scholarly journals Prevention of crime by criminal law and operational-search means

2021 ◽  
Vol 118 ◽  
pp. 03028
Author(s):  
Anna Pavlovna Alekseeva ◽  
Sergey Vladimirovitch Veklenko ◽  
Aleksander Ivanovitch Melikhov ◽  
Galina Nickolaevna Mironova ◽  
Aleksander Aleksandrovitch Turyshev
Keyword(s):  
Crime Control ◽  
Preventive Measure ◽  
The State ◽  
Federal Law ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The One ◽  
Definition Of ◽  
Prevention Of Crime ◽  
Structural Methods

In the early 2000s, the Russian legislator massively introduced the term “preventing crime” into regulations thus replacing the concept of “fighting against crime”. Thus, the changes influenced federal law No. 130-FZ “Combating Terrorism” dated 25 July 1998 and many other laws. The very concept of the state’s response to violation of the established prohibitions has changed. If in the old version of the laws, punishment for committing a crime was the main preventive measure, then in the new understanding the key efforts of the state should have been focused on preventing the very event of a crime. On the one hand, this is an absolutely correct step, since it is much more profitable for the state (in socio-economic, political and other respects) to keep the population from violating the established rules than to be forced to launch a complex and expensive criminal procedural mechanism (to identify, disclose, investigate crimes, consider them in court, execute punishment, etc.). On the other hand, in the new laws, the term “prevention” is used ambiguously, to both characterise “crime prevention” activities and characterise “crime control” activities. The research objective is to find the most optimal ways to eliminate theoretical and practical contradictions arising from the law enforcement in connection with the tautology of the texts of federal laws in the field of combating crime. In the course of the research, the dialectical method of cognition was used, as well as general scientific (analysis and synthesis, induction and deduction, logical, systemic and structural methods) and specific scientific methods of cognition (historical, statistical and formal-legal). It is proposed to unify the definition of “combating crime” by introducing the same definitions into the federal law “Operational Investigative Activity”, “Countering Terrorism”, and other regulatory documents related to “combating crime”.

The Political Theory of the Disruption

1916 ◽  
Vol 10 (3) ◽  
pp. 437-464 ◽  
Author(s):  
Harold J. Laski
Keyword(s):  
Political Theory ◽  
Political Authority ◽  
The State ◽  
The Political ◽  
The Reformation ◽  
Secular Society ◽  
The One ◽  
Definition Of ◽  
Political Principles ◽  
The Church

“Of political principles,” says a distinguished authority, “whether they be those of order or of freedom, we must seek in religious and quasi-theological writings for the highest and most notable expressions.” No one, in truth, will deny the accuracy of this claim for those ages before the Reformation transferred the centre of political authority from church to state. What is too rarely realised is the modernism of those writings in all save form. Just as the medieval state had to fight hard for relief from ecclesiastical trammels, so does its modern exclusiveness throw the burden of a kindred struggle upon its erstwhile rival. The church, intelligibly enough, is compelled to seek the protection of its liberties lest it become no more than the religious department of an otherwise secular society. The main problem, in fact, for the political theorist is still that which lies at the root of medieval conflict. What is the definition of sovereignty? Shall the nature and personality of those groups of which the state is so formidably one be regarded as in its gift to define? Can the state tolerate alongside itself churches which avow themselves societates perfectae, claiming exemption from its jurisdiction even when, as often enough, they traverse the field over which it ploughs? Is the state but one of many, or are those many but parts of itself, the one?

Beyond stateless democracy

2015 ◽  
Vol 36 (1) ◽  
pp. 21-41
Author(s):  
William J. Novak ◽  
Stephen W. Sawyer ◽  
James T. Sparrow
Keyword(s):  
Common Good ◽  
John Locke ◽  
The State ◽  
Direct Response ◽  
Classical Liberal ◽  
Liberal Conception ◽  
Neutral Site ◽  
The Common ◽  
The One ◽  
Definition Of

Pierre Bourdieu began his posthumously published lectures “On the State” by highlighting the three dominant traditions that have framed most thinking about the state in Western social science and modern social theory. On the one hand, he highlighted what he termed the “initial definition” of the state as a “neutral site” designed to regulate conflict and “serve the common good.” Bourdieu traced this essentially classical liberal conception of the state back to the pioneering political treatises of Thomas Hobbes and John Locke.1 In direct response to this “optimistic functionalism,” Bourdieu noted the rise of a critical and more “pessimistic” alternative—something of a diametric opposite.

