scholarly journals Criminal liability for illegal transplantation: past, present, future

2021 ◽  
Author(s):  
S. V. Grynchak
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Causal Link ◽  
Systematic Change ◽  
Human Organs ◽  
Significant Harm ◽  
The Subject ◽  
The Moment ◽  
The Impact ◽  
Subjective Side

Transplantation of human anatomical materials is an important method of treatment aimed at restoring human health, so improving the criminal law regulation of combating illegal transplantation is certainly important. This article provides a comprehensive scientific and practical analysis of the formation, development and reform of legislation that provides transplantation of anatomical materials to humans. To do this, the author systematically studied the regulatory legislation in the field of transplantation and the changes that have taken place in it, identified all the changes made to Art. 143 of the Criminal Code of Ukraine during its validity, the impact of these changes on the practice of application of Art. 143 of the Criminal Code of Ukraine. The study of the legal support of transplantation was conducted through three main stages of transformation of legislation during the independence of Ukraine. This allowed us to draw the following conclusions: 1) the subject of the crimes under Art. 143 today is human anatomical materials. This means that, in addition to human organs or tissues, it covers anatomical formations, human cells and human fetal materials; 2) the systematic change of regulatory legislation in the field of transplantation complicates the establishment of the current procedure and conditions of transplantation of human anatomical materials, and, as a consequence, complicates the detection of signs of illegal transplantation; 3) the current corpus delicti provided in Part 1 of Art. 143 of the Criminal Code, is material, which requires the establishment, in addition to the act, socially dangerous consequences (significant harm to the victim) and the causal link between the act and the consequence; 4) the subjective side of the crime provided by part 1 of Art. 143 of the Criminal Code, from the moment of adoption of the Criminal Code of Ukraine until December 28, 2019, both intentional and negligent violation of the statutory procedure for transplantation of human anatomical materials was criminally punished, and from December 29, 2019, the act can only be intentional and the attitude to consequences only negligent; 5) since the adoption of the Criminal Code of Ukraine and until now, the legislator has twice increased the penalties for crimes under Art. 143 of the Criminal Code. In the final case, the penalty was increased for all sanctions under Art. 143 of the Criminal Code without exception.

Crimes against marriage and family before Criminal Code 1968

2020 ◽  
Vol 15 (1-3) ◽  
pp. 44-59
Author(s):  
Lidia Peneva
Keyword(s):  
Criminal Code ◽  
Point Of View ◽  
Marriage And Family ◽  
Historical Method ◽  
Legal Method ◽  
The Subject ◽  
The Republic ◽  
Criminal Groups ◽  
The Moment ◽  
Structural Point

Crimes against marriage and family are a particular group of social relation­ships that the law has defended properly in view of the high public significance and value they enjoy. At the moment they are regulated in Chapter VI, Section I, of the specific part of the Penal Code the Repub­lic of Bulgaria. The subject matter of this Statement will, however, be the legisla­tive provisions concerning these criminal­ized acts in retrospect. The purpose of the study is to show by historical method and through the comparatively legal method the development of these criminal groups during the periods of various criminal laws in Bulgaria. This will also provide a basis for reflection on possible de lege ferenda proposals. This report from a structural point of view will be divided into three distinct points, marking each of the penal laws in the Republic of Bulgaria, which were in force before 1968.

Social capital in the theory and research of LIS professionals in the light of the literature on the subject. Review of current knowledge

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Maja Dorota Wojciechowska
Keyword(s):  
Social Capital ◽  
Current Knowledge ◽  
Future Research ◽  
Content Type ◽  
Individual Social Capital ◽  
Rural Libraries ◽  
The Subject ◽  
The Moment ◽  
The Impact

