scholarly journals Etrospective analysis of criminal-legal and criminological measures to ensure environmental safety the problem of high latency of environmental crime and solutions in the context of digitalization

2021 ◽  
Vol 17 (2) ◽  
pp. 67-77
Author(s):  
Anton V. Kvitko
Keyword(s):  
Natural Resources ◽  
Criminal Law ◽  
Environmental Safety ◽  
Environmental Crime ◽  
Surveillance Systems ◽  
Economic Activities ◽  
The Subject ◽  
Conservation Of Natural Resources ◽  
Main Components ◽  
Criminal Legislation

In the present article, the author conducts a retrospective analysis of criminal law and criminological (preventive) state measures to ensure environmental safety and the conservation of natural resources. In the article, the author demonstrates the modification of criminal legislation aimed at preserving the main components of the natural environment, which depends on the development of society and its economic activities. In addition, the subject of the article is the designation of the relevance of the conservation of natural resources at all times, including the deterrence of illegal actions with the use of criminal and criminological measures. The purpose of the article is to indicate by the author a fairly high latency of environmental crime in Russia. Statistical indicators of the studied category of crime and the ongoing socio-economic processes in society question its real state. In this regard, the author of the article identifies a number of problematic factors that affect the provision of environmental safety by measures of criminal law and criminological influence. At the same time, in order to reduce the latency of environmental crime, the author proposes a number of measures of a state and managerial nature, including the use of modern digital technologies, resources and surveillance systems.

scholarly journals The environment as an object of criminal law protection: problems of definition and legislative regulation

2021 ◽  
Vol 295 ◽  
pp. 04003
Author(s):  
Olga Yakovleva
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Social Relations ◽  
Criminal Law ◽  
Environmental Safety ◽  
State Ownership ◽  
Legislative Regulation ◽  
The Subject ◽  
Definition Of ◽  
Environmental Crimes

The article is devoted to the study of the problems of definition and legislative regulation of the environment as an object of criminal law protection. The correct legislative regulation and the definition of the object and subject of the crime in the criminal law standard contribute to the correct labeling process. In the legal literature, there is no consensus on the definition of the object of environmental crimes. Some believe that the object of this group of crimes is the order of use of natural resources or social relations related to their economic exploitation; others believe that the relations of state ownership, which are expressed in natural resources; finally, the object of this group of crimes is directly the natural resources themselves or the entire environment. Taking into account the legislative regulation of norms united by generic and species groups and the scientific and theoretical definition of the direct object of the crime, we believe that the object of environmental crimes is public relations for the protection of the environment, the preservation of favorable natural conditions for nature, living beings and ensuring a sufficient level of environmental safety. In this context, a favorable environment should be considered as an environment whose quality ensures the safety of the natural environment functioning and other objects. The subject of crime in the science of criminal law makes it possible to solve many important issues from a practical point of view since it is characterized by relative criminal-legal independence: to distinguish between general and special elements of crimes; the subject of the crime allows you to reveal the nature and extent of the damage that was caused by the crime, as well as to identify the relationship between the criminal act and the consequences that occurred.

scholarly journals Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research)

2020 ◽  
pp. 46-61
Author(s):  
Elena Yurishina
Keyword(s):  
Criminal Law ◽  
Judicial Discretion ◽  
Legal Research ◽  
Russian Science ◽  
Original Definition ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
Criminal Legislation ◽  
Spanish Legislation

  This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  

scholarly journals THE SUBJECT OF CRIME: THE PROBLEM OF ESTABLISHING AGE LIMITS OF CRIMINAL RESPONSIBILITY

2019 ◽  
Vol 7 (4) ◽  
pp. 809-812
Author(s):  
Natalia Yu. Zhilina ◽  
Esita E.Ganaeva ◽  
Marina L. Prokhorova ◽  
Denis N. Rudov ◽  
Irina V. Savelieva
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Political Rights ◽  
Legal Concept ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
Age Limits ◽  
Civil And Political Rights ◽  
Criminal Legislation

Purpose: This article presents the authors’ analysis of the problem of determining the subject of a crime as a legal concept, and defining the legal characteristics of a person who has committed a crime by features that are necessary for criminal responsibility (individual, age, and responsibility). Methodology: The present study was based on a dialectic approach to the disclosure of legal phenomena using general scientific and private scientific methods. Considered the Convention on Rights of the Child1989; International Covenant on Civil and Political Rights "in 1966; and UN Standard Minimum Rules for Administration of Juvenile Justice. Result: It is noted that the theory of criminal law and criminal legislation of various legal systems, including Russia, associate criminal responsibility with the age of the subject of the crime. Based on the requirements of criminal law, the subject of a crime may not be any imputed person, but only having reached a certain age. Applications: This research can be used for universities and students in law. Novelty/Originality: In this research, the model of establishing age limits of criminal responsibility is presented in a comprehensive and complete manner.

