• Evasion from Payment of a Fine: Problem Aspects of the Issues of Criminal Enforcement and Criminal Procedure

    Author: Osadchuk Kateryna Mykhailivna
    Institution: Lviv State University of Internal Affair
    ORCID: https://orcid.org/0000-0002-5112-4666
    Year of publication: 2020
    Source: Show
    Pages: 37-46
    DOI Address: https://doi.org/10.15804/ksm20200103
    PDF: ksm/25/ksm2503.pdf

    General short summary of the main content of the article. The problem of evasion from a fine payment as a type of punishment under the laws of Ukraine has been studied in the article.
    In Section 1 “Fines payment controlling authorities” the criminal laws in the field of punishment enforcement, namely their authorities, have been analyzed. A large number of gaps in the laws and regulatory legal acts have been identified and solutions have been proposed to address them.
    In Section 2 “Evasion from payment of a fine”, the legal aspects of a fine payment evasion as a criminal offence have been considered; an analysis of various laws and constitutional rights of a sentenced person have been made; and it has been determined that if a sentenced to a fine person has not voluntarily paid the fine during two years, such a person cannot be criminally prosecuted in compliance with Article 389 of the Criminal Code of Ukraine.
    Practical significance of the article. The results of the article can be used in determining the policy of Ukraine on the issue of activities of the probation bodies and the possibility of returning the enforcement service of the Ministry of Justice, or consideration of the issue of granting appropriate powers to the probation bodies;
    - rethinking the possibility of returning the enforcement of punishment, which in turn will lead to a higher percentage in payment of fines, and replenishment of the state treasury;
    - establishment of uniform practice of application of the criminal law norms.

  • Los ritos, los curanderos y la ley

    Author: Magdalena Krysińska-Kałużna
    Institution: Investigadora independiente
    Year of publication: 2020
    Source: Show
    Pages: 139-160
    DOI Address: https://doi.org/10.15804/sal202006
    PDF: sal/10/sal1006.pdf

    Rites, healers and the law

    The ontological difference on which positive law and indigenous customary law in Latin America are based is one of the most important problems in the field of legal conflict between both systems. The ontological difference of the indigenous world is visible, among others, in the ways of passing and executing sentences. Punishment is often ritualistic and reintegrates the punished person into the community. In many cultures where witchcraft is a common phenomenon, sentences are given by shamans and healers. Illustrating the above statements with examples from various Latin American indigenous cultures, the article shows that law based on the vision of the Western world often cannot be an adequate response to some events taking place in indigenous worlds. This is not least because in the world of positivist rationality these events or phenomena simply do not exist.

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