scholarly journals Prevention of Perpetrating the Criminal Offense of Theft-Theoretical and Practical Aspects

SEEU Review ◽  
2021 ◽  
Vol 16 (2) ◽  
pp. 48-68
Author(s):  
Fat Mustafa ◽  
Ismail Zejneli

Abstract The aim of this paper is to analyze the factors that influence the occurrence of the criminal offense of theft as well as the roles of all parties involved in its preventive activities. Ownership creates rights and obligations, and it should serve the well-being of the individual and the community. No one can be deprived of, nor limited from property and the rights deriving from it, except when it comes to the public interest determined by law. Belongings can be movable and real estate. The subject of the criminal offense of theft can be only related to movable items that have economic value and serve to human needs and not in cases when they are abandoned. In the process of preventive fight against crime, it is of great importance to define explicitly and concretely the roles, the tasks, and the goals of certain subjects of preventive activities.

2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 37-46
Author(s):  
Mariusz Krawczyk

The article concerns the issue of common good in the activity of public administration. It is exactly the aspects of this “good” which have a direct influence on the motives behind administrative actions. It turns out that what is “common” can be understood as pertaining to entire society, but also in relation to individual interests. The public administration, although traditionally connected only to the public interest, also implements the good of the individual and this not only indirectly, as it has been noted in the literature of the subject so far, but also independently. Because the common good has its different aspects in the sense that it does not have to mean only values of a strictly general dimension. This may be significant for the definitional purpose to the very administration itself and testifies, at the same time, to the multidimensional nature of contemporary public administration. The considerations are developed with reference to potential relations of public interest and the individual one, in which the most important place is occupied by conflict of these interests.


2021 ◽  
pp. 179-185

Modern processes of globalization in some way shake the established notions of human rights, and therefore their interpretation and content may be limited or expanded contrary to the regulations of the highest legal force. This creates conflict not only in the legal field, but also in society as a whole. It is emphasized that the most effective and less conflicting will be the norm, the content of which fully reflects both public and individual interest, the norm, in the process of interpretation and implementation of which the social value of law is achieved. What does it mean? That the right in the understanding of the official expression of norms should be only those provisions that ensure the well-being and development at the level of personal and public interest, guarantee and do not violate human rights. It is noted that the value of the right for the individual is that it is able to meet the human need for freedom and establishes a certain order of its use. The value of law for the whole society is manifested in the fact that the law guarantees security, order and harmonization of social relations, integrity and solidarity of society. Human rights and freedoms in the state, its interests should not be opposed to the rights and freedoms of others. At the same time, along with universally recognized human rights and freedoms, there are generally recognized restrictions on most of them. This raises the question of the objectively determined need to define boundaries and their criteria in the process of exercising one’s rights and freedoms. An analysis of legal practice in the context of finding a balance of public and private interest on the example of the constitutional right to education. The conclusion is that education is both a constitutional right and a duty and is not subject to any restrictions, and the state must ensure that education is accessible to all. In the process of ensuring the public interest, the state should apply permissible legal mechanisms to motivate a person to implement certain norms, such as persuasion, not coercion, encouragement, not the threat of punishment. Otherwise, it will lead to discrimination in the exercise of the rights and opportunities provided by the Constitution and the freedom to exercise them. And the establishment of the necessary restrictions provided by international legal instruments must be based on the principles of necessity, justice, legality, equality of rights and freedoms. Keywords: human rights, right to education, discrimination, equality, public interest.


2020 ◽  
Vol 3 (1) ◽  
pp. 80
Author(s):  
Muniyandi Balasubramanian

Forest ecosystem services have played a vital role in human well-being. Particularly, recreational ecosystem services are creating physical and mental well-being for human beings. Therefore, the main objective of the paper is to estimate the economic value of recreational ecosystem services provides by recreational sites such as Nandi Hills and Nagarhole National Park based on the individual travel cost method in Karnataka, India. This study has used a random sampling method for 300 tourist visitors to recreational sites. The present study has also estimated the consumer surplus of the visitors. The results of the study have found that (i) economic value of two creational sites has been estimated at US $323.05 million, (ii) the consumer surplus has been estimated for Nandi Hills at US $7.45 and Nagarhole National Park at US $3.16. The main implication of the study is to design the entry fees for the recreational site and sustainable utilization of recreational ecosystem services for the present and future generations.