scholarly journals WAYS AND FACTORS THAT ENSURE THE TRANSITION OF THE ECONOMY OF THE MACRO-REGION TO A NEW TECHNOLOGICAL STRUCTURE

2018 ◽  
Vol 9 (2) ◽  
pp. 200-212
Author(s):  
G. H. Batov
Keyword(s):  
Development Strategy ◽  
Educational Level ◽  
Technological Development ◽  
The State ◽  
High Educational Level ◽  
Scientific Methods ◽  
Social Sphere ◽  
Technological Structure ◽  
Analysis And Synthesis ◽  
Advanced Development

Purpose:the purpose of the article is to study the state of technological structures of the subjects of the macroregion, to determine the factors influencing its formation and development, to justify the ways of modernization of technological development.Methods:the methodological base of the research is based on the use of a systematic approach and General scientific methods: scientific abstraction, analysis and synthesis, generalization, system-structural analysis.Results:the analysis of the state of technological structures of the studied macroregion is carried out, the dominant structures are identified, the factors, among which are investments, commissioning of fixed assets and the level of education, which influence the formation and development of the technological structure, are considered. The direct correlation of the increasing level of technological structure with the increase of the educational level of the employed in the economy is revealed. The possible ways of technological development modernization for the macroregion are determined on the basis of the selection of the catching-up and advanced development strategy.Conclusions and Relevance:the main result of the research is the conclusion that the knowledge of the state of the technological structure of the region will allow to outline the strategy of its development, that the high educational level of the employed in the economy and social sphere will allow the region to move more rapidly to a higher technological structure. The implementation of the catch-up and advanced development strategy is designed to implement technological innovations that should lead to increased productivity, renewal of fixed capital and competitiveness, which will change the structure of the economy, to determine the most important areas of its modernization.

scholarly journals Administrative oversight: improving compliance practices

2021 ◽  
Vol 118 ◽  
pp. 03001
Author(s):  
Aleksander Nikolaevich Varygin ◽  
Irina Alekseevna Efremova ◽  
Vladimir Gennadievich Gromov ◽  
Pavel Anatolievich Matushkin ◽  
Anastasia Mikhailovna Shuvalova
Keyword(s):  
Russian Federation ◽  
Preventive Treatment ◽  
Integrated Approach ◽  
Federal Law ◽  
Scientific Methods ◽  
Administrative Supervision ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Administrative Oversight

The main purpose of the research is to determine the goals, objectives and functions of administrative supervision and develop proposals for improving the legislation of the Russian Federation regulating issues related to the implementation of administrative supervision. Research methods: general scientific methods (analysis and synthesis, logical methods) and private scientific methods of cognition (formally-legally, specifically-sociological etc.). Outcome: the author’s version of the administrative supervision goals and objectives set out in the regulatory documents of the Russian Federation is proposed: 1. Administrative supervision is established to prevent the commission of crimes and other offences by persons. 2. The administrative supervision focuses on implementation by the internal affairs bodies of supervision over the observance by supervised persons of temporary restrictions on their rights and freedoms, as well as over the fulfillment of their duties stipulated by the related federal law; identification of violations by those under the supervision and taking measures in accordance with the law; individual preventive treatment of such persons. The novelty of the study is due to an integrated approach to the research into the goals, objectives and functions of administrative supervision and the developed proposals for improving the Russian legislation regulating issues in that area.

scholarly journals STATE SUPPORT: CONSTITUTIONAL FIXING IN FOREIGN COUNTRIES

2019 ◽  
Vol 7 (4) ◽  
pp. 813-817
Author(s):  
Aleksej N. Nifanov ◽  
Andrey V. Sushkov ◽  
Abdurahman A. Shahbanov ◽  
Vasilij A. Zajcev ◽  
Elnur E. Veliev
Keyword(s):  
Comparative Analysis ◽  
The State ◽  
State Support ◽  
Scientific Methods ◽  
Dialectical Approach ◽  
Foreign Countries ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Alternative Approaches ◽  
Scientific System

Purpose: Taking into account the domestic experience, the present study was aimed at carrying out a comparative analysis of the constitutions of foreign countries in order to identify the norms related to the state support in them. Methodology: The present study was carried out based on a dialectical approach to investigate the legal phenomena and processes, using general scientific (system, logical, analysis and synthesis) and private scientific methods. Result: The findings of this study revealed the opportunity for the organization of various recipients of the declared support; and identification of alternative approaches to consolidation of the constitutional laws regarding the state support. Applications: This research can be used for universities and students in politic. Novelty/Originality: In this research, the model of constitutional fixing in foreign countries is presented in a comprehensive and complete manner.

