scholarly journals Image and exposure: Envisioning genetics as a forensic-surveillance matrix

2013 ◽  
Vol 11 (3) ◽  
pp. 237-251
Author(s):  
Erin Kruger
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Genetic Data ◽  
Crime Scene ◽  
Dna Profiling ◽  
Diverse Range ◽  
The Status ◽  
Legal Domain ◽  
The One ◽  
Identification Model

This paper takes the ‘visual’ as the primary subject to engage in a dialogue about surveillance by drawing upon the specific case of the genetic image. Specifically, the genetic image has shifted from the ‘one gene for one identification’ model used in the criminal law to, what are now, categorical, contextual and pattern-based configurations of DNA profiling that are able to compare multiple genetic samples in a singular image. The ability to profile genetics for law and security purposes is, thus, protracting well beyond the confines of the criminal legal domain (i.e. the crime scene, forensic laboratory, courtroom) and into the realm of surveillance: national security, defense, immigration, military and even humanitarian domains. Such a notable transition in visual profiling has also been met with a synonymous reformation in the status of genetic data as it converts from evidence in the realm of criminal law to, now, intelligence in the surveillance-based contexts noted above. This visual reclassification of genetic data reorients DNA to an informing, as opposed to an identifying role. Finally, how experts, scientists, legalists and other relevant practitioners conceive and represent ‘truth’ and ‘trust’ in light of an increasingly diverse range of genetic imagery is subject for discussion.

scholarly journals Problem issues of objectives and motives in composition of crimes against the basis of national security of Ukraine

2019 ◽  
pp. 89-103
Author(s):  
R. Chorniy
Keyword(s):  
National Security ◽  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Legislative Proposal ◽  
Law Enforcement Officials ◽  
Dual Interpretation ◽  
The One ◽  
Subjective Side

Important criminal value, first of all, for the proper qualification of the crimes provided by Art. 109 - 114-1 of the Criminal Code of Ukraine, the justice of the punished person is punished by the purpose and motive of the crime, which are independent psychological features of the subjective party, which, in turn, is not limited to the subject's attitude to the socially dangerous act or omission committed by him and its consequences. The purpose of the article is to identify the main problems that arise in determining the purpose and motives of crimes against the basics of national security and to formulate proposals to improve the provisions of the Criminal Code of Ukraine. The investigations of the indicated features of the subjective side of the warehouses of criminals provided for in Art. 109 - 114-1 of the Criminal Code of Ukraine demonstrated that the science of criminal law presents different approaches of the authors to understanding the purpose and motives of the basic and qualified compositions of crimes against the bases of national security of Ukraine. Articles of Section I of the Special Part of the Criminal Code are designed in such a way as to presuppose on the one hand a dual interpretation of some subjective features of the crime, on the other - the obligatory features of the subjective party specified in them are superfluous or those which are fixed in violation of the normative design rules technology. Yes, the following issues remain unresolved today: From the point of view of the legislative proposal, the position regarding the necessity to anticipate as a constructive feature of public calls and dissemination of materials with calls for action, provided for in Part 2 of Art. 109 and Part 1 of Art. 110 of the Criminal Code of Ukraine, a special purpose, since the proposed approach will create difficulties in proving by the investigators and the court the guilt of the person in committing the relevant crime. Predicting the purpose of the crime as a mandatory feature in the note to Art. 110-2 of the Criminal Code of Ukraine does not fully correspond to the main purpose of the said constructive part of the criminal law norms and rules of the normative design technique, and also leads to narrowing the scope of the said article, difficulties in proving in criminal proceedings. the provisions of Part 1 of Art. 111 of the Criminal Code of Ukraine give grounds for claiming that there is a so-called "double" purpose in it, which creates certain difficulties for qualification and prosecution of the perpetrator precisely for treason. Damage not only to the sovereignty, territorial integrity and inviolability, defense capacity, state, economic or information security of Ukraine, but also to other types of state security may be desirable for the subject. Features of the technical and legal design of the disposition of Art. 112 of the Criminal Code of Ukraine is the basis of different approaches of the authors to understanding the obligatory features of the subjective side of the crime committed by it. Only motive, purpose and motive, purpose or motive that does not facilitate their correct interpretation by law enforcement officials and court practice are considered such.

