scholarly journals Legal regulation of domestic violence in Croatia

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 61-65
Author(s):  
Radmila Sucevic
Keyword(s):  
Domestic Violence ◽  
Family Member ◽  
Legal System ◽  
Family Law ◽  
Violent Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Criminal Offence ◽  
First Time ◽  
Adult Family Member

Family Law passed in 1998 introduced the term domestic violence for the very first time in Croatian legal system. Article 118 of this Code contains explicit ban of if violent behavior of a spouse or other adult family member. Violation of this ban is, according to the article 362, a misdemeanor, and the sanction is up to 30 days of imprisonment. Article 118 is placed under section of parental care, subsection is Protection of rights and welfare of a child and minors. Entering article regarding family violence into this section and connecting violent behavior only to a spouse or other adult family member is dangerous, because of possibility for restrictive interpretation of this article in practice and giving protection only to children. However, in practice, although the implementation of this law started late, in June 1999, police mostly intervene and protect victims of domestic violence in all cases, no matter if it is a family with or without children. From January 1st 2001 violent behavior in a family is provided as criminal offence (article 215 of the Criminal Code). Sanction for this offence is from three months up to three years of imprisonment.

scholarly journals New Standards in the Application of the Law on Protection Against Violence in the Family in the Republic of Srpska

2020 ◽  
Vol 10 (10) ◽  
Author(s):  
Tamara Marić
Keyword(s):  
Domestic Violence ◽  
Legal Regulation ◽  
Criminal Code ◽  
National Assembly ◽  
The Family ◽  
The Law ◽  
The Republic ◽  
Criminal Protection ◽  
Republika Srpska ◽  
First Time

Criminal protection against domestic violence in the Republika Srpska was established by the enactment of the Criminal Code in 2000, when domestic violence was, for the first time, legally defined as socially unacceptable behavior with a criminal sanction. A few years later, in 2005 to be precise, the first Law on Protection from Domestic Violence was adopted, the provisions of which took the basic form of the criminal offense of domestic or family violence from the Criminal Code and defined it as a misdemeanor. In order to prosecute perpetrators of violence faster and more efficiently, as well as faster and better protection of victims of domestic violence, a new Law on Protection from Domestic Violence was passed in 2012, which is also the most important legal regulation in this area in Republika Srpska. The said law underwent several amendments, and as such was in force until May 1 of the current year, when the Law on Amendments to the Law on Protection from Domestic Violence, which was adopted by the National Assembly of the Republika Srpska on The sixth regular session held in September 2019, which prescribes new legal solutions, which will be discussed in the continuation of the paper.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals The Division of Jointly Acquired Property of Deceased Spouses in the Event of the Death of One of Them: The Legal Regulation and Law Enforcement Practice

Legal Concept ◽  
2021 ◽  
pp. 105-112
Author(s):  
Yanina Kail ◽  
◽  
Victoria Usanova ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Legal System ◽  
Family Law ◽  
Current System ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Cognition ◽  
Analysis And Synthesis ◽  
Joint Property

Introduction: the study of the division of jointly acquired property of spouses and inheritance of property has always been given special attention by the scientists and practitioners. Quite a lot of works are devoted to this area of legal relations. However, it is not so variable and depends on the intricacies of life that there are constantly many issues that require special research and improvement of the legal regulation. The division of jointly acquired property by the spouses at the dissolution of the marriage is regulated by the norms of family law, as well as civil law in the event of the death of one of the former spouses, who do not fully correspond to each other. In this regard, today citizens often face the problems of protecting their property rights. The purpose of the research: to reveal some aspects of the legal regulation and law enforcement practice of protecting the rights of former spouses in the division of jointly acquired property in the event of the death of one of them, and to offer suggestions to help improve the relevant rules. Methods: the methods of scientific cognition are applied together, among which the main ones are the formal-legal, system methods, analysis and synthesis. Results: it is proved that the current system of the legal regulation of division of joint property of the former spouses in the event of the death of one of them requires the improvement of the legal regulation, as laid down in the legislation, the protection of property rights is quite long and expensive, which leads to the futility of efforts. Conclusions: the law enforcement practice of protecting the property rights of former spouses in the division of jointly acquired property should be recognized as generally conforming to the established norms of law. However, the lack of the clear legal regulation of the criteria and conditions for the division of jointly acquired property in the event of opening of an inheritance after the former spouse before the expiration of the threeyear statute of limitations, leads to the situations where 2 spouses will claim the inheritance – the former and the present. This situation leads to costly conflicts that are resolved in court.

