notes that today the confiscation of property remains one of the most controversial measures of criminal law in both domestic and foreign law. Traditionally, in the criminal law of Ukraine, this measure played the role of one of the types of punishment. However, at the present stage of development of criminal law, the legal regulation of forced confiscation of property has undergone significant changes. Currently, this is not only a form of criminal liability, but also different from the latter, another measure of criminal law, which manifests itself in three forms, namely as: 1) special confiscation of property of an individual; 2) confiscation of property of a legal entity; 3) special confiscation of property in respect of a legal entity.
The article analyzes the provisions of the current criminal legislation of Ukraine on the regulation of special confiscation as another measure of criminal law and considers the main problematic aspects of this institution in the doctrine of criminal law of Ukraine.
The correlation between general confiscation and special confiscation was revealed in the article. The conclusion was drawn that these two types of confiscations are different in legal nature. Confiscation of property is a type of additional punishment, and special confiscation of property is an independent type of other measures of a criminal law nature. The main difference between the investigated institutions is that their application seizes property of different nature, namely: the subject of confiscation of property is property that belongs to the convict on the right of ownership, and in the case of special confiscation, property related to the commission of a crime is subject to confiscation.
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Golenko, D. V. "CONCERNING SOME DETERMINANTS GOVERNING THE STRUCTURE AND CONTENT OF SPECIAL PART OF THE CRIMINAL LAW (BY THE EXAMPLE OF THE RSFSR CC OF 1922)." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 1 (2022): 5–12. http://dx.doi.org/10.18323/2220-7457-2022-1-5-12.
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The construction of the Special Part of the Criminal Law is a topical issue for any state. The important task is to identify determinants influencing the structure and content of this component. The retrospective analysis of changes in the legislation allows identifying factors affecting the Special part of the criminal law, as well as the legislator’s response model in the context of changes in these factors. It makes it possible to use the existing experience to construct the Special part of the current Russian criminal code. The paper considers two types of determinants: socio-economic and political. For example, the author analyzes the Special part of the RSFSR Criminal Code of 1922. During the development and adoption of this law, significant transformations took place in the political and socio-economic life of Russian society: the system of government, the economic type, and social groups were changed. The paper presents the study of the influence of these processes on the structure and content of the Special Part of the RSFSR Criminal Code of 1922. The author focuses on the representation arrangement and content of legislative material, compares the statements of the Special part of the RSFSR Criminal Code of 1922 with the formerly existing and subsequent criminal legislation. The author concludes that the Special part of the criminal law socially and politically depends on the situation, in which this law is created. The influence of socio-economic and political factors on criminal law is inevitable. In some cases, the state tries to hastily regulate the changing social relations using criminal law means that is not always criminologically relevant and reasonable. It is necessary to carefully and reasonably consider changes in criminal legislation.
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Mytrofanov, I. "Norm of criminal law under the draft Criminal code of Ukraine." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 4(52) (December 21, 2021): 54–61. http://dx.doi.org/10.20535/2308-5053.2021.4(52).248139.
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The article considers the rule of law, the rule of criminal law. When studying the norm of criminal law, I rely on the fact that it is a mandatory rule of conduct for failure to commit a criminal offense under the criminal law of the Special Part of the Criminal Code of Ukraine, organically related orders, compliance with which is ensured by coercive potential criminal law influence. The norm of criminal law consists of: 1) conditions for the implementation of criminal law (hypothesis); 2) criminal law normative – obligatory legal requirement for non-commission of an act provided by the instruction of the Special Part of the Criminal Code (disposition); 3) sanction for non-compliance with these legal requirements. Mandatory requirements (rules) contained in the articles of the General and Special Parts of the Criminal Code and organically supplement (clarify) the content of the relevant structural part of the criminal law or contain procedural issues for its application and implementation. The article analyzes the hypothetical, dispositional and sanctioning dictates of the draft Criminal Code of Ukraine. It is concluded that the draft Criminal Code of Ukraine does not significantly change the approaches to understanding the rules of criminal law as a system of established (sanctioned) by the Verkhovna Rada of Ukraine and legally secured universally binding criminal law norms and organically related commands. project composition, their rights and responsibilities, tasks of the Criminal Code, legal facts, etc.), compliance with which is ensured by the coercive potential of the means of criminal law influence. The considered norm in a broad sense provides for a three-tier structure and is fixed in the criminal law. At the same time, the structural elements of the norm of criminal law in the «broad» sense are placed in the articles of both the General and Special parts of the draft Criminal Code of Ukraine. Further research should focus on understanding the concept and structure of criminal law, as it will help both the legislator and the court. Proper interpretation of the concept and structure of criminal law encourages parliamentarians to more fully and accurately reproduce in the text of the Criminal Code of Ukraine all the necessary elements of criminal law in view of the purpose of its development and adoption, and the judge, investigating judge (court) – to find, compare and understand these elements, to establish their interrelations and the legal will of the legislator fixed in this norm, and also to provide its reliable realization according to a letter of the law. This knowledge allows members of society to navigate the system of criminal law obligations for their implementation.
