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Journal articles on the topic 'Circumstances excluding Criminal Liability'

Author: Grafiati

Published: 28 June 2021

Last updated: 29 July 2025

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1

Ter‑Ovakimyan, A. A., and M. S. Kruglova. "Circumstances excluding criminal liability of medical workers." Medical alphabet 1, no. 27 (2022): 88–89. http://dx.doi.org/10.33667/2078-5631-2022-27-88-89.

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2

Lyapin, Dmitry. "Legal nature of lawful use of weapons as a circumstance excluding criminality of an act." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2022, no. 3 (2022): 86–92. http://dx.doi.org/10.35750/2071-8284-2022-3-86-92.

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The article examines the lawful use of weapons as an independent circumstance that excludes the criminality of the act. This approach is not traditional for domestic criminal law science, and therefore the research topic is characterized by a low degree of elaboration, which determines its relevance. The purpose of the study is to analyze the legal nature of the lawful use of weapons as an independent circumstance that excludes the criminality of the act. The methodological basis is: comparative legal method, method of formal logic, interpretation of legal norms. The article formul

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3

Kursaev, Aleksandr. "Circumstances excluding criminal liability for nonpayment of wages." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 2 (2020): 123–30. http://dx.doi.org/10.35750/2071-8284-2020-2-123-130.

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Relevance of the research topic. The criminal code of the Russian Federation establishes criminal liability for non-payment of wages (article 1451). Liability under this rule occurs only if the employer has the actual ability to make payment of wages. In this regard, the author analyzes situations that may indicate the absence of such a possibility, and their significance in the qualification of the crime, based on the study of judicial and investigative practice. Problem statement. In science, there is no unity of views regarding the qualification of situations in which the perpetrator does n

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Rizayeva, Dana, and Ammar Manna. "Circumstances excluding criminal liability under the criminal law of the Muslim countries." E3S Web of Conferences 135 (2019): 04071. http://dx.doi.org/10.1051/e3sconf/201913504071.

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In Islamic criminal law there are no institutions the general part, in that connection, it shared the list of circumstances that exclude the criminality of an Act, not developed. In Islamic criminal law, such circumstances, according to the analysis of some of his sources are not reaching the age of responsibility, a State of insanity, mislead, commit a crime under duress, self-defense, urgency, as well as remorse. The article is devoted to the characterization of the circumstances excluding criminal liability under the criminal law of the Muslim countries professing the Anglo-Saxon system of

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Ataniyazov, Jasurbek Kurbanbaevich. "LEGAL REGULATION OF EXEMPTION FROM CRIMINAL LIABILITY." EURASIAN JOURNAL OF LAW, FINANCE AND APPLIED SCIENCES 3, Special Issue (2023): 197–204. https://doi.org/10.5281/zenodo.8166579.

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This article examines the emergence of exemption from criminal liability in the legal aspect, what is the expression of an action or omission regarded as a criminal act, which aspects are covered by the material basis of criminal liability, procedural mechanisms for the release of persons from criminal liability, legal regulation of circumstances excluding proceedings, refusal to initiate criminal proceedings, termination of criminal proceedings cases, etc. concepts have been researched in practice. The article also provides other types of exemption from criminal liability in developed foreign

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6

Kochoi, S. M. "Complete and Voluntary Abandonment of the Criminal Purpose in the Notes to the Articles of the Criminal Code of the Russian Federation on Terrorist Crimes: Grounds for Application." Lex Russica 77, no. 6 (2024): 69–82. http://dx.doi.org/10.17803/1729-5920.2024.211.6.069-082.

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The norms of the Criminal Code of the Russian Federation on exemption from criminal liability or noninvolvement therein are an important tool for countering crimes in general. The relevant norms contained in the notes to the articles of the Criminal Code of the Russian Federation providing for liability for terrorist crimes are no exception. Of the articles of the Criminal Code of the Russian Federation providing for liability for terrorist crimes, the relevant notes are given to Articles 205–206 and 208. However, the effective use of the possibilities contained in the listed articles may be h

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7

Valeva, Iveta. "Punishability of the Act and Punishability of the Perpetrator." De Jure 13, no. 2 (2022): 399–405. http://dx.doi.org/10.54664/vnnw9640.

