ijcs
Abstract : Features of Criminal Liability of Juvenile Criminals: International Legal and Comparative Analysis
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Abstract: The relevance of the problem under study lies in the fact that the criminal liability of juvenile criminals is one of the most difficult areas of criminal law. Minors, given their physiological, mental, and social characteristics, are considered a separate category of criminals, being one of the most vulnerable segments of the population. Therefore, juvenile delinquency manifests itself not only in causing harm to public relations, the personality of the victim, but also directly to the minor, forming antisocial behaviour in the latter's mind. Considering the above, the problem of the specific features of the criminal liability of minors remains relevant today. The purpose of the study is to analyse the criminal liability of minors from an international legal standpoint, as well as to carry out a comparative analysis of the features of the regulation of criminal liability of minors in different countries of the world. To fully explore the subject matter of the study, a set of general scientific and special methods of cognition was used. In particular, the study used the methods of scientific knowledge, system analysis, scientific abstraction, generalisation, comparison, analysis and synthesis, grouping, formalisation, historical and logical analysis. For example, the leading method was the comparison method, which helped to compare the specific features of practice in other countries of the world in criminal liability of minors. The study analyses the features of the criminal liability of minors, in particular the minimum age of criminal liability, differences between countries in this regard, as well as general international standards. Keywords: Children under the age of criminal liability, age of criminal liability, juvenile justice, punishment. |
Abstract : Non-Authentic Property Declaring as a Qualifying Feature of a Corruption Offense: The Experience of Eu Countries
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Abstract: Declaring property is a method of fighting and preventing corruption. Making it mandatory to provide information about the property causes a number of problems that are related to the inaccuracy of the declaration information. European Union (EU) countries have different approaches to providing information and property information. Significant differences in the requirements for declaring income and assets were revealed. It was done on the basis of the data analysis. The systems of declaration and verification of information on the property of Central and Eastern European (CEE) countries were studied in this work. The difference in the procedures of verification of authenticity and establishment of responsibility in case of detection of violation is determined. It is determined that smaller sanctions have been imposed in the countries of Central and Eastern Europe with a higher level of corruption. Sanctions mainly relate to the imposition of fines. In Greece, penalties for administrative fines vary considerably in the number of fines and, in some cases, it might be imprisonment for up to 10 years. The system of verification of declarations also varies significantly within Central and Eastern Europe: from verification of declarations, in particular randomly or automatically, the usage of risk assessment methodology for inaccurate information of the declarant to the notification of unjustified amount of property. It is determined that the inspection takes place as a result of bringing a person to justice in 6 countries. Keywords: Declaration of property, declarant, non-authentic information, corruption offences, anti-corruption method. |
Abstract : Law and Person: Modernity and Forecasting
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Abstract: This study will investigate the efficiency of law, considering the relevant objective and subjective factors. The authors would like to emphasise that in no case this publication is intended to cast doubts on the universality of legal provisions, but rather, on the contrary, to emphasise it; as well as to emphasise what modern law must demonstrate nowadays, so that no such doubts arise in relation to this paper. The law itself is not effective – it is free people, who are subjects of law in their relations. A free person is an intelligent being who has the will, the gift of thinking, is capable of producing tools and can consciously use them. However, the mere biological in human does not define it as a person. Personality is described by a combination of biological content and social qualities. That is why the latter acts as a legal subject that embodies the legal existence, the principle of law, and acts as its carrier and implementer. An important issue in this context is the clear delineation of concepts such as progress, progressive change, and the usual (appropriate) standardisation, the proper performance of a certain phenomenon of its mandatory functions. In this study, the authors will try to answer the extent to which the law demonstrates its relevance in the life of the average person, civil society, the state to address certain contemporary issues. Keywords: Person, social regulators, reforms, legal provisions. |
Abstract : Legal Consequences of Mock Transactions
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Abstract: In order to increase the material benefits, in order not to pay taxes or to pay less, in order to conceal information and for other purposes, the parties entering into legal relations become participants in mock transactions. The practise of mock transactions is to replace the conclusion of a single document, such as a sale one, with the conclusion of a contract of charitable contribution. The practise of using mock transactions is quite common and it is almost impossible to prove the nature of the transaction. Therefore, this work is aimed at investigating the institution of the mock transaction, as well as to develop recommendations for the practical application of the rules governing this institution. To conduct this study, the materials of the practise of dispute resolution on the application of the consequences of fictitious transactions by the courts of Ukraine, the dialectical method of cognition, the formal-legal method, the hermeneutic-legal method were used. As a result of research the signs of mock transactions, approaches of detection of fictitious transactions are established. It can be concluded that the distinguishing feature of fictitious and mock transactions is the orientation of the will of the parties to the transaction on the occurrence of legal consequences. Keywords: Legislative regulation of transactions, expression of parties will, legal consequences, court decision, methods of protection in court. |