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Bezverkhov, Arthur G., and Diana V. Golenko. "Structure of the Special Part of the Criminal Code of the Russian Federation: Modernity and Prospects." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 17–29. http://dx.doi.org/10.17223/22253513/44/2.
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The aim of the presented work is a legal analysis of the structure of the Special Part of the Criminal Code of the Russian Federation from 1996 to 2020 in order to identify trends in contemporary criminal law construction and prospects for the structuring of Russian criminal legislation. We have studied individual structural components available in the Special Part of the Criminal Code of the Russian Federation (such as chapters, sections, articles, as well as special attention to the dispositions, sanctions and notes to the articles of the Special Part of the Criminal Code of the Russian Federation) in the context of the modern development of socio-economic and political relations. Particular attention is paid to the methods of legislative technique in the construction of the Special Part of the Criminal Code of the Russian Federation. The tendencies typical of the modern criminal legislation were revealed. Attention was drawn to the presence of certain differences in the construction of the Soviet criminal codes and the current criminal law. Opinions existing in doctrine on the problem of construction of the modern criminal law of Russia are given. It is shown that the systematic ongoing permanent changes in the content of the articles of the Special Part of the Criminal Code of the Russian Federation leads to a significant violation of the logic of the criminal law system of Russia as a whole, as well as entails the creation of irreducible inconsistencies and contradictions within the current criminal law. The lack of a holistic understanding of the basis and content of the criminal law leads to haphazard changes and transformations, which create chaos inside the criminal law document. The paper argues that the only way out of the current situation is the development of a unified concept of structuring the criminal law of the Russian Federation. The concept must be based on historical experience, on prevailing domestic political, economic and social conditions, on international legal agreements, on criminological foundations, on modern achievements in legislative technique and, of course, on the latest doctrinal research. In the first quarter of the XXI century criminal and legal doctrine has carried out a profound scientific synthesis in the structure and content of the General and Special parts of the criminal law and created all the necessary groundwork for the development of a new Criminal Code of the Russian Federation or for the proposal of a new edition of the existing criminal law. The authors declare no conflicts of interests.
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Harun, M., Nyoman Serikat Putra Jaya, and R. B. Sularto. "Reform of the Political Party Law and the Election Law Related to the Criminal Responsibility of Political Parties in Indonesia." WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT 17 (August 4, 2021): 859–65. http://dx.doi.org/10.37394/232015.2021.17.80.
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This study tries to analyze the criminal liability of political parties in the Political Party Law and the Election Law in Indonesia, as well as conceptualize the renewal of the criminal liability of political parties. This research includes normative legal research, with the type of data used in this study is qualitative data. The results of the study indicate that political parties are corporations that can and are capable of being held criminally responsible, as seen in Law Number 2 of 2008 as amended by Law Number 2 of 2011 concerning Political Parties. Criminal liability can be further regulated by imposing it on individual legal subjects. As a conceptualization of the renewal of the criminal responsibility of political parties, it is necessary to define the affirmation of political parties as the subject of criminal acts, sanctions and types of criminal acts, special punishment rules, and reasons for the elimination of a prosecution.
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Park, Gisuk. "Special prevention in Criminal law and Correction counseling." Institute for Legal Studies Chonnam National University 41, no. 2 (May 30, 2021): 233–56. http://dx.doi.org/10.38133/cnulawreview.2021.41.2.233.
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Koval, Andrei V. "Criminal Law Characteristic of Special Relapse of Bribery." Vestnik of the Omsk Law Academy 15, no. 2 (2018): 227–33. http://dx.doi.org/10.19073/2306-1340-2018-15-2-227-233.
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SAMOILOV, Vadym. "Issues of the legal construction of special forfeiture under the criminal law of Ukraine." Economics. Finances. Law, no. 7/1 (July 30, 2021): 24–29. http://dx.doi.org/10.37634/efp.2021.7(1).5.
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Introduction. This paper highlights the main elements of the legal construction of special forfeiture at the present stage of its legal regulation. The purpose of the paper is the isolation of the main components of the legal structure of special forfeiture, their analysis separately and in conjunction with each other in order to identify inaccurate and conflicting provisions of the Law of Ukraine on Criminal Liability. Results. The content of each element of the legal construction of special forfeiture is analyzed both separately and in conjunction with other elements. The peculiarities of the actual criminal law content of the special forfeiture have been established. The peculiarities of the procedural basis for the application of special forfeiture are analyzed. The characteristic features of the criminal law conditions for the use of special forfeiture have been established. Some shortcomings of the legislative technique in constructing the provisions of the Law of Ukraine on Criminal Liability concerning the persons to whom provisions on special forfeiture are addressed have been established. The peculiarities of the criminal law basis of special forfeiture and the contradiction of this element of its legal structure with its other elements are characterized, which excludes the use of special forfeiture in some cases by its literal meaning in the form in which it is formulated in the law on criminal liability. The characteristic features of the subject of special forfeiture and the contradiction of this element of its construction with the forfeiture of property as a type of punishment are established. The exclusions from some of the above components of special forfeiture are analyzed. The success of the use of the phrase "bona fide purchaser" in the construction of Article 962 of the Criminal Code of Ukraine is analyzed. Conclusions. Ambiguous elements of the construction of special forfeiture that require legislative adjustment have been identified. Clearly conflicting provisions of the norms of the law of Ukraine on criminal liability concerning the legal construction of special forfeiture are singled out. Relevant conclusions are made.
