scholarly journals The identity parade – through the eyes of the defence counsel

2021 ◽  
Vol 5 (2) ◽  
pp. 1-12
Author(s):  
Csaba Fenyvesi

A few Hungarian cases of justice miscarriage demonstrate that the identity parade (line up) method in the criminal procedure could be a “dangerous act”, because the witnesses sometimes give false testimonies, make wrong choices, the authority sometimes fails the recognition process, and lastly the “result” could be a “justizmord”. Based on scientific research, the present study reveals the most frequent criminal procedural and criminalistic wrongdoings. It also focuses on preventing legal and criminal tactical possibilities and suggestions. It can be read mostly from the defence counsel’s point of view. The author declares the lawyers’ legal and factual tasks in this field, especially for preventing wrongful sentences. This is the duty of all legal representatives (detectives, prosecutors, judges) as well.

Author(s):  
Mikhail Bubynin ◽  
Mikhail Bubynin ◽  
Valery Abramov ◽  
Valery Abramov ◽  
Gennady Zabolotnikov ◽  
...  

The paper considers the priorities of the state policy of the Russian Federation in the Arctic, from the point of view of the development of scientific research, identified by the main strategic documents of national policy and security in the Arctic zone of the Russian Federation. Measures for implementation of priorities in the development of scientific research in the Arctic can be divided into three main sections: 1. Scientific projects and expeditions in the Arctic; 2. International activities; 3. Coordination and implementation of integrated research in the Arctic. Note that currently the Ministry of education and science of the Russian Federation develops the Analytical Coordination Program “Comprehensive research of the Arctic and Antarctic”, in cooperation with the federal state bodies and Governance of the Subjects of the Arctic zone of the Russian Federation. The mechanism of the Program will ensure coordination between state bodies for integrated scientific researches in the Arctic in the interests of economic and scientific development of the region, and the creation of the scientific, technical and technological reserve in order to ensure of national security in the Arctic zone of the Russian Federation.


Author(s):  
Almaz F. Abdulvaliev

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.


Philosophies ◽  
2021 ◽  
Vol 6 (3) ◽  
pp. 66
Author(s):  
Fuminori Akiba

From the perspective of sustainability, empowering people to live positively without being dominated by death is an important issue. One thing we can do in this vein is to expand one’s own physical sensation, which is the basis for us to live. From this point of view, Shusaku Arakawa and Madeline Gins’ idea of “landing sites” is very important. Landing sites are physical experiences that result from person–environment collaboration. In order to make as many people as possible aware of their physical sensations through landing sites, Arakawa and Gins created artificial environments such as “Site of Reversible Destiny Yoro” where people could gain new physical sensations. They wanted people to build new ethics and move toward social reformation based on their new physical sensations. However, at present, these artificial environments have some problems. It is the time to seriously consider how we can pass on the experience of landing sites to future generations. The aim of this paper is to provide an answer to the question by Yasuhiro Suzuki’s scientific research on tactile sense, called tactileology. I first introduce Arakawa and Gin’s text about the idea of “landing sites” and make clear its importance. Next, I point out that, now, “landing sites” present certain difficulties. I then confirm that tactileology inherits the idea of “landing sites”.


2021 ◽  
Vol 3 (3) ◽  
pp. 96-123
Author(s):  
L.V. Shchennikova

Introduction: the article deals with the methodological problem of the meaning of the goal of civil law research. The author analyzes the dissertation abstracts from the point of view of goal setting, which were completed in different periods of the development of Russian civil law science, identifies the qualitative characteristics of the stages, and proves the connection of the achieved results with the researcher’s knowledge of the methodological methods of goal setting. Purpose: to show the value of goal setting in scientific research in general and in civil research in particular; to consider the relationship of goal setting with the achievement of specific scientific results on the examples of dissertations defended in the specialty 12.00.03; to justify the need to set as goals the fundamental problems associated with the identification of patterns of development of relations that are part of the subject of civil law regulation and the creation of effective mechanisms that mediate them. Methods: system-structural, system-functional, generalization, abstraction, analogy, logical, statistical, classification, legal modeling, comparative legal, forecasting, formal legal, historical. Results: civil methodology should take into account the importance of the goal in the organization of scientific work. Only a competent possession of goal setting skills can ultimately ensure the creation of scientifically-based mechanisms for effective impact of civil law norms on regulated social relations. Conclusions: 1) any science, including the science of civil law, is not only designed to study and describe existing problems, including legislative, doctrinal, and law enforcement. Research, in order to meet the criterion of scientific character, must attempt to identify the laws of development, both regulated relations and mechanisms that mediate them; 2) the significance of the goal in the development of science has been proven by outstanding philosophers. In addition, the very definition of science indicates that goal setting is one of its essential characteristics; 3) the analysis of the author’s abstracts of leading Russian tsivilists showed how the skilful setting of research goals helped to achieve them consistently, as well as to create a high-quality categorical apparatus of civil law science; 4) the analysis of modern dissertations showed that not all young researchers see the value of goal-setting and this methodological disadvantage is important for the author to eliminate.


