scholarly journals FEATURES OF INTERVIEW OF ELDERLY PEOPLE

2020 ◽  
Vol 24 (4) ◽  
pp. 1100-1121
Author(s):  
Lev V. Bertovsky
Keyword(s):  
Older People ◽  
Preliminary Investigation ◽  
Scientific Research ◽  
The Elderly ◽  
Relevant Information ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Legitimate Interests ◽  
The Moment ◽  
Definition Of

Relevance . The article considers current problems of a criminal procedural and forensic nature common for search and cognitive activities when dealong with older people with cognitive impairment. Successful developments in the field of medicine, an overall increase in the standard of living of the population, and the quality of social security have extended life span expectancy and, accordingly, led to the increase of the total number of older people. People from this category are increasingly involved in the orbit of criminal proceedings as witnesses and victims, and often as defendants (suspects). It should be understood and taken into account that, due to various diseases, changes in the mental state, social status of these persons and other reasons, obtaining verbal criminally relevant information from such participants in the criminal proceedings demonstrate certain specifics. However, at the moment, there are no forensic developments aimed at optimizing investigative actions involving older people. Relevant scientific research on this issue has not been conducted either in Russia or abroad. The aim of the work is the need to ensure the full realization of the rights and legitimate interests of participants in criminal proceedings from among the elderly by developing and introducing forensic techniques into law enforcement in criminal investigations, which necessitates the initial definition of the problem and disclosing its essence. The materials for the study are scientific works of specialists in the field of psychology, gerontology, neurophysiology, forensic science, and statistical data, as well as the authors vast experience in the preliminary investigation of criminal cases as an investigator. The results and conclusions were obtained with the help of general scientific research methods: logical, systemic, sociological, as well as private-scientific and special: comparative-legal, formal-legal, interpretation, statistical, etc. Results: several conclusions have been made to strengthen the necessary to improve the regulatory framework governing participation of older people in criminal proceedings to ensure their legal rights and freedoms. Recommendations on preparation and conduct of investigative actions with participation of such categories of persons have been proposed.

Questions of the effectiveness of the victim’s participation in the criminal proceedings of the Republic of Azerbaijan

2021 ◽  
Author(s):  
Jabir Khalilov ◽  
Nargiz Kafarova
Keyword(s):  
Legal Status ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Speed Up ◽  
Legitimate Interests ◽  
The Republic ◽  
The Moment ◽  
The Right

This article discusses the criminal procedure status of the victim on the basis of the current legislation. A number of proposals are put forward to improve the legislation to ensure the effectiveness of the victim’s participation in the criminal process. The article analyzes a number of specific legal shortcomings that reflect the procedural situation of the victim, and indicates ways to solve them. At the same time, proposals are put forward for more effective protection of the legitimate interests of the victim both during the preliminary investigation and during the trial. For example, in order to speed up the participation of the victim in the criminal process, it is proposed to include a rule that from the moment of initiation of a criminal case, the issue of recognizing the person as a victim must be resolved within 10 days. The article then discusses the victim’s right to compensation, the right to mandatory familiarization with the materials of the criminal case, and the shortcomings of the norms that reflect the legal status of the victim as a participant in the prosecution.

SPECIFIC FEATURES OF PROPERTY INTERESTS PROTECTION OF THE PENAL SYSTEM OF THE RUSSIAN FEDERATION WITH THE PARTICIPATION OF CRIMINAL PROCEEDINGS AS REPRESENTATIVE OF A VICTIM

2021 ◽  
pp. 46-52
Author(s):  
Дмитрий Викторович Кияйкин
Keyword(s):  
Russian Federation ◽  
Current Practice ◽  
Statistical Data ◽  
Penal System ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Existing Problems ◽  
Legitimate Interests ◽  
The Russian Federation ◽  
The Moment

