scholarly journals Criminal-executive characteristics and social-legal conditionality of negative duties of convicts sentenced to deprivation of liberty for a fixed term.

Author(s):  
Mykhailo Puzyrov ◽  
Yurii Bohdan

The article deals with criminal-executive characteristics and social-legal conditionality of negative duties of convicts sentenced to deprivation of liberty for a fixed term. It is noted that the social-legal significance of duties of convicts sentenced to deprivation of liberty for a fixed term is that they are means of forming the moral and legal consciousness of convicts, strengthening law and order, discipline and organization during serving a punishment. The essence of the legal duties of convicts is to require the necessary conduct from the point of view of the state, government and the law. This behavior of convicts is obligatory, indisputable and ensured by measures of state coercion. Such measures of state coercion include the establishment of the possibility of bringing convicts for failure to comply with their duties to legal liability of various types (disciplinary, material, criminal). The analysis of the legal nature of the legal duties of convicts testified to their two-element content (structure), namely: first, it is the need to take certain actions (positive duties); secondly, the need to refrain from performing statutory actions (negative duties). The article establishes that the activity of the colony staff to control the observance of negative duties by convicts has not only a criminal-executive, but also a criminological aspect and is aimed not only at achieving the purpose of punishment and criminal-executive legislation, but also at preventing convicts from committing offenses (including criminal ones) while serving punishments. The social-legal conditionality of the imposition of legal duties on convicts sentenced to deprivation of liberty is given, the main function of which is a special-preventing (criminological). It is noted that one of the main differences between the duties of convicts and their rights is that failure to comply the first ones has undesirable consequences for a person – the fact of bringing convicts to legal liability, which is differentiated by disciplinary, material, criminal.

Via Latgalica ◽  
2008 ◽  
pp. 163
Author(s):  
Olga Krēgere

Based on the sources and literature available to the author, as well as on data obtained during field study, the paper describes the origins and functions of a tavern in Daugavpils region (now Kraslava region) in the rural Indra municipality in the 1930s. The chronology of the paper is determined by the founding of the establishment in 1929 and its operation until 1940 when Latvia was occupied by the USSR army. The paper is organized into three topical parts: first, the origins of the tavern are described, then the environment and its development over time, and finally the fulfillment of the tavern’s objectives in the economic and cultural life. The paper is based on the following: 1) documents of the Latvian State Historical Archives (hereinafter LSHA): The 1935 census materials of the State Statistics committee; Orders to the authorities issued by the head of the administration of Daugavpils County; Notices of the Indra rural municipality (until 1937 Piedruja rural municipality) to the head of the administration of Daugavpils Region; Lists of taxpayers (1929–1940); Population statistics (1941– 1943), 2) Audiotape-recorded narrations of the tavern building heir Anna Šiško obtained during Rezekne University College’s (2007), as well as factual material obtained during the interview (2008). Judging by Jānis Šiško’s family’s purposeful construction of the tavern and its role in Indra’s economic and social culture in the 30’s of the 20th century, it can be considered that its main function was customer service. The operation and the use of the tavern was adjusted to the particular needs of the social life according to the conditions during that period. The location of the tavern within reach of the railway station and the market square provided advantageous lodging and recreation facilities. These were used by the buyers of agricultural goods and corners, called „uzkupči”, arriving on a regular weekly basis from far away, mainly from Riga, by the producers of these goods from the wide neighbourhood, as well as by local farmers in the periods of supply and sale of sugar-beet, flax, and live stock. Therefore, the operation of the tavern contributed greatly to the economic activity of the municipality. Organized recreation – dances and open-air parties in the tavern yard on the playground and in the specially arranged spacious premises of a shed with the border guards brass band, and regular theatre performances and celebrations at the occasion of public holidays – introduced the tavern to the social life of Indra and made it a popular entertainment place in the finest sense of the word and thereby contributed to the enrichment of the county’s cultural life.