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Anthony, Thalia, and Penny Crofts. "Special Edition: Limits and Prospects of Criminal Law Reform – Past, Present, Future." International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 1–7. http://dx.doi.org/10.5204/ijcjsd.v6i3.423.
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This special issue traces multifaceted readings of criminal law reform in the context of developments in Australia, North America and Europe. It addresses a range of criminal law legislative regimes, frameworks and issues confronting criminal law reform including as they relate to family violence, organisational liability for child sexual abuse, drug-driving and Indigenous under-representation on juries. In doing so, the articles variously assess the impacts of past criminal law reforms, current processes of reform, areas in need of future reform and the limitations of reform. It poses a number of challenges: Who does law reform serve? What principles should guide the work of criminal justice reform? What is the role and responsibility of universities in law reform? Who are the natural allies of academics in agitating for reform? Is reform of criminal law enough for progressive social change? Do public inquiries and law reform assist with progressive change or do they have the potential to undermine the struggle for more humane and equitable social responses?
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Sizova, Viktoriya. "Formation, development and current state of the system of the Special part of the criminal legislation of the Criminal code of France." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2021, no. 1 (April 9, 2021): 137–45. http://dx.doi.org/10.35750/2071-8284-2021-1-137-145.
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he study of the formation of the system of special part of the French criminal law is relevant. The importance of the research is determined by foreign experience value from the point of view of formation and development of criminal law norms. The latter regulates criminal prosecution for specific criminal acts from the perspective of economic development of the country. It enables us to draw a conclusion to implement a positive French experience into Russian criminal legislation. The main idea of this work is to study the main stages of the formation and development of the system of the special part of criminal law of France comitting reviewing in detail specific groups and types of criminal acts, which is not possible in one publication and will form the basis of the author’s subsequent publications.
Problem statement. The criminal law of France today is an example of unification and harmonization of the criminal law system of European countries. Thus, for effective structuring of elements of the Special part of the Russian criminal legislation, it is necessary to study the experience of the special part of the French criminal legislation formation.
The aim of the paper is to develop a scientific understanding of the main stages of the formation and evolution of the system of the special part of criminal legislation in the context of a possible design of certain provisions of the system of Russian criminal law based on the study of the experience of legislative presentation of specific criminal law norms in the Criminal Code of France.
Research methods: dialectics, analysis, comparative legal, system-structural, formal-logical, specifically historical.
Results and key conclusions: it should be noted that at the present stage of its development the Russian criminal legislation is not a perfectly structured system. This statement has been proved by a range of researches carried out by different specialists during recent years. In this regard, it was established that to improve the effectiveness of legal and technical design of the provisions of the Special part of the national criminal legislation, it is extremely important to refer to foreign experience taking into account conflicts of foreign criminal law norms and gaps made in the systematization of certain provisions of the Special Part.
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Balobanova, Daria, Iryna Hazdayka-Vasylyshyn, Ruslan Shekhavtsov, Oleksiy Avramenko, and Nataliya Lashchuk. "Dynamics of criminal law and process in conditions of special legal regimes." Revista Amazonia Investiga 11, no. 54 (August 30, 2022): 208–18. http://dx.doi.org/10.34069/ai/2022.54.06.20.
Full textAbstract:
The research is aimed at identifying the main legislative changes made under the conditions of a special legal regime, within the criminal law and criminal process and its impact on the general dynamics of the regulation of relevant social relations. Thus, under the conditions of the introduction of a special legal regime of martial law on the territory of Ukraine, the issues of improving the existing criminal and criminal procedural legislation, criminalizing certain acts, and simplifying the relevant procedural actions that reflect modern legal realities and meet the challenges and needs of the state and society have become urgent. The purpose of the work is to identify certain fundamental changes in criminal and criminal procedural legislation, which embody the dynamics of criminal law and process, as well as determine their further vector of development. The methodological basis of the work consists of the following methods: dialectical, functional, axiological, system-structural analysis method, and generalization method. The result of the study was proof of the existence of positive dynamics of criminal law and the criminal process in the conditions of a special legal regime. Despite the difficult time for Ukrainian statehood, Ukraine continues to improve the regulation of social relations within the framework of criminal law and process following the needs of society and the needs of the state, and also actively and effectively carries out a rule-making policy taking into account the prospects of the development of criminal law and process.
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Lomaha, Yu T. "Qualification of intentional murders in the competition of criminal law norms." Actual problems of improving of current legislation of Ukraine, no. 60 (September 15, 2022): 28–40. http://dx.doi.org/10.15330/apiclu.60.28-40.
