scholarly journals Public morality and morals as objects of state legal protection in Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 182-189
Author(s):  
Oleh Yemets
Keyword(s):  
Cultural Values ◽  
Legal Protection ◽  
Criminal Code ◽  
Public Morality ◽  
Evolutionary Path ◽  
Personal Awareness ◽  
Criminal Offenses ◽  
History Of ◽  
Ancient Times ◽  
Good And Evil

The purpose of the article is to define public morality and morals as objects of state legal protection in Ukraine. It is established that the concepts of “morality” and “morals” originated in ancient times. Attempts to reveal these terms have gone through a significant evolutionary path, what is reflected in the published thinkers’ opinions of different times. Nevertheless, discussions on their content continue to this day, indicating their indistinctness. In Ukraine, the term “public morality” is defined at the legislative level, but the object of criminal legal protection is morals. Thus, Section XII of the Criminal Code of Ukraine provides for liability for criminal offenses against morals. The absence of a legally defined concept of morals encourages scientists to interpret it independently. There is a viewpoint that the concepts of “morality” and “morals” are identical, what contradicts reality, in particular because they are both, although related, but exist separately and have their own history of origin and development, as well as marked with different shades in the process of use, including the legislator. It is argued that the concepts of “morality” and “morals” should not be equated and it is proposed to make certain changes to the current legislation to determine the meaning of the term “morals” as an object of state legal protection in Ukraine. This requires professional discussion. Taking into account to a certain extent the different views of scientists on the concept of public morality and morals, as well as the fact that morals is the object of criminal legal protection, but its meaning is not disclosed in any law, we propose to amend the legislation, what in particular provide for changing the name of the Law of Ukraine “On the Protection of Public Morality” to “On the Protection of Public Morality and Morals” , as well as to define the term “morals”. This concept should be understood as the internal attitude of a person to act in a certain way or refrain from specific actions guided by their own understanding of spiritual and cultural values, personal awareness of good and evil, honor and dignity, duties to society, conscience and justice. The obtained and published results of the research can be used by lawyers in carrying out activities to protect public morality and morals, as well as by scientists in conducting further intelligence in this area.

Interpretation of Material Cultural Heritage in the Context of Museum

2020 ◽  
Vol 12 (3-2) ◽  
pp. 337-351
Author(s):  
Sergey Pilyak ◽  
Keyword(s):  
Cultural Heritage ◽  
Cultural Values ◽  
Theory And Practice ◽  
Main Method ◽  
History Of ◽  
Ancient Times ◽  
The Subject ◽  
Cultural Heritage Objects ◽  
Creative Understanding ◽  
Cultural Heritage Preservation

Interpretation of cultural values and cultural heritage is one of the most common types of their development and creative understanding. However, the concept of ‘interpretation’ remains blurred among related processes, usually without getting much mention. In the field of cultural heritage preservation, interpretation is the main method of human development of cultural heritage objects. The process and results of interpretation, as shown by the long history of preservation of cultural heritage, also affect the preservation of cultural heritage. The proposed material is devoted to the consideration of a museum as an example of one of the most consistent built spaces and tools for the interpretation of cultural heritage. The subject of the research is the methods of museum work considered in the context of mechanisms of interpretation of material cultural heritage. Museum as an instrument of interpretation has been known since ancient times. Human interest in ancient artifacts that act as visible symbols of historical and cultural memory of the past, eventually led to the development of collecting, and then, with the publication of collections, to the emergence of museums. Museum and its activities occupy a special place in the methodology of interpretation. The museum space can set its own special rhythm of historical time and create conditions for comfortable perception of the presented artifacts. No other cultural institution has such a task, and if it is necessary to present an artifact, interested persons in one way or another turn to the method tested on museum sites. As a result of the research, the author identified five stages of museum activities, which are generally typical for the mechanism of interpretation of cultural heritage. Therefore, the main goal of museum activities should be recognized as an interpretation of cultural heritage. In accordance with this goal, the museum's tasks are also implemented, including the preservation, publication and promotion of the collection's artifacts. Thus, the role and place of the museum as a specific space created for the purpose of interpreting cultural heritage is proved. These provisions allow us to look at the theory and practice of museum activities in a different way, in the context of interpreting cultural identity.

