scholarly journals Cybervictimology as a New Course Unit: Methodological Guidance

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Dmitry Zhmurov
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Professional Competencies ◽  
Field Of Study ◽  
Major Field ◽  
Training Course ◽  
Teaching Guide ◽  
Research Competencies ◽  
The Status

The author’s own teaching guide of the course “Cybervictimology” is presented. It is aimed at developing students’ scientific and research competencies within in the Master’s degree program “Criminal Law and Criminology” (major field of study is “Law”). Apart from that, the key objectives of the academic course are as follows: a) to inform students about the most relevant processes in the modern criminality, and specificities and changes in the status of victims afflicted by cybercrimes; b) to develop professional competencies related to efficiency of the future occupation in law enforcement; c) to develop skills of digital hygiene. Relevance of the proposed training course, its goals and tasks are described. The structure of lectures and seminars is outlined. Digital didactic technologies to be used in the course are detailed. To complete the course, a number of final testing forms (test questions, credit questions) ensuring quality of the acquired knowledge are introduced.

scholarly journals Problematics of the Content of "Labor" Сonstitution Сategory

2021 ◽  
pp. 20-24
Author(s):  
Anna Kanakova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Social Relations ◽  
Legal Regulation ◽  
High Quality ◽  
The Status ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the constitutional category of «labour», the definition of which is not enshrined in legislative acts because it is considered to be a well-known category, which is not a special legal one and does not require any clarification. However, this approach creates difficulties for legal regulation, as it blurs the boundaries for the legislator and the executor. Lack of awareness of the concept of a regulated category can lead to a situation when the legislator, creating a new law or making amendments to an existing one, will subject to regulation the area that does not pertain to the relevant legal phenomenon, or vice versa - will ignore part of the content of the regulated category, which is certain to negatively affect the quality of legal regulation. Law enforcement practices similarly face difficulties in having only doctrinal understandings of statutory concepts, which creates inconsistency in decisions made by lawyers in course of their professional work. The 1993 Constitution of the Russian Federation enshrined the category of «labour» in a number of articles, but did not clarify the interpretation of its concept. The analysis of economic and legal views on labor allows us to conclude that, despite the status of a well-known category, which, it would seem, does not need an explanation, only the presence of clear criteria for recognizing an activity as labor, provides high-quality legal regulation, in particular, it allows not only to separate the types of activities that are not subject to legal regulation, but also to choose the right branch of law that regulates social relations in each particular case.

scholarly journals Overcoming Corporal Punishment of Children: an Evaluation Toward Indonesian Penal Policy Nowdays

2018 ◽  
Vol 54 ◽  
pp. 08017
Author(s):  
Rusmilawati Windari ◽  
Supanto ◽  
Widodo Tresno Novianto
Keyword(s):  
Law Enforcement ◽  
Corporal Punishment ◽  
Criminal Law ◽  
Physical Violence ◽  
Legal Reform ◽  
Single Issue ◽  
Effective Measure ◽  
Penal Policy ◽  
Violence Against Children

Currently, corporal punishment is no longer accepted as an effective measure in disciplining children. Under Article 19, 28, and 37 of the CRC, it has been regarded as breach of child’s right. Since 2006, the United Nations has evoked all countries to conduct legal reform pertaining prohibition of this act in all settings. Until today, Indonesia has been reviewed as a country where corporal punishment of children remains lawful. Nonetheless, Indonesian Government has rejected the review and insisted that the current penal policy is sufficient to protect children from that deed. In fact, the implementation of current penal policy toward corporal punishment unfortunately came up with problems of law enforcement. For instances,law enforcement against Aop Saopuddin and Dharmawati’s cases that apparently has surpassed the limits of criminal law itself, and brought about injustice for teachers.This paper provides a qualitative analysis of Indonesian penal policy relating to physical violence against children. It discusses a single issue, namely: has penal policy of Indonesia nowdays been appropriate to overcome corporal punishment of children?. This paper urges legislators to re-evaluate as well as to improve the quality of penal policy in respect to overcome corporal punishment of children fairly.

scholarly journals Selected aspects of social danger of crime theory

2021 ◽  
Vol 7 (4) ◽  
pp. 66-73
Author(s):  
Olga S. Guzeeva
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Special Role ◽  
Assessment Practice ◽  
Field Of Study ◽  
Crime Theory ◽  
Different Types

