scholarly journals Generic, specific and direct object of a crime under the Article 330 of the Criminal Code of Ukraine

2018 ◽  
Vol 83 (4) ◽  
pp. 19-27
Author(s):  
V. Yu. Boichuk
Keyword(s):  
National Security ◽  
Social Relations ◽  
Criminal Law ◽  
Social Activity ◽  
Criminal Code ◽  
The State ◽  
Direct Object ◽  
Direct Objects ◽  
State Secrets ◽  
Official Information

The author has carried out the research of one of the mandatory elements of corpus delicti under the Art. 330 of the Criminal Code of Ukraine – its object. In the course of its analysis, the author has considered general classification of objects of a crime generally adopted in the doctrine of criminal law of Ukraine (depending on the degree of generalization of the social relations protected by the criminal law, which are the objects of various crimes) into general, generic, specific and direct ones. The concept and essence of general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine, are determined on the basis of views on the object from the standpoint of the theory of social relations. It has been emphasized that general, generic, specific and direct objects of a crime under the Art. 330 of the Criminal Code of Ukraine constitute a system, that is, they are not just a simple set, but are in interdependence. The link element through which the system of objects of this crime is formed is defined as the general sphere of social activity, where the mentioned social relations arise, develop and operate, namely, the national security of Ukraine. Thus, all social relations, which are put under the protection of Section XIV of the Special Part of the Criminal Code of Ukraine, arise and function in general in order to safeguard the interests of Ukraine’s national security. Generic object of a crime under the Art. 330 of the Criminal Code of Ukraine, has been defined as social relations existing with regard to the security of state secrets and official information gathered in the course of operative and search, counter-intelligence activities, in the field of the country defense, as well as the security of the state border of Ukraine and military security in terms of providing draft call and mobilization. Accordingly, the specific object of this crime is more narrow range of specific social relations that are associated with ensuring the state of information security. It was formulated as social relations that exist with regard to the security of state secrets and official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The direct object of a criminal act under the Art. 330 of the Criminal Code of Ukraine, was admitted as social relations that exist with regard to the security of official information gathered in the process of operative and search, counter-intelligence activities, in the field of the country defense. The author has revealed the systemic nature of interrelations between the generic, specific and the direct object of a crime, stipulated by the Art. 330 of the Criminal Code of Ukraine.

scholarly journals Features of signs of the crime object provided by article 166 of the Criminal Code of the Russian Federation

2019 ◽  
Vol 2019 (2) ◽  
pp. 192-198
Author(s):  
Алена Харламова ◽  
Alena Kharlamova ◽  
Юлия Белик ◽  
Yuliya Belik
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
Direct Object ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
The Right

The article is devoted to the problematic theoretical and practical issues of the content of the signs of the object of the crimes under Art. 166 of the Criminal Code. The authors determined the main direct object, revealed the essence of the right of ownership, use and disposal. Marked social relations that can act as an optional direct object. Particular attention is paid in the article to the subject of the crime. Attempts have been made to establish criteria that are crucial for the recognition of any vehicle as the subject of theft. The content of the terms “automobile” and “other vehicle” is disclosed. The analysis of the conformity of the literal interpretation of the criminal law to the interpretation of the law enforcer is carried out. It is summarized that the Supreme Court of the Russian Federation narrows the meaning of the term “other vehicle”, including in it only vehicles for the management of which, in accordance with the legislation of the Russian Federation, is granted a special right. The authors provide a list of such vehicles and formulate a conclusion on the advisability of specifying them as the subject of a crime. The narration of the article is accompanied by examples of decisions of courts of various instances in cases of crimes under Art. 166 of the Criminal Code of the Russian Federation

scholarly journals Concept And Types of Bribery as a Cross-cutting Сoncept in the Сriminal Law of Ukraine

2020 ◽  
pp. 496-505
Author(s):  
Bilokon O. H.
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Code ◽  
The State ◽  
Third Party ◽  
Public Interests ◽  
Legal Form ◽  
Role Of The State ◽  
General Meaning ◽  
Definition Of

