ANALYSIS OF SELECTED BIOGRAPHICAL FACTS ABOUT THE PERSONALITY OF A PERSON WHO ABUSES HIS OR HER POWER IN THE CONTEXT OF A FORENSIC STUDY OF PERSONALITY

2021 ◽  
pp. 119-127
Author(s):  
Vladimir L. Yuan ◽  
Keyword(s):  
Criminal Code ◽  
Expert Assessment ◽  
Final Conclusion ◽  
Sources Of Information ◽  
Scientific Methods ◽  
Abuse Of Power ◽  
Initial Stage ◽  
Public Sector Employees ◽  
General Scientific ◽  
Biographical Analysis

The article reveals a set of problems related to the forensic investigation of personality when using the method of biographical analysis. The range of problems involves methodo-logical, statistical, forensic, and psychological aspects. The subject of the research was a complex of biographical facts, bearing a possibility of interpretation of personal properties of their bearer. Regularities were revealed in relation to a personality of the person abusing his office. The study used the following general scientific methods: analysis, synthesis, system-structural. The following specific scientific methods were used in the study: modelling, statis-tical analysis, comparative-historical, expert assessment. The analysis was carried out by recording data on the defendants' employment activities related to the commission of the offence for which Article 285 of the Criminal Code of the Russian Federation establishes liability. Among the persons examined, military personnel made up the smallest percentage of defendants, while among public sector employees almost half were employed in the education sector. The article reached a number of conclusions as follows. The development of a criminalistic characteristic of the personality of a person who abuses his powers from the perspective of biographical analysis, it is advisable to begin with the identification of groups of biographical facts that have a pronounced correlation with the predisposition to commit crimes of this type. It is not an unconditional predisposition of persons to commit this type of crime if their biography contains, to a large extent, biographical facts that are interrelated with a predisposi-tion to abuse their position in office. It is necessary to speak about the existence of such a relationship, which has the potential to form tendencies, but at the same time, it is not absolute. The final conclusion is that the biographical analysis reveals a number of biographical facts that have a strong correlation with a predisposition to abuse of power. The information obtained will make it possible to know in advance, at the initial stage of the investigation, a number of typical personality traits of the defendant and to have an idea of other sources of information about him. The information obtained will also make it possible, when planning the investigation of the type of crime in question, to rely on the psychological characteristics already known about the personality of the accused, on the basis of which investigative tactics, such as questioning, confrontation, search, etc., can be developed.

scholarly journals Prospects for Using a Typological Approach in the Theory and Practice of Personality Modeling: Forensic and Criminal Procedural Aspects

2020 ◽  
pp. 234-238
Author(s):  
Nikolay T. Vedernikov ◽  
◽  
Vladimir L. Yuan ◽  
Keyword(s):  
Theory And Practice ◽  
Expert Assessment ◽  
Growing Up ◽  
Sources Of Information ◽  
Scientific Methods ◽  
Initial Stage ◽  
The Social ◽  
Psychological Attitude ◽  
Typological Approach ◽  
Biographical Analysis

The article reveals a complex of problems of using the method of biographical analysis in studies of the personality of the accused. The range of problems involves criminal, criminal procedure, tactical and criminalistic aspects. The object of the research was the prospects for using the typological approach in the theory and practice of forensic modeling of personality. The study is based on the following general scientific methods: analysis, synthesis, system-structural. The study also employs the following specific scientific methods: biographical analysis, statistical analysis, expert assessment. The following conclusions are made in the article. The accentuated type is determined primarily genetically, the accused acquires it from birth. The type determines the form of adaptation in the environment and in society. The biological parameters of the personality of the accused are closely related to the character accentuation. The latter best manifests itself at the stage of direct investigative actions, including their repeated conduct, and determines the effectiveness of methods of psychological influence. The stratum the accused belongs to is determined by society: growing up, the accused socializes and gains access to certain social clusters, which in total characterize the stratum and determine the social connections and personal potential of the accused. The social characteristics of the personality of the accused are closely related to the social stratum the accused belongs to. The stratum best manifests itself at the preparatory stages of investigative actions and determines the range of sources of information about the accused. The psychological attitude is due to adaptation in the process of growing up; it is closely related to the mechanisms of mental defense and is a source of motivation for all actions, decisions and choices throughout life. Individual psychological personality traits are closely related to the psychological attitude and mechanisms of mental defense. They best manifest themselves at the initial stage of the investigative action and determine the specifics of establishing psychological contact during the first interrogation. Despite the fact that the division of all biographical information about the personality of the accused is rather conditional and the use of three typologies at the level of the model of the personality of the accused is equally conditional, the use of at least this number of typologies seems reasonable at the initial stage of research at this level.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

