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Criminal Law

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2018

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General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova Dec 2018

General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova

ProAcademy

The article describes the concept of corruption, a general description of corruption o ffen sesa n d the reasons for the crime and its prevention.


The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov Dec 2018

The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov

ProAcademy

This article addresses the issue of implementation to the legislation of the Republic of Uzbekistan certain provisions of Article 53 of the UN Convention against Corruption on criminal assets recovery in terms of permitting foreign state to initiate civil suits in the courts of the member states to establish ownership of property acquired through corruption offenses. The author analyzed the existing mechanism for filing civil claims for recognition of ownership of assets by foreign states in the courts of the Republic of Uzbekistan, as well as solving civil suit within criminal proceedings.


Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov Dec 2018

Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov

ProAcademy

The article studies scientific-practical analysis of conditions connected with subjective sides of the criminal complicity institute and proposals aimed at uniform application of law norms in law-enforcement practice are developed.


Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov Dec 2018

Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov

ProAcademy

This article examines the legal content and frameworks of the application of the privileges and immunities of the representative offices of international organizations in member states. It contains a detailed analysis and deliberation of the legal basis of privileges and immunities of representative offices of international organizations in Member States. The article tries to clarify and highlight the most pressing issues concerning the application of privileges and immunities of representations of international organizations, and propose some practical solutions to those issues.


Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev Dec 2018

Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev

ProAcademy

This article addresses the challenges of ensuring the protection of children involved in violent extremism and terrorism through the recruitment and exploitation of minors by extremist and terrorist groups. Based on the analysis conducted' the author proposes to continue the implementation of international standards for juvenile justice in Uzbekistan and to strengthen the role of international organizations in ensuring the protection of the rights and interests of children.


Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev Dec 2018

Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev

ProAcademy

In contemporary conflict ridden world the struggle against extremism within youth environment has become increasingly more multifaceted, preventive and unconditionally obligatory in the context of state youth policy implementation. The task of early prevention of the likelihood of adolescents and young people of Uzbekistan falling under the Influence of violent ideology !s carried out by Joint efforts of state and public organizations with the active involvement of the general public and, especially, its most active layer — the youth themselves. Such a comprehensive and integrated policy, which has its own internal and international aspects, represents a unique experience that has …


General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov Dec 2018

General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov

ProAcademy

In this article the author conducted an analysis general characteristics of crimes related to obstruction, unlawful interference in business activities.


Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov Dec 2018

Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov

ProAcademy

This article illustrates the theoretical aspects of facultative signs of the objective side of the crime and their legal significances, including the theoretical and practical problems of facultative signs of the objective side of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. In addition, proposals and recommendations are given for further Improvement of the criminal legislation of the Republic of Uzbekistan.


Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova Dec 2018

Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova

ProAcademy

This article covers the concept of the motive of revenge for a crime, its essence, as well as its influence on the qualification of a crime, including theoretical and practical problems of the motives of revenge for a crime, which are specified in the Criminal Code of the Republic of Uzbekistan, in addition, proposals and recommendations for further improvement of criminal legislation of Republic of Uzbekistan.


Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov Dec 2018

Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov

ProAcademy

This article explores the use of crypto assets in criminal activities, also analyzes the law on digital economy


The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona Dec 2018

The "Damned" In A Flashover State: Arson And The Use Of Scientific Methods And Expert Testimony In West Virginia, Christopher W. Maidona

West Virginia Law Review Online

The fire moved quickly through the house as Cameron Todd Willingham screamed for his children from the front porch. Inside the blaze were his three children. Firefighters arrived, uncoiled hoses, and aimed water at the raging fire. However, all three Willingham children died that night from smoke inhalation.

News of the December 23, 1991, tragedy spread throughout Corsicana, Texas. Meanwhile, investigators sought to determine what caused the fire. The investigators “toured the perimeter of the house, taking notes and photographs, like archeologists mapping out a ruin.” In the kitchen, they found smoke and heat damage—signs the fire had not originated …


From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts Dec 2018

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …


Ancaman Pidana Bagi Intellectuel Dader Black Campaign: Studi Putusan Nomor 17/Pid.Sus/2014/Pn.Bul, Rafli Fadilah Achmad Dec 2018

Ancaman Pidana Bagi Intellectuel Dader Black Campaign: Studi Putusan Nomor 17/Pid.Sus/2014/Pn.Bul, Rafli Fadilah Achmad

