scholarly journals COMMUNITY SERVICE IMPOSED UPON THE CONVICTED CORRUPTOR IN ACTUALIZING LOCAL WISDOM AS CULTURAL HERITAGE

2021 ◽  
Author(s):  
Dewi Asri Yustia ◽  
Gialdah Tapiansari ◽  
Tia Ludiana
Keyword(s):  
Social Work ◽  
Cultural Heritage ◽  
Community Service ◽  
Criminal Code ◽  
Scientific Field ◽  
The State ◽  
Community Based ◽  
The People ◽  
Criminal Offenses ◽  
Burden Of Costs

Optimizing social work crime for convicted corruption is interpreted as an effort to provide positive value to the community in addition to reducing the burden on the state, both the burden of costs incurred by the state in fostering convicts and the burden of coaching, because the convicted person has more specific competencies both in the scientific field, authority as well as in other fields compared to the competency of the guiding apparatus without intending to play down the capabilities of the coaching apparatus, besides the security burden that must be carried out by the state, because given the provision of criminal work, the obligation to carry out criminal offenses is transferred to convicts not to the state , and the benefits felt not only for the country but also for the people ,because the competency of the perpetrators can be useful, and it becomes a legal effort in actualizing local wisdom, because the sanctions applied are more concentrated on the needs of the community and community-based coaching, and prison is no longer the only coaching institution for perpetrators of corruption, so It is expected that the recommendations for the renewal of the Criminal Code and the Corruption Law can achieve the goal of punishment, namely providing deterrence for perpetrators and also providing positive benefits for the community while reducing the burden on the state.

Serving the state or serving the people? The dilemma of social work graduates in Mainland China

2021 ◽  
Author(s):  
Rajendra Baikady ◽  
Cheng Shengli ◽  
Gao Jianguo
Keyword(s):  
Social Work ◽  
Mainland China ◽  
The State ◽  
Postgraduate Students ◽  
The People ◽  
The Government ◽  
And Function ◽  
Work Education ◽  
Schools Of Social Work ◽  
Depth Interviews

This article reports on the result of an exploratory qualitative study with in-depth interviews conducted with postgraduate students in Chinese universities. The data were collected from five schools of social work, covering three provincial-level administrative regions of Beijing, Shanghai and Shandong. The principal aim of this article is to understand the development of social work and student perspectives on the government’s role in social work development and the function of social work in China. The study shows that Chinese social work is still developing, and the expansion and function of social work education and practice is mandated by the state. Despite a robust authoritarian hold by the government, the study finds hope among the graduate students about the mission and future of social work in China.

Killing through negligence and its distinction with other kinds of murder

2021 ◽  
Author(s):  
Vladimir Myslivyy ◽  
Angelina Mykyta
Keyword(s):  
Criminal Law ◽  
Human Life ◽  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Sufficient Information ◽  
Main Body ◽  
Common Features ◽  
Criminal Offenses ◽  
The Common

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

DEVELOPMENT OF UKRAINIAN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR TERRORISM

2017 ◽  
Author(s):  
Anastasiia Bedrata ◽  
◽  
Alina Nikolyuk ◽  
Keyword(s):  
Rapid Development ◽  
National Level ◽  
Global Scale ◽  
Criminal Code ◽  
The State ◽  
Political Position ◽  
National Minorities ◽  
Preventive Actions ◽  
Criminal Offenses ◽  
Criminal Legislation

