scholarly journals The theory of law and their relationship to the realities of life

2015 ◽  
Vol 2 (1) ◽  
pp. 19-23
Author(s):  
V V Lyneev
Keyword(s):  
Criminal Law ◽  
Systematic Study ◽  
Real Life ◽  
Theory Of Law

The article assesses the relationships developed theories and rules of law to real life. Expressed the opinion that so far between the theory of criminal law and systematic study of the criminal laws of reality or criminology has not arisen close scientific and practical cooperation. It is noted that legal, normativists view has virtually no relationship to reality.

scholarly journals Crypto Currency as an Object and Instrument of Committing Crimes

2019 ◽  
Vol 13 (3) ◽  
pp. 408-415
Author(s):  
Anna Korennaya ◽  
Nadezhda Tydykova
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Real Life ◽  
Present Moment ◽  
Psychoactive Substances ◽  
Unified Approach ◽  
Global Circulation ◽  
Crypto Currency ◽  
Theory Of Law ◽  
Economic Crimes

The article examines the legal status of cryptocurrencies in Russia. The authors study the civil and criminal law aspects of this phenomenon. The legislation does not define the legal status of cryptocurrencies, while the theory of law and court practice have not yet worked out a unified approach to it. The authors present an overview of the existing positions regarding this issue and suggest that cryptocurrency should be regarded as other property. It is stated that whatever position is incorporated into law, in real life cryptocurrency is in global circulation and has a great potential. As for criminal law, the authors show that it is relatively independent from civil law when dealing with issues within its object. It is suggested that, for the purposes of criminal law, the available instruments should be adjusted to enable a prompt reaction to the crimes committed at the present moment. The authors analyze the possibility of recognizing cryptocurrencies as an object and instrument of committing crimes within the framework of current legislation. Using the examples different crimes, the authors demonstrate that cryptocurrency could act as an instrument of committing them. It is also stated that cryptocurrency could be recognized as an object of some crimes. To support their position, the authors present such arguments as crimes of terrorism, illegal trade in drugs and psychoactive substances, economic crimes and some others. They also discuss cryptocurrency as an object of theft. It is proven that there is a practical necessity to recognize cryptocurrency as an object of theft. Criticism of this approach by some researchers is also discussed. The authors, however, show that it is possible to solve this problem positively. They conclude that current Russian and foreign legislation should be amended and should define the legal status of cryptocurrencies; however, the goal of criminal law could and should be achieved even before these amendments are adopted.

scholarly journals Problems of Implementing the Criminal Procedure Policy in Crime Prevention

2021 ◽  
Vol 15 (3) ◽  
pp. 401-408
Author(s):  
Igor Antonov ◽  
Igor Alekseev
Keyword(s):  
Crime Prevention ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Social Conflicts ◽  
Criminal Procedure Law ◽  
The Russian Federation ◽  
Theory Of Law

The authors use a communicative approach to the theory of law in their analysis of criminal procedure policy and its role in crime prevention. This approach allowed them to determine the content of criminal procedure work that lies outside the scope of criminal law. This content is its ability to regulate social conflicts of criminal law character. Within this framework, the criminal procedure is viewed as a platform for resolving social conflicts, the sides use it to resolve a conflict between them in socially acceptable ways in the process of communication. The involvement of the aggrieved party in the process of communication in connection with the crime intensifies the correctional impact of the criminal process and its significance for crime prevention. The authors suggest using simplified measures of criminal procedure law for reforming this process and basing it on the procedure of terminating a criminal case with the imposition of a court fine as a measure of criminal law influence. They suggest using the same approach when terminating a criminal case due to the reconciliation of the sides, with one exception: during the reconciliation of the sides, only grounds provided for in Art. 76 of the Criminal Code of the Russian Federation should be proven. If they are established, the investigator is obliged to petition to the court and the court, having established their validity, should decide to terminate the criminal case.

scholarly journals Sexual Exploitation and Beyond: Using the Rome Statute of the International Criminal Court to Prosecute UN Peacekeepers for Gender-based Crimes

2011 ◽  
Vol 11 (4) ◽  
pp. 803-827 ◽  
Author(s):  
Melanie O'Brien
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Sexual Exploitation ◽  
Real Life ◽  
Criminal Court ◽  
International Criminal Law ◽  
Applicable Law ◽  
Gender Based

AbstractAllegations and confirmed cases of misconduct by peacekeeping personnel have been revealed by non-governmental organisations, the press and UN investigations. The majority of misconduct has fallen under the term 'sexual exploitation and abuse'. Sexual exploitation and abuse has encompassed rape, sex with minors, trafficking, prostitution-related conduct, sexual exploitation, and other sexual abuse. This article discusses accountability in international criminal law for such conduct, first exploring the development of gender-based crime in international criminal law. The core of this article consists of an examination of the applicable law under the Rome Statute of the International Criminal Court, to determine whether or not the provisions could be used to prosecute peacekeepers for the crimes of rape, sexual slavery, sexual exploitation, prostitution-related conduct, and trafficking. Real life examples of criminal conduct by peacekeeping personnel will be given to test the applicability of the Rome Statute provisions.