scholarly journals The prospects for ecological tourism development in Ukraine

2019 ◽  
Keyword(s):  
Tourism Development ◽  
Qualitative Evaluation ◽  
Legal Regulation ◽  
Resource Base ◽  
Scientific Methods ◽  
Current State ◽  
Initial Stage ◽  
General Scientific ◽  
Evaluation Of Data ◽  
Ecological Tourism

At the present stage of tourism development in the world, the ecological tourism is one of the priority directions of sustainable development of the territories. Ecological tourism in Ukraine is at an initial stage of its expansion, but due to the existing natural and recreational resources of the country, this type of tourism has all the chances to become one of the main types of travel and create all conditions for improving the socio-economic situation of the population. The subject of the research is the prospects for the development of ecological tourism in Ukraine on the basis of the existing resource base. The goal of the paper is to substantiate the state and the prospects of the development of ecological tourism in Ukraine. The objective: to define the essence of the concept of "ecological tourism", to analyze the current state of the development of ecological tourism in Ukraine, to consider the features of regulatory and legal regulation of ecological tourism, to determine the prospects for the development of ecological tourism.In the article general scientific methods are used such as the analysis - for the research of separate components of ecological tourism; synthesis – to combine individual facts; statistical method – for the processing of statistical information and for qualitative evaluation of data; method of induction and deduction – helps to draw conclusions based on existing facts; systematic approach – for a holistic study of the prospects of ecological tourism relative to external factors of influence. The following results were obtained: on the basis of the analysis, the theoretical aspects of the concept “ecological tourism”are investigated, the necessary resources for the development of ecological tourism in the country are identified and the main prospects for the development of ecological tourism of Ukraine are determined. Conclusions: the prospects for the development of ecological tourism reflect the positive effect of ecotourism in Ukraine, which indicates the importance of its organization and development in the domestic tourist market of the country.

scholarly journals Analysis of financial indicators used to assess the sustainability of companies

2020 ◽  
Vol 208 ◽  
pp. 03049
Author(s):  
Temirkhan Mukhambetov ◽  
Farida Yerdavletova ◽  
Karlygash Kurbanova ◽  
Zhanar Mukhametzhanova ◽  
Kamilla Sadvakassova
Keyword(s):  
Comparative Analysis ◽  
Financial Stability ◽  
Analytical Approach ◽  
Expert Assessment ◽  
Financial Indicators ◽  
Large Share ◽  
Scientific Methods ◽  
General Scientific ◽  
The Stability

The authors present a methodology for using financial indicators to assess the value of companies. The article is dedicated to a comprehensive research of EBITDA. As a research objective, the authors identified an attempt to solve the problem of companies’comparability with identical proportions of financial results, the possibility of identifying the most financially stable companies. Based on the analysis of various interpretations, applying of this indicator in different directions is considered. As a component of various coefficients that characterize the company’s financial stability, it’s recommended to use the EBITDA indicator. The behooves and opportunities that open up when using it are revealed. The research shows to the need to apply this indicator, because this coefficient is able to more fully reveal the stability of the company, by increasing the amount of real profit, the amount of which is limited due to the presence of a large share of non-cash expenses in companies. In the process of research, such general scientific methods as monitoring, comparison, description, systematic and analytical approach, comparative analysis, scientific abstraction, expert assessment, analysis of reasons and consequences were used.

scholarly journals Legal analysis of the content of the category «criminal law impact»

