scholarly journals The Forms of Criminal Prosecution

Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Criminal Prosecution ◽  
Legal Interpretation ◽  
Scientific Methods ◽  
Theoretical Position ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
The Common

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.

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 ANTHROPONYMS IN GENRE DIVERSITY IN THE ADVERTISING TEXTS OF VETERINARY PHARMACEUTICALS IN THE BEGINNING OF THE 20th CENTURY

2021 ◽  
pp. 25-50
Author(s):  
Svitlana NASAKINA
Keyword(s):  
20Th Century ◽  
Proper Names ◽  
Semantic Features ◽  
Veterinary Pharmaceuticals ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
In The Beginning ◽  
Linguistic Methods

Introduction. The article discusses the features of proper names in advertising texts of veterinary pharmaceuticals. Attention is paid to the description of structural and semantic features of anthroponyms. We investigate proper names as the part of the structure of advertising texts of veterinary pharmaceuticals. The purpose of the article is the analysis of anthroponyms in advertising texts of veterinary pharmaceuticals. The object of the study is proper names in advertising texts of veterinary pharmaceuticals. The subject of the study is anthroponyms in advertising texts in the beginning of the 20th century. Materials and methods. The purpose determines the choice of methods in our study: general scientific methods of systematization, analysis and synthesis, quantitative analysis were used. The descriptive method of advertising texts is used in the work. Among the special linguistic methods, structural one was used, which helped in determining the features of the structure of anthroponyms. Anthroponyms for our research have been taken from the newspaper “Public Veterinary Bulletin” for the period of 1904-1906 years. Results. As a result of the study, structural and semantic features of anthroponyms were established. Сonclusions. Anthroponyms learned in advertising texts of veterinary pharmaceuticals in the beginning of the 20th century had been used almost in all analyzed texts. The practical value of the work lies in the fact that the analysis of anthroponyms in advertising texts opens up prospects for further researches, which may be connected with the identification of the specific characteristics of proper names in the advertising texts of veterinary pharmaceuticals in different languages. Summing up, a thorough analysis of the advertising texts of veterinary pharmaceuticals helped to establish the structure and functioning peculiarities of anthroponyms.

scholarly journals About the Status of Law Norms

2021 ◽  
Vol 1 (2) ◽  
pp. 58-68
Author(s):  
Vladimir Valentinovich Kozhevnikov
Keyword(s):  
Social Sciences ◽  
Point Of View ◽  
Scientific Article ◽  
Special Sciences ◽  
Legal Literature ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
The Status ◽  
General Scientific ◽  
The Subject

This article analyzes the problem of recommendatory norms in Russian literature, both Soviet and modern, which is solved ambiguously. As for Soviet theoretical scientists, recommendation norms were the subject of study by such authors as Nikolai Grigorievich Alexandrov, Alexander Filippovich Shebanov, Peter Yemelyanovich Nedbailo, Vladimir Srgeevich Petrov, Valery Evaldovich Krasnyansky. Viktor Mikhailovich Gorshenev, Cecilia Abramovna Yampolskaya, Vladimir Matveevich Solyanik, Viktor Lavrenievich Kulapov, whose scientific works are given below. Regarding modern legal literature, unfortunately, we have to state that, basically, with rare exceptions (scientific articles by Vladimir Valentinovich Kozhevnikov, Alexander Evgenievich Kondratyev, Sadri Salikhovich Kuzakbirdiev), this problem is considered only in educational literature. When preparing a scientific article, the following methods were used: general philosophical (dialectical-materialistic), which is used in all social sciences; general scientific (analysis and synthesis, logical and historical, comparisons, abstractions, etc.), which are used not only by the theory of state and law, but also by other social sciences; special methods (philological, cybernetic, psychological, etc.), developed by special sciences and widely used for the knowledge of state and legal phenomena; private scientific (formal legal, interpretation of law, etc.), which are developed by the theory of state and law. Soviet scientists - legal theorists: supporters and opponents of the recognition of recommendatory norms of law.  From the point of view of scientists, a "recommendatory" -containing recommendation, i.e. advice, wish [1], instruction [2].

scholarly journals Epistemological issues of research of the subject and object of legal protection in genomic relations

2021 ◽  
Vol 25 (4) ◽  
pp. 872-887
Author(s):  
Anastasiya E. Semyonovikh
Keyword(s):  
Technological Development ◽  
Legal Protection ◽  
Scientific Rationality ◽  
Scientific Methods ◽  
Philosophical Foundations ◽  
Legal Relationship ◽  
Analysis And Synthesis ◽  
Genetic Technologies ◽  
General Scientific ◽  
The Subject

