scholarly journals ON THE REGULATION OF THE SPECIAL PERIOD AS THE FACTOR AFFECTING THE CRIMES CLASSIFICATION

2020 ◽  
pp. 164-168
Author(s):  
T. B. Nikolaienko
Keyword(s):  
Criminal Responsibility ◽  
Point Of View ◽  
Special Period ◽  
Legal Norms ◽  
Time Limits ◽  
Retroactive Effect ◽  
The Law ◽  
Correct Application ◽  
The Moment ◽  
The Military

It has been determined in the article that taking into account the measures for preventing military crime, there are problems regarding the usage of a special period as a qualifying circumstance in investigative and judicial practice. The author has proved that in the current conditions in the east of Ukraine, amid the war crime growth, any violation of the military discipline order is a negative manifestation of the weakening of the military formations ability to reliably counteract the enemy, but also a direct threat to the national security of Ukraine. Hence, the issue of the special period unification has become problematic amid the increased criminal responsibility for committing crimes under the conditions of special period. They relate, in particular, to the time limits of the special period affecting the origin and termination of criminal legal relations, the qualification of crimes committed under the special period, and the possibility of applying the retroactive effect of the law in case of a change of legal regime in the state. Investigating these issues, taking into account the acts of the current legislation, governing the categorical apparatus of the special period, the general rules for the legal norms interpretation and practice of the special period applying, the author has proved that the special period does not contain defining features in terms of its time limits unification, which affects the accuracy in norms’ content understanding, and accordingly its correct application. In that context, the author has suggested the notion of “special period” where, from the point of view of its time limits, it is determined that the moment of its termination (in case of partial mobilization) is exclusively the promulgation of the President’s of Ukraine decision on demobilization. The content of “mobilization time” is the period from the beginning of mobilization (announcement of mobilization) to its termination (announcement of demobilization). By analyzing the probability of the retroactive effect of the law in case of the special period ending, it has been proved that persons convicted for committing crimes in the conditions of the special period upon its completion are not subjected to the retroactive effect of the law as mitigating or abolishing liability, since the change of regime affects only the application of the law in terms of punishment imposition as having committed the crime of qualified composition.

Defences in the Law of State ResponsibilityA View from Jurisprudence

2020 ◽  
pp. 179-202
Author(s):  
Luís Duarte d’Almeida
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Responsibility ◽  
Point Of View ◽  
State Responsibility ◽  
The Law ◽  
Cross Fertilization

Ongoing discussions among international lawyers on defences in state responsibility have close analogies with debates in two other fields: debates in general legal theory on defeasibility in law, and debates in criminal law theory (and philosophy) on the elements of criminal responsibility. The similarities are not surprising. But it is striking how little cross-fertilization there seems to have been. For jurisprudence and criminal law scholars have developed a number of points and distinctions that international law theorists working on defences should find helpful. This chapter illustrates these claims. Section 2 looks at defences from the point of view of general legal theory, and section 3 does the same from the point of view of criminal law theory, recommending specific solutions to particular problems. Section 4 then shows how these contributions can help to answer some persistent questions surrounding defences in the law of state responsibility.

scholarly journals XXI. Researches on turacin, an animal pigment containing copper

1869 ◽  
Vol 159 ◽  
pp. 627-636 ◽  
Keyword(s):  
Pure Water ◽  
Medical Officer ◽  
Chemical Properties ◽  
The Gambia ◽  
Point Of View ◽  
Red Pigment ◽  
Dark Violet ◽  
The Stability ◽  
The Moment ◽  
The Military

