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Journal articles on the topic 'Liability for illegal transplantation'

Author: Grafiati

Published: 28 May 2022

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1

SEREBRENNIKOVA, Anna V., Tatjana F. MINYASEVA, Nagima S. KALA, Alexei A. MALINOVSKY, Victoria M. MALINOVSKAYA, and Serhii V. GRYNCHAK. "Comparative Analysis of Foundations of Legal Regulation of Criminal Liability for Organ Trafficking in the Russian Federation, Kazakhstan, and the European Union." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1405. http://dx.doi.org/10.14505/jarle.v11.4(50).37.

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Currently, organ trafficking occupies a leading position among transnational organized criminal groups due to the high demand for illegal services and the relatively low rates of detection of illegal actions by law enforcement agencies. In this context, the purpose of the paper was to conduct a comparative analysis of the foundations of the legal regulation of criminal liability for organ trafficking and trafficking in the Russian Federation, Kazakhstan, and the European Union to form scientifically substantiated conclusions and suggestions for improving existing national legislation. To achieve this purpose, general scientific and special methods were used. The study also uncovers vectors and substantiates the feasibility of implementing EU legislation in the field of organ trafficking and trafficking in the criminal legislation of the Russian Federation and Kazakhstan, predicts the prospects for improving legal regulation on the subject matter and outlined the priority actions of legislative bodies. At the same time, promising areas of research in this matter are the issues of punishability of such acts and the appointment of the appropriate punishment. Furthermore, the creation of a highly regulated transplantation system at the national level was proposed, which is to be managed by a national transplantation authority with broad oversight powers. The creation of such a centralised competent authority will ensure the implementation of the scope of measures that would effectively reduce the risk of organ trafficking and trafficking and protect potential victims.

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2

Kochoi, Samvel, and Irina Grebenkina. "Human Biomaterials, Organs and Tissues as Objects of Crime." Russian Journal of Criminology 15, no. 1 (March 9, 2021): 82–90. http://dx.doi.org/10.17150/2500-4255.2021.15(1).82-90.

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During the fourth industrial revolution 3D print technologies became one of the prospective trends in regenerative medicine that offer new opportunities for treating people and conducting research; they make it possible to solve the problem of deficit of human organs and tissues for transplantation and, at the same time, to put an end to trade in human organs and issues. However, it is impossible to achieve the goals of regenerative medicine without settling a number of urgent civil and criminal law questions, and the presented study is devoted to searching the answers to these questions. The authors apply the methodologies of weighing the interests, legal analysis, unity of theory and practice, and legal axiology to discuss the questions of the legal regime of biomaterials, biosamples used for 3D-bioprinted organs and tissues, 3D-bioprinted organs and tissues themselves, as well as human organs and (or) tissues in criminal legislation. Based on this research, they suggest recognizing biomaterials, biosamples and 3D-printed organs as property and objects of proprietary interests by singling out their specific features. Since the development of additive manufacturing and 3D-printing is supposed to put an end to trade in human organs and tissues, the paper presents recommendations on improving the criminal law norms as a vital method of criminal law counteraction to the abovementioned crimes in general. Specifically, they formulate the idea on widening the object of crime in Art. 120 of the Criminal Code, present additional arguments regarding the possibility of recognizing human biomaterials, organs and (or) tissues as objects of crimes against property, as well as suggest supplementing Chapter 25 of the Criminal Code of the Russian Federation with a norm on liability for illegal deals involving human biomaterials, organs and (or) tissues.

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3

Gubareva, Anna. "Legal Liability for Illegal Business." Rossijskoe Pravo. Obrazovanie, Praktika, Nauka, no. 6 (2019): 89–95. http://dx.doi.org/10.34076/2410-2709-6-89-95.

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4

Vinner, E. R. "Criminal Liability for Illegal Securities Transactions." Actual Problems of Russian Law 16, no. 1 (January 28, 2021): 181–88. http://dx.doi.org/10.17803/1994-1471.2021.122.1.181-188.

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The paper analyzes the most common typical forms of infringements and the main aspects of liability for illegal securities transactions provided for by the criminal legislation of the Russian Federation and foreign countries. The author refers to such typical infringements as counterfeit of securities; counterfeit securities usage (regardless of their issuers); issue (emission) of securities carried out in prohibited ways or in violation of the requirements established by law; introduction of illegally issued securities into circulation; violation of the established order of circulation (illegal circulation) of securities; illegal use of so-called insider information. In order to define these standard forms the author analyses the national criminal legislation, as well as the criminal legislation of Azerbaijan, Belarus, Bulgaria, Germany, Holland, Georgia, Denmark, Spain, Kazakhstan, Latvia, Poland, Uzbekistan, Estonia.

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5

Talan, Mariya Vyacheslavovna, Ildar Rustamovich Begishev, Tatyana Gennadievna Zhukova, Diana Davlenovna Bersei, Regina Rustеmovna Musina, and Bairamkulov Asker Magometovich. "Criminal Liability for Organization of Illegal Migration." Cuestiones Políticas 39, no. 68 (March 7, 2021): 581–95. http://dx.doi.org/10.46398/cuestpol.3968.37.

