scholarly journals Classification of factors determining criminality in the sphere of housing and utilities infrastructure

2021 ◽  
pp. 14-25
Author(s):  
Denis Yur'evich Goncharov
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Research Subject ◽  
Public Authorities ◽  
Internal Factors ◽  
Scientific Methods ◽  
Determination System ◽  
General Scientific

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

scholarly journals Financial law enforcement acts in Poland

2018 ◽  
Vol 2 (3) ◽  
pp. 19-28
Author(s):  
E. Ruskowski
Keyword(s):  
Public Finance ◽  
Law Enforcement ◽  
Scientific Methods ◽  
System Method ◽  
Starting Point ◽  
General Scientific ◽  
Administrative Courts ◽  
Definition Of ◽  
The Individual

The subject. The paper is devoted to the classification of financial law enforcement acts issued in Poland.The purpose of the paper is a typological analysis of the financial law enforcement acts in Poland depending on the subjects who issues such acts.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method made it possible to regularize a set of financial law enforcement acts, taking into account the subjects of law enforcement in Poland. The functional approach made it possible to identify the types of financial law enforcement acts, depending on their role in the system of law enforcement in Poland.The main results and scope of their application. The definition of the financial law enforcement act is proposed. Classification of subjects of financial law enforcement in Poland is carried out, their powers are covered and characteristics of the individual legal acts issued by them are al-located. The proposed qualitative analysis of law enforcement acts adopted in Poland may be-come a starting point for research in the field of financial law theory and comparative law.Conclusions. A financial law enforcement act is an act issued on the basis of the current rules of financial law by the authorized bodies, establishing or determining – in respect of an individual addressee – the rights and (or) obligations in a particular case in the field of public finance, or preparing their establishment or determination.The subjects applying the norms of financial law, can be divided into: bodies of financial ad-ministration, the courts (primarily administrative courts) and quasi-judicial bodies (e.g. the Commission, considering cases of violation of discipline of public finance). The first group of bodies issues decisions and orders (financial and legal acts), the bodies of the second group issue court decisions and court orders, the bodies of the third group issue decisions.The role of administrative courts in the financial law enforcement is significant. Significant number of financial cases, particularly concerning individual interpretations, in the total number of cases considered by such courts is an evidence.

scholarly journals On jurisdiction in case of extradition of a foreign citizen by the Russian Federation: the problems of theory and law enforcement practice

2021 ◽  
pp. 27-35
Author(s):  
Alexander Fedyunin
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Scientific Methods ◽  
Scientific Analysis ◽  
Criminal Procedure Law ◽  
General Scientific ◽  
The Russian Federation ◽  
Specific Regulation

The subject of this research is the issues emerging in consideration of jurisdiction of the material on extradition of a foreign citizen by the Russian Federation. The article touches upon the peculiarities of national and territorial aspect of jurisdiction, and its specific regulation in the criminal procedure law. The article employs the general scientific and private scientific methods, such as scientific analysis, generalization, comparative-legal, formal-logical, which allowed to most fully reflect the essence and problematic aspects of the selected topic. The question at hand is of major importance for the theory of criminal procedure and law enforcement practice, as the mistakes in determination of jurisdiction of the material are a severe violation of the rights, including the convict, and entail the unconditional annulment of court decision. The analysis of the most common mistakes occurred in application of the norms regulating the jurisdiction of extradition of a foreign citizen convicted by the court of the Russian Federation, as well as theoretical issues associated with determination of the court that deals with the particular issue allows outlining the vector and finding solution to the indicated problems.

scholarly journals Legal Mechanisms for Protection of Migrants' Rights by the Public Authorities of the Russian Federation

2018 ◽  
Vol 9 (4) ◽  
Author(s):  
Ksenia Minakova
Keyword(s):  
Russian Federation ◽  
Migration Policy ◽  
Constitutional Court ◽  
Special Role ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
The Russian Federation ◽  
Migrants Rights

The article analyzes methods of ensuring the migrants rights by the public authorities of the Russian Federation, the individual elements of the migration policy of the Russian Federation relating to the activities of public authorities. It considers the activities in the field of protection of the migrants rights by such authorities as the Russian President's Office for Constitutional Rights of Citizens, the Presidential Council for Civil Society and Human Rights, the Council for Interethnic Relations, General Directorate for Migration, Chief Directorate for Migration Issues of Ministry of Internal Affairs of the Russian Federation, their normative documents, that regulate their activities. It examines separately the activities of the RF Government in the field of protection of the migrants rights, as well as judicial authorities; it identifies the special role of the RF Constitutional Court in the field of ensuring the rights of migrants, refugees, the internally displaced and stateless persons. It underlines the role of authority bodies of the RF entities in ensuring the migrants rights in terms of Irkursk Oblast. The article offers to differentiate strictly the role of each authority body in the field of migrants rights protection, as well as to pay specific attention to regulation of activities of the FR entities authority bodies in this direction.

scholarly journals Modern state of the judicial finance-credit examination and the prospects of its development

