The Mechanism for Imposing Punishment as a Tool for Implementing the Principle of Justice

2020 ◽  
pp. 32-37
Author(s):  
Vadim D. Filimonov ◽  
Keyword(s):  
Public Relations ◽  
Personality Traits ◽  
Antisocial Behavior ◽  
Criminal Law ◽  
Criminal Behavior ◽  
The State ◽  
Social Phenomenon ◽  
The Public ◽  
The Social ◽  
Principle Of Justice

The article examines justice as a principle of law and as criminal principle of justice as a principle of compensated justice. The measure of justice in punishment is mainly the correspondence of the punishment to the public danger of the committed crime, i.e. a certain equality of harm caused by criminals to other persons, society or the state, and the severity of the punishment imposed on them. The author argues that a court that follows the principle of justice in imposing punishments has to establish two types of genetic correspondence. The first type is the correspondence of the criminal behavior, circumstances of the crime and the culprit’s personality to the public danger of the criminal’s personality as a criminological basis for imposing punishment. This correspondence employs the genesis of criminal behavior to substantiate the imposed punishment. The rejection of this correspondence could lead to a misconception about the nature and degree of social danger of the perpetrator’s personality as well as an unreasonable type and amount of punishment for the committed crime. The second type consists in the compliance of the type and amount of punishment with the grounds for its imposition ˗the social need to oppose antisocial behavior and personality traits of the guilty person with such a punishment that meets the interests of law-abiding citizens, society, and the state, that is, a social phenomenon that embodies the genesis of criminal law regulation of public relations. The author claims that that it is necessary to identify not only the above-mentioned types of genetic and other correspondences in the mechanism of imposing a punishment, but also take into account the correspondence in terms of proportionality, especially when it comes to the compliance of the punishment with the gravity of the crime committed. Having analyzed all types of correspondences in the mechanism of punishment imposition, the author concludes that since the indicated types of orrespondences in the system of punishment imposition determine the activity of the court, insofar they act as its regulators. The ability to regulate the activities of the court turns their entire set into an instrument for introducing the principle of justice into punishment. Therefore, the mechanism for imposing punishment manifests itself in the process of regulating criminal law relations as a legal instrument for implementing the principle of justice in punishment.

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

The Specific Features of Public Relations Maintained by Libraries, Acting as Cultural Institutions

2020 ◽  
Vol 4 (1) ◽  
pp. 145-152
Author(s):  
Radosław Molenda
Keyword(s):  
Social Media ◽  
Public Relations ◽  
Social Environment ◽  
Review Article ◽  
Cultural Institutions ◽  
Negative Stereotypes ◽  
The Public ◽  
The Social ◽  
Public Consciousness ◽  
Significant Question

Showing the specificity of the work of the contemporary library, and the variety of its tasks, which go far beyond the lending of books. The specificity of the library’s public relations concerning different aspects of its activity. The internal and external functions of the library’s public relations and their specificity. The significant question of motivating the social environment to use the offer of libraries, and simulta-neously the need to change the negative perception of the library, which discourages part of its poten-tial users from taking advantage of its services. The negative stereotypes of librarians’ work perpetuated in the public consciousness and their harmful character. The need to change the public relations of libra-ries and librarians with a view to improving the realization of the tasks they face. Showing the public relations tools which may serve to change the image of librarians and libraries with particular emphasis on social media. This article is a review article, highlighting selected research on the librarian’s stereo-type and suggesting actions that change the image of librarians and libraries.

scholarly journals A Panel Evaluation of the Changes in the General Public’s Social-Media-Following of United States’ Public Health Departments during COVID-19 Pandemic

2021 ◽  
Vol 12 ◽  
pp. 215013272199545
Author(s):  
Areej Khokhar ◽  
Aaron Spaulding ◽  
Zuhair Niazi ◽  
Sikander Ailawadhi ◽  
Rami Manochakian ◽  
...  
Keyword(s):  
Public Health ◽  
Social Media ◽  
State Level ◽  
The State ◽  
Public Health Department ◽  
Health Departments ◽  
The Public ◽  
Public Health Departments ◽  
The Social ◽  
The U.S