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This article traces the relationship between the punishability of the act and the criminal responsibility of the perpetrator. An attempt has been made to distinguish the circumstances excluding the punishability of the act and those exempting the perpetrator from responsibility. Because it matters whether the perpetrator is not punished since the act itself is not punishable, or whether he/she is not punished because of a circumstance that appeared later, and that exempts him/her from responsibility. In the first case, it is an unpunishable act that is not capable of giving rise to criminal li

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8

Грушин, Ф. В., and И. Е. Теренков. "RELATIONSHIP OF NECESSARY DEFENSE AND OTHER CIRCUMSTANCES EXCLUDING THE CRIMINALITY OF THE ACT." Vestnik Samarskogo iuridicheskogo instituta, no. 1(57) (April 12, 2024): 32–36. http://dx.doi.org/10.37523/sui.2024.57.1.005.

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Статья посвящена изучению обстоятельств, исключающих преступность деяния и наказуемость за их совершение. Данные обстоятельства включены законодателем в перечень гл. 8 Уголовного кодекса Российской Федерации и по внешним признакам схожи с преступными деяниями, но на самом деле таковыми не являются. Анализируется соотношение необходимой обороны с такими обстоятельствами, содержащимся в вышеуказанной главе, как задержание лица, совершившего преступление, крайняя необходимость, физическое или психическое принуждение, обоснованный риск, исполнение приказа или распоряжения. Данный анализ направлен

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9

Sobko, H. M. "Mental violence in the form of forced as circumstances, excluding criminal liability." State and Regions. Series: Law 4 (2019): 141–45. http://dx.doi.org/10.32840/1813-338x-2019-4-24.

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10

Rizayeva, Dana E. "General Characteristics of the Circumstances Excluding Criminal Liability under the Criminal Law of Muslim Countries Practicing the Anglo-Saxon Law." International Journal of Psychosocial Rehabilitation 24, no. 5 (2020): 4697–703. http://dx.doi.org/10.37200/ijpr/v24i5/pr2020183.

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Tarapata, Szymon, and Piotr Zakrzewski. "O funkcjach urojenia okoliczności wyłączających bezprawność. Wybrane zagadnienia teoretycznoprawne." Nowa Kodyfikacja Prawa Karnego 43 (May 16, 2017): 549–66. http://dx.doi.org/10.19195/2084-5065.43.32.

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On the functions of delusion as to the circumstances excluding unlawfulness. Selected theoretical aspectsIt has been established in this paper that delusion as to the circumstances excluding unlawfulness has three different functions in the structure of criminal liability premises. Firstly, it may exclude unlawfulness, which takes place in a situation where a perpetrator had no chance to realise that in reality the objective elements of unlawfulness exclusion had become real. Secondly, if the perpetrator erroneously stated that he was acting under the exclusion of unlawfulness while it was onl

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Mikołajczuk, Krzysztof. "Criminal Liability of People With Mental Disorders: Selected Issues." Journal for Perspectives of Economic Political and Social Integration 28, no. 1 (2022): 7–29. http://dx.doi.org/10.18290/pepsi-2022-0001.

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The issue of criminal liability in different legal systems and of the perpetrator’s sanity and mental disorders, has received much attention of researchers from different scientific disciplines. Of many important aspects relevant to this topic, the paper addresses only some, which are related to two legal orders. The first part of the article focuses on the circumstances that exclude and mitigate culpability under Polish criminal law. The author examines the problem of insanity referring to the ways in which insanity is determined and enumerating sources of insanity. Then, the legal consequenc

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Chernyshev, Dmitrij, and Karina Karymova. "The murder of enemy soldiers by military personnel during combat operations: problems of qualification and exemption from criminal liability." Man: crime and punishment 31, no. 2 (2023): 249–56. http://dx.doi.org/10.33463/2687-1238.2023.31(1-4).2.249-256.

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The problems of criminal legal assessment of military personnel's actions related to causing harm during hostilities, regulated by international law, are not fully implemented in the Russian legal system. In particular, there are no norms in Chapter 8 of the Criminal Code of the Russian Federation that exclude the criminality of an act related to the murder of enemy army soldiers during an armed conflict. The article substantiates the need to classify these actions as socially useful, and their inclusion in the list of circumstances excluding criminal liability.

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Nawrocki, Mariusz. "O możliwych prawnokarnych konsekwencjach błędu po stronie wyrażającego zgodę na naruszenie dobra." Prawo w Działaniu 39 (2019): 125–38. http://dx.doi.org/10.32041/pwd.3904.

