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Journal articles on the topic 'Other measures of criminal nature'

Author: Grafiati

Published: 28 May 2022

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1

Nepomnyashchaya, Tatiana. "OTHER MEASURES OF CRIMINAL-LEGAL NATURE: DEFINITION, LEGAL NATURE, SYSTEM." Law Enforcement Review 1, no. 1 (2017): 114–21. http://dx.doi.org/10.24147/2542-1514.2017.1(1).114-121.

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2

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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3

Laptev, D. B., and A. A. Fedorov. "Classification of Other Criminal Measures on Targeting and Alternative (Conjugacy) Punishment." Rossijskoe pravosudie 6 (May 26, 2021): 99–104. http://dx.doi.org/10.37399/issn2072-909x.2021.6.99-104.

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The article explores approaches to content of classification and principles of its construction. It is proposed to define the classification of other measures of a criminal legal nature as a slender, logically consistent set of individual categories (groups), including the distribution of other measures of a criminal legal nature, based on independent and subordinate classification grounds. The authors attempt to develop scientifically based grounds for classifying other criminal legal measures on the purpose and alternative (conjugation) of punishment. Other criminal legal measures applicable

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Laptev, Dmitry B. "Subordination, reordination and coordination ties in the structure of other measures of a criminal-legal nature." Vestnik of Saint Petersburg University. Law 12, no. 4 (2021): 1003–16. http://dx.doi.org/10.21638/spbu14.2021.412.

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In order to determine the specifics of subordination, reordination and coordination ties in the structure of other measures of a criminal-legal nature, the content of the system of these measures is analysed, in which it is proposed to include measures related to isolation or restriction of personal freedom and measures related to the restriction of property rights. It is suggested to define a system of other measures of a criminal-legal nature as a holistic set, built on a hierarchical principle and divided into two subsystems, the normative reflection of which takes place in the provisions o

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O.V., Yermak. "ON ISSUE CONCERNING TYPES OF OTHER CRIMINAL AND LEGAL MEASURES FOR JUVEMILES: NORMATIVE APPROACH." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2020, no. 2 (2020): 7–16. http://dx.doi.org/10.32755/sjcriminal.2020.02.007.

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Much attention in society is given to the problem of the impact of criminal and legal measures on juvenile offenders but it does not lead to radical change. Juveniles often commit various types of criminal offenses related to drug use and violence. In the process of analyzing the Criminal Code of Ukraine and special literature in order to study the legal nature of other measures of criminal law applicable to minors, the following their types are investigated: coercive measures of medical nature, special confiscation and coercive measures of educational nature. In order to treat, improve the me

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6

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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7

Васеловская, Александра Викторовна. "Legal nature of compulsory medical measures: criminal legal and criminal executive aspects." Vestnik Kuzbasskogo instituta, no. 3(40) (September 25, 2019): 18–29. http://dx.doi.org/10.53993/2078-3914/2019/3(40)/18-29.

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Предметом рассмотрения в настоящей статье стали общественные отношения, возникающие в связи с применением предусмотренных уголовным законом принудительных мер медицинского характера. Основной задачей автора в рамках заявленного предмета стало выявление правовой природы принудительных мер медицинского характера. В процессе работы над статьей были использованы как общенаучные (анализ, синтез), так и частнонаучные методы исследования (формально-юридический, логико-языковой). Посредством применения указанных методов был проведен комплексный анализ представленных на современном этапе развития науки

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8

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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9

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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10

Laptev, D. B. "On the Issue of other Measures of a Criminal-Legal Nature in the Structure of Criminal Law Influence." RUSSIAN JUSTICE 2 (February 2019): 57–61. http://dx.doi.org/10.17238/issn2072-909x.2019.3.57-61.

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11

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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12

O.V., Yermak, and Suprun H.H. "Comparative and legal analysis of appying compulsory measures of educational nature to minors in Ukraine and some foreign countries." Scientific Herald of Sivershchyna. Series: Law 2020, no. 3 (2020): 79–88. http://dx.doi.org/10.32755/sjlaw.2020.03.079.