scholarly journals Liability Assessments and Criminal Responsibility in Norwegian Legal History

2017 ◽  
Vol 5 (1) ◽  
pp. 59
Author(s):  
Siri Elisabeth Bernssen
Keyword(s):  
Legal System ◽  
Legal History ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
District Court ◽  
First Time

The general content of the assessment of intent was explicitly clarified for the first time in a Norwegian criminal code when the 2005 Criminal Code and its §22 came into force on 1 October 2015. Until the Criminal Code of 1902, the subjective requirement for liability was regulated solely in individual regulations, and even though intent pursuant to §40 in this Code was established as a general main rule, it was still up to the courts to report on the content of the judgement. Thus it is clear that development towards a more and more defined and nuanced study of criminal liability took place gradually. This article goes even further back in time and looks at how the discussion of liability and responsibility changed between 1642 and 1799, with particular emphasis on intent and related criteria. This will be achieved by analysing 32 cases of infanticide registered with the Hordaland district court (bygdeting), which at this time was the first instance in the legal system.

scholarly journals Covid-19: Pandemic of Domestic Violence

2020 ◽  
Vol 9 (2) ◽  
pp. 111-136
Author(s):  
Tatiana Stoianova ◽  
Liudmyla Ostrovska ◽  
Grygorii Tripulskyir
Keyword(s):  
Domestic Violence ◽  
Well Being ◽  
Legal Regulation ◽  
Short Term ◽  
Procedural Law ◽  
Special Means ◽  
Legislative Amendments ◽  
Economic Nature ◽  
First Time

The article is devoted to the analysis of domestic violence in the context of Covid-19. The research is carried out for the first time in the focus of several sciences: psychology, sociology, and jurisprudence. To study the legal regulation of domestic violence, knowledge from different branches of law was used: international, criminal, administrative, and civil procedural law. Attention was paid to the historical retrospective—how the concept of domestic violence first appeared at the world level, and how it was differentiated and implemented in the national legislation of the participating countries. The problems of signing the Istanbul Agreement are highlighted. Special attention was paid to the current wave of domestic violence as a result of the Covid-19 pandemic. The prerequisites of a general psychological, social, and economic nature, their interdependence, and connection with the pandemic were investigated. The scale of the scourge of domestic violence in the context of a pandemic in different countries is indicated, and its short-term and long-term consequences for the well-being of the nation. The specific mechanisms for preventing family violence at three levels are considered: general criminogenic, a comprehensive mechanism for preventing violence at the level of interaction between the state and public organizations, and directly special means. The study concludes that Covid-19 pandemic has a direct impact on the exacerbation of domestic violence. The solutions are proposed, from legislative amendments to the redistribution of state and public forces to address the problem of domestic violence.

scholarly journals Domestic violence

Temida ◽  
2003 ◽  
Vol 6 (2) ◽  
pp. 37-44
Author(s):  
Jasmina Kiurski
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Institution ◽  
Legal Systems ◽  
Criminal Offence ◽  
Protective Function ◽  
Recent Reform ◽  
Definition Of

In this article author examines a definition of a family, the role of a family as a social and legal institution as well as state reaction in a situation of mal function of a family. Special attention is given to a definition of a family, its protective function and criminal law in modern legal systems. Author also analyzes recent reform of our legislation firstly new criminal offence (Article 118a of the Criminal Code of Republic of Serbia) - Domestic Violence - and its relation to other similar criminal offences. Finally, author gives an overview of up-to-now practice from District and Municipal Prosecutors Offices in Belgrade and suggestions for solving observed problems in implementation of this criminal offence.

