CLASSIFICATION OF COMPLICITY IN THE HOLDING THE HIGHEST POSITION WITHIN THE CRIMINAL HIERARCHY

2021 ◽  
pp. 24-30
Author(s):  
S. V. Kondratyuk ◽  
Keyword(s):  
Social Networks ◽  
Causal Connections ◽  
The Status ◽  
The Law ◽  
Objective Aspect

The author considered the classification of accomplices' acts in obtaining by a person of the highest position within the criminal hierarchy (the thief-in-law status). The research took into account the causal connections between the elements of the co-enforcement system regarding such crime. The paper divided the objective aspect of obtaining the highest position within the criminal hierarchy (the status of a thief in the law) into stages depending on the content of the crime co-perpetrators actions. The author considered the situations with a voluntary refusal of a person from the obtained highest position within the criminal hierarchy (the status of a thief in the law) as well as the conditions for co-executors active repentance. The paper defines an applicant to obtain the highest position within the criminal hierarchy (the thief-in-law status) as a performer. The study established that the status leaders become the co-perpetrators of a crime participating in the decision to grant a person the highest position in the criminal hierarchy (the status of a thief in the law). The co-perpetrators of this crime also include persons who consciously and purposefully disseminate the information about the assignment of a person to the highest position in the criminal hierarchy (the status of a thief in the law). Personal voluntary renunciation of the acquired highest position in the criminal hierarchy (the status of a thief in the law) should be made openly, for example, using the status in social networks or a chat. Active repentance of the accomplices of the crime under consideration provides for the voluntary refusal of a person from the acquired highest position in the criminal hierarchy (the status of a thief in law).

scholarly journals The Current Status of Administrative and Legal Regulation of the Activities of Specially Authorized Entities in the Field of Combating Corruption in Ukraine

2020 ◽  
Vol 90 (3) ◽  
pp. 177-186
Author(s):  
В. І. Стреляний
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Current Status ◽  
Public Agencies ◽  
Public Authorities ◽  
Police Agencies ◽  
The Status ◽  
The Law ◽  
National Police

The author has revealed the content of the term of “specially authorized entities in the field of combating corruption” contained in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption”. By analyzing the current administrative legislation of Ukraine, the range of public authorities that fall under this concept has been identified. Based on the classification of public authorities existing in administrative science, which are divided into agencies of general and special competence, the author has provided recommendations to improve the list of those public agencies that have the status of specially authorized entities in the field of combating corruption. According to the results of the study, the author has formulated an exhaustive list of specially authorized entities in the field of combating corruption in Ukraine, has provided propositions to improve the provisions of the Law of Ukraine “On Prevention of Corruption” and the Law of Ukraine “On Prosecutor’s Office” in regard to the administrative and legal status of the Specialized Anti-Corruption Prosecutor’s Office. The author has offered to amend Part 1 of the Art. 7 of the Law of Ukraine “On the Prosecutor’s Office”, supplementing it with the word “agencies” after the word “system” and before the word “prosecutor’s office”. Thus, this norm will look like this: “the system of agencies of prosecutor’s offices will consist of: 1) Attorney General’s Office; 2) prosecutor’s offices in oblasts; 3) regional prosecutor’s offices; 4) Specialized Anti-Corruption Prosecutor’s Office. It has been established that only the Specialized Anti-Corruption Prosecutor’s Office can be recognized as a specially authorized entity in the field of combating corruption among the existing prosecutor’s offices. In this regard, the application of the term of “agencies of prosecutor’s office” in Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” is not grounded and leads to a false expansion of the range of anti-corruption entities. In practice, this may lead to an ambiguous interpretation of this legal norm. In this regard, the author has offered to specify the range of prosecutorial agencies that are specially authorized entities in the field of counteraction by replacing the phrase “agencies of prosecutor’s office” with the phrase “Specialized Anti-Corruption Prosecutor’s Office”. It has been determined that either the National Police of Ukraine or its separate agencies are not specially authorized entities in the field of combating corruption. In this regard, it has been offered to amend Part 1 of the Art. 1 of the Law of Ukraine “On Prevention of Corruption” by replacing the phrase “National Police” with the phrase “National Police Units”. Thus, those structural subdivisions of the National Police agencies that exercise competence in the field of combating corruption may be recognized as specially authorized entities in the field of anti-corruption.

