This article presents the author's research on the topical problem of qualification of crimes committed by medical workers. The author has formulated a number of proposals aimed at the comprehensive improvement of the criminal law and for effective enforcement. This work aims to study the issue of criteria for quality medical care and solving the problem of increasing the effectiveness of Russian legislation on liability for crimes committed by medical workers. Methodology and methods: the article uses the comparative legal research method, as well as the method of interpreting legal norms, which make it possible to better comprehend the institutions of criminal law and determine the main directions of their development. Conclusions: the problem of the presence of imperfections in the current legislation is relevant for study. Auto draws the attention of the scientific community to the fact that in this area there is still no clear idea of what is meant by quality medical care (service), as well as the necessary differentiation between deliberate and careless harm caused by the provision of medical care. Also, the author points to the lack of specificity of the concept of "medical error", as well as the lack of parameters for determining the legal personality for this type of employee. Scope of the results: this article may be of interest to students of higher educational institutions: bachelors, undergraduates, graduate students who study this area of criminal law, as well as this material may be of interest to teachers of law universities, can be used as a guide for the preparation of practical and seminars.
Currently, they are attracting public attention and causing public resonance problems associated with the reassessment of the feat of the Soviet people in World War II. Various kinds of insinuations arise related to the denial of the persecution and mass extermination of Jews living in Germany, in the territory of its allies and in the territories occupied by them during the Second World War; the systematic persecution and extermination of European Jews by Nazi Germany and collaborators during 1933-1945. Practice shows that those guilty of Holocaust denial try to avoid criminal liability and influence judicial practice, referring to freedom of speech enshrined in Art. 5 Abs. 1 of the Basic Law of Germany. The purpose of the article. Investigate the institution of criminal responsibility for Holocaust denial in Germany. Based on an analysis of the norms of criminal law and judicial practice in Germany in specific criminal cases, investigate the difficulty of delimiting criminal liability for denying the Holocaust freedom of expression. Methodology and methods. For the purposes of this article, the author uses the methods of analysis, synthesis, induction, diduction, as well as comparative legal, historical legal and historical comparative methods. Conclusions. After conducting a study, the author concludes that in Germany the issue of criminal liability for Holocaust denial is complex. The article points out the fact of heterogeneity of court decisions, analysis of judicial practice shows that this issue is resolved extremely ambiguously. Despite this, the author points out the high role of the legislator and the practice of law enforcement in shaping the right attitude to historical events, the high role of peoples in certain significant facts that are part of the foundation of historical and cultural heritage. Scope of the results. This work may be of interest to students of higher educational institutions, as well as graduate students interested in criminal law of foreign countries. The article can be used by teachers of law schools as an addition to the educational material.
Human trafficking as a social phenomenon originated in the period of antiquity, the greatest spread reached in the early middle ages. Until the mid-19th century in many countries of the world, and in some countries until the mid-20th century, it was carried out quite legally. Modern trafficking in human beings, committed in the form of the purchase and sale of a person, his recruitment, transportation and concealment, is a criminal act, so it is carried out in disguise or completely hidden. Modern human trafficking dates back to ancient forms of the slave trade, which allows it to be defined as a modern form of slavery. Since the object of trafficking is currently a free person, it would be wrong to replace the terms trafficking in persons with slave trade, despite the fact that they are used as equivalent in international legal instruments.
The article is devoted to the study of domestic sources of law in the field of cybersecurity. Based on a generalization of sources in the field of international law, criminal legislation of foreign states and provisions developed in the Russian legal doctrine, the author concludes that it is impossible to effectively combat cybercrime when using the tools of a single state. The need for international cooperation in the designated area is a red line in all program and regulatory documents of the industry. Purpose of the article: The purpose of the article is to analyze international legal norms, current domestic legislation for the possibility of improving the criminal law mechanism for countering manifestations of "harassment" in Russian society. Methodology and methods: in this study, the author makes extensive use of methods of analysis, synthesis, induction, as well as the method of interpreting legal norms. Conclusions: as a result of the study, the author comes to the conclusion that it is necessary to ensure the global security of cyberspace by improving the legislation of the Russian Federation and effective international cooperation. In this article, the author presents the genesis of the normative consolidation of the mechanism for countering cyber threats, analyzes the mutual influence of sources of international and state law, considers the main provisions of program and conceptual documents that indicate the essence of Russia's legislative initiatives in the relevant area. The author concludes that taking into account international experience in this issue will contribute to the effectiveness of the reforms. Scope of the results: the material of the article is addressed to students of higher educational institutions, as well as graduate students conducting scientific research in the framework of research. In addition, the conclusions of this article can be used by teachers of law schools as a scientific and methodological material.
The author aims to conduct a study of the criminological characteristics of such a negative social phenomenon as cyber gambling. This social phenomenon was not chosen by chance as the object of research, it represents the most negative of all forms of addiction to computer games (including gambling). The purpose of the article: To reveal the concept of cybergambling from the standpoint of criminology, to highlight its main features, to identify the social groups most susceptible to this form of addiction. Methodology and methods: for the purposes of this article, the author has applied a wide range of general and specific scientific research methods. Including, along with analysis, synthesis, induction and deduction, were used the comparative legal method, as well as the method of interpreting legal norms. Conclusions: summarizing the causes and conditions of negative social consequences arising from gambling addiction, the author identifies several groups of determinants and reveals their essence. As a result of the study, conclusions and general recommendations are formulated to eliminate the causes and conditions for committing crimes related to illegal gambling.
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