The question of social danger, its criteria and structure, is literally central in the doctrine of crime. There are tens, if not hundreds, of works devoted to this topic. Despite this, social danger still remains one of the most controversial areas of criminal law theory, and an underexamined field of study. The conclusion about the danger of a crime is the result of legislative consideration of many factors, which only provide a basis for criminalization. It should be obvious that each of these components can and should be independently assessed for public danger. Only in their totality can an act and its consequences be integrated into a general conclusion about the danger of a crime bia separate assessments of the danger of an individual. Among these factors, an act as a consciously volitional unlawful behavior of a person plays a special role. The act and its danger are an independent subject of assessment by the legislator and law enforcement body; the assessment of the danger of the act and the assessment of the danger of the crime are different types of assessment practice.

scholarly journals Police Officers as Victims

2017 ◽  
Vol 81 (1) ◽  
pp. 33-49
Author(s):  
Osman Isfen ◽  
Regina E Rauxloh
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Police Officer ◽  
Criminal Law ◽  
Police Officers ◽  
State Power ◽  
The State ◽  
Clear Understanding ◽  
The Status

While there is plenty of research into crime committed by police officers, surprisingly little debate can be found regarding the situation where a police officer becomes a victim. This is remarkable as the police not only embody criminal law enforcement but also epitomise state power. Based on a comparative study, this article examines how criminal law in England and Germany deals with attacks against police officers through separate criminal offences as well as increased sentences. The authors examine how the use of criminal law reflects on the state’s perception and valuation of the role of the police officer. It will be shown that while in England there is the clear understanding that the status of the victim as police officer has an aggravating effect, Germany strongly opposes the idea that the office-holder deserves more protection than ordinary citizens. On the contrary, the law takes in consideration that the offender finds him- or herself in a vulnerable situation when faced with the power of the state.

scholarly journals Problems of Criminal-Law Counteraction to the Legalization (Laundering) of Proceeds from Crime

2018 ◽  
Vol 12 (3) ◽  
pp. 396-406
Author(s):  
Andrey Makarov ◽  
Aleksandra Zhukova ◽  
Tamara Makarenko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Credit Rating ◽  
International Standards ◽  
Theoretical Research ◽  
Political Systems ◽  
Financial Flows ◽  
The Status ◽  
The Russian Federation ◽  
Criminal Legislation

The research is relevant because laundering of proceeds from crime is a threat both at the national and the global levels. The use of criminal proceeds in the economy leads to de-stabilization and disruption of the state economic and political systems. This type of criminal income has become the material basis that organized transnational crime uses to finance terrorism and bribe officials. Quickly developing technologies, widening financial flows of civil legal and financial deals lead to new infringements on the international financial safety. This is caused by the fact that new valuable property increases the risk of infringements on it. Taking into account the international scale, criminal law protection should first of all cover the objects infringement upon which consists in the legalization (laundering) of criminal proceeds. The Russian Federation was internationally recognized when it acquired the status of a country with a market economy and an investment credit rating. Its modern methods of public administration and the mechanisms of strategic planning correspond to the national and international standards. However, Russian social and economic conditions are difficult, they require an active development and improvement in all the priority areas and, primarily, the spheres of crime counteraction and national security. The results obtained by the authors could be used in the lawmaking practice to improve Russian criminal legislation in view of the existing theoretical research and the law enforcement experience.

Criteria for Establishing the Status of Law Enforcement Officers under Criminal Legislation of Ukraine

2021 ◽  
Vol 13 (2) ◽  
pp. 9-10
Author(s):  
Stanislav Eftemij
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Law Enforcement Officers ◽  
Criminal Code ◽  
Law Enforcement Agencies ◽  
Abuse Of Power ◽  
Study Results ◽  
Domestic Legislation ◽  
The Status ◽  
Criminal Legislation

The theoretical and practical difficulties in using criminal law measures against law enforcement officers who exceed power or official authority are studied here. The types of law enforcement agencies of Ukraine are clarified, and the signs of division of their system are described. The criteria for determining the status of law enforcement officers are established, and the features that distinguish an official from the support staff are emphasized. Finally, the most common disadvantages enshrined in the Criminal Code of Ukraine in terms of liability for abuse of power or official authority by law enforcement officers are analysed. The concepts of law enforcement officers, persons carrying out law enforcement activities, persons endowed with law enforcement powers, executors of law enforcement functions and the meaning and instances of their application in domestic legislation are also investigated. In light of the study results and the requirements of current criminal law, including the positions of criminal law scholars, suggestions for possible ways to eliminate existing regulatory shortcomings are provided.

scholarly journals Independence of the Judge, the Prosecutor and the Investigator

2018 ◽  
Vol 5 (4) ◽  
pp. 105-119
Author(s):  
A A Tymoshenko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Preliminary Investigation ◽  
Judicial System ◽  
Criminal Process ◽  
Legal Problems ◽  
The Status ◽  
The One ◽  
Complete Dependence

