Current problems of improvement criminal legislation taking into account gender approach
Journal Title: Юридические науки и образование - Year 2018, Vol 54, Issue 54
Abstract
For ensuring real gender equality, the corresponding procedures allowing realizing the provisions provided by the Constitution in practice are necessary. Declaration of equality in the rights and freedoms is only the first step in achievement of real gender equality. The second and main step of achievement of such equality fixing of equal opportunities in implementation of the rights and freedoms granted by the Constitution of the state for all citizens, irrespective of a floor, race is represented, to national identity, etc. Various approaches on gender sign take place both in the General, and in the Special part of Criminal Code of the Azerbaijan Republic (furthermore, the CC of AR). So, Article 141 of the CC of AR provides responsibility for illegal production of abortion where the pregnant woman can't be the subject of crime, despite existence of all objective and subjective signs of structure of this crime. Existence of Article 121 in Criminal Code of Azerbaijan Republic violates gender equality as commission of infanticide by the father of the born or been born child is qualified according to Art. 120.2.11 in the CC of AR as premeditated murder under the aggravating circumstances whereas for the woman responsibility is softened.
Authors and Affiliations
Romella Gulaliyeva
Keywords
Related Articles
- EP ID EP275971
- DOI 10.25108/2304-1730-1749.iolr.2018.54.75-99
- Views 79
- Downloads 0
General and special principles of criminal law and their correlation
The importance of the question of the criminal law principles increases in the social and crisis situations when there is need in the judicial and legal reform and the change of the fundamentals of the criminal policy. F...
Problems of application of procedural measures coercion at simplified form of investigation
The legislation on simplified form of the investigation contains contradictions and gaps that impede solution of the tasks of criminal proceedings. So far it has not defined a procedure for the application of the measure...
Problems and trends of international cooperation in the field of human rights
Problem of human rights and freedoms is often used as level of pressure in international relationships. In some cases under the pretext of necessity to stop violations of human rights even more widespread violations were...
Specification of introduction of agreements into the criminal process of Ukraine and foreign countries
The article studies basic provisions of institution of conciliation agreements, plea-bargaining agreements in comparison with effective institution of agreements in foreign countries, analyzes its application, indicates...
Are the errors in criminal proceeding or crimes against the justice and interests of service?
The vast majority of violations in criminal proceedings are committed intentionally out of subjective motives, which excludes their attribution to the errors. All errors of representatives of the bodies conducting the cr...