CHILD VIOLENCE AGAINST PARENTS: PSYCHOLOGICAL AND PEDAGOGICAL ASPECTS AND PROBLEMS OF LEGAL REGULATIONS OF LIABILITY

2021 ◽  
Vol 3 ◽  
pp. 446-459
Author(s):  
Sanita Vanaga ◽  
Inga Pumpuriņa
Keyword(s):  
Domestic Violence ◽  
Violent Behavior ◽  
Legal Framework ◽  
Legal Regulation ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Child Violence ◽  
Descriptive Method

Domestic violence is a cycle of various harassment in which the abuser can be any member of the family. Both media and research on domestic violence focus on the behaviour of adult family members, while there is a lack of research analysing child abuse, for example against their parents. The current legal framework establishes the procedure for bringing an abusive person to justice, however, the provided sanctions do not apply to a child being violent in case the offense is not of a criminal nature. The study presents the research in two parts, the first part, indicating the psychological and pedagogical aspects of the problem, and the second - the problem of the legal regulation of liability.The aim of the study was to analyse the regulatory framework, which determines the child's responsibility in cases of child-to-parent violence, to identify the problems of the legal framework and to develop proposals for the improvement of the legal framework.The study was developed interdisciplinary, performing the analysis of national and international legal acts, analysing statistical data and research on current issues. Analytical and descriptive method, grammatical, historical, teleological and systemic interpretation methods were used in the study.As a result of the research, a number of problems were identified. These were related to the identification of a child being violent, the rights and responsibilities of the family and society in cases of escalating violence, as well as the issue of taking responsibility for the child's violence. At the same time, it was concluded that cases of violence by children to parents are difficult to identify, which may be due to the parent-child relationship and ignorance of the parent's problem, resulting in a formal determination of the child's responsibility in case of violence. In turn, the legal framework should strengthen not only the procedure of holding the children responsible for their violent behavior, but also to call for interdisciplinary prevention of violence committed by children. 

scholarly journals Crime of domestic violence (Article 126-1 of the Criminal Code of Ukraine): analysis of judicial practice

2021 ◽  
Vol 66 ◽  
pp. 189-196
Author(s):  
O. І. Zinsu
Keyword(s):  
Domestic Violence ◽  
Self Regulation ◽  
Research Work ◽  
Legal Regulation ◽  
Criminal Code ◽  
Educational Process ◽  
Alcoholic Beverages ◽  
Scientific Article ◽  
Addictive Behaviors ◽  
Judicial Practice

The scientific article is devoted to the analysis of judicial practice of the crime of domestic violence. The urgency of the topic is due to the need to develop Ukraine as a modern democratic state governed by the rule of law and further expand legal regulation in the field of prevention and combating domestic violence. Methodology. Methodological tools are selected in accordance with the purpose, objectives, object and subject of research. The methodological basis of the study are philosophical, general and special-scientific methods of cognition. The theoretical basis of the study were the prescriptions of regulations of current legislation of Ukraine and scientific works of domestic scientists on domestic violence. Taking into account the specifics and complexity of the chosen subject of research, interdisciplinary and complex approaches were used, which allowed to work out and interpret the results of empirical research. The generally accepted principles of scientific knowledge are applied, in particular, the principle of determinism, the principle of conformity, the principle of subsidiarity. The methods, techniques, principles used made it possible to identify, distinguish, distinguish and prolong the relationship of part and whole, single and total selected sample, emphasizing the dialectical unity and difference between the properties, relationships and aspects of the subject. The empirical basis of the study is the information obtained from the analysis of case law, namely: acts of criminal law (court verdicts), the period of adoption from 01.01.2020 to 01.01.2021, the decisions of which are placed in the Unified State Register of Judgments of Ukraine. In the course of the research the concept, legal consequences and composition of the crime of Article 126-1 were revealed and characterized. Domestic violence of the Criminal Code of Ukraine. The variability of structural units of criminal-legal interaction of the offender-victim with the indication of the family-legal status of the participants in the crime of domestic violence is emphasized. Attention is paid to fragments of legal reality and to certain orientation units of lawful and wrongful behavior. The influence of genetic and environmental factors on the formation of the behavior of participants in deep conflict domestic violence is noted. Attention is paid to the commission of crimes based on personal hostility. Also, the interpretation of the sample data revealed that a significant number of crimes of domestic violence were committed by the perpetrator (suspect / accused) in a state of intoxication or under the influence of psychoactive substances (alcoholic beverages), which in turn indicates the problem of interdependent, addictive behaviors, psychologic emotional imbalance. Thus, the modular interrelationships of the participants in the deep conflict in the field of domestic violence, taking the form of a criminal act, are determined by a set of interconnected, interdependent factors of biological and social nature. This gives grounds to argue about the need to improve measures to prevent and correct deviant behavior in society. Based on the results of the study, conclusions and recommendations were formed regarding the improvement of social and legal influence in the field of prevention and counteraction to domestic violence. Among other things, it is expedient to modernize social policy, form, develop the institution of "family", "general family", as well as the development and implementation of targeted comprehensive programs for the prevention of domestic violence, legal education, structured according to psychological age, hierarchy of activities, neoplasms of consciousness and personality. The general conditions of such an approach are the successful acquisition of knowledge and skills of self-regulation of behavior, as well as the formation of motivational and demanding sphere of personality of the right direction. The obtained results can be used: in research work —  for further research of legal, psychological specifics and structure of domestic violence; in law-making  — to improve the legal regulation of the system of prevention, counteraction to domestic violence; —  law enforcement activities  — in the implementation of state policy in the field of prevention, combating domestic violence; in the educational process  — in the preparation of lectures, seminars, practical classes; in legal and educational activities — to improve the modular guidelines of socio-legal behavior of the individual, aimed at raising the level of legal awareness, legal culture; as well as for all other professionals who deal with domestic violence.

