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Journal articles on the topic 'Criminal-law measures'

Author: Grafiati
Published: 28 May 2022
Last updated: 31 July 2025

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1

Lysenko, Vadim S. "Criminal law Impact, Penal Measures, Criminal Liability and other Measures of Criminal-Legal Nature: Problems of Correlation of Criminal Law Categories." Теория и практика общественного развития, no. 8 (August 30, 2023): 241–46. http://dx.doi.org/10.24158/tipor.2023.8.31.

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The article considers the issue of correlation of the following criminal-law categories: criminal-law impact, pe-nal measures, criminal liability, other measures of criminal and legal nature. Having investigated them using the method of lexical analysis, by formulating his own definition of measures of criminal-legal nature, defining their signs and system, the author comes to the reasonable conclusion that the criminal law impact is repre-sented by many types, including penal law, implemented by means of measures of criminal-legal nature, en-shrined in the criminal law, law enforcement acts,
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2

Shpiliarevych, V. V. "Security Measures In Ukraine’ Criminal And Criminal Procedure Law." Actual problems of improving of current legislation of Ukraine, no. 51 (August 6, 2019): 195–205. http://dx.doi.org/10.15330/apiclu.51.195-205.

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The article is dedicated to the study of security measures in criminal and criminal procedural law of Ukraine. Determined by the influence of integration and globalization processes, there is a tendency of convergence of various branches of law, including criminal and criminal procedural law. Therefore, the implementation of a modern effective policy in the field of crime prevention in Ukraine requires an improvement of existing preventive measures and development of new ones, both at the international and national levels. That is why, criminal and criminal procedure measures, namely security
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3

Babić, Miloš. "Medical safety measures in criminal law." Glasnik Advokatske komore Vojvodine 69, no. 9 (1997): 273–87. http://dx.doi.org/10.5937/gakv9707273b.

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The author considers it necessary to have more precised conditions for prononcing and applying medical safety measures in criminal law. Also, it is necessary to omit undefined notions such as ..danger for neighborhood" instead of which it is better to use .danger from a repeated criminal act". The author insists on a limited duration of medical measures and on obligatory court control yearly.
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4

Pudovochkin, Yurii E. "Criminal law measures and criminal liability: scientific discussion and search for solutions." Penitentiary science 14, no. 4 (2020): 542–51. http://dx.doi.org/10.46741/2686-9764-2020-14-4-542-551.

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The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in ca
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5

Suvorova, S. V. "Problem of unifying other criminal law measures." Juridical Journal of Samara University 11, no. 2 (2025): 36–43. https://doi.org/10.18287/2542-047x-2025-11-2-36-43.

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The article analyzes section VI of the Criminal Code of the Russian Federation «Other measures of a criminallegal nature» from the perspective of institutionalization of the measures provided for in it. The possibilities of expanding the legislative list of other criminal law measures are considered. It is proposed to supplement the list of other criminal law measures with compulsory educational measures, as well as a ban on holding the position of head of a commercial organization or acquiring the status of founder of such an organization, an individual entrepreneur, as well as the deprivatio
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6

Kozachenko, O., and O. Musychenko. "Restitution and compensatory measures in criminal law." Analytical and Comparative Jurisprudence, no. 3 (July 22, 2024): 456–65. http://dx.doi.org/10.24144/2788-6018.2024.03.79.

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This article argues for the need to enshrine restorative and compensatory measures in the criminal law of Ukraine. The authors analyze international normative acts, in particular the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985; the European Convention on the Compensation of Victims of Violent Crimes, 1983; Recommendation R (85) 11 of the Committee of Ministers of the Council of Europe to Member States on the position of the victim in criminal law and criminal procedure, 1985; Recommendation Rec (2006) 8 of the Committee of Ministers of the Counci
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7

Zahynei-Zabolotenko, Z. A. "Application of criminal law measures as a legal institution." Uzhhorod National University Herald. Series: Law 3, no. 83 (2024): 49–54. http://dx.doi.org/10.24144/2307-3322.2024.83.3.7.