2020 ◽  
pp. 24-26
Author(s):  
Andrii TALYMONCHYK

Introduction. The article analyzes the methodology of the legal system research. The basic approaches to understanding the concept of the legal system as an autonomous, coherent and coherent set of legal phenomena, aiming to comprehend social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, in particular, the state of law and order. The position of eminent scientists is supported according to which the legal system is considered from the point of view of the functions it performs, and in particular its main function - legal regulation. The legal system is a fundamental category of the theory of law and the state and law in general. Thus, according to some researchers, it includes all legal phenomena, in particular: the system of law and law, justice and legal culture, law and order, etc. In view of this, the legal system has been and is the object of much basic research. The purpose of the paper is to reveal the main approaches to understanding the concept of legal system. Results. An active study of the legal system as a phenomenon began in the 80s of the last century. Since then, several approaches to understanding the legal system have emerged in domestic jurisprudence. Proponents of the first approach include in the concept of the legal system is not an exhaustive list of elements. This position is based on understanding the legal system as a complex of all legal phenomena of a particular society. Representatives of the second approach provide a comprehensive list of elements of the legal system. However, for the most part, such scientists do not specify the criteria for selecting such elements. Today's understanding of the legal system must be free from unnecessary elements that are alien to the legal system. In this case, it is a so-called "legal" or "legal" add-on. It was this alien element that artificially burdened the construction of the legal system as a phenomenon in the Soviet period. However, this element is still included in the legal system in modern scientific literature. Conclusion. The legal system is an autonomous, coherent, coherent set of legal phenomena, the purpose of which is to comprehend the social ideals-values of justice, equality, freedom and humanism and to achieve the end result of its functioning, and in particular the state of law and order.


Author(s):  
Aluia Simona

In this paper the phenomenon of circulation of orientalia in Crete during the Iron Age will be examined from a social point of view: what was the social reason of the demand and how did local communities react to the arrive of exotic artefacts? Orientalia were found mostly within contexts characterised by a local material culture, so they attest the demand for luxury goods, rather than the settling of foreign people in the island; it is suggested that orientalia probably had the main function of high status-symbol. Therefore, they could represent a key for the interpretation of some social aspects of the Iron Age Cretan communities.


Author(s):  
Kozlyuk L.G.

The article is noted to the importance of studying issues related to the identity of the perpetrator from the view of socio-naturalistic criminology. It is emphasized that successful opposition to criminality is possible with a careful study of the identity of the perpetrator, since it is a kind of center that gives the opportunity to "work" the mechanism of criminal behavior. Therefore, all the factors that, to one degree or another, make it possible to implement such a mechanism need serious consideration. Without the use of the most effective methodological tool in the process of investigating the identity of the perpetrator, it is impossible to determine the causes and conditions of crime, and accordingly to find effective measures to counter it. In this regard, the methodological toolkit by which criminology is applied. The purpose of this study is to determine the perspective of knowing the identity of the perpetrator from the view of socio-naturalistic criminology. The study was carried out on a new progressive criminological doctrine based on the principle of social naturalism and showed that an effective mechanism of generating crime may be a socio-biological approach, provided the knowledge of the roles and limits of the action of social and biological factors in the structure of man. It is proved that understanding the identity of the offender and the properties inherent in him from the view of socio-naturalistic criminology, gives the opportunity to answer the age-old questions that interest criminologists: why a person commits a crime? And why does a person commit such a crime? It is substantiated that the study of the offender's personality from the point of view of socio-natural criminology is of great scientific and practical importance, since it allows distinguishing criminals from other people and clearly separating the causes and conditions of crime. The study of to the identity of the perpetrator from the view of socio-naturalistic criminology (criminology based on the principle of social naturalism), provides an opportunity to adequately solve the problems that arise in the field of combating crime and, thus, to ensure law and order and social progress in Ukraine. It is noted that the study of the identity of the perpetrator from the view of socio-naturalistic criminology does not lead to offsetting the achievements of different approaches to the study of the offender, which take place in criminology, on the contrary, such study, enriches the theory and practice of combating crime and helps to solve complex problems. In particular, the ratio of social and biological in the mechanism of crime; study of the properties of a person who influence the choice of a criminal act; causes and conditions of crime. A high crime rate is an indicator of the need to find new ways to solve problems related to the study of the offender's personality. Today, the study of the offender's personality from the view of the social-naturalistic doctrine solves the urgent criminological need for new methodological tools that are necessary in the study of the offender's personality. Therefore, this study attempts to show a promising methodologically new approach to the study of the identity of the perpetrator in criminology. Therefore, the problem of effective research on the identity of the perpetrator is crucial in criminology because its solution is a prerequisite for the successful counteraction of crime in our country.