TINJAUAN HUKUM FIKIH TERHADAP HADIAH TABUNGAN DAN GIRO DARI BANK SYARI'AH

ALQALAM ◽  
2013 ◽  
Vol 30 (1) ◽  
pp. 1
Author(s):  
Muhammad Nadratuzzaman Hosen ◽  
Deden Misbahudin Muayyad
Keyword(s):  
Islamic Law ◽  
Islamic Banks ◽  
Islamic Bank ◽  
Literature Reviews ◽  
The Gift ◽  
The Status ◽  
The Law

This article explains about the Islamic law of gift from Bank to customers related to saving and gyro accounts of Islamic Bank. The Islamic Banks give gift directly  and  indirectly  to  new  ettstomers  and  old  customers  through drawing  (qur'ah) or lottery and non-drawing. There are disputes (ikhtilaf) among Islamic Law  Experts (Fuqaha’) about the status of law when Islamic Banks give the gift. Hanafi and  Syafi'i  Schools  of thought  opined  that  the gift  can  be given  to  the customers as long as there is no agreement between bank and costomers meanwhile the banks still have a debt to consumers, this is permissible. Maliki and Hanbali schools opined that the gift is not permissible during the time of borrowing and lending. Majority Islamic Exsperts allow to give gift after banks have already paid­ back the debt to consumers as long as there is no agreement between bank and cusiomers, but Maliki School do not allow lo give gift at that condition. Also, for giving gift should free from gambling or elements of gambling (muqamarah).  The method of this article is using literature reviews from classical Islamic Law's books and contemporary Islamic law's books related to drawing or lottery and gambling, meanwhile the aims if this mticle are to investigate the law status if gift from bank to new customers and old customers with direct and indirect ways.   Keywords : gift, saving and gyro accounts, disputes, drawing and elements of gambling

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

KEBIJAKAN KRIMINALISASI DALAM UNDANG-UNDANG DI BIDANG POLITIK

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani
Keyword(s):  
Criminal Law ◽  
Administrative Law ◽  
Moral Values ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
The Law

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.

Index of suicide risk in Mexico using Twitter

2019 ◽  
pp. 1-13
Author(s):  
Luz Judith Rodríguez-Esparza ◽  
Diana Barraza-Barraza ◽  
Jesús Salazar-Ibarra ◽  
Rafael Gerardo Vargas-Pasaye
Keyword(s):  
Social Networks ◽  
Analytic Hierarchy Process ◽  
Suicide Risk ◽  
Opinion Mining ◽  
Real Data ◽  
Analytic Hierarchy ◽  
Specialized Care ◽  
The Analytic Hierarchy Process ◽  
Hierarchy Process

Objectives: To identify early suicide risk signs on depressive subjects, so that specialized care can be provided. Various studies have focused on studying expressions on social networks, where users pour their emotions, to determine if they show signs of depression or not. However, they have neglected the quantification of the risk of committing suicide. Therefore, this article proposes a new index for identifying suicide risk in Mexico. Methodology: The proposal index is constructed through opinion mining using Twitter and the Analytic Hierarchy Process. Contribution: Using R statistical package, a study is presented considering real data, making a classification of people according to the obtained index and using information from psychologists. The proposed methodology represents an innovative prevention alternative for suicide.