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The article highlights the issues of application of criminal law measures as an independent regulatory and legal institution which has a cross-sectoral nature. This institute is complex, since it includes two sub-institutes – criminal law and criminal procedure, and is characterized by its subject matter and method of legal regulation, and is intended to regulate social relations which arose in connection with the introduction in Ukraine of the institute of quasi-criminal liability of legal entities for the fulfillment of Ukraine’s international obligations. The author suggests that a regulato
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8

Pudovochkin, Yu E. "Criminal law measures and criminal liability: scientific discussion and search for solutions." Penitentiary science 14, no. 4 (2020): 460–72. http://dx.doi.org/10.46741/2686-9764-2020-14-4-460-472.

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The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in ca
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9

Gаrbatovich, D. A. "Measures of a Criminal-Legal Nature for the Commission of Illegal Non-Criminal Criminal-Legal Acts." Rossijskoe pravosudie 5 (April 17, 2020): 96–105. http://dx.doi.org/10.37399/issn2072-909x.2020.5.96-105.

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The article raises the problem of the absence in the doctrine of criminal law of a single understanding of what are criminal measures applied for the Commission of illegal non-criminal criminal acts. Objectives of the study: 1) determine the scope of the concept «other measures of criminally-legal character»; 2) to characterize measures of criminal law imposed for unlawful non-criminal criminal-legal acts; 3) examine the correlation of criminal responsibility and other measures of criminal-legal character; 4) classify the measures of criminal law imposed for unlawful non-criminal criminal-lega
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10

Plish, YU M. "Criminal law characteristic of certain restrictive measures." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 251–60. http://dx.doi.org/10.24144/2307-3322.2021.63.44.

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Domestic criminal law is being in constant dynamics, so it means that the norms of the current legislation are being improved, new, previously unknown, criminal-legal categories are being introduced, recommendations of in¬ternational institutions are taken into account, etc. Not an exception in this process is chapter XIII-1 of the General part of the Criminal Code of Ukraine, which regulates restrictive measures (these provisions came into force on January 11, 2019). From the moment of the regulation of restrictive measures in the Criminal Code of Ukraine, they have acquired the status of cri
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11

Feri, Satria Wicaksana Effendy, and Hayuning Anggayasti Umaira. "Measures: The New Face of Criminal Punishment in the New Indonesian Criminal Code." INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS 07, no. 11 (2024): 5334–38. https://doi.org/10.5281/zenodo.14249740.

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The criminal punishment system in the WvS Criminal Code has shifted from only imposing punishments (single track system) to punishment and/or measures (double track system) in the National Criminal Code. This study aims to determine the conditions under which measures can be imposed and the form and application of measures in the new Criminal Code. The method used in this study is the doctrinal research method. The conditions for criminal law subjects to be subject to measures are as follows: if the criminal law subject is an individual, including people with mental and intellectual disabiliti
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12

Angelutsa, N. P., and A. S. Negoda. "Combating organized crime with criminal legal measures." Uzhhorod National University Herald. Series: Law 2, no. 80 (2024): 11–15. http://dx.doi.org/10.24144/2307-3322.2023.80.2.1.

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One of the main functions of the state is to ensure the safety of the individual, society and the state. In Ukraine, organized crime is one of the primary threats to national security. Criminal law norms, which are norms - prohibitions, affect the effectiveness of counteraction by law enforcement agencies and special services to organized crime as a socially dangerous, historically changing, relatively mass, social phenomenon. It should be noted that in the conditions of martial law, manifestations of terrorism, banditry, the creation of illegal paramilitary, armed formations, and criminal com
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13

Fedorovych, N. A. "System of criminal-legal influence." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 791–97. https://doi.org/10.24144/2788-6018.2024.06.132.

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The article analyzes the criminal-legal- influence system, namely, the components of such a system and the connections between them are shown. It is substantiated that the first level of criminal law influence lies in the selection of the measure of criminal law influence, as this choice determines the specifics of pre-trial investigation and, if applicable, the court proceedings, as well as, where necessary, the selection of means of criminal law influence. It is reasoned that measures of criminal law influence should be considered as criminal liability, discharge from criminal liability, and
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14

Гареев, М. Ф. "Criminal law impact: concept and legal nature." Юридическая мысль, no. 4(124) (December 18, 2021): 138–53. http://dx.doi.org/10.47905/matgip.2021.124.4.011.