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The article discusses the criminal responsibility for illegally organizing migration, using a comparative documentary-based methodology. Constant changes in public life suggest the need to improve states' criminal policy in the field of establishing responsibility for organizing illegal migration, both nationally and internationally. An analysis of the provisions of international criminal law makes it possible to consider various legal approaches to the criminalization of acts in the field of migration. The document underpins the need to develop a unified approach to determining the characteristics of the crime in question, as it is transnational. It is concluded that, regardless of the different approaches of States to recognize illegal population migration, the organization of this illegal activity, in the presence of certain signs, should be recognized as a crime. At the same time, the organization of illegal migration is defined as the commission by a criminal group (association of criminal groups) of actions aimed at creating the conditions for the illegal movement of foreign nationals across the state border or their illegal presence in each country.

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6

Овдієнко, В. В. "Problems of legal liability for illegal hunting." Theory and practice of jurisprudence 1, no. 9 (June 21, 2016): 13. http://dx.doi.org/10.21564/2225-6555.2016.9.77163.

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7

신권철. "Illegal Involuntary Admission and Liability for Damages." Seoul Law Review 25, no. 2 (August 2017): 231–65. http://dx.doi.org/10.15821/slr.2017.25.2.007.

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8

Шаблистий, Володимир Вікторович. "Illegal weapon circulation inUkraine: issues of criminal liability." Herald of the Association of Criminal Law of Ukraine 1, no. 10 (June 29, 2018): 116–29. http://dx.doi.org/10.21564/2311-9640.2018.10.161673.

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9

Тимошенко, Володимир Андрійович, and Сергій Володимирович Дрьомов. "The issue of criminal liability for illegal enrichment." Herald of the Association of Criminal Law of Ukraine 1, no. 12 (December 30, 2019): 84–107. http://dx.doi.org/10.21564/2311-9640.2019.12.189709.

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10

Freeman, Edward H. "Corporate Liability for Illegal Downloading of Copyrighted Music." EDPACS 32, no. 9 (March 2005): 13–20. http://dx.doi.org/10.1201/1079/45030.32.9.20050301/86856.2.

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Freeman, Edward H. "Corporate Liability for Illegal Downloading of Copyrighted Music." Information Systems Security 13, no. 4 (September 2004): 6–10. http://dx.doi.org/10.1201/1086/44640.13.4.20040901/83727.2.

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12

Scheuermann, Lawrence E., and Harold P. Langford. "Perceptions of Internet Abuse, Liability, and Fair Use." Perceptual and Motor Skills 85, no. 3 (December 1997): 847–50. http://dx.doi.org/10.2466/pms.1997.85.3.847.

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Telecommunication experts hail access to the Internet as a great opportunity for business development and enhancement of employees' productivity. Much of the practical discussion has centered on the perception of abuse. The two types of liability that can occur through the Internet involve inbound material that is illegal or offensive and outbound information that is unethical, illegal, or damaging to the organization. Organizations can prevent abuse of the Internet by becoming enablers rather than policemen. Managing activities and requiring employees to be accountable form the appropriate route to productive Internet use.

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13

Orlov, Vladimir. "Liability in Russian Corporate Law." ATHENS JOURNAL OF LAW 7, no. 1 (December 31, 2020): 9–32. http://dx.doi.org/10.30958/ajl.7-1-1.

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Liability issues related to corporate activities are primarily regulated by general and special rules of the Civil Law in Russia that are mainly dispositive. The general liability rules consist of tort and contract liability provisions of the Civil Code. Special corporate norms are, in turn, included in the Civil Code provisions on juristic persons and legislation regulating corporate forms, and they concern liability of founders, shareholders and corporation as well as executives of corporation. The main form of civil liability is compensation for damages, the award for which generally requires that the illegal action and the caused damages as well as their causal relationship and the fault for causing the damages is proved in accordance with the rules on presumptions and burden of proof provided by the procedural rules. Traditionally, Russian civil liability rules have relied on the concept of illegality of an action (or breach of an obligation) that is to cause liability, which reflects the dominant role of legal supervision in the Russian legal system. However, in the event of liability of corporate executives, a breach of fiduciary duties could be regarded sufficient as a ground to qualify their actions as illegal without particular reference to concrete legal norms. Keywords: Civil liability; Corporation; Corporate executives; Illegality

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14

Taranenko, Vladimir, Stanislav Kharitonov, Maria Reshnyak, and Sergey Borisov. "Modern Problems of Establishing and Implementing Criminal Liability for Illegal Migration Crimes." Russian Journal of Criminology 15, no. 3 (June 2, 2021): 341–51. http://dx.doi.org/10.17150/2500-4255.2021.15(3).341-351.

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This study aims to identify and consider modern problems in establishing and implementing criminal liability for crimes pertaining to illegal migration, such as illegal crossing of the Russian Federation State Border, organizing illegal migration, fictitious registration of citizens of the Russian Federation at a place of stay or place of residence in residential premises in the Russian Federation, fictitious migration registration of foreign citizens or stateless persons at a place of residence in residential premises in the Russian Federation, as well as fictitious registration of foreign citizens or stateless persons at a place of stay in the Russian Federation. On this basis, proposals to improve legislative and regulatory compliance practices in this area have been formulated. The object of research is social interaction associated with the establishment and application of criminal law provisions on accountability for the crimes. The subject of research is a complex of legislative, doctrinal and practical issues, the study of which contributes to the development of criminal law theory in the area of liability for illegal migration crimes. This article considers the clarifications issued by the Plenary Session of the Supreme Court of the Russian Federation cited in resolution No. 18 “On Judicial Practice in Cases on Illegal Crossing of the State Border of the Russian Federation and on Crimes Pertaining to Illegal Migration” of July 9, 2020, relevant court practice materials and the Supreme Court of the Russian Federation Judicial Department’s statistical data. Research methodology is based on general and specific scientific methods, including comparative legal and concrete-sociological ones. As a result of the comprehensive analysis of criminal justice vulnerabilities in response to crimes pertaining to illegal migration, proposals for further development of the criminal legislation on the fields of criminal liability for such crimes and practices associated with its application have been formulated. For example, this article reveals the content of actions that form the objective aspect of crimes pertaining to illegal migration, defines the legal and factual aspects of committed offences, and provides recommendations concerning their qualification, including differentiation between them and their separation from related crimes and similar administrative offenses.