В статье проведен анализ существующей практики защиты имущественных интересов уголовно-исполнительной системы Российской Федерации при участии в уголовном процессе в качестве представителя потерпевшего, изложены рекомендации по улучшению данной работы с учетом особенностей сложившейся практики. Раскрываются особенности уголовно-процессуальной защиты на основе материалов территориальных органов и анализа дел указанной категории схарактеристикой эффективных решений иимеющихся проблем по защите имущественных интересов уголовно-исполнительной системы (далее - УИС), материалов практики защиты поуказанным вопросам, аналитических и статистических данных за 2018-2020 гг. Обращено внимание, чтона практике имеются сложности с определением размера возмещаемого ущерба и сроков исковой давности, а также с фактическим исполнением судебных решений овзыскании ущерба в связи с финансовой несостоятельностью должников. Важной проблемой по защите имущественных интересов остается отсутствие методики определения размера причиненного репутационного вреда органам иучреждениям уголовно-исполнительной системы Российской Федерации. Обеспечение своевременного допуска представителя органа илиучреждения УИС имеет существенное значение для защиты имущественных интересов, поскольку юридическое лицо получает фактическую возможность по отстаиванию своих законных интересов лишь смомента допуска представителя - физического лица. Автором определены направления работы должностных и иных заинтересованных лиц по реализации защиты имущественных интересов УИС при участии в уголовном процессе в качестве представителя потерпевшего. The article analyzes the existing practice of protecting the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim, and provides recommendations for improving this work, taking into account the features of the current practice. The article reveals the features of criminal procedure protection based on the materials of territorial bodies and the analysis of cases of this category with the characteristics of effective solutions and existing problems in protecting the property interests of the Penal system (hereinafter the FPS), materials of defense practice on these issues, analytical and statistical data for the period 2018-2020. Attention is drawn to the fact that in practice there are some peculiarities in determining the amount of damage to be compensated and the limitation period. Due to the financial insolvency of debtors in practice, there is a difficulty with the actual execution of court decisions on recovery of damages. An important problem in protecting property interests remains the lack of a methodology for determining the amount of reputational damage caused to the bodies and institutions of the Russian Federation's penal system. Ensuring the timely admission of a representative of a body or institution of a penal system is essential for the protection of property interests, since a legal entity gets the actual opportunity to defend its legitimate interests only from the moment of admission of a representative - an individual. The author defines the directions of work of officials and other interested persons to protect the property interests of the Penal system of the Russian Federation when participating in criminal proceedings as a representative of the victim.

scholarly journals The Visual Practice: the Infographic as a Facilitating Tool for Learning in Medical School

2020 ◽  
Vol 44 (4) ◽  
Author(s):  
Diêgo Andrade de Oliveira ◽  
Rosângela Souza Lessa ◽  
Suzana Cristina Silva Ribeiro ◽  
Pedro Fonseca de Vasconcelos
Keyword(s):  
Medical Students ◽  
Medical School ◽  
Evaluation Criteria ◽  
Education Institution ◽  
The Elderly ◽  
Relevant Information ◽  
Human Aging ◽  
Definition Of ◽  
Information Focus ◽  
Selection Of

Abstract: Introduction: In the context of medical school, the development of methodologies that stimulate the students’ search for learning, autonomy and creativity are essential for medical education in Brazil. The study aims to describe the construction of infographics as a pedagogical proposal for the learning of organic human aging processes by medical students. Method: Medical students attending the 4th period at a Higher Education Institution built infographics, as a requirement for the practical content of the Aging Process module. The static-type infographic was adopted, following criteria such as the definition of the target audience; definition of the objective; choice of topic; selection of the most relevant information (focus); direct and accessible language; organized information; choices of color palettes and style and; infographic sketch. The entire creation process was supervised by the teacher in charge of the project, and evaluation criteria were previously established. Results: The class was divided into seven groups, resulting in the production of an infographic with a specific topic per group. The human aging topics were: Degenerative Joint Diseases, Bone Weakness, Pneumonia in the Elderly, Acute Myocardial Infarction, Vascular Dementia, Atherosclerosis and Herpes Zoster. It is worth noting that in addition to the creation, each group presented the final product to the other colleagues, explaining each item included in the static infographic. Conclusions: We observed that the students satisfactorily met the proposed evaluation requirements, demonstrating their involvement in the construction of infographics and, above all, in simple, creative and objective learning, using a powerful visual tool. We also add that the printed material will be used as aid in the histology laboratory and in extramural activities.