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В данной статье исследуются меры уголовно-правового воздействия, раскрываются их правовая природа и особенности. Осуществлена демонстрация ошибочного подхода законодателя к дифференциации мер уголовноправового воздействия. Предлагается авторская версия дифференциации мер уголовно-правового воздействия в уголовном законодательстве: наказание и иные меры уголовно-правового характера, а также меры уголовно-правового характера, посредством которых не реализуется уголовная ответственности. Выдвигается авторский вариант определения мер уголовно-правового воздействия. This article examines the measur
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15

Khilyuta, Vadim V. "Public danger and criminalization in the system of security measures." Yugra State University Bulletin 18, no. 4 (2023): 44–50. http://dx.doi.org/10.18822/byusu20220444-50.

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Subject of research: the article deals with the issue of the essence of public danger and its significance in the process of criminalization of public relations. The vectors of criminalization development are outlined.
 Purpose of research: to determine the criteria for criminalization of public relations in the system of measures of criminal legal influence in the structure of criminal law and the prospects for their further improvement.
 Methods and objects of research: the study used traditional methods of socio-legal and formal dogmatic analysis: documentary, historical and legal
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16

Musychenko, Olha Mykhailivna. "Systematisation of criminal law measures in the Draft Criminal Code of Ukraine." Herald of the Association of Criminal Law of Ukraine 2, no. 22 (2024): 116–32. https://doi.org/10.21564/2311-9640.2024.22.315140.

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The article analyses the criminal legal measures reflected in the Draft Criminal Code of Ukraine through the prism of a taxonomic approach. The author concludes that the criminal legal measures provided in the draft are coherent and clear, achieved by a peculiar legal technique. The authors of the draft took into account the proposals of scholars and practitioners to expand the areas of criminal law influence, which made it possible to build a logical and well-thought-out system of criminal law measures. The author of this paper considers the understanding of criminal liability in the draft as
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17

Boldarev, Viktor, and Anna Sitnikova. "The ratio of shadow law and criminal law." Advances in Law Studies 11, no. 2 (2023): 16–20. http://dx.doi.org/10.29039/2409-5087-2023-11-2-16-20.

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This article discusses issues related to the relationship between shadow and criminal law, their similarities and differences, key features. Proposed measures to minimize the negative phenomena emerging from the shadow and criminal forms of law.
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18

Ishchenko, P. P. "«Simple» Criminal Law Measures to Combat Organized Crime and Consequences of their Application." Lex Russica 77, no. 10 (2024): 28–41. http://dx.doi.org/10.17803/1729-5920.2024.215.10.028-041.

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Effective criminal law measures to counter organized crime should be based on an adequate understanding of this phenomenon and should comply With the principles, approaches and traditions of the national legal system. The disposition of the article 210.1 «Occupying the highest position in the criminal hierarchy» introduced in the Special Part of the Criminal Code of the Russian Federation is excessively concise and does not correspond to the fundamental principle of legal certainty of criminal law norms. Despite the declared successes in its application, the practice of judicial review of crim
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19

Yermak, O. V. "Current state and prospects of legislative regulation development of measures of criminal legal influence on juveniles." Scientific Herald of Sivershchyna. Series: Law 2021, no. 3 (2021): 58–67. http://dx.doi.org/10.32755/sjlaw.2021.03.058.

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Dynamic processes of European integration in Ukraine to some extent have a positive effect on the state of Ukrainian legislation. In the criminal law of Ukraine, such positive trends include the transformation of the worldview of criminologists into forms of criminal law response, which is manifested through the adoption of the so-called “two-line response system”; official enshrinement in the Criminal Code of Ukraine and the introduction of the criminal offenses division declared in 2012 by the Criminal Procedure Code of Ukraine into crimes and criminal offenses; etc. The author states the fa
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20

Khavroniuk, Mykola. "Administrative and Criminal Law Measures to Prevent Shoplifting." NaUKMA Research Papers. Law 14 (January 31, 2025): 83–95. https://doi.org/10.18523/2617-2607.2024.14.83-95.

