Imposition Of Penalty Research Articles

Уголовно-правовые категории и институты: соотношение понятий и функции

The article deals with such concepts of criminal law as crime, punishment, and responsibility, their distinctive features, and their correlation with criminal law institutions. The authors believe that the categories of criminal law express its political foundations. However, without criminal law institutions, these categories would remain only legal symbols, and the political foundations would be empty declarations with no practical significance for each specific case of crime and punishment. The institutions of criminal law serve as criteria for assessing the legal significance of various factual circumstances and implement the provisions reflected in the main criminal law categories. Criminal law institutions can be classified depending on the category, e.g., crime, punishment, or responsibility, as well as on the political function, e.g., service institutions and intermediary institutions. Service institutes include belong to the following categories: Crime – a) guilt; b) stages of crime; c) multiplicity of crimes; Punishment – a) the system of punishments (Articles 44, 45, 88 of the Criminal Code of the Russian Federation); b) sentencing; c) exemption from punishment; Responsibility – a) the composition of the crime; b) circumstances excluding the criminality of the act; c) complicity; d) exemption from criminal liability. Intermediary institutions provide a link between the categories of crime and punishment: a) the imposition of punishment (including unfinished crime, complicity, multiplicity of crimes, i.e. institutions that serve particular categories); b) subsystems of punishments provided for in articles of the Special Part of the Criminal Code of the Russian Federation.

Why Does Regulation (EC) No 1/2003 Provide for the Imposition of Penalties Only on Undertakings?: A Historical Perspective

According to Article 23(2)(a) of Regulation (EC) No 1/2003, the Commission may impose any fines for the breach of substantive competition rules only on ‘undertakings’. The provision does not contemplate the imposition of fines on individuals considered responsible for the conduct of the undertaking concerned, even though, as explained in this article, this position is not imposed by the relevant legal basis (Article 83 EC [the Treaty establishing the European Community in the version following the Treaty of Amsterdam], corresponding to Article 87 EEC Treaty [the Treaty establishing the European Economic Community in its version of 1957] and the present Article 103 TFEU [the Treaty on the Functioning of the European Union]) That legal basis would indeed allow such liability to be established. From a policy point of view, however, it is often argued that sanctions should also be imposed on such individuals. This raises the question as to why the Union legislator chose not to provide for corresponding powers on the Commission’s part. From the relevant legislative history exposed in this article, it emerges that the approach of Article 23(2)(a) ultimately originates from the ECSC Treaty [theTreaty establishing the European Coal and Steel Community]. In this latter context, it reflected the particular limits placed by its authors on that Treaty. It did not reflect the contemporary orientations at national level regarding punitive sanctions. The approach gradually found its way into Regulation (EC) No 1/2003 without any further specific discussion on the way, despite the different context offered by the relevant provisions of the EEC/EC Treaty. It was first transplanted into Regulation No 11, based on Article 79 EEC Treaty (today Article 95 TFEU) and concerning the abolition of discrimination in transport rates and conditions. The negotiations preceding the adoption of this Regulation brought to light strong reserves regarding the conferral of sanctioning powers upon the (then) EEC, and it was no doubt unrealistic to expect that it would have been granted powers more far-reaching than those available under the ECSC Treaty. When Regulation No 17 (and specifically Article 15) was elaborated, the drafters were aware of the scheme established by Regulation No 11, which served as a reference. No genuine discussion regarding possible powers to punish the persons considered responsible for the conduct of the ‘undertaking’ took place. It is likely that any such innovation would not have been realistic at that point. Lastly, the reform brought about by Regulation (EC) No 1/2003 focused on other aspects regarding the implementation of competition law, and the scheme of Article 15(2) of Regulation No 17 has been taken over into Article 23(2) of Regulation (EC) No 1/2013 without major changes. No consideration was given to the possible imposition of penalties on natural persons implicated in the commission of breaches of competition law. EU antitrust sanctions, European Commission, individual sanctions, Regulation No. 1/ 2003, Regulation No 17, Regulation No 11, ECSC Treaty, history

