Criminal Liability for Malicious Disobedience to Requirements of Penitentiary Institution Administration: A Vestige of the Past or a Need of the Present?

Puzyrov, M. S.; Sokorynskyi, Y.V.; Bodnar, I.V.

doi:10.32850/2414-4207.2019.11-2.26

Cited by 2 publications

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“…Another issue that the authors would like to address, and which requires a broader investigation, is the proposal to decriminalize malicious disobedience to the requirements of the administration of the penitentiary institution (Article 391 of the CCU) 3 . Among human rights defenders and lawyers, there is a discussion concerning the expediency of maintaining criminal liability for the said act, which is also reflected in law-making (Puzyrov, Sokorynskyi, & Bodnar, 2019). Thus, the Verkhovna Rada of Ukraine registered a draft law on the decriminalization of the offence prescribed in Article 391 of the CCU 4 (Draft Law No.…”

Section: ■ Discussionmentioning

confidence: 99%

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2022

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav

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Section: ■ Discussionmentioning

confidence: 99%

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2022

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav

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Section: ■ Discussionmentioning

confidence: 99%

Criminal offences that infringe on the procedure for the execution of court decisions under the legislation of the Republic of Azerbaijan and Ukraine: issues of legislative regulation

Ahmadov¹,

Vartyletska²

2022

Naukovij vìsnik Nacìonalʹnoï akademìï vnutrìšnìh sprav

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The relevance of this study is justified by the need to carry out a comparative legal study of the norms that ensure the protection of the interests of justice in the Republic of Azerbaijan and Ukraine in the field of implementation of judicial prescriptions as an important stage of the justice process as a whole. The purpose of this study was to implement a general description of criminal offences that encroach on the procedure for the execution of court decisions, according to the legislation of the Republic of Azerbaijan and Ukraine, as well as characteristics of those features that allow distinguishing the corresponding encroachments from other offences against justice and combining them into one category. This study employed a set of scientific methods: terminological, system-structural, formal logical, comparative legal. Based on the results of this study, it was established that the formalization of criminal offences, which encroach on the implementation of the principle of inevitability of legal responsibility, and the criminal law enforcement of court decisions in the Republic of Azerbaijan and Ukraine is an ongoing process. The conclusion was substantiated that the criminalization of a fairly wide scope of socially dangerous acts of this category implemented in the current criminal legislation of each of the States is conditioned upon the social need to ensure human rights and public interests in the field of implementing the tasks of justice. The provisions formulated in this paper will contribute to the search for more effective means of criminal law in the law-making and law enforcement of both the Republic of Azerbaijan and Ukraine.

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Criminal Liability for Malicious Disobedience to Requirements of Penitentiary Institution Administration: A Vestige of the Past or a Need of the Present?

Cited by 2 publications

References 0 publications

Untitled

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Criminal offences that infringe on the procedure for the execution of court decisions under the legislation of the Republic of Azerbaijan and Ukraine: issues of legislative regulation

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