scholarly journals The Subject of the Prosecutor's Activity in Court Proceedings on Cases Involving Changing a Convict’s Type of Correctional Institution

2020 ◽  
Vol 17 (3) ◽  
pp. 377-385
Author(s):  
Nikolai Tyufyakov ◽  
Andrei Khomyakov
Keyword(s):  
Legal Status ◽  
Correctional Institution ◽  
Main Research ◽  
Constitutional Principle ◽  
Judicial Practice ◽  
Legitimate Interests ◽  
The Subject ◽  
Court Proceedings ◽  
Definition Of ◽  
The Individual

The relevance of the work consists in the clearest definition of the subject of Prosecutor's supervision when the court considers materials on changing a convict’s type of correctional institution. The Prosecutor's office's supervision of the execution of sentences in places of deprivation of liberty should be aimed at unconditionally observing the rights and legitimate interests of persons serving criminal sentences, however, there are still serious problems in correctional institutions that negatively affect the implementation of the tasks and goals of criminal punishment. The reason for this is still cases of “superficial” and non-professional approach to the study of the personality of convicts who are subjects of legal relations that occur when their behavior changes (in a positive or negative direction) in places of deprivation of liberty. The Prosecutor's supervision and its activities in this regard are considered as one of the guarantees of the rights of convicts to improve their legal status, which fully implements the constitutional principle of respect for the dignity of the individual, humanism, justice and the rule of law. The materials of Prosecutor's checks, judicial practice, analysis of statistical materials, materials of dissertations, monographs and journals included in the international global scientific databases studied in the course of the research allowed us to determine the most effective ways to solve the problems considered. These include the need for direct, timely and step-by-step participation of prosecutors in this process, as well as high requirements for their professional and personal qualities. The selection and analysis of these factors allowed the authors to determine in detail the subject of the Prosecutor's activity in the mentioned study – it is an active and qualified activity of the Prosecutor (Prosecutor's supervision) in the field of criminal enforcement legislation, aimed at identifying, preventing (preventing) and eliminating violations of the rights and legitimate interests of convicted persons serving a sentence of imprisonment. The main research methods used were: analysis of theoretical and regulatory sources; comparison; generalization and analysis of documents. Their application allowed the author to analyze the subject in question in the relationship and interdependence of its constituent elements, their integrity, comprehensiveness and objectivity.

The Autobiographical Subject and the Death Penalty

2013 ◽  
Vol 35 (2) ◽  
pp. 165-187
Author(s):  
E. S. Burt
Keyword(s):  
Death Penalty ◽  
First Person ◽  
Philosophical Investigation ◽  
The Subject ◽  
Definition Of ◽  
The Individual

Why does writing of the death penalty demand the first-person treatment that it also excludes? The article investigates the role played by the autobiographical subject in Derrida's The Death Penalty, Volume I, where the confessing ‘I’ doubly supplements the philosophical investigation into what Derrida sees as a trend toward the worldwide abolition of the death penalty: first, to bring out the harmonies or discrepancies between the individual subject's beliefs, anxieties, desires and interests with respect to the death penalty and the state's exercise of its sovereignty in applying it; and second, to provide a new definition of the subject as haunted, as one that has been, but is no longer, subject to the death penalty, in the light of the worldwide abolition currently underway.

The Legal Status of Cryptocurrencies in the Russian Federation

2018 ◽  
Vol 11 (2) ◽  
pp. 129-137 ◽  
Author(s):  
E. L. Sidorenko
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Status ◽  
Virtual Currency ◽  
Content Analysis Method ◽  
Crypto Currency ◽  
The Subject ◽  
The Russian Federation ◽  
Historical Comparative ◽  
Definition Of

The paper focuses on the definition of the legal status of the cryptocurrency in the framework of the current Russian legislation. The subject of the research is the principal scientific and practical approaches to determining the object of civil rights and the object of acquisitive crimes in terms of their adaptability to cryptocurrencies. The purposes of the work were the search for a universal algorithm for resolving civil disputes related to the turnover of the crypto currency, and the qualification of the virtual currency theft (fraud). By using historical, comparative legal and dialectical methods as well as the content analysis method parallels between cryptocurrencies and individual objects of civil rights (a thing, property rights, other property) were drawn, and a number of options for qualifying the actions related to the non-repayable withdrawal of the cryptocurrency were proposed. Finally, the paper analyzes the draft laws prepared by the RF Ministry of Finance and the Central Bank of the Russian Federation and presents the author’s vision of the prospects for legalizing the cryptocurrency as an object of civil rights.

scholarly journals Definition of actors of administrative and legal support of information security in the customs area

2020 ◽  
Vol 3 (3) ◽  
pp. 294-299
Author(s):  
Turhut Salayev
Keyword(s):  
Information Security ◽  
Local Governments ◽  
Legal Status ◽  
General Information ◽  
Legal Doctrine ◽  
Theoretical Understanding ◽  
The Subject ◽  
The Difference ◽  
Definition Of ◽  
Broad Approach