From the bureau of forced labor to the criminal-executive inspections

2019 ◽  
pp. 149-156
Author(s):  
Ольга Васильевна Коростылёва
Keyword(s):  
Criminal Law ◽  
Electronic Monitoring ◽  
Criminal Liability ◽  
100Th Anniversary ◽  
October Revolution ◽  
Forced Labor ◽  
History Of ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Character

В статье рассматривается история становления и развития учреждений и органов, исполняющих уголовные наказания и иные меры уголовно-правового характера, не связанные с изоляцией от общества. После Октябрьской революции 1917 г. был актуализирован вопрос введения мер уголовной ответственности, не связанных с изоляцией осужденных от общества. Для исполнения указанных мер в 1919 г. было создано Бюро принудительных работ, которое со временем было переименовано в инспекции исправительно-трудовых работ. В настоящее время, с 1996 г., инспекции получили свое окончательное наименование - уголовно-исполнительные инспекции. На протяжении своего существования инспекции меняли только наименование, но и ведомственную принадлежность. Уголовно-исполнительные инспекции являются учреждением, исполняющим наибольшее количество уголовных наказаний и иных мер уголовно-правового характера, установленных уголовным законодательством, а также реализуют меры процессуального учреждения, связанные с применением системы электронного мониторинга подконтрольных лиц. Проведен анализ нормативного регулирования на предмет законодательного закрепления института учреждений, исполняющих наказания, альтернативные лишению свободы, в преддверии празднования 100-летнего юбилея существования уголовно-исполнительных инспекций. The article deals with the history of the formation and development of institutions and bodies executing criminal penalties and other criminal law measures not related to isolation from society. After the October revolution of 1917, the issue of introducing criminal liability measures not related to the isolation of convicts from society was actualized. For execution of these measures, in 1919, established the Office of forced labor, which eventually was renamed in the inspection of hard labor. At present, since 1996, the inspections have received their final name - criminal Executive inspections. Throughout its existence, the inspection changed only the name, but also departmental affiliation. Criminal-Executive inspections are the institution executing the greatest number of criminal punishments and other measures of criminal-legal character established by the criminal legislation, and also realizes the measures of procedural organization connected with application of system of electronic monitoring of under control persons. The analysis of normative regulation on the subject of legislative consolidation of the institution of institutions executing punishment alternative to imprisonment on the eve of the celebration of the 100th anniversary of the existence of criminal and Executive inspections.

scholarly journals Potential of Vineyard Landscapes for Sustainable Tourism

Geosciences ◽  
2019 ◽  
Vol 9 (11) ◽  
pp. 472
Author(s):  
Ruiz Pulpón ◽  
Cañizares Ruiz
Keyword(s):  
Natural Resources ◽  
Sustainable Tourism ◽  
Economic Activities ◽  
Cultural Authenticity ◽  
Wine Tourism ◽  
Intangible Heritage ◽  
The Status ◽  
World Tourism Organization ◽  
Conservation Of Natural Resources ◽  
The Many

According to the World Tourism Organization, sustainable tourism fosters the conservation of natural resources, respects the socio-cultural authenticity of host communities and ensures the maintenance of economic activities in the long term. With reference to these three areas, this article examines how vineyard landscapes, seen as one of the many resources of wine tourism, represent a potential for promoting forms of sustainable tourism, which be understood as tourism that assumes a balance between the environmental, economic and social determining factors behind a region. For this purpose, different theoretical and thematic approaches are used to highlight the importance of key issues, such as the status of the vineyard landscape as part of the conservation of natural resources in general and the elements linked to tangible and intangible heritage as part of the social authenticity of these landscapes. The results show how the strong cultural nature of vineyard landscapes, which are rich in heritage and aesthetics, guarantees their sustainability for tourist activity, provided that appropriate planning criteria are used.

The Crime Wave: Recent Writing on Crime and Criminal Justice in Eighteenth-Century England

1986 ◽  
Vol 25 (4) ◽  
pp. 380-435 ◽  
Author(s):  
Joanna Innes ◽  
John Styles
Keyword(s):  
Eighteenth Century ◽  
Criminal Law ◽  
Short Life ◽  
Law Faculty ◽  
History Of ◽  
Crime Wave ◽  
The Subject ◽  
The 1960S ◽  
The One ◽  
Criminal Legislation

