Classification of Environmental Crimes: Critical Analysis of the Criminal Legal Literature

Author(s):  
E.V. Titov ◽  

The purpose of the article is a critical assessment of the established in the legal literature and practice the concept and characteristics of a legal action and criteria for distinguishing legal actions and events. The main problem identified by the author is that, despite the huge number of sources on this subject, jurisprudence has not progressed in the study of this phenomenon since the early 19th century. The definition and characteristics of a legal action «migrate» from one work to another, as a rule, without any critical analysis at all and are taken by lawyers as a given, which leads to stagnation in the development of the relevant field. At the same time, studies of specific varieties of legal actions often reach a deadlock precisely because of the incorrectly defined general characteristics of a legal action. The author defines the classification criterion of differentiation of legal facts, and argues the necessity of two-member division of legal facts into events and actions. It is proved that facts-states cannot be distinguished within the classification of legal facts on the volitional ground and they are not legal facts at all. The concept of legal action and its characteristics are given. The concept of will as a key element of legal action is discussed in the article and it is substantiated that «involuntary» actions are not legal facts. The author analyzes the classification of events into absolute and relative, and offers an algorithm for determining whether a certain legal fact refers to events or actions.


2020 ◽  
Vol 10 ◽  
pp. 3-7
Author(s):  
Ivan S. Klabukov ◽  

Аmong the current unsolved problems of the science of civil procedure law is the question of finding optimal criteria for classifying the principles of civil procedure law. The need to study this issue is due to the fact that in the science of civil procedure law, the most developed classical bases for the classification of principles. At the same time, law enforcement practice shows that participation in civil proceedings of public authorities and local self-government bodies modifies the essence of sectoral principles of civil procedure law. In this regard, the author gives a critical analysis of the principles of civil procedure law based on the existing legal literature and justifies the need to introduce a new criterion for the classification of principles, taking into account the participation of a special subject of civil procedural relations — a state authority or a local self-government body.


Author(s):  
Vladimir Valentinovich Kozhevnikov

This scientific article is devoted to some theoretical problems of the theory of the political system of society. The purpose of the article is to show the true, objective position in relation to the subjects of the political system. To solve this goal, the following tasks were set: a critical analysis of the opinions of those authors who consider as such: 1) criminal communities; 2) public organizations with an insignificant political aspect. Moreover, both in the first and in the second case, it has been proven that scientists are engaged in the substitution of concepts, that is, they commit a logical error. Result: 1) criminal associations are not subjects of the political system of society; 2) according to the political criterion, it is necessary to distinguish only proper political and not proper political organizations; 3) general theoretical provisions, opposite to those stated, differing in illogicality, do not contribute to improving the quality of educational literature on the theory of state and law.


Author(s):  
I.O. Mikulionok

The basic data on the volume of production of pneumatic tires in the world and in Ukraine are presented. The need to improve the ways of handling pneumatic tires that have lost their con-sumer properties (worn out tires as a result of their intended use and tires rejected as a result of passing quality control during their manufacture) is shown as one of the most dangerous for the environment and promising in terms of using their properties. A detailed classification of methods for handling worn out and defective tires is proposed and a critical analysis of each of them is given. Particular attention is paid to the methods of utilization of tires, in particular, recycling, which makes it possible to efficiently use the secondary raw materials obtained from tires directly for their intended purpose. The features of physical, physicochemical and chemical processing methods, in particular combustion, gasification, pyrolysis of tires and their frag-ments, as well as the prospects for their decomposition under the influence of environmental factors, in particular microorganisms, are also considered. The main ways of solving the prob-lem of tires that have lost their consumer properties in Ukraine are proposed. Bibl. 88, Fig. 2.


2021 ◽  
pp. 72-74
Author(s):  
Mario Fernando Prieto Peres ◽  
Thaiza Agostini Córdoba de Lima ◽  
Marcelo Moraes Valença

The article is a critical analysis of the diagnostic criteria for medication-overuse headache. This is an important discussion to improve the criteria in the next update, as well as providing a critical view for neurologists when applying the criteria to their clinical practice.


Author(s):  
Kostyantyn Chaplynskiy ◽  
Tetyana Kalyuga

The article deals with the study of forensically significant features of the methods of fraud in the sphere of tourist services. Attention is paid to description of methods, clarifying their characteristics, determining the factors that affect their formation on the basis of what they were ordering. Laying the basis of a set of criteria for the classification, all the options of fraudulent activities in the tourism sector are summarized in three groups: fraudulent actions by entities that are authorized to conduct such activities (exercise deception in intent, or about a variety of actions and events) fraudulent actions on the part of the constituent entities, which have no official relationship to the tourism business, but on behalf of such persons. In a separate group of related fraudulent operations by individuals whose activity was expressed in support of actions required to obtain travel services. The purpose of the article is to analyze the approaches in the legal literature to the treatment of the crime, as well as to characterize the ways of committing fraud in the sphere of tourist services and their classification. Despite the wide range of opinions of scholars on the general issues of defining the concept and content of the crime, it should be noted that the scientific literature has not paid sufficient attention to the development of fraudulent practices in the provision of tourist services. You can find only the classification of criminal acts in the tourism business and criminal and criminal studies. There are many fraudulent schemes in the field of tourist services. Fraudulent actions may be taken either by entities having official authorization to carry out such activities (deceiving intentionally or by various actions and events) or by entities having no official relation to the tourist. Business, but act on behalf of such persons. Fraud can be directly or indirectly attributed to persons whose activities are asso-ciated with the activities required to obtain travel services (representatives of insurance companies, con-sulates, airlines, etc.).


Sign in / Sign up

Export Citation Format

Share Document