JINOIY FАOLIYATDАN OLINGАN DАROMАDLАRNI LEGАLLАSHTIRISH JINOYATI YUZАSIDАN АSOSIY TUSHUNCHАLАR VА KVАLIFIKАTSIYA MАSАLАLАRI

In the world, special attention is paid to the fight against crime, the imposition of punishment on the basis of the principle of justice for crimes committed by the courts, and the liberalization of criminal legislation. In particular, much attention is paid to establishing liability for the legalization of proceeds from crime and preventing its causes and conditions, proper qualification of this crime and increasing liability for its commission, and strengthening the implementation of international standards in national legislation. One of the main factors creating the shadow economy is the legalization of proceeds from crime. The main part of criminal proceeds is legalized by circumventing control and putting them into commercial circulation. There are various ways to legalize income received in this way. Cash and other valuables obtained illegally can be deposited with a bank or spent, for example, on the purchase of the real estate. The property is then sold and the money becomes legal. This article analyzes the views and opinions of various scientists on the concept of money laundering.

Применение к осужденным мер административной ответственности

The article is devoted to the application of measures of administrative responsibility to convicts. The work states that the issue of the application of measures of administrative responsibility to convicts remains not fully resolved. The practical procedure for the actions of employees associated with the imposition of punishments is fixed. The article shows the prospects associated with the application of certain measures of administrative responsibility to convicts. Theoretical, material and procedural materials (documents) have been worked out.

Heavenly and Earthly Princes in Old Rus’: From Theological Reflection to Practice

The system of punishment in medieval Russian law cannot be considered sufficiently studied. Researchers single out types of punishments that are not found in legal documents, but, obviously, were applied in practice. Punishments can be divided, with some degree of conventionality, into judicial and extrajudicial. However, God can also punish, both in this life and at the Last Judgment. This article is devoted to the problem of “rivalry” between the earthly and heavenly courts in the ideas of the people of pre-Mongol Rus’. The article resolves the issue of the applicability of the non bis in idem principle within the framework of the problem posed and considers key plots from The Tale of Bygone Years and The Kievan Caves Patericon. This analysis makes it possible to single out issues that were decided by an earthly court and those disasters that befell society and individuals which contemporaries saw as punishment. Among the legal sources, the author refers to the Russian Pravda and the Сharters of princes Vladimir, Yaroslav, and Vsevolod. The author also compares different methods of punishment with the way they are reflected in the sources. Since the imposition of fines prescribed by legal documents is not reflected in the narrative sources, an emphasis is made on extrajudicial punishment (the surviving practices of blood vengeance or “potok i razgrablenie”). An attempt is made to determine the line after which the imposition of punishment for this or that injustice (and, more often, for the totality of acts) was beyond the rights and opportunities of the princes. This is when the chronicler saw an intervention of God, which could be qualified as “revenge” or “punishment”. In addition, the author reveals a connection with the punishments of the penitentiary discipline of the sacrament of confession. However, it is impossible to completely abstract the earthly court and the punishment it imposes from the punishment imposed by God in medieval Rus’.

O processo penal no âmbito da responsabilidade penal da pessoa jurídica

The criminal procedure referring to the verification of the facts imputed to the legal entity traditionally occupies a background in academic discussions regarding the recognition - or not - of the criminal liability of moral persons or "entities", leaving open discussions about possible specificities of the know how potentially present in all phases of the prosecution. Furthermore, for fragile economies, little is discussed about the impact of this accountability on the economic environment or how criminal prosecution should act in accordance with the Rule of Law premises, achieving accountability and imposition of penalties, when necessary, without compromising national, regional economies or even having wider impact. This text seeks to introduce some essential topics for discussion on the subject of domestic law and suggests aspects of possible reform.

