scholarly journals DIRECTIONS FOR IMPROVING THE EFFICIENCY OF THE INSPECTION IN CRIMINAL PRE-TRIAL PROCEEDINGS

2020 ◽  
Vol 73 (4) ◽  
pp. 134-143
Author(s):  
Oksana Luchko ◽  
Keyword(s):  
Human Body ◽  
Scientific Research ◽  
Verbal Information ◽  
Professional Skills ◽  
Criminal Process ◽  
Criminal Offense ◽  
Judicial Practice ◽  
The Future ◽  
Personal Qualities ◽  
The Subject

In the article on the basis of the analysis of scientific positions of scientists, instructions of the criminal procedural legislation, judicial practice the directions of increase of efficiency of inspection in criminal pre-trial proceedings are defined. In practice, there are situations when it is necessary as soon as possible after the discovery of information about a criminal offense to inspect things, objects or documents. Therefore, the position on the need to expand the types of inspections that can be carried out before entering information into the Unified Register of pre-trial investigations is substantiated. In addition to inspecting the scene, the author proposes to include an inspection of things and documents and an examination of the human body (examination). The article emphasizes the connection between the effectiveness of the review in criminal pre-trial proceedings and the combination of specialization and universality of the subject of the review. The use of the subject's specialization during the review will provide an opportunity to conduct it more efficiently, with the least amount of time, without losing all possible evidence. Emphasis is placed on the need to expand emergency access to a home or other property for inspection. It is concluded that it is inadmissible to record verbal information in the inspection report. The author emphasizes that only the explanations of the participants regarding the inspection should be recorded in the inspection protocol, and not the circumstances of the offense. It is stated that there is a dependence of the effectiveness of the review in criminal pre-trial proceedings on the competence of the entity conducting it. When conducting scientific research on ways to increase the effectiveness of the review in the criminal process, in our opinion, we should emphasize the personal qualities of those who carry it out, and the direct dependence of efficiency on their skills, abilities, professional skills. In the future, the author proposes to increase the effectiveness of the review to explore the simplification of the procedure for recording the review, as well as the issue of reducing the number of participants in the review.

scholarly journals Criminalistics characteristics of official forgery

2019 ◽  
pp. 90-99
Author(s):  
D. Serhieieva ◽  
Z. Toporetska
Keyword(s):  
Scientific Literature ◽  
Scientific Research ◽  
Criminal Activity ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Criminal Offense ◽  
The Subject

In the article, based on the analysis of scientific literature on criminalistics and criminal process, the analysis of criminalistics characteristics features of official forgery. It is justified that official forgery is a crime that is used to commit the majority of corruption crimes. In most cases, the causes and conditions of its commission are related to the factors that contribute to the commission of corruption and official misconduct, as in most cases, official forgery accompanies them. The purpose of this article is to study the criminalistics characteristics of office counterfeiting. The criminalistics characteristic of the crime is considered by the authors as a system containing a set of forensic significance features inherent in a certain type of crime. Like any system education, criminalistics characterization of crimes consists of interconnected components – elements. The indicated elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) personality of the offender acting in the direction 2) the choice of the object of the criminal offense, 3) in a certain environment, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The following elements of f criminalistics characteristics of official forgery are analyzed in the article: the identity of the offender, the subject of direct criminal assault, the method of committing the crime, the following picture. The criminalistics characteristics of official forgery allows to distinguish it from other crimes, in particular from forgery of documents, as well as crimes committed through forgery. The criminalistics characteristics of official forgery facilitates the identification of the circumstances to be proven in criminal proceedings for crimes of this kind and the planning of their investigation. At the same time, during the investigation of crimes of this kind, there are a number of problems that need further resolution, and therefore the issue requires separate scientific research, which will be the subject of further scientific research.

scholarly journals SALE OF LAND AS A FUTURE THING

2020 ◽  
pp. 20-25
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina
Keyword(s):  
Civil Law ◽  
Land Plot ◽  
Judicial Practice ◽  
The Future ◽  
The Status ◽  
The Subject ◽  
The Right

