scholarly journals Environmental criminal offences - victimless crimes?

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 113-132
Author(s):  
Ana Batricevic
Keyword(s):  
Criminal Law ◽  
Tax Evasion ◽  
Social Groups ◽  
Environmental Crime ◽  
Bodily Integrity ◽  
Traditional Definition ◽  
Entire Society ◽  
The Subject ◽  
Per Se ◽  
Definition Of

Ecological criminal offences, the most serious forms of harming and threatening of environment or its integral parts, represents a global phenomenon of great social hazard. They are often connected with organized transnational criminality, criminal offences against life and bodily integrity, corruption, tax evasion and discrimination. Disputable nature of the subject these incriminations protect imposes a question: ?Who are the victims of ecological criminal offences - individuals, social groups, entire society or environment as value per se?? Perceiving ecological criminal offences as victimless crimes diminishes their importance and the circle of subjects interested to unveil, prove, prevent, suppress and impose punishments for these offences. Therefore, the author discusses the sustainability of the traditional, anthropocentrically defined term of victim in the context of biocentrism and its growing influence on criminal law, criminology and victimology. Attempting to determine whether ecological criminal offences represent victimless crimes, the author analyzes their term, characteristics and significance. Starting from the traditional definition of victim, she analyzes the term of ?victimless crimes? and its (un)sustainability in the context of environmental crime, focusing on its most frequent victims and the necessity of their protection.

scholarly journals Individualization of punishment in accordance with criminal legislation of Spain: concept, rules of formalization (calculation), and doctrinal substantiation (comparative legal research)

2020 ◽  
pp. 46-61
Author(s):  
Elena Yurishina
Keyword(s):  
Criminal Law ◽  
Judicial Discretion ◽  
Legal Research ◽  
Russian Science ◽  
Original Definition ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
Criminal Legislation ◽  
Spanish Legislation

  This article examines the question of imposition of punishment (pena) and its individualization (individualización) in Spain from the perspective of criminal law theory. The subject of this research is a set of legislative norms, doctrinal interpretations and explanations, contained in interpretational acts of Spain dedicated to the assemblage of mathematical rules of calculation of the term of punishment by combination of certain characteristics of the case (formalization rules in the Russian analogue) and circumstances reluctant to quantitative evaluation (oriented towards the criteria of judicial discretion). The article also presents some theoretical insights into the question of making decision on the punishment and competition between formalization and judicial discretion. Research methodology is based on the formal-legal and comparative methods, which allowed the author to examine Spanish legislation and determined certain analogies with the Russian. The scientific novelty consists in the detailed and systematized description of the rules of formalization of punishment in Spanish legislation, enlarge the capabilities of Russian science with regards to analysis of similarities and differences in legislations of various countries. The author offers the original definition of the institution of assignment of punishment that includes criminal-procedural vector, as well as substantiates an opinion why stringent formalization does not always meet the demands of justice.  

The Weapon and Means of Committing a Crime: the Concept and the Relation

2021 ◽  
Vol 8 (1) ◽  
pp. 75-82
Author(s):  
Natalia S. Goncharova
Keyword(s):  
Criminal Law ◽  
The Subject ◽  
Definition Of ◽  
Functional Purpose

Tools and means play integral roles in the commission of a crime. However, their concepts and criteria for differentiation have not yet been clearly delineated by science. The author analyzes the most significant views of scientists on the concept of tools and means in the commission of crimes. He provides criteria for distinguishing them from each other: by functional purpose, the degree (nature) of their impact on the object of the crime, and the form of external expression. He further considers the features inherent in both tools and means: how they facilitate the implementation of the criminal goal; refer to optional features of the objective aspects of the crime; how their use significantly increases the degree of public danger of the act and completely depends on the consciousness and will of the subject; and how they justify the author's position on the concepts of criminal law under study. It is concluded that the exact interpretation of the concepts of tools and means of committing a crime, the definition of their

scholarly journals The Politics of Vulnerability in Refugee Admissions Under the EU-Turkey Statement

2021 ◽  
Vol 3 ◽  
Author(s):  
Natalie Welfens ◽  
Yasemin Bekyol
Keyword(s):  
Social Groups ◽  
Document Analysis ◽  
Operational Definition ◽  
Research Note ◽  
Vulnerable Groups ◽  
Policy Documents ◽  
Per Se ◽  
Definition Of ◽  
The Eu ◽  
Selection Practices

Resettlement and humanitarian admission programs claim to target ‘particularly vulnerable’, or ‘the most vulnerable’ refugees. If the limited spots of such programs are indeed foreseen for particularly vulnerable groups and individuals, as resettlement actors claim, how is vulnerability defined in policies and put into practice at the frontline? Taking European states’ recent admission programs under the EU-Turkey statement as an example, and focusing on Germany as an admission country, this research note sheds light on this question. Drawing on document analysis, and original fieldwork insights, we show that on paper and in practice vulnerability as a policy category designates some social groups as per se more vulnerable than others, rather than accounting for contingent reasons of vulnerability. In policy documents, the operational definition of vulnerability and its relation to other criteria remain largely undefined. In selection practices, additional criteria curtail a purely vulnerability-based selection, exacerbate existing or create new vulnerabilities in their own right. We conclude that, in the absence of clear definitions, resettlement and humanitarian admission programs’ declared focus on the most vulnerable remains a discretionary promise, with limited possibilities of political and legal scrutiny.

