Types Of Exemptions Research Articles

COVID-19 Vaccine Mandates: Attitudes and Effects on Holdouts in a Large Australian University Population.

Many governments and institutions mandated COVID-19 vaccines. In late 2021, we sought to ascertain the perspectives of staff and students from The University of Western Australia about the State or the University mandating COVID-19 vaccines. The survey captured vaccination status and intentions along with attitudes towards mandates and potential types of exemptions with 2878 valid responses which were quantitatively analysed and 2727 which were qualitatively analysed. The study found generally high levels of vaccination or intent, and strong support for mandates, underpinned by beliefs that vaccination is a moral duty and that mandates make campus feel safer. These sentiments were not more prevalent amongst individuals with comorbidities; often healthy individuals supported mandates to reduce their risk of transmitting disease to vulnerable family members. Individuals with comorbidities were, however, more supportive of excluding the unvaccinated from campus. Most opponents were unvaccinated, and many indicated that mandate policies would backfire, making them less likely to vaccinate. Despite the strong overall support, 41% of respondents did not want to see non-compliant staff or students lose their positions, and only 35% actively sought this. Institutions or governments introducing mandates should emphasise community concerns about catching COVID-19 and becoming sick or transmitting the disease to vulnerable loved ones.

Encouraging rule on exemption from criminal liability for the circulation of falsified medicines: problems of legislative construction

The article is devoted to the analysis of the legislative structure of the encouraging rule, which contains a special type of exemption from criminal liability for the circulation of falsified medicines. It is argued that the effectiveness of the incentive norm is primarily determined by qualitative approaches to formulating the content of the grounds and conditions of exemption from criminal liability. The specificity of this special type of exemption from criminal liability is determined by a set of objective and subjective features of the crime under Article 321-1 of the Criminal Code of Ukraine. The public danger of this crime is significant, which is confirmed by its classification by the legislator as serious and especially serious crimes. It is established that the provision in the structure of this article of a legislative compromise in the form of encouragement, first of all, pursues the goal of rapid detection and prevention of crime by encouraging a certain type of positive post-criminal behavior of the guilty.
 The position on recognizing as a condition for exemption from criminal liability the commission of actions that are alternatively provided for in part one of Article 321-1 of the Criminal Code of Ukraine, namely the manufacture, purchase, transportation, shipment, storage for sale of counterfeit medicines. It is noted that in the chain of actions aimed at introducing counterfeit drugs into circulation according to the degree of public danger, these forms of the objective side are equivalent.
 In contrast to the positions previously expressed in the science of criminal law, it is proposed to determine the objective (danger of the most falsified drugs in terms of the composition of substances contained in it) and sub effective criteria (awareness of the person who acts in accordance with Part 1 of Article 321-1, these dangerous signs).
 It is established that the existence of alternative grounds for dismissal creates problems in the application of this rule. The expediency of refusing to indicate the source of purchase of counterfeit medicines is justified, as active assistance in solving the crime includes this circumstance. Emphasis is placed on the inclusion in the legislative structure of the encouraging rule also to add the limits of the implementation of post-criminal behavior - to criminal prosecution. Based on the above, an updated version of the considered encouraging rule is proposed.

The importance of criminal legal classification of types of exemption from criminal liability for criminal procedural procedure. T

The importance of criminal legal classification of types of exemption from criminal liability for criminal procedural procedure. T

General and special types of exemption from criminal liability: appointment, purpose, design features