Judicial Control and Prosecutorial Supervision in the System of Guarantees for Observing the Rights and Freedoms of a Suspect Person

2020 ◽  
Vol 9 (3) ◽  
pp. 792
Author(s):  
Talgat T. DYUSSEBAYEV ◽  
Aizhan A. AMANGELDY ◽  
Talgat T. BALASHOV ◽  
Ainur A. AKIMBAYEVA ◽  
Kuanysh ARATULY ◽  
...  
Keyword(s):  
Human Rights ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Evidence Based ◽  
Criminal Proceedings ◽  
Judicial Control ◽  
Procedure Code ◽  
Legitimate Interests ◽  
Cis Countries ◽  
Special Studies

In the process of reforming the criminal procedure legislation, the institution of the prosecutor’s office has become one of its important aspects. The judiciary, being one of the independent and autonomous branches of power in criminal proceedings, which is a system of protecting the rights and freedoms of citizens, is by far the most effective structure for protecting human rights. The article reveals the essence of judicial control and prosecutorial supervision, identifies a number of problems in the form of potential threats to ensure the rights and legitimate interests of a suspect (accused) in this form of preliminary investigation. As a result of the study, the following was stated. The current provisions of the CIS constitutions regulating the sphere of human rights and freedoms have made it possible to single out separate independent areas in the activities of the prosecutor’s office. Based on the practical problems that arise in the conditions of the new Criminal Procedure Code in the CIS countries, the authors consider it reasonable that the current oversight functions assigned to the prosecution authorities in ensuring the rights and freedoms of a suspect and an accused during the investigation, necessitate further special studies with the aim of development of evidence-based proposals for their resolution.  

scholarly journals Reform and Digitalization of Pre-trial Proceedings in Criminal Proceedings of the Kyrgyz Republic

2020 ◽  
Vol 6 (9) ◽  
pp. 308-315
Author(s):  
K. Smanaliev
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Electronic System ◽  
Kyrgyz Republic ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Subject ◽  
Legislative Reforms ◽  
The Moment ◽  
Definition Of

The article is devoted to the peculiarities of changes in the model of criminal proceedings in the Kyrgyz Republic and the definition of ‘criminal proceedings’ is given in a new edition. It has been established that pre-trial proceedings as a stage in the criminal process; begins with the registration of statements and messages and is the initial independent stage of the criminal process, manifesting in two forms: investigation and proceedings on misdemeanor cases. It was confirmed that the refusal from the stage of initiating a criminal case was replaced by a new institute of the Unified Register of Crimes and Misdemeanors, which includes a process starting from the moment of electronic registration and a system for recording applications and messages, and ending with the execution of a court sentence. The object of the research is public relations associated with the reform and digitalization of pre-trial proceedings in the Kyrgyz Republic. The subject of the research is the novelties of the criminal procedure legislation of the Kyrgyz Republic regarding pre-trial proceedings. In connection with the latest legislative reforms and digitalization in Kyrgyzstan, a comparative analysis of the state of the criminal procedure legislation of a number of post-Soviet states (Kazakhstan, Ukraine, Georgia, Moldova) on issues related to the electronic system of the unified register of crimes and misconduct seems relevant to the author.

SOCIAL PARTICIPATION OF ELDERLY PERSONS: A THEORETICAL APPROACH TO THE PROBLEM

2020 ◽  
Vol 71 (3) ◽  
pp. 141-147
Author(s):  
K.E. Tauenov ◽  
◽  
N.B. Seisen ◽  
A.A. Ivashov ◽  
◽  
...  
Keyword(s):  
Older People ◽  
Elderly People ◽  
The Elderly ◽  
Point Of View ◽  
Social Adaptation ◽  
Social Programs ◽  
Elderly Persons ◽  
Research Activities ◽  
Modern Economic ◽  
Definition Of

The article is devoted to the definition of the term «elderly people» and its typology in sociological science. The world is witnessing the growth of elderly people, in connection with which there is a need to deploy social programs to adapt older people to modern economic realities. The problems of social adaptation of the elderly is the subject of social science, so the analysis of the concept of «older people» is important from the point of view of research activities.