Full textAbstract:
Taking into account the associative nature of the relevant system of norms, it seems that the nature of the connections between these norms can cause, in the event of the corresponding criminal offense, such an atypical situation of law enforcement as the competition of criminal legal norms. Extrapolating the acquisition of the criminal legal doctrine to the needs of our research, despite some differences in the given definitions, the competition of criminal legal norms in the qualification of intentional murders occurs when: 1) a person committed the intentional murder of one victim, that is, one murder; 2) according to the signs of the actual composition of the committed act, the behavior of the guilty person falls under the signs of several, two or more legal compositions of murder, provided for in several criminal law norms; 3) these norms are in such a logical and legal relationship that excludes their simultaneous application to a specific case and determines the need to apply only one of them. In the doctrine of criminal law, depending on the nature of the relationship between norms, three main types of competition of criminal law norms are distinguished: 1) general and special norms; 2) part and whole; 3) several special norms among themselves. The resolution of situations of competition of criminal law norms when qualifying intentional murder, regardless of the type of such competition, entails the application of only one article of the Special Part of the Criminal Code of Ukraine, since only one criminal offense has been committed. When qualifying intentional murder, the law enforcement body may encounter typical types of competition of criminal law norms: general and special norms, part and whole; several special norms among themselves, as well as with complicated situations, which are due to the peculiarities of the construction of the disposition of criminal law norms. In any case, it should be emphasized that there cannot be an ideal set of criminal offenses provided for by competing criminal law norms. Therefore, the practice of courts that allow such a combination should be defined as unfounded and should not be applied to the criminal law assessment of intentional attacks on another person’s life.
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Trainin, Aron N. "The Law on the Protection of Peace." Gosudarstvo i pravo, no. 2 (2022): 265. http://dx.doi.org/10.31857/s102694520018874-2.
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The article shows the reasons for the adoption by the Supreme Soviet of the USSR on March 12, 1951 of the Law “On the Protection of Peace”, its general political and legal characteristics are given, the content of the concept of “propaganda of war” is disclosed, the ways of its implementation are named, propaganda is distinguished from incitement as criminally punishable acts, the provision is justified, according to which criminal liability for propaganda should occur regardless of criminal results. Special attention is paid in the article to the campaigns of persecution of peace fighters that took place in a number of countries.
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Lajic, Oliver. "Special forms of criminal property confiscation." Zbornik Matice srpske za drustvene nauke, no. 141 (2012): 625–39. http://dx.doi.org/10.2298/zmsdn1241625l.
Full textAbstract:
Confiscation has existed in the domestic legal system for more than half a century. Considering limitations in practical implementation of this principle, espe?cially in the context of fighting against organized crime, the domestic legislator has recently offered new solutions for ?criminal property? confiscation in the form of criminal property confiscation procedure regulated by a special law. In this sense, this paper ana?lyzes the specific characteristics of organized crime phenomena, which require a different approach compared to the standard solutions in this area, criticizing such solutions, as well as the state of the local law and practice that preceded the adoption of the above mentioned regulation. The author concludes that criminal property confiscation may be considered as a desirable instrument in the fight against organized crime, whereby we should be careful in creating the related normative and legal framework, thus avoiding numerous negative effects that may challenge its creators. He also points out the international element that has significant influence in the design and practical implementation of the national models.
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Назаренко and Gennadiy Nazarenko. "Contemporary criminal law policy: a new phase of liberalization." Central Russian Journal of Social Sciences 11, no. 2 (April 29, 2016): 94–98. http://dx.doi.org/10.12737/19384.
Full textAbstract:
In the article the modern criminal law policy is viewed as a multidimensional socio–legal phenomenon. The author distinguishes several levels of legal policy: theoretical, directive, legislative, institutional and enforcing. The article shows that the modern stage of development of criminal law policy is characterized by strengthening of negative tendencies at all levels of development, formation, organization and implementation of criminal policy. As a result, in the Criminal Code of the Russian Federation inoperative statutes and double regulations appeared, the inclusion of which in the criminal law creates confusion and leads to difficulties in law enforcement practice. Casuistry of criminal law policy is evident not only in norms of the Special part of the Criminal code of the Russian Federation, but also in the requirements of the Special part that violates the consistency of the criminal law, reduces the quality of legal rules and the effective protection of the rights and legitimate interests of citizens by criminal law means. In general criminal policy of Russia at the present stage has the reflective nature, because forms, means and methods of combating crime are determined spontaneously, under the pressure of circumstances, indicating a lack of scientifically proved criminal law policy.
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Borkov, V. N., and S. E. Suverov. "General and special types of exemption from criminal liability: appointment, purpose, design features." Law Enforcement Review 6, no. 1 (March 24, 2022): 162–73. http://dx.doi.org/10.52468/2542-1514.2022.6(1).162-173.