Purpose The purpose of the paper is to present the latest scholarly trends in the field of social capital in libraries, to review research concepts published by LIS professionals and to suggest further research possibilities in this area. Design/methodology/approach This paper presents a review and critical analysis of literature associated with research on social capital in libraries to highlight its importance for the development of LIS and its impact on the functioning of environments linked with various types of libraries. The goal of literature analysis was to determine the current condition of research on social capital in libraries. The main trends were identified and the need for further qualitative analyses, which are missing at the moment, was confirmed. Findings It was determined that, so far, LIS professionals have focussed mainly on the role of municipal libraries in developing social capital, the problem of building trust, especially in immigrant circles and the impact of libraries on promoting a civil society. Academic libraries, rural libraries, organisational capital in libraries and individual social capital of librarians were a much less frequent subject of research. The role of libraries in developing social capital in educational (primary and secondary education) and professional (non-university professionals) circles is practically non-existent in research, and it will require in-depth studies and analyses in the coming years. Originality/value This paper constitutes a synthetic review of the latest research concepts concerning social capital in libraries. It identifies the most important research trends and areas that so far have not been explored and suggests research methods to help LIS professionals design future research in this area more effectively.

scholarly journals AGGRAVATING AND MITIGATING CIRCUMSTANCES CHARACTERIZING SUBJECTIVE SIGNS OF CRIMINAL BEHAVIOR

2019 ◽  
Vol 29 (5) ◽  
pp. 681-685
Author(s):  
V.I. Tikhonov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
Special Part ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
The Impact ◽  
Subjective Side

The Institute of mitigating and aggravating circumstances is presented not only in the norms of the General part of the criminal legislation of the Russian Federation. The application of these circumstances in the construction of individual elements of a crime allows the legislator to differentiate the orientation of the criminal law influence in relation to a specific crime element or in qualifying the fact of life reality. In law enforcement practice, proving the subjective side of a crime often causes significant problems. At the same time, motivation and achievement of a specific goal of committing a crime can have both a mitigating and an aggravating effect. The subjective side has a significant impact not only on the design of the offenses of the Special Part of the Criminal Law, but also on the process of sentencing through legal regulation of circumstances mitigating or aggravating criminal punishment. In this regard, both general and mandatory features of the subject of the crime also affect the procedure for establishing guilt and determining punishment in accordance with the norms of the Criminal Code of the Russian Federation. Of scientific interest is the study of the influence of the process of legal regulation of mitigating and aggravating circumstances in terms of the impact on this process of subjective signs of criminal behavior.

scholarly journals Is There a Link between Oropharyngeal Microbiome and Schizophrenia? A Narrative Review

2022 ◽  
Vol 23 (2) ◽  
pp. 846
Author(s):  
Stanislas Martin ◽  
Audrey Foulon ◽  
Wissam El Hage ◽  
Diane Dufour-Rainfray ◽  
Frédéric Denis
Keyword(s):  
Periodontal Disease ◽  
Research Team ◽  
Oral Microbiome ◽  
Oral Microbiota ◽  
Future Studies ◽  
The Subject ◽  
The Moment ◽  
The Impact ◽  
The Brain

The study aimed to examine the impact of the oropharyngeal microbiome in the pathophysiology of schizophrenia and to clarify whether there might be a bidirectional link between the oral microbiota and the brain in a context of dysbiosis-related neuroinflammation. We selected nine articles including three systemic reviews with several articles from the same research team. Different themes emerged, which we grouped into 5 distinct parts concerning the oropharyngeal phageome, the oropharyngeal microbiome, the salivary microbiome and periodontal disease potentially associated with schizophrenia, and the impact of drugs on the microbiome and schizophrenia. We pointed out the presence of phageoma in patients suffering from schizophrenia and that periodontal disease reinforces the role of inflammation in the pathophysiology of schizophrenia. Moreover, saliva could be an interesting substrate to characterize the different stages of schizophrenia. However, the few studies we have on the subject are limited in scope, and some of them are the work of a single team. At this stage of knowledge, it is difficult to conclude on the existence of a bidirectional link between the brain and the oral microbiome. Future studies on the subject will clarify these questions that for the moment remain unresolved.