The article explores and analyzes the general meaning of the term "bribery" in the Criminal Law of Ukraine. It was defined that the main social dangers of bribery are the following: committing this crime prevents citizens from free exercising their right to participate in all-Ukrainian and local referendum, violates their procedure, may affect the elections results and the decision on the referendum issue; goes beyond the granted official or official authority, characterized by the committing of substantial harm to the rights or interests of individuals, protected by law, or to the state or public interests or interests of legal entities; it is a socially dangerous act, the commission of which is to use the authority given to persons for the purpose of obtaining from other persons undue benefits; it is a socially dangerous act, the commission of which is performed via use of power against the interests of the service; it is a socially dangerous act, the commission of which is performed via use the position powers contrary to the interests of a legal entity of private law, regardless of the legal form. At the same time, the prerequisites of becoming responsible for bribery in the Ukrainian legislation were clarified and the types of bribery were analyzed, depending on the specifics of the rights and powers of subjects, depending on the degree of obviousness for persons, who are not parties or interested parties to bribery, as a corruption offense and depending on the role of the state in setting of social relations, the order of which is disrupted by bribery. From the analysis of articles of the Criminal Code of Ukraine bribery is characterized as: acceptance of an offer, promise or receipt for oneself or for the third party of unlawful benefit; an offer or promise to provide an illegal benefit; The definition of the concept of "bribery" in the criminal law of Ukraine is proposed to be considered as a socially dangerous, punishable act, characterized by the agreement of two interested persons, or the inclination of one person for the benefit of the other, to gain (give) illegal advantage by abuse of the authorized person by their authority or their official power another person.

scholarly journals The target of a crime under the Article 330 of the Criminal Code of Ukraine

2018 ◽  
Vol 71 (4) ◽  
pp. 50-54
Author(s):  
V. Yu. Boichuk
Keyword(s):  
Social Activity ◽  
Criminal Code ◽  
The State ◽  
Government Agencies ◽  
State Agencies ◽  
The Public ◽  
State Security ◽  
Nature Of Information ◽  
Philosophical Ontology ◽  
Official Information

From the standpoint of philosophical ontology the author has determined the notion and nature of information constituting official information gathered in the course of operative and search or counterintelligence operations and in the defense sphere of the country as the target of a crime under the Art. 330 of the Criminal Code of Ukraine. The place of this information has been specified in the list of information types determined by the current legislation of Ukraine. The author has outlined the differences of the official information gathered in the process of operative and search, counterintelligence operations and in the defense field of the country, starting from homogeneous objects, in particular, the target of a crime, stipulated in the Art. 111 of the Criminal Code of Ukraine. They are as follows: 1) this information is obtained by authorized subjects in specific areas of social activity – within operative and search, counterintelligence operations, in the defense field of the country; 2) such information has limited access; 3) its disclosure may harm the public interest in the field of counteracting crime or within intelligence activities to the detriment of the state security of Ukraine and the country’s defense capabilities; 4) the assignment of information to such that constitutes official information, is carried out by the state authorities, which conduct operative and search or counterintelligence operations, as well as state agencies, local self-government agencies, enterprises, institutions and organizations in the defense field of the country; it is approved by their regulatory act; 5) documents or other material carriers containing official information are assigned the stamp “For official use”. The author has outlined the range of subjects defining the lists of official information, which is the target of this crime; and has specified the sub-legal acts defining such lists. The author has grounded the expediency of expanding its content by supplementing other types of official information, namely, disclosing the organization procedure, tactics and methods of conducting operative and search, counterintelligence operations, the number of employees of these units, their technical provision, etc.

Criminal Characteristic of the Object of Bankruptcy Crimes

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Сергей Кубанцев ◽  
Sergey Kubantsev
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Direct Object ◽  
Special Part ◽  
Legislative Regulation ◽  
Specific Object ◽  
Definition Of

The article raises the question of the object of a bankruptcy crime. The major problem is the coincidence of the generic and specific objects of such crime. Such vagueness in the legislative regulation generates incoherent law enforcement and confusion in practice in cases of a bankruptcy crime. Besides it creates opportunities for the criminal law abuse in certain cases. The author suggests changing theoretical and legislative approaches to the definition of the specific object of bankruptcy crimes. In particular, a specific object of bankruptcy crimes should be identified according to the characteristic of an independent specific object of the crime, which will result in its significant elaboration for this type of crime, without changing the content and focus of the Special part of the Criminal code. The author considers the direct object of the bankruptcy crime that refers to the totality of social relations concerning legal protection of the statutory recognition of a debtor as a bankrupt, voluntary satisfaction of creditors’ claims, and proportional and priority distribution of the bankruptcy estate as a result of applying bankruptcy procedures, to be a matter of principle.