THE AGE OF THE VICTIM AS A SIGN OF A CRIME AND ITS INFLUENCE OF THE QUALIFICATION

Minors are a social group in need of increased protection, including by means of criminal law. The State strives to ensure the normal development of minors and their integration into social life. Minors have their own rights and legitimate interests, which may differ or even contradict the interests of adults. Criminal legislation establishes not only increased responsibility for encroachment on a minor, but also increases the punishment for special subjects, defines a special list of crimes related to encroachments on certain interests of minors. This article highlights the actual problem of the influence of the age of a minor on the qualification of a crime and the imposition of punishment. The author analyzes in detail the formulations used in the Criminal Law to indicate the age of a minor victim. The norms of the Criminal Code of the Russian Federation, in which a minor victim is used with gradation by age groups, are exhaustively given. The victims of the crime may be minors under the age of 18. The Criminal Code of the Russian Federation with types of crimes differently approaches the definition of a minor: from 0 to 6 years, from 0 to 12 years, from 0 to 14 years, from 12 to 14 years, from 14 to 16 years, from 14 to 18 years, from 0 to 18 years. Not only is the age gradation implemented, but different terms are also used: a newborn, a person who is helpless state, minors, minors. The article considers the question of expediency and justification of the use of different terms and inconsistency in the criminal law norms of the age of a minor victim.

Statute of limitations under the penal law of Bulgaria

Ukraine carries out intensive judicial cooperation in criminal matters with other European countries. A typical impediment to granting Ukrainian requests for such cooperation (e.g. extradition from another country, taking over Ukrainian criminal proceedings by the requested foreign country, recognition and enforcement of Ukrainian criminal judgments abroad) is the expiry of the time limitation period [lapse of time] not only under the Ukrainian law but also under the law of the foreign country that Ukraine requests for cooperation. The problem is that the criminal statute of limitations of most European countries is significantly different from the Ukrainian one. In view thereof, Ukrainian criminal lawyers are interested in having some general knowledge of the statute of limitations of other European countries, esp. such as Bulgaria. On the one hand, this foreign country has always been a steady partner of Ukraine in international judicial cooperation. On the other hand, the Bulgarian statute of limitations constitutes a good example of the different type of legal framework for lapse of time that requesting Ukrainian authorities shall necessarily consider. All penal laws of the contemporary Bulgarian state contained some statute of limitations. These laws are the 1896 Penal Law (repealed), the 1951 Penal Law upgraded to the 1956 Penal Code, after the full codification of this branch of law in Bulgaria (also repealed), and the existing Penal Code of 1968. The criminal statute of limitations outlines periods when competent state authorities have been inactive. The expiry of these periods (the lapse of time under law) extinguishes the immediate legal consequences of crimes or the punishments imposed by the court for them. In Bulgaria, the statute of limitations consists of substantive penal law provisions. This is a legislative recognition of its substantive nature. The concept that the criminal statute of limitation is a procedural legal institution has been overcome in Bulgarian theory, law and judicial practice. The statute of limitations produces procedural consequences also but they derive from its direct substantive law results as secondary effects. As in most other countries, the penal law of Bulgaria prescribes two types of limitation periods. The first one runs after the commission of the offence. It is also called 'limitation of the offence'; its expiry entails the extinction of the offender’s criminal liability preventing both the imposition of punishment on him/her and his/her conviction status as well. The second type of limitation period occurs after the imposition of an executable punishment. It is also called 'limitation of the punishment'; its expiry entails the extinction of the punishment imposed only. It does not eliminate the fact that the offender has been convicted. Under the Bulgarian Penal Code, each of the two types of statute of limitations includes not only general time limitations but also absolute ones as well. The former is applicable when the competent state authorities have not undertaken required activities whereas the latter applies only if the competent state authorities have failed to achieve a required result, namely: the imposition of punishment on the offender or the execution of his/her punishment.

СУДЕЙСКОЕ УСМОТРЕНИЕ В УГОЛОВНОМ СУДОПРОИЗВОДСТВЕ: ПОНЯТИЕ, СУЩНОСТЬ И ВОЗМОЖНОСТИ ОГРАНИЧЕНИЯ

The article considers the legislative mechanisms of the institution of judicial discretion in the consideration of criminal cases. Based on the analysis of theoretical and legal grounds and judicial practice, the permissible limits are determined, excluding the possibility of an arbitrary approach of the court when deciding on the imposition of penalties in criminal cases, as well as problems of legal and other nature of judicial discretion that affect the quality of Russian justice, and ways to eliminate them are proposed.

КАК «РАБОТАЕТ» СУДИМОСТЬ?