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15

노병호 and KIM, Tae-hyun. "Limitation on Union Members Joint Liability in Illegal Strikes." kangwon Law Review 44, no. ll (February 2015): 175–215. http://dx.doi.org/10.18215/kwlr.2015.44..175.

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16

Sukhanov, Aleksey G. "THE ADMINISTRATIVE LIABILITY FOR ILLEGAL DISCLOSURE OF CLASSIFIED INFORMATION." State power and local self-government 1 (January 23, 2019): 10–14. http://dx.doi.org/10.18572/1813-1247-2019-1-10-14.

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17

Treļs, Ēriks. "CRIMINAL LIABILITY FOR PUBLIC INCITEMENT TO COMMIT ILLEGAL ACTS." Administrative and Criminal Justice 1, no. 74 (June 30, 2016): 47. http://dx.doi.org/10.17770/acj.v1i74.2889.

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On 18 March 2016 President of Latvia Raimonds Vējonis posted a letter to the Legal Affairs Committee of the Parliament of the Republic of Latvia (Saeima) regarding the amendments to the Criminal Law (Nr.514/Lp12). President of Latvia drew attention of the Saeima to several controversial definitions of the amendments to the law requiring a clearer and more precise wording so that the proposed statutory solutions would not contradict the Constitution of Latvia (Satversme) and international commitments of Latvia. The article aims to initiate a debate on problems related to the application of the Section 81 of the Criminal Law. The author offers his vision of the regulatory framework application problems.

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18

Abeyratne, Ruwantissa. "Smuggling of Illegal Migrants by Air – Air Carrier Liability." Air and Space Law 25, Issue 4/5 (September 1, 2000): 148–58. http://dx.doi.org/10.54648/276691.

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19

Knyzhenko, Oksana, Svitlana Knyzhenko, and Oleksandr Shamara. "Illegal handling with radioactive materials: investigation and criminal liability." Collection of Ukrainian Research Institute of Special Equipment and Forensic Expertise of the Security Service OF Ukraine, no. 1 (January 28, 2021): 156–66. http://dx.doi.org/10.54658/ssu.27097978.2021.1.pp.156-166.

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This article covers current issues of investigating the illegal handling with radioactive materials. Attention is also paid to the problems of criminal qualification of acts related to the illegal handling with the materials mentioned above. The conditions for exemption from criminal liability in the case of acquisition, carrying, storage, use, transfer, modification, destruction, spraying or destruction of radioactive materials (sources of ionizing radiation, radioactive substances or nuclear materials in any physical state in the installation or production or otherwise) without the permission provided by law are disclosed. Emphasis is put on the fact that the use of radiation technologies in production, medicine and other spheres of life necessitate the development of appropriate safety measures, compliance with which will save the lives and health not only of individuals but also of the population in a whole and the environment. It is argued that updating the methods of learning criminal offenses under investigation, which are becoming more daring and carefully prepared, requires the development of modern forensic tools and methods to combat them. It is noted that law enforcement agencies need the help of specialists in nuclear physics, radiology and other fields of knowledge at the initial stages of the investigation of the above-mentioned crimes. Therefore, the purpose of the study was to determine the areas of use of specialist assistance in the investigation of radioactive materials illegal handling, as well as to highlight current issues of criminal qualification of these acts, which most often occur in law enforcement. It is noted that in Ukraine, nuclear forensics is not developed enough and requires the joint work of forensic scientists and experts from various fields of knowledge, which will allow to develop list of effective recommendations and algorithms for law enforcement officers in investigating criminal offenses related to trafficking in radioactive materials. Emphasis is placed on the fact that the use of special devices in the investigation of examined crimes is due not only to the tasks of investigation but also safety when working with radioactive substances, as it depends on timely detection and measurement of radiation levels performed by special devices. It is concluded that in the investigation of the examined crimes the assistance of specialists in the field of nuclear physics, radiology, chemistry, medicine is needed in the following areas: development of radiation and hygienic regulations for employees of the investigative and operational group who work with radioactive materials; conducting a mandatory medical examination of all participants in the investigative (search) actions after work with such materials; conducting trainings with law enforcement officers in order to obtain basic knowledge about radioactive materials, rules for handling them, including the ability to use protective equipment; development of personal protective equipment, means of detection, fixation and retrieval (including packaging and transportation) of radioactive materials.

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20

Dyka, S. A. "LEGAL LIABILITY FOR ILLEGAL ACTIVITIES IN THE FORESTRY SECTOR." Juridical scientific and electronic journal, no. 3 (2021): 180–82. http://dx.doi.org/10.32782/2524-0374/2021-3/45.