scholarly journals Mellem Skylla og Charybdis – træk af legalitetsprincippets historie i dansk strafferet

2017 ◽  
Vol 104 (1) ◽  
pp. 77-92
Author(s):  
Morten Kjær
Keyword(s):  
Criminal Law ◽  
Logical Consequence ◽  
Criminal Code ◽  
Criminal Cases ◽  
Wide Margin ◽  
Criminal Offenses ◽  
History Of ◽  
Principle Of Legality

This article deals with the history of the principle of legality in Danish criminal law. The principle of legality is a relatively new invention and was first introduced with the criminal code of 1866 § 1. Before that, courts were given broad discretion in criminal cases. This discretion must be viewed as the logical consequence of the lack of a comprehensive and systematic criminal code such as that first issued in 1866 where it replaced the sixth book in the National Law of Denmark1683. With the promulgation of a new systematic criminal code it was possible to introduce the principle of legality in Danish criminal law in 1866. While the principle of legality was designed to secure the predictability of the criminal law, measures were also taken in order to secure flexibility in the application of the code by the courts. The often casuistic definitions of the criminal offenses in the National Law of Denmark were thus replaced by abstract definitions and thecourts were generally left with a wide margin of discretion when it came to questions of punishment. The criminal code of 1866 was thus built on a compromise between legality and flexibility.

scholarly journals Perlindungan Hukum Bagi Anak Dalam Tindak Pidana Pencurian Dengan Kekerasan Yang Mengakibatkan Matinya Korban (Studi Putusan No. 37/Pid.Sus-Anak/2017/PN. Mdn)

2019 ◽  
Vol 1 (2) ◽  
pp. 183-192
Author(s):  
Tengku Fachreza Akhbar A ◽  
Maswandi Maswandi ◽  
Arie Kartika
Keyword(s):  
Criminal Law ◽  
Child Protection ◽  
Justice System ◽  
Legal Protection ◽  
Criminal Code ◽  
Legal Counsel ◽  
Prison Sentence ◽  
Next Generation ◽  
Juvenile Courts ◽  
History Of

Protection of children as perpetrators of crime will never stop throughout the history of life, because children are the next generation of the nation and the next generation of development, that is, the generation prepared as subjects for implementing sustainable development and controlling the future of a country. This type of research is normative juridical and descriptive analyst. The legal arrangements for the theft of violence with the result that the death of a victim is regulated in Article 365 of the Criminal Law Act, linked to Law 35 of 2014 Amendment to Law No.23 of 2002 concerning Child Protection, and Law No. 11 of 2012 Amendment to Law No. 3 of 1997 concerning Juvenile Courts. Legal protection that children get protection, accompanied by a Legal Counsel, Psychologist, the existence of peace efforts between the parties concerned. Sanctions and sentences in Decision No. 37 / Pid.Sus-Anak / 2017 / PN. Mdn because the perpetrators violated Article 365 paragraph (4) of the Criminal Code, considering Law Number 11 of 2012 concerning the Criminal Justice System for Children, the offender was sentenced to a prison sentence of six years.

scholarly journals Cultural values of Hung Kings worship in Vietnam

2021 ◽  
Vol 5 (S4) ◽  
pp. 2078-2089
Author(s):  
Le Van Loi
Keyword(s):  
Cultural Values ◽  
Spiritual Life ◽  
Emotional Life ◽  
Unique Type ◽  
Spiritual Meaning ◽  
History Of ◽  
Ancient Times ◽  
History Of Formation

The worship of Hung Kings is a unique type of beliefs that takes an important role in the spiritual and emotional life of many Vietnamese generations. This type of beliefs has existed since ancient times and has become one of the factors that create an exceptional and influential culture of the Vietnamese people. This article studies the history of formation and development of Hung Kings worship and cultural values of Hung Kings worship to understand the spiritual meaning, sense of origin, moral traditions of this beliefs in the spiritual life of Vietnam.

scholarly journals ABOUT THE LINK OF ORIGINS BETWEEN THE INHABITANTS IN THE SOUTH IN ANCIENT TIMES AND SOME ETHNIC GROUPS IN THE CENTRAL HIGHLANDS