To the Issue of Bringing Legal Definitions in the Normative Legal Regulation of National Security and Its Individual Types into a Single System: Legal and Theoretical Dimension

2021 ◽  
Author(s):  
O.A. Kolotkina ◽  
Keyword(s):  
Strategic Planning ◽  
National Security ◽  
Legal Regulation ◽  
The State ◽  
Federal Law ◽  
National Interests ◽  
Legal Space ◽  
Industry Affiliation ◽  
Definition Of ◽  
The Individual

The article deals with the issues related to the definition of the essence, role and meaning of legal definitions in the regulatory legal regulation of national security. The author emphasizes the uniqueness of the phenomenon of national security, which acts as a guarantor of ensuring the national interests of the state, society, and the individual and as a basis for the unhindered implementation of the strategic national priorities of the state. It is possible to ensure these interests and implement strategic priorities by creating an effective legal regulation that includes various legal means, as well as regulatory requirements. An important role in the regulatory legal regulation is played by legal definitions, which contain definitions of concepts that act as integral elements of the legal basis for ensuring national security. It is indicated that legal definitions of concepts are generally binding and contribute to the formation of a single legal space. It is stated that the current Federal Law «On Security» does not contain a legislative definition of key concepts in the field of national security. The article raises the problem of unification of the conceptual and categorical apparatus in the field of ensuring national security, through the adoption of fundamental documents of strategic planning. The author attempts to evaluate the legal definitions in the field under consideration in terms of their universality and industry affiliation, the problems of the completeness of their textual expression, as well as the state policy implemented in the field of national security. The author proposes the formulation of the concept «national security», which could become the basis for adjusting the legal definitions of certain types of national security, enshrined in legislative acts and strategic planning documents. The functions of legal definitions in the regulatory legal regulation of national security are identified and disclosed.

scholarly journals Legal aspect of social entrepreneurship

2019 ◽  
Vol 91 ◽  
pp. 08071 ◽  
Author(s):  
Uliana Filatova ◽  
Nina Semeryanova ◽  
Svetlana Suslova ◽  
Alena Gabudina ◽  
Anna Kopytova
Keyword(s):  
Social Entrepreneurship ◽  
Legal Aspect ◽  
Legal Framework ◽  
The State ◽  
Point Of View ◽  
The Other ◽  
Social Entrepreneurs ◽  
Economic Relations ◽  
The One ◽  
Definition Of

The article discusses the main issues of definition of social entrepreneurship, both from economic and legal point of view. Since Russian legislature is only at the beginning of the way to create legal framework for activities, legislation on social entrepreneurship seems fragmentary and inconsistent. All of that adversely affects development of social entrepreneurship. Official city statistics (Nizhnevartovsk) show that less than a third of all entrepreneurs are interested in this type of activity; entrepreneurs who already have business in the field of social entrepreneurship mostly do not plan to expand current activities in this area. Analysis can contribute to creation of developed socio-economic relations in Russia. It can be achieved by building effective relations between social entrepreneurs and beneficiaries on the one hand, and also between social entrepreneurs and the state on the other.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals The Terminological Data Bank “Classification Parameters of Phraseological Units” as an Electronic Terminographic Product: Design Experience

2020 ◽  
pp. 117-132
Author(s):  
Zhanna V. Krasnobaieva-Chernaya ◽  
Keyword(s):  
Data Bank ◽  
Russian Language ◽  
Scientific Methods ◽  
Language Version ◽  
Electronic Catalog ◽  
Analysis And Synthesis ◽  
Bank Technology ◽  
Information Optimization ◽  
Definition Of ◽  
Theoretical Foundations