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

scholarly journals Crossbreed – (Re) producing the Future

2019 ◽  
Author(s):  
Yael Brosilovski
Keyword(s):  
Information Flow ◽  
Human Body ◽  
Human Intervention ◽  
Breeding Ground ◽  
Ethical Implications ◽  
The Future ◽  
Technological Intervention ◽  
The Subject ◽  
Near Future

The subject of technological intervention has been largely debated among the world’s greatest minds. Political, theological, psychological, biological and ethical implications have all been argued for and against the ‘technological other’. Does the fact we now CAN perform certain operations and changes to the human body and society at large actually mean we SHOULD? What impact can we foresee with unlimited human intervention in nature ‘as it was intended’? How can we benefit from an era of information flow, where crossing and hybridizing-disciplines, or as I term it “crossbreeding”, become the new breeding ground for innovation? How would Architecture be affected by a future that belongs to organic, non-organic humans and anything in between? This paper will discuss these issues and take a peep into where we might be headed in the near future, so to better understand the challenges that are ahead of us.

scholarly journals REPEATING AND RECURRENCE OF INTENTIONAL MURDER UNDER AGGRESSIVE CIRCUMSTANCES

2020 ◽  
pp. 352-361
Author(s):  
М. О. Василенко
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Criminal Record ◽  
Separate Study ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
Judicial Practice ◽  
Special Part ◽  
The Subject

In the article, the author conducted a study of recurrence and recurrence as forms of multiplicity of premeditated murder under aggravating circumstances. The relevance of this work is that this issue has not been the subject of a separate study among modern scholars of criminal law. In the work the author found that the recurrence of premeditated murder under aggravating circumstances, it is necessary to distinguish from a criminal offense under paragraph 13 of Part 2 of Article. 115 of the Criminal Code of Ukraine (premeditated murder committed by a person who previously committed premeditated murder, except for murder under Articles 116-118 of the Criminal Code of Ukraine), which is considered a qualifying (aggravating sign) premeditated murder. After all, in the case of premeditated murder by a person who has previously committed premeditated murder, with the exception of murder provided for in Articles 116-118 of the Criminal Code of Ukraine, a single crime is necessarily meant. The author also emphasizes that the recurrence of premeditated murder under aggravating circumstances is available only if the person has previously been convicted of premeditated murder, but the conviction has not yet been removed and not expunged. Or when a person has committed premeditated murder under aggravating circumstances provided by the same part of the article of the Special Part of the Criminal Code of Ukraine two or more times, and all episodes are considered in one criminal proceeding. In addition, the paper found that recurrence and recidivism, as forms of multiplicity of premeditated murders under aggravating circumstances, are not mutually exclusive and can be used by the court as a whole. It is concluded that in judicial practice there are many cases when courts do not clarify the issue of expungement or removal of a criminal record when imposing a penalty for repeated intentional homicides in aggravating circumstances. Therefore, the solution of this issue, in our opinion, needs legislative consolidation. After all, the recurrence of premeditated murder under aggravating circumstances is available only if the person has previously been convicted of premeditated murder, but the conviction has not yet been removed and not expunged. Or when a person has committed premeditated murder under aggravating circumstances provided by the same part of the article of the Special Part of the Criminal Code of Ukraine two or more times, and all episodes are considered in one criminal proceeding.

scholarly journals LAW BACHELOR PROFESSIONAL COMPETENCE FORMATION

2021 ◽  
Vol 1 (45) ◽  
Author(s):  
T. Zamikhovska ◽  
V. Pryshchepa
Keyword(s):  
Professional Training ◽  
Professional Competence ◽  
Professional Activity ◽  
Professional Activities ◽  
Process Implementation ◽  
The Future ◽  
Personal Qualities ◽  
The Subject ◽  
Training Professional ◽  
Individual Professional

