scholarly journals Effectiveness of the execution of criminal penalties

2021 ◽  
Vol 17 (4) ◽  
pp. 111-119
Author(s):  
Alexander K. Teokharov ◽  
Albert Ya. Bondar ◽  
Galbadrakh Batbold
Keyword(s):  
Research Process ◽  
Legal Regulation ◽  
Social Needs ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Social And Economic Development ◽  
Analysis And Synthesis ◽  
Criminal Penalties ◽  
And Performance ◽  
Definition Of

Introduction. Questions related to the effectiveness of the execution of criminal penalties constantly attract the attention of scientists. The first research in this area was conducted in the 60s of the last century. Despite the apparent simplicity of the problem, its true content is ambiguous. Researchers usually use the General and very broad category of "efficiency of punishment", and the definition of "efficiency of execution of criminal punishment" remains undeveloped. While not restricted to such concepts as "effective sentencing", "the efficiency of criminal-legal regulation", "effectiveness of punishment" and "performance punishment." Also, to date, no indicators of the effectiveness of the execution of criminal penalties have been identified. Methods. The conclusions made in the research process are the result of using various scientific methods, such as analysis and synthesis, as well as systematic and comparative methods. Tasks. The main purpose of the article is to fill a gapin the theory of criminal enforcement law regarding the concept of efficiency of execution of criminal punishment. The following tasks are identified: formulation of the author's concept of the effectiveness of the execution of criminal punishment and determination of its features. Results. In the study, the analysis of scientific views on concepts such as the efficiency of criminal punishment, the effectiveness of the criminal law and the effectiveness of the execution of criminal penalties, gives the authors the concept of efficiency of execution of criminal punishment. Conclusion. The effectiveness of the execution of criminal punishment is the ability of the penitentiary system to achieve the goals of criminal punishment in accordance with current legislation and social expectations, reflecting the optimal application of repressive and correctional measures, the material and financial resources used. The execution of a criminal sentence becomes effective when it has the following characteristics: 1) balance of punitive and corrective actions; 2) progressive execution of punishment; 3) the focus of the punishment for public needs and social needs; 4) compliance of the execution of punishment the level of social and economic development of the state; 5) the regimentation of the sentence; 6) the variability and individuality corrective measures against the convicted person.

scholarly journals Doctrinal foundations of goal-setting in the institute of punishment

2021 ◽  
Vol 230 (7) ◽  
pp. 15-21
Author(s):  
IVAN V. DVORJANSKOV ◽  
Keyword(s):  
Goal Setting ◽  
Criminal Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Penal System ◽  
Criminal Punishment ◽  
Scientific Methods ◽  
Legal Norms ◽  
Theoretical Approaches ◽  
Analysis And Synthesis

The article examines the doctrinal (scientific) foundations of goal-setting in the institute of punishment, the evolution and modern content of the goals of punishment, theoretical approaches to their formation and connection with the conceptual provisions of the state's criminal policy, factors and criteria for goal-setting in criminal law. The analysis of the current state and prospects of regulation of the goals of punishment and their legal regulation is presented. Monuments of domestic law and modern Russian legislation, scientific literature on the topic of the work are the subject of the article. The purpose of the study is to identify the problems of compliance of the goals of punishment with the modern criminal policy of Russia on the basis of studying the legal nature, doctrinal base, and social conditionality of the goals of punishment. The methodological basis of the research was formed by the dialectical method, analysis and synthesis: comparative and legal; retrospective; formal legal; logical; comparative. Specific scientific methods were also used: legal-dogmatic and the method of legal norms interpreting. As a result of the work carried out, the doctrinal foundations, evolution and modern legal regulation of the goals of punishment were studied, a critical analysis of the modern goals of punishment was given, an approach to their transformation was proposed. These decisions will have a positive effect on the effectiveness of criminal punishment and Russia's criminal policy, will allow the rational allocation of the resources of the penal system without prejudice to its authority, and avoiding the excessive and sometimes impossible requirements to an employee of the penal system. Conclusions are made about the need for legislative reform of the concept of punishment goals. This problem is far from being a trifle one, since the effectiveness of judicial and criminal-executive activity depends on its solution. Key words: doctrinal foundations, goals setting, criminal punishment, criminal policy, evolution, legal framework, goals of punishment, state and prospects.

