Criminal Liability of Legal Persons in the Russian Legislation: to the History of the Question "pro et contra"

10.12737/2229 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 5-13 ◽  
Author(s):  
Владимир Лафитский ◽  
Vladimir Lafitskiy ◽  
Ольга Семыкина ◽  
Olga Semykina
Keyword(s):  
Legal System ◽  
Criminal Liability ◽  
Historical Analysis ◽  
Legal Provisions ◽  
History Of

The article providers a historical analysis of the doctrinal arguments «pro et contra» of the introduction criminal liability of corporate persons in the Russian legislation, and considered legal provisions on criminal liability of corporate which existed in the Russian legal system of X – first half of XX centuries.

Theory and practice of criminal law combating corruption in the Republic of Kazakhstan

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nursulu Zh. Siubayeva ◽  
Aigul M. Kalguzhinova ◽  
Darkhan O. Ozbekov ◽  
Saule S. Serikbayeva ◽  
Kamshat S. Amirbek
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
National Policy ◽  
Historical Analysis ◽  
Theory And Practice ◽  
Content Type ◽  
Legal Provisions ◽  
History Of ◽  
The Subject ◽  
The Republic

Purpose In accordance with the country’s programme documents, the fight against corruption, defined as the most important strategic priority of the national policy of the Republic of Kazakhstan, acquires consistent political and legal support. The purpose of this paper is to study the criminal law combating corruption in the Republic of Kazakhstan. Design/methodology/approach In this paper, the methods of historical analysis of the current legal provisions, analysis of the compositions of malfeasances and synthesis were used. Findings This study considered the main historical stages and aspects of the development of modern legislation of criminal liability for corruption offences. The authors of this study provided sound proposals for improving the current legislation of the Republic of Kazakhstan. Originality/value This paper argues the need to develop corruptology as an independent interdisciplinary scientific area, the subject of which would be corruption as a political, sociological, economic, legal and criminological phenomenon; features of corruption and combating it throughout the history of state–legal relations.

Metaphysics, Moral Sense, and the Pragmatism of the Law

2008 ◽  
Vol 26 (1) ◽  
pp. 177-185 ◽  
Author(s):  
Susanna L. Blumenthal
Keyword(s):  
Common Sense ◽  
Criminal Liability ◽  
Historical Analysis ◽  
Human Mind ◽  
American Constitution ◽  
Brain Sciences ◽  
Philosophical Standpoint ◽  
History Of ◽  
The Common ◽  
Common Sense Philosophy

The authors of these insightful and stimulating commentaries all express skepticism about the role I assign to the Scottish Common Sense philosophy in my historical analysis, though their reasons for doing so are strikingly at odds with each other. Sarah Seo and John Witt concede the importance of the Common Sense philosophy at a theoretical level, even as they call attention to certain “competitor theories” of human nature, noting that these darker views of the self may have proved more influential in the framing of the American constitution. However, they go on to contend that all of this philosophizing about the human mind was actually of little consequence in the everyday adjudication of civil and criminal liability, as judges found more practical means of resolving “the otherwise intractable questions of moral responsibility” left unanswered by the Scottish philosophy. John Mikhail, by contrast, appears to be far more sanguine about the tractability of these questions, from a philosophical standpoint, going so far as to suggest that they were more or less resolved by British moralists before the Scottish Common Sense school even came into being. What truly set the Common Sense philosophers apart from their predecessors, and ought to determine their place in this history of ideas, Mikhail concludes, was the manner in which they contributed to the scientific process of tracing out the inner structure and innate capacities of “the moral mind”—a topic that is currently of intense interest in the cognitive and brain sciences.

Vyshnivetsky Castle Library of Prince Mychailo Servaty Vyshnivetsky – Historical Book Heritage and Object of Bibliological and Historical Reconstruction

2014 ◽  
Vol 3 ◽  
pp. 166-182
Author(s):  
Iryna Tsiborovska-Rymarovych
Keyword(s):  
18Th Century ◽  
Historical Analysis ◽  
Cultural Significance ◽  
Historical Sources ◽  
Cultural Images ◽  
The Enlightenment ◽  
Printed Books ◽  
History Of ◽  
Grand Duchy Of Lithuania ◽  
Definition Of

