scholarly journals Document examination in criminalistics and forensic sciences: New approaches and modern technologies

2021 ◽  
Vol 59 ◽  
pp. 185-195
Author(s):  
Valery Shepitko ◽  
Mykhaylo Shepitko
Keyword(s):  
Criminal Liability ◽  
Forensic Sciences ◽  
Full Potential ◽  
New Paradigm ◽  
New Approaches ◽  
Judicial Proceedings ◽  
Document Examination ◽  
Legal Frameworks ◽  
The Right ◽  
Modern Technologies

Document examination in criminalistics and forensic sciences is an activity required during the investigation and/or judicial proceedings. Using the full potential of investigative actions in document examination is an important source of evidence, which makes it possible to put the crime investigation on the right path. It is extremely important to resolve issues related with the expert examination of documents. Since the technical study of documents is the most common type of forensic studies, the article notes its transformation both towards expanding and restricting its volume. Moreover, the authors give indication of the new paradigm emerging in the examination of documents and their new forms, which highlights the need for developing new approaches and using different techniques and legal frameworks. Another important aspect is the protection of the judicial proceedings from false and erroneous forensic expert reports. To this end, forensic experts are warned of possible criminal liability and are sworn in. It is worth noting that these mechanisms are not always effective and the use of additional legal and managerial

Contemporary Machiavellian theses "The strategy of the role of the absurd state as a model"

2020 ◽  
pp. 3
Author(s):  
Ali Hussein Hameed ◽  
Saif Hayder AL.Husainy
Keyword(s):  
International Relations ◽  
Decision Maker ◽  
Turning Point ◽  
Information Revolution ◽  
Main Hypothesis ◽  
The Subject ◽  
Area Of Influence ◽  
The Right ◽  
Modern Technologies

In the anarchism that governs the nature and patterns of international relations characterized by instability and uncertainty in light of several changes, as well as the information revolution and the resulting developments and qualitative breakthroughs in the field of scientific and advanced technological knowledge and modern technologies.  All of these variables pushed toward the information flow and flow tremendously, so rationality became an indispensable matter for the decision maker as he faces these developments and changes. There must be awareness and rationality in any activity or behavior because it includes choosing the best alternative and making the right decision and selecting the information accurately and mental processing Through a mental system based on objectivity, methodology, and accumulated experience away from idealism and imagination, where irrationality and anarchy are a reflection of the fragility of the decision-maker, his lack of awareness of the subject matter, his irresponsibility, and recklessness that inevitably leads to failure by wasting time and Effort and potential. The topic acquires its importance from a search in the strategies of the frivolous state and its characteristics with the ability to influence the regional, and what it revealed is a turning point in how to adapt from the variables and employ them to their advantage and try to prove their existence. Thus, the problem comes in the form of a question about the possibility of the frivolous state in light of the context of various regional and international events and trends. The answer to this question stems from the main hypothesis that (the aim which the frustrating state seeks to prove is that it finds itself compelled to choose several strategies that start from the nature of its characteristics and the goals that aim at it, which are centered in the circle of its interests in the field of its struggle for the sake of its survival and area of influence).

RIGHT OF ACTION TO CHALLENGE TRANSACTIONS THAT RESULT IN FOREIGN INVESTORS GAINING CONTROL OVER BUSINESS ENTITIES OF STRATEGIC IMPORTANCE

2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV
Keyword(s):  
Public Interest ◽  
Developed Countries ◽  
Foreign Investor ◽  
Foreign Investors ◽  
The Public ◽  
Right Of Action ◽  
Judicial Proceedings ◽  
The Law ◽  
Business Entities ◽  
The Right

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.

Open Democracy

2020 ◽  
Author(s):  
Hélène Landemore
Keyword(s):  
Political Institutions ◽  
Direct Democracy ◽  
New Paradigm ◽  
Democratic Representation ◽  
The People ◽  
Laws And Policies ◽  
The Right ◽  
Turn Over ◽  
The Ideal ◽  
Ordinary Citizens

To the ancient Greeks, democracy meant gathering in public and debating laws set by a randomly selected assembly of several hundred citizens. To the Icelandic Vikings, democracy meant meeting every summer in a field to discuss issues until consensus was reached. Our contemporary representative democracies are very different. Modern parliaments are gated and guarded, and it seems as if only certain people — with the right suit, accent, wealth, and connections — are welcome. Diagnosing what is wrong with representative government and aiming to recover some of the lost openness of ancient democracies, this book presents a new paradigm of democracy in which power is genuinely accessible to ordinary citizens. This book favors the ideal of “representing and being represented in turn” over direct-democracy approaches. Supporting a fresh nonelectoral understanding of democratic representation, the book recommends centering political institutions around the “open mini-public” — a large, jury-like body of randomly selected citizens gathered to define laws and policies for the polity, in connection with the larger public. It also defends five institutional principles as the foundations of an open democracy: participatory rights, deliberation, the majoritarian principle, democratic representation, and transparency. The book demonstrates that placing ordinary citizens, rather than elites, at the heart of democratic power is not only the true meaning of a government of, by, and for the people, but also feasible and, today more than ever, urgently needed.