2021 ◽  
pp. 16-23
Author(s):  
R. F. Hrynyuk ◽  
Yu. V. Hotsuliak

The article researches the peculiarities of the social contract theory influence on the philosophical foundations of legal science. The author analyzes the classical doctrines of T. Hobbes, J. Locke, J.-J. Rousseau, who created the theory of social contract, the article substantiates the influence of this theory on the interpretation of certain legal principles, the function of law and the initial legal origins. It is studied the nature of the legal compromise between public and state legal principles. It is stated the scientific position that the contract as a legal attribute and negotiability as a legal property of the person are the order ontological foundations (instead of simply a civil category). T. Hobbes's theory of the social contract defends the position that the renunciation and transfer of absolute freedom and absolute "right to everything" is a transition from the individual to the general legal state of society, which makes it possible to answer questions about internal legal formation and human development as a legal entity. Locke demonstrates the concentration of legal meanings not in supernatural principles, but in man himself, since it is a person who is the source of legal potential. According to the position of J. Locke, individuals are endowed with equal freedom and as a consequence, equality in the perception of each other without any renunciation, and thus, are capable of legal compromise. Therefore J. Locke's theory of social contract allows to doctrinally substantiate key legal principles as innate integral legal attributes of human existence. The theory of social contract makes it possible to look at the nature of power, as well as communication between the sovereign and the people from a purely legal and anthropological point of view, to distinguish their logic unlike the theological approach and its principle of «given». Order as a key legal characteristic is revealed through bargaining power as the ability to obey established requirements. This theory for the first time reveals some inalienable legal meanings: the legal capacity of legal consciousness, mutual restraint, subjugation, generality.


1989 ◽  
Vol 22 (2) ◽  
pp. 109-123 ◽  
Author(s):  
Ian O'Connor ◽  
Mary Callahan

This article seeks to locate within its political economy the forms and patterns of care and control that developed in Queensland. It is argued that the State government sought to manage the social tensions that resulted from economic transition of the 70s and 80s through coercive methods and most notably through the criminal justice system. This argument is developed through an analysis of Queensland's use of the legal system, its pattern of social services and its law and order expenditures in comparison to other States. The changing patterns in Queensland's summary courts are consistent with the drift to coercion which identified in the analysis of the State's response to its social and economic difficulties.


2015 ◽  
Vol 792 ◽  
pp. 422-427
Author(s):  
Anastasiya Tupikina ◽  
Yelena Shablova ◽  
Oganes Arutynyan

In the context of Russian power and transport modernization the problem of new ways searching of energy efficiency increasing based on area has been assuming significance and topicality within last years. The goal of authors’ research is the identification of current problems in the power engineering and transport sectors under modern economic conditions and the development of municipal education tendencies (directions) from the social and energy efficiency prospective. The number of state investment projects have been developed and justified from the economic and energy efficiency point of view. The proposed and justified directions and measures (actions) related to the implementation of state energy efficiency project on the area-based development will be helpful to State Government bodies. The research was carried out at the support of the program for strategic development of Novosibirsk State Technical University, project No C-31.