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Minors’ criminal behavior has become a significant problem for the state for a long time. Today it attracts a lot of public attention. Scholars state the need for a detailed analysis and reform of coercive measures of educational nature against minors in order to modernize the arsenal of special means of combating and preventing child crime. At the same time, special forms of criminal law response to children and adolescents’ criminal illegal actions remain poorly studied. In order to study the state of criminal law enforcement of some coercive measures of educational nature in more details, t

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13

Andrianov, Vladimir K. "The Nature of the Institution of Confiscation of Property and its Application." Rossijskoe pravosudie, no. 12 (November 25, 2021): 93–104. http://dx.doi.org/10.37399/issn2072-909x.2021.11.93-104.

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Legislative reform in respect of forfeiture, having returned it in 2006 in the Criminal Code of the Russian Federation, but in an altered status – other measures of a criminal-legal nature – after its exclusion in 2003 as a form of punishment, made a confiscation as one of the most difficult problem and controversial in the doctrine of criminal law. This is due not only to the attribution of confiscation of property to the category of other measures of a criminal-legal nature as in itself still insufficiently defined and highly controversial, but also by the inter-sectoral nature of the proble

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14

Nazarenko, G. V. "REGULATION OF COERCIVE MEASURES OF A MEDICAL NATURE." Proceedings of the Southwest State University 21, no. 2 (2017): 164–68. http://dx.doi.org/10.21869/2223-1560-2017-21-2-164-168.

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The article is devoted to the legislative regulation of compulsory medical measures. The author shows that the legislative regulations of such measures are not limited to the criminal legislation norms. A number of articles regulating compulsory treatment are envisioned by the Law on Psychiatric Care, as well as other federal regulations. However, the legislative recommendation of coercive measures of medical nature has gaps regarding the implementation of such measures. The article reveals compulsory measures of medical nature, appointed and applied against pedophiles. The author draws attent

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15

Korneev, Sergey A. "The socio-legal nature of compulsory medical measures in accordance with the criminal legislation of Russia and Mongolia." Yugra State University Bulletin 17, no. 3 (2021): 91–98. http://dx.doi.org/10.17816/byusu20210391-98.

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The subject of this study is the institute of compulsory medical measures. Goal. This study involves determining the essence of compulsory medical measures in accordance with the criminal legislation of the Russian Federation and Mongolia, as well as scientific justification of the need to distinguish between criminal liability and other measures of criminal legal influence applied to persons who have committed an act prohibited by criminal law. Methodology. The methodological basis of this study is presented by the dialectical method of scientific cognition. In the course of the r

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16

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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17

Lapshin, Valery, and Sergey Korneev. "Social distributional aspect of penal actions." E3S Web of Conferences 135 (2019): 04063. http://dx.doi.org/10.1051/e3sconf/201913504063.

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Criminal legislation of any state provided at the initial stages of its development for punishment as the only measure of criminal law influence on a person committing a socially dangerous act. Moreover, the types of punishment mainly boiled down to long periods of isolation of the convicted person from society: hard labor and imprisonment. Only in the middle of the twentieth century Russian legislation ensured the distinction between the categories of “criminal punishment” and “criminal liability”, although the official definition has not yet been formulated. The main legally significant sign

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18

Skripchenko, N. Yu, and S. V. Anoshchenkova. "Criminal Misconduct: An Objective Need or a Declared Necessity?" Actual Problems of Russian Law 16, no. 11 (2021): 142–54. http://dx.doi.org/10.17803/1994-1471.2021.132.11.142-154.

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The actively defended idea of the Supreme Court of the Russian Federation on the inclusion of an offencse of criminal misconduct in the criminal legislation was reflected in the revised draft federal law submitted to the Parliament on October 13, 2020. The purpose of the study is to determine the key changes in the content of the institutions of criminal misconduct and other measures of a criminal law nature proposed for consolidation in the Criminal Code of the Russian Federation, to assess the objective need of the reforms initiated by the Supreme Court of the Russian Federation. The methodo

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19

Grigoryan, I. G. "Problems of legal regulation of certain forms of state bodies assistance in the work of penal inspections on execution of penalties and other criminal measures." Penitentiary Science 14, no. 3 (2020): 349–53. http://dx.doi.org/10.46741/2686-9764-2020-14-3-349-353.

