scholarly journals Distant Psychological Violence: Prospects for Improvement of Criminal Legislation

2021 ◽  
Vol 11 (4) ◽  
pp. 64-76
Author(s):  
I.N. Mosechkin
Keyword(s):  
Cyber Bullying ◽  
Legal Issues ◽  
Psychological Violence ◽  
The Public ◽  
Cyber Harassment ◽  
Correct Definition ◽  
Foreign Law ◽  
Comparative Review ◽  
Definition Of ◽  
Criminal Legislation

The article researches the legal issues of protection from various forms of distant psychological violence arising in electronic communication. The study aims to assess the public danger of cyber-bullying, cyber-stalking and cyber-harassment among potential and real victims in order to develop recommendations for improvement of domestic legislature. The main results of the study have been obtained by surveying 207 individuals and by means of comparative review of domestic and foreign law. The results indicate that distant violence does take place, but its assessment by legislators and the public is highly controversial. Cyber-harassment is commonly seen as a more dangerous phenomenon than cyber-bullying or cyber-stalking, which raises a question of its criminalization in the law. This necessitates a correct definition of sexual harassment in distant form as there are risks of either intruding into the field of socially acceptable behavior or overlooking the socially unacceptable ones.

scholarly journals The Effects of Media Language Using of Comedian Program Audiences of Kurdish Televisions; BEZMÎ BEZM Program at KurdMax TV As A Case Study

2021 ◽  
Vol 8 (1) ◽  
pp. 144-186
Author(s):  
Shwan Adam Aivas ◽  
Mahabad Kamel Abdulla
Keyword(s):  
Gender Discrimination ◽  
Online Survey ◽  
Media Ethics ◽  
Psychological Violence ◽  
Negative Effects ◽  
The Public ◽  
The Family ◽  
Definition Of ◽  
Effects Of Media

This study is an attempt to evaluate the effects of media language misusing in comedian programs of Iraqi Kurdish televisions. To achieve this goal, the researchers have done an online survey with 145 TV viewers; as well as analyzing the thematic contents of 12 episodes of the BEZMÎ BEZM program on the KurdMax satellite channel.   Based on the research results; media language misusing in the BEZMÎ BEZM program has negative effects on viewers of this program, despite the fact that the majority of opinions agreed on the definition of this satellite as a Kurdish entertainment channel and the rates of views of its main programs "Great". However, they also agreed that this program on the KurdMax satellite channel has become a popular platform for insults, exchange of accusations, and defamation of certain personalities and groups in society, and a reason for sabotaging the Kurdish language and its methods, producing linguistic and psychological violence and highlighting gender discrimination. In addition to sabotaging the public taste of viewers, lack of respect for their needs, delinquency of adolescents, reducing the value of artistic work etiquette and educational foundations, and underestimating the family and Kurdish culture and its peculiarities. As for the topics presented in this program, the main goal is to make viewers laugh only and to achieve this; they do not hesitate to spread market language and archaic and patriarchal cultures, encourage gender differences of men and women, social and sexual taboos, defame personalities, neglect health guidelines, and violate professional media ethics. All of the above; represents the main identity of the BEZMÎ BEZM program on the KurdMax satellite channel. As a final point, this research has recommended the relevant people and bodies to subordinate such programs in order to review its content based on legal and ethical media standards, laws, and rules of the Kurdish language, along with abiding professional art principles.

scholarly journals FEATURES OF PUBLIC OFFICIAL IN CRIMINAL LAW OF UKRAINE

2021 ◽  
Vol 12 (2) ◽  
pp. 113-120
Author(s):  
Oleksandr Tsyvinskyi ◽  
Keyword(s):  
Criminal Code ◽  
Regulatory Function ◽  
Public Official ◽  
Self Administration ◽  
Legal Norms ◽  
The Public ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation ◽  
Regulatory Functions

Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms "an individual fulfilling functions of representative of authority or local self-government" "organizational and regulatory function" and "administrative and economic functions", terms "an individual empowered fulfilling state functions or local self-government", "functions concerning administration of work with employees" and "functions of administration and disposal of other people’s property" accordingly.

Conceptual features of a public contract in modern civil law

2020 ◽  
Vol 7 (1) ◽  
pp. 22-33
Author(s):  
Andrey G. Ananev
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Legal Principles ◽  
The Public ◽  
Correct Definition ◽  
Public Contracts ◽  
Public Character ◽  
Definition Of ◽  
Contractual Structures ◽  
Public Contract

The civil legislation reform affects the provisions on public contracts. This article deals with the issues surrounding public contract qualification under the conditions of modern regulation. A characteristic feature of modern regulation and theoretical provisions of civil law is the lack of unified approaches to defining the public contract concept, its essence, and accompanying conditions. In practice, there are various situations wherein the legislator does not give clear instructions on certain aspects of contracts that have a public character. This determines the theoretical and practical relevance of examining this area. The article analyzes the main defining features of the designated contractual structure and examines the features of expression of public-legal principles in legal regulation in these contractual relations. The methodological basis of the research is the analysis of normative material, civil law theory and certain aspects of law enforcement on public contracts norms. The article highlights the legal and conceptual aspects of public contract institution in the context of modern legal regulation. The task of further research on this issue is not so much to find one correct definition of this agreement for the legislator, but rather to fix the individualizing features in the law, by integrating them either into the conceptual apparatus or by directly fixing them in the normative act text. The author attempts to systematize the relevant features and to identify the distinct principles for differentiating a public contract with the related contractual structures. The article also presents clear criteria for differentiation and the hierarchy of the application of certain rules to relations arising from a public contract. This paper concludes by highlighting the need to proceed not only from the definition of law, but also from specific features of a public contract, when identifying the designated contractual structure.

