scholarly journals Criminal-legal significance of compensation for harm from a crime

2021 ◽  
Vol 7 (2) ◽  
pp. 449-454
Author(s):  
Sergey Aleksandrovic Shumakov ◽  
Irina Aleksandrovna Tolstova ◽  
Vladimir Arkadievich Kishko ◽  
Konstantin Ivanovich Popov ◽  
Aleksandr Vladimirovic Shelygov
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The Rule Of Law ◽  
Legal Norms ◽  
The Social ◽  
Criminal Procedure Law ◽  
Qualitative State ◽  
Subjective Rights

The study is devoted to the substantiation of the criminal-legal significance of compensation for harm from a crime. To fight crime and other offenses, the criminal procedure law aims at creating property barriers to the illegal and unjustified use of objects of all forms of ownership, ensuring the return of property to the victim or compensation for harm. The protection of violated subjective rights can be carried out not only with the help of civil legislation but also criminal and administrative ones. In cases of compensation for harm from a crime, the unlawful act acquires a new qualitative state, reflecting not only the inconsistency of behavior with legal norms but also the social danger, that is, its damage to the civil society and the rule of law.

Civil society and the nature of urbanism: Britain, 1750–1850

Urban History ◽  
1998 ◽  
Vol 25 (3) ◽  
pp. 289-301 ◽  
Author(s):  
R.J. Morris
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Free Market ◽  
Central Place ◽  
Historical Evidence ◽  
The Rule Of Law ◽  
Political Relationships ◽  
The Social ◽  
Making Choices ◽  
Urban Places

ABSTRACTThe concept of civil society provides a useful means of evaluating the social and political relationships of British towns. Civil society refers to the non-prescriptive relationships that lie between the state and kin. Such relationships are associated with the existence of the free market, the rule of law and a strong voluntary associational culture. Both theoretical analysis and historical evidence link civil society with the nature of urban places, their complexity, their function as a central place and their operation as a focus for flows of information. Between 1780 and 1820 the agencies of civil society in Britain provided an arena for making choices, for reasoned informed debate and for the collective provision and consumption of services in an open and pluralist manner.

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals Līdzsvars starp atklātumu un interesēm izskatīt lietu slēgtā tiesas sēdē Kriminālprocesa likumā un tā piemērošanā praksē

2021 ◽  
pp. 560-567
Author(s):  
Ērika Gribonika ◽  
Keyword(s):  
Rule Of Law ◽  
Criminal Procedure ◽  
Descriptive Study ◽  
Criminal Proceedings ◽  
The Rule Of Law ◽  
Democratic State ◽  
Criminal Procedure Law

The article is designed as a doctrinal, descriptive study that examines the prin­ciple of openness in criminal proceedings. It is structured in two parts; the first part identifies the content and significance of openness as a constitutional value in a democratic state governed by the rule of law, whereas the second part of the article describes the restrictions of the principle of openness set by the legislator in the Criminal Procedure Law, as well as outlines the content of the interests for the protection of which these restrictions have been created. Finally, the mechanisms established by law for maintaining the created balance are considered.

scholarly journals DISCUSSION ON ISSUES OF THE THEORY OF LEGAL INCENTIVES

2018 ◽  
Vol 6 ◽  
pp. 562-567
Author(s):  
Aleksandr Gavritskiy ◽  
Svetlana Miroshnik
Keyword(s):  
Rule Of Law ◽  
Human Factor ◽  
Private Companies ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Social Actions ◽  
Legal Relationship ◽  
The Social ◽  
Theory Of Law ◽  
Definition Of

The purpose of this article is to examine legal incentives as a form of a lawful norm to improve the social actions of individuals. A definition of legal incentive as a variety of legal norms is formulated and the features and principles of an incentivizing legal relationship identified and formulated. The provisions can be viewed as approaches for solving the problems of motivating lawful behavior and for use in analyzing practical problems associated with the theory of law, legal culture, and the rule of law. The concept offered reveals new possibilities for cognition of legal relations that are important for developing the theory of legal norms and the theoretical aspects of the realization of law. The functional approach underlying the research emphasizes the importance of this form of law and promotes the more efficient use of the its potential. The conclusions are relevant for further theoretical studies and the development of a policy by private companies aimed at activating the human factor to increase the productivity of their employees.

Postcommunist ambivalence: becoming of a new formation?