A criminal record as a consequence of convicting a person for committing a crime with imposition of punishment results in criminal legal and a significant number of general legal consequences. Furthermore, if the mechanism of criminal legal consequences is developed adequately, the application of general legal consequences of a criminal record triggers many questions. The latter are set forth by a large number of federal laws of a different non-criminal legal profile and are valid even when the criminal record is cancelled or released and the criminal legal relations are terminated accordingly. The authors consider the disorganized, numerous and fundamentally life-long restrictions (specifically on the human right to dispose of the abilities for work freely) do not correspond to the fundamental principles of the legal status of an individual in a democratic society, and they do contradict the very concept of a criminal record as a temporary legal status of a convicted body, and they do violate the principle of justice.

Court’s modification of category of gravity of the committed offence and implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation: problems of theory, legislative regulation, and law enforcement

Leaning on the analysis of the provisions of current legislation, clarification of the supreme judicial authority, scientific doctrine, case law materials and statistics, this article explores the implementation of compulsory measures set by the Article 92 of the Criminal Code of the Russian Federation, after court’s modification of the category of gravity of the committed offence in accordance with the Part 6 of the Article 15 of the Criminal Code of the Russian Federation. The goal of this research lies in assessment from the perspective of the theory of criminal law of such specific procedure for implementation of disciplinary compulsory measures and herding to closed-type special institution, as well as identification of possible flaws and contradictions that may cause problems and ambiguous decisions in law enforcement practice. Attention is given to the existing contradictions between the provisions of criminal law and criminal procedure law, explanations of the Plenum of the Supreme Court of the Russian Federation, as well as legislative gaps and problems emerging in law enforcement practice in the context of provision set by the Article 92 of the Criminal Code of the Russian Federation in accordance with the Part 6 of Article 15 of the Criminal Code of the Russian Federation. Taking into account the sequence, grounds and conditions established by the legislator in the Part 6 of the Article 15 of the Criminal Code of the Russian Federation for the use of the latter, the conclusion is made on impossibility to apply compulsory educational measures in line with this norm. The article also substantiates the position infeasibility of preliminary imposition of penalty (de lege ferenda) on release of such with implementation of compulsory measures set by Part 1 and 2 of the Article 92 of the Criminal Code of the Russian Federation. The author also offers to supplement and rectify certain provisions of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 10 of May 15, 2018.

Optimal Sizing of Energy Storage System for Operation of Wind Farms Considering Grid-Code Constraints

Transmission system operators impose several grid-code constraints on large-scale wind farms to ensure power system stability. These constraints may reduce the net profit of the wind farm operators due to their inability to sell all the power. The violation of these constraints also results in an imposition of penalties on the wind farm operators. Therefore, an operation strategy is developed in this study for optimizing the operation of wind farms using an energy storage system. This facilitates wind farms in fulfilling all the grid-code constraints imposed by the transmission system operators. Specifically, the limited power constraint and the reserve power constraint are considered in this study. In addition, an optimization algorithm is developed for optimal sizing of the energy storage system, which reduces the total operation and investment costs of wind farms. All parameters affecting the size of the energy storage systems are also analyzed in detail. This analysis allows the wind farm operators to find out the optimal size of the energy storage systems considering grid-code constraints and the local information of wind farms.

Administrative prejudice in cases of petty theft (the Article 7.27 of the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation): how the big data of judicial acts reflect humanization and quality of justice

The subject of this article is the public relations arising in the context of committing petty theft, as well as research means and methods for assessing the optimization of legislation and law enforcement. Due to the specific structure of administrative prejudice, the article presents the methodology and results of the analysis big data of judicial acts in cases of petty theft (the Code of the Russian Federation on Administrative Offenses and the Article 158.1 of the Criminal Code of the Russian Federation) for assessing the quality of justice and optimization of legal regulation. The research is founded on the original interdisciplinary methodology, which contains the indicator approach along with the set of legal and computer aided techniques, including intellectual text and data mining, as well as machine learning. It is demonstrated that the judgments of conviction do not have considerable differences in the semantics and logical complexity of decision-making in comparison with the ruling on imposition of administrative penalty; the logic of making decisions on the choice of administrative or criminal penalty for petty theft varies, whereby the choice of administrative penalty is more differentiated. Despite the identity of acts related to administrative prejudice, their regulation by different laws leads to different enforcement results. Administrative-tort regulation is more optimal. Administrative responsibility for petty theft is rather humane for the society overall, although for victims, criminal responsibility appears to be more humane. Having analyzed the array of information, the author extracts certain knowledge on the administrative-tort and criminological characteristics of petty theft alongside peculiarities of court proceeding and imposition of penalties, as well as concludes on applicability of the developed methodology towards analyzing big data of case law on administrative and criminal offenses.