The article analyzes the theoretical and methodological achievements on the problem of the law bachelors’ professional competence forming. The meaning of the term “professional competence” is clarified, it means an integrative systemic state of a person and reflects his professional activity. It was found that professional competence is considered as a process of manifestation of a kind of individual professional activity of the subject, which is determined by individual ways of self-expression in the professional direction.The concept of “law bachelors’ professional competence” is clarified, by this we mean a complex of individual-psychological set of theoretical knowledge, practical skills and significant personal qualities that determine the readiness of a specialist for active work. It was found that the students readiness for professional activity includes the following features of the future specialists: active attitude to professional activity, passion for the process; implementation of an orderly set of actions; ability to feel pleasure from professional training, professional activity; stable mental state of the future specialist, i.e. the ability to clearly and confidently direct their actions in professional activities, to show erudition in the chosen field of activity; individual psychological properties that relate to the requirements of professional activity to the chosen professionKey words: readiness, competence, professional competence, bachelor, bachelor of law, law bachelors’ professional competence.

scholarly journals Seminars in Tobacco Science: Terms used for Exposure to Smoke

2004 ◽  
Vol 21 (4) ◽  
pp. 250
Author(s):  
RR Baker ◽  
M Dixon ◽  
DC Mariner ◽  
CJ Shepperd ◽  
G Scherer ◽  
...  
Keyword(s):  
Scientific Research ◽  
Smoking Behaviour ◽  
The Future ◽  
The Subject ◽  
Set Up ◽  
Group 1

AbstractThe Smoking Behaviour Sub Group of the Cooperation Centre for Scientific Research Relative to Tobacco (CORESTA) was set up in 1996 with the aims of reviewing information relevant to smoking behaviour, publishing the reviews, identifying gaps in information and suggesting suitable studies. So far three reviews have been published by members of the sub group (1-3) and other reviews are in progress. One aspect of the subject that has become apparent to the sub group is that terms are used inconsistently in various papers on smoking behaviour. We therefore propose that the following terms and their definitions are used in the future.

scholarly journals CRIMINALISTICS CHARACTERISTICS OF ILLEGAL ENRICHMENT

2019 ◽  
pp. 305-319
Author(s):  
Z. Toporetska
Keyword(s):  
Scientific Literature ◽  
Criminal Activity ◽  
Criminal Code ◽  
Criminal Process ◽  
Criminal Offense ◽  
Criminal Proceeding ◽  
Dynamic Phase ◽  
The Subject ◽  
Systematic Education

In the article based on the analysis of scientific literature on criminology, criminal process and taking into account the actual changes to Art. 368-2 of the Criminal Code of Ukraine, the Law of Ukraine “On Prevention of Corruption” have analyzed the criminalistics significant indications of illegal enrichment. The purpose of this article is to study within its scope the criminalistics significant indications of illegal enrichment. The authors consider the criminalistics characteristics of the crime as a system containing a set of forensic significance features that are inherent in a particular type of crime. Like any systematic education, the forensic description of crimes consists of interconnected components – elements. The specified elements are not isolated, but connected with certain correlation links, determined by the sequential placement of elements in accordance with the sequence of deployment of criminal activity, starting from the position: 1) the identity of the offender acting in the direction 2) the choice of the object of the attack, 3) in in certain conditions, 4) by applying certain methods, 5) causing the corresponding effects in the form of a set of tracks and damage. The article analyzes the following elements of the forensic character of illegal enrichment: the person of the offender, the subject of a direct criminal offense, the method of committing a crime, a trace pattern. The indicated elements are linked by correlation bonds, which reflect the dynamic, “phase” nature, due to the sequential placement of elements in accordance with the sequence of deployment of criminal activity. Forensic characteristics of illegal enrichment help to distinguish this offense from other official and corruption crimes. Forensic characteristics of illegal enrichment facilitate the determination of a range of circumstances to be proved in a criminal proceeding for crimes of this kind and the planning of their investigation. At the same time, while investigating crimes of this kind, there are a number of problems that require further resolution, and therefore this issue requires a separate scientific study, which will be the subject of further research. Key words: criminalistics, criminal process, forensic characteristic, illegal enrichment.