1996 ◽  
Vol 37 (1) ◽  
pp. 104-140 ◽  
Author(s):  
Barbara A. Misztal
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Free Market ◽  
Parliamentary Democracy ◽  
The Rule Of Law ◽  
Strong State ◽  
The Social ◽  
Real Socialism ◽  
Postcommunist Transformation ◽  
Insight Into

The initial optimistic illusions about the future of postcommunist countries have been cut short by not so encouraging developments in these societies. With the growing awareness that the postcommunist transition cannot be understood as a linear passage to a free market and parliamentary democracy, more attention is paid to the social and economic obstacles as well as to the legacy of real socialism. The feelings of increasing uncertainty about the outcome of postcommunist transformation have led some writers to characterise Eastern Europe as being in the stage of liminality (or in an inbetween stage), in which everything may happen yet little can be done (Bauman 1994: 32). Arguing from a Tocquevillian position for the need of both a strong state and a strong civil society and also adopting his insight into the importance of enlightened interest, I shall discuss factors responsible for a lack of government which operates under the rule of law, as well as discussing factors responsible for obstructing the development of civil society and the emergence of enlightened interest in the post-communist societies.

scholarly journals Is “Public Interest” a Conceptual Category of Contemporary Polish Procedural Criminal Law?

2020 ◽  
pp. 93-104
Author(s):  
Hanna Paluszkiewicz
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Public Interest ◽  
Criminal Procedure ◽  
Conceptual Category ◽  
The Rule Of Law ◽  
The Social ◽  
The Subject ◽  
State Prosecutors

This study aims at presenting conceptual category named “public interest” under the Polish procedural criminal law. The concept of “public interest”, which is the subject of this analysis, is treated as an indefinite term, functioning as a general clause, whose the task of which is to render a legal text more “flexible” by referring to a set of values outside of the system. The term “public interest” is no longer used in the provisions of the Code of Criminal Procedure. The legislator still uses many other general clauses, including the “social interest” clause. The analysis of cases in which this clause is used shows that, in fact, these two conceptual categories may not be equated, should not be used interchangeably, and are not synonymous. Although the term “public interest” is no longer a statutory term under the Code of Criminal Procedure, given the fact that it expresses values such as respect for the law and the rule of law, it should be assumed that by proper shaping of the criminal trial model and ensuring that entities performing the role of public interest advocates participate in it, these values are – at least potentially – protected. State prosecutors, in their capacity of public interest advocates and in order to properly discharge their duty to uphold the rule of law, should maintain organizational independence and procedural impartiality.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

Die Reichsstrafprozessordnung (1879) zwischen Wahrheitsanspruch und Bürgerrechten - oder: was ändert ein Gesetz an der Rechtspraxis? / The Code of Criminal Procedure (RStPO, 1879) between the rule of law and the search for truth - or: What difference does a bill really make in the courtroom?

2014 ◽  
Vol 34 (1-2) ◽  
Author(s):  
Alexandra Ortmann
Keyword(s):  
Rule Of Law ◽  
Criminal Procedure ◽  
The Rule Of Law

ZusammenfassungDer vorliegende Text leg die rechtspolitische Kompromissfindung im Rahmen der Kodifikation der Reichsstrafprozessordnung von 1879 dar. Die Reichsstrafprozessordnung bildete den Abschluss eines Reformjahrhunderts und den Beginn des modernen Strafprozesses in Deutschland. Traditionellglt sie als Kongromiss zwischen dem „Inquisitions-“ und dem ,Anklageprinzip “. Der Text argumentiert jedoch, dass sich hier gesellschaftspolitisch ein Konflikt um die Ralle der Bürgerrechte bzw. die Machtverteilung im Staat manifestierte, der sich im Zielkonflikt fischen der materiellen Wahrheitssuche und der Wahrung der Tom ausdrückte. Am Beispiel der Voruntersuchung wird dabei aufgezeigt, dass die Kodifikation diesen Zielkonflikt faktisch nicht entschied, sondern durch eine zeitgleich sich entwickelnde neue methodische Freiheit bei der Gesetzesauslegung in die Macht der Juristen verlagerte: Selbst wenn eine Rechtspraxis dezidiert gegen den Willen des Gesetzgebers war, konnte sie nun gesetzeskonform sein. Den rechtspolitischen Differenzen aus der Kodifikationsphase kam daher auch nach 1879 eine immense Bedeutung zu. Die Auslegung der Norm war faktisch durch rechtspolitische Zielkonflikte bestimmt. Damit sank jedoch der Einfluss, den die Norm selbst auf die Veränderungen im Gerichtssaal hatte.

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