Importance: Social media is widely used by various segments of society. Its role as a tool of communication by the Public Health Departments in the U.S. remains unknown. Objective: To determine the impact of the COVID-19 pandemic on social media following of the Public Health Departments of the 50 States of the U.S. Design, Setting, and Participants: Data were collected by visiting the Public Health Department web page for each social media platform. State-level demographics were collected from the U.S. Census Bureau. The Center for Disease Control and Prevention was utilized to collect information regarding the Governance of each State’s Public Health Department. Health rankings were collected from “America’s Health Rankings” 2019 Annual report from the United Health Foundation. The U.S. News and World Report Education Rankings were utilized to provide information regarding the public education of each State. Exposure: Data were pulled on 3 separate dates: first on March 5th (baseline and pre-national emergency declaration (NED) for COVID-19), March 18th (week following NED), and March 25th (2 weeks after NED). In addition, a variable identifying the total change across platforms was also created. All data were collected at the State level. Main Outcome: Overall, the social media following of the state Public Health Departments was very low. There was a significant increase in the public interest in following the Public Health Departments during the early phase of the COVID-19 pandemic. Results: With the declaration of National Emergency, there was a 150% increase in overall public following of the State Public Health Departments in the U.S. The increase was most noted in the Midwest and South regions of the U.S. The overall following in the pandemic “hotspots,” such as New York, California, and Florida, was significantly lower. Interesting correlations were noted between various demographic variables, health, and education ranking of the States and the social media following of their Health Departments. Conclusion and Relevance: Social media following of Public Health Departments across all States of the U.S. was very low. Though, the social media following significantly increased during the early course of the COVID-19 pandemic, but it still remains low. Significant opportunity exists for Public Health Departments to improve social media use to engage the public better.

scholarly journals Quantification and classification in education: What is at stake?

2021 ◽  
pp. 147821032110320
Author(s):  
Ann Christin Eklund Nilsen ◽  
Ove Skarpenes
Keyword(s):  
Sociology Of Knowledge ◽  
Central Place ◽  
Social Phenomenon ◽  
Ian Hacking ◽  
The Public ◽  
Statistical Knowledge ◽  
The Social ◽  
State Bureaucracy ◽  
The Public Sphere ◽  
Different Levels

Histories of statistics and quantification have demonstrated that systems of statistical knowledge participate in the construction of the objects that are measured. However, the pace, purpose, and scope of quantification in state bureaucracy have expanded greatly over the past decades, fuelled by (neoliberal) societal trends that have given the social phenomenon of quantification a central place in political discussions and in the public sphere. This is particularly the case in the field of education. In this article, we ask what is at stake in state bureaucracy, professional practice, and individual pupils as quantification increasingly permeates the education field. We call for a theoretical renewal in order to understand quantification as a social phenomenon in education. We propose a sociology-of-knowledge approach to the phenomenon, drawing on different theoretical traditions in the sociology of knowledge in France (Alain Desrosières and Laurent Thévenot), England (Barry Barnes and Donald MacKenzie), and Canada (Ian Hacking), and argue that the ongoing quantification practice at different levels of the education system can be understood as cultural processes of self-fulfilling prophecies.

Reflections on the existence of the science of criminal law

2021 ◽  
pp. 156-161
Author(s):  
I. Mytrofanov
Keyword(s):  
Social Justice ◽  
Public Relations ◽  
Criminal Law ◽  
The State ◽  
Crime And Punishment ◽  
Self Defense ◽  
Illegal Acts ◽  
The Subject ◽  
The Individual ◽  
The Right