Identification in E-Government

2011 ◽  
pp. 984-987
Author(s):  
H. Leitold ◽  
R. Posch
Keyword(s):  
National Level ◽  
Electronic Signatures ◽  
Digital Certificates ◽  
The Status ◽  
Model Section ◽  
Personal Appearance ◽  
Identity Cards ◽  
The One ◽  
To Receive ◽  
Identification Model

Official procedures usually require that the citizen is unmistakably identified. This may be needed to ensure that the person approaching the authority is the one that has filed an application such as tracking the status of a request, for exercising certain rights such as representing a company or being a party in a proceeding, or for ensuring that the person is eligible to receive certain information such as her penal record. We define identification as the process necessary to validate or recognize identity. In addition to identification, authenticity of a declaration of intent or act is needed in order to establish assurance of the purported identity. In conventional paper-based processes with personal appearance identification is usually carried out using identity cards, deeds, or witnesses. Authentication is provided by handwritten signatures. When in e-government official processes are carried out electronically, both identification and authentication remain important aspects and need to be supported electronically. This may be provided by introducing electronic substitutes of paper-based official documents and handwritten signatures. At first glance, electronic signatures, digital certificates, and public key infrastructure (PKI) are such means. The legal basis for electronic signatures exists, for example, at the E.U. level (Signature Directive, 1999) or by national signature laws such as (Signature Law, 2000). However, some issues need to be considered when introducing identification models for e-government on the regional or national level. These issues include scalability, durability, sustainability, and last but not least data protection and privacy. In this article we discuss these issues on identification in e-government. Therefore, the requirements on identification are sketched in section “Requirements of an Identification Model.” Section “Identification vs. Electronic Signatures” continues by highlighting what shortcomings an identification model solely relying on electronic signatures and PKI faces. Section “Approaches to Electronic Identification” gives an overview of what solutions have been proposed and section “Fragmented Identifiers to Preserve Privacy” deepens one approach by introducing the model that has been followed by Austria (E-Government Act, 2004).

Identification in E-Government

2011 ◽  
pp. 1387-1392
Author(s):  
Herbert Leitold ◽  
Reinhard Posch
Keyword(s):  
National Level ◽  
Electronic Signatures ◽  
Digital Certificates ◽  
The Status ◽  
Model Section ◽  
Personal Appearance ◽  
Identity Cards ◽  
The One ◽  
To Receive ◽  
Identification Model

Official procedures usually require that the citizen is unmistakably identified. This may be needed to ensure that the person approaching the authority is the one that has filed an application such as tracking the status of a request, for exercising certain rights such as representing a company or being a party in a proceeding, or for ensuring that the person is eligible to receive certain information such as her penal record. We define identification as the process necessary to validate or recognize identity. In addition to identification, authenticity of a declaration of intent or act is needed in order to establish assurance of the purported identity. In conventional paper-based processes with personal appearance identification is usually carried out using identity cards, deeds, or witnesses. Authentication is provided by handwritten signatures. When in e-government official processes are carried out electronically, both identification and authentication remain important aspects and need to be supported electronically. This may be provided by introducing electronic substitutes of paper-based official documents and handwritten signatures. At first glance, electronic signatures, digital certificates, and public key infrastructure (PKI) are such means. The legal basis for electronic signatures exists, for example, at the E.U. level (Signature Directive, 1999) or by national signature laws such as (Signature Law, 2000). However, some issues need to be considered when introducing identification models for e-government on the regional or national level. These issues include scalability, durability, sustainability, and last but not least data protection and privacy. In this article we discuss these issues on identification in e-government. Therefore, the requirements on identification are sketched in section “Requirements of an Identification Model.” Section “Identification vs. Electronic Signatures” continues by highlighting what shortcomings an identification model solely relying on electronic signatures and PKI faces. Section “Approaches to Electronic Identification” gives an overview of what solutions have been proposed and section “Fragmented Identifiers to Preserve Privacy” deepens one approach by introducing the model that has been followed by Austria (E-Government Act, 2004).

scholarly journals Independence of the Judge, the Prosecutor and the Investigator

2018 ◽  
Vol 5 (4) ◽  
pp. 105-119
Author(s):  
A A Tymoshenko
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Preliminary Investigation ◽  
Judicial System ◽  
Criminal Process ◽  
Legal Problems ◽  
The Status ◽  
The One ◽  
Complete Dependence

In the article, based on the analysis of doctrinal literature, law enforcement practice, the results of the survey of prosecutors and investigators questioning the issues of the institute of independence (independence) of the judge, the prosecutor and the investigator. These participants in the criminal process, performing key functions in criminal proceedings, need serious guarantees of the exercise of their special powers. At the same time, the study of relevant legislative acts leads to the conclusion that there are a number of problems whose solution will significantly increase the status of these officials and make them active participants in solving urgent problems of the population. On the one hand, the principle of absolute independence of a judge from the leadership of the judicial system, and on the other - the need to ensure the elementary organization of labor of “ordinary” servants of Themis. Likewise, the author sees a gap in the special powers of the investigator, who has the opportunity to practically independently resolve the criminal law tort, and an indicator of his real autonomy within the preliminary investigation body, which is characterized by an almost complete dependence on the leadership of the investigative body. In addition, the legislator does not form at all his attitude towards the internal independence of an employee of the prosecution authority. In view of the revealed organizational and legal problems of ensuring the independence (autonomy) of the judge, the prosecutor and the investigator, the author comes to the conclusion that it is necessary to more finely regulate the organization of work of these persons, in every possible way protecting them from outside interference

Vier Arten von Römern unter den Franken im 6. bis 8. Jh.