One of the most exciting and influential areas of research in eighteenth-century history over the last fifteen years has been the study of crime and the criminal law. It is the purpose of this essay to map the subject for the interested nonspecialist: to ask why historians have chosen to study it, to explain how they have come to approach it in particular ways, to describe something of what they have found, to evaluate those findings, and to suggest fruitful directions for further research. Like all maps, the one presented here is selective. The essay begins with a general analysis of the ways in which the field has developed and changed in its short life. It then proceeds to consider in more detail four areas of study: criminality, the criminal trial, punishment, and criminal legislation. This selection makes no pretense of providing an exhaustive coverage. A number of important areas have been omitted: for example, public order and policing. However, the areas covered illustrate the range of approaches, problems, and possibilities that lie within the field. The essay concludes with a discussion of the broader implications of the subject.The Development of the FieldBefore the 1960s crime was not treated seriously by eighteenth-century historians. Accounts of crime and the criminal law rarely extended beyond a few brief remarks on lawlessness, the Bloody Code, and the state of the prisons, often culled from Fielding, Hogarth, and Howard. There were exceptions, but they fell outside the mainstream of eighteenth-century history. The multiple volumes of Leon Radzinowicz's monumental History of the English Criminal Law and Its Administration from 1750 began to appear in 1948, but Radzinowicz worked in the Cambridge Law Faculty and the Institute of Criminology, and, as Derek Beales has pointed out, his findings were not quickly assimilated by historians.

scholarly journals Subject Of A Crime Under French Criminal Legislation

2021 ◽  
Vol 03 (01) ◽  
pp. 63-68
Author(s):  
Khurshida Mirziyatovna Abzalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Entities

This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.

scholarly journals MENINGKATKAN HASIL BELAJAR PJOK TEKNIK DASAR MENGGIRING BOLA MELALUI PENDEKATAN LAPANGAN

2019 ◽  
Vol 4 (2) ◽  
pp. 28-34
Author(s):  
Zainal Abidin
Keyword(s):  
Natural Resources ◽  
Average Score ◽  
Economic Activities ◽  
Engineering Material ◽  
Learning Skills ◽  
Basic Technique ◽  
Field Approach ◽  
Average Value ◽  
The Subject ◽  
Class Iv

Learning in class IV on PJOK subject matter, Basic Engineering Material, Herding Ball in Soccer Games, mastery of the material is still very low. Of the 20 number of students only 7 students (35%) who achieved the Minimum Completion Criteria (KKM) were set at 6.5 with an average value of 61.5. To overcome the above problems, the steps that need to be implemented are using the approach to field outside the school. In application, the researcher tried on the subject of PJOK about the concept of "Basic Technique of Dribbling Ball". The subjects in this study were 20 students consisting of 13 men and 7 women. To achieve the results in accordance with what the researcher expects, the researchers implement them with II  cycles. Each cycle is 2  meetings for 3 months. In the first  cycle the average score of students was 68.3 and learning completeness reached 70%, whereas in the second cycle the average score of students was 77 and learning completeness reached 85%. The conclusion of this study is to use the field approach outside the school in the PJOK lesson on material Natural Resources and their use for economic activities can improve learning skills

scholarly journals To the question about the definition of «environmental crime»

2016 ◽  
Vol 12 (1) ◽  
pp. 245-247
Author(s):  
Elena V Frolova
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Criminal Law ◽  
Environmental Crime ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation ◽  
Environmental Crimes

In this article, on the basis of the analysis of scientific approaches in the theory of criminal law and criminal legislation of the Russian Federation in the field of environmental protection describes some of the problems of the definition of "environmental crimes". It seems the author's definition of "environmental crime".

scholarly journals Principles of criminal law in the field of ensuring environmental safety

2020 ◽  
Vol 203 ◽  
pp. 05024
Author(s):  
O.V. Knyazeva ◽  
К.А. Sych ◽  
O.K. Khotkina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Forest Fires ◽  
Marine Pollution ◽  
Environmental Safety ◽  
River Pollution ◽  
Criminal Code ◽  
Land Art ◽  
Emergency Situations ◽  
Criminal Legislation

Enormous scale of issues of protecting the natural environment becomes more and more obvious as well as issues of development of human civilization. Current criminal legislation (Art. 2 of the Criminal Code of Russian Federation) points to the protection of environment by means of law. This is the subject of Chapter 26 of the Criminal Code of Russian Federation “Environmental Crimes”, where this group of crimes include water pollution (Art. 250 of the Criminal Code of Russian Federation), air pollution (Art. 251 of the Criminal Code of Russian Federation), marine pollution (Art. 252 of the Criminal Code of Russian Federation) ), damage to the land (Art. 254 of the Criminal Code of Russian Federation), destruction or damage of forest plantations (Art. 262 of the Criminal Code of Russian Federation). These types of crimes are especially relevant at present, after a number of emergency situations associated with river pollution in a number of regions, as well as cases with forest fires. In this regard, attention is drawn to the legislative list of principles of criminal law. In particular, the principle of justice (Article 6 of the Criminal Code of Russian Federation), which affects the interests of perpetrators of a crime. However, it should be recognized that the very category of “justice” presupposes not only consideration of interests of guilty person, but also interests of victim of a crime. Justice, as a principle of criminal law, should include, among other aspects, the restoration of victim's right violated by the crime and compensation for the harm caused to the victim.

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