THE PLACE OF NATIONAL CRIMINOLOGY IN THE SYSTEM OF SCIENCES

2021 ◽  
pp. 69-81
Author(s):  
Lev M. Prozumentov ◽  
◽  
Alexander V. Shesler ◽  
Keyword(s):  
Social Sciences ◽  
Criminal Law ◽  
Criminal Group ◽  
Social Phenomenon ◽  
Main Subject ◽  
Educational Impact ◽  
Criminological Research ◽  
Legal Nature ◽  
The Subject ◽  
The Difference

The article substantiates the approach of domestic criminology to social and legal sciences. The authors analyze other approaches, according to which criminology is a part of criminal law and is the result of the application of sociological methods in criminal-legal research, or is a branch of knowledge beyond the legal sciences. The difference in the subject of criminal law and criminology is stated. It lies primarily in the fact that criminal law does not study crime, and the study of crime is carried out mainly as a legal phenomenon; criminal law examines the prevention of crimes carried out by the measures of criminal-legal policy (punishment, probationary conviction, etc.). Criminology studies mainly criminality but crime is studied as a social phenomenon and as a private expression of criminality; criminology examines crime prevention by measures that make up the content of criminological policy (control, assistance, educational impact, etc.). It is noted that despite the use of basically unified terminology both in criminal law and criminology, the content of the same terms e.g. “crime”, "criminal identity," "prevention," "criminal group" etc. is different. The authors believe that the use of methods and approaches developed by other sciences e.g. sociology, social psychology, etc. in criminological studies does not turn criminology into the branch of knowledge beyond the legal sciences. Using the borrowed methods and approaches criminology studies criminality as not only a social phenomenon, but a criminal-legal one, consisting of acts recognized as crimes in criminal law. The socio-legal nature of criminality, which is the main subject of criminology, the use in criminological research of methods of other social sciences and approaches developed by them, enable the authors to conclude that criminology is a complex social and legal science.

Rhythm

2018 ◽  
Author(s):  
Lexi Eikelboom
Keyword(s):  
Social Sciences ◽  
Twentieth Century ◽  
Human Existence ◽  
Embodied Experience ◽  
Giorgio Agamben ◽  
The Social ◽  
Contemporary Philosopher ◽  
The Subject ◽  
The Difference ◽  
Theoretical Category

This book argues that, as a pervasive dimension of human existence with theological implications, rhythm ought to be considered a category of theological significance. Philosophers and theologians have drawn on rhythm—patterned movements of repetition and variation—to describe reality, however, the ways in which rhythm is used and understood differ based on a variety of metaphysical commitments with varying theological implications. This book brings those implications into the open, using resources from phenomenology, prosody, and the social sciences to analyse and evaluate uses of rhythm in metaphysical and theological accounts of reality. The analysis relies on a distinction from prosody between a synchronic approach to rhythm—observing the whole at once and considering how various dimensions of a rhythm hold together harmoniously—and a diachronic approach—focusing on the ways in which time unfolds as the subject experiences it. The text engages with the twentieth-century Jesuit theologian Erich Przywara alongside thinkers as diverse as Augustine and the contemporary philosopher Giorgio Agamben, and proposes an approach to rhythm that serves the concerns of theological conversation. It demonstrates the difference that including rhythm in theological conversation makes to how we think about questions such as “what is creation?” and “what is the nature of the God–creature relationship?” from the perspective of rhythm. As a theoretical category, capable of expressing metaphysical commitments, yet shaped by the cultural rhythms in which those expressing such commitments are embedded, rhythm is particularly significant for theology as a phenomenon through which culture and embodied experience influence doctrine.

Cryptocurrency as a New Phenomenon: Criminal Law Aspect

2021 ◽  
pp. 119-125
Author(s):  
A. V. Malyushev ◽  
V. G. Sinelnikova
Keyword(s):  
Criminal Law ◽  
Financial Instrument ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Subject ◽  
Characteristic Features

The article discusses such new financial instrument as cryptocurrency. The authors present the characteristic features of cryptocurrency, advantages and risks of its use. The analysis is aimed at studying cryptocurrency as a legal phenomenon. The article attempts to determine the legal nature of cryptocurrency in accordance with modern foreign and Russian regulations. The authors consider the question of whether cryptocurrency can be the subject of crimes. The result of the analysis is the conclusion about the multidimensionality of the phenomenon and the need for detailed legislative regulation.

