Reference:
Golovanova N.A..
Domestic Violence in the Light of the
Istanbul Convention (2011)
// Journal of Foreign Legislation and Comparative Law.
2014. № 3.
P. 555-562.
DOI: 10.7256/1991-3222.2014.3.65377 URL: https://en.nbpublish.com/library_read_article.php?id=65377
Abstract:
The problem of domestic violence in Russia is topical and has long attracted attention. The article is devoted to
this important topic, it is studied the legislation of Russia and foreign countries in this area, as well as the Istanbul Council
of Europe Convention on preventing and combating violence against women and domestic violence (2011). The Convention
is the first international legal instrument, which confirms integrity of women's rights as a human being, and violence
is recognized as one of the forms of discrimination against women. The Convention reflects the need for a comprehensive
approach to the protection of and assistance to all victims of domestic violence. The Convention also contains practical
tools to address the problems of violence against women through the creation of a special monitoring mechanism. Russia
still not have this mechanism. Existing government programs primarily provide for the protection of children. Women and
other family members (including the disabled) get help at the local level only. In addition, Russia does not have a specific
law on the prevention of domestic violence. This paper presents a critical analysis of Russian legislation (Criminal and
Criminal Procedure) – Criminal Code does not criminalize forced marriage of minors; mutilation of the genitals of women
and children; sexual harassment, harassment and intimidation; sanctions for committing acts of violence do not correlate
with the fact that the familial relationship of the criminal and the victim, etc. There is no judicial emergency orders legislative
mechanism (protection orders) to prevent imminent danger caused by domestic violence. The author considers it
necessary to pass a special federal law against domestic violence.
Keywords:
Istanbul Convention; discrimination; domestic violence; protection order; criminal law; aggravating
Reference:
Semykina O.I..
Modern Trends of the Development of the
Criminal Legislation on Economic Crimes
(Comparative Legal Research)
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 327-338.
DOI: 10.7256/1991-3222.2014.2.65156 URL: https://en.nbpublish.com/library_read_article.php?id=65156
Abstract:
The article provides an analysis of the genesis of the criminal provisions on the responsibility for the economics
of crimes on the modern stage of development of the legislation of Russia and some foreign countries; the most relevant
trends of its modernization and compliance with international standards in this field of combating crime are revealed;
attempts to establish not only positive trends in the Russian criminal legislation of economics of crimes as regards their
compliance with foreign experience but also to determine certain negative prerequisite of such modernization are made.
Keywords:
economics of crimes, corruption, embezzlement of budget funds, bribery, illicit enrichment, trading in influence, forfeiture, exclusion from criminal liability, termination of criminal prosecution, criminal liability of corporate persons.
Reference:
Vu Kuang Khuan, Fung Ngock Hai.
Trends and Main Lines of Combating
Organized Crime in Vietnam
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 339-346.
DOI: 10.7256/1991-3222.2014.2.65157 URL: https://en.nbpublish.com/library_read_article.php?id=65157
Abstract:
The article examines the conditions of organized crime in Vietnam in recent years. The relevance of this article
is determined by the crime situation in modern Vietnam, typical for countries in transition, when the introduction of the
reform started in various areas of society is accompanied by increased organized crime, which has both national and ethnic
character. The authors focused their attention on the serious growth of organized crime and general tendencies of its
development, giving reasons for its spread and factors greatly complicate the practice of combating organized crime in
Vietnam, as well as exploring the main activities carried out by the supreme state authorities in the fight against organized
crime. The article gives a forecast of trends in the development of organized crime in Vietnam in the near future, as well
as some recommended ways to eliminate this crime, which could improve the crime situation in Vietnam. All conclusions
and suggestions are based on the latest statistics and detailed analysis of existing Vietnamese legal acts and others (Vietnamese
and Russian) sources.
Keywords:
criminality, organized criminal group, criminal community, the organized crime, condition of the organized crime, organized crime tendency, organized crime counteraction, the criminality prevention, struggle against criminality, Vietnam.
Reference:
Musaelyan M.F..
Qualified Circumstances of a Terrorist Act:
the Interpretation, Qualification, Improvement
(Comparative Legal Analysis)
// Journal of Foreign Legislation and Comparative Law.