The article examines the historical development and the process of formation of criminal legislation of Ukraine, the commission of criminal offenses in the field of terrorism. A comparative analysis of the criminal codes of 1927 1960 and 2001 was carried out in terms of articles that establish responsibility for a terrorist act. The question of differentiation of terrorist crimes from other similar ones is considered. These issues are becoming increasingly important in connection with the escalation of tensions both at the national level and in the international arena, in particular: due to the growth of radical adherents of religion, opponents of the current government in different countries, individuals of traditional views. refuse to accept the liberalization and empowerment of national minorities. However, despite the rapid development of the popularity of this issue on a global scale, special attention in this article should be focused on the development of national regulations on the issue of defining the concept of terrorism. Outline the preventive actions that the state of Ukraine can take to prevent the spread of these crimes. The urgency of this issue in Ukraine is due to various factors, and in particular: the unstable economic situation in the country, which depresses citizens, trampling them on a criminal path for easy profit; It is also worth noting the unstable political situation in the state, which leads to the emergence of opposition-minded citizens who are unable to be heard peacefully. At rallies and protests are forced to resort to more radical manifestations of their political position. As a result of the research conducted in the article, it was established how the national criminal legislation developed in terms of terrorist crimes, analyzed the content, established what disadvantages and advantages can be found in the criminal codes of 1927 1960 and 2001, proposed options for improving the legislation, as well as Proposals for Changing the Hierarchy of Values during the development of the new Criminal Code, the draft of which has already been developed on its own initiative. Groups of lawyers and scholars in the field of law.

scholarly journals Peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 289-293
Author(s):  
Inna Sichkovska
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
The State ◽  
Scientific Article ◽  
Main Task ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Criminal Offenses ◽  
National Police ◽  
Do So

. The scientific article is devoted to the issues of peculiarities of interaction of investigators with operative subdivisions of the National Police of Ukraine. It is determined that it should be understood as the interaction of employees of inquiry units with operational units of the National Police of Ukraine. The classification, forms and principles of such interaction are specified. The interaction between the coroner and the operative unit during the pre-trial investigation in the form of an inquiry has limits set by the legislator: it can be carried out at any stage of the pre-trial investigation in the form of an inquiry, but must end with the closure of criminal proceedings. application of coercive measures of medical or educational nature, petition for release of a person from criminal liability. When investigating criminal offenses, investigators interact with employees of operational units of the National Police, security agencies, the National Anti-Corruption Bureau of Ukraine, the State Bureau of Investigation, bodies supervising compliance with tax and customs legislation, the State Penitentiary Service of Ukraine, the State Border Guard services of Ukraine on the basis of the Constitution of Ukraine, the Criminal Code of Ukraine, the Criminal Procedure Code, the Laws of Ukraine «On the National Police», «On operational and investigative activities», etc. The investigator, exercising his powers in accordance with the requirements of the CPC of Ukraine, is independent in his procedural activities, interference in which persons who do not have the legal authority to do so is prohibited. The main task of interaction of inquiry units of the National Police of Ukraine with other structural subdivisions of the National Police is prevention of criminal offenses, their detection and investigation, bringing to justice the perpetrators, compensation for damage caused by criminal offenses, restoration of violated rights and interests of individuals.

PENALTIES FOR MINORS: COMPARATIVE LEGAL RESEARCH

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Community Service ◽  
Criminal Code ◽  
Criminal Offense ◽  
Distinctive Features ◽  
Criminal Offenses ◽  
The Family ◽  
The Republic ◽  
The Right ◽  
Quantitative Indicators ◽  
Family Code

The article defines the age characteristics of minors in accordance with the Family Code of Ukraine, the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Tajikistan and the Criminal Code of the Republic of Azerbaijan. The quantitative indicators of minors who, in 2020-2021, were notified of suspicion of committing criminal offenses, minor crimes, grave crimes and especially grave crimes, are given. The types of punishments provided by the criminal codes of Ukraine, Kazakhstan, Tajikistan and Azerbaijan, which can be imposed by the court on persons who have committed a criminal offense, at the age of fourteen to eighteen, have been determined. Taking into account the provisions of the Criminal Code of Ukraine, an analysis of punishments in the form of a fine, community service, correctional labor, arrest and imprisonment was carried out. The article analyzes the provisions of the Criminal Code of the Republic of Kazakhstan on punishments in the form of deprivation of the right to engage in certain activities, a fine, involvement in community service, correctional labor, restriction of freedom and imprisonment. The analysis of the content of the Criminal Code of the Republic of Tajikistan in terms of the features of punishments in the form of deprivation of the right to engage in certain activities, a fine, compulsory labor, correctional labor and imprisonment has been carried out. The analysis of punishments provided by the Criminal Code of the Republic of Azerbaijan in the form of a fine, community service, correctional labor, restriction of freedom and imprisonment has been carried out. The general and distinctive features characteristic of the list of punishments that can be assigned to minors have been established. The practice of the courts of Ukraine has been studied in relation to penalties in the form of a fine, correctional labor, community service and imprisonment. The works of domestic scientists are analyzed, on the basis of which, a circle of persons who have conducted research on individual issues on the responsibility of minors is determined.