Postprint - Would I be Helped? Cross-National CCTV Footage Shows That Intervention Is the Norm in Public Conflicts

2019 ◽  
Author(s):  
Richard Philpot ◽  
Lasse Suonperä Liebst ◽  
Mark Levine ◽  
Wim Bernasco ◽  
Marie Rosenkrantz Lindegaard
Keyword(s):  
South Africa ◽  
United Kingdom ◽  
Violent Crime ◽  
Systematic Study ◽  
Real Life ◽  
Bystander Intervention ◽  
Current Paper ◽  
Bystander Behavior ◽  
The United Kingdom ◽  
Cross National

Half a century of research on bystander behavior concludes that individuals are less likely to intervene during an emergency when in the presence of others than when alone. By contrast, little is known regarding the aggregated likelihood that at least someone present at an emergency will do something to help. The importance of establishing this aggregated intervention baseline is not only of scholarly interest, but is also the most pressing question for actual public victims—will I receive help if needed? The current paper describes the largest systematic study of real-life bystander intervention in actual public conflicts captured by surveillance cameras. Using a unique cross-national video dataset from the United Kingdom, Netherlands, and South Africa (N = 219), we show that in nine-out-of-ten public conflicts, at least one bystander, but typically several, will do something to help. We record similar likelihoods of intervention across the three national contexts, which differ greatly in levels of recorded violent crime. Finally, we find that increased bystander presence is related to a greater likelihood that someone will intervene. Taken together these findings allay the widespread fear that bystanders rarely intervene to help. We argue that it is time for psychology to change the narrative away from an absence of help and towards a new understanding of what makes intervention successful or unsuccessful.

,,SPECIAL USE OF WEAPON” FROM THE ACT ON ANTI-TERRORIST ACTIVITIES – DOGMATIC AND THEORETICAL ANALYSIS

2021 ◽  
Vol 2 (XXI) ◽  
pp. 131-140
Author(s):  
Borys Kadyszewski
Keyword(s):  
Theoretical Analysis ◽  
Criminal Law ◽  
The State ◽  
Point Of View ◽  
Legal Rights ◽  
Public Officials ◽  
State Apparatus ◽  
Maximum Protection ◽  
Theory Of Law ◽  
Terrorist Event

The article is an analysis from the theoretical and dogmatic point of view of the institution of “special use of weapons”. The intention of the legislator was to comprehensively regulate the issue of the so-called sniper shot, which is to be the reaction of the state apparatus to terrorist behavior. The direct goal of “special use of weapons” is to deprive or endanger the life of the perpetrator of a terrorist event in such a way as to ensure maximum protection of the life and health of individuals whose legal rights may potentially be threatened by terrorist activities. This study aims to present the normative shape of the discussed institution and analyze it in terms of the assumptions of the theory of law and criminal law dogmatics, and in particular, it is an attempt to answer the question about the scope of responsibility of public officials authorized to fire a sniper shot in terms of circumstances excluding unlawfulness

Social Cognitive Studies, Sociological Theory, and International Law

2021 ◽  
pp. 15-34
Author(s):  
Moshe Hirsch
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Social Cognitive ◽  
Sociological Theory ◽  
Real Life ◽  
Decision Makers ◽  
International Criminal Law ◽  
Legal Decision ◽  
Social Situations ◽  
Cognitive Studies

The image of international legal decision-makers emerging from socio-cognitive studies is significantly different from the prevalent view among diverse actors operating in this field. The socio-cognitive perspective of international law underlines that sensory objects are not ‘objectives’ or self-evident, and that their internalization in legal decision-makers’ minds always involves intermediating mental processes. The increasing awareness of the constraining influence of default socio-cognitive systems on individuals tends to diminish the significance of human agency in real-life social situations. On the theoretical level, the latter tendency in socio-cognitive literature supports a shift towards the structural pole of the agency–structure continuum. Equipped with insights drawn from socio-cognitive and sociological theoretical literatures, the last section of this chapter focuses on international criminal law, emphasizing its intensified multi-cognitive character and the significant effects of socio-mental patterns on defendants and additional actors (such as adjudicators and prosecutorial staff).

scholarly journals Digital nechnology and criminal law: interaction issues

2021 ◽  
Vol 60 (1) ◽  
pp. 105-110
Author(s):  
Elena V. Shchelkonogova
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Knowledge ◽  
Scientific Community ◽  
Academic Discipline ◽  
Digital Technologies ◽  
Legal Analysis ◽  
Theory Of Law ◽  
The Impact

The development of digital technologies and their interaction with criminal law are extremely important for lawmaking, law enforcement, and the study of criminal law. In this connection, the author in the article aims to investigate the impact of digitalization on criminal law as a branch of law and as an academic discipline. The methodological basis of this research is a set of methods of scientific knowledge, among which the main place is occupied by the methods of consistency, analysis and comparative legal. The author's position grounded in the work is based on the legislation and the opinions of the competent scientific community on the question of how artificial intelligence can be useful in assessing an act as a crime, what new offenses have appeared in connection with the development of digital technologies. With the helpof legal analysis of the provisions of the theory of law, the question of whether artificial intelligence can be a subject of law and be liable in the event of harm to the object of criminal law protection is investigated.

