scholarly journals General rules of qualification of a criminal offense taking into account its stages

2021 ◽  
Vol 2 (16) ◽  
pp. 310-325
Author(s):  
Yurii Vasylovych Grodetsky
Keyword(s):  
Criminal Offense ◽  
Conceptual Apparatus ◽  
Starting Point ◽  
General Rules

The conceptual apparatus which is a starting point for qualification of a criminal offense taking into account its stages is considered. General rules for qualifying a criminal offense, taking into account its stages, are proposed.

scholarly journals From devotion to commitment: Towards a critical ontology of engagement

2021 ◽  
Vol 32 (2) ◽  
pp. 261-281
Author(s):  
Andrea Perunovic
Keyword(s):  
History Of Philosophy ◽  
Semantic Field ◽  
Comparative Linguistics ◽  
Conceptual Apparatus ◽  
Critical Ontology ◽  
Starting Point ◽  
Binary Oppositions ◽  
Light Darkness ◽  
History Of

This article approaches the notion of engagement from the perspective of critical ontology. With language as the starting point of its hermeneutic task, it commences with an etymological analyses of diverse Indo-European words gravitating around the semantic field of the notion of engagement. From these introductory insights obtained by an exercise in comparative linguistics, devotion and commitment are mapped as two opposite, yet inseparable, modes of being of engagement. Both of these modes seem to condition engagement in an ontologically disparate manner. While examining their fundamental structures, some of the canonical concepts of history of philosophy such as being, existence, subjectivity, or world - and also some of its constitutive binary oppositions such as body/mind, individual/collective, transcendence/immanence, light/darkness and sacred/secular - will be reconsidered through the prism of different ontological dispositions that devotion and commitment impose respectively on engagement. The overall aim of this investigation is to bring forth the main existential characteristics of being-engaged, by interpreting the roles of who, where, and what of engagement, and in order to provide a fundamental conceptual apparatus for a critical ontology of engagement.

Provisional and Protective Measures

2021 ◽  
pp. 219-239
Author(s):  
European Law
Keyword(s):  
Civil Procedure ◽  
Protective Measures ◽  
Cross Border ◽  
Starting Point ◽  
General Rules ◽  
Special Part ◽  
Regulatory Measures ◽  
General Part ◽  
Asset Preservation

This chapter focuses on provisional and protective measures, which are important both in domestic and cross-border litigation to secure effective enforcement or to otherwise preserve rights and prevent (further) harm prior to the commencement of proceedings or pending final judgment. Part X of the European Rules of Civil Procedure consists of three Parts: a General Part (Section 1), which includes rules that apply to all types of measures, unless otherwise provided; a Special Part (Section 2), which includes rules on Asset Preservation, Regulatory Measures, Evidence Preservation, and Interim Payments; and a Cross-Border Part (Section 3), which primarily refers to existing legislation. Section 3 further provides a minimal number of general rules as it is not intended to provide a set of rules on the complex and multifaceted issue of cross-border provisional and protective measures. Principle 8 of the ALI/UNIDROIT Principles was the starting point for the development of Rules concerning provisional and protective measures. This Principle includes three basic rules: on function and proportionality (8.1); ex parte measures; (8.2); and compensation and security (8.3).

scholarly journals O direito das favelas no contexto das políticas de regularização: a complexa convivência entre legalidade, norma comunitária e arbítrio

2009 ◽  
Vol 11 (1) ◽  
pp. 89 ◽  
Author(s):  
Alex Ferreira Magalhães
Keyword(s):  
Rio De Janeiro ◽  
Public Works ◽  
Spatial Effects ◽  
Community Based ◽  
State Legislation ◽  
Point Analysis ◽  
Starting Point ◽  
General Rules ◽  
Social Meanings ◽  
Information Set

