scholarly journals Counteraction to Corruption Offenses in Penitentiary System (in Memory of Doctor of Law, Professor Nikolay Shchedrin)

2020 ◽  
pp. 1644-1651
Author(s):  
Natalia S. Maloletkina ◽  
Andrey P. Skiba ◽  
Alexey V. Rodionov
Keyword(s):  
Functional Analysis ◽  
Law Enforcement ◽  
Graduate Students ◽  
Research Methods ◽  
Logical System ◽  
Information Base ◽  
The Subject ◽  
Definition Of ◽  
Structural Methods ◽  
Official Data

The subject of the research is the processes of combating corruption in the penitentiary system of Russia. The purpose of the research is to analyze the legal prerequisites for the emergence of corruption manifestations in the penitentiary system and search for promising areas of legislation improvement in this area. The work is based on the complex application of a number of general and special research methods (structural and functional analysis, comparative-legal, formal-logical, system-structural methods). Domestic and foreign regulations, official data of the Federal Penitentiary Service of Russia, the results of the Russian and foreign scholars’ research serve the information base of the research. The main result of the research is in substantiation of the essential conclusions about the need for a clearer definition of the penitentiary system officials’ powers in order to reduce the risks of committing acts with the signs of corruption. The most significant, regarding the risks of corruption manifestations, spheres of penitentiary system employees’ activity are defined. The directions of law enforcement practice improvement in the sphere under the research are substantiated. The materials of the research can be useful for both scientists-penitentiaries, practitioners and for students, undergraduates and graduate students of the relevant areas of training and specialties in the course of mastering special disciplines

scholarly journals CONTRADICTIONS BETWEEN SCIENTIFIC TERMINOLOGY AND THE TERMINOLOGY OF THE LEGISLATION ON THE DEFINITION OF SUBJECTS AND PARTICIPANTS IN THE ADMINISTRATIVE PROCESS

2019 ◽  
pp. 70-73
Author(s):  
I. L. Zheltobriukh
Keyword(s):  
Law Enforcement ◽  
Administrative Law ◽  
Public Law ◽  
Administrative Process ◽  
Scientific Terminology ◽  
Procedural Law ◽  
The Subject ◽  
State Of Affairs ◽  
Definition Of ◽  
Enforcement Activity

This paper explores the existing contradictions between the scientific terminology and the terminology of legislation regarding the definition of subjects and participants in the administrative process. It is noted that acquaintance with the scientific and educational- methodological literature shows that even today there is no clear justification of the relation between the terms “subject of administrative process” and “participant of administrative process”. The main reason for this state of affairs is due to differences in the laws of development of national administrative procedural legislation and the laws of development of science of administrative procedural law. It is concluded that there is a long-standing need to offer the scientific community and practitioners such a concept of relation between the terms “subject of administrative process” and “participant in administrative process”, which would reconcile the contradictions of the otological and epistemological terminology used in the CAS. The necessity to use in the science of administrative law and process justifies the concept according to which the administrative process should be considered as law enforcement activity of administrative courts related to the consideration and resolution of public law disputes. In such a case, the administrative court will always be the subject of the administrative court, whereas the parties, third parties, representatives, assistant judge, court secretary, court administrator, witness, expert, law expert, translator, specialist are only participants in the administrative process that is, persons involved in the enforcement of administrative law.

scholarly journals ADMINISTRATIVE LAW MECHANISM FOR THE IMPLEMENTATION OF PRIVATE INTERESTS

2020 ◽  
Vol 1 (37) ◽  
pp. 57
Author(s):  
L. Konduforova
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Administrative Law ◽  
Legal Norms ◽  
Private Interests ◽  
The Subject ◽  
Definition Of ◽  
Legal Mechanism ◽  
Structural Methods

The subject of the article is the determination of the essence of the administrative-legal mechanism for the implementation of private interests. The purpose of the article is to formulate the concept of this mechanism and to determine its elements. This goal led to the use of formal-dogmatic and system-structural methods with which the author determines the structure of the administrative-legal mechanism for the implementation of private interests. The author offers his own definition of administrative and legal mechanism for the implementation of private interests. The results of the study can be used in legislative work in the field of protecting the rights and freedoms of participants in public relations, as well as in law enforcement.Key words: administrative-legal mechanism, administrative-legal relations, administrative-legal norms, private interests, public administration, administrative-legal means.