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The subject of the article is the problem of compliance of general and special types of exemption from criminal liability with the legal nature of criminal law, as well as the logical consistency of criminal law matter.The purpose of the article is to establish the key factors influencing the construction of the content of general and special types of exemption from criminal liability by studying the goals, purpose and legal nature of the latter.The methodology includes dialectical, comparative legal methods, systematic analysis of legal academic literature, as well as interpretation of Russian criminal law.The main results, scope of application. The establishment of norms providing for the release of persons who have committed crimes from criminal liability in the law is justified by the disappearance (reduction) of the public danger of the committed act and (or) the personality of the person who committed it. Modern trends of criminal policy require the presence of such an instrument in the legislation, which allows avoiding unnecessary criminal repression, restoring the rights of victims. At the same time, the consolidation of special types of exemption from criminal liability in the text of the Special Part of the Criminal Code of the Russian Federation pursued two main goals: (1) To avoid the onset of more serious consequences (causing death or harm to the health of hostages); (2) Revealing and disclosure of latent (hidden) crimes. However, despite the indicated feature, special types of exemption from criminal liability should be built taking into account the tasks facing the criminal law of Russia and the goals of criminal liability.Conclusion. The content of the types of exemption from criminal liability is directly influenced by the purpose and goals of this criminal legal institution. The further improvement of this legal institution should be carried out exclusively taking into account the tasks facing the domestic criminal law.
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C. Viano, Emilio. "Section II - Criminal law. Special part - Information society and penal law." Revue internationale de droit pénal 84, no. 3 (2013): 335. http://dx.doi.org/10.3917/ridp.843.0335.
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Aslanyan, Ruslan G. "Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century." Gosudarstvo i pravo, no. 8 (2021): 150. http://dx.doi.org/10.31857/s102694520012925-8.
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The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.
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Boțian, Elisabeta. "Motive or Reason in Criminal Law." International conference KNOWLEDGE-BASED ORGANIZATION 23, no. 2 (June 25, 2017): 150–55. http://dx.doi.org/10.1515/kbo-2017-0104.
Full textAbstract:
Abstract Guilt often encompasses volitional and intellectual mental processes and only in rare cases it will include affective processes. The motive and purpose are certain mental processes which the legislator sometimes introduces in the content of the offenses. The motive is the psychological causal support of human facts. The doctrine currently uses both the term of motive and that of reason, but the Criminal Code uses exclusively the term motive, which better communicates the conscious and rational character of these psychological processes. In the general section of the Criminal Code, mental processes of the motive are common among the general criteria of punishment individualization and also in listing the aggravating circumstances. In the special part of the Criminal Code mental processes of the motive can be found both for typical or special variants and aggravated or qualifying forms of certain crimes. Motive can be expressed explicitly by equivalent terms or by an implied manner, which entails the need for interpretation of the text.
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Slinko, Dmytro, Kateryna Slinko, and Dmytro Filin. "GENERAL AND SPECIAL THEORY OF THE CRIMINAL PROCESS OF UKRAINE." Journal of V. N. Karazin Kharkiv National University, Series "Law", no. 31 (August 4, 2021): 92–98. http://dx.doi.org/10.26565/2075-1834-2021-31-13.
Full textAbstract:
Introduction. The criminal process in Ukraine is based on the basic principles of legal theories of Anglo-Saxon law. Adversarial proceedings are defined as a criminal lawsuit, on the basis of which the investigator is obliged to initiate criminal proceedings and support public prosecution. A retrospective analysis of the theoretical constructions of general theories of the criminal process in Ukraine shows their construction on the basis of Romano-Germanic provisions of continental Europe, where the basis is the publicity of the process and criminal prosecution by criminal justice authorities. In this case, the construction of general and particular theories of the process of Ukraine has a significant legal difference. Summary of the main research results. The main differences can be considered on the basis of optimization constructions, procedural economy, application of criminal repressions connected with restriction of the rights, freedoms and interests of participants of criminal proceedings. It should be noted that the current criminal procedure law does not define, to the end, the concept of general and private theories of process. Conclusions. The article offers theoretical aspects and practical solutions to emerging problems on the basis of the criminal process of Ukraine, the construction of theoretical approaches based on Anglo-Saxon law, which is important for optimizing the criminal process of Ukraine.
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Trofimov, Dmitriy O. "“Special military situation”: General description of new laws." Ugolovnaya yustitsiya, no. 20 (2023): 33–37. http://dx.doi.org/10.17223/23088451/20/6.
Full textAbstract:
Bringing to criminal liability those who have committed a crime in a special military sitiation requires the legal categories that characterize this legally significant military situation to be fixed in the criminal law. It was carried out by the adoption of Federal Law No. 365-FZ of September 24, 2022, “On amendments to the Criminal Code of the Russian Federation and Article 151 of the Code of Criminal Procedure of the Russian Federation.” Federal Law No. 365-FZ of September 24, 2022, qualifies as crimes commited in a military situation: 1) crimes committed during the mobilization; 2) crimes committed during martial law; 3) crimes commited in wartime; 4) crimes committed in conditions of armed conflict; 5) crimes committed in the conditions of warfare. The author provides a justification for the terminological definition of the circumstances under the general name “special military situation” and analyses the normative grounds for their existence, content, and meaning, which is necessary for the correct application of these legal categories in practice.