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The consent of the disposer of legal interests appears in criminal law primarily as an extra-statutory circumstance excluding unlawfulness. Consent of this kind is to exclude criminal liability on the part of the entity that infringes an interest protected by law with the permission of its disposer. Existing papers in the field of criminal studies focused only on this section of criminal liability. Therefore, it is worthwhile to look at the other side of this relationship, namely the possible liability of the entity consenting to a violation of the legally protected interest. And although it m

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15

Dorogin, D. A. "Performance of a Special Task (Operational Implementation) as a Circumstance Excluding Criminal Liability." RUSSIAN JUSTICE 7 (July 2019): 57–68. http://dx.doi.org/10.17238/issn2072-909x.2019.7.57-68.

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16

Hirsnik, Erkki, and Marje Allikmets. "Restraining at Care Institutions Evaluated from the Standpoint of Penal Law." Juridica International 27 (September 30, 2018): 129–57. http://dx.doi.org/10.12697/ji.2018.27.13.

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The connection of restraining measures and necessary elements of a criminal offence may be twofold. First, restraining measures can correspond to actions described in legal provisions of the special part of the Penal Code. It means that the restraining person could be charged under criminal law. Secondly however, it needs to be noted that in some cases, liability under criminal law may follow when restraining measures are not being used - a person may become liable for committing a crime by failing to act. Thus, the job of a caretaker involves a high level of responsibility and danger in the s

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17

Cygankov, Aleksandr, and Maxim Strebkov. "THE AFFECT OF PREGNANCY AS A CIRCUMSTANCE EXCLUDING CRIMINAL LIABILITY: REFLECTION OF F. M. DOSTOEVSKY'S IDEA OF «THE KORNILOVA CASE»." Man: crime and punishment 33, no. 1 (2025): 62–71. https://doi.org/10.33463/2687-1238.2025.33(1-4).1.062-071.

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The purpose of the article is to study the so-called affect of pregnancy, which, according to the authors, can serve as a basis for excluding criminal liability. The article examines the legal nature of the affect of pregnancy as a criminal legal concept, analyzes the possibility of mental disorders in pregnant women, and the impact of such a condition on human behavior. A high-profile criminal case from Russian history, which was made public by Fyodor Mikhailovich Dostoevsky, is being considered as a practical retrospective case. In his work, the famous Russian writer examines the totality of

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18

Borkov, Viktor. "Victim of operational provocation or criminal?" Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2020, no. 2 (2020): 111–16. http://dx.doi.org/10.35750/2071-8284-2020-2-111-116.

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The article discusses the urgent, not regulated by the criminal law, problem of qualifying the actions of the person who committed the crime as a result of the provocative actions of law enforcement officials. Attention is drawn to the absence in theory and judicial practice of a consistent scientific and legal justification for the release of persons provoked to a crime from criminal liability. An “encroachment” committed as a result of a “police provocation” is considered taking into account the institutions of complicity, involvement and inducement to commit a crime. The author examines the

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19

Mishchuk, Mykola. "Features of responsibility for criminal offenses during martial law in Ukraine: a legislative review 2022-2023." Visegrad Journal on Human Rights, no. 5 (December 29, 2023): 34–44. http://dx.doi.org/10.61345/1339-7915.2023.5.5.

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The article is devoted to the review of the legal regulation of criminal liability for the criminal offenses committed during the martial law and the state of emergency in connection with the armed aggression of the Russian Federation, which has escalated into a full-scale war since February 24, 2022. The author examines a package of criminal legal acts which regulate a number of issues related to enhancing criminal liability of criminal law subjects during the martial law. It was found that the introduction of martial law and the state of emergency has its own specific regulations, whic

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20

Ponyatovskaya, Tat'yana, and Aleksandr Kayshev. "Criminal Law Categories and Institutions: Correlation of Concepts and Functions." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2022, no. 2 (2022): 148–53. http://dx.doi.org/10.21603/2542-1840-2022-6-2-148-153.