The aim of the study is to design an electronic terminographic product in the form of a terminological data bank (TDB) “Classification Parameters of Phraseological Units” with consistent implementation of infological and datological stages. The object in the study is the TDB, the focus is terms for designation of types of phraseological units (PU), which actively function in Ukrainian and Russian linguistics in the 2nd half of the 20th century to 2020. The methodology of the study is based on theoretical foundations of phraseology, terminology, applied linguistics, and computer terminography (linguistic database/data bank technology). The general and specific scientific methods are used: analysis and synthesis, ascent from the abstract to the concrete, classification, definitional analysis, identification, linguistic observation and description, selection, elements of a statistical method. The infological stage is related to the solution of a set of information problems: 1) definition of the principle of regularization of terms of phraseology, 2) selection of terms with the archeseme “phraseoclassification type” from scientific literature in order to form an alphabetical register, 3) establishment of the composition of the dedicated terminology subsystems, 4) description of terminology subsystems, 5) creation of an electronic catalog of terms for further computer processing of collected information. The main principle of systematization is the thesaurus: “terminological system – terminological microsystem – terminological subsystem – term”. The next step is to develop a datalogical scheme, which is a system of tables whose fields display information about the described terms in the form of data, for example: number, term, terminology subsystem, scientific source, definition, illustration, paradigm relations of the term. The TDB modeled in the work is a special terminology dictionary (monolingual (Ukrainian) in terms of the number of languages involved), which has 113 terms to denote types of PUs and covers 17 classifications of PUs. The TDB “Classification Parameters of Phraseological Units” is positioned as an electronic terminographic product created for storage of information, optimization and intensification of system research on fundamental issues of phraseology and phraseography, works devoted to problems of comprehensive analysis and parameterization of PUs. The prospect of the study is to create a Russian-language version of this terminographic product.

scholarly journals JUSTICE IN MODERN RUSSIA: THE CONCEPT AND FEATURES

2018 ◽  
Vol 22 (4) ◽  
pp. 527-546
Author(s):  
Olga V Pankova
Keyword(s):  
Intrinsic Property ◽  
Subject Area ◽  
The State ◽  
Point Of View ◽  
General Definition ◽  
Judicial Reform ◽  
State Activity ◽  
Judicial Procedures ◽  
The One ◽  
Definition Of

The article reveals the essential characteristics of justice as a specific type of state activity; identifies the main features of justice that distinguish it, on the one hand, from other types of state activity, and on the other - from other types of judicial activity. The purpose of this article is to identify and analyze the features of justice in its modern sense. The versatility of this legal category as an ambivalent definition is reflected in its various characteristics, through the consideration of which the most general definition of justice is formulated in the work. The methodological basis of the article is the modern achievements of the theory of knowledge. In the course of research theoretical, General philosophical (dialectics, system method, analysis, synthesis, deduction), traditional legal methods (formal-logical) were applied. Turning to the question of the characteristics of justice, the author touches upon the problem of its broad and narrow understanding due to the increasing role of mediation, conciliation and arbitration as alternative forms of resolution of legal conflicts, as well as in connection with the empowerment of certain state bodies of jurisdictional powers, and concludes that, unlike a number of foreign countries, justice in Russia can be carried out only by state courts. Of considerable interest is also the study of the subject area of justice, which is related to the situation of legal conflict. In this context, the author's analysis of the concept of "legal conflict" and his proposed differentiation of such conflicts into types with subsequent consideration of each of them is quite legitimate. In the context of the formation of the new Russian statehood, the arbitration sign of justice acquired a different sound, which is considered in the work from the standpoint of the special jurisdictional procedural activity of the court and the situational nature of justice. Since the beginning of the modern judicial reform, objective changes in the activities of the courts associated with the emergence of simplified and writ proceedings that have simplified the procedure for the consideration and resolution of certain categories of administrative and civil cases, as well as the allocation of jurisdictional powers to other state bodies that are not part of the judiciary, but use quasi-judicial procedures, i.e. almost judicial procedures as close as possible to them, have significantly changed the attitude to the procedural form of justice, which has lost its former importance. In this regard, the author substantiates the point of view that nowadays in order to determine the qualitative nature of the jurisdictional bodies, it is necessary to identify, in particular, the distinctive features in each of the procedural forms. Revealing in more detail the content of methods and means of justice, the author touches upon the problem of correlation of this legal category with justice and on the basis of the analysis of different points of view comes to the conclusion that these concepts can not be considered as legal phenomena that coincide in whole or in part. Justice is rather an intrinsic property of justice, contributing to its perception as a social and legal value. As one of the most important signs of justice in the work is considered the state-power nature and reliability of judicial decisions, the execution of which involves the suppression of the will (freedom) or material deprivation of one of the parties with the use in certain cases of power and force of the state. In this regard, some attention is paid to the characterization of the binding nature of the judgment as one of its essential properties. Examining justice as categories which help to reveal the contents and legal merits of this form of state activity, in the definition of the given concept into a single, unified definition.

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