Nikultseva A. —
Humanization of criminal legislation in the German legislation: negative consequences on the path of overcoming of imperfections in criminal legislation
// Law and Politics. – 2017. – ¹ 1.
– P. 19 - 30.
DOI: 10.7256/2454-0706.2017.1.17279
URL: https://en.e-notabene.ru/lamag/article_42891.html
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Abstract: The subject of this research is the negative consequences of humanization of the German criminal legislation and search for the solutions on its improvement. The author analyzed the efficiency of humanization of the German criminal legislation from the perspective of accumulated experience. On the example of the work with migrants, youth, and family violence, the article demonstrates some negative aspects of humanization. The article explores the causes for derogatory attitude towards the German law, which results in increase of the crime level in the most non-conformist environment among the teenagers and migrants. Despite the evident positive aspects and lack of alternative of the general course towards humanization, certain implemented changes into the criminal legislation of Germany did not prove their effectiveness. First and foremost, humanization of the criminal legislation does not resolve the issued associated with migrants – too soft of a treatment can lead to worsening of the situation and further marginalization and criminalization. It also applies to the teenagers, who due to their psychological specificities are not able to adequately use their rights, but ignore their responsibilities. The performed analysis carries an important practical meaning and can be taken into account in the course of humanization of the Russian legislation.
Nikultseva A. —
Problematic issues of qualifications of fraudulence in exchange securities transactions under the laws of Germany, Spain, Italy, France and the Czech Republic.
// International Law and International Organizations. – 2016. – ¹ 2.
– P. 219 - 230.
DOI: 10.7256/2454-0633.2016.2.17239
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Abstract: The subject of the research is to examine the features of qualifications on the national legislation of Germany, Spain, Italy, France and the Czech Republic in terms of conflict of national and international jurisdictions, as well as the analysis of common problems for these countries the definition of fraudulent activity. Particular attention is paid to the issue of collisions of jurisdiction choosing and fraud, based on differences of national jurisdictions as the main source of differences in the classification of fraud in the securities markets. To analyze empirically researched modern features of the development of national and international stock markets, the most defining characteristics of fraudulent activity in the field of securities turnover in Germany, Spain, Italy, France and the Czech Republic. As a result, a common approach highlighted in qualifying securities fraud (materiality, criminal intent, manipulation of securities), as well as problems that are currently dealt with in the courts of the countries studied, including in higher courts. Problematic issues are to determine the jurisdiction of concluded transaction, the revision of the jurisdiction in case of suspicion of fraud and the question of the definition of "securities". The scientific novelty of the work is determined by the lack of a definition of certain aspects of qualification fraud in the securities market in the legislation of Germany, Spain, Italy, France and the Czech Republic, despite the development of the stock market in these countries and the regulation of matters of international institutions (primarily EU institutions). Experience of resolving these problems, especially in a conflict of jurisdictions, has important theoretical and practical significance, especially for the Russian legal thought in the context of the intensification of international trials involving economic crimes.