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Vynnyk, A. O. "Separate Issues Of The Conditions For The Using Of Special Confiscation As An Alternative «Iminal Law Measure Under The Criminal Law Of Ukraine." Actual problems of improving of current legislation of Ukraine, no. 49 (April 3, 2019): 46–52. http://dx.doi.org/10.15330/apiclu.49.46-52.
Full textAbstract:
The conditions for special confiscation as an alternative criminal law measure using have been identified and disclosed. It has been determined the baselessness of the designation on specific crimes as condition of special confiscation in the provisions of Article 96-1 of the Criminal Code of Ukraine. Attentioned to the necessity to eliminate those imperfections in formulating the provisions of the current Article 96-1 of the Criminal Code of Ukraine, which according to the terms of formal logic allow it ambiguous interpretation and create a legal possibility of avoiding the special confiscation and saving illegally obtained assets. Exept this, the position was expressed on the expediency of the using of special confiscation for committing any intentionally crime or socially dangerous act, which is specified in the Criminal Code of Ukraine.
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Marin, О. "The concept and legal nature of abuse of special status opportunities in the criminal law of Ukraine." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 272–77. http://dx.doi.org/10.24144/2307-3322.2021.65.50.
Full textAbstract:
The article deals with the determining of the legal nature and definition of the concept of abuse of special status opportunities in the criminal law of Ukraine. Regarding given problem author notes following issues as deliberative: the legal nature of abuse of special status opportunities in criminal law; the scope - what can be misused; the matter of the relevant prohibition under criminal law and the adequacy of its legal enshrinement; the correlation between abuse and excess as forms of illegal behavior of a special subject; proposals for improving the law regulation of criminal liability for abuse of special status opportunities.Author makes an attempt to formulate rationale for general abstract prohibition of abuse of special status opportunities as a type of breach of trust in a broad sense. Currently there are three adjacent corpus delicti which are provided for in Articles 364, 364-1 and 365-2 of the Criminal Code of Ukraine. Own considerations on the discussed issues are also given. Prohibition of the abuse of special status opportunities, which now exists in the criminal law of Ukraine, should be seen as a general norm of criminal offense and it can be defined as “the use by an official or a person, who provides public services (special subject), of special status opportunities contrary to the interests of the state, a legal entity, or the provision of public services in order to gain an undue advantage either for themself or for any other person, where such action caused significant damage to a person, legal entity, interests of the state or public interests”.Author rejects the proposal to exclude general norm(s) of prohibition of abuse of special status opportunities from the Criminal Code of Ukraine. There were given some arguments concerning necessity of the preserving of the abstract norm.
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Aslanyan, Ruslan. "The Concept and Content of Regulatory Prescription in the Special Part of Criminal Law." Russian Journal of Criminology 16, no. 1 (March 11, 2022): 82–90. http://dx.doi.org/10.17150/2500-4255.2022.16(1).82-90.
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The questions of the internal structure and system of the special part of criminal law remain relevant in spite of a large number of scientific works on this topic. One of the complicated theoretical questions is the characteristics of the initial element of the branch of law’s system in criminal law. Scholars suggest using either the legal norm or the regulatory prescription as such an element. The discussion of their correlation is of much significance within the framework of the positivist theory of law. The author supports the ideas of the logical model of correlation between the norm and the prescription and claims that the criminal law norm, as a holistic rule of behavior determining the rights and liabilities of the participants of criminal law relations, consists of several regulatory prescriptions. From this position, the norm is a logical form of expressing some aggregate of regulatory legal prescriptions. The regulatory prescription of the special part of criminal law is the core determining the contents and structure of the criminal law norm. A significant theoretical issue is the correlation between the regulatory prescription and the text of the criminal law article. Using the logical categories of «concept» and «proposition», the author proves that criminal law prescription of the special part is not to be equated with the text of criminal law because their relationship is that of content and form. The logical form for the expression of a prescription is a separate sentence in the text of the Criminal Code’ Article, a proposition that expresses a complete legislative thought. The contents of the regulatory prescription of the special part of criminal law consist in establishing the grounds and limits of using measures of criminal law reaction against persons who committed crimes. The structure of such prescriptions includes the hypothesis that defines characteristic features of specific crimes, and the disposition that described the degree to which the state is free to decide on the choice of the type and amount of punishment that can be imposed on the guilty person. In order to observe the constitutional rules of formulating the criminal law prohibition and ensuring the logical norms of their expression in the text of the law, the author proves the necessity of phasing out the use of simple dispositions and the repetition of the title of the crime in the disposition.
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Handayani, Tutut Suciati. "Comparative Criminal Law Policy Positives With Foreign Countries In The Criminal Law Prosecuting Perpetrators Of Criminal Acts Of A Child In Indonesia." Jurnal Daulat Hukum 1, no. 2 (June 5, 2018): 337. http://dx.doi.org/10.30659/jdh.v1i2.3270.