The article deals with scientific and theoretical understanding and the provision of the definition of the category "actors of administrative and legal support of information security in the customs area". The author has disclosed and analyzed the provisions of the administrative and legal doctrine of the above questio, besides, the problematic issues of the definition of "subjects of administrative and legal support of information security in the customs sphere" are identified, andthe necessity of distinguishing this concept from other related concepts and categories is defined. Disclosing issues of actors of administrative and legal support of information security in the cus-toms sphere, it is necessary to avoid substitution of concepts and clearly understand the difference between the concepts of "institutional mechanism of administrative and legal support of information security in customs" and "state mechanism of administrative and legal support of information security in the customs sphere "from the concept of" subjects of administrative and legal support of information security in the customs sphere ". After all, the concept that is the subject of our study, of all the above, has the most comprehensive and broad scope and meaning. That is why, disclosing a set of subjects of administrative and legal support of information security in the customs sphere, it is advisable to apply a broad approach to understanding this category, given that among such subjects must be considered non-state subjects. objects - local governments, public organizations, etc. Because without their activities such a list will not be complete, and the mechanism of administrative and legal support of information security in the customs sphere will not be such that covers all possible spheres of public life and methods of information security. The current general information and administrative legislation, as well as special legislation gov-erning the procedure of customs, is considered in order to more clearly disclose the features and legal status of the actors of administrative and legal support of information security in the customs area. Each of these entities plays an appropriate role and occupies the necessary place in the system of national security of Ukraine, information security of Ukraine in general and information security in the customs area in particular. This role can be described as the implementation of general control over information security in the customs area, as well as taking measures to respond to violations of information legislation and the emergence of threats to information in the customs area within the powers defined by law. At the same time, the administrative and legal provision of information security is carried out directly by the customs authorities.

scholarly journals FORENSIC CHARACTERISTICS OF THE OFFER, PROMISE OR THE PROVISION OF IMPROPER BENEFITS: THE SUBJECT-MATTER OF A CRIME

2020 ◽  
pp. 19-25
Author(s):  
Г. О. Гончарук
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Intangible Assets ◽  
Criminal Code ◽  
Local Currency ◽  
Judicial Practice ◽  
Proposal A ◽  
The Subject ◽  
Definition Of

The article is devoted to the definition of the subject-matter of such corruption crimes as a proposal, a promise or the provision of an undue benefit (stipulated in Article 369 of the Criminal Code of Ukraine). The normative legal acts, forensic scientific literature, and also the analysis of judicial practice are studied. It is ascertained that to the subjects of the proposal, the promise or the provision of undue benefits, that is, the crimes provided for in Art. 369 of the Criminal Code of Ukraine can be classified as: a) cash, b) benefits, c) benefits d) services, e) intangible assets, f) other property. Taking into account the following forming properties, it is expedient to subdivide the objects of the offer or the promise of improper benefit to the official for real and symbolic. In accordance with the analysis of judicial practice, the average subject-matter of a proposal, promise or provision of improper benefit to an official is cash in local currency (UAH) in the amount of UAH 6286.70.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

Features of Financial and Legal Incentives of Investment Activities in the Regions

2018 ◽  
Vol 9 (1) ◽  
pp. 210
Author(s):  
Nikita K. POPADYUK ◽  
Olga V. PANINA ◽  
Sergey G. EREMIN ◽  
Andrey I. GALKIN ◽  
Alexander A. SAVELYEV
Keyword(s):  
Financial Incentives ◽  
Russian Regions ◽  
Investment Activity ◽  
Scientific Methods ◽  
Judicial Practice ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
General Scientific ◽  
The Subject ◽  
Definition Of

Research of features of financial and legal incentives of investment activities in the regions. Methodological basis of the study raised issues were the following: general scientific methods of cognition generalization, analogy, analysis and synthesis, elaboration, comparison, logical method, etc. Conducted interdisciplinary analysis of literature and sources on stimulating investment activities, with particular emphasis given to the Institute financial and legal incentives. Formed the author's definition of the term ʼfinancial and legal stimulus of investment activity of regionsʼ. Studied types of financial and legal incentives of investment activities of the regions. Analyzed regional legislation and judicial practice on the subject of study places financial incentives in the legal field of regional legislation. Identified conflicts in the system of financial and legal incentives of investment activities of the regions. A proposal to optimize the preliminary control of the Prosecutor's offices of the legality of the investment legislation, in particular, the structure of which has different financial and legal incentives of investment activities in Russian regions.