Origin of the present Inquiry .—The stability of the colours which the feathers of birds display has been repeatedly proved. These colours are due either to what we may call the optical character of the surfaces of the web, or to the presence in it of definite colouring-matters. These pigments may be opaque like enamel, or translucent and permeating the substance of the barbs; they have been as yet but very imperfectly studied. In a few instances only have they been actually separated from the structures containing them, while in no case have they been completely examined from a chemical point of view. So far as I can learn, we have no exact information as to the amount and the deportment, chemical constitution and reactions of those substances which M. Bogdanow, some twelve years ago, succeeded in extracting from the feathers of many birds, and notably from the red feathers of Calurus auriceps and Catinga cærulea . Before giving an outline of my own experiments in this direction, I will mention the particular circumstances which led to the prosecution of the present research. A few years ago Mr. W. B. Tegetmeier pointed out to me a singular property of the red feathers of the bird called the Touracou, or Plantain-eater. These feathers yield up a part of their colouring-matter to pure water, a beautiful rose-coloured solution being thus obtained. Mr. Tegetmeier’s attention had been drawn to this fact, and he at once perceived that it was worthy of fuller investigation than it had already received. On further inquiry, I find that Mr. Ward of Wigmore Street had noticed the evanescence and solubility of the red tint in question many years ago, and that other observers, within the last few years, have even succeeded in staining pieces of paper with the red solution which these feathers yield. In order that it may be seen what was the position of the inquiry when I commenced in 1866 my experiments on this subject, I may cite the authority of some private letters which have been placed at my disposal through the courtesy of Mr. Hugh Owen. These letters were written by Dr. Benjamin Hinde, principal Medical Officer on the Military Staff at Bathurst, on the Gambia. In one of his letters, dated May 1865, Dr. Hinde enclosed a piece of paper stained with the red pigment of 1 inch of a feather of the violet Plantain-eater, Musophaga violacea . He says that the moment soap touches the feathers the colour runs, but that it is difficult of extraction with pure water. But he adds, “the birds I sent home washed themselves nearly white in the water left for them to drink!” In a subsequent letter Dr. Hinde gives some details concerning the different species of Plantain-eaters, and says, with reference to the feathers he had previously sent to England, “all the feathers sent were from the same bird and grew in this house.” This fact negatives any idea of an artificial dye being present in the feathers, and is further referred to in the following memoranda by Mr. Hugh Owen:—”A pair of violet Plantain-eaters from the Gambia were sent over to a friend in Ireland by Dr. Hinde. The birds arrived in excellent condition, and were speedily provided with ample space and all appliances for cleanliness. For a while this splendid plumage, the deep crimson patch on the dark violet of the wing, excited continual admiration. After a day or two the crimson faded; in a few more the colour changed to a pale and dirty grey. The disappointed owner wrote an account of this change to Bathurst, concluding, of course, that the natives had imposed on Dr. Hinde by selling him a pair of painted birds: this, however, was impossible; there was no mistaking the peculiar and shield-shaped bill or the legs of the Musophaga. Whatever change had taken place, the birds were genuine Touracous. Without delay another bird was procured, so young as to be only partly fledged, the wings only in the pinfeathers. As soon as these were sufficiently grown, the experiment was repeated, and the colour found to be inconstant and capable of extraction.” The data already given, and many others with which I have been subsequently furnished, incontestably prove the normal presence, in some of the feathers of the Plantain-eater, of a red pigment soluble in water, and still more readily dissolved by soap. I may now give my own results as to the preparation and physical and chemical properties of this new red animal pigment.

scholarly journals EGZEMPCJE WOJSKOWE - IMMUNITET ŻOŁNIERSKI W RZECZYPOSPOLITEJ SZLACHECKIEJ XVI-XVII WIEKU

2017 ◽  
Vol 5 (1) ◽  
pp. 101
Author(s):  
Karol Łopatecki
Keyword(s):  
Military Service ◽  
Customary Law ◽  
Legal Norms ◽  
Time Limits ◽  
Legal Position ◽  
The Military

Military Exemptions - Soldier’s Immunity in Polish -Lithuanian Commonwealth of XVI-XVII CenturySummaryMilitary exemptions have not been described in the hitherto literature whereas they constitute an interesting phenom enon allowing to evaluate the legal position of mercenary soldiers, functioning of legal norms of a temporary character and the interrelations between the statutory and customary law. In XVI and XVII centuries both - general exemptions, granted by Seym, and hetm an’s exemptions, deprived of the Seym’s sanction, existed. The constitutions on the exemptions always had a temporary nature. As a consequence o f the advancing paralysis of the parliament’s works, the exemptions issued by hetm an became more and more common.Exemptions were the releases to be applied before all types of courts, apart from military courts. They withheld the proceedings (even enforcement proceedings when the verdict did not benefit from the res iudicata character) with regard to all persons taking part in the military expeditions and their families. This enhanced the attractiveness of military service and prevented soldiers from leaving the army.Exemptions were known to the customary law, however, they were formulated by Seym by means of constitutions. The parliament, depending on the circumstances, enlarged or limited the group of the beneficiaries, applied more or less strict criteria, changed the time limits of the exemptions’ validity, prevented their abuse, and most importantly, it firmly opposed a rejection of the releases by courts.

scholarly journals The Place and Potential Role of the OSCE in the Changing Architecture of European Security