2020 ◽  
pp. 1-8
Author(s):  
Elina Sergeevna Sarygina
Keyword(s):  
Law Enforcement ◽  
Interdisciplinary Approach ◽  
Law Enforcement Officers ◽  
Modern State ◽  
Criminal Proceedings ◽  
Scientific Methods ◽  
Judicial Practice ◽  
General Scientific ◽  
Substantive Law ◽  
Court Expert

The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

THE ROLE OF LAW ENFORCEMENT INSTITUTIONS IN PREVENTING AND COMBATING THE CRIME OF HUMAN TRAFFICKING

2020 ◽  
Vol 136 (4) ◽  
pp. 258-272
Author(s):  
ANETA ŁYŻWA
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Legal Regulations ◽  
Human Beings ◽  
Effective Prevention ◽  
Cross Border ◽  
The Subject ◽  
Operational Activities ◽  
Polish Law

The subject of this study is the characteristics of Polish law enforcement authorities in the fi eld of preventing and combating the crime of traffi cking in human beings. The author points out that, based on existing legal regulations in Poland, the foremost burden related to prevention and prosecution activities of this type of crime lies within the scope of duties of the prosecutor’s offi ce, the Police, and the Border Guard. Thus, the article is devoted to a concise description of the indicated entities in terms of their legal instruments which make it possible to effectively implement the tasks and duties imposed by law and regulations upon the institutions. In the author’s assessment, the key role in the system is played by the prosecutor, who is the only authority sanctioned to make decisions on initiating the investigation and entrusting its conduct in its entirety or the indicated scope to other authorities, primarily the Police or the Border Guard. The prosecutor’s special role also results from the fact of being solely entitled to draw up and support an indictment in court in cases involving traffi cking in human beings. Nevertheless, according to the author, in practice, the main responsibility to carry out procedural and operational activities in this category of cases lies with the Police and Border Guard. The author points out that, at present, the Polish law enforcement system has appropriate instruments, both at the legal and institutional levels, ready for the effective prevention of and combat against crimes of human traffi cking. However, bearing in mind that the phenomenon of human traffi cking has, in principle, a cross-border dimension, the article highlights the aspect of international cooperation between the relevant institutions established to detect and prosecute these crimes.

THE USE OF «VIRTUAL TOURS» TECHNOLOGY IN THE TRAINING OF LAW ENFORCEMENT OFFICERS

2018 ◽  
Vol 2 (7) ◽  
pp. 122
Author(s):  
Kiryl Shuvayev ◽  
Pavel Andriyanov
Keyword(s):  
Law Enforcement ◽  
Cognitive Activity ◽  
Law Enforcement Officers ◽  
Educational Process ◽  
Philosophical Method ◽  
Scientific Methods ◽  
Curricular Material ◽  
General Scientific ◽  
Visualization Techniques

The aim of the study is to analyse the process of using «Virtual tours» technology in the educational process. This technology allows you to transfer the lesson from the passive into the interactive forms, to activate the cadets’ cognitive activity and to involve them into the educational process. The use of visualization techniques develops broad-minded thinking and enhances a better learning of the curricular material. The main tasks of the research are to analyse the process of using «Virtual tours» technology in the educational process of law enforcement officers; to estimate the functional practice of «Virtual tours» technology. The study is fundamentally based on the dialectical-philosophical method alongside with the general scientific and specific scientific methods.

scholarly journals Formation and Development of Penitentiary Institutions in Yekaterinodar (Second Half of the 19th–Early 20th Centuries)

2021 ◽  
pp. 826-834
Author(s):  
Irina Izyumskaya
Keyword(s):  
Sharp Increase ◽  
State Archive ◽  
Historical Experience ◽  
Scientific Methods ◽  
Legal Reforms ◽  
The Status ◽  
General Scientific ◽  
The Impact ◽  
Historic Background

Introduction: the article is devoted to the historic background of the prison system in the Kuban and features of the prison institutions formation in Yekaterinodar – the center of the Kuban Oblast, formed in 1860. The article, based on the comprehension of historical experience and analysis of archival materials, shows the impact of the 1860– 1870 state-legal reforms on construction of new and enlargement of current prisons and studies the specifics of prisoner detention conditions. It reveals the role of the Yekaterinodar Military Prison Committee “Prisons Custody Society” in enhancement of Yekaterinodar’s penitentiary institutions: organization of places of detention and provision of the necessary detention regime; control over detainee’s welfare; improvement of medical care for prisoners, etc. Purpose: to reflect development features of penitentiary institutions in the Kuban as a whole and Yekaterinodar in particular. The methodological basis of the research consists of philosophical, general scientific and private scientific methods (dialectical, system-structural, historical-genetic, comparative, formal-legal, etc.). Discussion: based on a brief analysis of the works of N.I. Galkina, N.V. Slavinskii, M.K. Batchayeva, S.A. Lobova, etc., devoted to the issues under consideration, as well as the study of materials contained in the funds of the State Archive of Krasnodar Territory, the author presents chronological background of formation and development of the Kuban prison institutions. As a result of the conducted research, the researcher comes to the following conclusion: since Yekaterinodar acquired the status of a civil city in 1867, there was a sharp increase in out-of-town visitors, which led to a rise in the number of crimes and, accordingly, persons serving sentences in the form of imprisonment. It involvedthe expansion of existing prison facilities and construction of new ones, in particular, the Yekaterinodar regional prison in 1876. The establishment of the Yekaterinodar Military Prison ommittee “Prisons Custody Society” in 1867, which was in charge of the entire Kuban penitentiary system, helped achieve some success in prison guardianship within its competence. The development of guardianship in relation to prisoners should be considered one of the mechanisms that solved the problem of improving prisoners’ situation. This activity was financed by state and private charitable funds. The author also notes that the Kuban prisons addressed acute problems, characteristic, however, of the entire penitentiary system, such as insufficient funding of prison facilities, unsuitability of prison facilities, i.e. overcrowding, and harsh detention conditions.

