scholarly journals Features of the Criminal Identity in Acts of Extremism

Legal Concept ◽  
2020 ◽  
pp. 84-88
Author(s):  
Olga Yakovleva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
System Analysis ◽  
Methodological Framework ◽  
Distinctive Features ◽  
Analysis And Synthesis ◽  
Practice Methods ◽  
Criminological Analysis

Introduction: the problem of studying the identity of a criminal has always been the focus of criminology, criminal law, criminal procedure, criminalistics and other legal sciences. The criminal identity has individual distinctive features and qualities. The aim of the work is to identify, analyze and evaluate the characteristics of individuals in extremist crimes, and fix them for further use in the law enforcement practice. Methods: the methodological framework for the research is a set of methods of scientific knowledge, among which, first of all, we should mention the methods of system analysis and synthesis. Results: the paper presents a criminological analysis of the criminal identity in acts of extremism. The classification of persons who commit crimes of this group of crimes is determined. The necessity of a comprehensive approach in the development of the state policy in the field of prevention of extremist crime is emphasized. Conclusions: persons who commit crimes of extremism can be divided into several categories: 1) gang delinquents and violent protesters; 2) individuals with religious ideas who are perpetrators of crimes of extremism; 3) persons who provide assistance (including organizational and sponsorship) to the extremist communities and groups, as well as attract extremist criminals for their power purposes.

scholarly journals Modern Models of Business Social Responsibility: Classification and Comparative Analysis

2019 ◽  
pp. 11-20
Author(s):  
A. Zhukovska ◽  
К. Velichko
Keyword(s):  
Comparative Analysis ◽  
Social Responsibility ◽  
Comparison Method ◽  
Distinctive Features ◽  
The Social ◽  
Analysis And Synthesis ◽  
Responsibility Model ◽  
The Individual ◽  
Practice Methods

Introduction. Today, the social responsibility is an integral part of the company’s image and increases its profitability. Different aspects of the business social responsibility were examined both b y the foreign nanddomestic scientists, but despite many kinds of the research on this issue, today in the modern scientific literature there are no comprehensive studies devoted to the generalization and systematization of a plurality of existing models of the business social responsibility..Objective: a critical analysis of the social responsibility model shaving emerged from the world practice, the development of a single generalized classification, a comparative analysis of the individual models of the business social responsibility, the study of the peculiarities of the functioning of the domestic model of social responsibility, the identification of its weak points and the development of the recommendations for their elimination, taking into account the global practice..Methods (methodology) of research. To achieve the above noted objective, the following general scientific and special methods are used: the induction and deduction, logical generalization, analysis and synthesis, comparison, grouping. Using the classification method, a generalized classification of business social responsibility models has been developed. Using the comparison method, the main feature so individual models of corporate social responsibility are compared; their common and distinctive features are highlighted..Findings. The models of the business social responsibility are analyzed. The generalized classification of the models of business social responsibility is developed. The comparative analysis of the individual models of business social responsibility are carried out, their common and distinctive features are highlighted.

Administrative Prejudice in Criminal Law: Law Enforcement Problems

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0 ◽  
Author(s):  
Элина Сидоренко ◽  
Elina Sidorenko
Keyword(s):  
Content Analysis ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Code ◽  
Court Decisions ◽  
Legal Institutions ◽  
Methods Of Analysis ◽  
Administrative Responsibility

The author analyzes the problem of inclusion in the Russian criminal law of the institute of administrative prejudice. The paper comprises three blocks: assessment of the need to introduce rules on prejudice in the Criminal Code; the timing of bringing persons to administrative responsibility and consideration of private issues of classification of individual components. The aim of the study is to develop scientifically based and up-to-date recommendations for the application of criminal law to administrative prejudice. The author achieves the goal through solving specific problems associated with the beginning of the expiration of the period of limitation for bringing persons to administrative responsibility, revealing differences in understanding by administrative and criminal legal institutions of the concepts of duplicity and recurrence and others. The author proposes the solution of these problems through the use of privatescientific methods of analysis: comparative legal, formal-legal methods, content analysis, and others. The study of court decisions and doctrinal positions on the classification of acts containing administrative prejudice has allowed the author to formulate a number of conclusions regarding the inconsistency of legislative structures of some articles of the Criminal Code. In particular, the use of different approaches to determining the time for bringing a person to administrative responsibility, the absence in Art. 154 and Art. 180 of the Criminal Code of indication on the prejudicial character of the rules etc draw objections. The author pays particular attention to assessing the recurrence of administrative offences and transition of this concept to criminal law relations.