scholarly journals International criminal judiciary as a means to keep and protect peace and international security

2005 ◽  
Vol 57 (1-2) ◽  
pp. 31-57
Author(s):  
Dragan Jovasevic
Keyword(s):  
Criminal Law ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Law ◽  
General Notion ◽  
Narrow Sense ◽  
Military Tribunal ◽  
The Law ◽  
Theory Of Law

After a long historical development, the second half of the 20th century has inaugurated the new, latest branch of the punitive law - international criminal law. By its legal nature and characteristics it is somewhere between the national criminal law and international public law, maintaining its peculiarity and independence. The basic and most important notion and institute of this branch of law is certainly the international criminal act. In the theory of law (domestic and foreign), there are several views on the notion and contents of the international criminal act. However, it can be concluded that this notion implies a socially dangerous, illegal act committed by the perpetrator and defined as a criminal act whose perpetrator is to be punished as prescribed by the law. Such a defined notion of the international criminal act includes its basic elements, and these are as follows: 1) the act of a man (including the act of an adult person that can be committed in three forms: acting, non-acting, failure to provide proper supervision, effect and casualty; 2) social danger; 3) unlawfulness; 4) definition of an act by rules, and 5) guilt of the perpetrator. There are two kinds of international criminal acts: international criminal acts in a narrow sense and international criminal acts in a broad sense. The most significant are certainly the international criminal acts in a narrow sense that are directed towards violation or endangering of the universal, general civilisation values - international law and humanity - what is actually the subject of protection from these criminal acts. Apart from the international criminal act, the theory of law also includes a foreign criminal act (any criminal act with a foreign element). By all this, these two notions coincide largely, but are also considerably different from each other. Apart from the general notion of the international criminal act, the theory of law also includes a special being or a special notion of the international criminal act by whose characteristics and specific forms and shapes of manifestation some international criminal acts or responsibility of their perpetrators actually differ from each other. As a matter of fact, all international legal documents in this field (and then national criminal legislation as well) deal with the whole system of various incriminations punished by various kinds and sorts of penalties (as basic sorts of criminal sanctions). The following documents deal with some international criminal acts in their specific forms and shapes of manifestation: The Statute of the International Military Tribunal (that served to reach the Nuremberg and then the Tokyo verdicts), the Law No. 10 of the Control Council for Germany, the Statute of the Hague Tribunal for the Former Yugoslavia as well as the statutes of some other ad hoc tribunals such as: Tribunals for Rwanda, Eastern Timor and Sierra Leone, then the Statute of the Iraqi Special Tribunal and finally the Permanent International Criminal Court Statute (the so-called Rome Statute).

scholarly journals Circumstances Excluding Criminality of an Act in the Light of the General Theory of Law

Lex Russica ◽  
2020 ◽  
pp. 62-70
Author(s):  
A. V. Savinskiy
Keyword(s):  
General Theory ◽  
Criminal Law ◽  
Legal Theory ◽  
Criminal Code ◽  
The State ◽  
Theory And Practice ◽  
Actual Problem ◽  
Theory Of Law ◽  
The Individual ◽  
The Right

The paper is devoted to an actual problem of the legal theory and practice, namely: the institution of circumstances excluding criminal nature (criminality) of an act (Chapter 8 of the Russian Criminal Code). As a manifestation of criminal and legal compromise steadily strengthening its position in domestic criminal legislation, this legal phenomenon is intended to encourage citizens to commit actions that contribute to localization or minimization of threats to the interests of the individual, society and the state protected by the law. At the same time, despite seemingly clear legislative enactment, the institution of circumstances precluding the criminal nature of an act evokes hot scientific debates. Among forensic scientists there is no uniform opinion concerning the legal nature of the criminal law institution as a whole and some of the individual types of circumstances constituting the institution under consideration, in particular. The legal literature substantiates the idea of the need to expand the legislative list of such circumstances. Investigators and judges often face difficulties in practical application of the rules enshrined in articles of Chapter 8 of the Criminal Code (especially provisions concerning necessary defense, extreme necessity, reasonable risk). The reasons for theoretical and practical problems related to the circumstances excluding the criminal nature of the act are largely preconditioned by the insufficient research of the institution under consideration in the general theory of law. This fundamental theoretical legal science lacks general legal equivalents of the criminal law concepts “criminality of the act”, “circumstances excluding criminality of the act.” It is proposed to introduce into scientific circulation the general legal equivalent of the concept “criminality of the act” — “delinquency of the act”, representing the set of such features of the offense as public harm, wrongfulness, culpability and punishability. This new legal design will allow us to investigate the phenomenon of circumstances excluding criminality of the act in the light of a general theory of law, to determine the possibility and limits of their subsidiary application in various branches of law. Thus, categories of circumstances excluding criminal, administrative, civil. disciplinary delinquency of acts will acquire the right to exist in differnt legal sciences and relevant branches of law. This, in turn, will contribute to improving the effectiveness of protection of rights, freedoms and legitimate interests of the individual, ensuring the interests of the society and the state.

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