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The article deals with such concepts of criminal law as crime, punishment, and responsibility, their distinctive features, and their correlation with criminal law institutions. The authors believe that the categories of criminal law express its political foundations. However, without criminal law institutions, these categories would remain only legal symbols, and the political foundations would be empty declarations with no practical significance for each specific case of crime and punishment. The institutions of criminal law serve as criteria for assessing the legal significance of various fa

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21

Cegliński, Paweł. "Zarys problematyki wyłączenia odpowiedzialności karnej sprawcy wypadku sportowego / Exclusion of criminal liability of sports participants for sport injuries." Quality in Sport 4, no. 2015 (2015): 46–53. https://doi.org/10.5281/zenodo.44568.

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<strong>Streszczenie</strong>                 Niniejszy artykuł dotyczy jednego z wielu problemów prawa karnego, którym jest odpowiedzialność karna sprawcy wypadku sportowego. Wywód oparto na najpowszechniej aprobowanej w nauce i praktyce koncepcji kontratypu dozwolonego ryzyka sportowego. W badaniach posłużono się metodą studiowania i analizy polskiej literatury przedmiotu. Rozważania teoretyczne uzupełniono przykładami empirycznymi.   <strong>Słowa kluczowe:</strong> wypadek sportowy, prawo k

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22

Musil, Jan. "Respektuje český zákonodárce princip subsidiarity trestní represe?" AUC IURIDICA 53, no. 2 (2025): 25–38. https://doi.org/10.14712/23366478.2024.109.

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In this article the author expresses the conviction that it is necessary to continue to uphold the principle of subsidiarity of penal repression (other terms used are “the subsidiarity role of criminal law”, “the limitation of criminal law” or “the ultima ratio principle”), no matter how ambiguous the hitherto development of the Czech Republic’s criminal policy may have been. To assess the level of country’s criminal law repressiveness, we especially need to look at the scope of criminalization, i.e. the range of anti- social conduct against which the state applies criminal sanctions. Further

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Stetsyuk, Serhiy Serhiyovych. "Problems of Application by the Courts of Ukraine of Article 431 «Fulfilment of the Duty to Protect the Motherland, Independence and Territorial Integrity of Ukraine» of the Criminal Code of U." Alʹmanah prava, no. 15 (September 1, 2024): 613–19. https://doi.org/10.33663/2524-017x-2024-15-613-619.

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The article highlights the problem of application of Article 431 «Fulfilment of the duty to protect the Motherland, Independence and Territorial Integrity of Ukraine» of the Criminal Code of Ukraine. It is stated that there is no uniform approach in the court practice as to when the actions of Ukrainian citizens are considered to be aimed at repulsing and deterring the armed aggression of the Russian Federation or the aggression of another country. When it comes to establishing the signs of this circumstance, which excludes the criminal unlawfulness of an act, in the case of accusing a citizen

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Kvasha, Oksana, and Anna Andrusiak. "Criminal liability of commanders for giving criminal orders on violation of laws and customs of war in the context of Russia's war against Ukraine." Slovo of the National School of Judges of Ukraine, no. 3(44) (December 21, 2023): 110–25. http://dx.doi.org/10.37566/2707-6849-2023-3(44)-10.

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The article examines the issue of criminal liability for commanders' orders to violate the laws and customs of war in the context of Russia's war against Ukraine. The author establishes that criminal liability in this case is based on the command responsibility concept of the sources of international humanitarian law. It is proposed that Article 438 (1) of the Criminal Code of Ukraine should provide for liability not only for giving an order or instruction to violate the laws or customs of war, but also for the failure of a superior who became aware of such violations by his subordinates to ta

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Korableva, Svetlana Yu. "The Impact of Factual Errors on the Assessment of Criminal Guilt and the Qualification of Crimes." Journal of Russian Law 28, no. 2 (2024): 79. http://dx.doi.org/10.61205/jrp.2024.2.4.

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The essence of a criminal law error lies in a person&apos;s delusion about objective signs or illegality of an act. The usual rule says that the mere belief that certain behavior is not punishable should not exempt from criminal liability (ignorantia juris nocet). But sometimes a mistake can really seriously change the content of a person&apos;s guilt. In cases where the accused refers to a misunderstanding or ignorance of certain facts, his words should not be thoughtlessly rejected. Proper refutation of the statements of the accused is an essential part of both the principle of presu

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Andrusiak, Hanna. "Necessary defense against domestic violence: setting the problem." Slovo of the National School of Judges of Ukraine, no. 3(48) (December 18, 2024): 87–99. https://doi.org/10.37566/2707-6849-2024-3(48)-7.