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21

Khan, Aleksandr, Stanislav Pevko, and Elena Yushkevich. "Criminal and Administrative Measures to Protect Forests from Illegal Logging in Ukraine." Russian Journal of Criminology 15, no. 5 (November 25, 2021): 605–12. http://dx.doi.org/10.17150/2500-4255.2021.15(5).605-612.

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The conducted research showed a lack of coordination between different norms of Ukrainian criminal and administrative laws that define the offences in the sphere of illegal logging, and determine the type and degree of liability for committing them. This lack of coordination is manifested, specifically, in the competition of certain norms, their ineffectiveness, and the absence of liability for certain publicly dangerous actions connected with illegal logging and damaging trees. The authors carried out a comparative analysis of criminal administrative offences in this sphere and formulated recommendation on improving criminal and administrative legislations that protect public relations in the sphere of protecting forests in Ukraine. They suggest the following: 1) amending Art. 65 of the Code of Ukraine on Administrative Offences by establishing liability for selling illegally logged timber or shrubs; 2) amending Art. 246 of the Criminal Code of Ukraine and Art. 65 the Code of Ukraine on Administrative Offences by introducing administrative liability for buying illegally logged timber or shrubs, as well as criminal liability for buying illegally logged timber or shrubs if it inflicted considerable damage; 3) amending Art. 246 of the Criminal Code of Ukraine by introducing criminal liability for destroying or damaging forest plantations, seedlings, young plants in tree nurseries and plantations, as well as young trees of natural origin and self-seed plants in the areas designated for reforestation if that inflicted considerable damage on protected public relations. The presented suggestions on improving current criminal and administrative legislations of Ukraine are aimed at improving the effectiveness of counteracting illegal logging in the country.

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Pryputen, Dmytro, and Denys Holoborodko. "REFORMING THE NATIONAL MECHANISM OF ADMINISTRATIVE LIABILITY FOR ILLEGAL FUEL TRADE." Administrative law and process, no. 4 (27) (2019): 77–87. http://dx.doi.org/10.17721/2227-796x.2019.4.07.

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The article is focused on the research of the directions for reforming the national legislation in the sphere of introduction of administrative liability for illegal trade in fuel. The methodological basis of the presented scientific work is the systematic approach and systematic analysis. The authors have offered understanding of the main components of the author’s mechanism of administrative liability: the legal norm establishing liability, its legal composition, the subject of application of the norm and its procedure. The authors have analyzed specific features of fuel as a specific subject of administrative and legal protection caused by its relation to the group of excisable goods. The qualifying features of illegal trade in fuel, their correlation with the available corpus delicti of offenses under the Code of Ukraine on Administrative Offenses have been studied. The emphasis has been placed on the issue of bringing to administrative liability for illegal fuel trade. Particular attention has been paid to the shortcomings of the objective aspect of a number of offenses (articles 160, 161, 164 of the Code of Ukraine on Administrative Offenses). Thus, it has been emphasized that the main disadvantage of applying the art. 160 of the Code of Ukraine on Administrative Offenses (sale “from hands” in the places not established for this purpose) is the inconsistency of its objective aspect with the common actions of the offender, when the illegal sale of fuel is carried out in the prescribed place, but without the necessary permits. In turn, the disposition of the art. 161 of the Code of Ukraine on Administrative Offenses (illegal supply or purchase of gasoline or other fuels and lubricants) covers only the illegal supply or purchase of gasoline or other fuels and lubricants belonging to state or public enterprises, institutions and organizations, without features of embezzlement. Due to the above, its provisions cannot be applied during the circulation of fuel belonging to individuals. Similarly, the main disadvantage of the application of the art. 164 of the Code of Ukraine on Administrative Offenses (violation of the procedure of economic activity) while illegal sale of fuel, there is a need to prove the regularity of such activities, i. e. its implementation at least three times a year. To confirm this position, the authors have analyzed and presented court practice, with the reference to the Unified State Register of Court Decisions. To solve the outlined problems, it has been offered to supplement the Code of Ukraine on Administrative Offenses with a new norm that provides administrative liability for the violation of the established procedure for fuel trade – the art. 161-1 of the Code of Ukraine on Administrative Offenses. The objective aspect of this offense should cover one-time actions related to the facts of illegal sale of fuel without the necessary permits (like the disposition of the art. 156 of the Code of Ukraine on Administrative Offenses, which provides liability for the sale of other excisable goods (alcohol and tobacco) without appropriate permits).

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23

Widowaty, Yeni, Gatot Supangkat Samidjo, and Dakha Hadi Nugraha. "Application of Strict Liability Principles Against Illegal Karst Rock Mining Leading to Environmental Damage." E3S Web of Conferences 316 (2021): 04008. http://dx.doi.org/10.1051/e3sconf/202131604008.

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Illegal mining of karst rocks in Gunungkidul Regency is increasingly rampant, resulting in environmental damage and casualties. The proposed problem is how can the principle of strict liability be applied to illegal karst mining actors? What is the concept that should be done in the future to abolish illegal karst rock mining to prevent further environmental damage? The research was a socio-legal study with primary and secondary data. The research was conducted in Gunungkidul, Indonesia by taking samples in the village of Ponjong. The results of the study showed that the perpetrators of illegal karst rock mining so far have never been imposed to the principle of strict liability. Ironically, there have been no objections from the public so far against mining companies. The community around the mining area is employed by the company, while the needs of the community are met. Hence, no protest occurred even though the mining caused environmental damage. The concept that should be carried out in the future to prevent further illegal mining is the improvement of law enforcement. Although action has been taken against illegal miners with revocation of permits, a reformulation of regulations by imposing criminal sanctions on perpetrators is necessary to become a deterrent.