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The paper analyzes the problematic issues related to the legal regulation of assistance to state bodies in the work of penal inspections for the execution of sentences and measures of a criminal-legal nature that are not related to isolation from society. Measures of procedural coercion in the form of bringing convicts evading to appear at the court session are considered, the possibility of additional regulation of the forced bringing of all convicts to punishments and measures of a criminal law nature is studied. Amendments to the relevant regulatory legal acts, according to the author, sign

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20

Georgievich Babichev, Arseniy, and Elmira Robertovna Khakimova. "Legal Nature of Terrorist Crimes in Russian Legal System." Ius Humani. Law Journal 10, no. 2 (2021): 149–60. http://dx.doi.org/10.31207/ih.v10i2.286.

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The article examines the legal nature of terrorism from the Russian legal system point of view. The relevance of the research stems from the large scale, sophistication, and cruelty with which terrorist crimes have been committed over the recent decades. Terrorism has nowadays become a global threat, and any government, including government of the Russian Federation, must take it into consideration when formulating its domestic and foreign policy. In countering terrorist crimes, current regulations of the Criminal Code of Russian Federation take rather important part. Punishment differentiatio

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21

LATYSHEVA, L. A. "Features of Criminal Liability of Women in the Legislation of Ancient Rus." Ius Publicum et Privatum 3, no. 13 (2021): 55–59. http://dx.doi.org/10.46741/2713-2811-2021-3-55-59.

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The article investigates the features of appointment and execution of criminal penalties against women in the legislation of Ancient Rus on the example of the provisions of Russkaya Prostrannaya Pravda (“Russian Extensive Truth”), the Charter of Prince Yaroslav and other historical sources. We should note that punishments and other measures of a criminal-legal nature applied to women during the formation of the state in Rus differ in a number of specific features and characteristics. In particular, during this period, a number of crimes committed only by women were highlighted: crimes against

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22

Saenko, Aleksey N. "MEASURES TO REGULATE CRYPTOCURRENCY: FROM AFRICAN COUNTRIES SPECIFICITY TO CHINESE TOTAL CONTROL." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 2/2, no. 122 (2022): 92–101. http://dx.doi.org/10.36871/ek.up.p.r.2022.02.02.011.

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The article is devoted to the path of the formation of cryptocurrency from electronic money and the formation of the system as a whole. The history of the issue and the stages of the formation of virtual money turnover are analyzed in order to understand the cause-and-effect relationships occurring in the cryptocurrency market today using the example of the countries of Africa and China as a totalitarian regulator. The article examines the international and national level of cryptocurrencies regulation. The article studies the mechanisms that affect cryptocurrencies as a progressive phenomenon

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23

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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24

Туренко, Д. В. "Issues of Legal Regulation of Applying Coercive Measures of Medical Nature in International and Legal Acts and Legislation of Certain Foreign Countries." Law and Safety 80, no. 1 (2021): 173–79. http://dx.doi.org/10.32631/pb.2021.1.24.

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The author has researched the main provisions of legal regulation in international and legal acts and national laws of some European Union countries and other foreign countries, where the possible application of coercive measures of a medical nature by courts, as well as decisions of the European Court of Human Rights on this category of criminal proceedings are regulated. The basic provisions, norms and differences of legal regulation of the application of coercive measures of medical nature in the legislation of certain foreign countries have been established. The implementation of internati

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25

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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26

Korneev, S. A. "THE TRUE PLACE OF THE JUDICIAL FINE IN THE CONSTRUCTION OF THE CRIMINAL LAW." Law Нerald of Dagestan State University 38, no. 2 (2021): 126–30. http://dx.doi.org/10.21779/2224-0241-2021-38-2-126-130.