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The article explores the problem of the emergence of the state of necessary defense in the victim of domestic violence. It is proved that cumulative domestic violence as a whole, and not its individual episodes, should be evaluated in order to objectively establish whether the victim of domestic violence was in a state of necessary defense. The last episode of domestic violence, which completes the line of behavior of the offender, due to his discriminatory attitude towards the victim in order to maintain a dominant position in relation to the victim, is only one of the similar manifestations

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Smirnov, Alexander М. "Foreign experience in legal regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 144–54. http://dx.doi.org/10.21638/spbu14.2021.110.

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The article describes the provisions of the sources of criminal law of some foreign countries regarding the regulation of extrajudicial forms of protection of an individual’s rights and freedoms, excluding the criminality of the act. The author refers to these forms as a necessary defense, causing harm to the person who committed the crime, and extreme necessity. The article discusses the possibility of implementing the provisions of these sources in Russian criminal law to improve the state response to the implementation of these forms. The author comes to the conclusion that the most positiv

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Pogorleckaya, I. I. "Public Law of Moldova in the 16th – 17th Centuries." Proceedings of Southwest State University. Series: History and Law 13, no. 4 (2023): 22–33. http://dx.doi.org/10.21869/2223-1501-2023-13-4-22-33.

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Relevance. The public legal relations of Moldova in the 16th-17th centuries continue to develop against the backdrop of legislative processes and the adoption of the Code of 1646 - the first monument of Moldovan law. The adoption of the Code marked a new stage in the development of public law in general, the areas of legal proceedings and criminal law in particular. Despite the fact that the Code of 1646 contained norms and institutions that were progressive for their time, it consolidated the tendency to toughen criminal liability for crimes against the backdrop of an intensified class strugg

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Kushch, Oleksii Ye. "ON THE ISSUE OF REPEAL OF AN ACT ESTABLISHING ADMINISTRATIVE LIABILITY AS A CIRCUMSTANCES EXCLUDING PROCEEDINGS IN THE CASE OF AN ADMINISTRATIVE OFFENSE." Poltava law review, no. 1 (November 20, 2023): 89–100. http://dx.doi.org/10.21564/2786-7811.1.290477.

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The article is devoted to problematic issues of the application of one of the circumstances that exclude proceedings in cases of administrative offenses, namely, the cancellation of the act that establishes administrative responsibility (clause 6, part 1 of article 247 of the Code of Administrative Offenses). The extreme importance of proper and clear settlement of all circumstances that exclude proceedings in cases of administrative offenses is emphasized, because their application entails the impossibility of starting such proceedings or closing the initiated proceedings. We interpret

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Dvorzhitskaya, Marina A., and Elena A. Pisarevskaya. "Touching a Socially Dangerous Act: Legislative Regulation and Practice." Rossijskoe pravosudie, no. 11 (October 17, 2024): 57–64. http://dx.doi.org/10.37399/issn2072-909x.2024.11.57-64.

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The article is dedicated to the research of the correctness and validity of the legislative regulation of implication to a socially dangerous act. The authors note that one of the currently existing theoretical and practical problems is the presence in law enforcement practice of cases of attraction persons to criminal responsibility for implication to a socially dangerous act in the absence of a direct indication of this in the current Russian criminal legislation. The purpose of the research was to identify problems existing in theory and law enforcement practice, and to propose ways to solv

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Perekrestov, Vadim, and Andrey Dechert. "Using the Internet as an Aggravating Circumstance: Is It a Civilizational Transformation or Prejudices of the Past?" Legal Concept, no. 1 (March 2023): 63–69. http://dx.doi.org/10.15688/lc.jvolsu.2023.1.9.

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Introduction. The paper discusses the current problems of modern criminal law concerning the introduction of some qualifying features that establish a special way of committing a crime on the Internet. The proposals aimed at introducing a new aggravating circumstance into Part 1 of Article 63 of the Criminal Code of the Russian Federation are substantiated: “the commission of a crime using information and telecommunication networks, including the Internet.” In this regard, the purpose of the study is the analysis of the impact of information technology on the stability of the development of so

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Федотова, Е. Н. "PRIVILEGED COMPOSITIONS OF MURDERS IN RUSSIAN CRIMINAL LEGISLATION: THEORETICAL AND METHODOLOGICAL ANALYSIS." VESTNIK OF THE EAST SIBERIAN INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION, no. 4(107) (December 25, 2023): 276–85. http://dx.doi.org/10.55001/2312-3184.2023.42.71.024.