Thomas Jefferson’s Virginia Criminal Law Bill

2018 ◽  
Author(s):  
Markus D. Dubber
Keyword(s):  
Criminal Law ◽  
Critical Analysis ◽  
Criminal Code ◽  
The State ◽  
Modern State ◽  
Historical Account ◽  
Liberal Democratic ◽  
Democratic State ◽  
Penal State ◽  
State 1

Part III of Dual Penal State uses dual penal state analysis to generate a comparative-historical account of American penality. With comparative glimpses at Germany and, to a lesser extent, England, it distinguishes between two responses to the shared challenge of legitimating state penal power in a modern liberal democratic state: (1) the failure to appreciate the legitimatory challenge of modern state penal power in particular (United States) and of modern state power in general (England); and (2) the failure to address the legitimatory challenge of modern state penal power as an ongoing existential threat to the legitimacy of the state (Germany). Chapter 6 undertakes a critical analysis of Jefferson’s 1779 draft of a criminal law bill for the State of Virginia, concluding that it fell well short of a criminal code that reflected the ideals of the American legal-political project as spelled out, for instance, in Jefferson’s Declaration of Independence of 1776.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

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 Conceptual Approaches to the Problem of national Security Concept

2021 ◽  
Vol 80 (1) ◽  
pp. 21-27
Author(s):  
Ю. О. Загуменна
Keyword(s):  
Public Relations ◽  
National Security ◽  
Social Relations ◽  
Public Support ◽  
The State ◽  
National Interests ◽  
Security Sector ◽  
Progressive Development ◽  
Goals And Objectives ◽  
Special Protection

A comprehensive theoretical and legal study of the transformation of ideas about the nature of national security reform in domestic jurisprudence has been carried out. The author has defined the priorities and directions of the reform in the field of national security and, more importantly, its theoretical and methodological basis. It has been determined that the main object of the reform in the field of national security is the whole complex of public relations, which is subject to special protection by the system of entities of ensuring national security. The system of such social relations is centered around the defining national interests, which usually include the vital interests of a man, society and the state and the implementation of which ensures the state sovereignty, its progressive development, and safe living conditions and welfare of citizens. It has been noted that the main purpose of national security reform is to improve legislation and governance in the national security sector, which can provide qualitative strengthening in accordance with current and future needs of society to protect key national interests from external and internal real and potential threats. It has been concluded that national security is not considered in modern, both domestic and international science, exclusively as an “acquisition” and a sphere of monopoly responsibility of the state; we cannot eliminate the active participation of civil society structures, which should exercise public control over the course of such a reform and, if necessary, should have the tools of close communication with state authorities at the stage of initiating the reform, constructing its goals and objectives, directions and perspectives and at the stages of its implementation. Restriction of the capacity of the state, especially in times of economic crisis, highlights the need to optimize the participation of non-government actors in ensuring national security. Obviously, such activity of the non-governmental sector should be strongly encouraged by legislative instruments, legitimizing measures for national security reform through its close involvement and providing them with additional public support.

scholarly journals New institutional challenges to the educational space: security as a criterion for development in the conditions of digitalization

2020 ◽  
pp. 81-93
Author(s):  
Sergei Vladimirovich Rabkin
Keyword(s):  
Social Development ◽  
National Security ◽  
Social Relations ◽  
Digital Technologies ◽  
Interdisciplinary Approach ◽  
The State ◽  
Internal Factors ◽  
Sociocultural Processes ◽  
Institutional Challenges ◽  
The Impact

The subject of this research is the institutional transformations of educational space associated with the global processes of digitalization of social relations, as well as internal factors in cooperation between society and the state with regards to determination of the criteria of security for their development. Using the general methodology of institutional analysis, methods of analogy and summary, as well as interdisciplinary approach towards studying the educational space, the author considers the questions of implementation of digital education technologies under the conditions of current sociocultural transformations. Special attention is turned to the balance between rational and immaterial factors that affect the formation of modern educational space, and thereby, specification of the new institutional challenges to the security of social development. The conducted analysis of the problems of implementation of such technologies in the system of higher education leads to the conclusion on the need for assessing the effectiveness of implementation of digital technologies in accordance with the institutional criteria that imply not only the impact of both, rational and immaterial factors of social development. The institutional nature of these factors is insufficiently studied, however determines the possibility of application of cognitive models in solution of the tasks aimed at ensuring national security in the conditions of digitalization of sociocultural processes. Therefore, the crucial institutional criterion that defines the effectiveness of implementation of digital technologies in the educational space consists in its security in all regards. The proposed institutional-criteria approach allows the state and society to focus on ensuring security of the educational space in the context of solution of relevant tasks of ensuring national security of the Russian Federation.

Sign in / Sign up

Export Citation Format

Share Document