scholarly journals CLASSIFICATION OF THE OLBIAN COINS OF THE SECOND HALF OF THE 4TH CENTURY BC.

2021 ◽  
pp. 45-58
Author(s):  
Yevhen Kolesnichenko
Keyword(s):  
Research Methodology ◽  
Systematic Approach ◽  
Complete Classification ◽  
Museum Collections ◽  
Scientific Methods ◽  
Monetary System ◽  
New Varieties ◽  
General Scientific ◽  
Private Collections

Since the beginning of the XXI century, the amount of available for the researchers numismatic material has increased significantly, so introducing a new types of coins into the scientific circulation has become an especially relevant in modern numismatics, even when the archaeological context of most of these finds is almost lost. The study of ancient numismatics of Olbia is rapidly gaining in modern Ukraine. At the beginning of the XX century, ancient numismatics already had some significant achievements, but the accumulated material required urgent cataloging and systematization. During last 10 years since the publication of the most important and thorough catalog of ancient coins by Vladlen Opanasovich Anokhin, as well as the results of cataloging Olbia coins by other researchers - Valery Nechitaylo and Grigory Makandarov, numismatics has been enriched by new previously unknown coin types. The aim of the study. The main purpose of the article is to introduce into the scientific circulation new varieties of Olbia coins and to compile the most complete classification of Olbia coins of the IV century BC. Research methodology. In the process of scientific elaboration of the topic general scientific methods were used: analytical, chronological, and topographical, as well as source methods: critical, metrological and iconographic. A systematic approach to the processing of modern finds from private collections and access to the collections of foreign museums was the impetus for writing an expanded classification work. The scientific novelty. The value of the processed materials is that they not only complement this group of coins, but also refine previously published types in unsatisfactory condition, where incorrect reading of the names and trinkets has led to inaccuracies. The Conclusions. The so-called «obol series» covers the period of the Olbia minting around 350-330 BC. The monetary system consists of four denominations: obol (on the coin field depicts Demeter and the eagle on the dolphin), dikhalk (on the coin field depicts Demeter and the eagle on the dolphin), hulk (on the coin field depicts Demeter and the ear, dolphin) and hemihalk (depicts Demeter and dolphin). The die analysis allowed to divide the coins of Olbia of the IV century BC senior denomination for two stylistic groups. According to the results of our own research, we were able to determine the following number of varieties of each of these denominations: obols – 24 types, dikhalks - 6 types, hulks - 6 types, hemihalks - 2 types. We see the prospect of further research in the introduction into scientific circulation of new previously undiscovered varieties of Olbian coins from little-studied sources - materials of museum collections in Ukraine and abroad, among numismatic rarities sold at numismatic auctions and private collections.

scholarly journals Problems of Regional Participatory Budgeting Practices

2021 ◽  
Vol 13 (4) ◽  
pp. 110-121
Author(s):  
Vera V. Levina ◽  
Keyword(s):  
Comparative Research ◽  
Participatory Budgeting ◽  
Budget Planning ◽  
Scientific Methods ◽  
Planning Optimization ◽  
General Scientific ◽  
Ambiguous Effect ◽  
Regional Budgets ◽  
Selection Of

This paper discusses the various aspects of participatory budgeting as a regional practice. Using Tula region as the example, the author analyzes the problems associated with the selection of projects, the involvement of residents in the process of preparing projects, and the organization of financing. The study has mainly used general scientific methods of systems-structural and structural-functional analysis as well as comparative research. It is established that the consolidation of the participants’ interests is a prerequisite for the preparation and selection of a larger number of participatory projects. Reasons for the prevalence of educational projects and the institutional mechanisms of their preparation are shown. In addition, the article addresses the role of the residents’ interest in the implementation of projects as an intermediate link between their awareness and involvement. Based on the analysis, it is concluded that involvement management and budget planning optimization have a multidirectional effect on the modernization of proactive budgeting mechanisms. As a result, significant amounts of subsidies from regional budgets have been found to have an ambiguous effect on the efficiency of involving residents in the processes of proactive budgeting. Recommendations for improving regional practices of participatory budgeting are formulated; these include control of the number of participants in the preparation of projects and voting, more attention to mechanisms for coordinating the interests of participants in proactive budgeting, and modernization of the mechanism for distributing subsidies. The article proposes the optimal balance of citizen involvement in participatory budgeting and co-financing of their initiatives from municipal and regional budgets.

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