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Введение. На любом этапе развития общества охране жизни уделяется особое значение, при чем уголовно-правовым средствам охраны, традиционно отводится ведущая роль. Так, структура особенной части Уголовного кодекса Российской Федерации (далее – УК РФ) отражает определенную иерархию ценностей современного общества именно поэтому она начинается с преступлений против жизни, где на ряду с убийством содержится совокупность норм, устанавливающих ответственность за умышленное причинение смерти другому лицу, с учтенными особенными обстоятельства его совершения. Эти нормы устанавливают более мягкую ответ

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Բարսեղյան, Գևորգ, та Գագիկ Ղազինյան. "Իրավաչափ օպերատիվ-հետախուզական միջոցառումների տարանջատումը հանցագործության պրովոկացիայից. Մարդու իրավունքների եվրոպական դատարանի չափանիշները". Bulletin of Yerevan University C: Jurisprudence 15, № 2 (41) (2024): 6–22. https://doi.org/10.46991/bysu.c/2024.15.2.006.

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The aim of this Article is to present a reasoned proposal for the criminalization of provocation of a crime as a result of a detailed study and systematic presentation of the criteria set by the European Court of Human Rights, taking into account the idea of lawful provocation of a crime and its features. To achieve this objective, the Article analyzes the criteria established by the European Court of Human Rights based on the examination of applications submitted to the Court concerning the legality and lawfulness of data obtained through operational-search activities. These criteria allow fo

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Oreshkina, T. Yu. "Successful experience in research of the execution of the law: review of the monograph of D.A. Dorogin «Execution of the law as a circumstance excluding criminal liability»." Rossijskoe pravosudie 4 (March 24, 2020): 100–103. http://dx.doi.org/10.37399/issn2072-909x.2020.4.100-103.

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Janowski, Maciej. "Czas trwania samopomocy legalnej w rozumieniu art. 343 § 2 Kodeksu cywilnego." Prawo w Działaniu 55 (2023): 245–60. http://dx.doi.org/10.32041/pwd.5512.

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The article is devoted to the issue of the time in which the owner of an object can take the so-called legal self-help in order to restore the previous state of ownership pursuant to Article 343 § 2 of the Civil Code, as a result of infringement or loss of possession. In the first place the author discusses the essence of the institution itself, its place among the so-called countertypes, i.e. circumstances excluding criminal liability and the reasons for introducing this institution to the Civil Code, which has remained unchanged since the entry into force of the Act of 23 April 1964 Civil Co

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Smirnova, Marina. "Classification of Force Majeure Circumstances in Civil Law in the Digital Society Period." Journal of Russian Law 28, no. 2 (2024): 152. http://dx.doi.org/10.61205/jrp.2024.2.7.

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The issue of classification of circumstances excluding liability in civil circulation remains practically unexplored. In practice, due to the lack of a clear definition of the concept of “force majeure”, as well as a coherent classification picture, it is not possible to formulate an appropriate reservation on circumstances excluding liability and avoid forced violation of the norms of current legislation.The purpose of the study is to consider the classification of force majeure circumstances, as well as to develop our own classification of circumstances excluding liability. The main task of

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Danilenko, I. A., and N. V. Vasiliev. "The Importance of the Interdisciplinary Nature of the Institution of Exemption from Criminal Liability." Actual Problems of Russian Law 20, no. 2 (2025): 103–10. https://doi.org/10.17803/1994-1471.2025.171.2.103-110.

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The paper, studying several decisions of the Constitutional Court of the Russian Federation, examines the interdisciplinary nature of exemption from criminal liability and the mutual influence of criminal law and criminal procedure legislation on the norms of this institution. Based on practical experience, the legislator currently continues to make changes to this institution. Thus, exemption from criminal liability can be considered as an absolutely independent and separate inter-branch institution, which establishes a direct influence of the inter-branch nature of exemption from criminal li

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Chernenko, Tamara G. "Mitigating circumstances in criminal law: Some problematic issues." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 52 (2024): 80–90. http://dx.doi.org/10.17223/22253513/52/6.

