scholarly journals SOCIAL CONDITIONALITY OF THE CRIMINAL-LEGAL PROHIBITION OF HOOLIGAN ACTIONS

2021 ◽  
Vol 75 (2) ◽  
pp. 74-87
Author(s):  
Yehor Nazymko ◽  
◽  
Dmytro Demchyshyn ◽  
Keyword(s):  
Criminal Law ◽  
Social Order ◽  
Criminal Code ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Research Attention ◽  
Full Compliance ◽  
The Social ◽  
Similar Intensity ◽  
Discretionary Powers

The article examines the social conditionality of the criminal-legal prohibition of hooligan actions. The expediency of analyzing the social conditionality of the criminal-legal prohibition of hooligan actions as a cross-cutting criminal legal category is substantiated, taking into account the systemic connections between all elements of crimes, a constructive feature of which is hooliganism. Taking into account the peculiarities of the appointment of normative prescriptions of the Criminal Code of Ukraine, prohibiting hooligan actions in the system of criminal law regulation, a system of circumstances of social conditionality of the criminal law prohibition of hooligan actions has been determined: historical; predictive; technical and legal. As a result of the study, it was established that the criminal-legal prohibition of hooligan actions at the level of the existence of Art. 296 of the Criminal Code of Ukraine, fully socially conditioned. With regard to historical circumstances, the same act of «hooliganism» is artificial for Ukraine from a historical point of view, the criminal law prohibition does not correspond to the Ukrainian mentality, ordinary citizens in most cases do not perceive hooliganism as a crime, hooliganism does not fully fit into the modern paradigm of the development of social relationship. During the study of the prognostic circumstances of the criminal law prohibition of hooligan actions, research attention is focused on the social danger of this act (two main criteria are the object of the crime and the intensity of the criminal encroachment). It has been proved that through the abstractness of understanding social order, there is a difficulty in its perception as an object of hooliganism. With regard to the intensity of hooligan actions, other types of related crimes have a similar intensity (with inherent signs of gross violation, obvious disrespect for society, insolence and exceptional cynicism). Therefore, it is virtually impossible to assess this indicator of public danger. It is proved that the qualifying signs of hooliganism do not correspond to the signs of consistency and normative consistency. For other elements of political circumstances (except for the availability of resources), it is also established in full compliance. Based on the study of the technical and legal circumstances of the criminal-legal prohibition of hooligan actions, it was stated that the wording of Art. 296 of the Criminal Code of Ukraine inherent inaccuracies in wording. This, in general, leads to the existence of a contradiction between the norms of the Criminal Code of Ukraine, endows the court and law enforcement agencies with excessive discretionary powers.

scholarly journals Invisible victims of induced abortions in the kingdom of Yugoslavia in the 1930s

Temida ◽  
2019 ◽  
Vol 22 (3) ◽  
pp. 345-358
Author(s):  
Kristina Jorgic-Stepanovic
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Regulations ◽  
Political Position ◽  
The Social ◽  
The Press ◽  
Induced Abortions ◽  
The Subject ◽  
Kingdom Of Yugoslavia

The author gives a detailed analysis of the 1929 Criminal Code paragraphs that pertain to abortion. Analyzing the social indications, the paper also explains the methodological inability to determine the precise number of abortions performed during the 1930s. However, the subject of this paper is not solely an exploration of legal regulations on abortions, but rather the identification of the treatment of women in the Yugoslav Kingdom?s Criminal law from this point of view. Considering that the problem of induced abortions was approached from the existing conservative- patriarchal socio- political position, the press was often the key source for analyzing and documenting this problem. Precisely because of this fact, the paper presents an affair that revolved around the work of gynaecologist Pance Stojanovic in mid-summer 1936. This case showed the deep corruption of the Yugoslav society, but also the involvement of various representatives of power in this affair. It turned out that the patients were women from different backgrounds, but that girls and women from affluent families were far more numerous. Faced with the increasing number of fatalities following induced abortions, doctors at the 17th Congress of the Serbian Medical Association called for changes to the articles of the Yugoslav Criminal Code relating to abortion.