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The article is devoted to the judicial fine, which was fixed in the Criminal Code of the Russian in July 2016 (Article 762 , Chapter 152 of the Criminal Code of the Russian Federation). The content of these normsnovels indicates a deviation of the legislator from the postulates developed in the science of Soviet criminal law on the essence of criminal responsibility and other measures of a criminal legal nature. This points to the need for an in-depth doctrinal study of the judicial penalty. The purpose of the work is to determine the essence of the court fine and its place in the design of th

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27

Nikolaienko, Tetiana, Viktoria Babanina, and Tetiana Bohdanevych. "Special Confiscation as a Measure of Criminal Law under Ukrainian Legislation." Journal of Politics and Law 14, no. 1 (2020): 19. http://dx.doi.org/10.5539/jpl.v14n1p19.

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The article is devoted to the study of special confiscation as a measure of criminal law, other than punishment, which was introduced into the legislation of Ukraine on the way of transformation and reformation of the institution of confiscation of property. The study found that the emergence of special confiscation was dictated primarily by Ukraine&#39;s choice of European integration and the need to fulfil its obligations to bring domestic criminal law in line with European standards and international legal practice in combating crime.   The article notes that today the confi

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28

Nikolaienko, Tetiana, Viktoria Babanina, and Tetiana Bohdanevych. "Special Confiscation as a Measure of Criminal Law under Ukrainian Legislation." Cuestiones Políticas 39, no. 68 (2021): 824–43. http://dx.doi.org/10.46398/cuestpol.3968.54.

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Through a documentary methodology the article is devoted to the study of special confiscation as a measure of criminal law, which was introduced in Ukrainian legislation on the path of transformation and reform in the institution of confiscation of property. The study found that the emergence of a special forfeiture was mainly dictated by Ukraine's choice of European integration and the need to fulfil its obligations to bring domestic criminal law into line with European standards and international legal practice in the fight against crime. The article discusses the provisions of criminal law

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29

Kinyanzui, Jane Waithira Kimani. "Functionality of Kenya Prisons Service in Managing Terrorist Prison Criminal Group Activities at Kamiti Maximum Prison, Nairobi Kenya." Advances in Social Sciences Research Journal 8, no. 2 (2021): 611–20. http://dx.doi.org/10.14738/assrj.82.9787.

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Prisons all over the world have become the ‘epicenter’ of terrorist groups' activities that include violent extremism, radicalization and recruitments into terrorist prison criminal groups. Although many scholars, especially in Kenya, have not scratched this area, the fact remains that prisons have become a center of terrorist recruitment, strengthening, interconnecting, organizing, and conducting terrorist actions with subjects outside of prison. This study, therefore, was designed to evaluate the Kenya Prisons Service's functionality in managing Terrorist Prison criminal group Activities at

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Mi, Slađana, and Dragana Mitrović. "SAFETY MEASURE OF MANDATORY TREATMENT FREEDOM OF ALCOHOLICS (STANDARD AND PRACTICE)." Journal of Criminology and Criminal Law 59, no. 2 (2021): 143–60. http://dx.doi.org/10.47152/rkkp.59.2.9.

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In accordance with modern understandings of criminal law science and solutions present in the comparative criminal legislation, the Criminal Code of the Republic of Serbia pays special attention to security measures as special and above all specific criminal sanctions. They are one of the four types of criminal sanctions provided for in this legal text. Among the eleven security measures, four are of a medical nature and they differ in a number of features, not only in relation to other criminal sanctions, but also other security measures. One of the medical safety measures is the obligatory t

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Вершинина, Светлана, and Svetlana Vershinina. "On Legal Nature, Concept and System of Criminal-Procedural Coercion." Journal of Russian Law 4, no. 5 (2016): 0. http://dx.doi.org/10.12737/19095.