Strategic threats to energy security as risks of quality of people's life

2020 ◽  
Vol 16 (4) ◽  
pp. 730-744
Author(s):  
V.I. Loktionov
Keyword(s):  
Quality Of Life ◽  
Energy Security ◽  
Well Being ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
And Performance ◽  
Economic Well Being ◽  
The Way

Subject. The article reviews the way strategic threats to energy security influence the quality of people's life. Objectives. The study unfolds the theory of analyzing strategic threats to energy security by covering the matter of quality of people's life. Methods. To analyze the way strategic threats to energy security spread across cross-sectoral commodity and production chains and influences quality of people's living, I applied the factor analysis and general scientific methods of analysis and synthesis. Results. I suggest interpreting strategic threats to energy security as risks of people's quality of life due to a reduction in the volume of energy supply. I identified mechanisms reflecting how the fuel and energy complex and its development influence the quality of people's life. The article sets out the method to assess such quality-of-life risks arising from strategic threats to energy security. Conclusions and Relevance. In the current geopolitical situation, strategic threats to energy security cause long-standing adverse consequences for the quality of people's life. If strategic threats to energy security are further construed as risk of quality of people's life, this will facilitate the preparation and performance of a more effective governmental policy on energy, which will subsequently raise the economic well-being of people.

scholarly journals Protection against imposing unfavorable contract terms by the dominant party in the russian legislation: issues of ensuring the balance of convenience

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Kirill Andreevich Pisenko ◽  
Stanislav Lvovich Botvinnik
Keyword(s):  
Legal Regulation ◽  
Philosophical Perspective ◽  
Public And Private ◽  
Scientific Methods ◽  
Dominant Party ◽  
Legal Method ◽  
General Logic ◽  
Legal Nature ◽  
Definition Of ◽  
Antitrust Regulation

Legal issues of counteracting the imposition of unfavorable contract terms by the dominant party raise a number of theoretical and practical problems. The authors of the article try to determine the legal nature of imposition and develop methods of comprehensive counteraction to this violation in order to ensure the balance of convenience. From the philosophical perspective and a certain worldview, the study is based on the balance of convenience regarded as the objective foundation of legal regulation. The main philosophical and scientific methods used in this article include the dialectic method, the formal-legal method, the method of legal hermeneutics, as well as the comparative-legal and empirical methods. The theoretical basis is represented by scientific works in the field of civil, administrative, entrepreneurial and procedural branches of law. The legal nature of imposition as a type of violation should be determined with due regard to the general logic of antitrust regulation. The parallel use of both public and private law necessitates the development of procedural legal means ensuring uniform law enforcement and the balance of convenience. First of all, the unity of approaches regarding legal tools of public and civil law should be concerned with the definition of features and the essence of elements compiling the imposition itself. The authors also propose approaches to the formation of an appropriate procedural model.

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

scholarly journals Correlation between the principle of justice and legal axioms

2020 ◽  
pp. 64-78
Author(s):  
Anton Nikolaevich Rundkvist
Keyword(s):  
Legal Regulation ◽  
Constitutional Court ◽  
Scientific Methods ◽  
Legal Principles ◽  
Original Definition ◽  
Principle Of Justice ◽  
Analysis And Synthesis ◽  
Primary Reference ◽  
General Scientific ◽  
New Perspective

The objects of this research are the principle of justice as a universal fundamental, cornerstone and key cohesive general legal superprinciple and the legal axioms as transmitters of most objectified legal justice reflected in simple and clear formulations. The subject of this research is correlation between the aforementioned concepts, which allows looking at the problem of indeterminacy of the content of the principle of justice from a new perspective, namely through indicating the violation of legal axioms as one of criterions of ultimate injustice. Methodological framework is comprised of the general scientific methods of deduction, induction, analysis and synthesis, as well as sociological method of content analysis used examination of the materials of law enforcement practice of the Constitutional Court of the Russian Federation. The work yielded the following results: 1) substantiation is made on the key role of the principle of justice in law as a whole; 2) an original definition is given to the legal axioms ; 3) demarcation is drawn between legal axioms and legal principles in accordance with the criteria of external manifestation, evidence of conformity or nonconformity, nature of action, and depending on the presence or absence of systemic links, which is important from theoretical and practical perspectives, 4) a direct correlation is established between noncompliance with legal axioms and the loss of baseline claim to justice by legal regulation. The theoretical novelty of this work consists in the fact that legal axioms that establish the generally accepted imperative rules are viewed as a primary reference point for resolving the issue on possible violation of the principle of justice

scholarly journals The Terminological Data Bank “Classification Parameters of Phraseological Units” as an Electronic Terminographic Product: Design Experience

2020 ◽  
pp. 117-132
Author(s):  
Zhanna V. Krasnobaieva-Chernaya ◽  
Keyword(s):  
Data Bank ◽  
Russian Language ◽  
Scientific Methods ◽  
Language Version ◽  
Electronic Catalog ◽  
Analysis And Synthesis ◽  
Bank Technology ◽  
Information Optimization ◽  
Definition Of ◽  
Theoretical Foundations