2012 ◽  
Vol 15 (4) ◽  
pp. 41-47
Author(s):  
Le Van Ngo
Keyword(s):  
Cultural Values ◽  
Ethnic Groups ◽  
World Wide ◽  
Language Family ◽  
The South ◽  
History Of ◽  
Ancient Times ◽  
Central Highlands ◽  
History Of Formation ◽  
Effective Contribution

The South of Vietnam is an area of plains; however, it has special features not only in Vietnam, but also world-wide as it is the place where a lot of ethnic groups live, leading to multireligion and multi-culture. The history of formation and development of the land is closely associated with the process of reclaiming virgin soil, building up villages, expanding the territory to establish, to enforce and to defend sovereignty of communities whose dominating role lies in the Viet’s hands. Due to the South’s special characteristics and big significance to the country development, there have been a lot of researches to affirm the cultural values of the communities living in the land, contributing to the enrichment of the Vietnamese culture. On the other hand, there are also researches on a bigger scale which cover the whole region revealing a lot of evidences from the first inhabitants as well as their cultures. These inhabitants, as far as anthropological type and culture are concerned, are close to the ethnic groups of the Malayo-Polynesian language family. The expansion of territory, establisment as well as enforcement and protection of sovereignty of the Nguyen Loads and Nguyen Dynasty received positive and effective contribution from inhabitants of different ethnic groups out of whom the Viet played the dominating role. The paper, based on the materials and my knowledge, presents the link of origins between the inhabitants in the South in ancient times and some ethnic groups in the Central highlands in order to clarify the formation process of the Southern communities.

scholarly journals ON SOME ISSUES OF IMPROVING CRIMINAL LEGISLATION TO COMBAT CRIMES IN THE FIELD OF ECONOMIC ACTIVITY

2020 ◽  
pp. 30-36
Author(s):  
V.A. Poltarykhin ◽  
A.G. Maksimov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Economic Activity ◽  
Legal Protection ◽  
Practical Experience ◽  
Criminal Code ◽  
Current Crisis ◽  
Systematic Analysis ◽  
Current Economic Crisis ◽  
History Of

During world crises, there is a significant increase in crime, including economic. This obvious postulatetakes on a completely new meaning during the current economic crisis, possibly the most serious in theentire modern history of mankind. The current crisis has caused an explosive growth of digital technologies,which are ubiquitous in various economic processes. An effective criminal law, as the most repressivelegal instrument, is designed to ensure the greatest possible stability in the most unstable periods ofsociety’s life. Chapter 22 of the Criminal Code of the Russian Federation for many years has been criticizedby both scientists and practitioners. This study makes an attempt, based on a systematic analysis of thedoctrine of criminal law, the norms of special legislation, based on practical experience in law enforcementagencies, to identify the main shortcomings criminal legal protection of economic activity and to proposemechanisms for their elimination in order to increase the efficiency of protection of public relations fromillegal encroachments.

scholarly journals ANALISIS PUTUSAN PIDANA BERSYARAT DALAM KASUS PENGANIAYAAN ANAK DI BAWAH UMUR (STUDI PUTUSAN NOMOR 2298/PID.SUS/2012/PN.TNG)

2018 ◽  
Vol 1 (1) ◽  
pp. 988
Author(s):  
Legita . ◽  
Mety Rahmawati
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Legal Protection ◽  
Criminal Code ◽  
Criminal Penalty ◽  
Criminal Offenses ◽  
Compensation Claim ◽  
One Year ◽  
Case Number ◽  
Laws And Regulations