Priming and Its Effects in Obtaining Forensically Relevant Information

2021 ◽  
pp. 207-212
Author(s):  
Alexey A. Bessonov ◽  
◽  
Alexandra A. Gaivoronskaya ◽  
◽  
Keyword(s):  
Preliminary Investigation ◽  
Cognitive Activity ◽  
Psychological Trauma ◽  
Human Memory ◽  
Relevant Information ◽  
Long Term Memory ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Significant Information ◽  
Priming Effects

The article deals with the phenomenon of priming, its effects in obtaining and evaluating the testimony of interrogated persons in criminal cases. The problem of obtaining evidence is central to the criminal process and is considered as a system of actions of participants in the preliminary investigation related to the knowledge and modeling of past events, forecasting the investigation process in the future and obtaining evidentiary and orienting information. The analysis of the studied materials of criminal cases on 1,300 crimes against life and health, sexual integrity and sexual freedom of the individual showed that, in the structure of evidence, the testimony of witnesses, victims, accused persons (suspects) occupies more than a half (54.7%). An important role in obtaining and evaluating the testimony of persons questioned in a criminal case is played by priming, which promotes the activation of behavioral and trace manifestations of human memory in order to reproduce complete and objective forensically significant information in the testimony. The object of the study was the activity of the interrogator and the interrogated person video recorded during the criminal proceedings in the situation of interrogation. The empirical basis of the study was materials of more than 250 criminal cases (murders, rapes, crimes against property, etc.), of which more than 302 video materials of interrogations were viewed. When the interrogated person is ready to give evidence, but for some reason (physiological, psychological) cannot do it, the use of priming effects will help to change this situation in a favorable direction. In conflict situations of interrogation, the use of priming effects helps to correct the unconscious manifestations of psychological defenses, reduce the manifestations of psychological trauma, and establish psychological contact. The analysis of the content of information at an unconscious level, the search for features and categories (comparison with memory standards) is associated with the detection of this information in the space (array) of implicit memory; at the same time, the criteria for such a selection are determined by long-term memory that preserves standards, motivational attitudes and ways of processing input information. Local effects of unconscious information are reflected in conscious cognitive activity, especially in the study of investigative situations. The use of such tactics contributes to the investigation of crimes. The potential for using priming effects in conducting investigative actions aimed at obtaining the testimony of participants in the pretrial stage of criminal proceedings (witnesses, victims, suspects, accused persons) expands the possibilities for obtaining information. The tactic of using priming in the investigation of criminal acts requires a deeper scientific study and experimental confirmation.

FEATURES OF MORAL HARM RESEARCH IN CRIMINAL PROCESS

2017 ◽  
Vol 17 ◽  
pp. 401-406
Author(s):  
M. O. Zhuravleva
Keyword(s):  
Psychological Trauma ◽  
Psychological Research ◽  
Criminal Code ◽  
Close Relative ◽  
Criminal Proceedings ◽  
Psychological Examination ◽  
Procedural Code ◽  
The Moment ◽  
Definition Of

The paper considers contradictions which arise after entering amendments in 2014 into article 242 of the Criminal Procedural Code of Ukraine, in which an obligatory appointment of psychological examination for the determination of moral harm amount in criminal trial is allocated. The thought on inexpediency of appointment of the person moral sufferings examination within the limits of criminal proceedings on the basis ofsuch positions is subtatiated: 1) before pronouncement of a court sentence on criminal proceedings a person’s guilt is not proved, in this case forensic psychological examination will be based on not proved premise - possibility of guilt which conflicts to an innocence presumption according to the Criminal Code of Ukraine. The expert conclusion is one of procedural sources ofproofs. Carrying out forensic psychological examination of moral harm within criminal proceedings, the expert, being based on the inadmissible assumption of guilty, creates the proof; 2) if the question of moral sufferings presence is considered within criminal proceedings, the fact of absence of the claimantfault has to be established by the court along with definition of the respondent fault degree; 3) pronouncement of a court sentence with definition of the parties guilty degree is an important point for definitive qualitative and quantitative formalizing moral sufferings. At the stage «before a sentence» the psychological trauma has not been yet led to the fullforming ofmoral sufferings, therefore during carrying out psychological research on the materials of criminal proceedings the amount of compensation should be defined only as "a preliminary"; 4) for the determination of the depth and heaviness of the person’s sufferings a psychologist needs to conduct a research only in 1 yearfrom the moment of injuring events (the person should go through stages of distress after losing close relative, to be treated and feel consequences at health damage).