scholarly journals Relations Arising from Unjust Enrichment and Their Classification

Legal Concept ◽  
2019 ◽  
pp. 126-130
Author(s):  
Daria Peregudova
Keyword(s):  
Scientific Knowledge ◽  
System Analysis ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
Knowledge System ◽  
Unjust Enrichment ◽  
Analysis And Synthesis

Introduction: the paper deals with the topical issues related to the obligations due to unjust enrichment. In the civil legislation, there is only one classification, which contains two types of enrichment by the method of origin: as a result of unjust acquisition of property and as a result of unjust saving of property. In this regard, the paper considers the types of enrichment presented by the civil scientists in the theory of civil law. The aim of the work is to conduct a comprehensive analysis of the types of obligations resulting from unjust enrichment and substantiate the need for further research on this topic. The methods of scientific knowledge: system, analysis and synthesis. Results: the author’s opinion on the proposed topic is expressed and the opinions of other scientists are given. Conclusions: as a result of the study, the author proposed new types of enrichment and presented their characteristics. It allowed revealing loopholes in the civil legislation and developing priority directions which will promote improvement of the norms of this institution.

scholarly journals Human Trafficking – Can the German Reform Address the Complexity of the Phenomenon?

2020 ◽  
Vol 10 (3) ◽  
pp. 293-313
Author(s):  
Susanne Beck ◽  
Melina Tassis
Keyword(s):  
Law Enforcement ◽  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Interconnected System ◽  
The Poor ◽  
Victim Protection ◽  
Goals And Objectives ◽  
Oriented Approach

German criminal law regarding human trafficking was reformed in 2016 in order to implement European goals and objectives, for example, the effective cooperation between member states' law enforcement authorities. This article examines the problems connected with the implementation of the reforms from different perspectives. It also takes into account that the laws were also changed to close perceived gaps in the Criminal Code and to simplify the classification of any action linked to human trafficking. Thus, it will show that the phenomenon of human trafficking cannot be addressed by implementing stricter criminal laws alone, since the main causes lie in the poor living conditions of the countries of origin and the way in which modern societies consume. What is needed is a broad-based awareness, an international interconnected system and appropriate victim protection resulting in an interdisciplinary, human rights-oriented approach to fight human trafficking and exploitation.

scholarly journals Digital nechnology and criminal law: interaction issues

2021 ◽  
Vol 60 (1) ◽  
pp. 105-110
Author(s):  
Elena V. Shchelkonogova
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
Scientific Community ◽  
Academic Discipline ◽  
Digital Technologies ◽  
Legal Analysis ◽  
Theory Of Law ◽  
The Impact

The development of digital technologies and their interaction with criminal law are extremely important for lawmaking, law enforcement, and the study of criminal law. In this connection, the author in the article aims to investigate the impact of digitalization on criminal law as a branch of law and as an academic discipline. The methodological basis of this research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of consistency, analysis and comparative legal. The author's position grounded in the work is based on the legislation and the opinions of the competent scientific community on the question of how artificial intelligence can be useful in assessing an act as a crime, what new offenses have appeared in connection with the development of digital technologies. With the helpof legal analysis of the provisions of the theory of law, the question of whether artificial intelligence can be a subject of law and be liable in the event of harm to the object of criminal law protection is investigated.

scholarly journals Digital transformation of the financial industry: The substance and trends

Upravlenets ◽  
2020 ◽  
Vol 11 (3) ◽  
pp. 72-81
Author(s):  
Ivan Kotliarov
Keyword(s):  
Financial Market ◽  
Financial Services ◽  
Global Economy ◽  
Digital Transformation ◽  
Methodological Framework ◽  
Financial Industry ◽  
Distinctive Features ◽  
Financial Products ◽  
Analysis And Synthesis ◽  
Unified Description

