scholarly journals Criminological and Criminal Law Signs of Mental Violence in Crimes Against Public Security Under the Criminal Law of Ukraine

2021 ◽  
Vol 15 (3) ◽  
pp. 380-391
Author(s):  
Ganna Sobko
Keyword(s):  
Criminal Law ◽  
Police Officers ◽  
Professional Competence ◽  
Public Security ◽  
False Report ◽  
Psychological Pressure ◽  
Terrorist Acts ◽  
Criminal Legislation ◽  
Property Destruction ◽  
And Behavior

The author examines topical aspects of specifying mental violence in the criminal legislation of Ukraine on the basis of Articles from the Section «Crimes against Public Security», namely «Banditry», «Terrorist Acts», «Intentionally False Report about a Threat to Public Security, or a Threat of Property Destruction or Damage». Special attention is paid to the empirical data collected on the basis of indicators of the Prosecutor General’s Office of Ukraine, the guilty verdicts of the courts of Ukraine under the above-mentioned Articles. On this basis, the author specifies objective attributes of the presence of mental violence in the above-mentioned crimes, analyzes their significance and, using the cases of court verdicts, proves the presence of mental violence. Mental violence is expressed through the use of the following terminology: coercion, compulsion, involvement, threats, recruitment, use of weapons, exerting psychological pressure against the victim, threat (of explosion, arson or other actions terrorizing the population, posing danger of human death, considerable damage to property or other grave consequences). The author has analyzed and presented the percentage ratio of all crimes under consideration and, using the conducted analysis, has developed recommendations on supplementing the formal components constituting these crimes with a compulsory object of the mental health of the population. Besides, having assessed the cumulative data from the survey of police officers whose work is connected with crime investigation, the author concludes that, within the framework of crimes against public security, such criminal means as involvement and coercion are varieties of mental violence which, through psychological influence, change a person’s mentality and behavior. To improve the professional competence of investigators in the spheres of psychology, criminal law and criminology, the author suggests developing for investigators an algorithm of actions for identifying mental violence in crimes against public security.

scholarly journals Aspects of Studying Self-Adjustment of Mental States of the Employees of Internal Affairs Agencies of Ukraine within Professional Activity

2019 ◽  
Vol 75 (4) ◽  
pp. 24-29
Author(s):  
T. L. Bilous
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Professional Competence ◽  
Self Regulation ◽  
Mental States ◽  
Modern World ◽  
Professional Activity ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
And Behavior

The article is focused on the research of self-regulation of mental states that arise in the employees of law enforcement agencies of Ukraine during the performance of professional activity in the conditions of extreme situations. The relevance of the research is currently increasing due to the need to increase resilience and overcome difficult life situations that often occur in the modern world. It has been determined that the professional activity of the employees of law enforcement agencies of Ukraine has its features, which require not only the professional competence of a specialist, but also certain personal qualities, with adaptation to extreme situations. The concepts of mental self-regulation, self-regulation and general ability to self-regulation have been analyzed. The basic levels of self-regulation related to professional activity (psycho-physiological, socio-psychological, psychological, spiritual) and corresponding self-regulatory abilities (emotional and psycho-physiological states, activity regulation, personal self-regulation, higher self-regulation ability) have been highlighted. They often occur while law enforcement officers perform their professional duties and lead to the emergence of negative mental states. The concept and main characteristics of an extreme situation have been characterized; self-regulation regulatory systems have been listed, which at the same time act as levels of self-regulation that ensures the effectiveness of professional activities of police officers in extreme situations. The author has studied methods of psychological influence (autogenic training and its variants, naive methods of self-regulation, the simplest methods of self-regulation, ideomotor training and neuro-linguistic programming), which are necessary for solving the set task. The author of the article describes how to possess various techniques of mental self-regulation, which allow to optimize the mental states and behavior of police officers in extreme situations. The conducted analysis of the aspect of studying self-regulation of mental states of police officers in professional activities to extreme situations demonstrates the possession of techniques of mental self-regulation and different levels and abilities of self-regulation, which allow to optimize the mental state and behavior of police officers.

scholarly journals Criminal offences against public security: a comparative analysis of Russian and Polish criminal codes

2020 ◽  
pp. 20-27
Author(s):  
Ol'ga Leonidovna Dubovik
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
The State ◽  
Public Security ◽  
Religious Persecution ◽  
Foreign Experience ◽  
Shared Goals ◽  
Criminal Legislation

The problem of ensuring public security is recognized by society and the state as an increasingly important, which is discussed by not only politicians and lawyers, but also political scientists, philosophers, and religious figures. Terrorism, taking of hostages, piracy, mass disturbances, extremism, racism and religious persecution have turned into a bitter daily occurrence. Russian and foreign criminal legislation establishes responsibility for such criminal offences. Despite the adopted conventions, the development of common positions on the prevention of crimes against public security, as well as criminal law regulations substantially differ from country to country. In pursuance of unification of criminal legislation on combating terrorism, extremism and other assaults on public security, as well as efforts taken in this regard, the author observes both, shared goals and aspirations, as well as substantial differences thereof. From this perspective, the differences and similarities of criminal law institution (community), which establishes responsibility for offences against public security in the criminal codes of Russia and Poland, are evident. Such comparative analysis would be applicable in comprising Russian and foreign experience overall, but taking into account the historical, cultural, political, geographical and other indicators, it seems reasonable to use the regulation of the corresponding criminal law prohibitions in the two indicated countries.