Este trabalho consiste em um debate sobre a especificidade da presença do Estado em favelas, especialmente do chamado Estado Legal, que se corporifica num conjunto de normas abstratas e genéricas e em órgãos e procedimentos criados para efetivá-las. Toma-se como ponto de partida do debate um exercício de análise de conteúdo de entrevistas realizadas ao longo de 2008 com moradores de favela situada no Rio de Janeiro, que está passando por intervenções no sentido de promover sua regularização urbanística e fundiária, para que venha a ser integrada à cidade. As entrevistas tiveram como objetivo identificar as normas que de fato se encontram em operação no espaço da favela, no tocante às relações de vizinhança e ao uso e ocupação do solo, bem como a fonte dessa normatividade, no sentido de reconhecer se tais normas proviriam do Estado, se teriam sido elaboradas internamente pelos próprios moradores, ou se proviriam de alguma outra possível fonte, como uma combinação de fontes estatais e “comunitárias”. E a partir disso, debater teoricamente a natureza dessas normas, forjando uma interpretação sobre o caráter e o significado social da regulação do espaço que nelas se materializa, bem como identificar os impactos socioespaciais provocados pelas intervenções de regularização. Palavras-chave: favelas; direito da favela; regularização fundiária; Estado Legal; pluralismo jurídico; normas locais. Abstract: This paper consists of a discussion on the particularities of State’s attitude towards the slums in Rio de Janeiro, focused on the case of the so called Legislative State, which is materialized into the creation of abstract and general rules and also through departments and procedures implemented in order to make the legislation effective. At a starting point, analysis of some interviews is provided. These interviews were developed in2008 with dwellers of a slum which has been receiving public works of urbanization and land regularization in order to provide its urban integration. These interviews aimed to realize which rules have actually been working within the slum area, especially the rules related to neighborhood, the use of the land and building matters. Likewise, this research aimed at discovering something about the rules sources, i.e., if they would derive from the State Legislation, or from dwellers’ creation (a “community based law”), or from any other process, as a gathering of both of them. Grounded in such information set, it is desired to develop a theoretical discussion on the nature of these rules, on its social meanings, especially regarded to its space regulation qualities, as well as on social and spatial effects of land regularization politics. Keywords: slums; slums' law; land regularization; legislative state; legal pluralism; community based law.

scholarly journals GENERAL ISSUES OF FORENSIC CHARACTERIZATION OF MONEY LAUNDERING

2021 ◽  
pp. 380-397
Author(s):  
M. Dumchykov ◽  
O. Bondarenko ◽  
M. Utkina
Keyword(s):  
Money Laundering ◽  
Criminal Code ◽  
Special Role ◽  
Structural Elements ◽  
Criminal Offense ◽  
Correct Definition ◽  
Starting Point ◽  
Definition Of ◽  
Constituent Elements

The purpose of the article is to analyze approaches to the formation of the essence and constituent elements of the forensic characteristics of the legalization of corruption proceeds (Article 209 of the Criminal Code of Ukraine), to highlight and describe the elements of the forensic characteristics of this criminal offense. Forensic characteristics play a special role in the very structure of the methodology for investigating a criminal offense of this type. A successful and comprehensive study of the circumstances of a criminal offense largely depends not only on the correct definition of the criminal-legal signs of an act, but also on the investigator’s understanding of the criminalistics nature of the corresponding offense. The analysis of publications indicates the presence of a number of disagreements between the authors in the construction of the forensic characteristics of the legalization (laundering) of proceeds from crime. Comparison of the existing doctrinal approaches to understanding the structural elements of the forensic characteristics of the legalization of funds obtained by criminal means, made it possible to form the author’s approach. According to the authors of the article, the forensic characteristics of the legalization (laundering) of incomes obtained as a result of the commission of a criminal offense should include both basic and additional elements. The main elements of the forensic characteristics of legalization are proposed to include the following: typical traces of a criminal offense; its subject; the way of committing such an offense. Additional, according to the authors of the article, it is advisable to include the following: the subject of a criminal offense; the time of its commission; the area in which the offense is committed; the environment of the criminal offense; source of origin of “dirty money”. The proposed elements of the forensic characteristics of a criminal offense can be the starting point in the development of an effective methodology for investigating money laundering.

scholarly journals A EuroHOPE kutatási program módszertana

2016 ◽  
Vol 157 (41) ◽  
pp. 1619-1625
Author(s):  
Éva Belicza ◽  
Péter Mihalicza ◽  
Judit Lám ◽  
Cecília Surján
Keyword(s):  
Healthcare Personnel ◽  
The European Union ◽  
Health Care Outcomes ◽  
Root Cause ◽  
Indicator Development ◽  
Starting Point ◽  
General Rules ◽  
Care Outcomes ◽  
European Health ◽  
Definition Of

