scholarly journals SCIENTIFIC APPROACHES TO UNDERSTANDING TACTICAL AND CRIMINALISTIC COMPLEXES AND PROBLEMS OF THEIR PRACTICAL APPLICATION

2016 ◽  
Vol 16 ◽  
pp. 21-31
Author(s):  
V. M. Shevchuk
Keyword(s):  
Practical Application ◽  
Criminal Proceedings ◽  
Definition Of ◽  
Theoretical Foundations ◽  
Functional Purpose

The paper examines theoretical foundations of tactical and criminalistic complexes and their practical application in the criminal proceedings. Scientific approaches to understanding notion "tactical and criminalistic complex", its functional purpose in the investigative and judicial activities are analyzed. It is proved that the doctrinal approaches to the definition of the notion under consideration should be based on the differentiated understanding of such organizational and tactical means as a tactical operation and tactical combination.

scholarly journals Theoretical aspects of determining the content of forensic economic expertise

2020 ◽  
pp. 6-10
Author(s):  
Liliia MARTYNOVA ◽  
Valeriia YAKIMIVA
Keyword(s):  
Economic Crime ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Effective Measure ◽  
Analysis And Evaluation ◽  
Logical Method ◽  
Definition Of ◽  
Functional Purpose ◽  
Science Part ◽  
Theoretical Developments

Introduction. At the present stage, the reforms being implemented in Ukraine are often accompanied by an increase in crime in the economic and financial spheres. And this poses the greatest and real threat to Ukraine's national security. In order to identify illegal economic activity and gather evidence in criminal proceedings, it is necessary to possess not only legal knowledge, but also special – economic. Therefore, forensic economic examinations can be considered as the most effective measure of gathering evidence on economic crime. The purpose of the paper is to study and analyze the main scientific and practical approaches regarding the interpretation of the content and essence of the concept of "forensic economic expertise." Results. In order to achieve this objective, the article identified and achieved the following objectives: Analysis and evaluation of approaches of domestic and foreign scientists and practitioners regarding the definition and interpretation of the concept of forensic economic expertise; Components of forensic and economic expertise have been identified. The methodological basis of the study was terminological analysis, which was used to disclose and clarify theoretical provisions that reveal the essential nature, peculiarities and nuances of scientists "views on the interpretation of the concept of forensic economic expertise; The method of scientific abstraction and concretization - with the author 's formulation of the constituent parts of forensic economic expertise and the formulation of the author 's definition of the concept of forensic economic expertise; Abstract-logical method – to formulate theoretical generalizations and conclusions of the study. Conclusion. Thus, according to the results of the study, there is no common position among scientists and practitioners on the definition of forensic economic expertise; It is noted that the definition of the essence of forensic economic expertise is divided by scientists into the following categories, such as: science, part of the study, method, process, type, procedural form; Attention was drawn to the homonymity in the interpretation of the concept of forensic economic expertise; The need for legislative consolidation of the concept of forensic economic expertise and its further elaboration is proposed and justified; Based on an analysis of the definitions of expertise and judicial economics, an author 's definition of forensic economic expertise has been proposed; The need for new theoretical developments and differentiation of existing scientific views and approaches regarding the interpretation of the content of forensic economic expertise is justified, which, in turn, will allow to expand the range of their functional purpose and increase the efficiency of practical application.

scholarly journals DEFINITION OF THE PURPOSE, TASKS, AND PROSECUTOR’S OFFICE FUNCTIONS

2019 ◽  
pp. 109-113
Author(s):  
A.V. Lapkin
Keyword(s):  
State Policy ◽  
Historical Development ◽  
Subject Domain ◽  
Present Stage ◽  
Criminal Proceedings ◽  
Stage Of Development ◽  
Criminal Offenses ◽  
Definition Of ◽  
And Function ◽  
Functional Purpose

In the article, the problem of the definition of a designated and functional purpose of the prosecutor’s office at the present stage of development of the Ukrainian state is considered. The purpose of the article is the definition of the purposes and tasks of the prosecutor’s office of Ukraine, and also the development of the system of its functions. The ratio of concepts «the prosecutor’s office purpose», «prosecutor’s office tasks» and «prosecutor’s office functions» is investigated. The conclusion is drawn that these categories are in indissoluble unity and interrelation: the purpose defines social appointment of prosecutor’s office, to its achievement the general tasks of this body which realization is carried out in the course of performance of the functions assigned to prosecutor’s office are directed. The prosecutor’s office definite purpose as socially significant ideal for which achievement it is created and operates prosecutor’s office which defines its tasks and function at a concrete stage of historical development. It is given reason that at the present stage formation and ensuring the realization of a state policy in the sphere of counteraction of crime in this connection its purpose is the protection of the rights and freedoms of the person, interests of society and the state against criminal offenses should become appointment of prosecutor’s office of Ukraine. Definition of tasks of prosecutor’s office as caused by the purpose of prosecutor’s office and the general tasks subordinated to it reflecting socially significant result which the prosecutor’s office aspires to reach the realization of the functions assigned to it is formulated. The list of tasks of the prosecutor’s office directed on the achievement of the planned purpose of its activity is provided. Prosecutor’s office functions as directed on achievement of the purposes and prosecutor’s office tasks main types of its activity which is directly expressing its essence and appointment which are limited to a certain subject domain are defined and provide special forms, methods, and implementation tactics. The system of functions of the prosecutor’s office urged to provide achievement of the purposes and problems of public prosecutor’s activity is formulated. Keywords: prosecutor’s office, the purpose of prosecutor’s office, the task of prosecutor’s office, prosecutor’s office function, criminal proceedings.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