2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin
Keyword(s):  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Liability ◽  
Final Conclusion ◽  
Legal Analysis ◽  
Scientific Methods ◽  
The Social ◽  
Legal Nature ◽  
General Scientific ◽  
The Relationship

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.

scholarly journals Problems of criminal liability for illegal amber mining in Ukraine

2021 ◽  
pp. 113-117
Author(s):  
R.O Movchan ◽  
A.A Vozniuk ◽  
D.V Kamensky ◽  
O.O Dudorov ◽  
A.V Andrushko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Main Type ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offense ◽  
Scientific Methods ◽  
Illegal Mining ◽  
General Scientific ◽  
The Subject

Purpose. Critical analysis of the criminal law provision on illegal mining of amber, identification of its shortcomings, development of proposals for their elimination. Methodology. The system of philosophical, general scientific and specific scientific methods and approaches, which have provided objective analysis of the subject under consideration, in particular, the method of systemic and structural analysis, specific sociological, statistical, comparative, formal-logical methods. Findings. Shortcomings of the criminal law provision on illegal mining, sale, acquisition, storage, transfer, shipment, transportation and processing of amber, in particular, unjustified expansion of the criminal law prohibition under consideration, unsuccessful design of the main and qualified components of the criminal offense under review, as well as unjustified sanctions. Originality. The authors have been among the first researchers in the domestic criminal law doctrine to provide a comprehensive critical understanding of the provision dedicated to the regulation of criminal liability for illegal amber mining, which has made it possible to develop scientifically based recommendations for improving domestic criminal law. Practical value. Based on the research results, specific proposals addressed to domestic parliamentarians have been developed, which can be taken into account in the process of further lawmaking in terms of updating relevant provisions of the Criminal Code of Ukraine. It is argued that the improved Art. 240-1 should only cover illegal mining of amber. The main structure of the researched criminal offense is proposed to be designed as material. It has been proven, including through references to specific law enforcement materials, that sanctions of Part1 of Art. 240-1 of the Criminal Code of Ukraine should provide for a fine as the only non-alternative main type of punishment, while referenced to alternative punishments in the form of a fine and imprisonment should be included in Parts 2 and 3.

scholarly journals Some problems of investigating street fraud and the ways to solve them

2018 ◽  
Vol 71 (4) ◽  
pp. 55-59
Author(s):  
K. D. Zaiats
Keyword(s):  
Police Officers ◽  
Educational Process ◽  
Practical Significance ◽  
Limited Information ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Initial Stage ◽  
General Scientific ◽  
The Individual ◽  
High Level

The subjects of the study are the problems that arise at the initial stage of the investigation of street fraud, the study is the individual problems of pre-trial investigation of street fraud and the ways of their solution. The study aims to highlight the most common problems in practice at the initial stage of the investigation of this group of fraud, and presents recommendations for their solution. In the course of time, general scientific methods of cognition were used. The relevance of the research topic is that the main problems of investigators arise at the stage of the decision to open criminal proceedings. Difficulties are related to the fact that the investigator needs to take a key procedural decision based on the analysis of very limited information about the event. In addition, in the context of open criminal proceedings, it is very difficult to form a system of evidence of the existence of a criminal intention in the actions of a fraudsters. Indeed, unlike other crimes, they are reflected not so much in material traces as in acts of intellectual nature: the reporting of false information, the use of fictitious documents, specific attributes, and many others. Gathering evidence of such an order requires an extraordinary level of professionalism. The investigator should not only have a high level of knowledge of the existing criminal and criminal procedural legislation, but also be aware of ways to overcome the main difficulties encountered in criminal proceedings on fraud. The novelty of the results is that the research in this direction was conducted for the first time. The main results of the study are given a number of typical problems of investigation of street fraud, as well as recommendations for their overcoming. The results of the study can be used in the field of the criminal law cycle. The practical significance lies in the possibility of introducing the results of the research into the educational process in the presentation of the discipline “The method of investigation of crimes”, special courses, as well as in raising the skills of practical police officers. As a result of the study, conclusions were drawn in the form of concrete proposals for addressing typical problems arising in the investigation of street fraud.