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Kanatova-Buchkova, Veselina. "THE LIABILITY OF THE STATE FOR DAMAGE CLAIMS RESULT OF VIOLATION OF THE EUROPEAN UNION LAW." Economics & Law 2, no. 2 (December 30, 2020): 71–83. http://dx.doi.org/10.37708/el.swu.v2i2.7.

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The article deals with the questions connected with different court procedures on damage claims grounded in State and Municipalities Liability for Damages Act (1989) result of illegal acts of Bulgarian administrative bodies. The article designates the specific issues of the state liability including the issues connected with the new regulation of the court liability for violation of the European Union law.

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25

Wegemund, C. "Criminal liability and organ transplantation." СОЮЗ КРИМИНАЛИСТОВ И КРИМИНОЛОГОВ 2 (2021): 142–47. http://dx.doi.org/10.31085/2310-8681-2021-2-208-142-147.

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26

V. М., Pekarchuk, and Chaika V. Yu. "PROBLEMS OF LEGAL LIABILITY FOR INFRINGEMENT ON STATE SYMBOLS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 1 (December 22, 2020): 103–11. http://dx.doi.org/10.32755/sjcriminal.2020.01.103.

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The concept of the category “legal liability” is revealed and its essential features are defined in the article. It was found out that the current legislation provides only criminal liability: for public outrage to the State Flag of Ukraine, the State Coat of Arms of Ukraine or the National Anthem of Ukraine (Article 338 of the Criminal Code of Ukraine), as well as for illegal raising the State Flag of Ukraine on a river or sea vessel (Article 339 of the Criminal Code of Ukraine). Criminal liability for public outrage to the State Flag of Ukraine, the State Coat of Arms of Ukraine or the National Anthem of Ukraine, as well as for illegal raising the State Flag of Ukraine on a river or sea vessel is analyzed. The provision that Article 338 of the Criminal Code of Ukraine needs significant improvement and appropriate changes, as the authority of the Ukrainian state is undermined not only in case of infringement on the officially established flag and coat of arms of a foreign state is substantiated. In addition, it is advisable to introduce administrative liability for infringement on state symbols. Key words: responsibility, legal liability, criminal liability, administrative liability, state symbols.

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27

Buiten, Miriam C., Alexandre de Streel, and and Martin Peitz. "Rethinking liability rules for online hosting platforms." International Journal of Law and Information Technology 28, no. 2 (2020): 139–66. http://dx.doi.org/10.1093/ijlit/eaaa012.

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Abstract With the growing economic and societal importance of online platforms, the question of their liability for illegal content or products they host becomes more important. Based on an analysis of platforms’ incentives, we address the appropriate liability rule for hosting service providers and derive policy recommendations for an efficient liability regime in the European Union. Online hosting platforms may take monitoring efforts on their own initiative that are suboptimal due to the presence of externalities and asymmetric information problems, warranting some form of liability rules. However, for more fundamental reasons of free speech and preventing censorship, policy makers may want to be cautious in entrusting—and burdening—private parties which such an extensive ‘policing’ role. Additionally, higher monitoring requirements may disproportionally burden small entrants. As we argue, since several actors participate to the diffusion of illegal material online, the responsibility of a safe Internet should be shared among all these actors. Concrete regulatory improvements may encourage online hosting platforms to do their part in monitoring proactively and diligently.

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28

Bastrykin, A. I. "The Practice of Detecting and Investigating by the Investigative Bodies of the Investigative Committee of the Russian Federation of Legalization (Laundering) of Proceeds of Crime and Terrorism Financing." Lex Russica, no. 7 (July 19, 2021): 9–15. http://dx.doi.org/10.17803/1729-5920.2021.176.7.009-014.

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The paper examines countering extremism, terrorist crimes, as well as legalization (laundering) of proceeds of crime, as an important element of comprehensive measures undertaken to ensure national security. These crimes constitute global threats, and their suppression is one of the priorities of the Investigative Committee of the Russian Federation. It should be emphasized that the public danger of legalization (laundering) of proceeds of crime lies in the fact that it undermines the country’s financial system by means of providing the material basis for corruption and terrorism.In modern conditions, the risks of legalization of proceeds of crime, as well as the use of digital currency for illegal or criminal purposes, may arise, for example, when converting digital currency. In view of this, according to the author, it is necessary to establish clear criteria for transactions for which criminal liability for the illegal use of digital currencies may arise, including cases when the digital currency acts as a means of payment for the illegal circulation of weapons, drugs or other items, for the circulation of which criminal liability is established, as well as when illegal gambling or illegal banking are organized. With this in mind, there is a need to introduce criminal liability for illegal circulation of a digital currency and violation of the rules for making transactions with it.One of the main tasks in the field of preventing financing of terrorism and extremism is to counter the spread of radical ideology. To effectively solve this problem, it is required to apply an integrated approach, and, above all, active participation in this process of not only state authorities, but of various institutions of civil society, the scientific community, educational structures, public and religious organizations, as well as the mass media.

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Darmawan, Oksimana. "PERTANGGUNGJAWABAN PIDANA KORPORASI DALAM ILLEGAL FISHING DI INDONESIA." Jurnal Yudisial 11, no. 2 (August 30, 2018): 171. http://dx.doi.org/10.29123/jy.v11i2.292.