The relevance of the research topic is justified by the rapid technological development of genetics and genomics and introduction of genetic technologies and inventions in scientific and medical practice, which is not provided with a proper systematized legal protection in national and international legislation. The legislators problems are caused by the uniqueness and complexity of the genomic legal relationship. The subjects of knowledge in the framework of post-non-classical scientific rationality need to focus on the epistemological philosophical foundations of the knowledge of genomic legal relations. The purpose of the study is to identify and reflect the features of knowledge of the legal protection of genomic legal relations. Research tasks suggest defining the concept and composition of genomic legal relations, identifying the object and subject of legal protection of genomic legal relations, distinguishing between the concepts of "legal safeguard" and "legal protection" of genomic legal relations. The methodology of scientific research includes the dialectical method, general scientific logical operations (deduction and induction, analysis and synthesis), and private scientific methods (formal legal and comparative legal methods). Within the framework of the methodology of post-non-classical scientific rationality, a systematic approach to the study of the object of knowledge is used - the study of the structure, functional and instrumental aspects of the protective genomic legal relationship.

scholarly journals Adaptive Model in Translation: Psycholinguistic Dimension

2019 ◽  
Vol 26 (2) ◽  
pp. 70-90 ◽  
Author(s):  
Владислава Демецька
Keyword(s):  
Target Audience ◽  
Adaptive Model ◽  
Source Text ◽  
Scientific Methods ◽  
Methods Of Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Common ◽  
Theoretical Overview ◽  
Translational Models

The aim of the article is to offer a theoretical overview of the relevance of the adaptive model in translation from psycholinguistic perspective. Based on psycholinguistic approach to defining the notions of adequacy/equivalency in translation the research suggests theoretically and methodologically justified reasons for applying the translational adaptation to culture-bound texts. The comprehensive analysis of the “adaptation” as a notion presupposes the implementation of the hierarchy of the scientific methods of analysis among which the most relevant are: general scientific methods of analysis and synthesis of theoretical discussions on adaptation, text-typological structural/functional, psycholinguistic and translational methods of text analysis. An adaptive potential of a text is defined within the framework of intralinguistic and interlinguistic comparison of pragmatic texts, which grounds the adaptive translational models of pragmatic texts under analysis. The results of the research speak to the fact that from the psycholinguistic perspective the notion of an equivalent translation presupposes the transcoding of the content of a source text with its semantic, stylistic and functionally communicative information. On the other hand, the notion of an adequate translation is understood as the translational reproduction of the reaction which is caused by the source text on the audience taking into account text-typological, cultural, psychological stereotypes of the target audience. In conclusion one can state that the adequate variant of translation of pragmatic culture-bound text is possible under the conditions of its adaptation to the linguocultural stereotypes of the target audience. In other words, the common beam of the adequacy in translation is the target audience’s comprehension.

scholarly journals Forensic support for the international search

2021 ◽  
Vol 10 (40) ◽  
pp. 244-252
Author(s):  
Oleksii Humin ◽  
Dmytro Nykyforchuk ◽  
Nataliia Pavliuk ◽  
Olena Volobuieva ◽  
Andrii Antoshchuk
Keyword(s):  
International Cooperation ◽  
Science And Technology ◽  
Legal Institution ◽  
Scientific Methods ◽  
Research Results ◽  
Separate Form ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
Practical Recommendations

The purpose of the article is to formulate the basic theoretical principles and practical recommendations for forensic support for the international search. Subject of research: The subject of research is the concept, content, objectives and features of the implementation of forensic support for the international search. Methodology: In the course of the research general scientific methods, such as the methods of analysis and synthesis, induction and deduction, specification, summarization and analogy, etc. were used. Research results: According to the results of the research, it is substantiated that the international search is a complex legal institution and a separate form of international cooperation. Forensic support in this context is to create the conditions of preparedness and implementation of methods, tools, techniques of forensics in order to solve the problems of the international search. Practical consequences: It is proved that the international search is carried out according to certain stages, where certain measures of forensic support are necessary to be applied. Value / originality: Forensic support for the international search is to maximize the use of modern advances in science and technology to expand the range of sources of forensic information that can be applied in the international search.

scholarly journals Research of the role of the scientific and technical support in development of software products for Automated Control Systems

2020 ◽  
pp. 19-31
Author(s):  
Oleg Vasilyevich Tikhanychev
Keyword(s):  
Control Systems ◽  
Technical Documentation ◽  
Software Developers ◽  
Automated Control ◽  
Scientific Methods ◽  
Software Products ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject

The subject of this research is the process of development of software products for Automated Control Systems of industrial and special designation. The object of this research is the functional responsibilities of the software developers based on their roles in this process. The general scientific methods of analysis and synthesis were applied in studying the peculiarities of the development of software products. Leaning on analysis of the content of technical documentation standards that regulates the software development for automated systems of special designation and determines the content of the process and functions of its participants, the author synthesized the suggestions on clarification of the list of experts engaged in the process and their competences. The problem is articulated regarding the improvement of functional responsibilities of the participants of this process. It is proposed to specify the technical documentation standards, list of involved experts, and their training programs. Execution of such measures should help to bring the process of development of software products for Automated Control Systems in compliance with the current demands.

