scholarly journals The Category of Immaturity in a Legal Context

2014 ◽  
Vol 6 (3) ◽  
pp. 41-50 ◽  
Author(s):  
A.A. Fedonkina

We presented psychological and legal approaches to the concept of immaturity, and the definition of the perpetrator. We analyzed the differences of age aspects of the subject of crime in different countries, the criteria for establishing a minimum age of criminal responsibility. We discuss the problem of the possibility of lowering the age of criminal responsibility in the Russian Federation from the point of view of psychological science. We considered the legal category of "mental retardation not associated with mental illness" and its psychological equivalent - "personal immaturity". We describe the main problems arising in the course of the complex judicial, psychological and psychiatric examination for the presence of a mental retardation not associated with mental illness in minor. We presented psychological approaches to the concept of "personal immaturity", described the concept of "mature personality".

2021 ◽  
Vol 885 (1) ◽  
pp. 012024
Author(s):  
N A Ivanishcheva ◽  
A V Sedova

Abstract The variety of geographical studies of a region is as great as the diversity of its “portrait” – characteristics and phenomena associated with it. A region has never been considered in isolation from its synonymous concept “district”. The most common interpretations of ‘region’ in the scientific environment and in the information space, its generally accepted definition remains the subject of scientific research, disputes and discussion. In accordance with the tradition established in recent years, the minimum administrative-territorial area in the territory, called a region, is a constituent entity of the Russian Federation. The article analyses foreign and domestic studies of the definition of a region, clarifies the author’s interpretation, and evaluates the parameters of the territorial taxon. The main problems of common features of the visualization of a region, its attractiveness, socio-economic factors of the vital activity of the population (standard of living, living conditions, quality of life), attitude to their region from the point of view of substantiation of their genesis and subjectivity of parameters are formulated. The article presents the results of a sociological survey conducted within the framework of quantitative-qualitative methodology among the respondents of the Volga Federal District. The analytical assessment of the most mass responses of the survey participants is given, visualized in the form of graphs.


Author(s):  
E. N. Barkhatova

The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.


2021 ◽  
Vol 17 (2) ◽  
pp. 277-284
Author(s):  
INESSA PETROVA ◽  
◽  

The article considers some features of the unified state registers that are the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation, reveals the content of each designated feature of the concept under study, which allowed us to formulate a definition of the unified state registers. The systematization of the unified state registers is given, based on their classification on various grounds. Attention is drawn to the peculiarities of criminal law protection of relations in the field of maintaining unified state registers, for the understanding of which it is necessary to know the regulatory legislation, since the disposition of the criminal law norm provided for in Article 2853 of the Criminal Code of the Russian Federation is of a blank nature. The study shows that a clear definition of unified state registers allows us to assess from a legal point of view which of them are the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation, which is reflected in the correct qualification of criminal acts that infringe on relations in the field of maintaining unified state registers. The purpose of the study is to clarify the features of criminal law protection of relations in the field of maintaining unified state registers through the prism of understanding some of the characteristic features of unified state registers as the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation. The conducted research allowed us to formulate the author's definition of the unified state registers, to clearly identify the features inherent in the unified state registers, which allows us to give a legal assessment of acts containing signs of a crime under Article 2853 of the Criminal Code of the Russian Federation. The methodological basis of the work is a synergetic approach, implemented through structural analysis and effective synthesis through the study of certain aspects of the criminal law phenomenon under consideration. The practical significance of the work consists in the possibility of distinguishing the attribution of unified state registers to the subject of a crime under Article 2853 of the Criminal Code of the Russian Federation from unified state registers that are not such, which will eventually be reflected in a clear distinction between criminal acts and other illegal ones.


2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.


2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.