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The article examines the issue of administrative and criminal liability for theft, particularly petty theft from shops. It discusses the grounds for such liability and the types of penalties and punishments applied in Ukraine and abroad. An analysis was conducted on criminal statistics concerning theft of someone else’s property and court statistics on decisions regarding administrative offenses related to petty theft. Statistical data indicate that in between 2022 and 2024, the National Police of Ukraine significantly reduced their response to thefts classified as criminal offenses, leading t
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21

Ostapchuk, L. H. "Restrictive measures applied to persons perpetrators of domestic violence: national and foreign experience." Analytical and Comparative Jurisprudence, no. 5 (November 17, 2023): 485–89. http://dx.doi.org/10.24144/2788-6018.2023.05.87.

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The article establishes that in modern conditions, punishment for criminal offenses related to domestic violence, as a traditional measure of a criminal law nature, cannot overcome all challenges in the field of protection of «healthy» family relations which, in turn, actualizes the possibility to apply and other measures of a criminal law nature. In this regard, in 2017 the Law of Ukraine «On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to implement the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence
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22

Adilov, B. "Characteristics of Principles of Criminal Executive Legislation." Bulletin of Science and Practice 6, no. 1 (2020): 303–7. http://dx.doi.org/10.33619/2414-2948/50/38.

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The article analyzes the characteristics of the principles of criminal executive law. It is substantiated that the main principles of the criminal executive law are: legality, humanism, justice, the inevitability of the execution and serving of sentences and other measures of criminal law, differentiation and individualization of the execution of sentences and other measures of criminal law, the cooperation of state bodies and civil society, equality of convicts before the law, stimulation of law–abiding and active socially useful behavior of convicts, rational use of coercive means and resoci
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23

ZHOLZHAKSYNOV, Zhandos Bahtybaevich. "Criminal Law Measures to Combat Violent Crimes: International Experience and National Trends." Journal of Advanced Research in Law and Economics 9, no. 1 (2018): 352. http://dx.doi.org/10.14505//jarle.v9.1(31).41.

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The article is devoted to criminal law measures to resist criminal abuses related to violence. In modern society, the protection of individual rights and freedoms is one of the most important tasks. Within this task, the most critical issue is that of protection of the individual from criminal violence by criminal law measures. The problems of violent crime, despite all measures taken by the state and society, do not go into the past, but become relevant for modern society. Without exaggeration, they represent a social disaster that threatens the security of the individual, society and the sta
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24

Гареев, М. Ф. "Уголовно-правовое воздействие и уголовная ответственность". Юридическая мысль, № 4(124) (18 грудня 2021): 154–69. http://dx.doi.org/10.47905/matgip.2021.124.4.012.

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В данной статье рассматривается проблема дифференциации мер уголовно-правового воздействия. Предлагается разграничить меры уголовноправового воздействия на меры, связанные с реализацией уголовной ответственности, включая наказание и иные меры уголовно-правового характера, а также меры уголовно-правового характера, посредством которых она не реализуется. Раскрывается сущность и определение уголовной ответственности, ее место в системе мер уголовно-правового воздействия. Так как уголовная ответственность включает в себя наказание и иные меры уголовно-правового характера, то с учетом законодатель
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25

Strada-Rozenberga, Kristīne, and Jānis Rozenbergs. "Criminal liability of legal entities in Latvia: General insight, peculiarities and topicalities." Strani pravni zivot, no. 4 (2021): 655–65. http://dx.doi.org/10.5937/spz65-34728.

