scholarly journals The essence of the object of criminal law protection the structures of dopping crimes

2021 ◽  
Vol 17 (2) ◽  
pp. 23-30
Author(s):  
Daria V. Titlova
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Protection ◽  
Synthesis System ◽  
Scientific Methods ◽  
Medical Products ◽  
General Scientific ◽  
The Will ◽  
The Subject

The subject of the scientific research is social relations, arising in the process of preparation and participation of the athlete in competitions at the international, Russian and regional levels. The purpose of the research identify the limits of criminal legal protection of social relations in the sphere of sports, related to the consumption of medical products of stimulating and other effects on the human body. Methods and objects of research. The presented work uses general scientific and private scientific methods of cognition, the main of which is: dialectical, formal logical, analysis, synthesis, system-structuraland etс. The object of the research is represented by a complex of relations in the field of sports, the peculiarities of establishing prohibition on the consumption of doping drugs, as well as criminal liability for its violation. The results and conclusions of the research are boils down to the need for systematization and meaningful correction of criminal law norms on liability for declination of the victim to consume drugs that have a stimulating and other effect, and using these drugs against or besides the will of the athlete-victim.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

scholarly journals The development of customs law in the scope of Eurasian integration

2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina
Keyword(s):  
Public Relations ◽  
International Law ◽  
Social Relations ◽  
Administrative Law ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Russian Law ◽  
The Relationship ◽  
Further Development

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals Epistemological issues of research of the subject and object of legal protection in genomic relations

2021 ◽  
Vol 25 (4) ◽  
pp. 872-887
Author(s):  
Anastasiya E. Semyonovikh
Keyword(s):  
Technological Development ◽  
Legal Protection ◽  
Scientific Rationality ◽  
Scientific Methods ◽  
Philosophical Foundations ◽  
Legal Relationship ◽  
Analysis And Synthesis ◽  
Genetic Technologies ◽  
General Scientific ◽  
The Subject

The relevance of the research topic is justified by the rapid technological development of genetics and genomics and introduction of genetic technologies and inventions in scientific and medical practice, which is not provided with a proper systematized legal protection in national and international legislation. The legislators problems are caused by the uniqueness and complexity of the genomic legal relationship. The subjects of knowledge in the framework of post-non-classical scientific rationality need to focus on the epistemological philosophical foundations of the knowledge of genomic legal relations. The purpose of the study is to identify and reflect the features of knowledge of the legal protection of genomic legal relations. Research tasks suggest defining the concept and composition of genomic legal relations, identifying the object and subject of legal protection of genomic legal relations, distinguishing between the concepts of "legal safeguard" and "legal protection" of genomic legal relations. The methodology of scientific research includes the dialectical method, general scientific logical operations (deduction and induction, analysis and synthesis), and private scientific methods (formal legal and comparative legal methods). Within the framework of the methodology of post-non-classical scientific rationality, a systematic approach to the study of the object of knowledge is used - the study of the structure, functional and instrumental aspects of the protective genomic legal relationship.

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

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.

scholarly journals FEATURES OF CRIMINAL LIABILITY OF A MEDICAL PROFESSIONAL FOR FAILURE TO PERFORM OR IMPROPER PERFORMANCE OF THEIR PROFESSIONAL DUTIES IN UKRAINE

2020 ◽  
Vol 73 (11) ◽  
pp. 2549-2554
Author(s):  
Olha S. Bondarenko ◽  
Oleg М. Reznik ◽  
Mykhailo O. Dumchikov ◽  
Nadiia S. Horobets
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Medical Professional ◽  
Medical Worker ◽  
Scientific Methods ◽  
Special Scientific ◽  
Research Goal ◽  
General Scientific

The aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker.That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.

scholarly journals Careless crime: state, dynamics, measures of general and special counteraction

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
Vadim A. Avdeev ◽  
Olga A. Avdeeva
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Specific Weight ◽  
The State ◽  
Scientific Methods ◽  
General Scientific ◽  
Scientific Substantiation ◽  
Criminal Legislation ◽  
Legislative Processes

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.

scholarly journals CONFLICT OF CRIMINAL LAWS: ANALYTICAL ASPECT

2016 ◽  
pp. 0-0
Author(s):  
Кирилл Цай ◽  
Kirill Tsay
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Regulation System ◽  
Special Role ◽  
Scientific Methods ◽  
Current State ◽  
Criminal Statute ◽  
Scope Of Application ◽  
General Scientific ◽  
The Moment

The article considers the institute of operation of a criminal statute in space and by personal scope of application through the prism of conflict regulation. Social relations, established due to the operation of the criminal statute in space and by personal scope of application, as well as the moment of collision between criminal law jurisdictions of different states are the object of the research. The subject matter of the research is: criminal codes of Russia and foreign states, international agreements of a jurisdictional nature. The author pays special attention to jurisdictional rules of the domestic law. In this paper the author uses the following research methods: dialectic, inductive, deductive, and other general scientific and specific scientific methods and ways of scientific knowledge. Special role is assigned to comparative law analysis. The author puts together a doctrine, based on the fundamental principles of the conflicts of laws for the purpose of creating a regulation system for criminal law jurisdictional conflicts. The article covers fundamental principles of the proposed doctrine, considers the structure of the conflicts of law rules and analyzes the current state of legislative regulation of criminal law jurisdiction. The author carries out a detailed comparative analysis of criminal laws in order to determine the most wide spread variants of regulation of criminal law jurisdiction, and proposes recommendations for legislative recognition of the territorial scope of validity of a criminal statute.

scholarly journals Criminal law policy of countering animal cruelty:a comparative study

2021 ◽  
Vol 17 (4) ◽  
pp. 129-139
Author(s):  
Andrey Yu. Aseev ◽  
Elena I. Chekmezova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Western Europe ◽  
Criminal Liability ◽  
The United States ◽  
Animal Abuse ◽  
Effective Protection ◽  
Foreign Countries ◽  
The Subject

The subject of the research is the phenomenon of criminal law protection of animals from abuse. The purpose of the research is to provide likely analysis of the experience of establishing criminal liability for animal abuse in the post-Soviet countries, Western Europe and the United States. The methodological basis of the research consists of comparative legal, formal legal and systematic methods. In the course of the research, the specifics of the construction of criminal law norms providing for liability for animal abuse in foreign countries are determined. The focal points of the criminal law policy of countering animal cruelty in the sphere of criminalization of acts encroaching on public relations in the field of animal welfare are considered. The authors substantiate the possibility of assimilation into the Russian criminal law of a number of provisions of the criminal laws of foreign countries in terms of establishing liability for encroachment on the life of animals in order to ensure effective protection of social relations from negative development in the field of animal treatment.

Sign in / Sign up

Export Citation Format

Share Document