Criminal penalty is a criminal under certain conditions. Conditional criminal provisions are regulated in Article 14a-f of the Criminal Code. The case of persecution of the case Number 2298 / Pid.Sus / 2012 / Pn.Tng, the judge ruled the conditional penalty against the perpetrator, then the problem in this research is: How qualification can be terminated as a conditional in case of maltreatment in the case Number 2298 / PID.SUS / 2012 /PN.TNG? What is the legal protection of the victim? Method used by normative juridical with supported by interview. There is no special qualification for the perpetrators of such crimes that should be condemned. The judge may decide on a conditional penalty based only on Article 14 a-f of the Criminal Code. In this case the judge's decision has fulfilled the criteria for the stipulation of a conditional penalty because the sentence does not exceed 1 (one) year. The form of legal protection for children victims of the crime of torture of their legal instruments has been regulated in several laws and regulations namely Article 14c of the Criminal Code and Article 71D of Law Number 35 Year 2014 on Child Protection jo Government Regulation Number 43 Year 2017, that every child who becomes victims of criminal offenses are entitled to restitution or indemnification. Although legal instruments provide opportunities for victims to claim compensation to the perpetrator, this opportunity is not used. The victim only requires the perpetrator to be severely punished, thus ignoring the compensation claim.

scholarly journals Melayu dan Sriwijaya: Tinjauan Tentang Hubungan Kerajaan–kerajaan di Sumatera pada Zaman Kuno

2019 ◽  
Vol 19 (3) ◽  
pp. 649
Author(s):  
Arif Rahim
Keyword(s):  
Cultural Values ◽  
Tourism Industry ◽  
Local History ◽  
Historical Sources ◽  
History Of ◽  
Ancient Times ◽  
Two Kingdoms ◽  
Relationship Of ◽  
Historical Methods ◽  
The Relationship

This paper discusses the issue of the relationship of the Melayu kingdom with other kingdoms on the island of Sumatra in ancient times, especially with the Srivijaya kingdom. This prob this paper discusses the issue of the relationship between the Malay kingdom and other kingdoms on the island of Sumatra in ancient times, especially with the Srivijaya kingdom. This issue is considered important because until now there are still many issues that provoke debate, especially regarding the existence of the two kingdoms when related to the interpretation of historical sources. The results of this study are expected to contribute to the development of knowledge, especially about the local history of Jambi, and can be used as material for consideration by relevant institutions in order to preserve historical and cultural values and for the development of the Jambi tourism industry. By using a multidimensional approach and supported by the application of historical methods that refer to scientific historical research procedures, it is hoped that the questions raised in the formulation of the problem will be objectively and systematically expressed. From this research, it is known that before the information about the Kingdom of Malay and Srivijaya in the 7th century, four centuries earlier on the island of Sumatra, a number of kingdoms had developed relations with the outside world, especially China and India. The kingdoms are Koying, Tupo, Tulangbawang, and Kantoli. No clear connection is known about the relationship between these four kingdoms with the Malay Kingdom which emerged later. Experts try to conclude that the Tupo Kingdom is the port of Koying. The emergence of the 5th century Kantoli Kingdom led to the end of Koying and Tupo, and subsequently the existence of Kontoli was replaced by the Malay Kingdom. The latter did not last long as an independent kingdom, because it was defeated by Srivijaya in 683. Until the 11th century Malay was part of Srivijaya. However, Malay continued to develop as an important port within Srivijaya's power. Srivijaya suffered a setback after a series of Cola Kingdom attacks from South India. This opportunity was used by Malay to break away, until it emerged as the most important kingdom in Sumatra in the 14th century.

scholarly journals Criminal law regulation in the professional activity of a journalist

2020 ◽  
pp. 171-180
Author(s):  
Oleksandr Ostrohliad
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Criminal Code ◽  
Practical Significance ◽  
Professional Activity ◽  
Special Role ◽  
Professional Activities ◽  
Criminal Offenses ◽  
Criminal Legislation ◽  
Law Regulation