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ABSTRAKIllegal fishing adalah kegiatan penangkapan ikan yang bertentangan dengan perundang-undangan suatu negara atau ketentuan internasional. Mengingat kerugian yang ditimbulkannya sangat besar dan sebagian besar pelakunya adalah korporasi, maka perlu dikaji bagaimana pertanggungjawaban pidana korporasi terhadap tindak pidana ini. Tulisan ini mengkaji bagaimana Putusan Nomor 01/PID.SUS/PRK/2015/PN.AMB terhadap kapal asing yang melakukan praktik illegal fishing di perairan Indonesia. Metode analisis yang diterapkan untuk menjawab permasalahan adalah dengan menggunakan metode yuridis kualitatif. Pelaku tindak pidana illegal fishing di wilayah perairan Indonesia secara umum adalah setiap orang yang diartikan perseorangan atau korporasi. Dalam hal pertanggunggjawaban pidana korporasi disebutkan dalam Pasal 101 Undang-Undang Nomor 31 Tahun 2004 tentang Perikanan jo. Undang-Undang Nomor 45 Tahun 2009 tentang Perubahan Atas Undang-Undang Nomor 31 Tahun 2004 tentang Perikanan, diketahui bahwa Indonesia masih menganut sistem pertanggungjawaban yang kedua, yaitu korporasi sebagai pembuat dan pengurus yang bertanggung jawab. Hal ini tampak tidak sebanding dengan efek dari kejahatan yang dilakukan. Oleh karena itu, perlu diadakan revisi terhadap undang-undang tersebut, sehingga korporasi sebagai pelaku kejahatan yang sesungguhnya dapat dimintai pertanggungjawaban dan dijatuhi sanksi pidana.Kata kunci: hukum laut dan perikanan, pertanggungjawaban pidana korporasi, illegal fishing. ABSTRACT Illegal fishing refers to activities which contravene a state’s fisheries law and regulations, or international conventions. Considering that the losses incurred are so massive and most of the perpetrators are corporations, the corporate criminal liability for this crime should be appraised. This paper examines how the Ambon District Court Decision Number 01/PID.SUS/PRK/2015/ PN.AMB responds to foreign vessels conducting illegal fishing in Indonesian waters. The problem was analyzed using qualitative juridical methods. The perpetrators of illegal fishing in Indonesian territorial waters in general are anyone as an individual or corporation. In corporate criminal liability, as stated in Article 101 of Law Number 31 of 2004 concerning Fisheries, Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries, Indonesia still adheres to the second system of liability, in which the corporation as the responsible decision maker and board. This seems to be out of proportion to the effects of the crimes committed. Therefore, it is necessary to revise the law, so that corporation as the perpetrator can actually be held accountable and become a legal subject to criminal sanctions. Keywords: marine and fisheries law, corporate criminal liability, illegal fishing.

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Kobets, P. N. "Legal bases for prosecution of medical staff for illegal acts during the soviet and post-soviet periods." Russian Journal of Economics and Law 16, no. 1 (March 18, 2022): 106–21. http://dx.doi.org/10.21202/2782-2923.2022.1.106-121.

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Objective: to study the historical retrospective of the Soviet (1917-1991) and post-Soviet (1991 – present) periods of healthcare, the evolution of their legal support; to conduct a comprehensive criminological study and analysis of the criminal liability of medical staff who committed illegal acts in the historical periods under consideration.Methods: the methodological basis of the study was the methods of analysis, synthesis, comparison, formal and logical approach. In addition, the author used specific scientific methods, including the historical one.Results: in general, the analysis of the legal foundations of criminal prosecution of medical staff who committed illegal acts during the Soviet and post-Soviet period suggests that the institute of legal liability of medical staff, the medical science and practice developed in parallel under the influence of social, economic and political factors. Since the beginning of the Soviet period, the issues of liability of medical staff have caused numerous disputes among both researchers and practitioners, and today these disputes continue and do not subside. At the same time, it is important to emphasize that the Russian legislative system in the field of healthcare has always been formed solely with the special attitude of the state and society to medical staff, who were perceived as guardians of the health of the citizens and enjoyed their confidence, which in turn gave rise to special caution and responsibility among medical personnel.Scientific novelty: the study is distinguished by the author’s unique approach, which allowed stating the social conditionality of legal prohibitions for the illegal acts under consideration, as well as the causal relationship between the regulatory legal framework formed and the social consequences generated by it in the Soviet and post-Soviet periods.Practical significance: the conclusions obtained by studying the genesis of the problems related to the liability of medical personnel for committing illegal acts will contribute to the development of a scientific understanding of the essence of the phenomenon under consideration, as well as the identification of a modern causal complex contributing to the occurrence of these illegal acts.

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Movchan, R. O., A. A. Vozniuk, D. V. Kamensky, O. O. Dudorov, and A. V. Andrushko. "Problems of criminal liability for illegal amber mining in Ukraine." Naukovyi Visnyk Natsionalnoho Hirnychoho Universytetu, no. 6 (2021): 113–17. http://dx.doi.org/10.33271/nvngu/2021-6/113.

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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.

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Mohd Zakuan, Zeti Zuryani, and Rahmah Ismail. "ILLEGAL MEDICAL PRODUCT AND CONSUMER PROTECTION IN MALAYSIA." International Journal of Law, Government and Communication 6, no. 25 (September 1, 2021): 01–08. http://dx.doi.org/10.35631//ijlgc.625001.