scholarly journals On Issue of the Subject Matter of International Law Philosophy

2019 ◽  
Vol 6 (2) ◽  
pp. 42-52
Author(s):  
Mark Vladimirovich Shugurov
Keyword(s):  
International Law ◽  
Conceptual Model ◽  
Subject Matter ◽  
Contemporary Philosophy ◽  
Main Subject ◽  
Scientific Methods ◽  
Philosophical Foundations ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject

This article offers a comprehensive view of most significant aspects of the subject matter of international law philosophy. The purpose is a framing the conceptual model of its subject matter and is to identify general themes of further discussion. The methodology of research conducted consists of the general scientific methods of analysis and synthesis, generalization and abstracting. The author has used the system principle and the historical principle. As results of given study are following: justifying the idea of international law as a main subject matter of respective philosophy; explicating the content of the notion “contemporary philosophy of international law”; demonstrating the differences between theory of international law and international law philosophy. The conclusions drawn are conceptual provisions that, firstly, international law philosophy is an independent legal science. Secondly, its vocation is to investigate not only philosophical foundations of international law but also philosophical foundations of international law doctrine. Thirdly, the contemporary international law philosophy must provide the dialog between versions of understanding of international law that are typical for various civilizations.

scholarly journals Risks of interaction of participants in the labeling (chiping) of goods in order to counter counterfeiting

2020 ◽  
Vol 164 ◽  
pp. 09009 ◽  
Author(s):  
Vyacheslav Bezdenezhnykh ◽  
Diana Arutiunian ◽  
Elena Karanina
Keyword(s):  
Interaction Process ◽  
Data Matrix ◽  
Economic Resilience ◽  
Scientific Methods ◽  
Economic Method ◽  
Rfid Data ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Subject ◽  
Technological Methods

The importance of research is determined by the increasing need for identification and authentication of goods in order to ensure country economic resilience through counterfeit deterrence. In this article based on relationship practice of labelling (chipping) process participants, interest harmonization proposals for the participants are justified in order to prevent and deter counterfeit and falsified goods. The purpose of the work is to reduce the risks through improving interchain relationship between labelling (chipping) process participants in the fight against illegal trafficking in goods as a procurement mechanism of State economic resilience through considering the problems in relationship between chipping process participants and possible risks in the process of their communication, proposing measures to minimize risks in the interaction process of the participants and characterizing the measures proposed. The object of the research is technological methods of protection against counterfeit. The subject of the work is a relationship system of interest harmonization and communication improvement between producers using product chipping technology (RFID, Data Matrix), labelling operator, government and consumers during counterfeit and falsified good combat. Methodology: the study used general scientific methods of analysis and synthesis, a method of modeling and analogy, as well as a special statistical and economic method.

scholarly journals Need to change the design of investigative actions aimed at obtaining information transmitted by means of communication

2021 ◽  
Vol 2021 (1) ◽  
pp. 146-155
Author(s):  
Vladimir Stel'mah
Keyword(s):  
Social Activity ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Information Research ◽  
Analysis And Synthesis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Law ◽  
Almost All ◽  
E Mail

Abstract: Relevance of the research topic. The obvious trend of social activity was the digitalization of almost all aspects of people’s lives, which led to a sharp increase in information transmitted in digital (electronic) form. The Criminal Procedure Law provides for investigative actions aimed at obtaining this information for subsequent use in criminal evidence. However, some changes to the law are not quite systemic, are not supported by theoretical studies, which complicates law enforcement practice, forms the prerequisites for violating the uniformity of application of the law, and infringement of the rights of participants in criminal procedure. Problem setting. The constant improvement of the means of communication objectively leads to an expansion of their scope. In response, the legislator designs investigative actions that allow obtaining information transmitted by means of communication. However, some legislative decisions could not be considered optimal. Thus, having fixed in Art. 185 of the Code of Criminal Procedure of the Russian Federation the possibility of obtaining information transmitted by e-mail, the legislator did not take into account that this norm applies only to postal operators. In addition, since 2018, telecommunication operators have been required to record and store the content of all communication sessions served by them. However, these provisions are not taken into account in the criminal procedure law, which establishes another procedure for obtaining information. Research objectives and methods. The purpose of the study is to develop proposals for improving the normative design of investigative actions aimed at obtaining information transmitted by means of communication. The tasks of the study are to analyze the provisions of the Criminal Procedure Law and the legislation on communication, to identify conflicts between them. The methodological basis of the study was the dialectical-materialistic method, as well as the general scientific methods of scientific knowledge: analysis and synthesis, induction and deduction, formal-logical, systemic. Results and key findings. To eliminate the resulting collision, it is necessary to design a universal investigative action that allows you to obtain information transmitted by telecommunication means, both the content of negotiations and the billing parameters of the connection.

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