scholarly journals Theoretical and methodological formationof the personal concept of a penitentiary criminal

2021 ◽  
Vol 17 (4) ◽  
pp. 140-149
Author(s):  
Sergey A. Khokhrin

Introduction. The development of measures for the prevention and prevention of crime of convicts in correctional institutions implies the study of the personality of the penitentiary offender. The article attempts to generalize and periodize scientific trends about the personality of the criminal as a biological and sociological phenomenon. Purpose: to analyze the formation of the concept of the personality of a penitentiary offender. Methods: The article uses such general scientific research methods as: generalization, analysis and synthesis, concretization. Results: The time indicators of the formation of the opinion of researchers about the need for in-depth development of problems associated with the concept of the personality of a criminal were determined. The stage of formation of a significant volume of criminal law and criminological knowledge about the personality of the criminal is subjected to a detailed analysis. Conclusions: The author believes that the central element of any type of crime is the personality of the offender as a carrier of criminal behavior.

Management ◽  
2021 ◽  
Vol 33 (1) ◽  
pp. 132-140
Author(s):  
Asem Djamal Dawoud

BACKGROUND AND OBJECTIVES. In modern economic conditions the formation of financial and economic factors to enhance the development of integrated business structures cannot take place without the active use of mathematical modeling methods. One of the main directions of improving the financial and economic mechanism is the use of these methods as an effective modern tool for strategic management of the development of integrated business structures.METHODS.The methodology of scientific research are general scientific and special research methods: All scientific research carried out within the framework of established integrated business structures, use general scientific methods, such as the method of scientific abstraction, the method of analysis and synthesis, the method of unity of historical and logical, positive and normative methods, as well as specific research methods. To the specific methods of research can be attributed modeling, which is presented in the study as the basis for effective management of the development of integrated business structures.FINDINGS. The hypothesis of the scientific study is to model the process of development of integrated business structures as a given condition for managing the available combined potential. The aim of the study is to substantiate theoretically the use of mathematical modeling in the management of the development of integrated business structures.CONCLUSION. It was determined that in modern conditions, under the specifics of the formation and development of integrated management structures, which includes many structural units, to improve the management mechanism can be achieved by using as an effective tool of computer technology, allowing a flexible and responsive to changing economic conditions.


Author(s):  
Sergey Aleksandrovich Potapov

The relevance of the study is due to a comprehensive study of the concepts and contents of criminal law, criminological and forensic crime characteristics. The aim is to analyze the criminal-legal, criminological and criminalistic aspects of the crime characteristics as a whole, as well as to consider the problematic elements of some of them. The realization of this aim was achieved using the laws of dialectics, formal logic and the use of general scientific and private scientific research methods. The system approach in studying of considered characteristics of crimes is used. We consider the relations of the studied characteristics in solving common problems of disclosure, investigation and prevention of crimes. We identify, in particular, the content of the criminological characteristics, which is a set of all interrelated features that form its structure. We characterize the elements that make up the above structure, also we adheres to the position that the forensic characteristic is a system of features inherent in a certain type of crime. It is emphasized that in contrast to the criminal-legal characteristics, is not an integral part of the general understanding of the crime and is applied, official nature, necessary to solve the tasks of the investigation. We indicate the main elements inherent in the concept of forensic characteristics. Conducting a comparative analysis of the elements of criminal law and criminalistic characteristics of crimes, it is noted that in both cases, different elements are considered in importance for them, but in the end, determining one-the composition of the crime. The main difference of the considered characteristics was considered on the example of the problems with which they are solved.


Author(s):  
Sergey A. Potapov

The relevance of work is due to a comprehensive study of the meaning of the criminal-law and criminalistic concepts of crime in the detection and investigation. The purpose of work is to analyze the criminal-law and criminalistic concepts of crime as systems, as well as to consider their main elements. The implementation of this purpose is achieved by using the laws of dialectics, formal logic and using of general scientific and private scientific research methods. We examine such criminal-law and criminalistic categories as crime, elements and body of crime, criminal activity, and mechanism of committing a crime. We define and study their specific ele-ments, in particular, in the criminal law concept of a crime, such legal catego-ries as “elements of a crime” and “body of crime” are considered. The crimi-nalistic concept of crime is characterized by the criminal activity of the sub-ject, which is investigated through such categories as mechanism of crime, method of committing a crime, situation, mechanism of trace formation, identity of perpetrator, tools and means of crime. We consider the relation-ship of studied characteristics and their significance in solving problems of detection and investigating crimes. We conclude that the comparison of ele-ments of criminal-law and criminalistic concepts of crime allows us to assert that in both cases different elements are considered in importance for them, but in the end they determine one thing – the body of crime.


