scholarly journals QUALIFICATION OF CRIMINAL OFFENSES: THE PROBLEM OF DEFINITION AND METHODOLOGICAL ASPECTS OF THE RESEARCH

2021 ◽  
pp. 125-131
Author(s):  
K. M. Orobets
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Practical Aspect ◽  
Point Of View ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Comprehensive Development ◽  
Definition Of ◽  
Methodological Aspects

The article is devoted to the study of the qualification of criminal offenses. It has been established that this concept is used in criminal and criminal procedural legislation, but there is no formal definition of it. In the science of criminal law, there are different approaches to understanding the concept of qualifications. Based on the analysis of these approaches, the definition of the qualification of criminal offenses has been formulated. According to the author, the qualification of criminal offenses is a process of knowledge and evaluation by the authorized subject of the factual features of a socially dangerous act, isolation of legally significant ones and establishing their compliance with the legal features of a particular corpus delicti of criminal offense, including its distinction from other criminal offenses and from acts that are not criminally illegal, as a result of which the conclusion on the criminal law norm to be applied is substantiated and documented. The main methodological aspects of the study of the qualification of criminal offenses, such as praxeological, epistemological, axiological, hermeneutical, logical, practical, are highlighted. From the point of view of praxeology, the qualification of criminal offenses is considered as a special kind of human, and in particular legal, activity. In the epistemological aspect, the qualification of criminal offenses is the cognitive activity of the law enforcer. In the axiological aspect in the process of qualification the assessment of factual signs and the committed act as a whole is carried out, and also in the presence of estimation concepts in criminal law their maintenance is defined. The hermeneutic aspect of the study of the qualification of criminal offenses is to study the understanding and interpretation of criminal law. The comparison of the factual features of the committed act and the features of the specific composition of the criminal offense should be carried out using the laws, forms and methods of logic. The practical aspect of the study of the qualification of criminal offenses covers the material and procedural problems of accuracy, correctness of qualification in terms of content and form. It is concluded that the study of these aspects contributes to a deeper understanding of the concept under study. The multidimensional approach to the qualification of criminal offenses contributes to the further comprehensive development of qualification rules and substantiation of proposals for improving the practice of applying the criminal law.

scholarly journals Objective and Subjective in Social Danger of Crime

2019 ◽  
pp. 51-60
Author(s):  
Lyubov Lobanova ◽  
Alexey Rozhnov
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Criminal Code ◽  
Point Of View ◽  
The Public ◽  
The Social ◽  
The Law ◽  
Subjective Phenomenon ◽  
Type Of Behavior

Social danger as a sign of crime was traditionally included in its definition in the Soviet criminal laws and is also mentioned in Part 1 of Article 14 of the current version of Criminal Code. However, with considerable attention to legal science, paid to the knowledge of this phenomenon, the social danger is not a fully studied phenomenon. Thus, the dialectic of the relation between the objective and the subjective in the social danger did not receive a uniform resolution. Social danger is the characteristic of human behavior, assessed by other people through their perceptions of the dangerous and useful, and it leaves its mark when applying the categories of objective and subjective. Being a subjective reality according to the source of its origin (man) and the product of human consciousness, social danger, however, exists objectively - in supra-individual forms and connections that form a society in the system. Hence the social danger is a special kind of objectively subjective phenomenon. The objectivity of public danger is also indicated by the fact that it is the subject of the cognitive activity of the legislator and can exist outside the legal field, without prohibiting the corresponding type of behavior in the law. The subjective properties are growing in social danger through the knowledge of the public danger of an act by the subjects united by the collective notion "legislator". Moreover, subjectivity increases as a result of mistakes made by the legislator,it's a kind of lawmaking "negligence". Acts reflected in criminal law are not always socially harmful from the point of view of the whole society. There are also prohibitions that protect purely class and group interests, which also expand the scope of the subjective in the analyzed phenomenon. The Law initially arose to protect people from themselves, as a condition of their reproduction. At the same time, even with the human development, this mission of the law still exists, and there is always a certain proportion of "eternal crimes" in the law, which is prohibited to commit in order to protect fundamental human values (life, health, sexual freedom and integrity, property). However, in the criminal law of any society there is a so-called "variable part", where prohibitions declare certain actions to be socially dangerous only at a certain stage of the state's historical development. The combination of "eternal" and "variable" crimes in criminal law also indicates the objectively subjective nature of the phenomenon of public danger.

scholarly journals CRIMINALISTIC METHODICS IN THE SYSTEM OF CRIMINALISTIC THEORY

2019 ◽  
Vol 19 (1) ◽  
pp. 58-73
Author(s):  
V. Terehovich ◽  
T. Nimande
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Social Knowledge ◽  
Criminal Investigation ◽  
Criminal Offense ◽  
Types Of Knowledge ◽  
Criminal Offenses ◽  
Material Reality ◽  
Investigation Technique ◽  
Necessary And Sufficient

The term “criminal investigation technique” has two meanings in the scope of Theory of Criminalistics. The first meaning of the term is used for disclosure of one of regulatory means in Criminalistics cognition - criminal investigation technique cognition. This meaning of Criminalistics technique is disclosing in the limits of structure of the process of Criminalistics cognition. The second meaning of the term “Criminalistics technique” is disclosing in the limits of description of the system of cognitive activity in the sphere of applying criminal law. During disclosure of the second meaning of the term “Criminalistics technique” we are pointing out that, first of all, it is the system of knowledge, used for organization of investigation of the event of criminal offense, id est, knowledge necessary and sufficient for getting new knowledge about the event of criminal offense. Knowledge acquired and used during applying criminal law in Latvia is knowledge of substantiate but not of faith nature. This knowledge is collective (sociable) knowledge and manifests itself during rationalization of investigation of the event of criminal offense. Personal knowledge manifests itself only during the stage of optimization of investigation of the event of criminal offense. It is necessary to differentiate knowledge about criminal offense as knowledge about theoretical construction in criminal law and knowledge about the event of criminal offense as knowledge about phenomenon of fragment of material reality, which is evaluated as criminal offence. Knowledge about criminal offense (about corpus delicti) and linked circumstances as theoretical constructions in criminal law is collective (common, social) knowledge. This knowledge is gained by the person investigating the event of the criminal act in the course of long legal education. Knowledge about the event of criminal offense is got during another cognition activity - investigation (cognition) of specific event of criminal offense. This knowledge is domain for other people, id est, collective (common, social) knowledge and it is fixed in the materials of criminal case. Theoretical knowledge, necessary for reasonable process of investigation of the event of criminal offense, encloses two types of knowledge (primary and guiding) about rationalization of the activity. Criminalistics techniques (system of knowledge about organization of Criminalistics activity) as subbranch of Criminalistics theory is fulfilling methodological function for developing of techniques for organization of investigation of separate types of criminal offenses. Keywords: Criminalistics theory, criminalistics techniques, organization of investigation of the event of criminal offense.

Characteristic of basic tools of mobile learning in informatics

2021 ◽  
pp. 9-13
Author(s):  
I. V. Izhdeneva
Keyword(s):  
Mobile Devices ◽  
Mobile Learning ◽  
Cognitive Activity ◽  
Point Of View ◽  
Learning Tools ◽  
Difficult Situation ◽  
Characteristic Features ◽  
Definition Of ◽  
Almost All ◽  
Educational Potential

The article actualizes the possibilities of mobile learning based on the use of mobile devices and technologies available to almost all students. Various approaches to the definition of the concept of "mobile learning" are analyzed, including techno-centric and information-centric approaches. The concept of mobility as one of the attributes of learning tools is revealed. The importance of mobile learning in the current difficult situation of distance learning during the pandemic is substantiated. The characteristic features of mobile learning are highlighted, affecting its main functions, learning tools and independence from the time and place of learning. Possible directions for the implementation of mobile learning are characterized, from simple transfer of educational content to compliance with basic educational theories. From the point of view of the functioning and directions of development of mobile learning, its basic principles in teaching informatics are formulated. The types of students' activities are briefly characterized; some advantages of mobile learning are highlighted and its features as visualization, interactivity, efficiency of use in teaching children with disabilities are characterized. Some popular educational apps for mobile devices are considered, their characteristics are given, and their educational potential is revealed. Examples of mobile applications are given, the use of which in informatics lessons will help to activate the educational and cognitive activity of students and stimulate them to engage in informatics, coding and robotics.

scholarly journals PRESUMPTION IN MODERN LAW: CONCEPT AND LEGAL MEANING

2021 ◽  
Vol 31 (1) ◽  
pp. 70-80
Author(s):  
E.A. Anchishina
Keyword(s):  
Russian Federation ◽  
Practical Aspect ◽  
Point Of View ◽  
Judicial Practice ◽  
Legal Provisions ◽  
The Supreme Court ◽  
Simultaneous Existence ◽  
The Russian Federation ◽  
Definition Of ◽  
Legal Meaning

This article presents an analysis of the main existing approaches to the definition of the concept of legal presumption and its essence (logical-philosophical, legal and normative). The author's point of view on the presumption as a method of legal technique is substantiated, which is reflected both directly and indirectly in regulatory legal acts, as well as in the legal provisions of judicial practice, which is confirmed by specific examples from the Resolutions of the Plenums of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other acts of judicial interpretation. In the course of researching the legal meaning of presumptions, the author highlighted its legal and practical aspect, which is expressed in overcoming the state of uncertainty regarding the existence of certain legal phenomena by fixing a certain assumption and, as a result, releasing a person interested in recognizing the existence of a fact from proving this existence. Particular attention is paid to the problem of determining the limits of the application of various legal presumptions and the admissibility of their simultaneous existence on the example of presumptions in civil law.

scholarly journals Pedagogical and Methodological Aspects of Non-Invasive Monitoring (case of Teaching Mathematics at School and University)

2020 ◽  
pp. 113-145
Author(s):  
Anton Chukhnov ◽  
◽  
Sergei Pozdnyakov ◽  
Keyword(s):  
Learning Process ◽  
Information Technologies ◽  
Educational Process ◽  
Point Of View ◽  
Invasive Monitoring ◽  
Non Invasive ◽  
Strategic Goals ◽  
Definition Of ◽  
Properties Of Information ◽  
Methodological Aspects

The development of information technologies makes it possible to record a large amount of data in the learning process, both on the results of performing educational operations and on the psychophysical characteristics of students. In this regard, a number of ethical, pedagogical and methodological problems arise. Among them are the disproportionate control actions to the volume and properties of information retrieved during monitoring and problems associated with ensuring the information security of the student. In contrast to natural monitoring, monitoring the management of teaching has as an object of training a person, who can be considered, from the point of view of management, as a highly organized information system. The article is devoted to the study of the problem of non-invasive monitoring, involving the redirection of most of the monitoring information to the student himself. As a definition of non-invasive monitoring, the following is proposed: non-invasive monitoring is a type of pedagogical feedback that is used exclusively for correcting the student’s actions and is prohibited from using to control the effectiveness and transfer the results outside class. The article analyzes 15 different teaching paradigms, which are explicitly or implicitly adhered to by teachers, organizing the educational process, from the point of view of compliance with the tasks of non-invasive monitoring. The methodological aspects of the implementation of non-invasive monitoring from the point of view of computer support of the learning process are also analyzed. It is shown how non-invasive monitoring can be supported by software that provides active interaction of the student with the subject environment and gives the teacher more freedom in planning and achieving strategic goals of managing the educational process.

scholarly journals Formation of national self-consciousness of future musical art teachers in the process of their professional training

2021 ◽  
Vol 104 ◽  
pp. 03012
Author(s):  
Vasyl Kovalchuk ◽  
Tetiana Aheikina-Starchenko ◽  
Nataliia Chorna ◽  
Svitlana Iskra
Keyword(s):  
Cultural Values ◽  
Professional Training ◽  
Art Teachers ◽  
Self Esteem ◽  
Point Of View ◽  
Training Process ◽  
Professional Activities ◽  
Special Knowledge ◽  
Definition Of ◽  
Methodological Aspects

The authors of the paper analyze the definition of “national self-consciousness” and outline its structure, which includes self-esteem, socio-psychological expectations, and self-identification. From the point of view of the authors of the paper, the national self-consciousness of future musical art teachers includes three interrelated components. They are: an information-cognitive one, which involves mastering the system of general knowledge and special knowledge, as well as the possession of certain information regarding one's own self-identification; an emotional and value one, which reflects patriotic feelings, the desire for the national ideal, the value attitude towards the Ukrainian cultural heritage; and a reflexive and activity one, which characterizes the awareness of the nationality, awareness of oneself as a bearer of cultural values and heritage of the nation, and awareness of one's role in future professional activities. As a result of the analysis of the researches on the problem under our consideration, we made some conclusions about the ways of forming the national selfconsciousness of young people. The authors of the paper conducted a pedagogical experiment that allowed identify methodological aspects and suggest forms and methods that should be used in the training process to form the national self-consciousness of future teachers of musical art.

Criminal offenses of terrorist direction in criminal legislation of foreign countries

2021 ◽  
pp. 181-188
Author(s):  
Serhii Repetskyi
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Educational Process ◽  
Practical Significance ◽  
Criminal Offenses ◽  
Foreign Countries ◽  
Special Part ◽  
Illegal Acts ◽  
Definition Of ◽  
Criminal Legislation

Purpose. The purpose of the work is to study the criminal offenses of terrorism in the criminal law of foreign countries and to outline the limits of the use of its positive assets. The methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and formulation of relevant conclusions. The following methods of scientific cognition were used during the research: comparative-legal, logical-grammatical, system-structural, modeling. Results In the course of the research it was recognized that in the criminal legislation of foreign countries there is no single approach to the definition of criminal offenses of terrorist orientation. In most European countries, prosecution is provided not only in the criminal code, but also in special laws to combat this phenomenon. At the same time, increased attention is paid to the fight against terrorist financing and incitement to terrorism. Also noteworthy is the attribution to terrorism of a significant number of illegal acts, which without a terrorist purpose constitute independent criminal offenses (murder, bodily harm, riots, robbery, damage to important public buildings, kidnapping, etc.). Scientific novelty. In the course of the research it is scientifically substantiated to divide the legislation on liability for criminal offenses of terrorist orientation into three models: 1) complex (combination of criminal law and specially defined for counter-terrorism legislation); 2) criminal law; 3) criminological, in which the fight against terrorism is reflected only in specialized legislation. Practical significance. The results of the study can be used in law-making activities in further improving the national criminal law on terrorist offenses, as well as in the educational process during the teaching and study of disciplines "Special part of criminal law of Ukraine" and "Criminology".

A SIGNIFICANT THREAT TO OTHER INTERESTS AS A CRITERION FOR SUBSTANTIAL HARM AT CRIMINAL LAW

2019 ◽  
Vol 4 (85) ◽  
pp. 23
Author(s):  
Jurijs Lomonovskis
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Direct Object ◽  
Legal Doctrine ◽  
Criminal Offense ◽  
Basic Composition ◽  
Criminal Offenses ◽  
Additional Object ◽  
Court Practice

The aim of the article “A significant threat to other interests as a criterion for substantial harm at criminal law” is to examine the problems of understanding the concept of “substantial harm” in criminal law; to analyse whether the “significant threat to other interests” component of substantial harm is properly understood in practice. The lack of understanding of the concept determines the topicality of the article. To reach the goal of the article, such tasks are solved: 1. to consider the historical development of a law framework of “substantial harm”; 2. to get acquainted with the types of substantial harm in criminal law; 3. to compare the court practice with the basic legal doctrine; 4. to make a statement about the content of the concept of “significant threat to other interests” both in the framework of basic and qualifying criminal offenses. The article consists of 5 parts: introduction, understanding concept of other interests protected by law, connection of other interests protected by law with the direct object of the criminal offense, threat of other interests protected by law as qualifying attribute, conclusions. The novelty of the article is related to the lack of research into substantial harm problems in criminal law. The conclusions of the article are about court practice does not correspond to the basic of legal doctrine. In the conclusion of the article, the author expresses the thesis for basic composition of criminal offense: substantially harmed interests are those in the direct object of the criminal offense; as well as those included in additional objects, if specifically designated by the legislator. Regarding the determination of interests in qualifying composition of a criminal offense, the author of the article expresses the following http://dx.doi.org/10.17770/acj.v4i85.3673 thesis: substantial harm as a characteristic of the composition of a qualified criminal offense indicates the threat of an additional object of a criminal offense.

scholarly journals Robberies and Some Features of the Methodology of Investigating Robberies

2018 ◽  
Vol 3 (4) ◽  
pp. 15
Author(s):  
Duraković Adnan
Keyword(s):  
Police Officers ◽  
Point Of View ◽  
Criminal Investigation ◽  
Criminal Offense ◽  
Bodily Injury ◽  
Criminal Offenses ◽  
Sense Of Security ◽  
Criminal Control ◽  
Technical Measures ◽  
Strategic Goal

Robberies are crimes that particularly negatively and significantly affect the subjective sense of security (but also objective) in society. Special significance of robberies is that they are often on the edge of murder or serious bodily injury. From the criminal law and criminal investigation point of view, robberies range from the so-called "simple" cases in terms of their discovery and clarification to the very serious armed raid on individuals, money transport, legal persons such as banks and other monetary institutions. The suppression of property crimes, especially the part which includes delicts that are carried out using coercion (force and / or threat) like robberies, can be successfully carried out by methods that could be called criminalistic methods. These methods represent a kind of criminalistic engineering - criminal investigation engineering. Criminalistic engineering is all about adjusting criminal investigation tactics, forensic and legal actions and measures to special features of criminal offenses. When carrying out criminal investigation, authorized police officers must constantly take care of the so-called operational criminalistic strategy that rises above the tactical processing of a particular criminal offense, and is aimed at the creation and implementation of a complex of operational-tactical and technical measures and actions with the strategic goal of combating criminality as a whole. This is reflected in the organizational structure of the police and also in the way of criminal control which implies permanent, continuous and systematic penetration and supervision of the so-called the "dark belt" of crime.

scholarly journals Consent in criminal offences against sexual freedom and sexual inviolability of a person

2021 ◽  
pp. 15-17
Author(s):  
Tetiana ZAVHORODNIA
Keyword(s):  
Sexual Violence ◽  
Sexual Intercourse ◽  
Violence Against Women ◽  
Criminal Law ◽  
Criminal Code ◽  
Sexual Freedom ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Voluntary Consent

Introduction. Combating sexual violence still remains one of the most important issues arisen in criminal law study. It should be noted that Istanbul Convention on preventing and combating violence against women and domestic violence is still not ratified by Ukraine, which shall facilitate quality of criminal law concerning criminal offences against sexual freedom and sexual inviolability of a person. The purpose of the paper is to define meaning and content of consent in criminal offenses against sexual freedom and sexual inviolability of a person provided for in Section IV of the Criminal Code of Ukraine. Results. The paper establishes that lack of consent is a constructive sign of rape (article 152 of the Criminal Code), sexual violence (article 153 of the Criminal Code) and coercion to have sexual intercourse (article 154 of the Criminal Code). The ways of solving arisen problems during the qualification of situations in which a person mistakenly believes that consent was given, as well as when consent was not given explicitly, have been determined. It is recommended to clarify the content of "voluntary consent" by indicating in the note to Article 152 of the Criminal Code, actions which shall not indicate voluntariness of consent. The paper notes that using the collocation "without voluntary consent" is superfluous in Articles 153 and 154 of the Criminal Code, since "coercion" and "violence" also indicate absence of voluntary consent. It has been established that consent is a distinguishing feature of a criminal offense provided for in Article 155 of the Criminal Code from Articles 152 and 153 of the Criminal Code, thus sexual intercourse with a person from 14 to 16 years with her consent indicates the commission of a criminal offense under Art. 155 of the Criminal Code. It is proposed to supplement Article 155 of the Criminal Code with the clause “in the absence of signs of criminal offenses under Art. 152 and art. 153 of the Criminal Code”. Conclusion. The paper provides that consent shall be both constructive and distinguishing feature of criminal offences against sexual freedom and sexual inviolability. Several problems of consent in such crimes are defined as well as ways of their solution.

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