scholarly journals Vinovăția în cazul infracțiunilor comise de persoana juridică

2021 ◽  
Vol 2021 (3) ◽  
pp. 29-36
Author(s):  
Cristina CUCOANIȘ

The following paper aims to briefly address one of the most pressing issues arising in connection with the criminal liability of the legal person, namely the determination of its form of criminal intent, with reference to the relationship between the criminal intent of the legal person and that of the individual along with the provision of aspects to be taken into consideration when analyzing such elements. At the same time, the paper draws attention to the risks to which the legal person may be exposed if it does not fulfill its control and supervision obligations.

Author(s):  
В.П. Позняков ◽  
Т.С. Вавакина

Представлены результаты теоретико-эмпирического исследования ценностно-смысловых факторов самоопределения предпринимателей в их отношении к деловому партнерству. В качестве содержания ценностно-смысловой сферы рассматривались смысложизненные и ценностные ориентации личности. Психологические отношения предпринимателей к базовым принципам делового взаимодействия - прагматичности и нравственности, а также оценки процесса и результата делового взаимодействия рассматривались как характеристики их самоопределения . Выявлена взаимосвязь важности прагматичности и нравственности как принципов делового партнерства со смысложизненными и ценностными ориентациями личности. Ориентация предпринимателей на прагматичност ь связана с двумя показателями смысложизненных ориентаций - «Цели в жизни», характеризующим целеустремленность, наличие целей в будущем, и «Локус контроля-Я (Я-хозяин жизни)», характеризующим представление о себе как о сильной личности, обладающей достаточной свободой выбора, чтобы контролировать события собственной жизни. Ориентация предпринимателей на нравственность взаимосвязана с таким показателем смысложизненных ориентаций, как «Процесс жизни или интерес и эмоциональная насыщенность жизни», который отражает удовлетворенность своей жизнью в настоящем, восприятие ее процесса как интересного, эмоционально насыщенного и наполненного смыслом. Высокая значимость общечеловеческих гуманных ценностей совместной жизнедеятельности (семьи, любви, доброты) оказалась положительно связана с эмоциональной удовлетворенностью деловым партнерством, в то время как высокая значимость индивидуалистических, прагматических (материальной обеспеченности и богатства) - отрицательно. Результаты исследования подтверждают релевантность рассмотрения смысложизненных и ценностных ориентаций личности в качестве факторов и основания самоопределения предпринимателей в деловом взаимодействии. The results of theoretical and empirical research of value-sense factors of self-determination of entrepreneurs in their relation to the business partnership were presented. The content of the value-sense sphere considered to be the meaning and value orientations of the individual. The psychological attitude of entrepreneurs to the basic principles of business interaction - pragmatism and morality, as well as assessment of the process and result of business interaction were considered as characteristics of their self-determination. The relationship between the importance of pragmatism and morality as principles of business partnership and the understood and value orientations of the individual has been revealed. The orientation of entrepreneurs on pragmatism connected with two indicators of understood orientations - "Goals in Life," which characterizes determination, presence of goals in the future, and "Locus of Control-I (I am the master of life)," which characterizes the perception of myself as a strong person, having sufficient freedom of choice to control the events of his own life. The orientation of entrepreneurs to morality is interrelated with such an indicator of meaning orientations as "Process of life or interest and emotional saturation of life," which reflects satisfaction with its life in the present, perception of its process as exciting, emotionally saturated and filled with meaning. The high importance of the universal humane values of joint life (family, love, kindness) was positively related to emotional satisfaction with a business partnership, while the high importance of individualistic, pragmatic (material security and wealth) was negative. The study results confirm the relevance of considering the meaning and value orientations of the individual as a factor and basis of entrepreneurs' self-determination in business interaction.


