Stalking: Classification and Typology

Stalking ◽  
2007 ◽  
Author(s):  
Debra A. Pinals
Keyword(s):  
Law Enforcement ◽  
Mental Health Professionals ◽  
Criminal Behavior ◽  
Psychiatric Symptoms ◽  
Legal Regulation ◽  
Classification Schemes ◽  
Treatment Considerations ◽  
Definition Of ◽  
The Given

Stalking, as currently conceptualized, is a complex phenomenon, and individual stalking cases can be quite distinct. Several authors have proposed classification schemes in an effort to discern and understand common themes among cases of stalking. These stalking “typologies” reflect both theoretical considerations and empirical examinations of persons whose behaviors have shaped the definition of stalking. Typologies have been constructed from clinical and law enforcement perspectives. Classification schemes to date have been broadly based on factors such as the motivation of the stalker, psychiatric symptoms among stalkers, the nature of the relationship between the pursuer and the victim, victim characteristics, and harm to the victim. These classifications have been conceptualized to assist with risk assessment, risk management, and treatment considerations in stalking cases. This chapter describes some historical underpinnings of classification categories, compares existing typologies of stalkers, and explicates the typological scheme adopted throughout this book. Over the last 15 years, stalking has become increasingly recognized as a distinctive form of potentially criminal behavior that may come to the attention of mental health professionals. At the same time that the criminal justice system has grappled with defining stalking for legal purposes, clinicians who encounter stalking behavior have attempted to create useful classifications of stalking behaviors. Attempts have also been made to develop taxonomies of stalking types that might guide law enforcement professionals. Taxonomic classifications are common in science and, when they are successful, they help us organize and identify unique aspects of information and refine our understanding of the given phenomenon under study. Setting up a system of classification of stalking, a behavior that is difficult to define and codify, has several advantages. Once established, a useful taxonomy of stalkers could improve communication among professionals and could help them better appreciate aspects of stalking, including the natural course of the behavior and prognosis of particular stalkers. In addition, taxonomic categorization can facilitate case comparisons and improve clinicians’ abilities to assess risks, manage risks, and provide treatment. Stalking typologies may also enlighten decisions about social policy and legal regulation related to the phenomenon.

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

scholarly journals PROPERTY IN ECONOMIC ACTIVITY: CERTAIN PROBLEMS OF DEFINITION AND CLASSIFICATION IN UKRAINE

2021 ◽  
Vol 76 (3) ◽  
pp. 52-61
Author(s):  
Oleksandra Rozhenko ◽  
Keyword(s):  
Economic Activity ◽  
Legal Regulation ◽  
Process Approach ◽  
Property Relations ◽  
Economic Entity ◽  
Specific Category ◽  
Category Property ◽  
Definition Of ◽  
Management Functions

The article examines the definition of the term «property» in management sphere, analyses the existing definitions of the term «property» in management sphere. On this basis, the different approaches are identified and a process approach to the interpretation of a specific category is proposed. Regarding the classification of the types of property and sources of its formation, the use of terms and concepts that have expired in the legislation has been established. It is proposed to eliminate the identified differences and contradictions in the interpretation of the terms of legal regulation of property relations in management sphere in Ukraine in view of the types of property and sources of its formation. The definition of the category «property» in management sphere, which is available in current legislation and modern scientific sources, is considered. The approaches to the definition of the term «property» in management sphere are singled out, namely: property is things, assets, property of a certain type, classification-based approach and combined approach. The definition of the essence of the term «property» in management sphere is proposed to be considered according to the process approach, which is initially considered resources, which later acquire the characteristics of assets and further property. The differences and ramifications in the classification types of property under the current legislation are analysed, the ways of their elimination are offered, which will lead to the increase of efficiency of the use of the created property of the economic entity. According to the process approach, which assumes that a certain set of resources acquires the characteristics of assets, which, in turn, are part of the property of a particular entity. A distinctive feature of the proposed approach is that the property in management sphere is defined as a set of assets that are formed through a number of resources. The use of the provided proposals and elimination of identified contradictions in the classification of property types and sources of its formation will promote the intensification of various management functions of economic activity in the part of implementing economic mechanisms and regulators to optimize property formation and increase of its efficiency.

scholarly journals Recognition of Unlawful Behavior of Unknown Persons Inclined to Committing Offenses in Social Isolation Places