The subject of the article is the problem of compliance of general and special types of exemption from criminal liability with the legal nature of criminal law, as well as the logical consistency of criminal law matter.The purpose of the article is to establish the key factors influencing the construction of the content of general and special types of exemption from criminal liability by studying the goals, purpose and legal nature of the latter.The methodology includes dialectical, comparative legal methods, systematic analysis of legal academic literature, as well as interpretation of Russian criminal law.The main results, scope of application. The establishment of norms providing for the release of persons who have committed crimes from criminal liability in the law is justified by the disappearance (reduction) of the public danger of the committed act and (or) the personality of the person who committed it. Modern trends of criminal policy require the presence of such an instrument in the legislation, which allows avoiding unnecessary criminal repression, restoring the rights of victims. At the same time, the consolidation of special types of exemption from criminal liability in the text of the Special Part of the Criminal Code of the Russian Federation pursued two main goals: (1) To avoid the onset of more serious consequences (causing death or harm to the health of hostages); (2) Revealing and disclosure of latent (hidden) crimes. However, despite the indicated feature, special types of exemption from criminal liability should be built taking into account the tasks facing the criminal law of Russia and the goals of criminal liability.Conclusion. The content of the types of exemption from criminal liability is directly influenced by the purpose and goals of this criminal legal institution. The further improvement of this legal institution should be carried out exclusively taking into account the tasks facing the domestic criminal law.

Approaches to healthcare personnel exemption requests from coronavirus disease 2019 (COVID-19) vaccination: Results of a national survey.

Although a growing number of healthcare facilities are implementing healthcare personnel (HCP) coronavirus disease 2019 (COVID-19) vaccination requirements, vaccine exemption request management as a part of such programs is not well described. Cross-sectional survey. Infectious disease (ID) physician members of the Emerging Infections Network with infection prevention or hospital epidemiology responsibilities. Eligible persons were sent a web-based survey focused on hospital plans and practices around exemption allowances from HCP COVID-19 vaccine requirements. Of the 695 ID physicians surveyed, 263 (38%) responded. Overall, 160 respondent institutions (92%) allowed medical exemptions, whereas 132 (76%) allowed religious exemptions. In contrast, only 14% (n = 24) allowed deeply held personal belief exemptions. The types of medical exemptions allowed varied considerably across facilities, with allergic reactions to the vaccine or its components accepted by 145 facilities (84%). For selected scenarios commonly used as the basis for religious and deeply held personal belief exemption requests, 144 institutions (83%) would not approve exemptions focused on concerns regarding right of consent or violations of freedom of personal choice, and 140 institutions (81%) would not approve exemptions focused on introducing foreign substances into one's body or the sanctity of the body. Most respondents noted plans for additional infection prevention interventions for HCP who received an exemption for COVID-19 vaccination. Although many respondent institutions allowed exemptions from HCP COVID-19 vaccination requirements, the types of exemptions allowed and how the exemption programs were structured varied widely.

Effect of Tax Exemption for Domestic Investors on Government Revenue Collection in Zanzibar

The main aim of this study is examining the effect of tax exemption for domestic investors on the government revenue collection in Zanzibar. Specifically, the researcher concentrated on two types of exemptions, these are; absolute and partial tax exemptions. The researcher has mainly employed quantitative research approach with appropriate method of analysis for this study. A simple random technique was used to select research respondents of 100 sample size and survey questionnaire was used as data collection instrument. To achieve a credible study a multiple regression was used to analyze the collected data from relevant respondents. The study has revealed that one predictor (partial tax exemption) had a significant effect or impact on the outcome variable (government revenue collection). However, one predictor variable that is absolute tax exemption did not show any significant result. The study concluded that tax exemption is a good instrument to stimulate and attract domestic investors when other issues have been incorporated into the procedures, alone, it cannot stand as the only factor. Finally, the study recommended as the tax incentives and exemptions work or not, there is a need for transparency, public scrutiny and dialogue, equity and bargaining are essential to building a culture of tax compliance.

On the Question of the Type of Exemption from Criminal Liability of Minors

On the Question of the Type of Exemption from Criminal Liability of Minors

Zvilnennia vid pokarannia ta yoho vidbuvannia: materialno-pravovi ta protsesualni aspekty