In the article, based on the analysis of doctrinal literature, law enforcement practice, the results of the survey of prosecutors and investigators questioning the issues of the institute of independence (independence) of the judge, the prosecutor and the investigator. These participants in the criminal process, performing key functions in criminal proceedings, need serious guarantees of the exercise of their special powers. At the same time, the study of relevant legislative acts leads to the conclusion that there are a number of problems whose solution will significantly increase the status of these officials and make them active participants in solving urgent problems of the population. On the one hand, the principle of absolute independence of a judge from the leadership of the judicial system, and on the other - the need to ensure the elementary organization of labor of “ordinary” servants of Themis. Likewise, the author sees a gap in the special powers of the investigator, who has the opportunity to practically independently resolve the criminal law tort, and an indicator of his real autonomy within the preliminary investigation body, which is characterized by an almost complete dependence on the leadership of the investigative body. In addition, the legislator does not form at all his attitude towards the internal independence of an employee of the prosecution authority. In view of the revealed organizational and legal problems of ensuring the independence (autonomy) of the judge, the prosecutor and the investigator, the author comes to the conclusion that it is necessary to more finely regulate the organization of work of these persons, in every possible way protecting them from outside interference

Strategic Role of Zakat in Multidimensional Quality of Life in Sijunjung, Indonesia

2018 ◽  
Vol 15 (1) ◽  
pp. 55-72
Author(s):  
Herlin Hamimi ◽  
Abdul Ghafar Ismail ◽  
Muhammad Hasbi Zaenal
Keyword(s):  
Quality Of Life ◽  
Positive Impact ◽  
Wealth Distribution ◽  
Absolute Poverty ◽  
Before And After ◽  
The Status ◽  
Being There ◽  
The Impact

Zakat is one of the five pillars of Islam which has a function of faith, social and economic functions. Muslims who can pay zakat are required to give at least 2.5 per cent of their wealth. The problem of poverty prevalent in disadvantaged regions because of the difficulty of access to information and communication led to a gap that is so high in wealth and resources. The instrument of zakat provides a paradigm in the achievement of equitable wealth distribution and healthy circulation. Zakat potentially offers a better life and improves the quality of human being. There is a human quality improvement not only in economic terms but also in spiritual terms such as improving religiousity. This study aims to examine the role of zakat to alleviate humanitarian issues in disadvantaged regions such as Sijunjung, one of zakat beneficiaries and impoverished areas in Indonesia. The researcher attempted a Cibest method to capture the impact of zakat beneficiaries before and after becoming a member of Zakat Community Development (ZCD) Program in material and spiritual value. The overall analysis shows that zakat has a positive impact on disadvantaged regions development and enhance the quality of life of the community. There is an improvement in the average of mustahik household incomes after becoming a member of ZCD Program. Cibest model demonstrates that material, spiritual, and absolute poverty index decreased by 10, 5, and 6 per cent. Meanwhile, the welfare index is increased by 21 per cent. These findings have significant implications for developing the quality of life in disadvantaged regions in Sijunjung. Therefore, zakat is one of the instruments to change the status of disadvantaged areas to be equivalent to other areas.

Maqâṣid Al-Qur’ân In The Interpretation of M. Quraish Shihab About The Verse of Social Media Usage

2020 ◽  
Vol 28 (1) ◽  
pp. 44
Author(s):  
Johar Arifin ◽  
Ilyas Husti ◽  
Khairunnas Jamal ◽  
Afriadi Putra
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Quality Of Information ◽  
Media Usage ◽  
Large Group ◽  
Six Elements ◽  
Written Law ◽  
Use Of Social Media ◽  
The Universe

This article aims to explain maqâṣid al-Qur’ân according to M. Quraish Shihab and its application in interpreting verses related to the use of social media. The problem that will be answered in this article covers two main issues, namely how the perspective of maqâṣid al-Qur’ân according to M. Quraish Shihab and how it is applied in interpreting the verses of the use of social media. The method used is the thematic method, namely discussing verses based on themes. Fr om this study the authors concluded that according to M. Quraish Shihab there are six elements of a large group of universal goals of the al-Qur’ân, namely strengthening the faith, humans as caliphs, unifying books, law enforcement, callers to the ummah of wasathan, and mastering world civilization. The quality of information lies in the strength of the monotheistic dimension which is the highest peak of the Qur’anic maqâṣid. M. Quraish Shihab offers six diction which can be done by recipients of information in interacting on social media. Thus, it aims to usher in the knowledge and understanding of what is conveyed in carrying out human mission as caliph, enlightenment through oral and written, law enforcement, unifying mankind and the universe to the ummah of wasathan, and mastery of world civilization

Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

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