scholarly journals Reconstruction as a method of crime investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 113-119
Author(s):  
Andrii Hryhorenko ◽  
Oleh Musiienko ◽  
Viktoriia Boiko-Dzhumelia ◽  
Andrii Sakovskyi ◽  
Anna Myrovska
Keyword(s):  
Research Methodology ◽  
Independent Method ◽  
Special Method ◽  
Logical System ◽  
Scientific Methods ◽  
Scientific Cognition ◽  
Crime Investigation ◽  
General Scientific ◽  
The Subject ◽  
Structural Methods

The purpose of the article is to analyze the method of reconstruction as one of the general scientific methods of criminology used in the investigation of crimes. The subject of research is the method of reconstruction in forensic science. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical and legal, formal and logical, comparative and legal, logical, system and structural methods, method of generalization. Research results. General scientific methods of criminology and their significance for crime investigation are considered. Reconstruction as a type of modeling method and its place in the system of forensic methods is defined. The signs of reconstruction and its features distinguishing from modeling are analyzed. The variants of reconstruction and their features are given. Practical meaning. The concept of reconstruction as an independent method of crime investigation and its implementation in the system of investigative (search) actions are proposed. Value / originality. Emphasis is placed on the need for further study of reconstruction as a special method of investigating crimes.

scholarly journals On typology of the new economy

E-Management ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 60-77 ◽  
Author(s):  
P. I. Ogorodnikov ◽  
A. B. Tasmaganbetov ◽  
A. P. Tyapukhin
Keyword(s):  
Research Methods ◽  
New Economy ◽  
Correct Choice ◽  
Scientific Contribution ◽  
Different Types ◽  
The Subject ◽  
Structural Methods ◽  
Base Application ◽  
Adequate Research

Currently, a significant number of definitions of terms of different types of economy, including the term «new economy», has been developed, and the content of these definitions is often duplicated or not specific. Vertical and horizontal interrelations of these terms are not often expressed clearly, which reduces the quality of scientific researches in the field of economics and management. The subject of the study is the typology of the term “new economy” and related terms. The purpose of the study is clarification and addition of the typology of the term “new economy” and related terms, as well as to develop their adequate definitions. The hypothesis of the study is based on the fact, that the definitions of the studied terms include duplicate components and classification features or do not contain the necessary components and classification features. Therefore, these definitions can be refined and supplemented on the basis of terminological analysis. Logical-structural methods have been chosen as research methods: terminological analysis, grouping, typology and classification. The major components and classification features of definitions of different types of the economics have been revealed and grouped in the article. Classification features and their combinations have been substantiated. Options for the classifications of different types of economics have been developed and their structure has been justified. The basic and refined definitions of different types of economics have been proposed. The scientific contribution has been provided by the correct choice and use of the empirical base, application of adequate research methods, the substantiation of the author’s typology of terms of different types of economics, allowing to obtain their unambiguous definitions.The results of the study allow to adjust a number of provisions of the economics theory, ensuring the improvement of its terminological apparatus and structure.

scholarly journals THEORETICAL BASES OF EXPERT PREVENTION: CONCEPT AND TASKS

2019 ◽  
Vol 20 (2) ◽  
pp. 151-162
Author(s):  
N. Filipenko ◽  
O. Uhrovetskyi ◽  
O. Sharapova
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Agencies ◽  
Important Place ◽  
Forensic Institutions ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Conceptual Foundations ◽  
The Relationship