2016 ◽  
Vol 133 (1) ◽  
pp. 459-468
Author(s):  
Detlef Liebs
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Roman Law ◽  
Procedural Law ◽  
The Status ◽  
The Difference ◽  
Law Texts ◽  
Fourth Kind

Abstract Four kinds of Romans in the Frankish kingdoms in the 6th to 8th centuries. Roman law texts from Merowingian Gaul make a difference between cives Romani, Latini and dediticii, all considered as Romans. This difference mattered only to slaves who had been freed. The status of Latin and dediticius was hereditary, whereas the descendants of one who had been freed as civis Romanus were free born Romans, who should be classified as a proper, a fourth kind of beeing Roman; it was the standard kind. The difference was important in civil law, procedural law and criminal law, especially in wergeld, the sum to be payed for expiation when somebody had been killed: Who had killed a Roman, had to pay different sums according to the status of the killed.

THE ISSUES OF NATIONAL SECURITY AND NUCLEAR DISARMAMENT IN THE WORK OF THE WORLD RUSSIAN PEOPLE'S COUNCIL IN THE 1990-S.

2020 ◽  
Vol 9 (3) ◽  
pp. 111-119
Author(s):  
Yu.Yu. IERUSALIMSKY ◽  
◽  
A.B. RUDAKOV ◽  
Keyword(s):  
National Security ◽  
Armed Forces ◽  
Nuclear Disarmament ◽  
Russian Orthodox Church ◽  
Security Issues ◽  
New Concepts ◽  
The Social ◽  
The World ◽  
Nuclear Component ◽  
The One

The article is devoted to the study of such an important aspect of the activities of the World Russian People's Council (until 1995 it was called the World Russian Council) in the 90-s of the 20-th century as a discussion of national security issues and nuclear disarmament. At that time, a number of political and public figures actively called for the nuclear disarmament of Russia. Founded in 1993, the World Russian Council called for the Russian Federation to maintain a reasonable balance between reducing the arms race and fighting for the resumption of detente in international relations, on the one hand, and maintaining a powerful nuclear component of the armed forces of the country, on the other. The resolutions of the World Russian Council and the World Russian People's Council on the problems of the new concepts formation of foreign policy and national security of Russia in the context of NATO's eastward movement are analyzed in the article. It also shows the relationship between the provisions of the WRNS on security and nuclear weapons issues with Chapter VIII of the «Fundamentals of the Social Concept of the Russian Orthodox Church».

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

The Futurists. Experts in World Futures

2018 ◽  
Author(s):  
Jenny Andersson
Keyword(s):  
Cold War ◽  
Status Quo ◽  
The Other ◽  
Futures Studies ◽  
The Future ◽  
The Status ◽  
The One ◽  
The Cold War ◽  
Images Of The Future ◽  
The Way

Alvin Toffler’s writings encapsulated many of the tensions of futurism: the way that futurology and futures studies oscillated between forms of utopianism and technocracy with global ambitions, and between new forms of activism, on the one hand, and emerging forms of consultancy and paid advice on the other. Paradoxically, in their desire to create new images of the future capable of providing exits from the status quo of the Cold War world, futurists reinvented the technologies of prediction that they had initially rejected, and put them at the basis of a new activity of futures advice. Consultancy was central to the field of futures studies from its inception. For futurists, consultancy was a form of militancy—a potentially world altering expertise that could bypass politics and also escaped the boring halls of academia.

Fulke Greville and the Culture of the English Renaissance

2018 ◽  
Keyword(s):  
Ottoman Empire ◽  
Political Power ◽  
Sir Philip Sidney ◽  
English Renaissance ◽  
Poetic Form ◽  
Religious Thought ◽  
Diverse Range ◽  
Stuart Period ◽  
The Status ◽  
Fulke Greville

This book intends to provide a comprehensive reappraisal of the work of the Renaissance poet and politician Sir Fulke Greville, whose political career stretched from the heyday of the Elizabethan age into the Stuart period. While Greville’s literary achievements have traditionally been overshadowed by those of his more famous friend Sir Philip Sidney, his oeuvre comprises a highly diverse range of works of striking force and originality, comprising a sonnet sequence, a biography of Sir Philip Sidney, a series of philosophical treatises, and two closet dramas set in the Ottoman Empire. The essays gathered in this volume investigate the intersections between poetics, poetic form, and political and religious thought in Greville’s work, arguing how they participate in all of the most important debates of the post-Reformation period, such as the nature of grace and the status of evil; the exercise of sovereignty and scope and limits of political power; and the nature of civil and religious idolatry. They examine Greville’s career as a courtier and patron, and foreground both his own concerns with the posthumous life of authors and their works, and his continuing importance during the Interregnum and Restoration periods.

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