Jurnal Hukum & Pembangunan

Black Campaign is a prohibited campaign method conducted based on agitation, slander, pit fighting, lies or hoaxes. The vast growth of social media platform has emerged as a distinct challenge in Black Campaign eradication. The popular form of Black Campaign nowadays constitutes reality bending photo and video editing, candidate discussing a fake issue, whatsapp broadcasting, hoax news creation and distribution, and fake polls. As such, Black Campaign law enforcement in the end that focuses not only on the strafbaarfeit element but also narrowing to the intellectuele dader element. Black Campaign regulation has been administrated in several regulation concerning Election in …


Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev Dec 2018

Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev

Review of law sciences

The article discusses the theoretical basis of implementation of one of the goals of punishment, namely the prevention of crime. It also examines the philosophical and historical assumptions of the definition of the purpose of punishment, and the effectiveness of the modern penal system and practices of their purpose from the point of view of achieving the goal of crime prevention. The attention is focused on the low efficiency of crime prevention on the part of the convicted person (special prevention) on the basis of the indicator of the level of recurrence of crimes. It is stated that the reason …


Affect (Strong Mental Excitement) As Means Of Legal Structure In A Condition Of Relief And Penalty, K. Khakimov Dec 2018

Affect (Strong Mental Excitement) As Means Of Legal Structure In A Condition Of Relief And Penalty, K. Khakimov

Review of law sciences

The article analyzes the main features and qualification of a crime committed in the heat of passion as provided in the article 98, 106 of Criminal Code of the Republic of Uzbekistan. IT ALSO studies the main principles in understanding the concept of affect and the relation between legal and psychological meaning of affect. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.


Conceptual Framework For The Development Of Criminal Legislation Of The Republic Of Uzbekistan, B. Xidoyatov Dec 2018

Conceptual Framework For The Development Of Criminal Legislation Of The Republic Of Uzbekistan, B. Xidoyatov

Review of law sciences

This article analyzes the problems in Criminal Law in accordance with the tasks mentioned in the Strategy of Actions for further improvement of the Republic of Uzbekistan, and identifies priority directions for the improvement of criminal law.


Counteraction To Cyber Terrorism: International Legal And Criminal Legal Aspects, A. Rasulev Dec 2018

Counteraction To Cyber Terrorism: International Legal And Criminal Legal Aspects, A. Rasulev

Review of law sciences

This article analysis the international acts and standards of the foreign criminal legislation providing questions of counteraction to cyberterrorism.


Mandatory Enforcement Bureau - As An Investigating Authority, E. Shermatov Dec 2018

Mandatory Enforcement Bureau - As An Investigating Authority, E. Shermatov

Review of law sciences

In this article, the author provides analytical information about the role of the Bureau of Compulsory Execution of the Republic of Uzbekistan in the public life of the citizens, the mechanisms and regulations in this area, as well as their application. The article presents the views of the author on the mechanisms of the Bureau of Compulsory Execution in the implementation of investigative functions.


Approaches To The Study Of The Physical And Psychological Prophylaxis Of Crimes Committed Against Persons, S. Niyozova Dec 2018

Approaches To The Study Of The Physical And Psychological Prophylaxis Of Crimes Committed Against Persons, S. Niyozova

Review of law sciences

This article is devoted to the issues that analyses approaches on Viktimological preventive measures of coercion against persons and basing on the results promotes proposals on that sphere.


Measures Of Preventing Crime Of Non-Performance Of Ones Duties In Their Profession, Sh. Khaydarov Dec 2018

Measures Of Preventing Crime Of Non-Performance Of Ones Duties In Their Profession, Sh. Khaydarov

Review of law sciences

The article defines the factors that determine the development of criminal legislation governing liability for crimes against life and health committed by the medical staff of Uzbekistan and foreign countries because of their inadequate responsibility. Taking into account the experience of foreign countries (USA, Australia, Canada), there are measures aimed at preventing the crime of medical personnel, unable to professionally perform their duties.


Comparative Analysis Of The Endangerment Under The Criminal Law Of Some Developed Foreign Countries, S.R. Davletmuratov Dec 2018

Comparative Analysis Of The Endangerment Under The Criminal Law Of Some Developed Foreign Countries, S.R. Davletmuratov

Review of law sciences

In this article, from the point of view of the comparative analysis, the legal provisions of the criminal legislation of some foreign countries, devoted to the regulation of criminal liability for remaining in danger, are considered. Analyzed the characteristic features of the method of normative presentation of the elements of the crime, the use of various methods of legal analysis (for example, specific rules). The necessity of implementation of some provisions and norms of the Criminal Code of developed countries in the process of improving the national criminal law has been identified and substantiated. On the basis of the conducted …


Possibilities Of Comparative Criminal Procedure In Reforming And Modernizing The Judicial And Legal System Of Uzbekistan, A.R. Akilov, S.D. Alimova Dec 2018