scholarly journals Personality Disoder and Their Judicial- Psychiatric-estimation of the Russian Federation

2009 ◽  
Vol 24 (S1) ◽  
pp. 1-1
Author(s):  
S. Vasyukov ◽  
A. Baeva
Keyword(s):  
Personality Disorder ◽  
Mental Disorders ◽  
Personality Disorders ◽  
Criminal Law ◽  
Criminal Liability ◽  
Icd 10 ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment ◽  
Diminished Responsibility

In modern Russian criminal law means diminished responsibility, that the subject is not capable to regulate meaningly legally significant behaviour at the moment of socially dangerous act. Such disability comes at presence if the subject has the chronic or time mental disorder, an aphrenia or other disease state of mentality. The specified clinical phenomena define medical criterion of diminished responsibility. Special interest represents disorders which in ICD- 10 concern to «Personality Disorders» (F60-F68). Here mental disorders which have no so-called remedial basis are meant, or in their structure it is impossible to note signs of weakening process. At the same time they not only qualitatively differ from the accepted norm, but also under known conditions possess that depth or expression that can be regarded as medical criterion of the formula of diminished responsibility. The research which has been spent in the Department of psychogenias and personality disorders of Institute of Serbsky included 80 men at the age from 20 till 45 years by which the diagnosis «Personality disorder» was established. It has shown that there can be 3 variants of influence on responsibility: they can cause full loss of liability; can essentially reduce the criminal liability; their presence can be neutral and not render influences on liability. The analysis of expert judgements shows, that in expert judgements about disability of the subject to regulate the behaviour meaningly it is necessary to estimate components both medical, and psychological criteria of diminished responsibility.

COUNTERING MATCH-FIXING: COMPARISON OF CRIMINAL LAW AND SPORTS LAW REGULATION ON THE EXAMPLE OF THE RUSSIAN ICE HOCKEY FEDERATION

2021 ◽  
Author(s):  
Евгения Германовна Ветрова ◽  
Илья Александрович Васильев
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Ice Hockey ◽  
Sports Law ◽  
The Subject ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
Objective Side ◽  
Subjective Side

В статье проводится сравнение положений ст. 184 УК РФ (Оказание противоправного влияния на результат официального спортивного соревнования) и соответствующих статей Дисциплинарного Регламента Федерации Хоккея России. Автор произвел сравнение составов анализируемых правонарушений: объекта, субъекта, объективной стороны и субъективной стороны и указал их сходства и отличия. The article compares the provisions of Article 184 of the Criminal Code of the Russian Federation (Illegal influence on the result of an official sports competition) and the corresponding articles of the Disciplinary Regulations of the Russian Ice Hockey Federation. The author compared the components of the analyzed offenses: the object, the subject, the objective side and the subjective side, and indicated their similarities and differences.

The Wages of Blackness

Jah Kingdom ◽  
2017 ◽  
Author(s):  
Monique A. Bedasse
Keyword(s):  
Political Campaigns ◽  
Pan African ◽  
Pan Africanism ◽  
History Of ◽  
Independent States ◽  
The Subject ◽  
The Moment ◽  
The Right ◽  
The Impact ◽  
Newly Independent States

When Rastafarians began to petition the Tanzanian government for the “right of entry” in 1976, they benefitted from a history of linkages between Jamaica and Tanzania, facilitated largely by the personal and political friendship between Julius Nyerere and Prime Minister of Jamaica, Michael Manley. This is the subject of the third chapter, which provides essential context for the repatriation. The chapter begins by unearthing the pan-African politics of Michael Manley, which he constructed after appropriating Rastafarian symbols and consciousness into his political campaigns. It also puts a spotlight on the extent to which African leaders of newly independent states helped to define the pan-Africanism of this period by detailing the impact of Julius Nyerere on Manley’s thinking. Finally, it juxtaposes Manley’s acceptance in pan-African circles across Africa with his personal struggle over his own perceived distance from blackness, as a member of Jamaica’s “brown’ elite. In the end, Rastafari was absolutely central to generating the brand of politics surrounding race, color and class in the moment of decolonization. The history of repatriation transgresses analytical boundaries between state and nonstate actors.