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The demand for medical products increases dramatically due to the outbreak of the COVID-19 pandemic. In this instance, unscrupulous traders are seen to be taking advantage of the situation by selling illegal medical products. These illegal products can be toxic and pose a severe health risk to consumers, as they may include the wrong ingredients, ineffective ingredients, or no active ingredients. One of the factors identified in the increase in the sale of illegal medical products is the ineffectiveness of the existing law to act as a deterrent. Growth in the activity is because the profits gained from selling the products are much higher than the fine imposed. By adopting doctrinal research and using content analysis methods, the article aims to identify the protection conferred to consumers concerning illegal medical products under the existing law. The article further examined the liability imposed on the manufacturer for a defective product which resulted in consumer suffers injury. It is submitted that the primary legislation, which is the Consumer Protection Act 1999, is ineffective in protecting consumers concerning illegal medical products. Thus, reference is made to the German Medicinal Product Act, which provides for liability of the manufacturer for the medicinal products.

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33

Indar, Lisar Wirailham, Slamet Sampurno, Nur Azisa, and Alwy Arifin. "Criminal Liability of Illegal D Rug Traffickers in Makassar City." Indian Journal of Public Health Research & Development 10, no. 1 (2019): 1237. http://dx.doi.org/10.5958/0976-5506.2019.00225.0.

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34

Dedkova, Tatyana A., and Egor I. Andreev. "PROBLEMS OF LIABILITY FOR ILLEGAL LOGGING IN THE RUSSIAN FEDERATION." Ugolovnaya yustitsiya, no. 12 (December 1, 2018): 127–31. http://dx.doi.org/10.17223/23088451/12/25.

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35

Kovalenko, Tatyana S. "ISSUES OF BRINGING TO THE CRIMINAL LIABILITY FOR ILLEGAL ENTREPRENEURSHIP." Russian investigator 5 (May 20, 2020): 43–46. http://dx.doi.org/10.18572/1812-3783-2020-5-43-46.

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36

Shestak, Viktor A. "The Criminal Liability for Illegal Migration in Modern US Laws." Migration law 1 (April 1, 2020): 29–33. http://dx.doi.org/10.18572/2071-1182-2020-1-29-33.

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37

Anisimov, Valeriy F., Vladislav V. Grib, and Valeriy F. Lapshin. "PECULIARITIES OF EXERCISING THE CRIMINAL LIABILITY FOR ILLEGAL BANKING ACTIVITIES." Banking law 5 (September 25, 2019): 65–73. http://dx.doi.org/10.18572/1812-3945-2019-5-65-73.

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38

Clark, B. "Illegal downloads: sharing out online liability: sharing files, sharing risks." Journal of Intellectual Property Law & Practice 2, no. 6 (May 3, 2007): 402–18. http://dx.doi.org/10.1093/jiplp/jpm070.

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39

Цирин, Артем, Artem Tsirin, Сергей Зырянов, and Sergey Zyryanov. "Administrative Liability for Illegal Remuneration on Behalf of Legal Person." Journal of Russian Law 3, no. 2 (February 4, 2015): 0. http://dx.doi.org/10.12737/7545.

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The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.

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40

Tuerk, Helmut. "Liability of international organisations for illegal, unreported and unregulated fishing." Indian Journal of International Law 55, no. 2 (May 2015): 161–76. http://dx.doi.org/10.1007/s40901-015-0010-3.

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41

Zhilkin, M. G. "On the question of criminal liability for unfinished illegal entrepreneurship." СОЮЗ КРИМИНАЛИСТОВ И КРИМИНОЛОГОВ 2 (2021): 110–15. http://dx.doi.org/10.31085/2310-8681-2021-2-208-110-115.

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42

DEMINA, O. P. "FOREIGN EXPERIENCE OF CRIMINAL LIABILITY FOR ILLEGAL ABORTION OR STERILIZATION." Law and Society, no. 2 (2021): 147–51. http://dx.doi.org/10.32842/2078-3736/2021.2.22.

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43

MIKHALENKO (KALININA), Yuliya Vladimirovna, Ekaterina Gennadievna SHADRINA, and Asel Ibragimovna RASHIDOVA. "On the Issue of Criminal Prosecution for Market Abuse in Russia and the EU." Journal of Advanced Research in Law and Economics 9, no. 4 (June 30, 2018): 1362. http://dx.doi.org/10.14505//jarle.v9.4(34).23.

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The securities market is the most attractive area for its bad-faith participants. The transactions are often accompanied by illegal use of insider information and market manipulation, that jeopardizes the economic security of the state and destructively affect the stability of the market. In this regard, the application of liability for the illegal use of insider information and market manipulation becomes an urgent issue. Using scientific research methods, the authors analyze the approaches of European and Russian lawmakers to the issue of criminal prosecution for market abuse and come to the conclusion that there is a need for an integrated approach to improving criminal liability for these offenses; propose changes in the current Russian legislation.

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44

Raffer, Kunibert. "Risks of Lending and Liability of Lenders." Ethics & International Affairs 21, no. 1 (March 2007): 85–106. http://dx.doi.org/10.1111/j.1747-7093.2007.00062.x.