Author(s):  
Olga V. Filippova ◽  

This article examines the socio-psychological determinants of recidivism. At the socio-psychological level, the determinants of crime are manifested in the criminogenic impact on the individual from small social groups. The closest environment has the most serious influence on the formation of personality. This environment is represented by such small social groups as the family, educational and work teams, everyday and informal milieu. Repeat offenders have no family connection and contacts with educational and work teams. Most repeat offenders are unmarried, they do not work or study. Family desocialization of criminals, their negative attitude towards educational and work activities lead to alienation from the main social institutions and positive microgroups, which is accompanied by joining an informal antisocial environment and establishing strong ties with it. In the course of the study, the author generalized criminological views on the determination of recidivism, analyzed information on the characteristics of repeat criminals, and studied the data on the level of recidivism among those convicted to various measures of criminal liability and the statistics of convictions. The author also surveyed the staff of penitentiary institutions about the causes and conditions of recidivism, and convicts who committed a repeat crime and were serving imprisonment. When studying the determinants of crime recurrence, it is necessary to take into account the criminogenic influence of the factors that determined the primary crime, including at the level of small social groups. After conviction, criminals, as a rule, do not change their immediate environment and contacts, and continue to lead the same way of life. Deficiencies in the punishment system also play a criminogenic role in the determination of recidivism. As a result of the study, the author comes to the conclusion that, at the socio-psychological level, the repeated commission of crimes is due to the absence of positive changes in the convicts' microenvironment with a negative immediate environment retaining its influence and also due to the ineffectiveness of the current punishment system, which is unable to ensure the correction of convicts and prevent recidivism.


2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.


Author(s):  
I. Lantukh

The article is devoted to consideration of the problem of development of personal reliability of entrepreneurs.  Application methods: "Personality questionnaire reliability moral and legal personality" (Strizhov);  Expert assessment of the employee's personality (Bovin);  "Multi personality questionnaire Adaptability” "(Maklakov, Chermyanin) allowed to investigate specific features of adaptive capacity studied with different levels of moral and legal reliability, given the socio-psychological and some physiological characteristics that reflect generalized features  neuropsychiatric and social development.  Empirically proved that the psychological factor of personal safety business is a moral and meaningful determination of behavior of the individual. 


1998 ◽  
Vol 515 ◽  
Author(s):  
N. Iwamoto ◽  
J. Pedigo ◽  
A. Grieve ◽  
M. Li

ABSTRACTAs higher levels of reliability are sought, it will become increasingly important to understand the relationship between the adhesive formulation and its bonded substrate. Johnson Matthey has been addressing this need by using molecular modeling to simulate the physical effects of adhesive components on properties such as adhesion, surface spread or bleed, and underfill flow. By using a molecular modeling method as opposed to a continuum calculation, the individual components of an adhesive may be theoretically manipulated without pre-determination of properties or property effects. The potential utility of the technique lies in the prediction or confirmation of property trends when different components or processes are used. Additionally, the molecular scale helps to gain insight of the interfacial contribution to performance.


2004 ◽  
Vol 17 (2) ◽  
pp. 233-254
Author(s):  
Theodore Y. Blumoff

There is a tendency among those who identify themselves as subjectivists on the issue of defining criminal intent to dismiss or minimize the role of actual non-trivial harm in the determination of criminal liability and punishment. That is to say, they are those who argue that an individual’s subjective intent is a sufficient indication of potential dangerousness and culpability to justify punishment. In this essay, the author presents a view, based on Adam Smith’s recognition of the “irregularity of the sentiments,” that actual physical harm matters; that it reflects the negative component of the two great motivators, pleasure and pain; and that it can release the worst sort of emotional reactivity: retribution. The infliction of a non-trivial first order harm can invoke a deeply felt aesthetic reaction which, in turn, reflects our natural (and cognitively “irregular”) human sentiments. Trying to dispense with harm as a feature in our understanding of criminality seems prima facie absurd. Awareness of the sentiment, as Smith understood, helps temper the worst parts of our nature: that which hopes to crush the people and ideas we find threatening. Ironically, the existence of and need for harm as a necessary condition of criminality heightens our awareness of the limitations of reason in dealing with victims of crime. We are not simply cognitive creatures.