Criminal law and economic activity (ratio of private and public interests)

2020 ◽  
Author(s):  
V. Artemov ◽  
N. Golovanova ◽  
A. Gravina ◽  
O. Zaycev ◽  
V. Kashepov ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Preliminary Investigation ◽  
Criminal Policy ◽  
Economic Security ◽  
Business Community ◽  
Criminal Prosecution ◽  
General Description ◽  
Criminal Proceedings ◽  
Wide Range ◽  
Legitimate Interests

The scientific and practical guide is devoted to the formation of a comprehensive and systematic approach to improving the activities of the court and preliminary investigation bodies in cases of crimes committed in the field of business and other economic activities (including taking into account the experience of law enforcement practice in criminal prosecution of entrepreneurs in a number of foreign countries). The problem of establishing a balance between the duties of judicial and investigative bodies within their competence to take measures to ensure economic security and to respect the rights and legitimate interests of entrepreneurs involved in criminal proceedings is considered. The author defines the main directions and forms of modern criminal policy in this area; gives a General description of the criminal legal situation in terms of ensuring economic security; identifies additional guarantees of the rights and legitimate interests of entrepreneurs provided in the implementation of law enforcement activities. Particular importance is attached to the study of substantive and criminal procedural mechanisms used in criminal proceedings on economic crimes. For researchers, practicing lawyers, representatives of the business community, teachers, postgraduates, students of law schools and faculties, as well as for a wide range of readers interested in this issue.

scholarly journals Practical theologians’ calling to serve in the field of gerontology

2013 ◽  
Vol 69 (2) ◽  
Author(s):  
Petria M. Theron
Keyword(s):  
Older People ◽  
Practical Theology ◽  
Meaning In Life ◽  
The Elderly ◽  
Ageing Population ◽  
Emotional Needs ◽  
Social Phenomena ◽  
Interdisciplinary Field ◽  
Changing Roles ◽  
Definition Of

The South African demographic statistics echo the global trend of an ageing population. This fact poses challenges to the country’s labour supply, to health care, retirement and intergenerational relations. The elderly are faced with specific challenges such as negative views regarding older people, discrimination and prejudice based on age, changing roles, the loss of a support system when children emigrate, financial problems, abuse and neglect, emotions of fear and depression, and the struggle to find meaning in life and suffering. The field of study that concerns ageing and older adulthood is called gerontology. Joan Erber defines it as ‘the study of the biological, behavioural, and social phenomena that occur from the point of maturity to old age.’ It is an interdisciplinary field where different disciplines seek to address the problems associated with ageing. Biologists focus on the biological processes of ageing, psychologists focus on aspects like mental abilities, personality and behaviour, whilst sociologists study the social roles, group behaviour and status of older people. The question may be asked what is being done regarding the spiritual and emotional needs of the elderly. This is the niche of practical theology, as indicated by one definition of practical theology that it is ‘a place where religious belief, tradition and practice meet contemporary experiences, questions and actions and conducts a dialogue that is mutually enriching, intellectually critical, and practically transforming’ according to Pattison and Woodward. The aims of this exploratory article are (1) to investigate to what extent research in practical theology has addressed the spiritual and emotional needs of the elderly and (2) to identify opportunities where practical theology may provide service in the field of gerontology.

Sign in / Sign up

Export Citation Format

Share Document