Potential of the Educational Process: Relationships between Participants as a Factor

2020 ◽  
pp. 6-15
Author(s):  
O. E. Lebedev
Keyword(s):  
Mass Media ◽  
Statistical Data ◽  
Modern Society ◽  
Educational Process ◽  
School Education ◽  
Expert Assessment ◽  
Scientific Methods ◽  
The Status ◽  
General Scientific

The presented study addresses the problems of managing the relationships between the participants of the educational process. The study uses analysis of statistical data, publications in mass media, expert assessment, and general scientific methods (analysis, synthesis, induction, deduction) to identify changes in the status of the participants of the educational process that affect the development of their relationships. It is established that the importance of school education results decreases while the value of education in modern society grows. The quality of school education can be improved through the transition from subject-object relationships between the participants of the educational process to inter-subject relationships.

scholarly journals FEATURES OF CRIMINAL LIABILITY OF A MEDICAL PROFESSIONAL FOR FAILURE TO PERFORM OR IMPROPER PERFORMANCE OF THEIR PROFESSIONAL DUTIES IN UKRAINE

2020 ◽  
Vol 73 (11) ◽  
pp. 2549-2554
Author(s):  
Olha S. Bondarenko ◽  
Oleg М. Reznik ◽  
Mykhailo O. Dumchikov ◽  
Nadiia S. Horobets
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Medical Professional ◽  
Medical Worker ◽  
Scientific Methods ◽  
Special Scientific ◽  
Research Goal ◽  
General Scientific

The aim: Research of features of criminal responsibility of the medical worker for failure to performe or imptoter perfomance of their professional duties in Ukraine. Materials and methods: The article uses general scientific and special scientific methods of cognition, which provided an objective analysis of the research goal. Conclusions: Criminal law, which provides for liability for improper performance of duties by a healthcare professional or pharmacist, must have a perfect design to ensure the rights and interests of both the patient and the medical worker.That is why, the existing construction of article 140 of the Criminal code of Ukraine requires a number of changes and additions.

scholarly journals MEASURES OF CONSTITUTIONAL LEGAL ENFORCEMENT IN THE CONSTITUTIONAL LAW OF BRAZIL

2020 ◽  
Vol 4 (1) ◽  
pp. 29-36
Author(s):  
Irina A. Tretyak
Keyword(s):  
Constitutional Law ◽  
Vice President ◽  
Scientific Methods ◽  
Abuse Of Power ◽  
Legal Enforcement ◽  
Foreign Countries ◽  
History Of ◽  
General Scientific ◽  
The Republic ◽  
Constitutional System

The subject. The article is devoted to different measures of constitutional legal enforce-ment in the constitutional law of Brazil, their analyzing, depending on main goal of coer-cion. The purpose of the paper is to extend constitutional knowledge about measures of consti-tutional legal enforcement and to demonstrate generic character of constitutional legal enforcement theory for different countries. The methodology of the study includes general scientific methods (analysis, synthesis, de-scription) and legal methods. The main results and scope of their application. The author describes different measures of constitutional legal enforcement in the constitutional law of Brazil. Constitutions of foreign countries contain various measures of constitutional coercion as the main way to resolve constitutional conflicts. Among the measures of constitutional and legal coercion enshrined in the Brazilian Con-stitution are: holding the President accountable for abuse of power; temporary termina-tion of the powers of the President of the Republic during the process of bringing him to justice; prohibition of the President and Vice-President of the Republic to leave the terri-tory of the country for a certain period without the approval of the Parliament; recognition by the National Congress of the positions of the President and Vice-President as vacant if they fail to exercise their constitutional powers within 10 days of taking office;holding new elections when the positions of the President and Vice-President are declared vacant if they fail to exercise their constitutional powers within 10 days from the date of taking office. Conclusions. Depending on the constitutional system, the history of the state, measures of constitutional coercion may be different in content, but it remains possible to classify such measures depending on the main purpose of their application. The system of measures of constitutional legal enforcement, including measures of prevention, suppres-sion, restoration, responsibility and security is applicable not only for the Russian constitu-tional law, but also for constitutional law of foreign countries, in particular, Brazil.

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