Author(s):  
Liliia Syrota

The purpose of the article is to compare worldview, philosophical and scientific approaches to the definition of the concepts of celebration and event.  To suggest your own definition of the event. Methodology. The author uses general scientific research methods (analysis, synthesis, systematization, comparison, opposition, description, specification). The article also based on semantic, functional research methods. The scientific novelty. The concept of “down” is the closest in meaning to the event In the socio-cultural context, since it has the organizational aspect (the stage of preparation, conduct) that dominates the event. Conclusions. An event is a set of steps/actions aimed at creating family, corporate or official mass meetings. It has always been aimed at the development and implementation of a service.


2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.


Author(s):  
Д. Д. Купіна ◽  
М. В. Дидак

The purpose of the article is to identify the characteristic features ofjazz jam sessions as creative and concert events. The research methods arebased on the use of a number of empirical approaches. The historicalmethod has characterized the periodization of the emergence andpopularity of jam session as an artistic phenomenon. The use of themethod of comparison of jazz jam sessions and jazz concert made itpossible to determine the characteristic features of jams. An appeal toaxiological research methods has identified the most strikingimprovisational solos of leading jazz artists. Of particular importance inthe context of the article are the methods of analysis and synthesis,observation and generalization. It is important to pay attention to the use ofa structural-functional scientific-research method that indicates theeffectiveness of technological and execution processes on jams. Scientificinnovation. The article is about discovering the peculiarities of the jamsession phenomenon and defining the role of interaction between theaudience of improviser listeners and musicians throughout the jams. Theprocesses of development of jazz concerts and improvisations at jamsessions are revealed. Conclusions. The scientific research providedconfirms the fact that system of interactions between musicians amongthemselves and the audience, as well as improvisation of the performers atthe jam sessions is immense and infinite. That is why modern jazz singersand the audience will always strive for its development and understanding.This way is worth starting with repeated listening to improvisation, in theimmediate presence of the jam sessions (both participant and listener).


2020 ◽  
Vol 15 (3) ◽  
pp. 7-13
Author(s):  
Valery F. Lapshin

The category of criminal law impact is currently being actively studied in the domestic legal science for the relationship with the content of the categories of criminal punishment, other measures of a criminal law nature, criminal liability. In the presented study, the problem of determining the types of criminal law influence and the peculiarities of their implementation, depending on the presence or absence of certain legally significant features, is posed. Given the stated problems, the subject of the study is determined in the form of criminal law norms that enshrine deprivation and legal restrictions that apply to persons who have committed a socially dangerous act prohibited by criminal law. The application in the process of research of a combination of general scientific and private scientific methods allowed us to formulate the final conclusion that the criminal legal effect is realized as a result of the application of criminal liability measures and other measures of a criminal legal nature. Criminal liability is realized on general and preferential terms. The basis for the use of the latter is the fact of positive post-criminal behavior, which significantly reduces the social danger of the perpetrator.