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Risk and liability change the initially stipulated terms of contracts, overruling their otherwise binding nature. Risk encourages careful assessment of debtors' abilities to service debts. Errors and negligence in assessment, and even external shocks, make creditors suffer losses. Disregarding one's duty of care or professional standards, or engaging in tortious or illegal behavior makes actors liable to compensate for any resulting damage—a necessary systemic element of the framework markets need to function well. Neither mechanism was allowed to work properly in sovereign lending.This essay analyzes why risk and liability are necessary mechanisms of well-functioning markets, and discusses how risk can be handled. In the United States, inappropriate regulatory norms hindered providing against risk in the case of sovereign debt. The absence of liability—a market imperfection—has produced debts no decent legal system would recognize as legitimate domestic debt, thus aggravating the sovereign debt problem, and giving rise to concepts such as criminal, odious, and illegal debts. Discriminating sovereign debtors and disobeying the rule of law caused market distortions, resulting in not only grave damages to debtors, but also losses to creditors that the mechanisms risk and liability would have avoided. Finally, I briefly present proposals to repair these shortcomings in order to avoid the disasters of the past.

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Augustynowicz, Anna, Iwona Wrześniewska-Wal, and Dorota Cianciara. "The scope of compulsory insurance of civil liability of a medical diagnostic laboratory." Diagnostyka Laboratoryjna 54, no. 2 (July 18, 2019): 113–16. http://dx.doi.org/10.5604/01.3001.0013.7696.

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The article discusses the subject matter of the mandatory liability insurance of a medical diagnostic laboratory. The civil liability insurance contract covers all damages caused by the insured’s action or omission, which took place during the period of insurance cover resulting from the laboratory diagnostics or illegal discontinuation of their performance. Insurance cover does not cover damages resulting from violation of patient’s rights.

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46

Obolensky, Y. B. "EXEMPTION FROM CRIMINAL LIABILITY FOR THE ACTIVITIES OF ORGANIZED CRIMINAL ASSOCIATIONS." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 1 (2021): 126–30. http://dx.doi.org/10.37279/2413-1733-2021-7-1-126-130.

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The work is devoted to the analysis of the issue of exemption from criminal liability for the activities of stable criminal associations, namely: terrorist community, terrorist organization, illegal armed formation, criminal community (criminal organization). The expediency of establishing the conditions for exemption from criminal liability for committing a crime under Art. 209 of the Criminal Code of the Russian Federation.

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J., Locke. "Contracting Out, Grievance Procedure and Union Liability." Jurisprudence du travail 15, no. 2 (February 4, 2014): 249–63. http://dx.doi.org/10.7202/1022036ar.

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Summary Though the preferential wiring clause did not apply to an independant contractor, the union could not put him off the job, the matter beeing one which should have been dealt with accordingly under the grievance procedure clause. The union a legal entity, by the use of illegal means, caused damage to the respondent and is liable in damages for its wrongful acts, through the act of the union was not done in connection with a trade dispute.

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48

MIRON, Adriana. "THE COMPLEXITY OF THE INTERNATIONAL LIABILITY OF STATES." Bulletin of the Transilvania University of Braşov Series VII Social Sciences • Law 14(63), no. 2 (January 20, 2021): 427–34. http://dx.doi.org/10.31926/but.ssl.2021.14.63.2.27.

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The international liability of states does not have a consensual regulation, it is based on the perpetration by the state of an act that can be considered illegal, consisting in the violation of an international obligation, and in order to engage the international liability of states, it must be analyzed, in each concrete case, if the constitutive elements of the liability are met, starting with the existence or not of an international obligation for the state in question, but not in a normative framework as strict as in the case of the international criminal liability of individuals.

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Taran, O. V., and O. G. Sandul. "Criminal Liability for Illicit Trafficking of Radioactive Materials." Nuclear and Radiation Safety, no. 3(79) (August 28, 2018): 66–70. http://dx.doi.org/10.32918/nrs.2018.3(79).10.

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The nuclear energy use progressively becomes part of the life of every modern person, who more and more faces radioactive materials in medical institutions, in industry. Half of all electricity generated in Ukraine is generated by nuclear power plants. The peculiarities of the nuclear energy use generate appropriate rules for people dealing with radioactive materials. The article analyzes the standards of the Criminal Code of Ukraine, which provides for liability for acts related to the illegal handling of radioactive materials, for violation of the nuclear and radiation safety rules, violation of radiation safety requirements, the threat of theft of radioactive materials, the illicit manufacturing of a nuclear explosive device, abduction or capture of radioactive materials, attack on radioactive materials transportation means. The grounds and peculiarities for bringing to criminal liability have been reviewed, the range of persons who can be prosecuted has been defined. Conditions and grounds for exemption from criminal liability in the absence of a person's criminal intent to use radioactive material are considered. It has been demonstrated that the Criminal Code of Ukraine, by prohibiting certain actions on the illegal radioactive materials handling, ensures protection of the most important social relations and social benefits.

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Tommasi, Sara. "The Liability of Internet Service Providers in the Proposed Digital Services Act." European Review of Private Law 29, Issue 6 (December 1, 2021): 925–44. http://dx.doi.org/10.54648/erpl2021048.

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The intent of the essay is to verify if the Proposal on a Single Market For Digital Services (Digital Services Act), in the part where it aims to define the provider’s liability for illegal activity or illegal content stored at the request of a recipient of the hosting service, ends up providing greater protection for the passive provider than the Electronic Commerce Directive. It is also the intent to examine to what extent the actual increased protection of the passive provider is compensated for by greater rigor in ruling out the possibility of the providers playing an active role in hosting.

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