Occupation of the highest position in the criminal hierarchy: features of criminal law qualifications

2021 ◽  
pp. 500-509
Author(s):  
Ivan V. Pikin ◽  
Ilya A. Tarakanov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Group ◽  
Criminal Organization ◽  
Criminal Code ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Points Of View

We consider the features of criminal law qualification of occupying the highest position in the criminal hierarchy. We analyze the provisions of Article 210.1 of the Criminal Code of the Russian Federation, as well as the points of view of legal scholars about the specifics of establishing the highest criminal status of a person. As a result of this study, it is concluded that the establishment of the place of a specific subject in the criminal hierarchy is possible in those cases when the person confirms his criminal status or the persons involved as witnesses confirm that this person has a higher position in the criminal hierarchy. We believe that when determining the subject of a given crime, it is necessary to establish such signs as the subject’s opinion regarding this status; the opinion of the persons who were part of this criminal organization regarding the position of this person in it; his possession of “powers” of an administrative nature in relation to members of this criminal group or other persons adhering to “thieves’ concepts”; the opinion of other persons with the highest position in the criminal hierarchy regarding the criminal status of the subject. At the same time, it should be recognized that there is an urgent need for a judicial interpretation of the issues of quali-fication of a crime provided for in Article 210.1 of the Criminal Code of the Russian Federation, which necessitates the preparation of an appropriate resolution of the Plenum of the Supreme Court of the Russian Federation.

scholarly journals Limits to tolerance: Tribal social order versus human rights

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 181-192
Author(s):  
Ferdinand Kirchhoff ◽  
Nazia Khan
Keyword(s):  
Social Sciences ◽  
Human Rights ◽  
Social Control ◽  
Social Order ◽  
Local Order ◽  
Classical Approach ◽  
Main Subject ◽  
Social Settings ◽  
The Difference ◽  
Globalized World

In a globalized world, there are clear differences in ideologies that are usually not spelled out. The paper follows the approach prescribed by Ben David?s ?Victim?s Victimology? (2000) and applies a classical approach to ideologies in social sciences by W.B. Miller (1973). The main subject of this paper is the difference between local order ideology and human rights ideology. The aim is to show that formal social control is determined or influenced by these different ideologies. The authors analyze four cases of victimization of women in different social settings , in Sudan (2012), Canada (2012), India (1985) and in Pakistan (2002). In all these cases the local order ideology clashes with a human rights ideology. Limits to tolerance must be clear.

scholarly journals DIKOTOMI PIDANA MATI SEBAGAI HAK ASASI MANUSIA DI INDONESIA MENURUT HUKUM POSITIF DAN HUKUM PIDANA ISLAM

2021 ◽  
Vol 3 (01) ◽  
pp. 15-33
Author(s):  
Muhammad Afif
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Capital Punishment ◽  
Subject Matter ◽  
Deterrent Effect ◽  
The Public ◽  
Positive Law ◽  
The Subject ◽  
The Law ◽  
The Difference