2007 ◽  
Vol 1031 ◽  
Author(s):  
Robert Ann DiLeo ◽  
Annick Anctil ◽  
Brian Landi ◽  
Cory Cress ◽  
Ryne P Raffaelle

AbstractA wide variety of nanomaterials and associated nanomaterial/polymer composites are being developed in an effort to produce higher efficiency organic solar cells. This development requires a fundamental understanding of the energy levels for the individual materials, and their composites, to enable device designs which posess appropriate energy level matching. Cyclic voltammetry (CV) allows for the determination of the band gaps (Eg) and energy levels of these various nanomaterials and composites by measuring their oxidation and reduction potentials. These potentials correspond to a given material's ionization potential (IP) and electron affinity (EA), respectively. The results for the EA, IP, and Eg have been determined by CV for derivatized fullerenes and CdSe quantum dots (QD), measured in isolation, and in conjugated polymer composites with MEH-PPV. In addition, CV measurements conducted under dark and illuminated conditions were used to investigate the relationship between energy levels within the composites.


2007 ◽  
Vol 31 (1) ◽  
pp. 28-40
Author(s):  
Khilud K. Nazal

This study lasted for eight months .The main objectives of the study wereto identify the main sources of raw milk pollution with Salmonella with aspecial emphasis on determination of their serotypes. The relationship betweentheir resistance to antibiotics and their plasmide contents were also studied.Six hundred raw milk samples collected randomly at weekly intervals where thefirst (300) samples were from the individual milk cans (50 Kg each) at theproducers homes in Abu-Ghraib village while the second (300) samples werecollected from the scale bulk tanks (2 tons) inside the milk reception andcollection center at the same village.In addition to that (200) swabs were taken from four different location (50swabs for each) namely: the teats, milkers hands, the inner surface of the milkcans and the sedimemts that were precipitated at the bottom of the scale bulktank.Data revealed that 5% of the milk cans and 7% of the scale bulk tank werecontaminated with Salmonella besides the percentage of the Salmonella isolatesfrom different swabs location were as 10% , 30% , 8% and 52% out of the teats,inner surface of milk cans, milker’s hands and sediments of the bulk tanksrespectively .Seven serotypes of Salmonella were identified from both milk samples andswabs including S. typhimurium 40 %, S. anatum 26.67%, S. Kottbus 13.33 %,S. infantis 6.67%, S. dublin6.67%, S. java 3.33% and S. typhi 3.33%.Antibiotic sensitivity test for different antibiotics revealed that mostSalmonella isolates were resistant to two antibiotics where (36.66%)of theisolates were resistant to Sulphamethazol, (16.66%)were resistant to tetracycline, (10%) were resistant to Streptomycin and (3.33%) were resistant to each ofChloramphenicol , Kanamycin and Ampicillin.The extraction of the DNA-plsmide revealed that seven out of ten isolatescontained large, individual plasmids size of (50-70) Killo Base (KB) while theothers three isolate were free from such plamid.


2020 ◽  
pp. 90-100

The article presents the essence and methodology of the universal and precise method of determinant factor analysis developed for the needs of financial and economic analysis. The averaged chain substitution method is a modification of the chain substitution method, which is the fundamental and most commonly used method of determinant factor analysis. The averaged method of chain substitutions eliminates the only significant disadvantage of the chain substitution method, namely the ambiguity (non-accuracy) of the results obtained thereby regarding the quantitative measurement of the individual influence which the participating factor variables exert on the variation of the result indicator while changing the order of the substitution of factor variables in the construction of the factor chains. The methodology of the developed average chain substitution method is presented. Mathematical expressions are derived for the quantitative determination of the individual factor influences over the variation of the result indicator with those dependences between result indicator and participating factor variables that are most commonly used in financial and economic analysis. The methodology of the offered method can also be applied to more complex mathematical dependencies that define the relationship between result indicator and participating factor variables. Similarly, it is applicable in the study of a wide range of economic and non-economic indicators.


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