The article states that today the issues of the role (purpose) of criminal law, the structure of criminal law knowledge remain debatable. And at this time, questions arise: whose interests are protected by criminal law, is it able to ensure social justice, including the proportionality of the responsibility of the individual and the state for criminally illegal actions? The purpose of the article is to comprehend the problems of criminal law knowledge about the phenomena that shape the purpose of criminal law as a fair regulator of public relations, aimed primarily at restoring social justice for the victim, suspect (accused), society and the state, the proportionality of punishment and states for criminally illegal acts. The concepts of “crime” and “punishment” are discussed in science. As a result, there is no increase in knowledge, but an increase in its volume due to new definitions of existing criminal law phenomena. It is stated that the science of criminal law has not been able to explain the need for the concept of criminal law, as the role and name of this area is leveled to the framework terminology, which currently contains the categories of crime and punishment. Sometimes it is not even unreasonable to think that criminal law as an independent and meaningful concept does not exist or has not yet appeared. There was a custom to characterize this right as something derived from the main and most important branches of law, the criminal law of the rules of subsidiary and ancillary nature. Scholars do not consider criminal law, for example, as the right to self-defense. Although the right to self-defense is paramount and must first be guaranteed to a person who is almost always left alone with the offender, it is the least represented in law, developed in practice and available to criminal law subjects. Today, for example, there are no clear rules for the necessary protection of property rights or human freedoms. It is concluded that the science of criminal law should develop knowledge that will reveal not only the content of the subject of this branch of law, but will focus it on new properties to determine the illegality of acts and their consequences, exclude the possibility of using its means by legal entities against each other.

scholarly journals El orden público bajo la amenaza de la criminalidad organizada

2013 ◽  
Author(s):  
Julián López Muñoz
Keyword(s):  
United Nations ◽  
Criminal Law ◽  
Organized Crime ◽  
Criminal Organization ◽  
The State ◽  
Public Order ◽  
The Public ◽  
The United Nations ◽  
Derecho Penal ◽  
Legal Right

Existe la necesidad de crear un concepto o definir, en términos jurídicos, el significado de crimen organizado, en sentido global. A pesar de que Naciones Unidas lo ha intentado, no todos sus países miembros han seguido el mandato. España ha incluido en su Derecho Penal un nuevo tipo delictivo: la organización y el grupo criminal. El orden público, como bien jurídico superior, se verá con esta medida protegido y también el Estado se verá defendido de la acción desestabilizadora procedente de la «gran criminalidad».There is a need to create a concept or define globally, in legal terms, the meaning of the organized crime. Despite the United Nations have attempted it, not all the Member Countries have followed their mandate. Spain has included in its Criminal Law a new category of offence: the criminal organization and group. The public order, as a superior legal right, will be protected by this measure and also, the State will be defended against the destabilizing action from the «great criminality».

scholarly journals Inayatullah, Rubina Saigol, and Pervez Tahir (eds). Social Sciences in Pakistan: A Profile. Islamabad: Council of Social Sciences, 2005. 512 pages. Hardbound. Rs 500.00.

2004 ◽  
Vol 43 (1) ◽  
pp. 95-98 ◽  
Author(s):  
Faiz Bilquees
Keyword(s):  
Social Sciences ◽  
Mass Communication ◽  
Public Universities ◽  
The State ◽  
Educational Discourse ◽  
The Public ◽  
The Social ◽  
Peace And Conflict ◽  
Peace And Conflict Resolution ◽  
And Linguistics

Commissioned by the Council of Social Sciences (COSS), this volume evaluates the seventeen social sciences departments in the public universities in Pakistan for a given set of parameters. The social sciences departments or the topics covered in this volume and their respective authors include: Teaching of International Relations in Pakistani Universities (Rasul Bakhsh Rais); Development of the Discipline of Political Science in Pakistan (Inayatullah); The Development of Strategic Studies in Pakistan (Ayesha Siddiqa); The State of Educational Discourse in Pakistan (Rubina Saigol); Development of Philosophy as a Discipline (Mohammad Ashraf Adeel); The State of the Discipline of Psychology in Public Universities in Pakistan: A Review (Muhammad Pervez and Kamran Ahmad); Development of Economics as a Discipline in Pakistan (Karamat Ali); Sociology in Pakistan: A Review of Progress (Muhammad Hafeez); Anthropology in Pakistan: The State of [sic] Discipline (Nadeem Omar Tarar); Development of the Discipline of History in Pakistan (Mubarak Ali); The Discipline of Public Administration in Pakistan (Zafar Iqbal Jadoon and Nasira Jabeen); Journalism and Mass Communication (Mehdi Hasan); Area Studies in Pakistan: An Assessment (Muhammad Islam); Pakistan Studies: A Subject of the State, and the State of the Subject (Syed Jaffar Ahmed); The State of the Discipline of Women’s Studies in Pakistan (Rubina Saigol); Peace and Conflict Resolution Studies (Moonis Ahmar and Farhan H. Siddiqi); and Linguistics in Pakistan: A Survey of the Contemporary Situation (Tariq Rahman).