V. II principio dell’irretroattività della legge nell’esperienza giuridica romana dell’età repubblicana

2021 ◽  
Vol 138 (1) ◽  
pp. 245-273
Author(s):  
Umberto Laffi
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
First Century ◽  
The Political ◽  
Political Struggle ◽  
Dynamic Relationship ◽  
Depth Analysis ◽  
The Law ◽  
Criminal Legislation ◽  
Epigraphic Evidence

Abstract The Principle of the Irretroactivity of the Law in the Roman Legal Experience in the Republican Age. Through an in-depth analysis of literary and legal sources (primarily Cicero) and of epigraphic evidence, the author demonstrates that the principle of the law’s non-retroactivity was known to, and applied by, the Romans since the Republican age. The political struggle favored on several occasions the violation of this principle by imposing an extraordinary criminal legislation, aimed at sanctioning past behaviors of adversaries. But, although with undeniable limits of effectiveness in the dynamic relationship with the retroactivity, the author acknowledges that at the end of the first century BC non-retroactivity appeared as the dominant principle, consolidated both in the field of the civil law as well as substantive criminal law.

Comparative analysis of the criminal legislation of the Republic of Azerbaijan and The Islamic Republic of Iran

2021 ◽  
Vol 67 (06) ◽  
pp. 108-112
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Modern World ◽  
Cultural Integration ◽  
Islamic Republic ◽  
Foreign Countries ◽  
Foreign Law ◽  
Islamic Republic Of Iran ◽  
The Republic ◽  
Criminal Legislation

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem. In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law.As the criminal legislation of the Islamic Republic of Iran and the Republic of Azerbaijan relates to different legal systems, it is difficult to compare them, but it is mutually beneficial.Thus, it allows to identify gaps in the legislation of both countries and take measures to eliminate them. Key words: crime, responsibility, talion principle, revenge, additional punishment, so to speak

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals Relationship between the police and crime victims: An analysis of the process and the level of satisfaction with police work

Temida ◽  
2014 ◽  
Vol 17 (1) ◽  
pp. 113-130
Author(s):  
Milan Klisaric ◽  
Aurelija Djan
Keyword(s):  
Police Officers ◽  
Police Work ◽  
Crime Victims ◽  
Criminal Offenses ◽  
Level Of Satisfaction ◽  
Significant Difference ◽  
Lgbt Community ◽  
Victims Of Crime ◽  
Treat All ◽  
And Behavior

The task of this study was to investigate the level of satisfaction of various categories of crime victims with various aspects of police work and behavior. The aim of this research was to examine whether the police treat all victims of crime equally responsibly, or whether there is a significant difference in the satisfaction of various categories of crime victims with various aspects of police work and behavior. On an occasional sample of 150 examinees, we analyzed the level of satisfaction of crime victims in relation to the expectations of the police regarding the reported criminal offenses and then the level of satisfaction towards different aspects of work and conduct of the police, such as reporting crime to the police, environmental conditions of interview and human compassion/empathy of police officers. The results indicate a significant difference in the satisfaction of specified aspects of police work among different categories of victims. Most dissatisfaction was expressed by members of the LGBT community and convicted persons when they appear in the role of victims. The research makes recommendations for improving the quality of the work and behavior of the police towards victims of crime.

scholarly journals THE ANTI-TERRORIST FUNCTION OF THE RUSSIAN STATE: THE CONCEPT AND THE BASIC SIGNS

2019 ◽  
Vol 23 (1) ◽  
pp. 27-47
Author(s):  
Denis S Mits
Keyword(s):  
Criminal Law ◽  
Third Party ◽  
Public Security ◽  
Conceptual Apparatus ◽  
Russian State ◽  
Constitutional System ◽  
The Impact ◽  
Ordinary Citizens

The article compares the important organizational and legal trends and prospects of antiterrorist activity, as well as the associated conceptual apparatus and the essence of terrorism. In the theory of criminal law, terrorism is defined as a threat to public security, in contrast to other areas of knowledge. This criminal phenomenon is implemented through the impact on a third party to the conflict (primarily ordinary citizens), that is, to encourage them to transform the foundations of statehood. In this regard, the system of management of information counteraction to terrorism, extremist activity and other forms of encroachment on the constitutional system, as well as other spheres of state functioning is gaining momentum.

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