scholarly journals Objective and Subjective in Social Danger of Crime

2019 ◽  
pp. 51-60
Author(s):  
Lyubov Lobanova ◽  
Alexey Rozhnov
Keyword(s):  
Criminal Law ◽  
Cognitive Activity ◽  
Special Kind ◽  
Criminal Code ◽  
Point Of View ◽  
The Public ◽  
The Social ◽  
The Law ◽  
Subjective Phenomenon ◽  
Type Of Behavior

Social danger as a sign of crime was traditionally included in its definition in the Soviet criminal laws and is also mentioned in Part 1 of Article 14 of the current version of Criminal Code. However, with considerable attention to legal science, paid to the knowledge of this phenomenon, the social danger is not a fully studied phenomenon. Thus, the dialectic of the relation between the objective and the subjective in the social danger did not receive a uniform resolution. Social danger is the characteristic of human behavior, assessed by other people through their perceptions of the dangerous and useful, and it leaves its mark when applying the categories of objective and subjective. Being a subjective reality according to the source of its origin (man) and the product of human consciousness, social danger, however, exists objectively - in supra-individual forms and connections that form a society in the system. Hence the social danger is a special kind of objectively subjective phenomenon. The objectivity of public danger is also indicated by the fact that it is the subject of the cognitive activity of the legislator and can exist outside the legal field, without prohibiting the corresponding type of behavior in the law. The subjective properties are growing in social danger through the knowledge of the public danger of an act by the subjects united by the collective notion "legislator". Moreover, subjectivity increases as a result of mistakes made by the legislator,it's a kind of lawmaking "negligence". Acts reflected in criminal law are not always socially harmful from the point of view of the whole society. There are also prohibitions that protect purely class and group interests, which also expand the scope of the subjective in the analyzed phenomenon. The Law initially arose to protect people from themselves, as a condition of their reproduction. At the same time, even with the human development, this mission of the law still exists, and there is always a certain proportion of "eternal crimes" in the law, which is prohibited to commit in order to protect fundamental human values (life, health, sexual freedom and integrity, property). However, in the criminal law of any society there is a so-called "variable part", where prohibitions declare certain actions to be socially dangerous only at a certain stage of the state's historical development. The combination of "eternal" and "variable" crimes in criminal law also indicates the objectively subjective nature of the phenomenon of public danger.

The Social Dangers Of The Crime Of Abuse Of Power Or Position: Problems Of Theory And Practice

2021 ◽  
Vol 03 (02) ◽  
pp. 72-12
Author(s):  
Shukhrat Khodjievich Alirizaev ◽  
Keyword(s):  
Criminal Law ◽  
Public Life ◽  
Criminal Code ◽  
Theory And Practice ◽  
Abuse Of Power ◽  
Official Position ◽  
The Social ◽  
Position Article

The article deals with the theoretical problems of social danger of the crime of abuse of power or official position (Article 205 of the Criminal Code), its place in criminal law, its connection with other official crimes. It also analyzes the increase in this crime in public life, corruption offenses and the origin of crimes. Signs of these and other official crimes are highlighted. Qualification issues in the competition of general and special official crimes are analyzed.

scholarly journals Problems of the Criminal Law Assessment of Involvement in Prostitution and the Organization of This Activity Through the Use or the Threat of Violence

2019 ◽  
Vol 13 (6) ◽  
pp. 941-950
Author(s):  
Oleg Gribunov ◽  
Gennady Nebratenko ◽  
Evgeny Bezruchko ◽  
Elena Millerova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Sex Industry ◽  
Social Phenomenon ◽  
Multiple Dimensions ◽  
The Social ◽  
The Russian Federation ◽  
Definition Of ◽  
Sexual Services