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In the doctrine of criminal law, there has not been an equable understanding of circumstances mitigating punishment, their legal nature, and functional purpose. The author believes that the current name of a mitigating situation in the Criminal Code of the Russian Federation as a situation mitigating only punishment does not reflect its purpose, since these situations are taken into account by the court when choosing other forms of criminal liability. The conclusion about the need to designate these circumstances as circumstances mitigating criminal liability is substantiated. The following de

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Kryshtal, Halyna. "USA TAX INFRINGEMENTS: CIRCUMSTANCES AND CONSEQUENCES." Institute of accounting, control and analysis in the globalization circumstances, no. 3-4 (December 30, 2021): 7–12. http://dx.doi.org/10.35774/ibo2021.03-04.007.

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Introduction. The article reveals the content of the violation of tax legislation. The main types of tax offenses are briefly identified and the essence of the application of sanctions is revealed. The circumstances under which penalties, fines, mitigating circumstances may be imposed and the amount of the sanction revoked / adjusted both in the United States and in Ukraine may be indicated. Methods. The study used general and special methods of cognition: systems analysis and synthesis, structural and functional method, deduction, logical research to reflect significant research results. Resu

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Urazboev, Sardorbek, and Muhammadrashodhon Odilov. "CIRCUMSTANCES AGGRAVATING THE LIABILITY FOR BRIBERY AND SOME ASPECTS OF THEIR QUALIFICATION." Criminology and Criminal Justice 2, no. 2-3 (2022): 36–47. http://dx.doi.org/10.51788/tsul.ccj.2.2-3./wgbv1791.

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The article analyzes liability for bribery in the presence of aggravating circumstances, difficulties in qualifying criminal acts, and their relationship to the circumstances specified in parts 2 and 3 of Articles 210, 211, and 212 of the Criminal Code of the Republic of Uzbekistan. Some aspects of their qualification and differentiation, signs that affect the qualification of cases, significantly increasing the social danger of this type of crime, an increase in liability in the presence of aggravating circumstances when receiving a bribe, giving a bribe, and mediation in bribery, circumstanc

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Gusieva, V. O. "Circumstances to Be Clarified under the Investigation of Interference into Law Enforcement Officer’s Activity." Law and Safety 81, no. 2 (2021): 97–103. http://dx.doi.org/10.32631/pb.2021.2.12.

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The author has substantiated the need to establish the circumstances to be clarified and has determined their significance during the investigation. It has been emphasized that the circumstances to be clarified include the circumstances to be proved in criminal proceedings, criminal and forensic characteristics of a criminal offense. In order to determine the circumstances to be clarified during the investigation of interference in the activities of a law enforcement officer, the author has studied the circumstances to be clarified within the group of criminal offenses related to obstruc

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Švedas, Gintaras. "Significance of the Institute of Release from Criminal Responsibility for the Lithuanian Criminal Policy Gintaras Švedas." Teisė 133 (January 9, 2025): 25–41. https://doi.org/10.15388/teise.2024.133.2.

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Goals of criminal liability can be achieved without imposing a punishment or the actual execution of the punishment imposed on a person who has committed a criminal act. Therefore, modern Lithuanian Criminal Law provides for the following three forms of criminal liability realization: 1) imposition of punishment, 2) release from criminal liability, and 3) suspension of the execution of punishment or release from the execution of punishment. The traditional form of implementing criminal liability recognizes the imposition of punishment (sentencing). In this case, the court that has found a pers

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Savinskiy, A. V. "Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law." Lex Russica, no. 11 (November 15, 2020): 62–70. http://dx.doi.org/10.17803/1729-5920.2020.168.11.062-070.

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The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative en

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Kilina, I. V. "Resolving the Issue of Exemption from Criminal Liability on Alternative Grounds in the Court of Appeal." Actual Problems of Russian Law 18, no. 9 (2023): 131–40. http://dx.doi.org/10.17803/1994-1471.2023.154.9.131-140.

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A court of appeal has the right to dismiss a criminal case (criminal prosecution) and exempt the person from criminal liability. The legislator has not taken into account the peculiarities of applying alternative grounds for exemption from criminal liability, which are based on the possibility of assessing the positive post-criminal behavior of persons subject to criminal prosecution. The possibility of a court of appeal to overturn a conviction that has not entered into legal force, dismiss a criminal case and exempt a person from criminal liability on alternative grounds is influenced by a n

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Dovhaliyk, Y. "The peculiarities of codifying special conditions for exemption from criminal liability for the threat of committing a terrorist act." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 313–16. http://dx.doi.org/10.24144/2788-6018.2023.04.52.