Tendencies of Development of Legal Regulation Emission and Turnover Bonds in the Legislation of Poland

10.12737/397 ◽  
2013 ◽  
Vol 1 (1) ◽  
pp. 0-0
Author(s):  
Андрей Богустов ◽  
Andrei Bogustov
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Securities Market ◽  
Concept Definition ◽  
Current Trends ◽  
The Subject ◽  
Definition Of ◽  
Debt Holders

The subject of research is the notion and the features of a bond as a subject of the Polish civil law. The aim of research is the exposure of the current trends of legal regulation of bond issue and handling on example of the legislation of Poland. The methodological basis of the research contains the comparative law approach. In the course of investigation the author has come to the conclusion that the legislation of Poland governing the issue and handling of bonds reflects a number of current trends of the development of civil law as following: the differentiation of legal regulation of the securities market, the unacceptance of the universal concept definition of the term «security», the dematerialization of the securities, the approximation of the legal status of a share and a bond, the enhancement of the measures of the corporation’s shareholders and debt holders protection, the approximation and mutual loanword of the common and continental law countries legislation, the extention of the frame of reference of legal civil rights represented with securities.

scholarly journals Concept and system of criminal and legal consequences of crime commission

2021 ◽  
Vol 2021 (1) ◽  
pp. 126-136
Author(s):  
Yuriy Pudovochkin
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Criminal Liability ◽  
Crime Commission ◽  
Starting Point ◽  
Definition Of ◽  
The Individual ◽  
Fundamental Categories ◽  
Almost All ◽  
Legal Consequences

A significant problem of modern criminal law science is the definition of its fundamental categories to which the “criminal and legal consequences” category belongs. The theme of criminal and legal consequences of committing a crime is still weakly developed. Nevertheless, the content of almost all theoretical constructions associated with criminal and legal measures, criminal punishment and criminal liability depends on its solution. The author suggests his idea of the system of criminal and legal consequences based on the system interpretation of law and formal and logical analysis of criminal law norms. The system comprises: a) consequences of commission of a crime such as discharges and implementation of criminal liability; consequences of commission of other criminal and related acts and appearing of criminal and relevant events that influence correction of the legal status of the individual having committed a crime. The starting point in the development of the system appeared to be understanding of the terms «crime» and «consequence» in the context of criminal and legal relations theory and legal factors of criminal law. It is also noted that the system of criminal and legal consequences of crime commission can be viewed as a part of the consequence crime commission system which includes both actually legal and extra-legal consequences.

scholarly journals Goods and property as subject and object of accounting: economic, legal and philosophical aspects

2020 ◽  
pp. 20-32
Author(s):  
Volodymyr HOLOVACH ◽  
Tetiana HOLOVACH
Keyword(s):  
Economic Theory ◽  
Economic Activity ◽  
Cognitive Activity ◽  
Economic Resources ◽  
Philosophical Concept ◽  
Property Relations ◽  
The Subject ◽  
Self Knowledge ◽  
Definition Of ◽  
The Individual

The issue of the subject and objects of accounting are constantly in the center of attention of scientists and is being investigated in various aspects. At the same time the conducted researches are predominantly sustainable and don't exceed the traditional accounting concepts and ideas. It is the definition of the content of the object and the subject of accounting as a science that doesn't agree with the philosophical concept of the interaction of the subject with the object in cognitive activity process. Traditionally in accounting publications the idea of the subject is considered more meaningful than the idea of the object. At the same time the various economic resources, means, sources of their formation, etc. are included to the category of objects. Considering these comments, in the article with using the achievements of modern gnosiology, economic theory, scientific concepts of accounting an attempt is made to determine the content of its subject and objects. With this purpose the analysis of existing researches on the issues of accounting subject and objects in regard to their relationship with the categories of goods and property is done. According to the conceptual provisions of gnosiology, the phenomena and processes of economic activity in regard to accounting in the aspect of interaction of subject with the object are primary, and the acquired knowledge about them is secondary. Therefore it is logical to call the knowledge in regard to goods and property as the subject of accounting as a science. This doesn't contradict the fact that the individual phenomena and processes of economic activity in regard to their self-knowledge can be studied as an object, and the results of scientific research can be called subject when agreement with their inherent commercial properties and property relations, which in their totality form the subject of accounting as a science.

scholarly journals Przyczyny i skutki zjawiska wypalenia zawodowego wśród osób wykonujących zawody służebne

2020 ◽  
Vol 5 ◽  
Author(s):  
Natalia Pytel
Keyword(s):  
21St Century ◽  
Burnout Syndrome ◽  
Negative Consequences ◽  
The Subject ◽  
Definition Of ◽  
The Individual

Wypalenie zawodowe nazywane jest chorobą XXI wieku. Nie ma jednej, ogólnej, międzynarodowej definicji tego zjawiska. Przyczyn wypalenia doszukiwać można się w sferze indywidualnej, interpersonalnej oraz organizacyjnej. Syndrom wypalenia zawodowego niesie za sobą negatywne konsekwencje nie tylko dla samej jednostki, ale także dla jej rodziny i przyjaciół. Przedmiotem badań w poniższym artykule są przyczyny i skutki wypalenia zawodowego wśród osób wykonujących zawody służebne. Causes and effects syndromeof burnout among people to perform profession servants The syndrome of burnout is called a disease of the 21st century. There is no one general, international definition of this phenomenon. The causes can be found in the individual, interpersonal and organizational sphere. Burnout syndrome has negative consequences not only for the individual, but also for his family and friends. The subject of the research in the article below are the causes and effects of burnout among people working in the profession service.

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