The aim of the study is to design an electronic terminographic product in the form of a terminological data bank (TDB) “Classification Parameters of Phraseological Units” with consistent implementation of infological and datological stages. The object in the study is the TDB, the focus is terms for designation of types of phraseological units (PU), which actively function in Ukrainian and Russian linguistics in the 2nd half of the 20th century to 2020. The methodology of the study is based on theoretical foundations of phraseology, terminology, applied linguistics, and computer terminography (linguistic database/data bank technology). The general and specific scientific methods are used: analysis and synthesis, ascent from the abstract to the concrete, classification, definitional analysis, identification, linguistic observation and description, selection, elements of a statistical method. The infological stage is related to the solution of a set of information problems: 1) definition of the principle of regularization of terms of phraseology, 2) selection of terms with the archeseme “phraseoclassification type” from scientific literature in order to form an alphabetical register, 3) establishment of the composition of the dedicated terminology subsystems, 4) description of terminology subsystems, 5) creation of an electronic catalog of terms for further computer processing of collected information. The main principle of systematization is the thesaurus: “terminological system – terminological microsystem – terminological subsystem – term”. The next step is to develop a datalogical scheme, which is a system of tables whose fields display information about the described terms in the form of data, for example: number, term, terminology subsystem, scientific source, definition, illustration, paradigm relations of the term. The TDB modeled in the work is a special terminology dictionary (monolingual (Ukrainian) in terms of the number of languages involved), which has 113 terms to denote types of PUs and covers 17 classifications of PUs. The TDB “Classification Parameters of Phraseological Units” is positioned as an electronic terminographic product created for storage of information, optimization and intensification of system research on fundamental issues of phraseology and phraseography, works devoted to problems of comprehensive analysis and parameterization of PUs. The prospect of the study is to create a Russian-language version of this terminographic product.

scholarly journals Transformation of the Civil Right to the Freedom of Expression in the Internet

2018 ◽  
Vol 4 ◽  
pp. 43-47
Author(s):  
Ksenia A. Ivanova ◽  
Keyword(s):  
Information Exchange ◽  
System Analysis ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Practical Significance ◽  
Scientific Article ◽  
Global Information ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Right

Purpose. The purpose of the scientific article is to study the modern information society, as well as to consider the conditions for the development of global information and communication networks, the global information exchange system. The author has studied the current legal regulation of freedom of speech to achieve this goal. Methodology. The article applies general scientific methods of system analysis and synthesis, as well as private scientific methods: comparative, sociological. The use of methods of analysis and synthesis will determine the key scientific concepts for research. In addition, an institutional research method will be used. On its basis, in particular, the originality of the forms of regulation of the right to freedom of opinion has been revealed; specificity of regulation of restrictions of this right. The article concludes that the existing regulation does not correspond to the level of development of public relations. The fact that there are no legal instruments that can prevent the falsification of information in the media indicates that there are problems in ensuring the right of citizens to freedom of expression in cyberspace, which ensures the relevance of the study. Scientific and practical significance. Within the framework of the research, a complex scientific theoretical and legal analysis of the constitutional and legal category “the right of citizens to freedom of opinion” in cyberspace was carried out; a comparison of Russian and foreign legislation. Results. It was suggested that the concept of the right to freedom of opinion in cyberspace be structured into separate elements. Following the logic of the proposed classification, the author proposes the main directions of improving the legal regulation of this right. The significance of the study is made by proposals to improve Russian legislation in the sphere of securing the right of citizens to freedom of opinion, as well as further development of mechanisms for the realization of this right in cyberspace.

scholarly journals FORMATION AND REALIZATION OF THE MECHANISM OF COMMERCIALIZATION OF THE RESULTS OF INNOVATION ACTIVITY

2021 ◽  
pp. 37-46
Author(s):  
Alona Poltoratska ◽  
Tetiana Stovba ◽  
Alona Hrebennikova
Keyword(s):  
Economic Development ◽  
Innovation Activity ◽  
Competitive Advantages ◽  
Conceptual Approach ◽  
Scientific Methods ◽  
Social And Economic Development ◽  
Analysis And Synthesis ◽  
Important Challenge ◽  
General Scientific