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Considering the events currently taking place in Ukraine, such as the annexation of the Autonomous Republic of Crimea and the city of Sevastopol by the Russian Federation, as well as the full-scale invasion initiated by the aggressor state eight years into the Russian-Ukrainian war, it is worth noting that these circumstances have led to an increase in terrorism incidents in Ukraine.According to a comprehensive study by the University of Maryland, Institute for Economics and Peace: Global Terrorism Index, Ukraine ranks 17th in terms of terrorism levels among 160 countries surveyed. Therefore,

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Luvsan, Bat-Ochir, and Amarsanaa Vandan-Ish. "Some problems of implementation of circumstances, excluding the criminality of an act." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 4 (2023): 98–104. http://dx.doi.org/10.35750/2071-8284-2023-4-98-104.

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Introduction. The article focuses on the problems of implementation of circumstances excluding the criminality of an act. The authors make an attempt to establish some mistakes in the application of criminal and criminal procedure laws in the sphere of the institute of circumstances excluding the criminality of an act in Mongolia. The relevance and significance of the development of the institute of circumstances excluding criminality of an act both in the criminal law theory and in law enforcement activity is proved. Some problems of development of the institute of circumstances excluding cri

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Fedorov, Aleksandr V. "Criminal Liability of Legal Entities under the Laws of the Republic of Montenegro." Russian investigator 7 (July 25, 2018): 69–76. http://dx.doi.org/10.18572/1812-3783-2018-7-69-76.

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The article is dedicated to review of the laws of the Republic of Montenegro on the criminal liability of legal entities; the main acts are the Special Law on the Liability of Legal Entities for Criminal Offenses of 2006, the Criminal Code of the Republic of Montenegro and the Criminal Procedure Code of the Republic of Montenegro. The publication reviews statutory resolutions allowing consideration of a legal entity as a criminal liability subject; gives a scope of persons who can be brought to criminal liability; pays attention to the fact that legal entities in the Republic of Montenegro may

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Khakimov, Komil Bakhtiyarovich. "QUESTIONS OF RESPONSIBILITY FOR PREMEDITATED MURDERS WITH EXTENUATING CIRCUMSTANCES IN SOME FOREIGN COUNTRIES." Journal of law research 1, SI 4 (2022): 5. https://doi.org/10.5281/zenodo.7278062.

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The article discusses some issues of the author's criminal liability for the crime of premeditated murder of a mitigating nature in some foreign countries. The article also analyzes some aspects characteristic of the criminal liability of a person for the premeditated murder of a mother of her own child, premeditated murder in case of necessary defense and other criminal content in the legislation of foreign countries. Based on the experience of criminal law in most foreign countries, the author intends to proportionally take into account the characteristics of the guilty person, as well a

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Blagov, E. V. "About the stages of exemption from criminal liability." Juridical Journal of Samara University 8, no. 3 (2023): 70–76. http://dx.doi.org/10.18287/2542-047x-2022-8-3-70-76.

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the article establishes and analyzes the periods of exemption from criminal liability, which has not previously been subjected to scientific understanding. It is concluded that the stages of exemption from criminal liability are the adoption and consolidation of the decision on exemption from criminal liability. The first stage is the thought process. Decisions made at this stage are divided into primary and secondary. The first include decisions a) on taking into account the relevant circumstances and b) on the type of release. Secondary decisions are recognized upon release with the appointm

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Kovalenko, Olena, and Alina Plotnikova. "Regarding the consideration of mitigating and aggravating circumstances when imposing a sentence for an act under art. 270 of the Criminal Code of Ukraine “violation of fire or industrial safety requirements established by law”." Actual problems of innovative economy and law 2024, no. 4 (2024): 125–28. https://doi.org/10.36887/2524-0455-2024-4-24.

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The article analyzes the mitigating and aggravating circumstances as elements of the general principles of sentencing provided for by the current Criminal Code of Ukraine. The author determines the importance of considering mitigating and aggravating circumstances for the sentencing process. The author notes a lack of scientific research into the practice of sentencing for an act under Parts 1 and 2 of Article 270 of the Criminal Code of Ukraine. The author emphasizes that, given the limited representativeness of such a study, there is nevertheless a particular possibility of building an algor

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