2021 ◽  
Vol 17 (4) ◽  
pp. 491-502
Author(s):  
Alexsandr Kuklin ◽  
Sergey Okhotnikov

The article considers a generalizing characteristic of the citizen's wellbeing in the territory of residence, assesses indicators based on statistical data, and makes adjustments due to safety indicators. The author's diagnostic technique was used, which includes corrective indicators. For this purpose, the method of express diagnostics was applied, which made it possible to select the 8 most significant from 12 modules and 43 indicators of economic security. The rate of change of each of the 8 indicators was taken into account, which made it possible to determine the changes in these indicators and the predisposition to one degree or another of the socio-economic crisis. A change in the trend of an indicator can lead to the opposite effect at the expense of other main influencing indexes. This takes into account the borderline state of the indicator, namely, its rate of growth or decline and predisposition to a particular crisis zone. The turning zones of the trend of changes in indicators have been determined. The object of the research is the well-being of the individual in the territory of residence for each subject of the Ural Federal District. The authors made an attempt to consider in the analysis not just the population of the subject (the number of people), but also to assess the personality from the standpoint of moral development, the level of education, the available opportunities for spiritual development, the provision of benefits necessary to maintain life and the degree of satisfaction of the needs of the population. This will allow to carry out the current analysis of the state, but also to consider the forecast dynamics of change for the next 2 to 3 years. The results obtained can be used in the current assessment of the socio-economic situation in the regions of Russia, as well as in planning and forecasting individual indicators of individual citizen wellbeing in the territory of residence


Author(s):  
Karolina Dłuska

The author of the article tries to indicate the relationship between the perceived presence of the Catholic Church in public life and the election preferences of Poles. The subject of the research here is the parliamentary elections in Poland in 2011 in the context of the perception by the electorate of the individual parties of the public presence of the Catholic Church in the selected aspects. Among them, the author points to: the issue of crosses and other religious symbols in public space, including the issue of a cross in the Sejm meeting room. She also recalls such matters as: religion lessons in schools, the religious nature of the military oath, priests appearing on public television, the Church taking a stand on laws passed by the Sejm and priests telling people how to vote in elections. The presented analysis is based on the results of the Polish General Election Study 2011.


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>


PEDIATRICS ◽  
1953 ◽  
Vol 11 (4) ◽  
pp. 416-418

Since you were interested in some casual remarks I made concerning the dispersion of our medical training resources in this country, I am going to impose on your patience by further expanding the subject. Much has been said and written lately about the shortage of physicians and allied technical personnel. In spite of the fact that we have more physicians per thousand population than any other major country, we are constantly being told that we face a critical shortage of doctors and that something must be done about it. It is true that the demand of the general population for health services has vastly increased. Whether this increase is due to an intelligent understanding by more people of what good medicine can offer, or to overindulgence in the luxuries of medicine, may be open to question. The fact remains, however, that in spite of a constant increasing number of doctors per thousand, and greater productivity of the individual physician by reason of better transportation, improved mechanical aids, and an increased number of technical assistants, the load on medicine steadily increased. This load has been diminished in no way by dividing "Gaul" not into three parts, but into six. This alleged shortage of doctors and other health personnel is partly due to faulty distribution but it is also to a considerable extent an artificial creation brought about by unnecessary expansion of government medical services.


2021 ◽  
pp. 852-870
Author(s):  
Richard Whish ◽  
David Bailey

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.


1973 ◽  
Vol 99 (2) ◽  
pp. 107-130
Author(s):  
H. F. Purchase

The Council of the Institute has for some time thought it would be advisable that members should have the opportunity of discussing the difficult problems of professional conduct and practice at a sessional meeting, particularly since the report on the subject by the Monopolies Commission (A report on the general effect on the public interest of certain restrictive practices so far as they prevail in relation to the supply of professional services. Cmnd. 4463). Hence this present paper.Although the paper has been written by the present Chairman of the Institute's Professional Guidance Committee, and the main arguments are in general line with the views of that committee and of Council, the emphasis given to various points and the views on the detailed contents must be regarded as personal to the author.


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