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The path that the Latvian normative regulation in criminal law and the Latvian criminal law doctrine took to arrive at the possibility of turning against legal entities by criminal law measures was neither fast nor simple. The initial position was that regulation like this would be incompatible with the basic principles of Latvian criminal law since, historically, psychological understanding of guilt has been characteristic in the Latvian criminal law, guilt is identified with a person's mental attitude towards the criminal offence, and guilt also is one of the grounds for criminal liability.
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26

Novichkov, V. E. "FORECASTING IN COMBATING CRIME AND IMPROVING THE MANAGEMENT PRACTICES OF LAW ENFORCEMENT AGENCIES ON THE APPLICATION OF MEASURES OF CRIMINAL AND LEGAL IMPACT ON CRIME WITH THE CRITERIA OF THEIR EFFECTIVENESS." Proceedings of the Southwest State University 21, no. 5 (2017): 204–11. http://dx.doi.org/10.21869/2223-1560-2017-21-5-204-211.

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The article discusses the possibility of prediction in combating crime in envisioning ways to improve the efficiency of law enforcement to impact crime through criminal law and other measures. Underline the fact that specified in the scope of this article aspects of domestic criminal law theory has not worked out common approaches, as evidenced by ongoing discussions on this issue. In particular, there is no common understanding of the logical-linguistic phenomena, among them the basic concept: "measures of criminal and legal impact", in connection with which the article is their original defi
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27

Kuznetsov, Anatoly V., and Alexander E. Kukovyakin. "Exemption from Criminal Liability in Connection with Other Measures of Criminal Law." Vestnik of the Omsk Law Academy, no. 3 (2016): 46–50. http://dx.doi.org/10.19073/2306-1340-2016-3-46-50.

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28

Avdeev, Vadim A., and Olga A. Avdeeva. "Careless crime: state, dynamics, measures of general and special counteraction." Yugra State University Bulletin 15, no. 3 (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 a
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29

RADUTNYI, O. "Measures of a criminal legal nature regarding electronic legal entities." INFORMATION AND LAW, no. 3(22) (October 10, 2017): 132–38. http://dx.doi.org/10.37750/2616-6798.2017.3(22).273068.

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The article deals with the certain aspects of the criminal law measures appliedto legal entities, the phenomenon of electronic legal entities (Decentralized Autonomous Organization or Decentralized Autonomous Corporation), the possibility of applying criminal law measures to electronic legal entities.
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30

Fedorov, Aleksandr V. "THE HUNGARIAN LAWS ON BRINGING LEGAL ENTITIES TO CRIMINAL LIABILITY." Russian investigator 8 (August 21, 2019): 73–80. http://dx.doi.org/10.18572/1812-3783-2019-8-73-80.

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The article is dedicated to the issues of introduction of criminal liability of legal entities in Hungary. Attention is paid to the fact that the establishment of criminal liability of legal entities in this country has been largely caused by the need for bringing its national laws in compliance with the provisions of a number of acts of the European Union (EU) and its membership in the Organization for Economic Cooperation and Development (OECD). The Hungarian legal acts on criminal liability of legal entities are reviewed; the main of them are the special omnibus law On Measures Applicable t
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31

Markevičius, Edgaras. "Restrictions of Criminal Intelligence Measures in Law Enforcement Directive and Law on Criminal Intelligence of Lithuania." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 3, no. 18 (2020): 81–88. http://dx.doi.org/10.25143/socr.18.2020.3.081-088.

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Increasing use of technologies in the last decades has created an unprecedented opportunity to systematically collect and use a wide variety of data (including personal data) for different purposes. Information and data collected and processed with the help of new technologies is used not only for the purposes of natural and legal persons but also for various other purposes. Intelligence services that ensure prevention of crime must perform their functions to ensure safety of public. When doing so, they use various means and methods of information collection, which help them to reach their goa
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32

Vysotska, N. В. "LEGAL NATURE OF RESTRICTIVE MEASURES ESTABLISHED BY ART. 91-1 OF THE CRIMINAL CODE OF UKRAINE AND THEIR PLACE IN THE ACT OF CRIMINAL LEGISLATION." Scientific Herald of Sivershchyna. Series: Law 2022, no. 1 (2022): 85–93. http://dx.doi.org/10.32755/sjlaw.2022.01.085.