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Revealing the legal nature of criminal procedural coercion, the author recognizes its dependency on the procedural obligations of the parties to the judicial procedure which, being enshrined in the existing law, form a model of proper behavior and determine the kind, scope and content of possible and necessary force in criminal proceedings. On this basis the author analyzes the procedure presented in the science, definition of the concept and system of criminal procedural coercion and concludes about the multidimensionality of understanding the procedural coercion and the need for its research

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32

Santashov, A. L., and N. М. Efremova. "The use of compulsory medical measures against convicts: problems of differentiation and individualization." Institute Bulletin: Crime, Punishment, Correction 13, no. 1 (2019): 85–90. http://dx.doi.org/10.46741/2076-4162-2019-13-1-85-90.

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The subject of research in the article was the theoretical and applied problems of the application of compulsory measures of a medical nature to those sentenced to imprisonment. The author addresses the legal aspects of the phenomenon under study, analyzes current trends in criminal policy and foreign experience. It has been established that in most countries compulsory medical measures are considered as a type of other criminal law measures (security measures). The purpose of the study is to give an objective description of the relevant means of differentiation and individualization, to ident

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33

Lanshakov, D. S. "CRIMINAL PROCEDURAL PROBLEMS IN IMPROVING LEGISLATION TO COUNTERACT THE DISCLOSURE OF INFORMATION ON MEASURES TO PROTECT INDIVIDUALS IN CRIMINAL PROCEEDINGS." Bulletin of Udmurt University. Series Economics and Law 30, no. 1 (2020): 99–104. http://dx.doi.org/10.35634/2412-9593-2020-30-1-99-104.

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The improvement of the security process of citizens' participation in a criminal case is guaranteed by various legal means, among which the legal protection on the basis of Federal Law No. 45-FZ “On state protection of judges, law enforcement and supervisory authorities” and Federal Law No. 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” holds a special place. The criminal legislation of the Russian Federation provides for an independent Article 311, which establishes criminal liability for disclosing information on security measures of partici

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34

Rozenko, S. V. "EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT." Russian Family Doctor, no. 1 (December 15, 2020): 46–52. http://dx.doi.org/10.17816/rfd10678.

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The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacte

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35

Rozenko, S. V. "EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT." Russian Family Doctor, no. 1 (December 15, 2020): 46–52. http://dx.doi.org/10.17816/rfd10710.

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The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacte

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Rozenko, S. V. "EVOLUTION OF PUNISHMENT IN RUSSIAN CRIMINAL LAW:PROBLEMS OF CONSISTENCY AND IMPROVEMENT." Yugra State University Bulletin 16, no. 1 (2020): 46–52. http://dx.doi.org/10.17816/byusu20200146-52.

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The article analyzes the evolution of punishment in Russian criminal law and scientific doctrine. The article considers the dynamics of development and improvement of the definition of punishment in the Soviet and Russian criminal legislation. The refusal of punishment in punishment is analyzed, which is explained by the development of several trends of mitigation of punishment. Changes in many provisions on punishment confirm that this institution has a social and legal necessity and importance for society and the state. Is considered a long process of exclusion from the punishment uncharacte

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Gаrbatovich, Denis A. "Voluntary Refusal and Unapproachable Criminal-Legal Acts." Rossijskoe pravosudie, no. 3 (February 24, 2022): 89–98. http://dx.doi.org/10.37399/issn2072-909x.2022.3.89-98.

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The article raises the problem of the absence of a generally accepted opinion on the legal nature of voluntary refusal to commit crimes, as well as actions directly aimed at committing a crime before the legal end of the crime. The purpose of the work is to reveal the criminal-legal nature of acts aimed at committing a crime. Tasks: 1) determine the legal nature of the voluntary refusal to commit a crime; 2) find out the criminal legal nature of the acts that are aimed at committing a crime; 3) consider the acts that are aimed at committing a crime, through their correlation with other legal f

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Ivanov, Dmitriy Aleksandrovich. "Harm Caused by a Crime to a Legal Entity: Criminal Legal, Criminal Intelligence and Criminal Procedural Aspects of Comparative Legal Research." Revista Gestão Inovação e Tecnologias 11, no. 2 (2021): 1377–85. http://dx.doi.org/10.47059/revistageintec.v11i2.1764.