The article analyses the institution of exemption from punishment and its serving in the criminal proceedings of Ukraine. The authors emphasize the interdisciplinary nature of this institute, which is a structural element of criminal, criminal executive and criminal procedural law. Taking this into account, according to the authors, it is necessary to harmonize the norms of the Criminal Code of Ukraine, the Criminal Procedural Code of Ukraine and the Criminal Executive Code of Ukraine, which are components of this specified legal institute. It is pointed out the confusion in the terminology in the criminal law norms, which causes the lack of unity of judicial practice and various wordings in the final part of guilty verdicts. The judicial practice of application of various types of exemption from punishment and its serving are analysed. Examples of court decisions which testify to the unequal application of criminal law norms regulating exemption from punishment and its serving are given. The contradictions of certain criminal law norms, for example, articles 85 and 86 of the Criminal Code of Ukraine, are emphasized. The authors come to the conclusion that in the case of the application of the law on amnesty or the act of pardon, as well as in the case of a person suffering from a serious illness, should be applied an exemption from serving a sentence, but not an exemption from punishment. It is noted that the fundamental difference in the legal consequences of exemption from punishment and exemption from serving a sentence is the occurrence of a criminal record, because persons convicted by a court verdict without a punishment or with an exemption from punishment are recognized as having no criminal record. Based on the analysis of grounds for exemption from punishment at the stage of passing a guilty verdict and the judicial practice of their application, the opinion about the actual existence of two separate types of guilty verdict (a verdict without punishment and a verdict with exemption from punishment) is expressed. It is emphasized that today the courts pass verdicts without assigning punishment, mainly, only in the case of release from punishment to a minor with the application of coercive measures of an educational nature to him. The own vision of the essence of exemption from punishment and exemption from serving punishment is proposed.

Vaccine Exemptions and the Risk of Continued Disease Outbreaks.

Vaccine Exemptions and the Risk of Continued Disease Outbreaks.

Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)

Criminal Procedure Code of Russia: Twenty Years Later (2001–2021)

Data-Driven Assessment of Nonmedical Vaccination Exemption Can Guide Public Health Response.

Kindergarten immunization requirements are an important inflection point to ensure children are fully vaccinated before they begin school, but some parents choose to obtain an exemption from school immunization requirements. All states have medical exemptions, and 47 states also offer nonmedical (philosophical and/or religious) ones, with considerable variation in the process to obtain the exemption.1 Eleven states mandate some type of education, ranging from online modules to in-person meetings, before receiving a nonmedical exemption (NME).2Nationally, the proportion of kindergartners with an NME has increased from 1.4% for the 2011–2012 school year to 2.6% for the 2019–2020 school year, whereas medical exemptions have remained at 0.2%.3 Clusters of high exemption rates can lead to outbreaks of vaccine-preventable diseases.4In this issue of Pediatrics, Masters et al5 assess the impact of a 2014 change in Michigan’s administrative rules6 to require parents to attend a vaccine education session at a local health department to obtain an NME. Masters et al5 analyzed school-level data on kindergarten vaccination requirements for 4 years before and after implementation of the new rules (2011–2014, 2015–2018) to calculate medical, philosophical, and religious exemption rates. They mapped school-level exemption rates to the district level and used the local indicators of spatial association to identify school districts with clusters of high exemption rates.Before the administrative rules change, Michigan parents could obtain an exemption at their child’s school, a situation ripe for “convenience exemptions,” in which it was easier for parents to get an exemption than to get their child up to date with vaccination requirements.2 Masters et al5 noted that from 2014 to 2015, immediately after the change in the administrative rules, NME rates fell by 32% but then increased in the 3 subsequent years. In the context of increasing NME rates nationwide,3 these findings suggest that the new NME policy successfully minimized exemptions of convenience but, given reports that few parents changed their decision secondary to the education session at the local health department,7 had minimal impact on exemptions of conviction linked to parental vaccine hesitancy.Overall NME trends mask a marked difference by school type. From 2015 to 2018, public school NME rates increased 25%; although private schools began with a higher NME rate, they had an even slower rate of increase. Over the same period, charter and virtual school NME rates increased ≥80%, suggesting a vastly different trajectory for vaccine hesitance in these settings. The study also identified school-level demographic characteristics (white, college educated, affluent) associated with high NME rates in other studies.8A strength of this study is the differentiation between the 3 types of exemptions and the description of the persistence of clustering over multiple years. The multiyear district-level information provided in this study would be useful to public health officials in every state. It would enable them to better understand the nuances of NME patterns so that they could develop partnerships and devise an array of strategies to address exemptions of conviction, specifically around clusters of religious or philosophical exemptions. This type of data also signals early trends, allowing public health officials to proactively address emerging problems, such as the extremely high NME rate in virtual schools, which are gaining in student enrollment.Although focused on NMEs, the study also revealed areas where persistent medical exemption clusters disappeared after the administrative rules change, as well as the appearance of a new medical exemption cluster. These unexpected patterns serve as a reminder that child health providers should be prudent in offering medical exemptions to vaccination.