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The article examines the legal nature of restrictive measures defined by Art. 91-1 of the Criminal Code of Ukraine, and the expediency of allocating space for their legal regulation in the act of criminal law. Attention is drawn to the fact that enshrining in legislation new legal measures is impossible without understanding their legal nature. The emergence of restrictive measures in the jurisprudence, which are currently provided for in Art. 91-1 of the Criminal Code of Ukraine related to the implementation in national legislation of the Council of Europe Convention on Preventing and Combati
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33

Jovašević, Dragan. "The repeated crime in criminal law." Glasnik Advokatske komore Vojvodine 70, no. 9 (1998): 291–306. http://dx.doi.org/10.5937/gakv9807291j.

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The persons against whom the regular criminal penalties have not proven to be effective, justified and appropriate, present a special danger to the society. It is an open issue whether the society should apply more severe penalties against them, or some other penal measures in addition to or instead of the existing penalty. The answer to this question has been different in the criminal practice of different countries depending on the character and features of the criminal law system of a particular country' and its needs for application of adequate measures of protection from all kinds and for
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34

Danciu, Patricia-Georgiana. "THE CONCEPT AND CHARACTERISTICS OF SAFETY MEASURES." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 18, no. 1 (2024): 245–51. http://dx.doi.org/10.15837/aijjs.v18i1.6761.

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This article deals with an important category of criminal sanctions: safeguards. The fundamental institution of criminal law, criminal sanctions, are nothing more than the effect of criminal liability, this in turn being the legal consequence of committing the crime. Within the framework of criminal sanctions, an important category is safety measures. The defense of society against crimes could not be effectively ensured if only the application of punishments, however severe they may be, both in duration and in the mode of execution, were used for this purpose. The crime must be examined in re
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35

Komosko, A. A. "CERTAIN PROBLEMS OF SENTENCING AND APPLICATION OF OTHER MEASURES OF A CRIMINAL-LEGAL NATURE UNDER THE RUSSIAN LEGISLATION." Bulletin of Udmurt University. Series Economics and Law 29, no. 6 (2019): 868–76. http://dx.doi.org/10.35634/2412-9593-2019-29-6-868-876.

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The institution of punishment and other measures of a criminal law nature is important in the development of criminology and criminal law. However, in the scientific literature to date there is no single understanding of individual legal structures, which, of course, affects the formation of the core of the concept of punishment. The article discusses the problems of the appointment and application of other measures of a criminal law nature. Based on the analysis of scientific works of specialists in this field, the author draws conclusions that allow optimizing the categorical apparatus used
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36

Didyk, I. M. "Grounds for application of criminal law measures to legal entities - a critical look." Uzhhorod National University Herald. Series: Law 3, no. 83 (2024): 36–40. http://dx.doi.org/10.24144/2307-3322.2024.83.3.5.

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The article highlights the problem of regulatory regulation in the current Criminal Code of Ukraine, as well as in its draft, of the grounds for applying criminal law measures (criminal law remedies) to a legal entity. The analysis of the scientific literature has shown that scholars, as well as the drafters of the Criminal Code of Ukraine, have not identified the criteria for selecting those criminal offenses which are the basis for applying criminal law measures to a legal entity if committed by an authorized person on behalf of and/or in the interests of a legal entity. The author proposes
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37

Chaves, Mariana. "EU’s Harmonization of National Criminal Law: Between Punitiveness and Moderation." European Public Law 21, Issue 3 (2015): 527–53. http://dx.doi.org/10.54648/euro2015029.

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At a time when the Treaty of Lisbon has expanded and reinforced EU’s competence to harmonize national criminal law, this article aims to shed further light on the past and future influence of harmonization measures upon national criminal law. It argues that although EU’s harmonization of substantive criminal law is leading to more formal criminalization at national level (more ‘law in the books’) there are moderating elements which increasingly nuance the repressive emphasis of these measures. The article first examines framework decisions and directives aiming at harmonizing national substant
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38

Lapshin, Valery F. "Legal analysis of the content of the category «criminal law impact»." Yugra State University Bulletin 15, no. 3 (2020): 7–13. http://dx.doi.org/10.17816/byusu201937-13.