scholarly journals Social Conditionality of Establishing Criminal Responsibility and Punishment for Military Personnel

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 97-109
Author(s):  
V. P. Bodaevskiy
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Military Personnel ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Legal Regulation ◽  
Military Law ◽  
Definition Of ◽  
The Individual

Many publications are devoted to the identification of social conditionality of criminal regulations. However, the science of criminal law does not have any comprehensive research on the social conditionality of establishing criminal responsibility and punishment for military personnel. In this regard, its essence, features and criteria for identification remain practically unknown. The paper reveals the problematic aspects of the concept and meaning of social conditionality of establishing criminal responsibility and punishment for military personnel; the author’s definition is given. Based on the widespread opinion in the theory of criminal law that the mechanism for identifying this social condition consists of criteria that are studied by the legislator at the appropriate stages of the processes of criminalization (decriminalization) and penalization (depenalization) of military socially dangerous acts, the author analyses them in detail. The problem of ways of legal regulation of criminal responsibility and punishment of military personnel is touched upon. It is stated that the peculiarity of the definition of this social conditionality is the resolution by the legislator, among other dilemmas, of the question of the need for normative fixing of a special military or ordinary prohibition and (or) fixing of the corresponding special military regulationsin the general part of the Criminal Law.The author concludes that the identification of social conditionality of the criminal-normative prescription on responsibility and punishment of military personnel is one of the important tasks of modern science of criminal law, which necessitates the development of a unified approach to the structure and content of this process. The establishment of the theoretical and legal essence of this conditionality should be considered as the most important step in this direction. The author offers the following definition. It is the compliance of criminal regulations that establish responsibility and punishment for criminal behavior of military personnel, resulting from the demand of society in the objective need for criminal law protection of military law and order and other public relations that are most important for the individual, society and the state.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

scholarly journals Procedural features of consideration of social cases in the administrative court of first instance

2020 ◽  
pp. 49-59
Author(s):  
Vasyl Ilkov
Keyword(s):  
Key Words ◽  
Social Function ◽  
The State ◽  
Public Authorities ◽  
The Public ◽  
The Social ◽  
High Figure ◽  
Administrative Courts ◽  
Administrative Code ◽  
Court Of First Instance

The article is devoted to procedural features and evidence during the consideration of social cases. The share of administrative lawsuits received by district administrative courts in social cases is more than 30%, which is a high figure among cases falling under the jurisdiction of administrative courts. A person goes to court when his right has already been violated by the state authorities. The administrative courts ensure the implementation of the social function of the state. Allegations that administrative courts serve public authorities are unfounded. Evidence of the court is provided by the parties to the case. The court can only invite the parties to provide evidence and collect evidence on their own initiative. The principle remains fundamental, in cases of illegality of decisions, actions or omissions of the public authorities, the burden of proving the legality of its decision, action or omission rests with the defendant. There is a problem of the possibility of considering social disputes under the rules of summary proceedings with the summons of the parties to the case in the event that there is a need to obtain an explanation from the parties or to examine witnesses. There is a need for legislative regulation of the possibility for the court to consider social disputes in the manner prescribed by the provisions of Article 262 of the Administrative Code of Judgment of Ukraine, after the opening of proceedings in the manner prescribed by the provisions of Article 263 of the Administrative Code of Judgment of Ukraine. It is important to ensure the possibility to continue the consideration of the case in the simplified claim procedure, with the summoning of the parties to the court session, after the opening of the simplified proceedings without summoning the parties. Key words: social disputes, district administrative court, evidence, proving, general claim proceedings, simplified proceedings.

Sign in / Sign up

Export Citation Format

Share Document