Author(s):  
Сергей Петрович Субботин ◽  
Оганнес Давитович Мкртчян

В условиях достижения высоких показателей УИС особую роль приобретает институт Федеральной службы исполнения наказаний в части достижения и укрепления правопорядка в обществе. Представляется важным обеспечить выявление и предупреждение преступности за счет установления надежной охраны и надзора за осужденными, отбывающими наказание на территории объектов УИС. В связи с этим особая роль отводится функционированию КПП, обеспечивающих контроль за проходом людей и проездом транспортных средств на территорию объекта. Именно КПП идентифицируется как наиболее уязвимое место в части проникновения запрещенных предметов и веществ. Вышесказанное обуславливает актуальность исследования, связанного и изучением методов и средств, способных снизить число запрещенных предметов, доставляемых на территорию учреждений УИС за счет эффективной работы досмотровых групп. Цель исследования: изучение специфики работы досмотровых групп на КПП в учреждениях УИС и способов повышения их эффективности для предупреждения проникновения запрещенных предметов. Методы исследования: анализ теоретических, нормативно-правовых источников; общенаучные методы (логический, системно-функциональный, обобщение, анализ и синтез), а также частнонаучные методы (статистический, документальный). Результаты: раскрыто назначение деятельности КПП, их виды и требования к оборудованию для пропуска людей, автомобильного и железнодорожного транспорта. Выделены запрещенные предметы, пользующиеся спросом у осужденных, и каналы их доставления. Рассмотрены проблемы действующих КПП через призму их проходимости. Обоснована важность технического и организационного совершенствования КПП для повышения эффективности правопорядка в учреждениях УИС. Выводы: проблема проникновения в учреждения УИС запрещенных предметов и веществ связана с деятельностью КПП. Требуется постоянное использование передовых технических средств, способствующих эффективной деятельности учреждений УИС и оптимизации работы досмотровых групп на КПП. Представляется необходимым обеспечить финансирование на приобретение соответствующих средств контроля и надзора на КПП, а также оптимизировать порядок предупреждения правонарушений в учреждениях УИС. In the conditions of achieving high indicators of the penal system, the Institute of the Federal penitentiary service plays a special role in achieving and strengthening the rule of law in society. It is important to ensure the detection and prevention of crime by establishing reliable protection and supervision of convicts serving their sentences on the territory of penal institutions. In this regard, a special role is assigned to the functioning of checkpoints that control the passage of people and vehicles to the site. It is the checkpoint that is identified as the most vulnerable place in terms of penetration of prohibited items and substances. The above explains the relevance of the research related to the study of methods and means that can reduce the number of prohibited items delivered to the territory of penal institutions due to the effective work of inspection teams. The purpose of the study: to study the specifics of the work of inspection groups at checkpoints in penal institutions and ways to improve their effectiveness to prevent the penetration of prohibited items. Research methods: analysis of theoretical, regulatory and legal sources; General scientific methods (logical, system-functional, generalization, analysis and synthesis), as well as private scientific methods (statistical, documentary). Results: the purpose of checkpoints, their types and requirements for equipment for passing people, road and rail transport are revealed. Prohibited items that are in demand among convicts and their delivery channels are highlighted. The problems of existing checkpoints are considered through the prism of their patency. The importance of technical and organizational improvement of the checkpoint for improving the effectiveness of law and order in the institutions of the penitentiary system is justified. Conclusions: the problem of penetration of prohibited items and substances into penal institutions is related to the activities of the checkpoint. It is necessary to constantly use advanced technical tools that contribute to the effective operation of penal institutions and optimize the work of inspection teams at checkpoints. It is necessary to provide funding for the purchase of appropriate controls and supervision at the checkpoint, as well as to optimize the procedure for preventing offenses in the institutions of the penitentiary system.


Author(s):  
Grigorij B. DOBRETSOV

The legislation on the contract system does not have the definitions of “procurement object”, “technical task”, “lot”, which are widely used in procurement activities by state and municipal customers. With the formation of these substances, customers begin to organize procurement activities. The purpose of this work is to develop systemic rules for the formation of the procurement object in accordance with the norms of the legislation on the contract system and law enforcement practice. The work used general scientific research methods, comparison and analysis, and the method of expert assessments. The regulatory legal acts in the field of procurement were used as of 02 July 2021, including those that come into force from 01 January 2022. The concept of the terms “lot”, “object of procurement” is given, the requirements that are established for the description of objects in the legislation on the contract system are explained: how to describe the product and what should be indicated in the description. The main requirements for the formation of lots in order to protect competition are named. The legal responsibility norms for violations of the purchase objects description are given. It is indicated on what it needs to pay attention while checking the prepared description of the procurement object.


Author(s):  
Natalia Rusnak

The purpose of the article is to analyze the Ukrainian nominations due to the internal form of the word. The names of literary language and vernacular on the basis of ethnolinguistic phenomena – folk etymology and taboos are involved in the analysis. The relevence of the study is due to the need to clarify ethnolinguistic phenomena associated with ambivalent tendencies – the vivid imagery of the word and its concealment and reproduction in linguistic concepts. Research methods. In the article as the main general scientific methods of analysis and synthesis are used, as well as linguistic – descriptive, structural and comparative and historical methods. Conclusions. For ethnolinguistics the phenomenon of folk etymology is important, which testifies the desire of speakers to explain the name, illustrates the subconscious attempt of native speakers to poetize the word, to inspire the word with poetry. In folk speech etymology motivates primarily toponyms and nicknames of people. Under the influence of folk etymology the literary language and folk words change their sound composition. Ethnolinguistic character has such a phenomenon as taboo: the word "hides" the internal form. During the Christmas holidays the speakers of the Bukovinian dialects had a taboo on the pronunciation of the word poppy. Taboo was widely used in folk birth rites. Euphemisms are associated with the phenomenon of taboos. In vernacular the word “devil” has many “substitutes”. Periphrases are close to euphemisms. In literary language there are established periphrases which emphasize the feature of the concept.


Sign in / Sign up

Export Citation Format

Share Document