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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
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39

Kruk, Ewa. "Selected victim protection measures in ordinary criminal proceedings." Journal of Modern Science 59, no. 5 (2024): 143–55. http://dx.doi.org/10.13166/jms/192841.

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The victim becomes a participant in the criminal proceedings not because he or she has consciously made such a decision. It is almost always that the victim becomes a participant against their will, which is caused by a direct violation or threat to its legal interest by a criminal offence. This is reflected in the legal definition of the victim contained in Article 49 § 1 of the Criminal Procedure Code (hereinafter CPC) . Cezary Kulesza notes that this definition contains the following elements: subjective (natural or juridical person) and objective, relating to the legal interest infringed b
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40

Yu. E., Pudovochkin. "Compulsory Educational Measures." Rossijskoe pravosudie, no. 10 (September 27, 2021): 71–85. http://dx.doi.org/10.37399/issn2072-909x.2021.10.71-85.

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Problem Statement. Improvement of juvenile justice presupposes active and priority application of alternative measures to criminal punishment. Such, according to the Criminal Code of Russia, are compulsory educational measures, which are imposed in the order of exemption from criminal liability or from criminal punishment. Their proper application implies a clear definition of the content of educational measures, clarification of the order of their appointment and execution. Nevertheless, these matters are not fully regulated in the law, which poses a inconsistent practice of their application
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41

Hlukh, R. V. "DYNAMICS OF RECIDIVISM AND CRIMINAL LAW AND PENITENTIARY MEASURES TO PREVENT IT." Constitutional State, no. 58 (June 15, 2025): 232–40. https://doi.org/10.18524/2411-2054.2025.58.331009.

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The article examines the current trends in the dynamics of recidivism in Ukraine, analyzes statistical indicators and identifies the main reasons for the growth of recidivism. The author notes that the statistics also confirm the need to influence and qualitatively change criminal legislation in order to minimize the manifestations of recidivism, in particular, by analyzing the statistics of persons who have committed criminal offenses with a criminal record which has not been removed or not expunged in accordance with the procedure established by law. The purpose of the study is to provide a
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42

Pylypenko, D. "The principle of humanism of criminal executive law." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 248–52. http://dx.doi.org/10.24144/2788-6018.2022.02.46.

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The article considers the content and essence of the principle of humanism in criminal executive law. Emphasis is placed on the exclusive common law origin of this principle within the framework of sectoral law. The natural origin of the principle of humanism is reflected in the positive component of state participation in the implementation of this principle. It is emphasized that the principle of humanism is inextricably linked with other general principles and is crucial in areas of law that are directly related to the restrictions on the natural rights and interests of individuals - this i
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43

Krushynskyi, Serhii. "Combating cybercrime and criminal legal measures under the conditions of the state of martial." Ad Alta. Journal of Interdisciplinary Research 12, no. 2, special XXXI (2023): 233–36. https://doi.org/10.2546/adalta.120231.

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The manuscript is devoted to the peculiarities of the application of criminal legal measures against cybercrimes under martial law. During the research, we found an opportunity to formulate the author's recommendations for solving the most complex problems of law enforcement, as well as to propose changes to the Criminal Code of Ukraine, aimed at eliminating the shortcomings of the analyzed Law, the adoption of which will contribute to the achievement of greater effectiveness of the relevant criminal law prescriptions.
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44

Yuzhanin, V. Е. "Prospects for Expanding the Subject of Penal Law." Lex Russica, no. 10 (October 24, 2019): 114–22. http://dx.doi.org/10.17803/1729-5920.2019.155.10.114-122.