The article analyzes conceptual foundations, views and ideas concerning the essence of expert prevention. The relationship between the concepts of «prevention» and «prevention», which is in contact with each other, is investigated, because one of the main problems of the criminal investigation of the phenomenon of expert prevention is the ambiguity of both scientific understanding and the practical application of the corresponding conceptual-categorical apparatus. It is emphasized that the essence of expert prevention is the influence of the relevant subjects on crime through the use of special professional knowledge. That is, to the subject of forensic examination, should include studies of circumstances on the basis of which can be and should be developed scientific, organizational and technical measures of preventive nature. Proven that among the tasks of preventive nature, which can be solved by the staff of judicial-expert institutions, the development of aimed at forecasting in criminalistic aspects of circumstances contributing to the commission of crimes, taking into account the possibilities of certain types of expert research, should occupy an important place. It is proved that the preventive activities of forensic institutions of Ukraine should be carried out: in the production of examinations in specific criminal, administrative or civil cases; by summarizing expert, as well as forensic investigative practices; in the process of research on expert prevention; by providing on the basis of special knowledge of scientific and practical assistance to government agencies and public organizations in identifying circumstances conducive to the commission of crimes. In order to improve the quality of expert-preventive activities, the staff of the forensic institutions of Ukraine should pay maximum attention to the promotion of preventive activities among representatives of law enforcement and law enforcement agencies. On the basis of the analysis, the author’s definition of expert prevention is given: the activity of a forensic expert based on the laws and by-laws of normative legal acts, aimed at revealing the circumstances contributing to the commission of a crime, and the development of measures for their elimination with the use of special knowledge.

scholarly journals IMPROVING STUDENTS UNDERSTANDING OF THE THESIS FLOW BY USING THESIS MAP TECHNIQUES

2021 ◽  
Vol 9 (07) ◽  
pp. 1003-1007
Author(s):  
Salmy Edawati Yaacob
Keyword(s):  
Graduate Students ◽  
Research Methods ◽  
Action Observation ◽  
Quality Research ◽  
Research Results ◽  
Effectiveness Analysis ◽  
Graduate Research ◽  
The Subject ◽  
Comparison Of The Results ◽  
Thesis Writing

An understanding of the flow of thesis writing is very important to ensure good and quality research results. This situation always waves graduate students so that many lose during the presentation of the proposal (defense proposal) or during the oral examination (viva). The Thesis Map technique is an innovation in the teaching of research methods that uses the arrangement of thesis flow in a visual box. Thus, the objective of this study is to analyze the improvement of students understanding of the mastery of thesis writing flow (thesis flow) by using the Thesis Map technique. The action research design was used to look at changes in student achievement in mastering the flow of thesis writing. A total of 4 PhD students from the subject of Research Methods (PPPY6283) were involved in this study. Students are taught the Thesis Map technique for 1 semester from April to July 2021. Effectiveness analysis is evaluated using three instruments namely Test-Before Action and Test-After Action, observation and presentation of research proposals. Findings show that there is an increase in students understanding of the flow of thesis writing through the comparison of the results of the Pre-Action Test and Post-Action Test. Findings from the observation also found that students showed interest, enthusiasm and mastery of the subjects taught. The effectiveness of this technique is also evidenced by the acquisition of excellent proposal presenter marks between 36-39 out of a total of 40 marks. Therefore, the Thesis Map technique approach is an effective alternative medium for the subject of Research Methods. The implication is that UKM will be more distinguished with quality and impactful graduate research results.

DISCUSSION QUESTIONS ON THE DEFINITION OF THE SUBJECT OF CIVIL PROCEDURAL LAW

2017 ◽  
Author(s):  
Оlena Shtefan ◽  
Keyword(s):  
Law Enforcement ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Judicial Reform ◽  
Procedural Law ◽  
History Of ◽  
The Subject ◽  
Definition Of ◽  
The Relationship

The subject of this article was one of the fundamental and debatable provisions of the doctrine of civil procedural law - its subject. The author on the basis of the analysis of scientific sources, the legislation carried out the retrospective analysis of formation and development of scientific thought concerning definition of a subject of civil procedural law. The paper identifies two main approaches to understanding the subject of the industry and elements of its structure. Analyzing the "narrow" approach to defining the subject of civil procedural law and certain areas of its coverage in the works of scholars, the author substantiates the position on the relationship between procedural activities and social relations that arise between the court and the parties. Particular attention is paid to the history of inclusion in the subject of civil procedural law enforcement proceedings. The author's position on the subject and system of civil procedural law is substantiated. The essence of the "broad" approach to the definition of the subject of the industry by including in its structure of non-jurisdictional forms of legal protection is revealed. The essence of two opposite tendencies in scientific researches concerning structure of a subject of civil procedural law is revealed: the first tendency is reduced to expansion of a subject at the expense of inclusion in it of economic procedural law, at ignoring independent character of this branch of law; the second - the narrowing of the subject of civil procedural law by removing from its structure of enforcement proceedings, the relations arising in the consideration of labor cases. The connection between the definition of the subject of civil procedural law and the jurisdiction of the court defined in the legislation is substantiated. It is proved that the tendency to narrow the subject of civil procedural law was embodied in the legislation of the country as a result of judicial reform in 2016, which led to conflicts in legislation and problems in law enforcement. Based on the theoretical model of determining the subject of legal regulation and using the analogy of determining its structure, the elements of the structure of the subject of civil procedural law are distinguished and its definition is formulated.