2019 ◽  
pp. 27-40
Author(s):  
Viktor Mizin
Keyword(s):  
Point Of View ◽  
European Security ◽  
The West ◽  
European Continent ◽  
Legal Norms ◽  
Strategic Stability ◽  
Post War ◽  
Key Aspects ◽  
The Military ◽  
Crisis Situations

The article analyzes the key aspects of the development of relations between Russia and the OSCE from the point of view of the complex issues of Euro-Atlantic security. According to the author, the acсession of Crimea to Russia and the crisis around Ukraine have further exacerbated the preceding tensions in bilateral relations. Today, they are much like the Cold war confrontation. In Europe, the military confrontation is now intensifying. Today Moscow is openly accused of undermining the foundations of the post-war order in Europe, of illegal steps to break the generally accepted international legal norms, of aggressive intentions that threaten European stability. At the same time, the existence of significant distrust between Russia and the West does not mean that we should wait for some pause, abandon attempts to take constructive steps to re-establish cooperation. Such an approach would be counterproductive – especially since both sides are sending, albeit muted, signals of readiness for dialogue. In this situation, the author proposes a number of initial steps that could increase the level of trust between the parties, would ideally move to a meaningful dialogue on the future of the European security architecture. Various OSCE mechanisms could play a useful role. The author emphasizes the importance of increasing the effectiveness of the OSCE-originated crisis mechanisms in the context of the erosion of strategic stability on the European continent as a result of the unprecedented deterioration of relations between Russia and the West. Special emphasis is placed on modernization of the crisis management potential of the OSCE and promotion of dialogue between the West and Russia, including the establishment of a novel consultative platform in the framework of the OSCE to discuss emerging crisis situations. A number of specific confidence-building measures are proposed to restore dialogue and find solutions to crisis situations in the region.

scholarly journals Islam-osmanli state law in Serbia

2006 ◽  
pp. 271-286
Author(s):  
Miroljub Jevtic
Keyword(s):  
Social Relations ◽  
The State ◽  
Legal Order ◽  
Point Of View ◽  
State Law ◽  
Normal Functioning ◽  
Basic Goal ◽  
The Law ◽  
The Moment ◽  
State Functions

Every state functions through its legal order and that legal order shows the nature of every state. From that point of view, the nature of the state and the authority which functioned in the regions of the Serbian lands from the moment of the Osmanli conquests till the end of that rule was best reflected through the law which regulated social relations. If one views the state which ruled in the regions of the Serbian lands in that way, one can clearly state that it, in its nature, had the basic goal to realize Islamic doctrine. All legal acts which the administration in Constantinople passed to ensure its normal functioning had the Islamic character. As most of these acts had been created long before the birth of the Osmanli state, they cannot be called Osmanli, because they were not such by their origin or their essence. It is specially important that their intention was not to maintain the Turkish national idea, as it could be concluded from a large number of historical syntheses which discuss that part of our history, but the triumph of Islam. Therefore, it is most correct to call that law Islamic-Osmanli law because its largest part had been created before the appearance of the Osmanli state and had as a goal the triumph of Islam; it is an Osmanli law because it was implemented in the territories ruled by the Osmanli dynasty.

scholarly journals Sources of Public Relations Legal Regulation in Cyberspace

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova
Keyword(s):  
Public Relations ◽  
Computer Technology ◽  
Computer Code ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Norms ◽  
Web Space ◽  
The Law ◽  
Different Sources ◽  
The Web

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

scholarly journals La refonte permanente des lois du Québec : implications et modalités

2005 ◽  
Vol 18 (2-3) ◽  
pp. 213-232
Author(s):  
Denis Le May
Keyword(s):  
Present Situation ◽  
Point Of View ◽  
Technical Aspects ◽  
The Third ◽  
Official Gazette ◽  
The People ◽  
The Law ◽  
The Moment

The purpose of this paper is to examine the implication and details of the consolidation of the statutes of the Province of Quebec which is now under way. Unlike earlier consolidations, this one will be permanent and brought up to date annually, and as he approaches his subject, the author describes what must be understood by keeping up to date and who should be responsible for the task. Next, he discusses the technical aspects which ought to be considered in the process of keeping the consolidation up to date, among which are the moment and methods to inserting new texts, the numbering of sections, and the vehicle for the publication of amending legislation. In the third part of his paper, the author describes what important changes would have to be made to the present situation, should the proposed system be adopted. These changes are both documentary (a new presentation of the Quebec official Gazette is advocated) and legislative (new duties of the Quebec Official Printer are stressed). Finally there is established a link between the permanent consolidation and a policy for non-official consolidations. The author concludes with the expression of a point of view on the access of the people to the law.