Exemption from criminal liability as a means of crime prevention in the field of trafficking narcotic drugs, psychotropic substances, their analogues or precursors and other crimes against public health

Prevention occupies a leading place in the legal means of combating crimes in the field of drug trafficking, along with the detection, detection, investigation, appointment and serving of punishment for their commission, and so on. Exemptions from criminal liability have the task of providing legal protection of human and civil rights and freedoms, property, public order and public safety, environment, constitutional system of Ukraine from criminal encroachments, ensuring peace and security of mankind, as well as crime prevention (Part 1 of Art. 1 Criminal Code). Chapter XIII of the Special Part of the Criminal Code “Crimes in the field of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors and other crimes against public health” contains five types of exemption from criminal liability. They, as well as general types of exemption from criminal liability, in their content have common features: 1) are carried out exclusively by the court on behalf of the state; 2) apply to the person who committed the crime; 3) consist in refusal of official condemnation, sentencing and recognition of a person as a convict. In drug cases, the most common are Articles 307 and 309 of the Criminal Code. According to Art. 307 for the last year 4 865 persons were condemned, and Art. 309 – 15 137. While in 2017 there were 2 758 and 13 682 such persons, respectively. It is concluded that the special exemption from criminal liability as a means of preventing crimes in the field of drug trafficking, psychotropic substances, their analogues or precursors is aimed at self-disclosure of persons who committed minor crimes in the field of drug trafficking, as well as revealing the source of their acquisition or otherwise obtained. In addition, the prevention of drug trafficking is carried out by facilitating the detection of crimes related to drug trafficking. Special exemption from criminal liability, in the case of a certain set of positive post-criminal behavior in the field of drug trafficking, is imperative for the court and final for the perpetrator, and the person who committed it is recognized as having no criminal record.

УСЛОВНОЕ ОСУЖДЕНИЕ И ПОМЕЩЕНИЕ В СПЕЦИАЛЬНОЕ УЧЕБНО-ВОСПИТАТЕЛЬНОЕ УЧРЕЖДЕНИЕ: ОСОБЕННОСТИ ПРИМЕНЕНИЯ И СООТНОШЕНИЯ В КОНТЕКСТЕ СИСТЕМНОСТИ УГОЛОВНОГО ПРАВА

The systematic nature of criminal law forms the main features of the industry, namely: normativity, universalism, that is, the absence of casuistry and obligation. The strict consistency of both the entire industry and its individual institutions allows avoiding the redundancy of criminal law regulation, clearly determining the legal status of a person in conflict with the law. However, the norms of the Criminal Code of the Russian Federation do not always meet these requirements due to defects in legal technology, and, sometimes, gaps in regulation. In practice, the courts, in an effort to minimize the above defects, sometimes resort to excessive criminal law regulation; as an example, the article gives the ratio of the application of suspended sentence and placement in a special educational institution of a closed type. The article analyzes sentences to minors in which Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation were simultaneously applied in one sentence for the same act. For a comprehensive study, the article analyzed sentences to minors held in special educational institutions of a closed type for the period from 2014 to 2020, criminal statistics posted on the website of the Judicial Department of the Supreme Court of the Russian Federation, as well as various points of view of leading legal scholars. The research methods of static observation, analysis and synthesis, the system-structural method, as well as a number of factographic methods, were used. The study develops from the general to the specific, i.e., first, systematicity is analyzed as a property of the branch of criminal law and then as a property of a legal institution, namely, the release of minors from criminal liability. Consistency as a property of the institution of exemption from criminal punishment presupposes the impossibility of intersecting elements within one institution. Special attention is paid to the legal nature of suspended sentence as the most common punishment measure for minors, and its effectiveness. Then the cases of the simultaneous application of Art. 73 and Part 2 of Art. 92 of the Criminal Code of the Russian Federation are analyzed. In the course of the study, the author examines the features of suspended sentence and placement in a special educational and educational institution of a closed type, compares these two forms of criminal liability, and highlights the differences. The conclusion is that the simultaneous placement in a special educational institution of a closed type and suspended sentence are a redundancy of criminal law regulation. The article raises the question of the need to improve the Criminal Code in terms of the development of placement in a special educational and educational institution of a closed type as a type of exemption from criminal punishment: the court is to be provided with the opportunity to control the juvenile offender’s correctional process.