scholarly journals Co-supervision in postgraduate training: Ensuring the right hand knows what the left hand is doing

2015 ◽  
Vol Volume 111 (Number 11/12) ◽  
Author(s):  
Elly S. Grossman ◽  
Nigel J. Crowther ◽  
◽  
◽  
Keyword(s):  
Best Practice ◽  
Research Training ◽  
Full Potential ◽  
Supervisor Training ◽  
Left Hand ◽  
Roles And Responsibilities ◽  
Training And Supervision ◽  
The Right ◽  
Supervisory Practices ◽  
Supervisory Practice

Abstract South Africa is experiencing a steep rise in postgraduate candidature and a backlog in research training and supervision. Co-supervision is a means to address such challenges. This study investigated how co-supervision could effectively and efficiently be implemented within a Faculty of Health Sciences. Supervisors and postgraduates brainstormed co-supervisory practice to identify: (1) the reasons for co-supervision, (2) what co-supervisors should discuss to facilitate their interactions and (3) how best to initiate the novice supervisor into supervisory practice. Co-supervisors are formally appointed for different reasons and all co-supervisory activities should be directed towards meeting the purpose of that appointment. Points to consider in facilitating a co-supervisor memorandum of understanding and novice supervisor training were discussed. Our findings provide suggestions to develop accountable co-supervisory practices, enhance novice supervisor training and to design discipline-specific best practice policy at institutional level to enable a common understanding of co-supervisory roles and responsibilities. Threats to effective co-supervision identified were the implications of co-supervision in staff promotion, inequitable workload recognition and no official acknowledgement of informal supervisory activities. Unless these issues are addressed, the full potential of co-supervision will remain unrealised. Supervision pedagogy and research teaching is a sophisticated skill worthy of professionalisation.

scholarly journals Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19

2021 ◽  
Vol 24 (01) ◽  
pp. 1-13
Author(s):  
Michelle Kristina
Keyword(s):  
Law Enforcement ◽  
Corporate Responsibility ◽  
Qualitative Methodology ◽  
Human Life ◽  
Criminal Liability ◽  
Assistance Program ◽  
Community Activities ◽  
The Government ◽  
The Right ◽  
The Impact

The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.

scholarly journals Formation of a new paradigm of anti-money laundering: The experience of Ukraine

2021 ◽  
Vol 19 (1) ◽  
pp. 354-363
Author(s):  
Sergij S. Vitvitskiy ◽  
Oleksandr N. Kurakin ◽  
Pavlo S. Pokataev ◽  
Oleksii M. Skriabin ◽  
Dmytro B. Sanakoiev
Keyword(s):  
Money Laundering ◽  
Criminal Liability ◽  
New Paradigm ◽  
State Budget ◽  
Social Sphere ◽  
Current State ◽  
Ongoing Training ◽  
Literary Sources ◽  
The Social ◽  
Financial Audit

The increase in the level of money laundering is associated with digitalization and technification of all spheres of society, the globalization of financial markets, the consequences of quarantine measures caused by the COVID-19 pandemic, and the new ways of committing money laundering crimes. The paper aims to identify the peculiarities of anti-money laundering activities in Ukraine and outline approaches to increase the effectiveness of combating money laundering in the country. The current state of the problem of money laundering is analyzed based on the study literary sources, regulatory framework and their discussion in the Ukrainian society. An attempt was made to systematize the factors influencing the increase in the level of money laundering. The consequences of increasing the level of money laundering for Ukraine have been determined: a shortfall in state budget revenues, a decrease in the level of the social sphere financing, reduced living standards of the population. It has been emphasized that there is a need for a comprehensive approach to the problem of money laundering, which will include ongoing training for financial audit specialists, the establishment of special units to investigate money laundering crimes, enshrining the classification of money laundering crimes in regulatory documents and the establishment of criminal liability for their commission.

scholarly journals A new paradigm of human rights in the context of the global threats development