Purpose. The purpose of the work is to determine certain aspects of criminal law regulation of a journalist's professional activity. Indicate the elements of such regulation. Draw a distinction between the protection of the professional activity of a journalist and his personality, as a representative of society, performing a special role. Analyze certain features of the protection of the professional activity of a journalist in countries that have a part of a common history with Ukraine. The methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. In the course of the research, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative, comparative-legal. Results in the course of the conducted research it was determined that the professional activity of a journalist has sufficient protection by criminal legislation. As for the protection of the journalist himself, it can be considered excessive, which is also indicated by a superficial analysis of the criminal legislation of certain foreign countries. On the basis of a comparative study, it was determined that the draft Criminal Code of Ukraine eliminates certain problems of excessive criminal legal protection of the journalist’s personality. Scientific novelty. In the course of the research, it was established that the elements of protection of the professional activity of a journalist and his personality can be divided into three conditional groups: 1) protection of professional activity, 2) protection of the personality of a journalist and his rights, 3) some immunities of professional activity, that is, non-recognition of certain actions as a criminal offense journalist. As for the criminal offenses, to the commission of which the journalist may be involved, the conditional division can be - offenses related to professional activities and offenses not related to such. Practical significance. The results of the study can be used in law-making activities to improve the norms of the current legislation providing for the protection of the professional activity of a journalist, as well as for further scientific research on the issues of protecting a journalist and his professional activity in Ukraine.

scholarly journals Ghevond Alishan's Literary Activity Through the Light of Russian

2021 ◽  
pp. 66-76
Author(s):  
Zaruhi Hayryan ◽  
Luiza Gasparyan
Keyword(s):  
Cultural Values ◽  
World Literature ◽  
Translation Theory ◽  
Science And Literature ◽  
Cultural Event ◽  
National Characteristics ◽  
Literary Process ◽  
History Of ◽  
Ancient Times ◽  
Armenian Literature

The history of Russian-Armenian literary relationships is one of the brightest and most significant events of the time. It undoubtedly enhanced the mutual cultural heritage and left a profound mark on the worldview, moral and aesthetic values of Armenian and Russian writers, translators, and literary critics. Since the beginning of the 20th-century Armenian culture, mainly Armenian literature, aroused great interest among such outstanding classics, as M. Gorky, V. Bryusov, A. Blok, O. Mandelstam, A. Bely, A. Akhmatova and others who not only appreciated its aesthetic and stylistic texture but also embarked on the laborious work of translating its best achievements into Russian. In this sense, the anthology "The Poetry of Armenia from Ancient Times to the Present" in 1916 can be considered a significant cultural event. It was edited by Valery Bryusov, who also wrote the introductory part of the work. The publication was carried out with M. Gorky's direct assistance and support. It should be noted that many Russian translations done by V. Bryusov and A. Blok are still brilliant samples of the artistic heritage of translation. The present work focuses on the evaluations and interpretations of Russian critics (V. Bryusov, Y. Veselovsky) of the creative heritage of Gh. Alishan, his poetic individuality and the influence on the development of the literary process of that time. It also reveals the role of Russian poets, translators and literary critics in promoting the publication and popularization of Bryusov's anthology as a significant cultural event of the time. The section of the anthology "Poetry of Western Armenians" includes the most famous poems of Gh. Alishan, M. Peshiktashlyan, P. Duryan, Sipil, L. Shant, and others are parallelly illustrated by the excellent translations of V. Bryusov, S. Shervinsky, V. Khodasevich, K. Balmont, S. Bobrov and others. The scientific research has shown that among Russian poets and translators, Bryusov was one of the first interested in Gh. Alishan's literary works and his bright poetic individuality. It can be explained by the fact that Alishan was a well-known representative of Western Armenian poetry and a comprehensive creator of his time, a man with encyclopedic knowledge. In addition, he was a historian, philosopher, translator, philosopher, geographer who devoted his whole life to science and enlightenment. Bryusov was also a gifted man. He had a poetic talent; he contributed to improving the Russian dialect, elevating it to a new, higher level. Consequently, there are many common features between Bryusov and Alishan. These are the breadth of the intellectual range, brilliant knowledge of languages and world literature, devotion to scientific activities, profound love for their Motherland, its cultural values and the highest level of humanism. Undoubtedly, they were outstanding figures of their era who made a significant contribution to the development of culture, science and literature. This article is an attempt at a comprehensive study of the principles of the Russian translation theory used in the translation of Armenian literature, with particular reference to the poem "Hrazdan", an extract from Gh. Alishan's patriotic lyrics. The proficiency of Russian translators and the revelation of Armenian linguistic and national characteristics helped them interpret the linguo-stylistic peculiarities of the original and recreate their equivalent counterparts.

Sign in / Sign up

Export Citation Format

Share Document