The article conducts a comparative criminal law investigation to ensure freedom of religion in Ukraine and some countries. The subject of the study is a person's right to freedom of religion guaranteed by the Ukrainian Constitution. In conducting this research, a comparative legal method was widely used, which allowed a two-tier analysis (empirical and theoretical) of the legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion under criminal law, to identify the originals and specific manifestations of such support, to determine the patterns of development of each country's criminal law. As a result of the investigation, some gaps and advantages of Ukrainian law were identified in terms of criminal law guaranteeing the right to freedom of religion. Itstates that Ukraine's modern criminal law generally complies with international standards for the protection of citizens' constitutional right to freedom of religion, but there are some shortcomings in terms of unequivocal understanding of the elements of crimes that violate freedom of religion, which are worth discussing.
The analysis of certain points of the criminal legislation of the foreign countries, which provide protection of labour rights, freedoms and social interests, is made in the paper with the help of comparative legal analysis. Despite the quite wide legal regulation of labour relations in all countries in the world, the special criminal law protection of labour rights has remained a feature of "eastern" countries of the continental family of law mainly, the so-called post-socialist family of law. The analysis of criminal legislation of foreign countries regarding criminalization of the violation of labour rights of a person is conducted in the paper. Comparative-legal analysis allows defining general approaches to formation of labour rights of employees, including in the sphere of contractual relationship. The most similar and corresponding to the national criminal legislature are the Criminal codes of Spain an Polish Republic, which establish criminal liability for violation of not only labour legislation in force, but also conditions of individual labour acts (agreements, contracts etc.). It is stated in the text that the protection of labour rights in the modern legislation of foreign countries often has fragmentary, unsystematic nature. The violation of labour safety rules is most often regulated in the criminal legislation of foreign countries. Other types of violation of the labour legislation are regulated with arbitration under administrative or civil legislation. The drawbacks of the fatherland`s legislation are mentioned and the main positive improvements in this sphere after adoption of the Criminal Code of Ukraine in 2001 are emphasized. It was made the conclusion that the list of crimes against labour rights, which are provided by modern criminal legislations, is strong enough and has specific features. The list mentioned above could be the target for improving Ukrainian criminal legislation in certain cases. Therewith it is important to remember that formation of the legislation in the sphere of the protection of labour rights, freedoms and social interests directly depends on the development of the regulatory legislation. It is the clarity and certainty of blanket norms that will become the fundamental basis for the formation of effective criminal law protection of labour rights, freedoms and interests.
The article analyses the problem of interpretation of cross-cutting criminal law concepts in the Criminal Code of Ukraine. The urgency of the study is due to the rapid reform of criminal law of Ukraine and the need to create a sustainable and high-quality conceptual framework of criminal law. In accordance with the tasks set in the article, the state of theoretical developments in the field of interpretation of cross-cutting criminal law concepts, their practical implementation and implementation in legislation was analysed. The article identifies the importance of universal interpretation of crosscutting criminal law concepts to ensure the rule of law and the implementation of state-guaranteed human rights. Prospects for the development of criminal law through the creation of an official interpretation of the conceptual apparatus of the Criminal Code of Ukraine were studied. The study was based on the work of legal scholars, as well as the practice of national law and the conclusions of the European Court of Human Rights. The article used the dialectical method as a general method of scientific cognition, by means of which social relations and phenomena that are the subject of research were studied in their interaction and complementarity. The method of analysis was used to determine the essence and content of the problem of interpretation of cross-cutting criminal law concepts. The results of the study identified ways to overcome the problem of interpretation of cross-cutting criminal law concepts and prospects for further development of criminal legislation in the presence of a stable conceptual apparatus. The obtained results allowed to made recommendations for practical improvement of the criminal legislation of Ukraine.
The article conducts a comparative criminal law research of ensuring freedom of religion in Ukraine and in some foreign countries. International standards for the protection of religious freedom are analyzed. It is concluded that this right is fundamental and should be ensured at the appropriate level by all states of the civilized world. The object of the study is the right of a person to freedom of religion guaranteed by the Constitution of Ukraine. In carrying out this research, a comparative legal method was widely used, which allowed for a two-level analysis (empirical and theoretical) of legal systems of Ukraine and some foreign countries in terms of ensuring freedom of religion by criminal law, to identify original and specific manifestations of such support, to determine the patterns of development of criminal legislation of individual countries and to establish relations with international standards for the protection of religious freedom. In addition, a formal-legal method was used, which made it possible to classify and systematize the researched criminal law norms, and a method of interpretation, which allowed to clarify the content of certain norms of criminal law. As a result of the research, some gaps and advantages of domestic legislation in terms of criminal law ensuring the right to freedom of religion were identified, it is established that the modern criminal law of Ukraine in general meets international standards for the protection of the constitutional right of citizens to freedom of religion, but there are some shortcomings in terms of unambiguous understanding of the elements of crimes that infringe on freedom of religion. This makes it difficult to apply the law. In particular, there are a significant number of evaluative features of the corpus delicti that need to be clarified and cannot be clearly defined by a literal interpretation of the criminal law.
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