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In this study the issues to be discussed are: the policy positive criminal law in the prosecution of perpetrators of criminal acts of a child, criminal law policy of foreign countries in the prosecution of perpetrators of criminal acts of children and the barriers prosecutor in carrying out the task of prosecuting perpetrators of criminal acts of child and how the efforts countermeasures. The research method that will be used is the juridical sociological approach. In order to obtain primary data and secondary data that is accurate to the writing of this study, the data collection by means of a literature study to find materials relating to the principles and rules of law relating to criminal procedure law and the criminal justice system of children. Based on the results of this research is still fragmented between the investigator and the prosecutor so that ultimately the criminal justice system is not optimal child be a solution to cope with the child as a criminal. The issue of children as criminals not only be approached only by using purely legal approach, but also must use the instrument of social and economic approaches. That in conducting the prosecution against children, public prosecutors are often encountered problems due to its law system, the apparatus structure and legal culture. therefore it is necessary for the reconstruction of the criminal justice system of Indonesia, so it can be used as a reference for events that are special laws such as the juvenile justice system.Keywords: Comparative, Policy, Criminal Law.
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Avdeev, Vadim A., and Olga A. Avdeeva. "Careless crime: state, dynamics, measures of general and special counteraction." Yugra State University Bulletin 15, no. 3 (January 11, 2020): 17–25. http://dx.doi.org/10.17816/byusu2019317-25.
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The subject of the study is careless crime, taking into account the implemented national criminal law policy. The aim of the study is to investigate the scientific understanding, content and types of careless crime. Attention is focused on the state, dynamics of careless crime, measures of General and special counteraction to the specified social and legal phenomenon. The methodological basis of counteraction measures is formed by a set of General scientific and private scientific methods, which allowed to investigate the process of novelization of criminal legislation and its implementation at the law enforcement level.
The main results of the study reflect the problems of prevention, prevention, General and special counteraction to careless crime, affecting the effectiveness of the implementation of the mechanism of criminal law regulation of social relations associated with crimes committed by carelessness or negligence. Conclusions concerning types of careless crime, its specific weight, the personality of the careless criminal, including scientific substantiation of the General and special counteraction measures are formulated.
The scientific and practical validity of legislative processes is noted as the defining problem. The problems of implementation of the criminal law in the context of increasing rates of careless crime, actualizing the practice-oriented measures of counteraction, based on the state, structure, dynamics of the development of this social and legal phenomenon. Attention is focused on strengthening the sanctions of criminal law norms regulating increased responsibility for certain types of careless crimes, which in fact do not affect the reduction of criminal tension in the sphere of careless crime. The problematic issues of improving the quality of the criminal law and other normative legal acts providing prevention, prevention and counteraction to careless crimes are revealed. The focus is on improving the quality of activities of state authorities, self-government bodies and civil society institutions, increasing the level of control.
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Golenko, D. V. "Development trends of the Special part of the Criminal Code of the Russian Federation." Juridical Journal of Samara University 7, no. 4 (April 11, 2022): 26–29. http://dx.doi.org/10.18287/2542-047x-2021-7-4-26-29.
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There are two trends in the development of the Special Part of the Criminal Code of Russian Federation: stability and variability (dynamism). According to the author of the article, the first trend is confirmed by the fact that during the twenty-five years of operation of the domestic codified criminal law, the legislator has not changed the number and titles of sections and chapters of its Special Part. The preservation of the basic framework of the Special part of the Criminal Code of Russian Federation is a positive trend. Until a unified concept of criminal law reform has been developed, changing the structure of a Special Part with the transformation of enlarged structural (sections and chapters) can completely destroy the already fragile system of criminal law. The second trend is variability (dynamism) The special part of the Criminal Code of Russian Federation is expressed in the incessant correction of the content and number of its articles. Making changes during the validity period of the Code is the norm, if it does not violate its systems and concepts. Chaotic and scientifically unjustified transformations of a Special part entail problems in the regulation of public relations, difficulties in the application of articles. Changes are necessary, but they must meet the general concept of the criminal law and be scientifically sound.
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Karavaeva, Iulia S. "Criminological and legal value of the highest position in the criminal hierarchy as characteristics of the social status of the subject of the crime and the personality of the criminal." Russian Journal of Legal Studies (Moscow) 7, no. 3 (February 1, 2021): 64–71. http://dx.doi.org/10.17816/rjls33798.
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The appearance of article 210.1 in the criminal law caused an active discussion in the scientific community and many critical comments. Supporting the idea of the legislator about the need to strengthen the fight against organized crime by criminal legal means, the author notes the failure of the wording used in this norm, the complexity of its practical application, and the violation of the fundamental principles of legality, justice, and guilt. These criticisms are analyzed using the criminal legal approach, which allows projecting the provisions of the criminal law on the criminological plane. Thus, the highest position in the criminal hierarchy, being a special feature of crime, characterizes its social status within the framework of criminal interactions. In addition, the status and role characteristics of the subject have the value of the criminals personal characteristics. Given the criminological doctrine of the criminal, the author formulates the concept of the individual special subject of the crime as a specific sociocriminological personality type characterized, as a rule, a high degree of public danger, which is based on the relationship between the social status and role of the offender with criminal threats, a wide range of victimization, criminal commitment, legal nihilism, and capabilities and skills to counteract the preliminary investigation. In support of this definition, the author analyzes the features of the sociodemographic and value-normative subsystems of the personality of a special subject of crime and argues for the relationship with the personality of the criminal as a private with a general one. Justifying the typologization of the personality of a special subject of crime into socialized and non-socialized types, the author refers to the second person who occupies the highest position in the criminal hierarchy.