Possibilities Of Comparative Criminal Procedure In Reforming And Modernizing The Judicial And Legal System Of Uzbekistan, A.R. Akilov, S.D. Alimova

Review of law sciences

In this article, the author attempted to reveal the possibilities of a new direction of legal science, emerging not only in Uzbekistan, but also in the entire post-Soviet space – comparative criminal procedural law, which can be used at the present stage of reforms and changed in Uzbekistan in the field of justice. In particular, the comparative criminal procedure law can successfully, on the basis of the proven experience of the most developed democratic countries, solve many tasks identified in the field of justice recently adopted. Development strategy on five priority directions of the Republic of Uzbekistan for 2017–2021. These …


Liablity For Legalization Of Incomes Obtained From The Proceeds Of The Offences In International Law Acts And Legislation Of Foreign Countries, F.M. Fazilov Dec 2018

Liablity For Legalization Of Incomes Obtained From The Proceeds Of The Offences In International Law Acts And Legislation Of Foreign Countries, F.M. Fazilov

Review of law sciences

This article the author analyzes the issues of responsibility for the legalization of income derived from criminal activity in international legal acts and legislation of foreign countries. The legalization of proceeds derived from criminal activities is a criminal socially dangerous act representing imparting a lawful type to the origin of money or other property by transferring or exchanging it, non-disclosure or concealment of the true nature, source, location, method disposition, movement, rights with respect to money or other property or its accessories if money or other assets derived from criminal activity.


The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai Dec 2018

The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai

American Indian Law Journal

No abstract provided.


Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy Dec 2018

Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy

The Downtown Review

Too often, social science majors become jaded with their field of study due to a misperception of the nature of many potential jobs which they are qualified for. Such discord is prevalent amongst undergraduates who strive for work in the criminal justice system. Hollywood misrepresentations become the archetypes of the aforementioned field, leaving out the necessity and ubiquity of accompanying desk work. Still other social science majors struggle to identify theoretical interpretations in praxis.


A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino Dec 2018

A Gap In Causation? Punishing Polluters For Contributing To Climate Change & Increasing Violent Crime, Nicolette Pellegrino

Pace Environmental Law Review

Climate change will lead to an increase in violent crime. More rapes and violent felonies occur during the warm summer months than in cooler temperatures. As climate change progresses, there will be longer summers, higher temperatures, and thus, more violent crime. This Note examines whether American sanctions of environmental crimes that contribute to climate change should become more stringent given what we now know about the violent consequences of climate change. Part II of this Note describes the history and scientific evidence which proves that rising temperatures increase the rate of violent crimes. Part III reviews current regulations that deal …


Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files Dec 2018

Breaking The Silence: Holding Texas Lawyers Accountable For Sexual Harassment, Savannah Files

St. Mary's Journal on Legal Malpractice & Ethics

Following the 2017 exposure of Harvey Weinstein, the #MeToo movement spread rapidly across social media platforms calling for increased awareness of the prevalence of sexual harassment and assault and demanding change. The widespread use of the hashtag brought attention to the issue and successfully facilitated a much-needed discussion in today’s society. However, this is not the first incident prompting a demand for change.

Efforts to bring awareness and exact change in regards to sexual harassment in the legal profession date back to the 1990s. This demonstrates that the legal profession is not immune from these issues. In fact, at least …


Rape Messaging, Alena Allen Dec 2018

Rape Messaging, Alena Allen

Fordham Law Review

When feminists began advocating for rape reform in the 1970s, the rape message was clear: rape was not a crime to be taken seriously because women lie. After decades of criminal law reform, the legal requirement that a woman vigorously resist a man’s sexual advances to prove that she was raped has largely disappeared from the statute books, and, in theory, rape shield laws make a woman’s prior sexual history irrelevant. Yet, despite what the law dictates, rape law reforms have not had a “trickle-down” effect, where changes in law lead to changes in attitude. Women are still believed to …


You Say Intrastate, I Say Interstate: Why We Should Call The Whole Thing Off, Andrew Wiktor Dec 2018

You Say Intrastate, I Say Interstate: Why We Should Call The Whole Thing Off, Andrew Wiktor

Fordham Law Review

As society evolves, so do criminals. In the early twentieth century, America embraced the automobile, passed the Volstead Act, and created a national highway program. These developments inadvertently paved the way for interstate criminal enterprise. Infamous gangsters such as Al Capone were able to operate large-scale racketeering syndicates without fear of being prosecuted for two primary reasons: (1) states lacked jurisdiction, resources, or both to go after such criminals, and (2) there was no federal criminal statute to fill the gap left by the states. But as criminals evolve, so does society. In 1961, Congress, at the urging of Attorney …


Ethical Cannabis Lawyering In California, Francis J. Mootz Iii Dec 2018

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …