scholarly journals Administrative Penology: Modern Research Prerequisites

2021 ◽  
Vol 5 ◽  
pp. 28-33
Author(s):  
Artem N. Deryuga ◽  
◽  
Sergey N. Shaklein ◽  

Administrative punishment is the most important legal “lever” to reduce the level of administrative tort. Hence, it is important to study the issue of increasing the effectiveness of administrative punishment and the formation of a special scientific directionadministrative Penology, the Central element of the subject of which is administrative punishment and those phenomena, events, facts, States and processes that form the legally fixed type and limits of administrativetort sanctions. The need for a comprehensive study of administrative punishment is associated with obtaining the most effective result, designed for the long term, by analyzing the effectiveness of the existing exclusively legal mechanism for the appointment and execution of administrative punishments and searching for reserves of administrative punishment, using the achievements of legal, sociological and psychological Sciences.

THE BULLETIN ◽  
2021 ◽  
Vol 389 (1) ◽  
pp. 252-259
Author(s):  
N. Kh.-A. Rakhmonkulova

The article analyzes international and national guarantee investment activities on the territory of the Republic of Uzbekistan and discusses the issues of the implementation of the rights and legitimate interests of foreign investors using legal guarantee obligations in the national legislation of Uzbekistan. The aim of the study is to study the international mechanism for guaranteeing the repatriation of foreign investors, a comprehensive analysis of the most important international legal mechanisms in this area. The scientific novelty of the research is determined by the fact that the raised problem became for the first time the subject of a special comprehensive study. The author carries out research based on a significant number of international legal acts in the field of international legal guarantees for investment activities, constituent documents of intergovernmental organizations-subjects of international law, conducts a comparative analysis of various aspects of guarantees for investment activities. The novelty of the article is also enhanced by the fact that the author studies in detail the problems of correlation between the international legal and national legal mechanisms for guaranteeing investment activity. In the article, based on the analysis of international legal material, for the first time are investigated: - the international legal mechanism for guaranteeing investment activities, its constituent elements; the operation of multilateral and bilateral agreements in this area; -national legal mechanism for guaranteeing investment activities; To achieve this goal, taking into account the designated subject of research, the following results were obtained in the work: • International legal guarantees have been studied and a legal description to them has been given; • The main aspects of interaction between the international and national legal mechanism for guaranteeing investment activity have been identified;


2018 ◽  
Vol 9 (3(33)) ◽  
pp. 859
Author(s):  
Yulia ARTEMYEVA ◽  
Natalya IVANOVSKAYA ◽  
Valentina KONCHEVA ◽  
Elena SITKAREVA

The purpose of the manuscript is to analyze the trends and peculiarities of contractual regulation of alimony obligations concerning minors in Russia. The authors use a set of philosophical, general and special scientific methods of cognition of theoretical and empirical materials. In the course of the research, a dialectical-materialistic method was used to study the norms of family and civil law in their interrelations, interdependence, contradictions, taking into account all-roundness and objectivity in the study. In order to conduct a comprehensive study of problematic issues, general scientific methods (analysis, synthesis, deduction, induction, systemic) and private-science (comparative-legal, formal-legal, technical-legal, social modeling of the research) methods of cognition are used in the manuscript. The proposed comparative legal study allows for determining the main directions for the following: comprehensive improvement of the legal norms for the protection of the interests of the child in the process of divorcing parents, establishing the subject composition of agreements on the payment of alimony, determining the criteria for taking into account the various factors of participation in the life of the child when calculating the amount of content, developing a system of extra-judicial resolution of material welfare issues of the child during divorce, to optimize judicial practice, create a comfortable atmosphere for the development and upbringing of children.  


2013 ◽  
Vol 295-298 ◽  
pp. 2172-2176 ◽  
Author(s):  
Zhong Mei Liu ◽  
Xu Kun Wang

The research and development situation of environmental governance in the past thirty years may be intuitively acquired with the co-word analysis in the interdisciplinary environmental law. This paper analyzes the research focus and transformation situation of China’s environment governance and law by searching related papers with the subject words “environmental law” in Chinese Journal Full-text Database. The co-word analysis results show environmental law research showed five main knowledge focuses, such as international environmental law, sustainable development, environmental right, participation, and environment conservation. And according to the co-word analysis, environmental law research may be divided into four stages: foundation, prosperity, from theory to practice transformation, and challenge stage of environmental law response to new environment problems. By analysis of the research focus, we can know China’s researchers in the environmental governance policy or law should strengthen the scientific, pertinence and prospective characteristics of environmental law research, make interdisciplinary and comprehensive study combined with China long-term science and technology development.


2019 ◽  
Vol 11 (4) ◽  
pp. 287-291
Author(s):  
Annette L. Gardner ◽  
Peter Bishop

The subject of evaluating foresight work has been around for almost as long as the professional practice itself has, but the field has done little to move closer to a systematic evaluation of its work. This special issue marks the second collection of articles on that project after a special issue of Futures in 2012 (Van Der Duin and Van Der Martin 2012). This issue takes a three-part approach: Part 1: evaluation of foresight in general and evaluation approaches and methods that can support designing an appropriate evaluation; Part 2: evaluation of foresight work in organizations and its impact on long-term thinking and decision-making; and Part 3: evaluation of specific foresight activities—an undergraduate learner foresight experience and a health sector scenario development exercise. The foreword ends with a reflection on the continuing issue of foresight and evaluation.


2011 ◽  
Vol 279 (1733) ◽  
pp. 1560-1566 ◽  
Author(s):  
Lee Koren ◽  
Shinichi Nakagawa ◽  
Terry Burke ◽  
Kiran K. Soma ◽  
Katherine E. Wynne-Edwards ◽  
...  

Potential mechanistic mediators of Darwinian fitness, such as stress hormones or sex hormones, have been the focus of many studies. An inverse relationship between fitness and stress or sex hormone concentrations has been widely assumed, although empirical evidence is scarce. Feathers gradually accumulate hormones during their growth and provide a novel way to measure hormone concentrations integrated over time. Using liquid chromatography–tandem mass spectrometry, we measured testosterone, corticosterone and cortisol in the feathers of house sparrows ( Passer domesticus ) in a wild population which is the subject of a long-term study. Although corticosterone is considered the dominant avian glucocorticoid, we unambiguously identified cortisol in feathers. In addition, we found that feathers grown during the post-nuptial moult in autumn contained testosterone, corticosterone and cortisol levels that were significantly higher in birds that subsequently died over the following winter than in birds that survived. Thus, feather steroids are candidate prospective biomarkers to predict the future survival of individuals in the wild.


1984 ◽  
Vol 25 (1) ◽  
pp. 27-30 ◽  
Author(s):  
Andy J. Gray

This note is devoted to giving a conceptually simple proof of the Invertible Ideal Theorem [1, Theorem 4·6], namely that a prime ideal of a right Noetherian ring R minimal over an invertible ideal has rank at most one. In the commutative case this result may be easily deduced from the Principal Ideal Theorem by localizing and observing that an invertible ideal of a local ring is principal. Our proof is partially analogous in that it utilizes the Rees ring (denned below) in order to reduce the theorem to the case of a prime ideal minimal over an ideal generated by a single central element, which can be easily dealt with by adapting the commutative argument in [8]. The reader is also referred to the papers of Jategaonkar on the subject [5, 6, 7], particularly the last where another proof of the theorem appears which yields some additional information.


2012 ◽  
Vol 13 (4) ◽  
pp. 312-332
Author(s):  
Malcolm Abbott

Throughout much of the history of the electricity industry in Australia and New Zealand the industry has been the subject of safety regulations. Although this regulation has been a constant throughout the life of the industry the organizational approach to regulation has changed over the years. Periodically in Australia and New Zealand history these questions have been raised in a political context, although notably the structure of safety regulators does not get much attention in the standard histories of the industry. The purpose of this paper, therefore, is to discuss some of the general issues that have arisen in the reform of regulation in the case of electricity safety over the longer term and how it relates overall to the development of the electricity industry.


2011 ◽  
Vol 3 (1-2) ◽  
pp. 68-83 ◽  
Author(s):  
Laryssa Chomiak

In their search for explanations for the so-called Tunisian paradox under Ben Ali –a country with comparatively high levels of socio-economic development, yet plagued by the absence of a civil society that could push for political liberalization–analysts primarily investigated the gradual co-optation of political institutions and actors. As research and analytical agendas were consumed by the robustness of Ben Ali’s authoritarian state, little attention was paid to the development of informal and extra-institutional political activities that existed even under deepening political repression. In hindsight, many of these informal activities clearly contributed to the December 2010-January 2011 nation-wide campaign, which eventually led to the Arab World’s fi rst bottom-up revolution ousting an unpopular and illegitimate ruler. Th is article will engage two stories about the Tunisian Revolution that later inspired protests and contentious activities across the Middle East and North Africa. First, it will tell a back-story of contentious activities preceding the January 2011 events that surprised observers, scholars and analysts–even those familiar with the Tunisian case. Second, this article will discuss some of most pressing political dynamics that have emerged in the post-revolutionary (and pre-October 2011 election) environment. The concluding section will subsequently identify avenues for short and long-term research on the subject of contestation, resistance, and the construction of a new political order.


2021 ◽  
Vol 62 (1) ◽  
pp. 43-80
Author(s):  
Wolfgang S. Heinz

Abstract: This article approaches the matter of institutional reform of the United Nations Human Rights Council from an international relations perspective. A well-known tension exists between State representatives acting for their governments in international organisations, but whose decisions are presented as UN policies. The latter should be guided primarily by the UN Charter and public international law. However, in reality, different worldviews and foreign policy considerations play a more significant role. In a comprehensive stock-take, the article looks at four major dimensions of the Council, starting with structure and dynamics and major trends, followed by its country and thematic activities, and the role of key actors. Council reform proposals from both States and civil society are explored. Whilst the intergovernmental body remains the most important authority responsible for the protection of human rights in the international sphere, it has also been the subject of considerable criticism. Although it has made considerable progress towards enlarging its coverage and taking on more challenging human rights crises, among some of its major weaknesses are the election of human rights-unfriendly countries into its ranks, the failure to apply stronger sanctions on large, politically influential countries in the South and North, and lack of influence on human rights crises and chronic human rights problems in certain countries. Whilst various reform proposals have emerged from States and NGOs, other more far reaching propositions are under sometimes difficult negotiations. In the mid- to long-term, the UN human rights machinery can only have a stronger and more lasting impact if support from national/local actors and coalitions in politics and society can be strengthened.


Author(s):  
Николай Алексеевич Коломытцев

Наличие значительного уровня рецидива в стране напрямую связано с весьма низкой (до 47 %) раскрываемостью преступлений. Кроме того, высокий уровень рецидива преступлений свидетельствует о том, что применяемое к осужденным уголовное наказание в виде лишения свободы не всегда оказывает на них должное воспитательное и принудительное воздействие. Эта ситуация обусловлена недостатками деятельности администрации учреждений уголовно-исполнительной системы. Пробелы в законодательстве, ошибки в избрании судом вида и срока наказания сказываются на его эффективности. Рост рецидива преступлений связан и с неблагополучной жизненной ситуацией, в которой часто оказываются освобожденные от отбывания наказания. Все сказанное убедительно подтверждает актуальность и научную новизну данной работы. Целью написания данной статьи является попытка определения комплексной реализации борьбы с рецидивом преступлений. Предмет изучения рецидива преступлений определяется важностью существующих ценностей, причиняемым им ущербом и общественным резонансом в отношении этого явления. Методологическую основу работу составил метод познания, общенаучные и частнонаучные методы изучения. При этом использовались труды отечественных и зарубежных правоведов. В статье автор рассматривает историко-правовой, криминологический, уголовно-правовой и уголовно-исполнительный аспекты рецидива преступлений, анализирует законодательство и судебную практику за длительное время. Приводится понятие указанного социально-правового явления, предлагаются определенные направления его предупреждения. Статья представляет интерес для курсантов, слушателей, студентов юридических вузов, преподавателей и сотрудников правоохранительных органов. The high level of relapse in our country depends on the low crime detection rate (less than 47 %). In this context, ineffective penalization measures for offenders in prison can have an impact on recidivism rates. This fact revealed serious deficiencies in the administration of detention facilities. Gaps in legislation, judicial errors in the sentencing proceeds, incorrect type of punishment and penalty negatively affect the itseffectiveness. Difficult circumstances for discharged prisoners might cause the growth of resurgence. Thus, this article devoted to the topical and innovative issue. The aim of this article is to combat and prevent criminal activities in the area of resurgence. The subject matter of recidivism is determinated by the importance of social values, the harm inflicted, and public outcry provoked with this phenomenon. A methodological framework for this research includes the cognition method, common and private methods. The author used native and foreign scholarly writings. The author researches a historical and legal, criminological, criminal and penal reviews of relapse. He analysis legal rules and case law over a long term. “Resurgence of crimes” is defined. Some means of relapse prevention are supposed. The article might be meaningful for the students and tutors of law faculties, and also for the law enforcement officials.


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