2015 ◽  
Vol 5 (2) ◽  
pp. 148-171
Author(s):  
Denisa Gunišová ◽  
Jana Duchovičová

Authors in this contribution focus on issue of subject matter structure creation by the teacher as an important psycho-didactic domain of education process and how does a student perceive this structure. The aim of the teacher is not only to impart the knowledge to students but also to show them and teach them possible ways of how to understand the subject matter better and how to get to the fundamentals of it. Based on the structure of subject matter created by the teacher a student creates cognitive frames which become basis for his further learning. We pay attention to definition of epistemology of subject matter structure, questions of psycho-didactic approach to teaching, creating structure of subject matter and how does the teacher work with the text. Empirical part of the contribution investigates teachers' preferences of subject matter structure and statistically describes subjective perception of level of understanding of the subject matter by a student influenced by the particular subject matter structure realized by the teacher.


2020 ◽  
Vol 72 (2) ◽  
pp. 236-242
Author(s):  
K. Galiyeva ◽  
◽  
S. Isakova ◽  

The article is devoted to the definition of concept in modern linguistics. Various points of view and definitions of the basic concepts are considered: "concept", "conceptual sphere", "content". The aim of the article is to describe and explain such a complex unit as a concept from the point of view of linguistics. The object of research is studied in its various manifestations, the combination of verbal and nonverbal means of information expression in the conceptual sphere is revealed. the relevance of this topic is due to the need for a detailed consideration of the concept of concept based on the works of prominent scientists and linguists. Researchers treat the concept as a cognitive, psycholinguistic, linguocultural, cultural and linguistic phenomenon. The concept is an umbrella term because it "covers" the subject areas of several scientific fields: primarily cognitive psychology and cognitive linguistics.


2021 ◽  
Vol 39 (3) ◽  
pp. 118-122
Author(s):  
M. A. Magomedova ◽  

In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.


Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 150-158
Author(s):  
K. V. Dyadyun

The paper analyzes the objective and subjective features of article 151.1 of the Criminal Code of the Russian Federation. The problems of interpretation and application of this norm are investigated, taking into account the goals and objectives underlying its creation. Special legislation regulating the sphere under study is considered. The studied imperfections of regulation of the subject of the crime (the relationship between the concepts of alcoholic and alcohol-containing products), problems of distinguishing acts from related compounds (article 151 of the Criminal Code), the complexity of the classification. The analysis of crime-forming features is presented: "repeatability", "retail", and "sale". Imperfections of the legislative and law enforcement approach in this aspect are revealed. In particular, the key features and correlation of the concepts of wholesale and retail trade are analyzed; the problems of assessing what was done with remote methods of selling alcohol; the content aspects of the categories "duplicity and repetition" in the context under study. The question of the expediency of replacing the term "sale" with "illegal sale" in the disposition of article 151.1 of the Criminal Code of the Russian Federation is studied. The regulation of features of the subject of the studied elements is considered, and existing problems are identified. The question of the expediency of norms with administrative prejudice in the criminal law was raised. Some problematic aspects of sentencing for retail sale of alcoholic products to minors are identified; and issues of establishing the subjective side of the elements. The paper analyzes the opinions of various authors regarding the possibility of improving the norm of article 151.1 of the Criminal Code of the Russian Federation, taking into account the study of statistical data and materials of judicial practice. The author indicates the need for an integrated approach in the fight against alcohol abuse among young people. The conclusion is presented regarding the validity of the existence of the studied norm in the Criminal Code of the Russian Federation in the current version.


Author(s):  
D. V. Isyutin-Fedotkov

The article considers and analyzes various opinions on the category "forensic study of personality". From the point of view of the Russian language, the various meanings of the term "study" fully and in a multifaceted way reflect the activities of the investigator in the study of the person in the course of sufficient disclosure and investigation of crimes. It is concluded that forensic study of personality can be considered as a process, theory (doctrine) and part of criminalistics (educational discipline, special course). In this connection, the definition of the term "forensic study of personality" depends on understanding of its essence. Forensic study of personality as a process for the study of personality is associated with activity. Forensic study of the personality as a theory (doctrine) is associated with the objective laws that constitute the subject of criminalistics. Forensic study of the personality as a section of criminalistics (academic discipline, special course) is based on a theoretical basis, on the basis of which methods, approaches to studying personality are considered. The ultimate goal of forensic study of personality is solving the problems of disclosure and investigation of crimes. Author's definitions of the term "forensic study of personality" are proposed.


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