scholarly journals Justification of Life imprisonment in Serbian Criminal Law

Lex Russica ◽  
2021 ◽  
pp. 134-142
Author(s):  
M. Milovic ◽  
M. Pusitsa
Keyword(s):  
Criminal Law ◽  
Family Environment ◽  
Criminal Policy ◽  
Preventive Measure ◽  
Criminal Code ◽  
The State ◽  
Life Imprisonment ◽  
State Institutions ◽  
Criminal Offenses ◽  
Sound Mind

In Serbia, disputes have been going on for years (which are also the subject of many congresses) about the regulation of the most severe types of punishment. The criminal policy of the country shows a tendency to toughen penalties. By attracting a lot of media attention and putting pressure on state institutions concerning certain tragic events caused by the murder and rape of minors, including children, some members of the public hysterically demand that the state respond with the strictest penalties, even if they no longer exist (the death penalty).In December 1, 2019 The Law on Amendments and Additions to the Criminal Code, which, among other things, prescribes life imprisonment, entered into force. It is assumed that the fact that there is a life sentence for particularly serious crimes, such as murder or crimes against sexual freedom in particularly serious forms, may make criminals think twice before committing them. In addition, proponents of the introduction of such a punishment argue that the fear of life imprisonment can act as a corrective and preventive measure, thereby reducing the proportion of these criminal offenses.The paper provides a critical analysis of this justification for the return of life imprisonment to the criminal law. The arguments against this include: 1) statistics confirm that life imprisonment for possible criminals who have committed particularly serious criminal offenses is not a factor of prevention; 2) general prevention is undermined; 3) the previously existing maximum prison term was not an obstacle, that is, it was not a factor of prevention; 3) innovations would not change the decisions of criminals, although they were in their sound mind at the time of committing criminal offenses, realizing the illegality of these actions; 4) it becomes impossible to carry out the correction and re-socialization of the sentenced person, who knows that he will remain closed outside the social and family environment for the rest of his life; 5) it is also necessary to keep in mind that it is the state that financially maintains such criminals.

scholarly journals APPLICATION OF THE LAW AND PREVENTION OF ECONOMIC CRIME IN KOSOVO

2019 ◽  
Vol 30 (6) ◽  
pp. 1491-1495
Author(s):  
Arsim Dragaj ◽  
Alban Maliqi
Keyword(s):  
Social Relations ◽  
Social System ◽  
Doctoral Degree ◽  
Criminal Code ◽  
The State ◽  
Economic Crime ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
International Stability

The issue, which we will be treated economic criminality and its features. Economic criminality, as a shaft theme, will be analyzed in several respects. In this paper of doctoral degree will be treated the economic criminality, which in the criminal code of Kosovo is defined as a criminal offense against the economy. Some of the criminal offenses against the economy will be analyzed along with their general and specific characteristics and will also be treated the penalties foreseen for these criminal offenses. Especially will be treated thee factors and causes that influence the occurrence of this criminality separately. Economic criminality has a degrading effect on the contemporary social system and regulation of the state. This kind of criminality as such as it is, poses a threat to Kosovo's stability and international stability, so the limits of the extent of economic criminality, we can say, there are not the country's borders. In Kosovo, economic criminality continues to be a very present and very negative phenomenon that is trying to emulate the development and consolidation of the state of Kosovo. The damage that comes as a result of economic criminality is far greater than any expense incurred for combating and preventing this phenomenon. Economic criminality is a dangerous phenomenon for society, as this kind of criminality is affecting the economic system and the economic and social relations of the country. Since the title of this issue is "The Forms and Causes of Economic Crime in Kosovo for the Period 2008-2011", so for the purpose of recognizing the presence and presence of this kind of criminality in Kosovo will be presented a criminal offense economic crime for the period from 2008 to 2017. In continuance there will be treated the procedural aspect and the role of the competent bodies for prosecuting, preventing and combating economic criminality such as the police, the prosecution and the court.