Raising the Age of Criminal Responsibility in Israel

1981 ◽  
Vol 16 (2) ◽  
pp. 225-249 ◽  
Author(s):  
Yael Hassin
Keyword(s):  
Criminal Responsibility ◽  
Youth Care ◽  
Point Of View ◽  
Practical Point ◽  
Delinquent Behaviour ◽  
Penal Law ◽  
The Law ◽  
To Receive

On June 28, 1978, the Israeli Knesset passed a Law which changed the age of criminal responsibility of juveniles, raising the threshold from 9 years of age to 13 years of age. This Law, known as the Penal Law (Amendment no. 3) 1978, is popularly called the “Yitzhaki Law”, after MK Yitzhak Yitzhaki (Likud) who initiated the Law.From a practical point of view, the Amendment means that police interrogators may not interrogate minors under the age of 13, nor may they open criminal files on such minors or prosecute them. When and if the police are confronted with juveniles suspected of delinquent behaviour the police may take their testimony, and may refer them to the welfare officers, who, operating by virtue of the Youth (Care and Supervision) Law, 1960, are authorized to decide whether the minor requires care, and if so, the kind of care he is to receive.

scholarly journals Qualified Legislator’s Silence: Problem of Recognition

2019 ◽  
Vol 86 (3) ◽  
pp. 22-31
Author(s):  
Ю. І. Чалий
Keyword(s):  
Case Law ◽  
Point Of View ◽  
Legal Doctrine ◽  
Suggested Approach ◽  
Legal Policy ◽  
Legal Norms ◽  
Major Shortcoming ◽  
Legal Position ◽  
The Law ◽  
Further Development

The problem of developing the ways of recognition of the qualified silence of the legislator has been studied. It has been stated that the “qualified silence of the legislator” is underdeveloped category of law, especially regarding the ways of recognizing such specific legislative silence within the norms of law. This problem has become more urgent due to the revival of case law in Ukraine on the application of the analogy of law and the analogy of legislation. While applying these techniques, overcoming the gaps of civil law, the courts often identify the relevant gaps of the legislation with the qualified silence of the legislator, which is a major shortcoming. Solution of this problem will allow the courts to better identify the qualified silence of the legislator in the law norms. One of the methodological approaches in solving the problem of recognition of the legislator’s qualified silence and the gaps of the legislation is the extension of the relevant research tools. In contrast to the legal position existing in the legal doctrine, the author of the article has critically assessed the ability of systematic interpretation of the law norms to be a self-sufficient method of revealing the legislator’s qualified silence. In order to recognize the true qualified silence of the legislator, the author has offered to concentrate on explaining the legal policy that may be manifested in one or other cases of the legislator’s silent expression of will. At the same time, systematic, historical or doctrinal interpretation of legislation is of relative importance to the need for clarifying legal policy. From the point of view of determining the degree of scientific novelty, the suggested approach has the nature of further development of doctrinal provisions. The author has noted on the necessity of further elaboration of the studied problems, in particular, in determining the location of each of the ways of recognizing the qualified silence of the legislator within the system of methods of interpretation of legal norms.

Prospects for United States Ratification of Additional Protocol I to the 1949 Geneva Conventions

1991 ◽  
Vol 85 (1) ◽  
pp. 1-20 ◽  
Author(s):  
George H. Aldrich
Keyword(s):  
United States ◽  
The United States ◽  
Point Of View ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Additional Protocol ◽  
Geneva Conventions ◽  
The Law ◽  
The Military

Protocol I Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts, concluded in Geneva in 1977, is the most important treaty codifying and developing international humanitarian law since the adoption of the four Conventions themselves; and it is the first such treaty since 1907 to deal with methods and means of warfare and the protection of the civilian population from the effects of warfare. As such, its contributions to the law were long overdue and, on the whole, are both positive from the humanitarian point of view and practicable from the military point of view. Moreover, it offers the prospect of improved compliance with international humanitarian law, which would greatly benefit the victims of war and would bring the law in action closer to the law in the books. Yet, in January 1987, the President of the United States informed the Senate that he would not submit the Protocol to the Senate for its advice and consent to ratification, calling it “fundamentally and irreconcilably flawed.” It is apparent that President Reagan’s decision resulted from misguided advice that exaggerated certain flaws in the Protocol, ignored the statements of understanding that would have remedied them, and misconstrued a humanitarian and antiterrorist instrument as one that could give aid and comfort to “terrorists.”

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