scholarly journals To the question about the definition of «environmental crime»

2016 ◽  
Vol 12 (1) ◽  
pp. 245-247
Author(s):  
Elena V Frolova
Keyword(s):  
Environmental Protection ◽  
Russian Federation ◽  
Criminal Law ◽  
Environmental Crime ◽  
The Russian Federation ◽  
Definition Of ◽  
Criminal Legislation ◽  
Environmental Crimes

In this article, on the basis of the analysis of scientific approaches in the theory of criminal law and criminal legislation of the Russian Federation in the field of environmental protection describes some of the problems of the definition of "environmental crimes". It seems the author's definition of "environmental crime".

The ecocrime directive and its translation into legal practice

2017 ◽  
Vol 8 (2) ◽  
pp. 236-255
Author(s):  
Giovanni F. Perilongo ◽  
Emanuele Corn
Keyword(s):  
Criminal Law ◽  
Environmental Crime ◽  
Criminal Sanction ◽  
Legal Practice ◽  
European Institutions ◽  
Policy Objectives ◽  
Definition Of ◽  
The Eu

Directive 2008/99/EC, on the protection of the environment through criminal law, was approved after fierce dispute among European institutions. Its aim was to harmonise the definition of environmental offences in the EU and to ensure that they would be punished with ‘proportionate, effective and dissuasive’ criminal sanction. The authors, after having outlined the notion of environmental crime that the harmonisation instrument wishes to combat, critically assess its policy objectives and investigate the legal and practical outcomes of its implementation. In the final paragraph, they discuss the challenges faced by national authorities when trying to translate such supranational legislation into court practices.

Law, Violence, and Sexual Consent

2020 ◽  
pp. 277-310
Author(s):  
Latika Vashist
Keyword(s):  
Grounded Theory ◽  
Criminal Law ◽  
Sexual Consent ◽  
Legal Scholarship ◽  
Legal Violence ◽  
Rape Law ◽  
The Subject ◽  
Definition Of ◽  
Sex Positive ◽  
Feminist Legal Scholarship

This essay approaches the question of law and violence through the category of sexual consent, as it is articulated, interpreted and theorized in rape law in India. While the incorporation of an explicit definition of sexual consent has been seen as a feminist move in the criminal law in India, I argue that consent, being grounded in the liberal models of abstract individualism, is premised on an under-theorized conception of sexuality as well as ‘desire’. It is my claim that if law seeks to perform an ‘educative role’ and feminist legal scholarship and pedagogy is an attempt at an ‘uncoercive re-arrangement of desires’,i then we need to produce more nuanced accounts of the sexual and desiring subjects. The dominant frames of sex-negative and sex-positive feminisms may not offer us any insights into this and may inadvertently become complicit with legal violence in its foundational as well as interpretive moments. In this backdrop, I will argue that we need to push towards a more complex understanding of consent based on a more grounded theory of the subject at the centre of law and feminism which takes into account the complexities, contradictions, complicities, and violence that form human subjectivity, sexuality, and desire. The essay critically examines the definition of consent introduced in 2013 criminal law amendments and argues for a reading of sexual consent within a relational psychoanalytic framework that takes desire seriously.

Object of the Crime as a Symbol in the Doctrine of the Composition of the Crime

2021 ◽  
Vol 8 (2) ◽  
pp. 61-70
Author(s):  
Natalya S. Goncharova
Keyword(s):  
20Th Century ◽  
Criminal Law ◽  
Clear Definition ◽  
Legal Literature ◽  
The Subject ◽  
Definition Of ◽  
Objective Side ◽  
Criminal Legislation ◽  
Further Development

The author attempts to determine the place of the object of the crime in the doctrine of the composition of the crime. They analyze the views of scientists available in legal literature at various historical stages in the development of Russian legislation pertaining to criminal acts. Pre-revolutionary criminal legislation did not distinguish between the objects and the subjects of the crime. At the beginning of the 20th century, Russian criminal law science began to realize the need to distinguish the objects of crimes from the subjects. Since 1953, in connection with liberalization, there has been a clear definition of the subject of crimes, depending on their composition. Further development of the doctrine of the subject of crimes is characterized by a wide variety of scientists views, which the author analyzes, combining them into two groups, depending on the location of the subject of the crime as part of the crime: 1) the subject of the crime is a sign of the objective side of the crime and does not depend in any way; 2) the subject of the crime is a sign of the object of the crime and is inextricably linked with it.

scholarly journals CULTURE OF EVERYDAY LIFE: TO THE PROBLEM OF LOGIC OF STRUCTURE AND CONTENT OF THE EDUCATIONAL DISCIPLINE. PART I