The article has as its object the elucidation of the history of the Vyshnivetsky Castle Library, definition of the content of its fund, its historical and cultural significance, correlation of the founder of the Library Mychailo Servaty Vyshnivetsky with the Book.The Vyshnivetsky Castle Library was formed in the Ukrainian historical region of Volyn’, in the Vyshnivets town – “family nest” of the old Ukrainian noble family of the Vyshnivetskies under the “Korybut” coat of arm. The founder of the Library was Prince Mychailo Servaty Vyshnivetsky (1680–1744) – Grand Hetman and Grand Chancellor of the Grand Duchy of Lithuania, Vilno Voievoda. He was a politician, an erudite and great bibliophile. In the 30th–40th of the 18th century the main Prince’s residence Vyshnivets became an important centre of magnate’s culture in Rich Pospolyta. M. S. Vyshnivetsky’s contemporaries from the noble class and clergy knew quite well about his library and really appreciated it. According to historical documents 5 periods are defined in the Library’s history. In the historical sources the first place is occupied by old-printed books of Library collection and 7 Library manuscript catalogues dating from 1745 up to the 1835 which give information about quantity and topical structures of Library collection.The Library is a historical and cultural symbol of the Enlightenment epoch. The Enlightenment and those particular concepts and cultural images pertaining to that epoch had their effect on the formation of Library’s fund. Its main features are as follow: comprehensive nature of the stock, predominance of French eighteenth century editions, presence of academic books and editions on orientalistics as well as works of the ideologues of the Enlightenment and new kinds of literature, which generated as a result of this movement – encyclopaedias, encyclopaedian dictionaries, almanacs, etc. Besides the universal nature of its stock books on history, social and political thought, fiction were dominating.The reconstruction of the history of Vyshnivetsky’s Library, the historical analysis of the provenances in its editions give us better understanding of the personality of its owners and in some cases their philanthropic activities, and a better ability to identify the role of this Library in the culture life of society in a certain epoch.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

International Legal Thought

2017 ◽  
Author(s):  
Thomas Kleinlein
Keyword(s):  
International Law ◽  
Historical Analysis ◽  
Critical Potential ◽  
Self Reflection ◽  
Legal Thought ◽  
History Of ◽  
Nineteenth And Twentieth Centuries

This contribution reflects on the role of tradition-building in international law, the implications of the recent ‘turn to history’ and the ‘presentisms’ discernible in the history of international legal thought. It first analyses how international legal thought created its own tradition in the nineteenth and twentieth centuries. These projects of establishing a tradition implied a considerable amount of what historians would reject as ‘presentism’. Remarkably, critical scholars of our day and age who unsettled celebratory histories of international law and unveiled ‘colonial origins’ of international law were also criticized for committing the ‘sin of anachronism’. This contribution therefore examines the basis of this critique and defends ‘presentism’ in international legal thought. However, the ‘paradox of instrumentalism’ remains: The ‘better’ historical analysis becomes, the more it loses its critical potential for current international law. At best, the turn to history activates a potential of disciplinary self-reflection.

Governing the Rainforest

2019 ◽  
Author(s):  
Eve Z. Bratman
Keyword(s):  
Sustainable Development ◽  
Historical Analysis ◽  
Brazilian Amazon ◽  
Conservation Areas ◽  
Colonial Era ◽  
Hydroelectric Dam ◽  
History Of ◽  
Development Plans ◽  
Extractive Reserves ◽  
Road Paving

Sustainable development is among the foremost ideas that guide societal aspirations around the world. This book interrogates the concept through a critical lens, examining both its history and the trajectory of its manifestations in the Brazilian Amazon. The book argues that sustainable development is a concept that is better understood as involving embroilments and ongoing processes of contestation rather than a single end goal. The research offers historical analysis of Amazonian development from the colonial era into the discourse and praxis of sustainable development in contemporary times, and then illustrates the tensions of sustainable development plans that are experienced by people living in the areas geographically the closest to where those plans are being implemented. The history of the Brazilian Amazon is introduced to readers through focused discussions on the tensions between making grand plans for the region and the everyday practices and experiences of sustainable development, which involve considerably more muddling. Case studies explore agrarian reform initiatives that occur alongside road paving projects, the creation of extractive reserves and conservation areas that follow in the wake of assassinations, and the construction of a massive hydroelectric dam. While Amazonian sustainable development is a widely-accepted imperative, the research presented here shows how land use and infrastructure plans conducted in the name of sustainable development often perpetuate and reinforce economic and political inequalities.