Introduction. Introduction. Innovation is an integral factor of social and economic development, which accompanied mankind from the beginning of civilization. Over the past decade, you can observe a significant increase in expenditures for innovation activity and growing interest in the topic of innovation, since technological changes and innovations are often perceived as an influential process that opens opportunities for the benefits of society, as well as social security. Particular attention is paid to the commercialization of innovation, since they are a fundamental condition for the development of both micro-and macroeconomic aspects in the context of their impact on the creation of competitive advantages and economic development. Moreover, the commercialization of innovation is, apparently, the most important challenge faced by all companies. innovations go beyond science or technology; this is what can create value through the commercialization process. The theme of commercialization of innovation apparently paid increased attention Recently, but this subject of research is quite fragmented and distributed between various fields of research and disciplines. As a result, it is necessary to investigate, arrange and aggregate various theoretical and empirical conclusions, the purpose of the article is to determine theoretical principles of commercialization of the results of innovation activity in order to formulate the relevant mechanism. Method (methodology). The study used a number of general scientific and specially scientific methods: analysis and synthesis to find out the essence of the mechanism of commercialization of the results of innovation activity; systematization – determination of the main levels of the mechanism of commercialization; Gnoseology – outlining the main contradictions for understanding commercialization. The results. The main purpose of the article is to form a model of the mechanism of commercialization of the results of innovation activity. The existing connection between phenomena is taken into account: commercialization of innovation and internationalization. A conceptual approach to the formation of a mechanism for commercialization of innovation results depending on management levels is proposed. The toolkit for implementing the proposed mechanism is determined.

scholarly journals On the peculiarities of the regional lawmaking process

2020 ◽  
pp. 25-38
Author(s):  
Olga Anatolevna Fomicheva
Keyword(s):  
Russian Federation ◽  
Process Analysis ◽  
Legal Regulation ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Initiative ◽  
The Right

The subject of this research is practice of the constituent entities of the Russian Federation applied in legal regulation of lawmaking process. Analysis is conducted on legislation of the constituent entities of the Russian Federation regarding the establishment of their rights to realization of the legislative initiative. The author’s arguments on carrying out the analysis of regional legislation with regards to establishment of a circle of subjects with the right of legislative initiative are grounded on the scholars’ opinion that the status of the subject of realization of legislative initiative is special. The fact of recognition of the subject of lawmaking process as a subject of legislative initiative is a juridical fact bot only for acquisition of the right to introduction of a bill, but also guarantees for participation in lawmaking process of the parliament. Therefore, establishment of a circle of subjects with the right of legislative initiative is crucial in determination of peculiarities of the regional lawmaking process. Application of the general scientific methods of analysis and synthesis, allowed arranging the circle of the subjects of lawmaking process into groups, as well as formulate a conclusion on the specificities of setting rules for the lawmaking process realized in constituent entities of the Russian Federation. The philosophical methods of cognition of legal reality allowed determining the general rules of lawmaking process, summarize the acquired data, and comprehensively examine the research materials. Having analyzed the practice of legal regulation, the author identified the flaws in terminology used in practice of the constituent entities of the Russian Federation. Recommendations are made to pay closer attention to ambiguity of legislation in some regions of the Russian Federation. A conclusion is formulated on the positive experience that can become an example for other constituent entities of the Russian Federation in setting rules for the lawmaking process.

scholarly journals Affiliation of legal entities: reality and prospects

2019 ◽  
Vol 2019 (3) ◽  
pp. 83-88
Author(s):  
Сергей Тычинин ◽  
Sergey Tychinin ◽  
Олег Скопенко ◽  
Oleg Skopenko
Keyword(s):  
Russian Federation ◽  
Conflicts Of Interest ◽  
Legal Regulation ◽  
Federal Law ◽  
Legal Entity ◽  
Legal Method ◽  
Analysis And Synthesis ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Entities

The relevance of the study of the problem of affiliation of legal entities is determined by the lack of a coherent legal mechanism to ensure the resolution of conflicts of interest between dependent persons. As of today, Russian legislation as a whole does not contain clear provisions regarding the concept of the affiliation of legal entities. Certain laws contain only separate independent concepts, for example, the concept of “affiliation” is used in the Civil Code of the Russian Federation; in the Federal Law «On Competition» - the concept of «group of persons»; in the Tax Code of the Russian Federation - the concept of «interdependent persons». Therefore, the study of the problem of settling relations with affiliates deserves special attention. The objectives of this study are the systematization and analytical study of the legal regulation of the institution of the affiliation of legal entities. In the course of the study, the authors used the following methods: analysis and synthesis, modeling, comparison, analysis of the regulatory framework, synthesis, formal legal method The article examines the issues of legal regulation of the affiliation of a legal entity. The definition of the concept of “affiliation” is given, criteria and signs of affiliation of a legal entity are defined, various scientific approaches to the definition of this category are given, problems of correlation with economic and other types of relations between affiliates are explored. In the course of the study, the authors came to the conclusion that the institution of affiliation in its present form undoubtedly needs to be reformed. It is necessary to develop a unified law, reflecting all the nuances of the concept of “affiliation” and the features of the transactions with affiliated persons.

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