Author(s):  
Mykhailo Prodanchuk

Purpose. Problems of the existing theory, methodology and organization of accounting need to be solved taking into account practical requirements of modern management. In turn, this provides an opportunity to expand the functionality of accounting to make informed decisions, focused on achieving the efficiency of business operations and maximize the value of business, which contributes to the increased importance of accounting in management. This testifies to the relevance of the chosen topic , which determined the directions of the research, which requires in-depth scientific research, its scientific-methodological and practical importance. Purpose. The purpose of the article is to systematize existing approaches and to improve the classification of accounting functions in accordance with the requirements of the management system. Methods. In the process of researching the growth of accounting functionality in the management of agrarian business used general scientific methods of knowledge of reality, including: structural-logical and semantic analysis - to clarify and streamline the terminology in the conceptual apparatus; induction and deduction - for parameterization of accounting functionality in management; grouping and classification - to develop methodological principles and systematize the classification features of accounting functions. The research is based on general and specific methods of studying the economic processes, facts and phenomena of management requests for increasing the functionality of accounting for agricultural business management. The scientific base of the research was scientific works of domestic and foreign scientists on accounting functions in the management system, materials of international scientific-practical conferences and seminars, results of personal experience and observations. Results. Accounting as an information system, which is designed to make operational and strategic management decisions, needs to expand its functionality and increase its tasks. These categories have become one of the main ones in accounting, but also in management, as indispensable tools of managerial relations in business. Today, accounting is facing a scientific problem that needs theoretical and methodological justifications and practical solutions. It is necessary to expand the functionality of accounting in agrarian enterprises in order to meet management requests focused on achieving the strategic goal of the enterprise and maximize the value of business. The analysis of the evolution of information requests of the branch management and the priority of accounting functions in the development of agrarian business makes it possible to conclude that the priority task characterizes the process of information support for customers and consumers. According to the results of studying the classifications of functions, we have concluded that most often the scientists indicate the information function, the second most important is the control, and then the analytical and evaluation. Considering different approaches of scientists to classification of accounting functions and summarizing the results of the research, we concluded that the existing set of accounting functions does not allow to fully fulfill the tasks set before it. Therefore, in the current conditions of development of the global economy, the solution of this problem requires both theoretical and methodological justifications. That is why an important component of increasing the importance of accounting in the management of agrarian business is the expansion of its functionality, in particular by isolating new objectively formed functions. Given the priority of accounting functions in the development of agrarian business, they should be classified according to the information requests of the management system, as a result of which we propose to introduce a cost-oriented function and the function of saving capital and economic security of business. The capital saving function is a tool through which the formation of equity, regulation of property relations and business management, which provides a legal platform for completeness of payments with owners and guarantees the economic security of the enterprise. This function will facilitate the management of capital formation and its use. The value-oriented function is based on creating the market value of the business or providing the assets with the characteristics of the most valuable investments. It reflects the change in the value of the property of the enterprise from the point of view of transformation of its value in the external environment and allows to better understand the alternative advantages of investment sources. The proposed functions are aimed at identifying the degree of participation of owners in the management of the business entity, completeness of payments with them and determining the market value of agricultural businesses, increasing the investment attractiveness of Ukrainian agricultural enterprises. Discussion. Further scientific research in the direction of increasing the functionality of accounting in the management of agricultural business, it is advisable to carry out on the basis of domestic and foreign experience where the basis is the assertion that is built on the basis that accounting becomes the main function of management, which will facilitate the implementation of all functions of the management system. This will allow you to determine the place of accounting functions in achieving the goal of the management system, which will help in the formation of feedbacks between management and accounting. In-depth study of accounting functions will create the basis for improving the theoretical and methodological level of its development and will enhance functionality in the management system of agricultural business. Functional approach will allow to study the object of accounting not from the point of view of internal structure, set of interrelations of elements of its system, but on the other hand - interrelations with the external environment.