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The authors analyse the existing problems related to the determination of the extent and nature of harm caused by a crime to a legal entity in accordance with the legislation of Russia and Vietnam in theory and practice. According to the authors, the current legislation of Russia and Vietnam defines various methods, the use of which makes it possible to determine the characteristics of harm for a victim – a legal entity, such as: the investigative proceedings, the conduct of criminal intelligence measures, the examination of documentary records, audits, and other studies. At the end of the res

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Komarnytsky, Oleg. "FOREIGN EXPERIENCE OF APPLICATION OF JUDICIAL FINE AS ANOTHER MEASURE OF CRIMINAL LEGAL NATURE." Law Journal of Donbass 73, no. 4 (2020): 20–26. http://dx.doi.org/10.32366/2523-4269-2020-73-4-20-26.

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The article analyzes the provisions of the current Criminal Codes of the countries of the Romano-Germanic legal family on the conditions and procedure for applying a court fine as another measure of a criminal-legal nature. The article considers the normative possibility of exemption from criminal liability due to certain procedural circumstances. It is concluded that within the framework of modern criminal law of a small number of individual states, there are two main types of exemption of a person from criminal liability by paying him a judicial or a similar fine. It is concluded that the in

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ABDALOV, K. A., and A. A. MOKEROVA. "Compulsory measures of a medical nature as a comprehensive legal institution." Ius Publicum et Privatum 2, no. 12 (2021): 102–6. http://dx.doi.org/10.46741/2713-2811-2021-2-102-106.

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The article is devoted to the disclosure of some theoretical problems associated with the improvement of the institution of compulsory medical measures, taking into account the principles of modern criminal law and legal proceedings. The complex and intersectoral nature of this institution is shown. The analysis of scientific discussions on the question of rethinking the goals of compulsory measures of a medical nature, their essence and significance for the interests of justice and solving the problems of the effectiveness of criminal punishment and other measures of a criminal law nature. Th

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Oliinychenko, Anhelina Yevhenivna. "Problem of criminal legal qualification of domestic violence in law enforcement practice." Herald of the Association of Criminal Law of Ukraine 2, no. 16 (2021): 139–61. http://dx.doi.org/10.21564/2311-9640.2021.16.243740.

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Domestic violence is a phenomenon that can take the form of a socially dangerous act and be qualified as a crime under Art. 126-1 of the Criminal Code of Ukraine and other articles of the Criminal Code of Ukraine. It is the correctness of the criminal legal qualification of domestic violence that became the subject of our study.  The lack of systematic interpretation of Art. 126-1 of the Criminal Code of Ukraine leads in practice to the fact that the courts decide completely differently on the qualification of actions of a person. After all, domestic violence can be a manifestation of bo

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Duffy, Helen. "“Foreign Terrorist Fighters”: A Human Rights Approach?" Security and Human Rights 29, no. 1-4 (2018): 120–72. http://dx.doi.org/10.1163/18750230-02901010.

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This article reflects on the proliferation of responses to the so-called phenomenon of “foreign terrorist fighters,” and the profound human rights challenges they give rise to. It considers national, regional and international developments, many spurred by an activist Security Council, through which expanded powers have been assumed and rights restricted by reference to the need to respond to ftf threats. A series of uncomfortable relationships emerge from this analysis. They include for example tensions: between the evolving and still relatively superficial understanding of the nature and sou

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Turenko, D. V. "Problematic issues of Criminal and Criminal Procedural Legislation in Applying Coercive Medical Measures." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (2020): 258–70. http://dx.doi.org/10.32631/v.2020.2.24.

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The author of the article proves that the possibility for a court to apply coercive medical measures to an insane person who has committed a socially dangerous act is regulated by the norms of the law on criminal liability and the provisions of the criminal procedural legislation of Ukraine. Their implementation is carried out in the interaction of substantive and procedural law, in particular in certain forms of criminal liability and in measures that are not covered by criminal liability, but are called criminal coercion, and is resolved through individual procedural institutions. The scient

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Barkhatova, E. N. "Doctrinal issues of criminal responsibility in Russian criminal law." Actual Problems of Russian Law, no. 8 (September 20, 2019): 128–35. http://dx.doi.org/10.17803/1994-1471.2019.105.8.128-135.