The Subaltern Critique of Dominant Historiography and a Case for Retrieving a Historiography of Dalit Literary Traditions in India

2021 ◽  
Vol 7 (1) ◽  
pp. 7-15
Author(s):  
Vandana
Keyword(s):  
Literary History ◽  
Historical Analysis ◽  
History Writing ◽  
Literary Traditions ◽  
Literary Historiography ◽  
History Of ◽  
Longue Duree ◽  
Longue Durée ◽  
And Shifts ◽  
The Third World

In order to retrieve literary history in India, teleology operates on three levels: ancient, medieval and modern. As per the longue duree approach to the study of history, history is not an event or an object, but like the concept of time, is a configuration and a process. The history of the longue duree gives priority to long-term monumental historic patterns, moments and shifts in society, that is, the slow-paced structural processes which tend to have strong historical consequences. Similarly, languages and literatures, too, marked by historical catastrophes, undergo a process of sedimentation. For this reason, instead of a single literary history of South Asia, Sheldon Pollock proposes the concept of ‘literary cultures’ which allows room for ‘historical individuation’ of each culture rather than homogenising them merely for the sake of historical analysis. The basic questions that I have tried to look into through this study include: Why is it problematic to retrieve literary history in India? Why is it essential to have an alternative literary historiography of Dalit literature? How does Dalit subalternity differ from colonial subalternity? How the Dalit voice is disintegrated from within because of the prevalence of graded inequality? What constitutes the politics of history writing and canon formation in the third world countries like India where retrieving subaltern literary trends remain a problematic discourse?

Non-violent revolutions are believed to take place: A Discourse-Historical analysis of the Armenian Velvet Revolution in Armenian news media

2021 ◽  
pp. 175048132110177
Author(s):  
Shushan Azatyan ◽  
Zeinab Mohammad Ebrahimi ◽  
Yadollah Mansouri
Keyword(s):  
News Media ◽  
Historical Analysis ◽  
Academic Field ◽  
Discursive Strategies ◽  
Velvet Revolution ◽  
The People ◽  
History Of ◽  
The Government

The Velvet Revolution of Armenia, which took place in 2018, was an important event in the history of Armenia and changed the government peacefully by means of large demonstrations, rallies and marches. This historic event was covered by Armenian news media. Our goal here was to do a Discourse-Historical Analysis of the Armenian Velvet Revolution as covered by two Armenian websites: armenpress.am-the governmental website and 168.am-the non-governmental website. In our analysis we identified how the lexicon related to the Armenian Velvet Revolution was negotiated and legitimized by these media, and which discursive strategies were applied. We concluded that ‘Armenpress’ paid more attention to the government’s speeches, discussions, meetings and tried to impose the opinion of the government upon the people. In contrast, ‘168’ tried to present itself as an independent website with a neutral attitude toward the Velvet Revolution but, in reality, as we can conclude from the negative opinions about the Velvet Revolution in the coverage of ‘168’, it also represented the government’s interests. There was also a discursive struggle over the exact meaning of ‘revolution’ and the sense of ‘velvet’ in politics and the academic field that was to some extent introduced by these media.

scholarly journals Population genomic and historical analysis suggests a global invasion by bridgehead processes in Mimulus guttatus

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Mario Vallejo-Marín ◽  
Jannice Friedman ◽  
Alex D. Twyford ◽  
Olivier Lepais ◽  
Stefanie M. Ickert-Bond ◽  
...  
Keyword(s):  
Biological Invasions ◽  
Historical Analysis ◽  
Historical Records ◽  
British Isles ◽  
Mimulus Guttatus ◽  
Introduced Populations ◽  
Genome Wide ◽  
Starting Point ◽  
History Of ◽  
Global Invasion

AbstractImperfect historical records and complex demographic histories present challenges for reconstructing the history of biological invasions. Here, we combine historical records, extensive worldwide and genome-wide sampling, and demographic analyses to investigate the global invasion of Mimulus guttatus from North America to Europe and the Southwest Pacific. By sampling 521 plants from 158 native and introduced populations genotyped at >44,000 loci, we determined that invasive M. guttatus was first likely introduced to the British Isles from the Aleutian Islands (Alaska), followed by admixture from multiple parts of the native range. We hypothesise that populations in the British Isles then served as a bridgehead for vanguard invasions worldwide. Our results emphasise the highly admixed nature of introduced M. guttatus and demonstrate the potential of introduced populations to serve as sources of secondary admixture, producing novel hybrids. Unravelling the history of biological invasions provides a starting point to understand how invasive populations adapt to novel environments.

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