2012 ◽  
Vol 5 (2) ◽  
pp. 109
Author(s):  
Besin Gaspar

This research deals with the development of  self concept of Hiroko as the main character in Namaku Hiroko by Nh. Dini and tries to identify how Hiroko is portrayed in the story, how she interacts with other characters and whether she is portrayed as a character dominated by ”I” element or  ”Me”  element seen  from sociological and cultural point of view. As a qualitative research in nature, the source of data in this research is the novel Namaku Hiroko (1967) and the data ara analyzed and presented deductively. The result of this analysis shows that in the novel, Hiroko as a fictional character is  portrayed as a girl whose personality  develops and changes drastically from ”Me”  to ”I”. When she was still in the village  l iving with her parents, she was portrayed as a obedient girl who was loyal to the parents, polite and acted in accordance with the social customs. In short, her personality was dominated by ”Me”  self concept. On the other hand, when she moved to the city (Kyoto), she was portrayed as a wild girl  no longer controlled by the social customs. She was  firm and determined totake decisions of  her won  for her future without considering what other people would say about her. She did not want to be treated as object. To put it in another way, her personality is more dominated by the ”I” self concept.


2017 ◽  
Vol 14 (2) ◽  
pp. 1
Author(s):  
Sina Saeedy ◽  
Mojtaba Amiri ◽  
Mohammad Mahdi Zolfagharzadeh ◽  
Mohammad Rahim Eyvazi

Quality of life and satisfaction with life as tightly interconnected concepts have become of much importance in the urbanism era. No doubt, it is one of the most important goals of every human society to enhance a citizen’s quality of life and to increase their satisfaction with life. However, there are many signs which demonstrate the low level of life satisfaction of Iranian citizens especially among the youth. Thus, considering the temporal concept of life satisfaction, this research aims to make a futures study in this field. Therefore, using a mixed model and employing research methods from futures studies, life satisfaction among the students of the University of Tehran were measured and their views on this subject investigated. Both quantitative and qualitative data were analysed together in order to test the hypotheses and to address the research questions on the youth discontentment with quality of life. Findings showed that the level of life satisfaction among students is relatively low and their image of the future is not positive and not optimistic. These views were elicited and discussed in the social, economic, political, environmental and technological perspectives. Keywords:  futures studies, quality of life, satisfaction with life, youth


Author(s):  
Oksana Galchuk

The theme of illegitimacy Guy de Maupassant evolved in his works this article perceives as one of the factors of the author’s concept of a person and the plane of intersection of the most typical motifs of his short stories. The study of the author’s concept of a person through the prism of polivariability of the motif of a bastard is relevant in today’s revision of traditional values, transformation of the usual social institutions and search for identities, etc. The purpose of the study is to give a definition to the existence specifics of the bastard motif in the Maupassant’s short stories by using historical and literary, comparative, structural methods of analysis as dominant. To do this, I analyze the content, variability and the role of this motive in the formation of the Maupassant’s concept of a person, the author’s innovations in its interpretation from the point of view of literary diachrony. Maupassant interprets the bastard motif in the social, psychological and metaphorical-symbolic sense. For the short stories with the presentation of this motif, I suggest the typology based on the role of it in the structure of the work and the ideological and thematic content: the short stories with a motif-fragment, the ones with the bastard’s leitmotif and the group where the bastard motif becomes a central theme. The Maupassant’s interpretation of the bastard motif combines the general tendencies of its existence in the world’s literary tradition and individual reading. The latter is the result of the author’s understanding of the relevant for the era issues: the transformation of the family model, the interest in the theory of heredity, the strengthening of atheistic sentiments, the growth of frustration in the system of traditional social and moral values etc. This study sets the ground for a prospective analysis of the evolution the bastard motif in the short-story collections of different years or a comparative study of the motif in short stories and novels by Maupassant.


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