2019 ◽  
Vol 10 (3) ◽  
Author(s):  
Marina Kaluzhina ◽  
Boris Spasennikov ◽  
Alina Lebedeva
Keyword(s):  
Social Isolation ◽  
Criminal Behavior ◽  
Penal System ◽  
Abstract Model ◽  
Digital Environment ◽  
Institutional Control ◽  
Current State ◽  
Modeling And Forecasting ◽  
Definition Of

Based on the analysis of the current state of the penal system, the article analyzes present-day approaches in the system of tools for understanding unlawful manifestations of pre-criminal behavior in places of social isolation. It states the importance of traditional methods of operational and investigative diagnostics and operational and investigative identification in obtaining primary information regarding the objects of operational interest. According to the criteria of the criminal encroachment object and the degree of importance of the relations protected by the criminal law, which could be damaged if an offense is committed in terms of social isolation, the article carries out an analysis and offers a classification of the objects that need to be monitored by the operational and institutional control. The article analyses the possibilities of specific characteristics of the digital environment, innovative modeling and forecasting methods that underlie the construction of an abstract model of pre-criminal behavior. On the basis of a comparative analysis of working with the big data, it substantiates the necessity of integrating the existing types of recordings into an entire system. It emphasizes the importance of criminological knowledge in the technology of operational recognition and formulates the definition of recognition of unlawful behavior of an unidentified person in places of social isolation.

scholarly journals CAPITAL INVESTMENTS: NORMATIVE LEGAL AND ACCOUNTING

2021 ◽  
pp. 166-181
Author(s):  
Olena PODOLIANCHUK ◽  
Nataliya GUDZENKO
Keyword(s):  
Capital Investment ◽  
Legal Framework ◽  
Legal Regulation ◽  
Capital Investments ◽  
Object A ◽  
Separate Object ◽  
The Difference ◽  
Definition Of ◽  
The Cost

The article evaluates the legal regulation and accounting of capital investments and determines that a single and precise term that would determine their essence has not yet been developed. The difference in the definitions of capital investments is outlined, which leads to confusion in their evaluation and reflection in the system of accounting accounts. There are two approaches to determining the nature of capital investment in the legal framework: economic and accounting. The dynamics and structure of capital investments by types of assets in terms of 2015-2019 are presented. Based on the results of elaboration of the regulatory framework and scientific opinions of scientists, their own opinion on the definition of capital investment has been expressed. It is noted that in the organization of accounting for capital investments it is important to assess, classify, justify objects, as well as the allocation of costs to current (to maintain the object in working order) and attribute investments to capital (improving the functional properties of the object ). A generalized classification of capital investments is proposed, which will help to timely and fully systematize the accounts and reflect in the reporting of objective and reliable information. It was found that one of the problems of accounting for capital investments is the distribution of costs and investments incurred between current costs and capital investments. Entities are invited to develop their own criteria for identifying capital investment objects and assigning the cost of repairs (capital repairs) to capital investments and approve them in the accounting policy and order. In order to ensure the objectivity of the information on capital investments, alternative changes to the Chart of Accounts have been proposed in the part of the Capital Investments account. The submitted proposals will provide an opportunity to consider capital investments as a separate object of accounting and to assess the rationality of investments.

scholarly journals Application of the concept of collective dominance in the Russian competition law: challenges and solutions

2020 ◽  
Vol 210 ◽  
pp. 13030
Author(s):  
Igor Bashlakov-Nikolaev ◽  
Sergey Maximov
Keyword(s):  
Law Enforcement ◽  
Competition Law ◽  
Legal Regulation ◽  
Formal Approach ◽  
The Law ◽  
Definition Of ◽  
Statutory Regulation ◽  
Collective Dominance

The Russian competition law does not include the definition of the concept of collective dominance, and the notion of this institution itself contains many gaps. The indicated disadvantages of statutory regulation and simplified approaches of the Federal Antimonopoly Service, which became possible due to the formal approach, have led to the formation of controversial law enforcement practice by the antimonopoly authority and courts. The article presents the analysis of legal regulation, as well as the law enforcement practice, and proposition on solutions to the stated problems.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

scholarly journals LEGAL RESPONSIBILITY IN THE SYSTEM OF THE MECHANISM OF INFLUENCE ON MIGRATION RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 357-365
Author(s):  
K. V. Trifonova
Keyword(s):  
Law Enforcement ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Aspects ◽  
State Regulation ◽  
The State ◽  
Legal Responsibility ◽  
Regulation Mechanism ◽  
Legal Analysis ◽  
Definition Of