2014. № 1.
P. 97-109.
DOI: 10.7256/1991-3222.2014.1.64847 URL: https://en.nbpublish.com/library_read_article.php?id=64847
Abstract:
The following article gives the research of the problem of qualified features of the act of terrorism on the basis of
comparative criminal-legal analysis of the article 205 of the Criminal Code of the Russian Federation with the articles determining
legal action against terrorism (act of terrorism) of the model criminal code and the criminal code of CIS countries.
Keywords:
Terrorism, comparative, criminal, terrorist, act, features, qualification, improvement, interpretation, CIS.
Reference:
Lafitsky v.I., Semykina O.I..
Criminal Liability of Corporate Persons
in the Russian Legislation:
Historical Perspective «Pro Et Contra»
// Journal of Foreign Legislation and Comparative Law.
2013. № 5.
P. 867-875.
DOI: 10.7256/1991-3222.2013.5.63818 URL: https://en.nbpublish.com/library_read_article.php?id=63818
Keywords:
criminal liability of corporate persons, fine, liquidation, prohibition engaged in certain activities, temporary suspension of the activities, probation, public disclosure of the sentence, confiscation, Russian medieval legislation, Code on criminal and correctional punishments, decrees of the Soviet government.
Reference:
Alikhadzhiyeva I.S..
Responsibility for the Crimes,
Facilitating Prostitution
in the Criminal Law
of Foreign Countries:
Comparative Legal Studies
// Journal of Foreign Legislation and Comparative Law.
2013. № 5.
P. 876-885.
DOI: 10.7256/1991-3222.2013.5.63819 URL: https://en.nbpublish.com/library_read_article.php?id=63819
Keywords:
comparative law, involvement in prostitution, organizing prostitution, legalization of prostitution, human trafficking, abolitionism, foul prostitution, criminal code.
Reference:
P. Törnydd.
To the Realistic Purposes of Criminal Policy
// Journal of Foreign Legislation and Comparative Law.
2011. № 5.
P. 85-92.
DOI: 10.7256/1991-3222.2011.5.58924 URL: https://en.nbpublish.com/library_read_article.php?id=58924
Abstract:
Patrik Törnudd formulates the principles of the criminal political ideology, which were at the basis of the total
reform of Finnish penal law. The main principles include the minimization and fair distribution of the social costs of crime
and crime control, shifting of the emphasis from the severity of criminal sanctions towards their inevitability, fairness and adequacy.
At the same time he disproves the thesis that the crime level is determined mainly by the qualities of the penal system.
Keywords:
penal policy, penal policy goals, crime control, social control, social costs of crime control, prisoner rate, general prevention of crime, situational prevention of crime.
Reference:
D.Y. Prymakov.
Development of Criminal Legislation of Israel
(1936–1977).
// Journal of Foreign Legislation and Comparative Law.
2011. № 5.
P. 93-104.
DOI: 10.7256/1991-3222.2011.5.58925 URL: https://en.nbpublish.com/library_read_article.php?id=58925
Abstract:
In this article scrutinize an issue of the penal law evaluation in Israel. The essential influence took place from
the British legality and common law doctrine. However the Criminal Law Ordinance 1936 and Criminal Law Act 1977
show authentic place which the Israel Modern Criminal Law takes plays.
Keywords:
Israel Criminal Law, influence, legal transplants, common law doctrine.
Reference:
Sidorenko E.L..
Discretionary Principle in Criminal Law of Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2011. № 4.
P. 92-101.
DOI: 10.7256/1991-3222.2011.4.58800 URL: https://en.nbpublish.com/library_read_article.php?id=58800
Abstract:
The article proposes a modern vision of legal regulation as a dichotomy of public and dispositive trends. Comparative
analysis of the norms of the disposition allows estimating the prospects of development of modern criminal law.
Particular attention is paid to finding effective models for improving Russian criminal law in part account the victim’s
consent and the development of restorative justice.
Keywords:
disposition, the victim, the consent of the victim, euthanasia, mediation, transaction, differentiated responsibility, individualization of punishment