Control Mechanisms in Credit Management of Motorcycle Dealers in Camarines Norte, Philippines

This research assessed the control mechanisms in credit management of motorcycle dealers in Camarines Norte. Specific information were gathered pertaining to the profile of motorcycle dealers in terms of initial capital investment, length of business operation, average annual sales, average annual installment sales, number of employees assigned in collection, and training attended by collection personnel ; credit management employed by motorcycle dealers; level of assessment on the control mechanisms in credit management; and the significant relationship between the profile of the respondents and their level of assessment. Findings revealed that most of the respondents have at least five million and above initial capital investment with at least one million average annual installment sales. Also, their dealership business had been existing for ten years already with three to five personnel in-charge in the collection of payments, and been given the opportunity to attend to relevant trainings for at least three to five times a year. Accordingly, credit investigation and item repossession policy are among the commonly employed and existing credit management policies of the motor dealers. Further, the credit management’s control mechanisms along credit, billing, collection and imposition of penalties are highly observed by the motor dealers. The hypothesis when tested revealed a significant positive relationship which suggest that as the number of trainings attended by employees increases their level of assessment on the control mechanism in credit management in terms of collection also increases. The study strongly recommends regular conduct of training to personnel in-charge in collection, the adoption of computerization in recording transactions and giving of incentives to personnel who have reached the collection quota.

Digital Transformation of the procedure for bringing foreign citizens to administrative responsibility

  The subject of this research is the procedure for imposing administrative fine on foreign citizens and stateless persons, with or without administrative expulsion. The object of this research is the public relations that arise in the process of bringing the indicated persons to administrative responsibility. The goal consists in formulation of the proposals aimed at amendment of the procedure for bringing foreign citizens and stateless persons to administrative responsibility in the Russian Federation in the conditions of digitalization of government actions. Recommendation is made to amend the procedure for bringing to administrative responsibility in case of violating the migration legislation of the Russian Federation. Considering the proactive approach of the government towards digitalization of the migration sphere, the author offers the development and implementation of the “Automated Information System for Migration Control”, which would acquire the personal records of a migrant (identity, marital status, fact of committing an offence, or other information affecting the imposition of penalty) from other automated information systems. The article substantiates the need for bringing foreign citizens to administrative responsibility by the internal affairs officials based on the suggestions of the indicated system, formed using the artificial intelligence technologies, namely machine learning. The author offers to implement the rating that in the instance of imposing administrative fine would allow calculating a specific amount, or in the instance of administrative expulsion –the accurate time limit for closing entry. Transformation of the procedure for bringing to administrative responsibility would lead to more equitable court decisions, eliminate the possibility of selecting the norm by an official at his own discretion, and reduce the burden on the courts.  

The historical continuity of criminal law institutions in the russian legislation and reception of legal norms: viewpoints on crime and punishment

This article is concerned with the historical continuity of such criminal law institutions as crime and punishment with due regard to changing views on components of crime and the imposition of penalty. The authors have conducted a comparative-legal analysis of the sources of criminal law in Russia, considered the influence of the Greco-Roman, Byzantine, Germanic law on the Old Russian law and substantiated its originality. The stages of committing a crime and their role in choosing a certain penalty are discussed in the following documents: the Russian Truth, the Council Code of 1649, the Military Articles of 1715, the Code of Civil Laws of the Russian Empire of 1832, the Criminal and Correctional Punishments Code of 1845, the Charter of Punishments Imposed by Magistrates of 1864, the Criminal Code of 1903 and the Criminal Code of the RSFSR of 1926.