Legal Concept ◽  
2021 ◽  
pp. 167-175
Author(s):  
Ilya Dikarev ◽  
◽  
Sailaubek Baymanov ◽  

Introduction: the paper discusses the possibility of differentiating the forms of criminal prosecution. The critical analysis is subject to the widespread position in the science of criminal procedure that the forms of criminal prosecution are suspicion and accusation. This point of view is based on the conclusion that the content of criminal prosecution varies depending on the degree of proof of the guilt of the person subject to criminal prosecution. Concerning compliance with the principle of adversarial parties, the theoretical position is also evaluated, according to which one of the forms of criminal prosecution is conviction. The question of the grounds for differentiating the forms of criminal prosecution is studied. Purpose: the confirming the unified nature of the criminal prosecution carried out during the pretrial proceedings, regardless of the procedural position of the person accused of committing the crime. Methods: the paper uses the general scientific methods of analysis and synthesis, a systematic approach, as well as specific scientific methods: legal interpretation and logical-legal. The methodological framework was the dialectical method. Results: the study of the common position in the science of criminal procedure, according to which criminal prosecution at different stages of its implementation consistently takes the forms of suspicion and accusation, showed its inconsistency. From the standpoint of philosophy, the content always has a determining value, and the form is always determined. Accordingly, to establish a change in the form of criminal prosecution, it is necessary to make sure that the content of this activity changes. However, the degree of proof of the person’s involvement in the crime is not reflected in the content of the accusatory activity, it remains the same. Therefore, suspicion and accusation do not form the independent forms of criminal prosecution. At the same time, the differentiation of the forms of criminal prosecution is possible, but on different grounds. Conclusions: the differentiation of the forms of criminal prosecution should be made depending on, first, the organization of procedural activities that determine the role and powers of the subject of criminal prosecution in the process of proof; secondly, the procedural status of the participant in the criminal process on the part of the prosecution and, thirdly, the content of the fact in issue.


2006 ◽  
Vol 78 (9) ◽  
pp. 546-578
Author(s):  
Slobodan Beljanski

The new Law on Criminal Procedure of the Republic of Serbia entered into force on June 10, 2006. It will apply starting from June 1, 2007 except for several provisions that have been effective ever since the Law entered into force. In this Article, the author has analyzed several new solutions from the first ten chapters of the Law from the logical, functional, historical and comparative point of view. The author concluded that the number of unacceptable and unnecessary solutions in this law seriously exceeded the number common for this kind of projects. It was hard to expect different result from the work which was done quickly and without critical reception with a noticeable intention of the authors to put their own original contribution to one, in fact, eclectic project. Since there is a lack of legal reasons, the author has outlined possible political intentions that might have been caused by the wish to show off with one more reformative project or from the intention to influence the criminal proceedings through the combination of the new type of investigation and current weakness of public prosecution. The line of new restrictive legal solutions, in which the goal is more dominant that the means to achieve the goal, and the measures to achieve the procedural discipline are more dominant than the care for rights brought the author to the conclusion that the reasons of palliative nature were the most crucial for some solutions and to the conclusion that since the justice was not able to get used to the application of good laws, the laws were simply adjusted to the bad justice.


2021 ◽  
Vol 4 (10) ◽  
pp. 37-45
Author(s):  
Valisher Abirov ◽  

The article examines the relevance of the problem of ethnogenesis and ethnic history of the Uzbek people, its importance in historical science. Ethnographic, anthropological, historiographic, source study, archaeological dissertation research on the topic for the years of independence is analyzed. Scientific views, opinions and approaches to the problem in scientific research are described from a historiographic point of view. During the years of independence, local researchers have carried out a small number of dissertations on this issue. These studies are important for studying the ethnogenesis and ethnic history of the Uzbek people.Index Terms:ethnos, ethnogenesis, ethnic history, turkic tribes, ethnography, archeology, anthropology, historiography, source study


Author(s):  
Svitlana Serdiuk ◽  
Dmytro Volkov

This article highlights the results of the research on psychological features of eschatological expectations of young people with different levels of creative thinking. Our study shows that 26 % of respondents believe that the End of the World will not arrive. Twenty-four per cent of respondents are skeptical about the likelihood of the Apocalypse, but they admit its possibility. Thirty-seven per cent of respondents believe that the End of Time will not come soon and the remaining 13% expect the Apocalypse very soon. Some respondents (7.5%) indicate that growth in the rate of prophecies connected with the End of the World in recent years suggests that humanity itself seeks it, while 9 % of respondents state the religious point of view in their works. Also 9 % of respondents believe that there will be no destruction of civilization or destruction of the planet but there will be a mental transition to another level of being. The existence of correlation between creative thinking and eschatological expectations was also empirically established in our study, especially in the group of respondents with a high level of verbal creativity. There is no correlation between the index of non-verbal creativity, personal religiosity and eschatological expectations in the sample. These results confirm that our study is relevant and offers great prospects for further scientific research.


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