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Proper delineation of different types of exemption from criminal liability, the solution of competition between the legal norms foreseen such exemption are important in practice. However, law enforcers, within closing criminal proceedings (termination of criminal prosecution) and releasing from criminal liability, do not even think about the existence of such competition and about the need to choose a legal norm that is more advantageous for the accused. Sometimes the competition of criminal law norms in legal literature is reduced only to the competition of these rules within the qualification of an act prohibited by the Criminal Code of Ukraine. This article is devoted to the analysis of credibility of this statement, possibility of competition within the procedure of releasing from criminal liability, as well as to the mode of action under such competition. The impossibility of competition between certain types of exemption from criminal responsibility has been criticized. It is noted that it�s impossible to give universal recommendations for determining the most �profitable� norm on the basis of which the exemption from criminal responsibility is permissible. However, the following conditions have to be taken into consideration: 1) whether the possibility of bringing a person to criminal responsibility in the future will remain; 2) whether it is obligatory for the court to make a decision on exemption from criminal responsibility; 3) which offences and persons who committed them the norm is settled for; 4) what (more or less strict) conditions for exemption from criminal responsibility are settled, when other conditions are equal. It is proved that the differentiation mechanism of types of exemption from criminal responsibility after effective repentance and after reconciliation with the victim should be as follows: if there is a victim (in the procedural sense) the proceedings should not be closed under Art. 45 of the Criminal Code of Ukraine. There is a special institution - the closure of criminal proceedings after reconciliation of the perpetrator with the victim (Article 46 of the Criminal Code of Ukraine) for exemption from criminal responsibility in such cases. The exemption from criminal responsibility after effective repentance is expedient to apply if the encroachment harms the public interest. It is substantiated that a special rule, regarding one fixed in Article 45 of the Criminal Code of Ukraine, is foreseen by Part 4 of Article 311 of this Code - because it foresees the conditions of exemption from criminal responsibility of a person who has committed a specific criminal offense. The unambiguity and categoricalness of the statement, under which in Article 45 of the Criminal Code of Ukraine is not foreseen a general type of exemption from criminal responsibility regarding the special ones foreseen by the Special Part, is criticized; it is proved that at least one such exception exists;

The Scientific And Theoretical Classification Of Types Of Exemption From Punishment

This scientific article addresses the issues of pandemic impunity, the necessity, basis and importance of certain types of impunity in a pandemic, the improvement of certain types of impunity in a pandemic, the legal relationship of illness and disability with a pandemic, some types of impunity in a pandemic. in the application of scientific and theoretical views, the study of problems in legal and law enforcement practice and the coverage of their solutions.

Grounds, conditions and features of exemption from criminal liability provided for in part five of Article 354 of the Criminal Code of Ukraine

The article is devoted to the analysis of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code of Ukraine. The directions of modern researches of this problem are analyzed. The concept of exemption from criminal liability on the grounds specified in part five of Article 354 of the Criminal Code, conditions and criminal consequences. The application of general types of exemption from criminal liability of persons who have committed corruption offenses is limited by the legislator, and the implementation of such as expiration due to the expiration of the statute of limitations does not cause difficulties in practice. criminal liability provided for in part five of Article 354 of the Criminal Code. Key words: criminal liability, corruption offense, exemption from criminal liability, grounds for exemption from criminal liability.

The Emergence of Spatial Clustering in Medical Vaccine Exemptions Following California Senate Bill 277, 2015-2018.