Investigating aggravating & mitigating factors considered by IIROC in penalty imposition

ABSTRACT The purpose of this study is to analyze the aggravating and mitigating factors considered by the Investment Industry Regulatory Organization of Canada (IIROC) hearing panels in penalty imposition. This research is based on data from 386 individual offender sanction hearings between 2008 and 2019 that were collected from IIROC’s website. Descriptive and correlation analyses were used to analyze the data. The findings from this research indicate that mitigating factors have more influence on penalties than aggravating factors. More than two-thirds of the frequently found mitigating factors considered by IIROC are related to post-offense. Another significant finding is that more than two-thirds of the frequent aggravating factors considered are also found in the frequently identified but not considered aggravating factors. These findings indicate that hearing panels were using mitigating factors to mitigate sanctions as opposed to the aggravating factors, which can escalate sanctions. It is hard not to see the Ontario Securities Commission and Ottawa not using the findings to inform self-regulatory reforms in Canada.

Negligence and Culpability: Reflections on Alexander and Ferzan

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus liable to reasonable blaming practices, even if negligence is not culpable, hence not sufficient to ground negative desert. Turning from conceptual inquiry to substantive questions of political morality, it then argues that a faulty actor’s lack of culpability does not render them immune from just punishment, but does significantly limit the severity of punishment that may be inflicted, for punishment should not be disproportionately severe relative to an agent’s culpability in relation to wrongdoing.

On the need to amend the sanction of the Article 235 of the Criminal Code of the Russian Federation “Unlawful practice of medical and pharmaceutical activity”

The study of educational, monographic, and other specialized literature testifies ti the fact that questions of imposition of penalty for committing an offence stipulated by the Article 235 of the Criminal Code of the Russian Federation have not been comprehensively examined. This article analyzes the practice of imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation. The object of this research is the social relations arising in the context of imposition of penalty for unlawful practice of medical and pharmaceutical activity. The subject of this research is the sanction of the Article 235 of the Criminal Code of the Russian Federation. The author considers the coercive measures applied to persons found guilty of committing an offence under the Article 235 of the Criminal Code of the Russian Federation. The acquired results contain scientific novelty and practical significance, and can be used for improving the criminal law. The author determines the following relevant issues associated with imposition of penalty under the Article 235 of the Criminal Code of the Russian Federation: high instance of inflicting a fine as a form of punishment; absence of practice of imposition of punishment in form of restriction of freedom or forfeiture to hold certain posts or carry out particular activity. The makes recommendations for improving the sanction of the Article 235 of the Criminal Code of the Russian Federation, taking into consideration the analysis of the legislation of CIS countries and domestic law enforcement practice.

Pemidanaan Terhadap Anak Sebagai Pelaku Dan Korban Dalam Tindak Pidana Pencabulan (Analisis Terhadap Putusan Hakim Nomor 8/Pid.Sus.Anak/2016/PN.Trt dan Nomor 9/Pid.Sus.Anak/2016/PN.Trt)

The application of punishment to minors as perpetrators of criminal acts of obscenity in the judge's decision does not provide a sense of justice for minors and their families as victims of obscenity. This study discusses the sentencing of minors as perpetrators of criminal acts of obscenity in cases of obscenity against child victims who are both underage in Decision Number 8/Pid.Sus.Anak/2016/PN.Trt and Decision Number 9/Pid .Sus.Anak/2016/PN.Trt dated September 6, 2016. It was concluded that the imposition of punishment on child perpetrators for the obscenity case in the Tarutung District Court Decision did not fulfill the sense of justice in a balanced manner according to the principle of proportional equality (distributive justice). Considerations for treatment and rehabilitation, as well as utility are not balanced, only for child actors. Child perpetrators are subject to maatregel, but child victims are not recovered from their trauma. Fines, compensation of any kind are not imposed on child perpetrators or their families for the costs of recovery, treatment, rehabilitation of child victims. Alternative legal sanctions for the parents of the perpetrator's child should be subject to civil liability for compensation. In order to have a deterrent effect and special prevention for parents, be careful, alert and control their children from criminal acts, continuous supervision, provide them with formal and non-formal education, and so on. The right to compensation should also be handed down by the court judge to the perpetrator even though it was not requested in the public prosecutor's indictment