The authors examine the specific features of criminal law assessment of involvement in prostitution and the organization of this activity through the use or the threat of violence. At the beginning, they stress the urgency of counteracting the social phenomenon of prostitution, analyze the very concept of «prostitution», its debatable and problematic aspects, because it is impossible to offer a correct qualification of criminal actions connected with prostitution (crimes under Art. 240 and 241 of the Criminal Code of the Russian Federation) without determining the boundaries of providing sexual services specifically referring to the term «prostitution». It is concluded that the key problem for determining the scope of sexual actions described by the term «prostitution» is the lack of an official definition of this term in Russian legislation as well as a wide variety of services in the modern sex industry. The authors state that the understanding of prostitution as a historical social phenomenon as a situation when a woman provides sexual services to different men by performing sexual acts with them for previously discussed material compensation is outdated and does not reflect the multiple dimensions of modern prostitution. While researching the issues of qualifying criminal acts connected with prostitution and involving the use or the threat of violence within the framework of this article, the authors have analyzed the work of both Russian and foreign scholars and studied examples of investigation and court practice. They examine the problems of legal assessment of criminal law categories «violence» and «the threat of using violence» regarding publically dangerous actions connected with the involvement in prostitution and the organization of this activity. The authors present the criteria of differentiating between corpus delicti where such actions are criminally punishable and other corpus delicti, as well as the cases that require qualification for multiple crimes. The results of this research allowed the authors to work out and present recommendations on qualifying criminal actions connected with prostitution and involving the use of the threat of violence.

scholarly journals Społeczna szkodliwość — dziedzictwo komunizmu w polskim prawie karnym?

2021 ◽  
Vol 43 (3) ◽  
pp. 155-179
Author(s):  
Wojciech Zalewski
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Criminal Liability ◽  
Second World War ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Democratic State ◽  
The Social ◽  
Social Harmfulness ◽  
Second World

The introduction of social harmfulness (social danger) to Polish criminal law after the Second World War was politically motivated. For many, this circumstance was sufficient to formulate postulates about the necessity to remove this premise of criminal liability. Social harmfulness still remains controversial today. Before, criminal law was seen as a tool. Currently, it is to be an ultima ratio. It is clear that determining the essence of the crime and its nature, introducing into the law “what belongs to literature”, was necessary in the legal system of a totalitarian state, imposing its views and morals on society. In a legal system of a democratic state, a state ruled by law, a statutory ideological declaration regarding the essence of a crime seems redundant. However, changing the nomenclature is not enough here — there is a possibility of weakening the guaranteeing criminal law function. The social harmfulness premise contributes to the heterogeneity of jurisprudence, even in cases concerning serious crimes. The author is of the opinion that limiting the number of minor cases from the point of view of the state’s right to punish, which paralyzes the judiciary with their sheer number, should take place in a different way than introducing the social harmfulness of an act as a criterion determining the culpability. The currently adopted solution seems irrational and non-functional from the perspective of the legal certainty principle. A more appropriate move seems to be the assessing the advisability of prosecuting an act, i.e. by introducing and implementing the principle of opportunism in criminal proceedings.

scholarly journals CONSIDERATIONS OF CRIMINAL LAW AND FORENSIC SCIENCE REGARDING THE ILLEGAL ACCESS TO A COMPUTER SYSTEM

2018 ◽  
Vol 11 (2) ◽  
pp. 49-57
Author(s):  
Adrian Cristian MOISE
Keyword(s):  
Computer System ◽  
Criminal Law ◽  
Personal Information ◽  
Social Engineering ◽  
Criminal Code ◽  
Criminal Offence ◽  
Web Page ◽  
Council Of Europe ◽  
Visual Identity ◽  
The Social

Starting from the provisions of Article 2 of the Council of Europe Convention on Cybercrime and from the provisions of Article 3 of Directive 2013/40/EU on attacks against information systems, the present study analyses how these provisions have been transposed into the text of Article 360 of the Romanian Criminal Code.  Illegal access to a computer system is a criminal offence that aims to affect the patrimony of individuals or legal entities.The illegal access to computer systems is accomplished with the help of the social engineering techniques, the best known technique of this kind is the use of phishing threats. Typically, phishing attacks will lead the recipient to a Web page designed to simulate the visual identity of a target organization, and to gather personal information about the user, the victim having knowledge of the attack.