2021 ◽  
pp. 15-19
Author(s):  
V. G. Napadysta
Keyword(s):  
Everyday Life ◽  
Social Groups ◽  
Logical Structure ◽  
Subject Field ◽  
Scientific Training ◽  
The Everyday ◽  
Wide Variability ◽  
The Subject ◽  
Definition Of ◽  
Life Phenomenon

The article discusses the logic of structuring and content of the discipline "Culture of Everyday Life", due to the complexity and versatility of the phenomenon of everyday life and interdisciplinarity of methodological optics of its research, the variety of theoretical tools, which, in turn, determines the ambiguity of views on the very essence of the phenomenon of everyday life and its components. The analysis of educational programs on "Culture of Everyday Life", that are among the elements of educational-professional and educational-scientific training programs on "Culturology" in higher education institutions in Ukraine, demonstrated the wide variability of their content and structure. The first part of the article substantiates the need to discuss among stakeholders the boundaries and basic elements of the subject field of the discipline, which would determine its specifics and features when considering the phenomenon of everyday life. A certain model of the logical structure of the "Culture of Everyday Life" as a discipline is proposed, the main elements of its structure and their content are considered. The main stages and thematic directions of historiography of the phenomenon of everyday life in accordance with the scientific specializations of researchers are analyzed. The main achievements in the study of the everyday life phenomenon, initiated by experts of life of certain social groups representing different cultural and historical epochs, as well as the work of historians, philosophers, sociologists, carried out during the XXth century, are considered. The most common definitions of the phenomenon of everyday life, which operate in different segments of modern socio-humanitarian knowledge are analyzed, to understand the situation in modern "everyday science" in terms of systematization / structuring of accumulated knowledge about the phenomenon of everyday life, defining the boundaries of everyday life and its opposing worlds, which more clearly outline the contours of everyday life and thus contribute to the definition of the thematic field of the discipline "Culture of Everyday Life".

scholarly journals The Object of Russian Criminology

2019 ◽  
Vol 13 (3) ◽  
pp. 369-384
Author(s):  
Lev Prozumentov ◽  
Alexander Shesler
Keyword(s):  
Criminal Law ◽  
Social Groups ◽  
Negative Influence ◽  
Natural Consequence ◽  
Action Mechanism ◽  
Social Phenomena ◽  
The Social ◽  
Definition Of ◽  
Causes Of Crime ◽  
Prevention Of Crime

The authors analyze the content of the object of criminology, which includes criminality, criminalization of actions, decriminalization of actions, the personality of the criminal, determinants of crime, criminological prevention of crime. They support the definition of criminality according to which it is a social (socially dangerous, relatively mass, historically changing) and criminal law phenomenon that includes a system-forming aggregate of crimes and persons who have committed them in a certain territory within a certain period of time. The authors believe that the object of criminology should include the criminological conditionality of the existence or the change of the criminal law prohibition, while the object of the science of criminal law should include the social conditionality of establishing the criminal law prohibition as well as the legislative methodology of criminalizing and decriminalizing actions. It is stated in the article that the best approach to the personality of the criminal views this personality as an aggregate of social, biological and psychological qualities of the person who has committed a crime. The authors stress that the existence of criminality should be explained from deterministic positions which make it possible to show the diverse influence of many social phenomena on criminality. Criminality originates from its causes as a natural consequence, the conditions form or contribute to the emergence of the causes of crime, the factors create a certain favorable background for the existence of criminality. The authors describe changes in the action mechanism of general social determinants of crime under the influence of globalization. They begin to exercise their negative influence on a person not through small social groups in which socialization takes place, but directly, especially though the Internet. The authors state that the object of criminology is the criminological prevention of crime in the form of coercion not connected with the implementation of criminal law measures, as well as in the form of protecting the rights and lawful interests of a person and providing social and legal support.

Analysis and generalization of approaches to defining the subject of economic expertise

2021 ◽  
pp. 120-127
Author(s):  
Д.А. Пименова ◽  
А.Е. Суглобов ◽  
Т.Ю. Демина
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Administrative Law ◽  
The Subject ◽  
Definition Of

Учитывая опыт авторов, накопленный в результате производства и рецензирования экономических экспертиз, в статье предложены следующие вопросы для рассмотрения: · Что понимается под «предметом экспертизы»; · Аккумулируем ведомственные подходы в определении предмета экономической экспертизы; · Аккумулируем сущностные подходы в определении предмета экономической экспертизы применимо к сфере интересов административного права, гражданского права и уголовного права при раскрытии экономических правонарушений; · Предлагаем определение предмета экономической экспертизы по востребованным направлениям в расследовании экономических правонарушений. Taking into account the experience of the authors, accumulated as a result of the production and reviewing of economic examinations, the article suggests the following questions for consideration: • What is meant by the «subject of expertise»; • We accumulate departmental approaches in determining the subject of economic expertise; • We accumulate essential approaches in determining the subject of economic expertise applicable to the sphere of interests of administrative law, civil law and criminal law in the disclosure of economic offenses; • We offer the definition of the subject of economic expertise in the areas in demand in the investigation of economic offenses.

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