Digital transformation (digitization) of the financial industry is the reason behind the deep change in the models of interaction between actors in the financial market. However, a generally accepted interpretation of digitalization has not yet been proposed. The paper discusses the distinctive features of the financial industry digitalization and uses them as a basis for offering a unified description of the nature of this transformation. The methodological framework is the notion of three types of innovation – technology, organization, and product. The research methods used in the article are analysis and synthesis. The paper demonstrates how the types of innovation determine the nature of the digital transformation of the financial industry and how they are manifested in various digital financial products. Digital transformation of finance includes two aspects: (a) Fintech revolution, i.e. technological companies entering the financial market, and (b) adoption of innovative digital technologies by traditional financial companies. We propose the 4U model to describe the marketing aspect of the financial industry digital transformation and introduce the concept of flexible finance as a way to provide financial services that suggest lower liability of financial institutions. The research results show that, firstly, digital transformation of the financial industry is not limited to the technological aspect but also includes organizational and product-related elements. Secondly, the trends in the financial industry digitalization are similar to those in the digital transformation of the global economy.

scholarly journals The proportion between covert investigative actions and operative-search activities

2019 ◽  
Vol 2019 (3) ◽  
pp. 144-151
Author(s):  
Ардак Карл ◽  
Ardak Karl
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Main Tool ◽  
Legal Analysis ◽  
Search Activity ◽  
Criminal Cases ◽  
Criminal Process ◽  
Distinctive Features ◽  
Solution Methods ◽  
The Republic

The article deals with a study of the Institute of covert investigative actions, which effectively operates in the legal systems of a number of CIS member States. The author has conducted a comparative legal analysis of the covert investigative actions introduced in the code of Criminal procedure of the Republic of Kazakhstan, with operative investigative measures requiring its assessment. In this regard, the author highlights the essence, values, main identical and distinctive features of covert investigative actions and operative investigative measures, identifies problems of their practical application and offers the author’s opinion on the solution. Methods: The study is based on the fundamental dialectical methods, in particular, on the method of system analysis, as well as on the use of special legal methods, such as formal legal and comparative legal ones. Results: on the basis of a consistent comparison of the regulatory material and existing achievements in law enforcement, the most significant aspects that determine the place of the main tool of the operative-search activity – operative-search measures within and outside the criminal process are identified. It is stated that a reliable platform for a legal involvement and a wide use of forms and methods of operative investigative activity in the process of proving in criminal cases has been created and successfully applied in the criminal process of Kazakhstan.

scholarly journals CONSTITUTIONAL EXPERIMENT: REGULATORY APPROACHES IN FRANCE AND SPAIN

2019 ◽  
Vol 7 (5) ◽  
pp. 917-920
Author(s):  
Marina V. Markhgeym ◽  
Goar G. Zagaynova ◽  
Alla N. Gutorova ◽  
Aleksej N. Nifanov ◽  
Evgeniy E. Tonkov
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Social Policy ◽  
Scientific Knowledge ◽  
Cultural Institutions ◽  
Analysis And Synthesis ◽  
Teachers And Students ◽  
General Scientific ◽  
The Difference ◽  
Control Body

Purpose: The article is devoted to the study of the constitutional experiment features in France and Spain. The author analyzes the regulations, including the constitutions and laws of both France and Spain. It also provides the analysis of constitutional regulation methods in these countries. Methodology: The methodological basis of the study was the set of scientific knowledge leading methods. The methods of analysis and synthesis are widely used among general scientific ones, formal legal and comparative legal methods are among private scientific ones. Result: The analysis of approaches to the formalization of the constitutional-legal experiment on the example of two European countries - France and Spain - showed the difference in corresponding models and levels. France developed the system of the state constitutional legal experiment regulation at the level of the Constitution and other legal acts (organic law, regulations, etc.), taking into account the corrective law-enforcement practice of constitutional control body - the Constitutional Council. The implementation of constitutional legal experiments in France was associated with the decentralization of power, the activities of public scientific and cultural institutions, criminal justice, social policy, etc. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Constitutional Experiment: Regulatory Approaches in France and Spain is presented in a comprehensive and complete manner.

