Property rights to transport: regulatory issues

Semeryanova, Nina; Федоренко, О. А.; Kopytova, Anna

doi:10.1051/matecconf/201823904013

Cited by 25 publications

(5 citation statements)

References 2 publications

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“…In general, summing up the study of issues of criminal liability for insurance fraud [15,16,17,18,22,24,30] in criminal law of the states of the Romano-German legal system, it should be noted:…”

Section: Resultsmentioning

confidence: 99%

Criminal liability for insurance fraud in the Romano-German legal system

Гасанов

2020

E3S Web Conf.

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The article is devoted to the issue of fighting insurance fraud in the states of Romano-German legal system. The aim of the work is to study the experience of the states of Romano-German legal system in field of fighting insurance fraud. For the analysis of foreign criminal law, the comparative legal method was used. In addition, study was carried out using formal logical, dialectical method of cognition of social and legal phenomena, as well as methods of induction and deduction. Based on the study of legislative separate states, the author notes a number of specific features of development of this legislation. In particular, it is indicated that in relation to the issue of establishing liability for insurance fraud in the criminal law of the European states of the Romano-German legal system, there are three main approaches: liability comes within the framework of general rules on fraud (France); liability is partially established in the framework of special criminal law on liability for insurance fraud, partly such liability arises in accordance with general criminal law in the field of fraud (for example, Germany, Austria); liability for insurance fraud is provided in the framework of special criminal law on liability in the area in question (for example, Holland, Italy) and a number of others.

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Section: Resultsmentioning

confidence: 99%

Criminal liability for insurance fraud in the Romano-German legal system

Гасанов

2020

E3S Web Conf.

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“…Serova notes concept of "robot", "robotics" require clear systematization, since part of such automated systems will relate to traditional objects of rights, for example, industrial robotic manipulators. However, in relation to other types of robots, whose functioning is associated with artificial intelligence and the interaction of neural networks, the question arises of possibility of their inclusion in circulation as subjects of law [10][11][12].…”

Section: Resultsmentioning

confidence: 99%

Civilistic approach to the concept of robot as an object of civil law

et al. 2019

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The relevance of the study is specified by the issue of determining the status of robots in civil law. The paper attempts to establish the legal identification of robot as an object of civil rightsin order to enshrine in the law provisions on this new object. Classification of robots is also proposed, which can serve as the basis for subsequent systematization of robots and their registration systems. The leading research approaches used by the authors are such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method. Conclusions: definition of digital and virtual robot is proposed. The authors believe that digital robot does not have to possess signs of anthropomorphism, the main thing in it is the level of intelligence. Anthropomorphism should currently be considered from the point of view of resembling a person by intellect, not by physical characteristics.

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“…The Dutch Criminal Code enshrines "punishment" in the second section, and medical and educational measures do not form a separate independent institution, they only have chapters in this section [19].…”

Section: Discussionmentioning

confidence: 99%

Social distributional aspect of penal actions

Lapshin

Korneev

2019

E3S Web Conf.

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Criminal legislation of any state provided at the initial stages of its development for punishment as the only measure of criminal law influence on a person committing a socially dangerous act. Moreover, the types of punishment mainly boiled down to long periods of isolation of the convicted person from society: hard labor and imprisonment. Only in the middle of the twentieth century Russian legislation ensured the distinction between the categories of “criminal punishment” and “criminal liability”, although the official definition has not yet been formulated. The main legally significant signs of criminal punishment as measures of state coercion and other measures implemented within the framework of criminal liability coincide, and therefore it is not possible to ensure a consistent legal differentiation of these categories. In addition, “other measures” of a criminal law nature are highlighted in the Russian criminal legislation, their essence is currently uncertain, since they apply to persons incapable of criminal responsibility (insane, some groups of minors), and persons convicted of a crime. Such terminological inconsistency creates problems in practical application of provisions of the criminal and penal legislation to ensure the correction of convicted person and the prevention of new crimes. Basing on the results of the study, it was proposed to divide the groups of measures that are implemented within the framework of criminal liability institutions and other measures of a criminal law nature. The former apply to persons convicted of a crime. “Other measures” are applied to persons incapable of criminal responsibility for a committed socially dangerous act due to a state of health or social and intellectual immaturity: irresponsible, mentally retarded, minors. This will provide the proper terminological distinction of the essence of legal categories and will allow identifying true goals of their application.

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Property rights to transport: regulatory issues

Cited by 25 publications

References 2 publications

Criminal liability for insurance fraud in the Romano-German legal system

Criminal liability for insurance fraud in the Romano-German legal system

Civilistic approach to the concept of robot as an object of civil law

Social distributional aspect of penal actions

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