CONSUMER CREDIT: THEORY AND PRACTICE

2020 ◽  
Vol 3 (3) ◽  
pp. 32-37
Author(s):  
Shavkat Abdullayev ◽  
Keyword(s):  
Consumer Credit ◽  
Theory And Practice ◽  
Current Status ◽  
Consumer Lending ◽  
Definition Of ◽  
Theoretical Foundations

The article discusses the theoretical foundations, current status and ways of improving consumer lending in Uzbekistan. It were studied the views of foreign and domestic scientists on the definition of consumer credit. There are analyzed the disadvantages of consumer credits and are proposed ways to improve them

The Development of Forgiveness

2020 ◽  
pp. 401-418
Author(s):  
Robert D. Enright ◽  
Jacqueline Y. Song
Keyword(s):  
Necessary Conditions ◽  
Practical Application ◽  
Important Work ◽  
Future Directions ◽  
Developmental Progression ◽  
Forgiveness Education ◽  
Cognitive Work ◽  
Adolescents And Adults ◽  
Forgiveness Therapy ◽  
Definition Of

The psychology of forgiveness originated from the creative and important work on the development of justice initiated by Piaget in 1932 and extended by Kohlberg in 1969. The scientific study of forgiveness is quite new, having emerged in print in 1989, with an examination of the developmental progression in children’s, adolescents’, and adults’ thinking about the necessary conditions for them to offer forgiveness to another person. In this chapter, the authors first review the definition of forgiveness, followed by this early cognitive work. They then turn to a discussion of the measurement of forgiveness correlates of forgiveness. The practical application of this construct is seen in the development of forgiveness therapy and forgiveness education, which the authors discuss in light of the empirical findings. Future directions for forgiveness studies are considered.

DEFINITIONS OF CATEGORIES PURPOSE AND TASKS OF CRIMINAL PROCEEDINGS IN THE MODERN CRIMINAL PROCESS

2018 ◽  
Author(s):  
Svitlana Patiuк ◽  
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Modern Theory ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Norms ◽  
State Changes ◽  
The Individual ◽  
Goals And Objectives ◽  
Functional Purpose

"Definitions of categories, the goal and objectives of criminal proceedings in modern criminal proceedings" analysed the legal norms and provisions of doctrinal concepts to determine the goals and objectives of criminal proceedings. The author formulated conclusions and generalizations that since criminal proceedings are a sphere of state activity, it depends on the direction of the political course of the state, changes in state policy, which always leads to a change in the ideology of the criminal process as a whole, including the transformation of goals and objectives criminal proceedings. The purpose and objectives of criminal proceedings depend on the historical form of the criminal process, a common feature of which is the ratio of freedom (interests) of the individual and the state, expressed in the procedural position of the main participants in the process. Criminal procedure legislation and doctrine define the resolution of a dispute (conflict) between the state and the accused arising as a result of the commission of a crime as the goal of the criminal process in most countries in which the adversarial nature of criminal proceedings prevails. As the goal of criminal proceedings in the modern theory of criminal procedure, it is proposed to consider the protection of the individual, society and the state from criminal offences in the settlement of criminal-legal conflicts arising as a result of these offences. The goal in the criminal process determines the setting of tasks and represents the ultimate conclusion from the sum of all the tasks being implemented. The task of criminal proceedings should be determined taking into account the functional purpose of the subjects of criminal proceedings, and therefore the task is the fulfilment of his duty by a participant in criminal proceedings, which is determined by his functional purpose, based on the principle of competition of the parties.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

THEORETICAL AND METHODOLOGICAL FUNDAMENTALS OF PUBLIC-PRIVATE PARTNERSHIP

2021 ◽  
Vol 4 (8) ◽  
pp. 11-18
Author(s):  
Dinara Atadjanova ◽  
Keyword(s):  
Public Sector ◽  
Scientific Basis ◽  
Public Private Partnership ◽  
Infrastructure Investment ◽  
Private Partnership ◽  
Definition Of ◽  
Theoretical Foundations ◽  
Practical Nature

This article examines the theoretical foundations and content of public-private partnership. It also presents the research of scientists who have analyzed the content, scientific basis and practical nature of public-private partnership. As a result of the research, the author gave an author definition of the concept of public-private partnership.Keywords: public, business entity, public-private partnership, public sector, infrastructure, investment, innovation, private partner.

Legal Nature of Private Video Recordings as Evidence in Criminal Proceedings

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Gergana Ivanova ◽  
Keyword(s):  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Physical Evidence ◽  
Video Recordings ◽  
Main Emphasis ◽  
Legal Nature ◽  
Definition Of ◽  
Dual Treatment

The article analyzes the legal nature of private video recordings as evidence in criminal proceedings through the prism of the increasing development of technology and the concept of electronic evidence. The main emphasis in the paper is placed on the derivation of a definition of this particular source of evidence and the possibilities for its dual treatment as physical and non-physical evidence.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

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