Eksekusi hukuman mati dalam hukum positif Indonesia dilakukan dengan cara hukuman mati, yang berarti bahwa eksekusi hukuman mati tidak dilakukan di depan orang banyak atau tidak dipublikasikan. Dalam hukum pidana Islam, dieksekusi dengan cara dipenggal, dilempar dengan batu (Rajam) dan dieksekusi di depan umum, artinya eksekusi hukuman mati disaksikan oleh publik. Jenis penelitian merupakan penelitian normative.Pokok bahasan dari artikel ini adalah bagaimana eksekusi hukuman mati memberikan efek jera bagi masyarakat? karena salah satu tujuan hukuman mati adalah memberikan efek jera kepada seseorang / masyarakat agar tidak melakukan kejahatan. Tidak ada perbedaan antara eksekusi hukuman mati dilihat dalam hukum positif Indonesia dan hukum Islam, pada dasarnya kedua tindak pidana tersebut sama-sama memberikan efek jera berupa ketakutan kepada publik untuk melakukan kejahatan atau tindakan yang melanggar hukum. Perbedaan antara hukum positif Indonesia dan hukum Islam, hanya dalam hal prosedur eksekusi. Abstract The execution of the death penalty in Indonesian positive law is carried out by means of a death shot, meaning that the execution of the death penalty is not carried out in front of a crowd or unpublished. In Islamic criminal law, the execution is executed by beheaded, thrown with stone (Rajam) and the execution is executed in front of the public, meaning that the execution of capital punishment is witnessed by the public. this type of research is normative research. The subject matter of this article is how the execution of capital punishment theoretically gives more deterrent effect to society? because one of the objectives of criminalizing, especially capital punishment is to give deterrent effect to a person / society in order not to commit a crime / crime. The execution of the death penalty between two criminal sides namely the positive crime of Indonesia and Islamic crime, basically the two criminal act equally give a deterrent effect in the form of fear to the public to commit a crime or a crime that violates the law. It's just possible to see the difference between positive criminal Indonesia and Islamic crime in terms of the procedure of execution execution.  

scholarly journals Criminal law measures and criminal liability: scientific discussion and search for solutions

2020 ◽  
Vol 14 (4) ◽  
pp. 542-551
Author(s):  
Yurii E. Pudovochkin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Scientific Discussion ◽  
Administrative Supervision ◽  
Legal Nature ◽  
Real Phenomenon ◽  
The Common ◽  
The Difference ◽  
The Relationship ◽  
Official Recognition

The paper analyzes the content of scientific discourse on the relationship between criminal liability and criminal law measures and proves that the corresponding concepts are not subordinate and interchangeable. Criminal law measures are defined as legal means and normative structures established by law, which the state uses to respond to a crime. Criminal liability is defined as a real phenomenon, a special combination of criminal law measures implemented on the basis of a court sentence. The common feature of criminal liability and criminal law measures is that they can only be applied in case of commission of a crime. In this regard, measures imposed on persons who have committed a socially dangerous act before reaching the age of criminal liability or in a state of insanity should be excluded from the list of measures of a criminal legal nature. The difference between liability and criminal law measures is that liability requires official recognition of a person guilty of committing a crime, while criminal law measures can also be applied in the absence of a decision on guilt, when a person is exempt from criminal liability. Based on this, all criminal law measures are divided into two groups: a) measures applied outside the scope of liability, and b) measures that are part of liability. We give the nomenclature of each of them and identify promising opportunities for their expansion. In particular, the list of criminal law measures may be supplemented with community service, limited paid work, and administrative supervision. Keywords: criminal liability; measures of a criminal-legal nature; criminal punishment; conditional conviction; criminal record; administrative supervision; criminal-legal attitude.

scholarly journals Anti-Corruption Legislation of Russia: A Retrospective Analysis of the Formation of the Mechanism of Legal Effect

Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 59-69
Author(s):  
O. A. Avdeeva ◽  
V. A. Avdeev
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Development ◽  
Political Transformations ◽  
Legal Nature ◽  
Domestic Legislation ◽  
Legal Effect ◽  
The Subject

The paper investigates methodological, organizational and practical aspects of the legal effect on corruption during the period of formation and development of the national statehood. The novelty of the subject under consideration lies in the issue associated with: 1) the disclosure of the causes and conditions of corruption as a socially negative phenomenon at certain stages of the state and legal development; 2) identification of key directions of the legal policy in the field of anti-corruption predetermined by socio-economic and political transformations. In the course of achieving the goal of the study, the author has applied special legal methods of cognition contributing to the retrospective analysis of the legal regulation of legal liability for corruption-related offenses. As the result of the study, the paper shows the legal nature of corruption, its essential specificities and features as a socially negative phenomenon. The authors have identified peculiarities of anti-corruption measures undertaken during the period of the Russian statehood under review. Also, they have determined the tendencies in the legal regulation of corruption-related crimes and defined the features of the mechanism of the legal regulation of legal responsibility for corruption. The authors have expressed their opinion about the absence of categorical and legal assessment of the concept of corruption in the domestic legislation of the period under review that would predetermine recognition of measures having effect under criminal law as a strategic resource of counteracting corruption-related offenses. The paper draws conclusions about the factors inspiring the legislative regulation of corruption-related crimes and about the specifics of the implementation of punishment and other measures under criminal law.