The Archaeology of Figurines and the Human Body in Prehistory

2017 ◽  
Author(s):  
Lynn Meskell
Keyword(s):  
Material Culture ◽  
Case Studies ◽  
Human Body ◽  
Interdisciplinary Research ◽  
Scientific Research ◽  
Types Of Knowledge ◽  
The Subject ◽  
Material Things

In recent decades the analysis of figurines has been theorized within the broader context of archaeology and material culture, and they have lately become the subject of discussions concerning embodiment, sexuality, performance, personhood, practice, and process. Instead of being separated from other areas of excavation, figurine studies are now more likely to be embedded in interdisciplinary research and to be the subject of scientific research. This review chapter begins with a discussion of figurines as material things in themselves, rather than reflections or resemblances of other externalities. More than other kinds of material culture, we want to know what figurines meant for their makers, because they evoke something so distinctly human. I then outline particular case studies at the forefront in the archaeological context, detailing how novel, explicitly interdisciplinary research is making new types of knowledge possible. I conclude with a series of interlinked studies from the site of Çatalhöyük.

scholarly journals JURISDICTION AS A COMPONENT OF THE INVESTIGATOR’S COMPETENCE

2019 ◽  
pp. 166-169
Author(s):  
S. I. Chernobaiev
Keyword(s):  
Criminal Policy ◽  
Scientific Research ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Political Situation ◽  
Procedure Code ◽  
Criminal Offenses ◽  
The Status ◽  
The Subject ◽  
Definition Of

The legislation of Ukraine does not contain a legal definition of the concept of “jurisdiction”, although at the theoretical level this legal category has repeatedly become the subject of scientific research, its content and types have been constantly transformed depending on changes in the legislation of Ukraine. The socio-political situation caused by the violation of the territorial integrity of Ukraine, the priority of the state’s criminal policy in the fight against terrorism, corruption, have become a prerequisite for the emergence of new bodies of pre-trial investigation, changes in the procedural status of the investigator. This allows us to continue scientific research in the direction of improving the definition of “jurisdiction”, the definition of its characteristic components, species and more. The article discusses the relation between the terms “investigator competence” and “jurisdiction”, arguing that the former is broader. Attention is drawn to the normative construction of the articles of the Criminal Procedure Code of Ukraine, which define the rules of subsidiarity, in particular, in retrospect. Analysis of the criteria under which a criminal proceeding is assigned to the sphere of activity (management) of a particular pre-trial investigation body, in particular, the place of commission of a criminal offense, qualification of a criminal offense (event of a criminal offense, nature of the consequences, the subject of the criminal offense, its form guilt), the special status of the subject of the crime, the type and size of the object of the crime and the harm caused by the criminal offense, the status of the victim, the connectedness of actions, etc., allowed to conclude on the expediency of introducing into scientific circulation the concept of “criminal procedural characteristics of criminal offenses” The author defines the concept of “jurisdiction” by which the constituent competence of an investigator for conducting pre-trial investigation of a certain category of criminal proceedings, which is determined depending on the criminal procedural characteristic of a criminal offense, should be understood.

The future role of the psychiatrist in Europe – a UEMS perspective

2014 ◽  
Vol 11 (01) ◽  
pp. 35-42
Author(s):  
M. Hermans
Keyword(s):  
Mental Health ◽  
Mental Health Professionals ◽  
Health Professionals ◽  
General Interest ◽  
Future Role ◽  
Personal Opinion ◽  
The Future ◽  
The Subject ◽  
The Many

SummaryThe author presents his personal opinion inviting to discussion on the possible future role of psychiatrists. His view is based upon the many contacts with psychiatrists all over Europe, academicians and everyday professionals, as well as the familiarity with the literature. The list of papers referred to is based upon (1) the general interest concerning the subject when representing ideas also worded elsewhere, (2) the accessibility to psychiatrists and mental health professionals in Germany, (3) being costless downloadable for non-subscribers and (4) for some geographic aspects (e.g. Belgium, Spain, Sweden) and the latest scientific issues, addressing some authors directly.

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