scholarly journals PEMBAHARUAN SANKSI PIDANA BERDASARKAN FALSAFAH PANCASILA DALAM SISTEM HUKUM PIDANA DIINDONESIA

2016 ◽  
Vol 95 ◽  
Author(s):  
Tommy Leonard ,
Keyword(s):  
Social Work ◽  
Law Enforcement ◽  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Law Reform ◽  
The Third ◽  
The People ◽  
Criminal Penalties

Abstract Since Indonesia’s Law Number 1 of 1946 concerning Criminal Law (hereinafter referred to as the Criminal Code) applied, criminal law reformed to continue till now, both the modernity of the criminal law material, formally criminal law, and criminal law enforcement. The third part of the criminal law is part of the criminal law integratted to criminal law reform which must be involved to all three parts so they can be implemented. To achieve the objective of sentencing, Bill Criminal Code of 2012 also formulated a modernity of criminal code. types consist of three types. First, the principal of the criminal consisting of imprisonment, criminal surveillance,criminal fines,and criminal social work. Second the criminal subject of a special nature, namely the death penalty. Third, the additional penalty which consists of the removal of certain rights, deprivation of certain goods and / or bill, the judge’s verdict, payment of compensation,and the fulfillment of obligations of local customs or obligations under the laws of living in society. A appropriate theory and the theory improvement prevention of criminal penalties is an approach based on instrumental perspective. The punishment had been seen as an instrument to achieve certain objectives that lies beyond the punishment itself, namely the improvement of the perpetrator or the people protection. The nature and modalities of punishment must be tailored to the objectives which would be achieved. Thus, the imposition of punishment has no meaning in itself, but deriving their value from something else, namely from those objectives. The implication is that if the penalty is only seen as a means, basically can be replaced by other means which may be more efficient Keywords: criminal code, concept, Pancasila Abstrak Sejak Undang-Undang nomor 1 tahun 1946 tentang Peraturan Hukum Pidana (selanjutnya disebut KUHP) berlaku, pembaharuan hukum pidana terus berlangsung hingga saat ini, baik pembaharuan terhadap hukum pidana material, hukum pidana formal, maupun hukum pelaksanaan pidana. Ketiga bagian hukum pidana tersebut merupakan bagian dari hukum pidana yang terintegral sehingga pembaharuan hukum pidana harus melibatkan ketiga bagian tersebut agar dapat dilaksanakan. Untuk mencapai tujuan pemidanaan, RUU KUHP Tahun 2012 juga merumuskan pembaharuan jenis pidana. Pembaharuan tersebut terdiri atas tiga jenis. Pertama, pidana pokok yang terdiri atas pidana penjara, pidana tutupan, pidana pengawasan, pidana denda, dan pidana kerja sosial. Kedua, pidana pokok yang bersifat khusus, yaitu pidana mati. Ketiga, pidana tambahan yang terdiri atas pencabutan hak tertentu, perampasan barang tertentu dan/atau tagihan, pengumuman putusan hakim, pembayaran ganti kerugian, dan pemenuhan kewajiban adat setempat atau kewajiban menurut hukum yang hidup dalam masyarakat. Pendekatan teori perbaikan dan teori prevensi tentang hukuman pidana adalah pendekatan berdasarkan perspektif instrumentalistik. Hukuman dipandang sebagai instrumen untuk mencapai tujuan tertentu yang terletak di luar hukuman itu sendiri, yakni perbaikan pelaku atau perlindungan masyarakat. Sifat dan modalitas dari hukuman harus disesuaikan pada tujuan yang mau dicapai. Jadi, Penjatuhan hukuman tidak memiliki makna dalam dirinya sendiri, tetapi memperoleh nilainya dari sesuatu yang lain, yakni dari tujuan itu. Implikasinya adalah jika hukuman hanya dipandang sebagai sarana, pada dasarnya dapat diganti dengan sarana-sarana lain yang mungkin lebih efisien. Teori hukuman instrumentalistik mengimplikasikan penghapusan hukuman. Keyword: Hukum Pidana, Konsep, Pancasila