Objectives. To understand how the elimination of nonmedical vaccine exemptions through California Senate Bill 277 (SB277) may have resulted in increased spatial clustering of medical exemptions.Methods. We used spatial scan statistics and negative binomial regression models to examine spatial clustering in medical vaccine exemptions in California kindergartens from 2015 to 2018.Results. Spatial clustering of medical exemptions across schools emerged following SB277. Clusters were located in similar geographic areas to previous clusters of nonmedical vaccine exemptions, suggesting a spatial association between high nonmedical exemption prevalence and increasing rates of medical exemptions. Regression results confirmed this positive association at the local level. The sociodemographic characteristics of the neighborhoods in which schools were located explained some, but not all, of the positive spatial associations between exemptions before and after SB277.Conclusions. Elimination of nonmedical vaccine exemptions via SB277 may have prompted some parents to instead seek medical exemptions to required school vaccines. The spatial association of these 2 types of exemptions has implications for maintaining pockets of low vaccine compliance and increased disease transmission.

Getting Personal: How Childhood Vaccination Policies Shape the Landscape of Vaccine Exemptions.

BackgroundState-mandated school entry immunization requirements in the United States play an important role in achieving high vaccine coverage, but variations in vaccine exemption policies result in a patchwork of vaccine coverage across the country.MethodsIn this study, we evaluate epidemiological effects and spatial variations in nonmedical exemption (NME) rates in the context of vaccine policies. We first analyze the correlation between NME rates and vaccine coverage for 3 significant childhood vaccinations. Furthermore, we assess the effects of policy changes in a subset of states, using a correlative approach at the state level and performing a clustering analysis at the county level.ResultsWe find that higher rates of exemptions are associated with lower vaccination rates of school-aged children in all cases. In a subset of states where exemption policy has recently changed, we show that the effects on statewide NME rates vary widely and that decreases in NMEs can lead to an increase in other types of exemptions. Finally, our clustering analysis in California, Illinois, and Connecticut shows that policy changes affect the spatial distribution of NMEs.ConclusionsOur work suggests that vaccination policies have significant impacts on patterns of herd immunity. Our findings can be used to develop evidence-based vaccine legislation.

Модель совершенствования института освобождения от уголовной ответственности в уголовном праве РФ

The paper discusses promising ways for improving the set of rules governing exemption from criminal liability in modern domestic criminal law. The author highlights that an additional study of the mentioned institute has revealed a number of shortcomings both in terms of the given legislative form and the internal regulatory content. The criteria for distin-guishing types of exemption is proposed in the study, the necessity of introducing new types of exemption from criminal liability (in particular, in connection with the abolition or amendment of the criminal law, on bail) is justified, as well as the mod-ernization which is already regulated in the Criminal Code of the Russian Federation. Specific proposals have been formulated to introduce a number of leg-islative developments. As a result, a theoretical model for optimizing the criminal law in the referred part is constructed.

ЗАРУБІЖНИЙ ДОСВІД ЗАСТОСУВАННЯ СУДОВОГО ШТРАФУ ЯК ІНШОГО ЗАХОДУ КРИМІНАЛЬНО-ПРАВОВОГО ХАРАКТЕРУ

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 integral norms of modern foreign criminal law governing the application of a court fine provide for the possibility of practical implementation of: a) the principle of the minimum application of a particular criminal punishment; b) the principle of maximum possible assistance for an alternative, “non-criminal” outcome of the criminal proceedings. The main purpose and result of the application of a court fine is to release one or another offender from criminal liability in general and release him from one or another type of criminal punishment. The procedural part of the application of a court fine is the decriminalization of one or another act of the offender, which is carried out on the basis of the court taking into account the severity of the offense committed, the degree of preliminary law-abidingness of the offender, as well as the previous social, moral, material and other actions of the offender aimed at compensating his guilt before the victim and compensation by the offender for the harm caused by the crime. Within the framework of modern criminal law of a small number of individual states, there are two main substantive types of normative release of the offender from criminal liability by paying him a court or a similar fine: a) the application by the court of the court fine itself; and b) the application by the court of a fine associated with a change in the form of criminal liability.