scholarly journals ILLEGAL TURNOVER OF OFFICIAL DOCUMENTS: CRIMINAL LEGAL ASPECT

2019 ◽  
Vol 29 (6) ◽  
pp. 892-898
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Official Document ◽  
The Russian Federation ◽  
Subjective Side ◽  
Made In

The article discusses the issues of criminal liability for encroachments on the procedure of official document circulation. The concept and features of a document and an official document as subjects of criminal law protection are analyzed in detail. Criteria are proposed for distinguishing between a document and an official document, as well as the classification of documents. Particular attention is paid to the analysis of amendments to Article 327 of the Criminal Code of the Russian Federation, made in the summer of 2019, which provide for responsibility for the falsification, production or circulation of fake documents, state awards, stamps, seals or letterheads. The article examines in detail the objective features of the elements of crimes encroaching on official documents, which include the acquisition, sale, stealing, destruction, damage, concealment, as well as forgery of official documents, the sale of fake official documents and their use. The issues of the subjective side of these crimes are considered. The article also focuses on the problems of delimiting the use of obviously fake official documents, the responsibility for which is provided for in paragraph 4 of Article 327 of the Criminal Code of the Russian Federation from crimes, where the use of fake documents acts as a means of committing a crime, such as fraud, illegal obtaining a loan, etc. Suggestions are made on the appropriateness amending a number of articles of the Criminal Code of the Russian Federation, providing for liability for encroachment on official documents.

scholarly journals Relations of crimes of different gravity degree in the Criminal code of Ukraine

2020 ◽  
Vol 1 (1) ◽  
pp. 153-157
Author(s):  
Oleksandra Skok ◽  
Inna Shylo
Keyword(s):  
Economic Activity ◽  
Criminal Liability ◽  
Criminal Code ◽  
Criminal Offenses ◽  
Special Part ◽  
The Law ◽  
The Impact

The article deals with the classification of criminal offenses in the current Criminal Code of Ukraine. All the crimes, the responsibility for which are established in the Special part of the Criminal Code of Ukraine, are analyzed and on the basis of this detailed description of crimes of small gravity, crimes of moderate gravity, serious and especially serious crimes is carried out. According to Art. 12 of the Criminal Code of Ukraine, depending on the severity of the crimes are divided into crimes of small severity, moderate, serious and especially serious. The legislative classification of crimes was made taking into account the type of punishment (fine and imprisonment), as well as the amount of punishment. This is the norm of the current Criminal Code acquired in accordance with the Law «On Amendments to Certain Legislative Acts of Ukraine on the Humanization of Liability for Offenses in the Field of Economic Activity» of November 15, 2011 No. 4025-VI. The percentage of different categories of crimes has been analyzed and the impact of the severity of crimes on some criminal liability issues has been determined. A study of the ratio of minor crimes to other categories of crimes showed that minor crimes constitute a fairly significant category of crimes, compared to others, namely 24.9%. In the Special Part of the Criminal Code, there is a «sharp jump» from the category of minor crimes to the category of especially serious crimes, which is connected with the occurrence of especially grave consequences in the qualified criminal offenses.

scholarly journals Subject Of A Crime Under French Criminal Legislation

2021 ◽  
Vol 03 (01) ◽  
pp. 63-68
Author(s):  
Khurshida Mirziyatovna Abzalova ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
The Subject ◽  
Criminal Legislation ◽  
Legal Entities

This article deals with the issues of criminal liability of persons (the subject of the crime) for committing crimes under the Criminal Code of France. It is noted that the French criminal law does not contain any special chapter devoted to the subject of the crime, but provides for important provisions on the responsibility of individuals and legal entities. Based on the analysis, it was concluded that it is necessary to apply the experience of France in terms of liberalizing the responsibility of minors and introducing the responsibility of legal entities.

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