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The paper notes that the issue of the independence of penal law as a branch is not relevant; still the issue on the subject of this branch of law, which is understood in a narrow (classical) and broad senses, remains acute. The classical definition of the subject consists of social relations arising in the execution of all punishments, and now other measures of a criminal law nature. Currently, scientists are increasingly talking about the need to expand the subject of penal law due to the inclusion of public relations in the execution of measures of restraint in form of detention and house ar
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45

Mukhtarova, Elena Anatolyevna. "COMPULSORY EDUCATIONAL MEASURES AS ALTERNATIVE MEASURES IN THE CRIMINAL LAW OF RUSSIA." Journal of Applied Research 1, no. 2 (2021): 65–68. http://dx.doi.org/10.47576/2712-7516_2021_2_1_65.

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46

Zarubina, K. A. "On the Issue of Countering Modern Professional Crime in Russia by Criminal Law Measures: Opportunities and Prospects." Juridical science and practice 21, no. 1 (2025): 58–66. https://doi.org/10.25205/2542-0410-2025-21-1-58-66.

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The article considers criminal law measures to counteract professional crime in Russia, as well as individual proposals from researchers to improve modern domestic criminal legislation in line with tightening the fight against professional criminals. It is determined that criminal law measures directly countering modern professional criminal activity are not effective enough, and «indirect» ones do not allow legislative efforts to focus on combating professional criminals. In view of this, it was noted that the «leading» role in countering professional crime should be played not by criminal la
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47

Karpov, Kirill. "Criminalization and decriminalization as instruments of social control over persons who committed a crime." Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 3 (2023): 133–40. http://dx.doi.org/10.35750/2071-8284-2023-3-133-140.

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Annotation: The relevanceof the research topic is determined by the complexities of modern trends in criminalization (decriminalization) within the framework of the emerging criminal law policy.
 Generalization of the approaches formed in the doctrine (and the positions of the authors) to the ongoing changes in the Criminal Code of the Russian Federation, expressed in the increase in the number of criminal
 law prohibitions and law enforcement practice, demonstrates the qualitative changes in the emerging prohibitions in relation to the designs of the relevant offences, sanctions, as
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48

Avdeev, Vadim A., and Ekaterina V. Shumakova. "REGULATION OF THE PRINCIPLE OF HUMANITY IN THE CRIMINAL LAW AND ITS IMPLEMENTATION AT THE LAW ENFORCEMENT LEVEL." Oeconomia et Jus, no. 2 (June 26, 2023): 54–63. http://dx.doi.org/10.47026/2499-9636-2023-2-54-63.

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The article deals with the topical issues of criminal sentencing in the context of implementing the principle of humanity, the problems of legislative regulation of this principle in the criminal law and ensuring human rights and freedoms, including personal freedom, personal inviolability and dignity of the individual in the mechanism of criminal law regulation. The purpose of the study is to reveal the concept of humanism as a principle of the law from the point of view of the strategic component in the development of legal policy, including the criminal law; to analyze comprehensively the l
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Ovchinnikov, Sergei N. "Promising Directions for Modernizing Legal Regulations on Non-Custodial Sentences and Criminal Measures." Russian Journal of Legal Studies (Moscow) 11, no. 3 (2024): 79–86. http://dx.doi.org/10.17816/rjls630875.

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The reduction of criminal repression has gained recognition in modern criminal law, embraced not only by proponents of humanistic principles in criminal justice but also by advocates of a rationalistic approach to maintaining law and order in society and the state. A prevalent trend in modern penitentiary policy is the expansion of legal boundaries and practices involving criminal penalties and measures not involving the isolation of convicts from society. Strategic planning documents for the development of the penal system of the Russian Federation emphasize ongoing modernization efforts, par
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Tiganus, Georgiana-Alina. "Verification of preventive measures." Eximia 12 (October 19, 2023): 326–45. http://dx.doi.org/10.47577/eximia.v12i1.368.

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Preventive or restrictive measures of liberty and rights may be taken in criminal cases where there is reasonable suspicion that a crime punishable by imprisonment has been committed. It is worth noting that these preventive measures at this time can only be ordered if there is evidence or evidence from which to result the reasonable suspicion that a person has committed a crime, being necessary to achieve the goal pursued by taking them. During criminal proceedings, the competent judicial bodies have the authority to order certain procedural measures to ensure and guarantee the normal conduct
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