Claim of Right and Dispute of Title

1966 ◽  
Vol 24 (2) ◽  
pp. 216-247
Author(s):  
R. N. Gooderson
Keyword(s):  
Criminal Law ◽  
Practical Importance ◽  
Criminal Courts ◽  
Real Property ◽  
Difficult Question ◽  
Subsequent Publication ◽  
The Subject ◽  
The Difference ◽  
Assault And Battery ◽  
Special Relevance

In the first part of this article, published in April, the avowed intent was to demarcate and emphasise the difference between the two kindred but separate defences of claim of right and dispute of title. The subsequent publication of the eighth report of the Criminal Law Revision Committee on Theft has shown that the defence of claim of right is to be left untouched by the sweeping proposals contained in the report, and that consequently the subject of this article will not become a mere academic exercise, but will remain a matter of practical importance even if the recommendations are adopted.The earlier part of this article was primarily devoted to an attempt to isolate the meaning of title, the type of dispute that will lead to the exclusion of the jurisdiction of justices. It was noted that this procedural defence of dispute of title springs from a rule of statutory interpretation that it is always open to the legislature to exclude or modify. Passing reference has already been made to two famous modifications of the defence, in statutes providing for summary trial of assault and battery and malicious damage respectively. These enactments will now be examined in detail. Their special relevance for the object of this article is that the two cases on assault and battery show in the first place that, leaving aside the difficult question whether dispute of title should be extended to disputes as to title to personalty, even within the acknowledged prohibited sphere of disputes as to title to real property, criminal courts can be singularly slow to appreciate that a title to real property of an incorporeal kind is at stake.

scholarly journals Social and legal nature of bullying

2021 ◽  
Vol 10 (37) ◽  
pp. 78-85
Author(s):  
Volodymyr Shablystyi ◽  
Svitlana Obrusna ◽  
Yuriy Levchenko ◽  
Vitaliy Gluhoverya ◽  
Viktoriia Rufanova
Keyword(s):  
Research Methodology ◽  
Practical Implication ◽  
Structural Method ◽  
Clustering Method ◽  
Historical Method ◽  
Legal Method ◽  
Legal Nature ◽  
The Subject ◽  
The Difference ◽  
Definition Of

The aim of the article is to analyze the concepts of bullying and mobbing, to determine their social and legal nature, to formulate our own definition of these terms. The subject of the study is an analysis of the concepts of bullying and mobbing. The research methodology includes the following methods: system and structural method, formal and dogmatic method, historical method, clustering method, comparative and legal method, legal modeling method and others. The results of the study. The definition of bullying is comprehensively studied, its types are singled out, the phases of its development are determined. Practical implication. The difference between bullying and mobbing, as well as between bullying and conflict, is studied. Value / originality. Based on the research conducted the authors’ concepts of bulling and mobbing are proposed.

scholarly journals THE ESSENCE AND METHODS OF COERCION IN THE CATEGORIES OF PHYSICS (CRIMINAL-LEGAL ISSUES)

2018 ◽  
Vol 2 (2) ◽  
pp. 10-13
Author(s):  
Mikhail Semenovich Greenberg
Keyword(s):  
Theoretical Analysis ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Issues ◽  
Legal Analysis ◽  
The Status ◽  
Scope Of Application ◽  
The Subject ◽  
The Difference ◽  
The Impact

The Subject. The article is devoted to impact of coercion to the difference of legal statuses between law-obedient individuals and abusers.The purpose of the article is to identify the difference between the impact of coercion on law-obedient citizens and abusers.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of social modeling.Results, scope of application. It is proved that a certain difference (in the categories of phys-ics) should exist between the legal status of law-obedient individuals and abusers there is a certain difference. Where there is no such difference, there is no place for coercion.Conclusions. The author comes to the conclusion that the essence of any punishment is the deprivation of certain benefits, which means the difference between the status of a person who did not conflict with the criminal law and those who entered into such a conflict. The magnitude of the difference depends on the severity of the crime.

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