The European Health Care Outcomes, Performance and Efficiency research was financed by the European Union between 2010 and 2013. In this program a new methodology was developed which made the analysis of regularly collected data and international benchmarking of the healthcare results of 5 socially and economically critical diagnosis group between the 7 participant countries possible. This paper presents the most important areas of the development, such as (1) the principles of the methodology, (2) the definition of available databases, code systems, (3) the events to be analysed, (4) the general rules of analyses and indicator development, (5) the exact methodology of data collection, processing, and analysis, (6) the methods of risk adjustment, (7) and the development of the standardised database. The databases which include all information of all patients and healthcare activities serve as perfect inexhaustible data sources for decision makers, healthcare personnel, and researchers. The indicator results of this program serve as starting point for further root cause analysis and development measures based on the results of the abovementioned analyses. Orv. Hetil., 2016, 157(41), 1619–1625.

scholarly journals Place of History in the History of Science

2021 ◽  
Author(s):  
Andréa Mara Ribeiro da Silva Vieira
Keyword(s):  
History Of Science ◽  
Natural Science ◽  
Conceptual Apparatus ◽  
Epistemological Perspective ◽  
Institutional Issues ◽  
Starting Point ◽  
Historiography Of Science ◽  
The Face ◽  
History Of ◽  
Science Departments

This article aims to reflect on the place of history in the history of science from the perspective of Brazilian historiography of science, mainly according to the thought of the Brazilian physicist and historian of science, Carlos Alvarez Maia. Since the 1990s, Maia (2013) began to question why the history of science became (and still largely remains) a “history of absent historians” in the face of the predominance of history of science in the Natural Science Departments and the absence in History Departments. The dynamic and changing historiography of science itself reaffirms the lack of historical analyses using history’s methodological and conceptual apparatus. Thus, epistemological aspects appear interrelated to political-institutional issues. Consequently, one has a political-epistemological perspective for discussing the place – or non-place – of history in the history of science. The thought of Maia (2013) acts as an essential starting point for reflection. It constitutes a possible opening in constructing a consolidation of discussions about the impacts (of the absence and the presence of the conceptual apparatus of history) in developing new historiography of science conceptually historical.

INVESTIGATION OF CRIMINAL CHARACTERISTICS OF ILLEGAL PUBLIC USE OF DRUGS

2020 ◽  
pp. 277-283
Author(s):  
С. Ф. Денисюк
Keyword(s):  
Illicit Drugs ◽  
Negative Impact ◽  
Scientific Article ◽  
Criminal Offense ◽  
Social Sphere ◽  
Drug Crime ◽  
Judicial Practice ◽  
Criminal Offenses ◽  
Starting Point ◽  
Forensic Scientists

The relevance of the article is that the spread of drug addiction and drug crime in Ukraine over the past ten years has become one of the most acute social problems, failure to solve which leads to harm to human health, negative impact on the social sphere, and is a threat to national security. Of particular concern in the light of socio-economic crises is the systematic use of illicit drugs and the increase in drug-related crimes. At the same time, the number of criminal offenses for illegal public use of drugs is increasing, which in turn requires the creation of the most advanced methods of detection and investigation of criminal offenses and the development of appropriate practical recommendations for the use of forensic techniques and tactics specific to a particular crime. The purpose of the article is to provide a forensic characterization of illegal public drug use. The scientific article analyzes the scientific positions of forensic scientists and proceduralists on the understanding of the conceptual category «forensic characteristics of a criminal offense» and further identification of the main elements of the forensic characteristics of criminal offenses. It is stated that forensic characteristics are a relevant scientific abstraction based on the analysis of investigative, expert, operational-search, judicial practice used by this practice through the methodology of investigation of criminal offenses of the relevant type, the starting point for which it is characteristic. Within the limits of the scientific article the following elements of the criminological characteristic of illegal public use of drugs are allocated and investigated: a) a way of commission of a criminal offense; b) a description of the identity of the offender; c) the subject of criminal encroachment; d) place of commission; e) typical traces of the crime.

scholarly journals The theory of the executive process and its conceptual apparatus

2021 ◽  
pp. 346-351
Author(s):  
S.Ya. Fursa ◽  
E.I. Fursa
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Social Functions ◽  
Conceptual Apparatus ◽  
Organizational Issues ◽  
History Of Development ◽  
Executive Process ◽  
General Rules ◽  
History Of ◽  
Special Rules

