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Abstract: Infectio us diseases is the subject of increased attention, which causes concern in society throughout the world. In this context, and in order to implement preventive measures, democratisation and protection of human rights are increasingly combined with measures of state coercion. The new challenge today is the COVID-19 pandemic, recognised by the World Health Organisation. Today is pandemic has forced a qualitative rethink of approaches to responding to the health challenges of both individuals and nations. States have gradually begun to use a variety of health measures, including policy and legal instruments, to control the spread and effects of COVID-19. Some states have resorted to criminal law to apply it to health care to prevent infection with COVID-19. A comparative analysis of the features of criminal liability for violating the quarantine regime in the European Union and Ukraine showed the variability of the structures of crimes, however, the unity of difficulties in qualifying socially dangerous acts and, as a result, the impossibility of effective prosecution. It was stated that there was an urgent need for States to recognise that the new coronavirus was a serious health emergency, but that the criminalisation related to COVID-19 was a worrying trend towards prolonging human rights restrictions. Experts are increasingly questioning, in particular, the feasibility and effectiveness of existing criminal law measures on health care and their fragmentary compliance with internationally declared human rights standards, which in the long run will be the basis for the abolition of new criminalised components of crimes. Keywords: Infectious diseases, quarantine measures, preventive measures, mandatory isolation. |
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Abstract: The main aim of the study is to consider problematic issues related to the qualification of a criminal offense, provided for in Article 302 of the Criminal Code of the Republic of Kazakhstan “Organization or maintenance of dens for the consumption of narcotic drugs, psychotropic substances, their analogues and the provision of premises for the same purposes”. This article describes the circumstances that make it difficult to prosecute persons who provide their homes or other premises for the consumption of narcotic drugs, psychotropic substances, their analogues, as well as the organizers of this type of illegal activity, creating conditions for anesthesia of the population. Through the study and analysis of statistical information, available approaches to this issue, as well as materials of judicial investigative practice in cases of this category, an attempt was made to consider the causes and conditions conducive to the commission of this offense, an author’s vision of resolving the situation was proposed. The article presents the data of criminal statistics in Kazakhstan for 2015-2018, identifies the most typical conditions conducive to the creation and functioning of drug traffickers, makes reasonable proposals for amending Article 302 of the Criminal Code of the Republic of Kazakhstan, aimed at improving the current criminal law. The materials of the article can be of practical value for law enforcement officers fighting the specified type of crime. Keywords: Narcotic drug, psychotropic substance, drug analogs, offense, illegal traffic. |
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Abstract: Migrants and ever-rising incidences of immigrant crimes tend to be perceived as a serious threat provoking fear and apprehension throughout the world. The current study provides useful insights into immigrant criminality and the ways of its deterrence. However, despite all recent attempts to carry out the scientific assessment of criminological characteristics of the studied social and legal phenomenon there is a strong need for a comprehensive study of foreign scientific literature and practice. Keywords: Migrants, criminality, civil society, the Russian Federation, statistics, criminology, judicial practice, criminal responsibility, victims. |
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Abstract: This study examines the professional actions of health workers during the spread of the COVID-19 pandemic from the point of view of criminological assessment in the context of labor relations. With the help of political and legal analysis and a comparative legal method, the work considers the international practice of assessing the actions of medical workers from the standpoint of criminal responsibility, political and legal initiatives concerning the protection of the rights of medical workers during the spread of a pandemic and quarantine measures. This study argues for significantly broader criminal immunity for health workers during a pandemic. At the same time, the study gives grounds to assert that today the lack of sufficient empirical data and research complicates an objective assessment of the offender. At the same time, based on the results of this study, it is suggested that in the near future the number of investigations and appeals to the court on issues related to the professional activities of medical workers carried out during the spread of the pandemic will increase.. Keywords: Criminal liability, health worker, labor law, pandemic, patient, professional competence. |
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Abstract: Criminal determination in a number of environmental offenses still raises excessive criminal threats. The weight of a criminal for offense committed due to negligence is even more severe than the weight of the criminal for deliberate offense which causes death. Criminal weights can also not be compared in weight to offenses that have the same level of seriousness. In the Law reviewed, the criminal threat in some formal offenses is more severe than in material offenses so that it violates the principle of proportionality. Excessive crimes can be overcome through ranking offenses based on their seriousness which refers to the four models of criminalization based on environmental losses. The serious environmental pollution model places the most serious offense ranking, followed by the concrete harm model, then the concrete endangerment, and finally the abstract endangerment. After the ranking of environmental offenses is compiled, the criminal weight is determined. Spacing of penalties between the offense groups to another also needs to be determined. Keywords: Disproportionate punishment, environmental law, criminal sanctions, mining law, criminology. |