scholarly journals Award policy: types of awards for the municipal authorities

2020 ◽  
Vol 4 (2) ◽  
pp. 85-98
Author(s):  
Ekaterina S. Shugrina
Keyword(s):  
Russian Federation ◽  
System Analysis ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Policy Types ◽  
Municipal Level

The subject of the research is the establishment and application of official awards at the municipal level of government, including award legislation and the practice of its application. The purpose of the article is to confirm or disprove the hypothesis of an existence of an award policy and system of awards for the municipal level of government in Russia. The methodological basis of the research is the general scientific dialectical method of cognition (such as methods of analysis and synthesis, abstraction and concretization, induction, deduction and analogy), as well as the method of monitoring of legal acts, historical and legal method, system analysis. The main results of the research. A comprehensive analysis of existing regulations and description the general contours of the award policy for the municipal level of government were made. The following classification of awards applicable to municipal authorities can be distinguished. By type of award: honorary titles, medals, distinctions and incentives, as well as grants and prizes. Depending on the subject that establishes the award: state, municipal or public awards; moreover, you should distinguish between awards established by a public legal entity (award of the Russian Federation, of the constituent entity of the Russian Federation, a municipality) or a separate public authority. Depending on the subject receiving the award (the awarding subject): awards that are established both for the municipality as a whole, and for individual officials or other employees of local self-government bodies; a separate category consists of awards provided for the territorial bodies or their representatives. Currently, there is no single document outlining the system of awards of the Russian Federation. Conclusions. Monitoring of normative legal acts of local self-government bodies has shown that it is quite rare to find documents that regulate the award policy of a municipality. There is practically no award policy for local government bodies or their officials, as well as awards for contributions to the development of local self-government.

scholarly journals FORMATION OF THE UKRAINIAN LEGAL DOCTRINE CONCERNING QUALIFICATION OF THE CRIMINAL OFFENSES COMMITTED BY THE ORGANIZED CRIMINAL GROUPS IN CONTEXT OF AMENDING CHANGES TO LEGISLATION ON CRIMINAL LAW

2021 ◽  
pp. 112-116
Author(s):  
D. Ptaschenko
Keyword(s):  
Law Enforcement ◽  
Supreme Court ◽  
Criminal Law ◽  
System Analysis ◽  
Criminal Liability ◽  
Criminal Code ◽  
Legal Doctrine ◽  
Criminal Offenses ◽  
The Supreme Court ◽  
Criminal Groups

The Article 1 of the Constitution of Ukraine regulates: Ukraine is a sovereign and independent, democratic, social, legal state. One of the destabilizing factors in building the rule of law is the commission of criminal offenses by organized criminal groups. Due to the changes in the criminal legislation during the last two years, the criminal law norms have undergone significant changes, which directly or indirectly affect the qualification of criminal offenses committed by organized criminal groups. Given the changes in criminal law, the qualification of criminal offenses committed by organized criminal groups requires uniform systemic approaches, primarily at the level of judicial law enforcement practice. The formation of the Ukrainian legal doctrine on the qualification of criminal offenses committed by organized criminal groups is one of the significant auxiliary guidelines in the formation of such law enforcement practice. To achieve this goal and the defined objectives, the following methods were applied in the study: logical and normative – for the analysis of criminal law on the qualification of criminal offenses committed by organized criminal groups; system analysis – when considering judicial law enforcement practice (first of all, the Supreme Court and the Supreme Court of Ukraine) of the qualification of criminal offenses committed by organized criminal groups. The legislation strengthens criminal liability for criminal offenses by organized criminal groups, in particular, as evidenced by the amendments to the Criminal Code under the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Liability for Crimes Committed by the Criminal Community" dated by the 4th of June 2020. Before the formation of new approaches to the doctrine of criminal law and law enforcement judicial practice on the qualification of criminal offenses (crimes), a specific part of which is provided by h.ch. 1-5 art. 255 of the Criminal Code, the indirect reference is the provision of the resolution of the Plenum of the Supreme Court of Ukraine of December 23, 2005 №12 "On the practice of consideration by courts of criminal cases on crimes committed by stable criminal groups." Keywords: criminal offenses, criminal community, criminal organization, organized group, creation of a criminal community, leadership of a criminal community, organized criminal groups.

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