In the article, from the standpoint of legal science and practice of state regulation of migration relations, the author examines the application of legal liability to violators of the norms of migration legislation. The author conducts a theoretical and legal analysis of the institution of legal responsibility. The definition of legal responsibility as a legal reaction of society and the state to the unlawfulness of actions (inaction) allows us to conclude that the introduction by the state of special legal regulation is a form of disposition of state power. The implementation of legal responsibility in the dynamics of legal regulation is characterized by the intertwining of regulatory, substantive and procedural and legal aspects, which allow ensuring the passage of responsibility through all stages and procedures of legal regulation, which creates an ordering effect. In conclusion, the author points out that legal responsibility, being an element of the legal regulation mechanism, clearly demonstrates its specificity and features, as well as general efficiency in the law enforcement process of imposing punishment.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

scholarly journals The specifics of establishing special conditions for the use of territories adjacent to cultural heritage objects

2021 ◽  
Vol 5 (1) ◽  
pp. 63-69
Author(s):  
K. V. Tihonova ◽  
◽  
A. O. Kalinichenko ◽  
E. O. Kalinichenko ◽  
◽  
...  
Keyword(s):  
Complex System ◽  
Cultural Heritage ◽  
Legal Regulation ◽  
Legislative Framework ◽  
Definition Of ◽  
Cultural Heritage Objects ◽  
Protection Of Cultural Heritage

The procedural mechanism for establishing zones with special conditions for the use of the territory ( ZOUIT), one of the types of which are zones for the protection of cultural heritage objects (OCN), is a complex system that is characterized by both positive and negative aspects that require detailed study, which explains the relevance of this problem. The article deals with the main theoretical aspects of the establishment of security zones. The legally established concepts of the relevant sphere, as well as the regulated classification of the zones under consideration, are given. The multi-purpose nature of the establish-ment of such zones is noted, the main goals of their formation are highlighted. The key problems of legal regulation of relations related to the establishment of the zones under consideration and the definition of their borders are analyzed. In addition, innovations related to the relevant legislative framework are disclosed, and their effectiveness is evaluated.

scholarly journals REGULATORY MECHANISM AS A COMPONENT OF ADMINISTRATIVE AND LEGAL REGULATION OF BULLYING PREVENTION IN UKRAINE

2020 ◽  
Vol 1 (9) ◽  
pp. 133-137
Author(s):  
Anastasia Korniychenko ◽  
Keyword(s):  
Law Enforcement ◽  
Regulatory Mechanism ◽  
Public Life ◽  
Legal Regulation ◽  
Bullying Prevention ◽  
Educational Environment ◽  
Promising Area ◽  
Definition Of ◽  
Legal Mechanism ◽  
Legal Force

The article is devoted to the study of the essence and content of the regulatory mechanism of administrative and legal regulation of bullying prevention in Ukraine. Emphasis is placed on the fact that most scholars reduce the regulatory mechanism in various spheres of life to a direct list of legal acts that regulate a particular area, ignoring the definition of "regulatory mechanism". It is noted that the administrative and legal mechanism for preventing bullying in Ukraine is divided into two blocks: regulatory and organizational and institutional. It is revealed that the regulatory mechanism of administrative-legal regulation of bullying prevention should be understood as a set of processes of administrative-legal regulation by authorized subjects aimed at bullying prevention, regulated by norms of law, which find their external expression in regulatory acts. In turn, the regulatory mechanism of bullying prevention is a system of normatively established lawful rules of conduct, which are aimed at preventing bullying. It is indicated that the main elements of the regulatory mechanism of administrative-legal regulation of bullying prevention are norms of law and acts of application of norms of law. Norms of law are the foundation of the regulatory mechanism of administrative-legal regulation. They find their external manifestation in normative-legal acts, due to which there is an administrative-legal regulation of a certain sphere of public life, including in the sphere of bullying prevention (or in the educational environment in general). The article presents the author's system of normative-legal acts of bullying prevention in Ukraine, which is formed taking into account the criterion of legal force. It is concluded that the consideration and analysis of specific law enforcement acts is a promising area of research of the regulatory mechanism of administrative-legal regulation of bullying prevention.

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