The Problem of Priority in the Invention of Scientific Journals

2020 ◽  
Vol 57 (4) ◽  
pp. 185-198
Author(s):  
Victor A. Kupriyanov ◽  
Keyword(s):  
Early Modern ◽  
Critical Analysis ◽  
Scientific Journal ◽  
Scientific Communication ◽  
Scientific Journals ◽  
Public And Private ◽  
The Public ◽  
Correct Definition ◽  
The Social ◽  
Definition Of

The article is devoted to the discussion on priority in the invention of scientific journal. In the first part of the article, the author makes a critical analysis of the arguments in the discussion, explicating some contradictions. In the second part, he develops his own approach claiming that the solution lies in the correct definition of the social demand which has impulsed the search for new tools of scientific communication. The author argues that, because of the universality of the socio-economic processes, this demand was common for the early Modern European sciences in general. The author shows that the first scientific journals (Philosophical Transactions, Journal des scavans) have appeared in the atmosphere of competition for the invention of new forms of scientific communication. He argues that Kantian distinction of the public and private application of reason seems to be helpful for better understanding of this process.

The Reporting Entity in Private-Public Accounting Harmonisation. Is Control Enough for the Local Government Consolidated Financial Statements?

2017 ◽  
pp. 5-29 ◽  
Author(s):  
Cristian Carini ◽  
Laura Rocca ◽  
Claudio Teodori ◽  
Monica Veneziani
Keyword(s):  
Public Sector ◽  
Local Government ◽  
Accounting Standards ◽  
Financial Statements ◽  
Consolidated Financial Statements ◽  
The Public ◽  
Financial Accountability ◽  
Public Sector Accounting ◽  
Definition Of ◽  
Reporting Entity

The European Commission initiated a discussion on the expediency of using the International Public Sector Accounting Standards (IPSAS), based on the IAS/IFRS, as a common base for harmonizing the public sector accounting systems of the member states. However, literature suggests that accounting is not neutral with respect to the economic, social and political dimensions. In the perspective of evolution of the accounting regulation outlined, balanced between accountability, with the need to represent phenomena for reporting pur-poses, and decisionmaking issues, which concentrates on the quantitative importance of the values, the paper aims to analyse the effects of the application of different criteria for the definition of the reporting entity of the local government consolidated financial statements (CFS). The Italian PCA 4/4, the test of control and the financial accountability approaches are examined. The evidence that emerged from the case studies examined identifies several criticalities in the Italian PCA 4/4 and support the thesis that the financial accountability approach is more effective in providing a complete representation of the public resources entrusted to and managed by the group, whereas the control approach better approximates quantification of the group results in terms of central government surveillance. The analysis highlights the importance of the post implementation review period and the opportunity to contextualize the adoption of the consolidated financial statement in the broader spectrum of the accounting harmonization process, participating in the process of definition of the European Public Sector Accounting Standards (EPSAS).

The Noise Abatement Campaign in Industrializing Japan, 1923–37

Resonance ◽  
2020 ◽  
Vol 1 (3) ◽  
pp. 298-327
Author(s):  
Shuhei Hosokawa
Keyword(s):  
Public Opinion ◽  
Legal Regulation ◽  
Public Realm ◽  
Political Responsibility ◽  
Noise Abatement ◽  
Public And Private ◽  
The Public ◽  
Causal Responsibility ◽  
Kanto Earthquake ◽  
Definition Of

Drawing on Karin Bijsterveld’s triple definition of noise as ownership, political responsibility, and causal responsibility, this article traces how modern Japan problematized noise, and how noise represented both the aspirational discourse of Western civilization and the experiential nuisance accompanying rapid changes in living conditions in 1920s Japan. Primarily based on newspaper archives, the analysis will approach the problematic of noise as it was manifested in different ways in the public and private realms. In the public realm, the mid-1920s marked a turning point due to the reconstruction work after the Great Kantô Earthquake (1923) and the spread of the use of radios, phonographs, and loudspeakers. Within a few years, public opinion against noise had been formed by a coalition of journalists, police, the judiciary, engineers, academics, and municipal officials. This section will also address the legal regulation of noise and its failure; because public opinion was “owned” by middle-class (sub)urbanites, factory noises in downtown areas were hardly included in noise abatement discourse. Around 1930, the sounds of radios became a social problem, but the police and the courts hesitated to intervene in a “private” conflict, partly because they valued radio as a tool for encouraging nationalist mobilization and transmitting announcements from above. In sum, this article investigates the diverse contexts in which noise was perceived and interpreted as such, as noise became an integral part of modern life in early 20th-century Japan.