scholarly journals Tanggap Bencana Mahasiswa KKN STIBA Makassar Melalui Pembinaan Rohani Masyarakat Desa Kabiraan Kabupaten Majene

2021 ◽  
Vol 2 (2) ◽  
pp. 125-135
Author(s):  
Aswar Aswar ◽  
Iskandar Iskandar ◽  
Syandri Syandri
Keyword(s):  
Community Service ◽  
Social Experience ◽  
The State ◽  
Earthquake Disaster ◽  
The People ◽  
Successful Work ◽  
Real Work ◽  
Work Programs

The purpose of STIBA Makassar Real Work Lecture (KKN) with the concept of “KKN Kemanusiaan of West Sulawesi” is to realize community service which is a pillar of “Tri Darma Perguruan Tinggi”. The method of implementing this program is to map the problem using SOAR analysis. After analyzing the problems and needs of the community, several appropriate work programs are prepared. Successful work programs are Dirosah Method of Al-Qur’an Learning, Weekly Taklim, Community Service, Tablig Akbar, TK/ TPA, Clean Friday, and others. The results of the activities showed that STIBA students are able to serve the people affected by the disaster seriously so that they get a lot of social experience. The community of Ulumanda, especially in Kabiraan village, feel very helped by the presence of students during KKN there and fully support the implementation of “KKN Kemanusiaan STIBA Makassar” for the recovery of the state of the community after the earthquake disaster. All parties expect the sustainability of KKN activities in terms of construction both formally and non-formally for Kabiraan village.

scholarly journals Violence against the person - criminal offenses against human dignity

2021 ◽  
Vol 2 (16) ◽  
pp. 122-138
Author(s):  
Nataliia Andriivna Savinova
Keyword(s):  
Domestic Violence ◽  
Human Dignity ◽  
Criminal Code ◽  
The State ◽  
Social Significance ◽  
Self Assessment ◽  
Personal Freedom ◽  
Criminal Offenses ◽  
Psychological Sense ◽  
The Individual

The article proves the need to determine human dignity as a generic object of violence against a person. The article describes the state of the description of criminal offenses against human dignity under the Criminal Code of 2001 (as of 2021). According to the author, the author considers the presence of violence against a person to be an act of "crime against dignity" in the actions of the group "crime against dignity". The article proves the need to determine human dignity as a generic object of violence against a person. The article describes the state of the description of criminal offenses against human dignity under the Criminal Code of 2001 (as of 2021). According to the author, the author considers the presence of violence against a person to be an act of "crime against dignity" in the actions of the group "crime against dignity". In the content of the article, the author argues that crimes against human dignity include: all forms of domestic violence, discrimination, bullying and stalking. Under these conditions, the main unprecedented objects of these acts is the dignity of man in its psychological sense. It is this dignity that suffers in the case of abusive actions against the individual. The author, however, does not combine the understanding of mental safety and human dignity, because he considers these phenomena not identical. This approach is due to the understanding of the understanding of human dignity as a unity of components: self-assessment of their own qualities, abilities, worldview, their behavior and social significance. The text of the article provides proposals for the prospects of correct inclusion of such acts in the draft Criminal Code in the process of developing Section 4.5. "Crimes against personal freedom and human dignity."

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