Preliminary agreement in the purchase and sale’s obligations of real estate

2020 ◽  
pp. 197-205
Author(s):  
Tatyana Bogdanova ◽  
Elena Selezneva
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Opposite Case ◽  
Condi Tions ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Joint Property ◽  
Property Regime

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.

scholarly journals Evaluation of forensic computer and technical expertise in criminal proceedings

2021 ◽  
Vol 10 (38) ◽  
pp. 204-211
Author(s):  
Mykhailo Klymchuk ◽  
Sergii Marko ◽  
Yevhen Priakhin ◽  
Bohdana Stetsyk ◽  
Andrii Khytra
Keyword(s):  
System Analysis ◽  
Evidence Base ◽  
Technical Expertise ◽  
Criminal Proceedings ◽  
Expert Report ◽  
Modeling And Forecasting ◽  
Special Knowledge ◽  
The Subject ◽  
Definition Of ◽  
Structural Methods

The purpose of the article is to clarify the place and role of the expert report based on the results of forensic computer and technical expertise as a source of evidence in criminal proceedings. The subject of the study: The subject of research is forensic computer and technical expertise as a source of evidence in criminal proceedings. Methodology: The method of system analysis, formal and logical, system and structural methods, the methods of modeling and forecasting were used in the course of the research were used in the course of the study. The results of the study: According to the results of the study, the authors conclude that forensic computer and technical expertise is the main procedural form of using special knowledge in the area of computer technology, and its results may be the most important part of the evidence base in the specific criminal proceedings. Practical consequences: It is concluded that the use of the expert report based on the results of forensic computer and technical expertise in criminal proceedings is its application by the subjects of evidence during the qualification of criminal offense to establish facts and circumstances relevant to criminal proceedings and subject to proof, as well as to resolve other tactical tasks. Value / originality: The authors’ definition of assessing expert report based on the results of forensic computer and technical expertise is offered.

scholarly journals Law enforcement policy: notion, content, purpose.

2017 ◽  
Vol 1 (3) ◽  
pp. 5-14
Author(s):  
Alexander Malko ◽  
Victor Rudkovsky
Keyword(s):  
Law Enforcement ◽  
Legal Regime ◽  
Basic Principles ◽  
Enforcement Policy ◽  
General Law ◽  
The Subject ◽  
Definition Of ◽  
Legal Subjects ◽  
Law Enforcement Management ◽  
Working Out

The subject of research is law enforcement policy as an integral part and form of the realizationof complex system phenomenon of legal policy.The purpose. The study of optimization of law enforcement policy as a vital task of legalscience and practice.The results and scope of it’s application. Law enforcement policy creates the strategy andtactics of law enforcement and significantly defines its social efficiency.The content of law enforcement policy is diverse. It comprises such questions as: definitionof main state priorities in the sphere of law realization; working out major goals and principlesof law enforcement activity; coordination and general law enforcement management;stimulation of scientific and other activities aimed at the improvement of forms and methodsof individual powerful actions; definition of scientifically proved criteria of its efficiency;provision of the legal regime in the country, the regime of exact abidance of the constitutionand other laws by all legal subjects; creation of necessary political and organizational guaranteesof realization of laws and personal freedom; working out basic principles of cooperationbetween state, society and person in sphere of law realization; development of legalcommunications, provision of transparency, availability of the information concerning thechanges made in law realization sphere, their goals, achieved results etc.Conclusions. Law enforcement policy is the field of interdisciplinary investigations. That iswhy both law theorists and representatives of specific juridical sciences should study it. Theenforcement policy is an important factor for the optimization of law enforcement and thepractice of realization of law in general.

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