Feminist Interpretations of Action and the Public in Hannah Arendt’s Theory

2020 ◽  
Vol 65 (Special Issue) ◽  
pp. 87-103
Author(s):  
Noémi Bíró
Keyword(s):  
Human Activity ◽  
Political Thought ◽  
Hannah Arendt ◽  
Political Action ◽  
Theoretical Framework ◽  
Public Realm ◽  
The Public ◽  
The Social ◽  
Social Feminism ◽  
Definition Of

"Feminist Interpretations of Action and the Public in Hannah Arendt’s Theory. Arendt’s typology of human activity and her arguments on the precondition of politics allow for a variety in interpretations for contemporary political thought. The feminist reception of Arendt’s work ranges from critical to conciliatory readings that attempt to find the points in which Arendt’s theory might inspire a feminist political project. In this paper I explore the ways in which feminist thought has responded to Arendt’s definition of action, freedom and politics, and whether her theoretical framework can be useful in a feminist rethinking of politics, power and the public realm. Keywords: Hannah Arendt, political action, the Public, the Social, feminism "

Prawne regulacje pobierania i transplantacji narządów oraz tkanek w ujęciu europejskiej konwencji bioetycznej

2016 ◽  
pp. 52-65
Author(s):  
Patryk Kołodyński ◽  
Paulina Drab
Keyword(s):  
Ex Vivo ◽  
Legal Aspects ◽  
European Convention ◽  
The Public ◽  
Additional Protocol ◽  
The Past ◽  
Reliable Source ◽  
International Legal Order ◽  
Definition Of ◽  
Source Of Information

Over the past several years, transplantology has become one of the fastest developing areas of medicine. The reason is, first and foremost, a significant improvement of the results of successful transplants. However, much controversy arouse among the public, on both medical and ethical grounds. The article presents the most important concepts and regulations relating to the collection and transplantation of organs and tissues in the context of the European Convention on Bioethics. It analyses the convention and its additional protocol. The article provides the definition of transplantation and distinguishes its types, taking into account the medical criteria for organ transplants. Moreover, authors explained the issue of organ donation ex vivo and ex mortuo. The European Convention on Human Rights and Biomedicine clearly regulates the legal aspects concerning the transplantation and related basic concepts, and therefore provides a reliable source of information about organ transplantation and tissue. This act is a part of the international legal order, which includes the established codification of bioethical standards.

DIRECTIONS FOR PROVISION OF PUBLIC BODIES’ TRANSPARENCY AND ACCOUNTABILITY IN CONDITIONS OF PARTICIPATORY DEMOCRACY DEVELOPMENT

2018 ◽  
Vol 1 (11) ◽  
pp. 144-154
Author(s):  
Olga Mykhailоvna Ivanitskaya
Keyword(s):  
Public Administration ◽  
Participatory Democracy ◽  
Main Task ◽  
The Public ◽  
State Governance ◽  
Legislative Initiative ◽  
The Government ◽  
Definition Of ◽  
The Right ◽  
Transparency And Accountability

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.

OBJECTIVES AND FUNCTIONS OF LOBISTRY ACTIVITY IN UKRAINE: REALITIES TODAY AND EVOLUTIONARY FORECAST

2018 ◽  
Vol 1 (12) ◽  
pp. 329-339
Author(s):  
Tikhon Sergeyevich Yarovoy
Keyword(s):  
Civil Society ◽  
Political System ◽  
Developed Countries ◽  
Public Interests ◽  
The Public ◽  
Political Events ◽  
The Developed Countries ◽  
Definition Of ◽  
Industrial Groups

The article is devoted to the research of goals and functions of lobbying activity. The author has processed the ideas of domestic and foreign scientists, proposed his own approaches to the definition of goals and functions of lobbying activities through the prism of public administration. As a result, a generalized vision of the goals and functions of lobbying activities as interrelated elements of the lobbying system was proposed, and a forecast for further evolution of the goals and functions of domestic lobbying was provided. The analysis of lobbying functions allowed us to notice the tendencies in shifting the goals of this activity. If the objectives were fully covered by functions such as mediation between citizens and the state, the information function and the function of organizing plurality of public interests, then the role of strengthening the self-organization of civil society and the function of compromise become increasingly important in the process of formation in the developed countries of civil society and the development of telecommunication technologies. Ukrainian lobbyism will not be left to the side of this process. Already, politicians of the highest level, leaders of financial and industrial groups have to act, adjust their goals (even if they are — declared), taking into account the reaction of the public. In the future, this trend will only increase. The analysis of current research and political events provides all grounds for believing that, while proper regulatory legislation is being formed in Ukraine, the goals and functions of domestic lobbying will essentially shift towards a compromise with the public. It is noted that in spite of the existence of a basic direction of action, lobbying may have several ramified goals. Guided by the goals set, lobbyism can manifest itself in various spheres of the political system of society, combining the closely intertwined interests of various actors in the lobbying process, or even — contrasting them.

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