Prawnokarna ochrona wyborów w Federacji Rosyjskiej

2021 ◽  
Vol 1(162) ◽  
pp. 31-58
Author(s):  
Katarzyna Laskowska
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Criminal Code ◽  
Penal Code ◽  
First Year ◽  
Constitutional Rights ◽  
Criminal Offence ◽  
Limited Access ◽  
The Russian Federation ◽  
Access To Data

The study is of a dogmatic and empirical nature. It presents the scope of legal regulation of selected crimes against constitutional rights and freedoms of a human and citizen contained in the Criminal Code of the Russian Federation of 1996. It discusses the provisions concerning violations of law that may occur at different stages of the electoral process. The study describes forbidden behaviours of a voter, a member of an electoral commission and an electoral committee, a participant of a referendum initiative group and another group of referendum participants, as well as acts committed against the mentioned subjects. They were analysed according to the classical arrangement of the statutory attributes of a criminal offence. The analysis confirmed the validity of the criminalisation of many behaviours that impede the holding of lawful, reliable and fair elections. Next, the study presents a statistical picture of the analysed acts. The dynamics of registered offences against elections in the years 1997–2017 (from the first year of the Penal Code of 1996 to the present day) and the number of convictions for their commission in the period 2009–2017 were presented (due to limited access to data). This allowed to show the scale of the phenomenon and the reaction of the courts to it.

SCIENTIFIC AND PRACTICAL CONCEPT OF THE PROJECT OF THE ENTREPRENEURIAL CODE OF THE REPUBLIC OF UZBEKISTAN

2021 ◽  
Vol 6 (10) ◽  
pp. 37-52
Author(s):  
Shuhrat Ruzinazarov ◽  
Keyword(s):  
Legal System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Digital Rights ◽  
Priority Areas ◽  
Legal Relationship ◽  
Systemic Problems ◽  
The Republic ◽  
First Time

This article for the first time analyzes the meaning, necessity, purpose, subject of legal regulation of the Entrepreneurial Code and current legislation in the field of entrepreneurship. It also reveals the essence of some international legal acts and ways of solving systemic problems in the field of entrepreneurship. In addition, on the basis of the study of the scientific foundations and priority areas of norm-setting problem-target issues for the development of the draft Entrepreneurial Code, substantiated conclusions and proposals are justified.Keywords:national legal system, entrepreneurial legislation, unification, systematization, Entrepreneurial code, digital rights, digital business, entrepreneurial activity, digital civil circulation, legal protection, subject of legal regulation, entrepreneurial legal relationship

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