2021 ◽  
Vol 118 ◽  
pp. 02011
Author(s):  
Georgy Borisovich Romanovsky ◽  
Olga Valentinovna Romanovskaya ◽  
Vladislav Georgievich Romanovsky ◽  
Anastasia Andreevna Ryzhova ◽  
Olga Aleksandrovna Ryzhova
Keyword(s):  
Human Rights ◽  
Homo Sapiens ◽  
The United States ◽  
Point Of View ◽  
Humanitarian Law ◽  
New Paradigm ◽  
Law Enforcement Agencies ◽  
The Right To Privacy ◽  
Biomedical Technologies ◽  
The Right

The purpose of the research is to formulate the general guidelines for the transformation of human rights as a result of global threats. The methodological framework was the methods of comparative legal research, which showed the general trends in the development of the human rights legislation under the influence of global threats. By the example of the responses of states to the terrorist attacks that occurred on September 11, 2001, it is shown how legislative innovations expanding the powers of law enforcement agencies and special services have led to the revision of the content of such basic human rights as the right to privacy and/or the right to personal inviolability. Highlighted is the concept of the “war on terror” (formulated by the United States President in 2001), which allows terrorists to be treated as representatives of a belligerent but without providing any international guarantees enshrined in the provisions of the international humanitarian law. The consequences of the introduction of biomedical technologies, that are aggressive towards humans, are presented, namely the creation of chimeric organisms that contribute to blurring the interspecific boundaries; creation of a genetically modified organism – human embryo; the development of an artificial uterus capable of bearing a human fetus practically from the time the male and female reproductive cells join. The results consist in the identified trends in the development of legal institutions, such as the formulation of new human rights often replacing or distorting the content of basic recognised human rights enshrined in the key international documents and constitutions of the countries of the world; bypassing the legal prohibitions established over the past decades by introducing relativism and assessing any situation from the point of view of the conditions for its occurrence. The novelty of the research lies in the authors’ position and is formulated as follows: the modern system of human rights is facing a serious crisis. Failure to effectively respond to symbolic challenges and threats is one of the factors necessitating the need for monitoring many regulatory documents. But a significant reason for the backlash also lies in the fact that we are at the turn of an era when technology shows humanity the possibility of correcting the very nature of Homo sapiens.

scholarly journals Sexuality and sexual health of the population with disabilities, with special reference to people with visual impairments

Stanovnistvo ◽  
2021 ◽  
pp. 1-1
Author(s):  
Branka Jablan ◽  
Marta Sjenicic
Keyword(s):  
Sexual Health ◽  
Visual Impairments ◽  
People With Disabilities ◽  
Legal Framework ◽  
Sexual Life ◽  
Full Potential ◽  
Women With Disabilities ◽  
Reproductive And Sexual Health ◽  
And Gender ◽  
The Right

Sexuality represents one of the basic dimensions of human existence, which is channelled through sexual and gender identification and role, sexual orientation, eroticism, emotional commitment, satisfaction, and reproduction. Sexuality is also linked to many significant health problems, especially in the area of reproductive and sexual health. Sexual health is the condition of physical, emotional, mental, and social wellbeing that is linked with sexuality. Knowledge about sexual health, contraception and selection of contraceptives, and the risk of sexually transmittable diseases is not only relevant for individuals? sexuality; it?s also important for encouraging the use of health services and other forms of support that are necessary to protect youth from sexually transmittable diseases and the maintenance of sexual and re-productive health. When it comes to sexuality and care of reproductive and sexual health, some groups are especially vulnerable. Bearing in mind the specific conditions women with disabilities grow up in and their dependence on assistance and support from other people, satisfying their needs for partnership, sexuality, and parenthood becomes unattainable for many, or it takes place under the control of professionals or family members. In this context, people with visual impairments are part of a vulnerable group, acknowledging that visual impairment leads to limitations in everyday life, autonomy, and quality of life to its full potential. The purpose of this article is to describe the phenomena of sexuality and sexual health among people with visual impairments, and to point out the existing international and national normative frameworks relevant to the sexual health of people with disabilities. Existing legislative acts acknowledge the right to a normal sexual life, as well as to the care and maintenance of the sexual health of people with disabilities. However, there are many obstacles and limitations that hamper the practical application of these rights: health issues, communication problems, lack of privacy, people?s acceptance of the inhibition of their own sexuality, or their acceptance of the labelling and normalisation of their situation. Even considering the existence of the regulation, the system of support for maintaining and improving the sexual and reproductive health of women with disabilities is not developed enough. The lack of literature relating to this topic shows that its importance is not recognised enough among the relevant actors, including organisations that advocate for people with disabilities. Realising the existing general legal framework requires the will of policymakers, who could enact and implement specific bylaw regulations, as well as activating the societal actors relevant to this field.

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