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The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined

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Milone, Sofia. "On the borders of criminal law. A tentative assessment of italian “non-conviction based extended confiscation”." New Journal of European Criminal Law 8, no. 2 (2017): 150–70. http://dx.doi.org/10.1177/2032284417711573.

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The article discusses the legitimacy of “non-conviction based extended confiscation” and proposes an assessment of this measure under the principle of proportionality. So far, the analysis has mainly focused on the qualification of the measure as punitive or preventive, in order to ascertain the relevance to its assessment of the principles governing criminal sanctions. After showing that the issue of the nature of this form of confiscation is quite controversial, the paper suggests to use the principle of proportionality as a benchmark. Indeed, this principle constitutes a minimum constraint

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Prozumentov, Lev M., and Alexander V. Shesler. "THE PLACE OF NATIONAL CRIMINOLOGY IN THE SYSTEM OF SCIENCES." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 39 (2021): 69–81. http://dx.doi.org/10.17223/22253513/39/6.

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The article substantiates the approach of domestic criminology to social and legal sciences. The authors analyze other approaches, according to which criminology is a part of criminal law and is the result of the application of sociological methods in criminal-legal research, or is a branch of knowledge beyond the legal sciences. The difference in the subject of criminal law and criminology is stated. It lies primarily in the fact that criminal law does not study crime, and the study of crime is carried out mainly as a legal phenomenon; criminal law examines the prevention of crimes carried ou

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Iakymchuk, Nataliia. "Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application." Constitutional and legal academic studies, no. 1 (October 11, 2021): 73–86. http://dx.doi.org/10.24144/2663-5399.2021.1.08.

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The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve th

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Storey, Jennifer E., Andrea L. Gibas, Kim A. Reeves, and Stephen D. Hart. "Evaluation of a Violence Risk (Threat) Assessment Training Program for Police and Other Criminal Justice Professionals." Criminal Justice and Behavior 38, no. 6 (2011): 554–64. http://dx.doi.org/10.1177/0093854811403123.

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Although a great deal of research has focused on the development and validation of violence risk (threat) assessment instruments, few studies have examined whether professionals can be trained to use these instruments. The present study evaluated the impact of a violence risk assessment training program on the knowledge, skills, and attitudes of 73 criminal justice professionals, including police officers, civilian support staff, and prosecutors. The program covered principles of violence risk assessment, the nature of mental disorder and its association with violence risk, and the use of vari

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Rozenko, Stanislav. "Humanism in the punishment of Russian criminal law." SHS Web of Conferences 134 (2022): 00068. http://dx.doi.org/10.1051/shsconf/202213400068.

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The article is devoted to the analysis of the problems of development and improvement of humanism in Russian criminal law. The principle of humanism is analyzed as a complex-systemic legal phenomenon with its own content and logic of development. Since punishment is a social phenomenon and functions in various areas of state and public life, its development is due to the implementation of a humanistic approach in law. The article examines the significance of humanism in criminal punishment and its historical nature; the essence of criminal punishment is defined in the Criminal Code of the Russ

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Kubrak, R. M. "PREVENTION OF OFFENSES BY CONVICTS WITH MENTAL DISORDERS IN PENAL INSTITUTIONS." Scientific journal Criminal and Executive System: Yesterday. Today. Tomorrow 2021, no. 1 (2021): 20–30. http://dx.doi.org/10.32755/sjcriminal.2021.01.020.

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Particular issues related to the prevention of committing criminal offenses and disciplinary misdemeanors by convicts with mental disorders within the limits of sanity and limited sanity are highlighted in the article. The analysis of characteristic peculiarities of convicts with mental disorders as a separate complex and specific category is carried out. Some components of criminal-legal and criminal-executive characteristics of convicts with mental disorders are considered, which are the basis for determining the type, nature and intensity of measures to prevent committing offenses by convic

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