scholarly journals About the juvenile direction of criminal policy of the Republic of Kazakhstan: historical background and development issues

2021 ◽  
Vol 7 (1) ◽  
pp. 120-125
Author(s):  
M. M. Myrzash

The article considers the paradigm of the Republic of Kazakhstans juvenile criminal policy, reveals its historical background and development problems. The article describes the features of the Biy judicial system in the Kazakh society up to the middle of the XVIII century. The article examines the characteristics of applying criminal punishment to juveniles after the accession of the Kazakh khanates to the Russian Empire in the XVIIIXIX centuries. The conclusion is made about the continuity of juvenile justice foundations in pre-revolutionary and post-revolutionary Russia and modern Kazakhstan. The article confirms the ineffectiveness of further lowering the age of criminal responsibility, as well as traditional punishments that provide for the deprivation or restriction of liberty of juveniles. The idea of re-socialization of juveniles who have served a criminal sentence and are released from it is defended. To re-socialize, it is recommended to expand the practice of alternative punishments without isolation from society related to labor impact and the introduction of probation with labor impact concerning juveniles in the Republic of Kazakhstan.

2020 ◽  
Vol 6 (3) ◽  
pp. 338-345
Author(s):  
N. Sopubekova

The article describes the characteristics of the judicial system of Kyrgyzstan in XIX - early XX century, the attention to a special role in the proceedings of people’s courts, examines features of government approach to the reform of the judicial system of the Republic in the periods of rule of the Kokand khanate and citizenship in the Russian Empire.


2021 ◽  
Vol 3 ◽  
pp. 56-62
Author(s):  
M. S. Kiyan ◽  
◽  
T. V. Khutko

In the Russian Federation, one of the priority vectors of the development of the state is to improve the quality of justice, the guarantee of which is the effective judicial system. For the most optimal mode of functioning of the judicial system, an understanding of the main trends in its development is necessary, which requires a high level of generalization and scientific potentiation of the foundations of the organization and functioning of the judiciary, and is possible only if all previous stages of its development are analyzed. The main objective of the study: 1) determine the features of the development of the judicial policy of the Russian Empire in the regions, in particular in the Crimea; 2) to trace the evolution of the judicial system in the Crimea during its stay in the Russian Empire. When writing the work, methods of scientific research were used: dialectical, historical-legal, formal-legal, systemic, comparative-legal, historical periodization, diachronous, institutional-legal. The main results and conclusions of the study can be defined as: 1) judicial reform was a priority in the state legal policy of the Russian Empire at the end of the XVIII – early XX centuries; 2) the author's periodization of the reform of the judicial system in the Crimea. Such a consistent consideration of the organization and functioning of the judiciary allows for its comprehensive study as a historical phenomenon with its own genesis of organization and activity The article is of high scientific value, since it is the first generalizing study in the historical and legal literature devoted to the problems of the formation, development and modernization of the judiciary in Crimea as part of the Russian Empire (1783–1917), in which it was first used that were not previously included in the scientific circulation Sources of the State Archive of the Republic of Crimea of the Russian Federation.


2020 ◽  
Vol 42 (4) ◽  
pp. 502-512
Author(s):  
Sergey MONIKOV ◽  

2020 marks 280 years since the birth of the outstanding Russian naturalist and explorer Ivan Ivanovich Lepyokhin (1740-1802) and 275 years since the birth of the outstanding German explorer and naturalist Samuel Gottlieb Gmelin (1745-1774). An overview of scientific contribution to the study of nature and economics of the Russian Empire in general and the southeast of European Russia in particular made by these two leaders of the Academic Expeditions of 1768-1774 is presented. The author discusses a number of inconsistencies in S.G. Gmelin’s biography found in references (encyclopedias), scientific and popular science literature of pre-revolutionary Russia and the USSR. The question of I.I. Lepyokhin and S.G. Gmelin memorialization in Volgograd and Saratov Regions and the Republic of Dagestan has been raised.


2021 ◽  
Vol 2 ◽  
pp. 40-47
Author(s):  
Nikita V. Bushtets ◽  

The article examines the historical experience of the formation of the lists of jurors in the Russian Empire. The reasons that contribute to the occurrence of problems are analyzed, as well as ways their resolution in the context of the historical development of the judicial system. Based on the research results, proposals were formulated to improve the organization of the activities of a modern court with the participation of the jury.


2019 ◽  
Vol 147 (5-6) ◽  
pp. 380-385
Author(s):  
Vladimir Miletic

In the field of protection and improvement of people?s health, there is a special importance of legally, efficiently, regularly, professionally, and punctually providing medical care, performing other healthcare services, or simply providing medical assistance or care. In this way, an essential social function is achieved, as well as the protection of the constitutionally proclaimed right of physical and mental integrity of the public. However, deterioration of an individual?s health who has been medically assisted is possible in the process of providing medical, or any other assistance in the field of medicine. If it is a gross medical misconduct or any other type of medical misconduct, or gross violation of a profession?s rules, because of which there is a possibility of deterioration of health of one or more individuals, then the crime of medical negligence, for which there are strict statutory offences, applies. This article addresses the aspect of theory and practice about the significance, social jeopardy, and prevalence of this crime, or criminal policy of courts in the Republic of Serbia, alongside many articles in the printed and electronic media which provoke great public attention and rough comments.


