Attraction of foreign persons or stateless persons to criminal liability

The relevance of this article is that people who do not have the citizenship of Ukraine or the Donetsk People's Republic, the so-called "foreigners", are permanently residing or temporarily residing in the territory of the Donetsk People's Republic. They are obliged to clearly know what their duties are and what responsibility they will incur for their non-fulfillment.

According to the law, foreign citizens and stateless persons enjoy rights and duties in the DPR on a par with nationals of the Polish People's Republic, with the exception of cases established by law and the international agreement of the DPR. At the same time they are obliged to comply with the laws in force, regardless of whether they live permanently or temporarily in the DPR.

Part 1 Article 11 states that a person who commits an offense in the territory of the Donetsk People's Republic must be subject to criminal liability in accordance with this Code.

The Criminal Law establishes that foreign citizens and stateless persons who permanently reside in the Donetsk People's Republic and commit a crime outside the Donetsk People's Republic shall be held criminally liable in accordance with this Code in cases where the crime is directed against the interests of the Donetsk People's Republic or citizen of the Donetsk People's Republic or permanently residing in the Donetsk People's Republic without citizenship, as well as in cases provided for by an international other contract of the Donetsk People's Republic if foreign citizens and stateless persons who are not permanent residents living in the Donetsk People's Republic were not convicted in another country and brought to criminal responsibility in the territory of the Donetsk People's Republic.

Despite the fact that "foreigners" have duties on an equal footing with citizens, the legislator takes into account that the crime can be committed outside the DPR, but must be directed against the interests of DPR, its citizen; committed in the DPR, but a person with a special international legal status (diplomatic representative, another person enjoying immunity). In this regard, the criminal legislation of the DPR establishes both general rules for bringing any persons to justice, and special ones, which are applied depending on the status of the person, intentional intent and the basis of responsibility.

 

Language adviser: N.A. Karpova

Scientific adviser: E.S. Kozachek

 

Alyona Igorevna Mischenko

Donbass Law Academy

 

Why the life imprisonment is not considered for women in THE DPR

There are the following principles of the Criminal Code of DPR:

Section 4. The principle of the equality of citizens before law

People who have committed a crime are equal before the law and are subject to criminal responsibility notwithstanding the gender, race, nationality, language, origin, property status and official position, abiding place, religious beliefs, convictions, membership of public associations as well as other circumstances.

Section 7. The principle of humanity.

1. The criminal legislation of Donetsk People’s Republic provides the human safety.

2. The punishment and other measures of criminally-legislative character which is utilized for the person, who has committed a crime, are prohibited to have the aim of physical trespass or abasement of human dignity.

The life imprisonment is not considered for women as long as it is connected with one of the principles of criminal legislation, i.e. the principle of humanity(A.7 of the Criminal Code of the DPR). The criminal and the penal policies are supported by statistics, whereunder women commit less grave crimes and especially grave crimes. It is also considered that women are socially unprotected and require support, likewise have more chances to improve themselves. In my opinion, there is also one more factor that plays a huge role, i.e. motherhood. Some women, who serve a sentence, have children on the outside or give birth in jail and according to the logic, if she serves a sentence, then what will come of the child without his/her mother.

Language adviser: N.A. Karpova

Scientific adviser: E.S. Kozachek

 

Maxim Valerievich Neznamov

Donbass Law Academy