The article reveals the essence of the science of executive process as one of the branches of general science of law, which is a theoretical views, opinions, ideas, theories, concepts, concepts in the field of executive procedural relations, based on Ukrainian legislation, international law, achievements other countries in this field, which studies the patterns of origin, history of development and functioning of enforcement proceedings and executive procedural legal relations, their essence, place in the legal system, the role of social functions and the principles of their regu-lation and analyzes them makes development forecasts and proposals for the implementation of scientific forecasts to the legislation on enforcement proceedings and examines the organizational issues of such activities. With regard to the procedural part, the following components should be distinguished in the theory of enforcement proceedings: 1. Enforcement acts as a basis for enforcement proceedings2. Subjects of enforcement proceedings, which in turn are divided into persons:– who enforce decisions;– participants in enforcement proceedings (parties to enforcement proceedings; other interested parties; representatives in enforcement proceedings);– involved in enforcement actions;– persons on the rights that may be affected by the ongoing enforcement proceedings3. General conditions for enforcement proceedings;4. General rules of enforcement proceedings;5. Special rules for enforcement proceedings.6. Transnational enforcement process.The subject and object of science are revealed. Significant attention is paid to the conceptual apparatus, in particular, such concepts as enforcement proceedings, enforcement proceedings, debtor, debt collector, voluntary, enforcement of decisions, etc. are formulated. The essence of the method of legal regulation of public relations in enforcement proceedings as a «method of sanctioned coercion» due to the specifics of the activities of executors in the enforcement of court decisions and decisions of other bodies (officials).

scholarly journals The operational role and the importance of the application of criminal procedures during the investigation of the organized crime in Kosovo

2022 ◽  
Vol 27 ◽  
pp. 325-337
Author(s):  
Reshat Maliqi
Keyword(s):  
Organized Crime ◽  
Scientific Literature ◽  
Criminal Policy ◽  
Theoretical Research ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Starting Point ◽  
Criminal Control ◽  
High Degree ◽  
Case Based

The application of criminal procedures in the investigation of organized crime in Kosovo quests a deeper empirical study and wider research of a scientific literature than ever done before. The failure of many organized crime cases throughout the courts of Kosovo and the light and acquittal sentences are real indications that the application of criminal proceedings is not being properly conveyed in practice. The data provided through the empirical research of this paper indicate that non-compliance with criminal procedures leads to a decrease in efficiency and a significant increase in organized crime cases. Through this research we aim to identify the possible factors that affect the growth of the phenomenon of crime as well as the reflection of institutions dealing with the prevention and fight against crime. According to the observation the author suspects that the starting point of criminal proceedings regardless of the degree of probability is extremely important for the fight against crime, especially the fight against modern forms characterized by a high degree of organization, professionalism, specialization and secrecy. This paper reflects the detailed theoretical research of the scientific literature by various local and foreign authors and experts who have written about criminal procedures, research and analysis of theoretical and practical data on the meaning and importance of the implementation of criminal procedures in detecting organized crime in Kosovo are of particular importance to investigators of organized crime in the future. The effectiveness of criminal procedures in detection of organized crime in Kosovo should be closely related to criminology, criminalistics and criminal policy, the implementation of criminal procedures should in principle aim to return the basis of suspicion to the highest level of suspicion. This activity starts with the appearance of the basis of suspicion or the highest form of suspicion in the form of orientation and elimination indicators. The same activity consists of criminal control and processing. The content and strategy of these activities determine their further course, as well as condition the range of rules of criminal science in a specific case based on the provisions of the Code of Criminal Procedure, as well as other provisions of laws and bylaws. The strategy and tactics of these activities are dictated by the type of criminal offense.

scholarly journals Rules for eID management in the Public Sector (Hungary, 2018)

2018 ◽  
Vol 331 ◽  
pp. 115-127
Author(s):  
Alexandra Erzsébet Zámbó
Keyword(s):  
Public Sector ◽  
Internal Market ◽  
Legal Issue ◽  
Practical Implementation ◽  
The Public ◽  
The Past ◽  
Electronic Transactions ◽  
Starting Point ◽  
General Rules ◽  
Electronic Administration

The scope of the bodies providing e-governance services has significantly expanded in the past decade. Electronic identification has become an elementary obligation of the clients in eprocedures, as this is the starting point of any legal electronic transaction. In Hungary, this legal issue is generally regulated by the Act CCXXII of 2015 on the General Rules for Trust Services and Electronic Transactions, and the related Government Decree 451/2016. (XII. 19.) on the details of electronic administration procedures. These national rules have been adjusted to the provisions of the Regulation (EU) No. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (hereinafter: eIDAS Regulation). The aim of the presentation is to summarize the legal possibilities and to evaluate their practical implementation.

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