Author(s):  
Butler William E

This chapter traces the history of the Russian treaty from its inception during the Kievan Rus to Soviet applications of the instrument. The precise origins of the "treaty" in Kievan practice has not been determined. However, it was from this early period that concepts such as treaty ratifications and "confirmation" were conceived in early Russian law. From there, the chapter follows Russian treaties through post-medieval times, including the inclusion of international treaties within the 1825 Complete Collection of Laws of the Russian Empire. The chapter also takes a look at the so-called "internal treaties," by examining the differences between "international" treaties and "constitutional" treaties given Russia's historic borders and its relationships with neighboring states. Finally, the chapter outlines Soviet treaty policy and its doctrinal philosophies.


2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.


Author(s):  
Nadiia Kulesha

The article studies the problems of covering the revolutionary developments of 1917―1918s in Ukraine in the Ukrainian influential German-language magazine «Ukrainische Korrespondenz». Established and issued by the Main Ukrainian Rada, it actively reacted to the revolutionary transformations in the Russian Empire in 1917. It primarily covered processes of state changes in the Great (Russian-controlled) Ukraine, specifically the Ukrainian Revolution of 1917―1921s. «Ukrainische Korrespondenz» aimed to familiarize readers with these developments. Its editors used as sources information of the Ukrainian, Russian, the digest of the West European press, as well as own analytical materials. At first, it had to use borrowed informations, because the Ukrainian Press Bureau was established in Vienna only in August 1917. At that time the editors of the magazine were able to use materials of its own correspondents. In reporting the Ukrainian Revolution the editorial office preferred materials received from the Russian officials and the party press, which it considered objective. On the contrary, the materials from the Polish press were considered as unreliable, biased, and even fabricated. Most analytical materials regarding the solution of the Ukrainian cause, the editors drew from the German press. The latter was most interested in a positive outcome of the Ukrainian nationstate aspirations. A minor segment among the foreign press publications as a source in coverage of the issue of the Ukrainian Revolution was the French press. This could be explained by that the concept of «Ukraine» was a taboo in France at that time. The growing interest to the Ukrainian question in France happened only with the beginning of the revolutionary events in Russia. News has been received with a considerable delay, its own analytical materials on this topic mainly belonged to V. Kalynovych. The information about the course of developments in Ukraine, changes in social and political life of the country coexisted with a justification of historical background necessary for these changes. Publications on the Ukrainian question relating to the revolutionary events in the Russian Empire and in the Russian Ukraine were gleaned by the German press authorship. The Austrian and German statesmen, political figures, as well as scholars focused on historical aspects of the Ukrainian history and predicted decisions for the development of the Ukrainian state. Materials of the Russian press, reprinted on the pages of the magazine, focused exclusively on clarifying a flow of developments. The bulk of publications of «Die Ukraine» covered issues of the Ukrainian question on the territory of the Eastern Galicia. They illuminated the revolutionary changes in the Great Ukraine, and considered it as a catalyst for positive nation-state decisions in the Western Ukraine. Keywords: Ukrainian, «Ukrainische Korrespondenz», Germanspeaking, Russian, Polish, French press, information, revolutionary events, Ukrainian statehood, Ukrainian question.


Author(s):  
Anri Robertovich Chediya

The subject of this article is the policy and ruling techniques of the Ottoman Empire in Western Caucasus as a whole, and Abkhazia in particular, implemented due to expansion of military and economic presence of the Russian Empire in Caucasus in the early XIX century. Such methods include bringing local population (mostly representative of aristocracy – princes and noblemen) to the side of the Ottoman Empire for returning their dominance in the countries and cities (fortresses), considered by the Sublime Porte as the territories of their authority, and unlawfully annexed by the Russian Empire (namely the Principality of Abkhazia). This resulted in clash of interest of both superpowers that unfolded in Abkhazia and neighboring Circassia in the early XIX century. The scientific novelty consists in introduction into the scientific discourse of previously unpublished sources from the Ottoman State Archive of the President of the Republic of Turkey, as well as the Russian State Military-Historical Archive, which shed light on the methods of Ottoman control over the territories of Western Caucasus (Principality of Abkhazia, Circassia), as well as on the complicated questions regarding the clash of interests of the Russian and Ottoman empires in the region. The relevance of this work is substantiated by usage of both, Russian and Ottoman unpublished archival materials for describing the Ottoman ruling techniques in the region.


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