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Menshikova, A. G., and E. I. Dumanskaya. "THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT." Russian Family Doctor, no. 1 (December 15, 2020): 53–61. http://dx.doi.org/10.17816/rfd10679.
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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.
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Menshikova, A. G., and E. I. Dumanskaya. "THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT." Russian Family Doctor, no. 1 (December 15, 2020): 53–61. http://dx.doi.org/10.17816/rfd10711.
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The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.
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Menshikova, A. G., and E. I. Dumanskaya. "THE FORMATION OF SPECIAL RIGIDITYAS A THEORETICAL AND LEGAL CONCEPT." Yugra State University Bulletin 16, no. 1 (December 15, 2020): 53–61. http://dx.doi.org/10.17816/byusu20200153-61.
Full textAbstract:
The article provides a historical analysis of the legislative consolidation of the sign of «special cruelty» and related categories. The legal role of this feature at different stages of the formation of criminal law is determined. The authors consider scientific ideas regarding the interpretation of the concepts of «special cruelty», «torture», «torture» and other forms of cruel behavior in the doctrine of criminal law and law enforcement practice of the pre-revolutionary and Soviet periods. In conclusion, the continuity of the norms of the current criminal law in the application and determination of the sign of «special cruelty» is revealed, similar features and significant differences are determined.
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Kochoi, S. M. "Anti-terrorist Law as a Complex Branch of law and as a Sub-Branch of Criminal Law." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 10 (January 10, 2023): 143–49. http://dx.doi.org/10.17803/2311-5998.2022.98.10.143-149.
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The article offers an analysis of the discussion questions about the branches and system of Russian law. The grounds or criteria for the allocation of a sub-branch of criminal law are proposed to recognize the presence of: international norms that form the basis for cooperation in countering a certain group of homogeneous crimes; the corresponding profile federal law on countering them; a relatively large number of norms in both the General and Special parts of the Criminal Code of the Russian Federation devoted to this group of crimes; contradictory provisions contained in the norms of the Criminal Code of the Russian Federation and the relevant law, which requires their study in aggregate, within one sub-sector, and not within different branches of law. Based on this, the paper proves that the criteria for recognition as a sub-branch of domestic criminal law fully correspond to criminal anti-terrorist law.
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Baranova, M. A. "Law, Legislator, Practice: Some Judgments on the Effectiveness of Certain Truncated Criminal Proceedings." Pravo: istoriya i sovremennost', no. 3(12) (2020): 110–23. http://dx.doi.org/10.17277/pravo.2020.03.pp.110-123.
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The article examines the compromise model of building criminal proceedings in Russia on the example of special proceedings provided for in Chapters 40 and 40.1 of the Criminal Procedure Code of the Russian Federation. The dynamics of their application, emerging practical difficulties and incidents are monitored. The prospect of further use of special proceedings in criminal cases of serious and especially serious crimes is considered. Based on the analysis of specific criminal cases, it is proved that a significant reduction in the amount of punishment “guaranteed” by these proceedings is a legal fiction. Multiple negative features of their implementation are considered. The author substantiates the opinion that a special procedure for considering criminal cases for all serious and especially serious crimes, regardless of the forms of post-criminal behavior of the accused, is inadmissible.
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Larina, Lyubov’ Yu. "System of criminal law norms ensuring transport safety." Vestnik of Kostroma State University, no. 4 (2019): 156–60. http://dx.doi.org/10.34216/1998-0817-2019-25-4-156-160.
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The article carried out the analysis and systematisation of the criminal law provisions aimed at ensuring transport safety. The author draws attention to the fact that such norms are contained in both the General and the Special parts of the criminal code. The article analyses various concepts of transport security for the possibility or impossibility of their use in criminal law. It is argued that the norms of the Special part of the criminal code can be divided into two groups – regulating crimes in which transport security or its components are included in the main direct object; and regulatory crimes in which transport security or its components are included in an additional direct object (mandatory or optional). The article substantiates the allocation of "related" crimes that indirectly affect transport security. Keywords: transport security, criminal liability, crime, object of crime, vehicles, transport infrastructure.
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Gorbenkova, Alena S., and Svetlana G. Salmina. "REMEDIAL LAW IN RELATION TO MEDIATION." Yugra State University Bulletin 13, no. 1-2 (March 15, 2017): 93–96. http://dx.doi.org/10.17816/byusu2017131-293-96.
Full textAbstract:
The article considers some topical issues of development of mediation with participation of facilitator in criminal proceedings. Special attention is paid to aspects of implementation of mediation in this area. The authors suggest that you should consider when using mediation in criminal proceedings.