Sa1343 CLASSIFICATION OF AUTOIMMUNE GASTRITIS BASED ON THE STATUS OF POLYGLANDULAR POLYGLANDULAR AUTOIMMUNE SYNDROME

2020 ◽  
Vol 158 (6) ◽  
pp. S-324-S-325
Author(s):  
Takahisa Furuta ◽  
Takuma Kagami ◽  
Mihoko Yamade ◽  
Takahiro Suzuki ◽  
Tomohiro Higuchi ◽  
...  
Keyword(s):  
Autoimmune Gastritis ◽  
Polyglandular Autoimmune Syndrome ◽  
Autoimmune Syndrome ◽  
The Status

scholarly journals Challenging the Status Quo through Social Influence: Changes in Sustainable Consumption through the Influence of Social Networks

2021 ◽  
Vol 13 (10) ◽  
pp. 5513
Author(s):  
Iljana Schubert ◽  
Judith I. M. de Groot ◽  
Adrian C. Newton
Keyword(s):  
Social Networks ◽  
Social Network ◽  
Social Influence ◽  
Food Consumption ◽  
Status Quo ◽  
Injunctive Norms ◽  
Sustainable Food ◽  
Consumption Choices ◽  
The Status ◽  
Consumption Practices

This study examines the influence of social network members (versus strangers) on sustainable food consumption choices to investigate how social influence can challenge the status quo in unsustainable consumption practices. We hypothesized that changes to individual consumption practices could be achieved by revealing ‘invisible’ descriptive and injunctive social norms. We further hypothesized that it matters who reveals these norms, meaning that social network members expressing their norms will have a stronger influence on other’s consumption choices than if these norms are expressed by strangers. We tested these hypotheses in a field experiment (N = 134), where participants discussed previous sustainable food consumption (revealing descriptive norms) and its importance (revealing injunctive norms) with either a stranger or social network member. We measured actual sustainable food consumption through the extent to which participants chose organic over non-organic consumables during the debrief. Findings showed that revealed injunctive norms significantly influenced food consumption, more so than revealed descriptive norms. We also found that this influence was stronger for social network members compared to strangers. Implications and further research directions in relation to how social networks can be used to evoke sustainable social change are discussed.

scholarly journals Belt v Lawes and the Meaning of Authorship

2021 ◽  
pp. 174387212110268
Author(s):  
Amitpal C. Singh
Keyword(s):  
Royal Academy ◽  
Artistic Process ◽  
Vanity Fair ◽  
The Status ◽  
Historical Episode ◽  
The Law

The 1882 Belt v. Lawes libel trial centered around aesthetic questions, of precisely the kind that judges usually seek to avoid. The occasion for the dispute was an article in Vanity Fair by Charles Lawes, asserting that Richard Belt, a sculptor and member of the Royal Academy of Arts, relied on his assistants to do his work. At trial, Lawes proposed an artistic skills test of sorts, suggesting that Belt verify his abilities by executing a sculpture in the courtroom. This evidentiary drama, and the aesthetically freighted-arguments mustered by the parties at trial, make it a fruitful historical episode to study conceptions of authorship and the artistic process, the development of modern copyright doctrine, and the status of expert artistic testimony in the law.

Formation and development of a Special part of criminal law in the period of the X – beginning of the XX century

2021 ◽  
pp. 150
Author(s):  
Ruslan G. Aslanyan
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Institutional Structure ◽  
Historical Aspects ◽  
Literary Sources ◽  
Special Part ◽  
The Law

The article examines the historical aspects of the formation and development of a Special part of the Russian Criminal Law. The analysis is based on legal monuments of the X - beginning of the XX century and literary sources. The research is developing in three main directions: a) the ratio of the law and other forms of expression of criminal law prescriptions (here the process of transition from customs to the law as the only means of expressing criminal law norms is revealed); 2) types and system of criminal laws (here the transition from intersectoral laws to the formation of a specialized Criminal Code is shown); 3) systematization of criminal law regulations (here the issues of classification of crimes and structuring of criminal law institutions are revealed). As the main result, it is summarized that by the beginning of the XX century, the idea of creating an independent criminal law was not only implemented in the country, but also, firstly, the principle of its pandect structure was put into practice, suggesting the isolation of its Special part in the structure of the Code and, secondly, the principle of building the most Special part, based on the institutional structure of the industry and the content of goods protected by law.

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