THE SOCIALDANGEROUSOF SOME CRIMES AGAINST THE FAMILY IN CRIMINAL LAW AND THE ISSUES OF CRIMINALIZATION OF CERTAIN ACTS IN THIS AREA

2021 ◽  
Vol 6 (7) ◽  
pp. 87-96
Author(s):  
Zulkhumor Ibrokhimova ◽  
Keyword(s):  
Criminal Law ◽  
Family Relations ◽  
Disabled Persons ◽  
Criminal Code ◽  
Child Disclosure ◽  
The Social ◽  
The Family ◽  
Practical Standpoint ◽  
The Republic ◽  
Objective Side

This article deals with the social danger of some crimes against family and family relations in the Criminal Code of the Republic of Uzbekistan. From a scientific, theoretical and practical standpoint, the author analyzes the signs of the objective side of the elements of some crimes against the institution of the family, defined in Chapter V "Crimes against family, youth and morality" of the Criminal Code of Uzbekistan. In particular, such crimes as evasion from the maintenance of minors or disabled persons, evasion from the maintenance of parents, substitution of a child, disclosure ofthe secret of adoption, violation of the legislation on marriageable age were comprehensively considered. In addition, the issues of criminalization of certain acts against the family, which are not recognized as criminal in the Criminal Code, were raised and relevant proposals were presented

“The Shooting of the Boar” and the Social Divisions of the Sinhalese

1947 ◽  
Vol 79 (3-4) ◽  
pp. 161-165
Author(s):  
C. E. Godakumbura
Keyword(s):  
Social Order ◽  
Oral Tradition ◽  
Point Of View ◽  
Social Divisions ◽  
The Social

A Description of several social grades of the Sinhalese occur in the rite called the Ūrā Yakkama (Shooting of the Boar) contained in the Kohombā-kankāriya. Its context is as follows: The chief performer enacts the killing of the boar and the sharing of its flesh among the various craftsmen. From the remarks made about each recipient and the treatment which the representative of each trade receives, one sees what value was attached to the work of each from the point of view of the dancer. The function of each in the social order is also mentioned. Below is given the text of this part of the ceremony as it has been gathered, from oral tradition from different districts in Ceylon. As may be expected, many variant versions exist, but only a few have been noticed here.

Criminal-Law Protection of Religious Relations

10.12737/4823 ◽  
2014 ◽  
Vol 2 (7) ◽  
pp. 41-50
Author(s):  
Виктор Беспалько ◽  
Viktor Bespalko
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Russian Society ◽  
Social Significance ◽  
Freedom Of Conscience ◽  
Current State ◽  
Democratic State ◽  
Criminal Offenses ◽  
The Social

In the article the author analyzes the current state of Russian law on crimes against freedom of conscience and religious security. He proves social necessity for criminal law protection of religious relations. He also proposes his classification of the criminal offenses. The article contains the term «religious security». It shows the main threats to religious security in modern conditions, which need counteraction by criminal law. The author developed amendments and additions to the Criminal Code, taking into account the level of religious relations in Russian society. He demonstrates the social significance of protection of the personal freedom of conscience and religious security from criminal trespasses in a democratic state. The author based results of his investigation on sociological findings and links to sources of domestic and foreign criminal law.

Culture Contact on the Fringe of Civilization

Africa ◽  
1935 ◽  
Vol 8 (2) ◽  
pp. 163-170 ◽  
Author(s):  
A. T. ◽  
G. M. Culwick
Keyword(s):  
Social Order ◽  
Social Economic ◽  
Present Situation ◽  
Culture Contact ◽  
Point Of View ◽  
The Social ◽  
Opening Paragraph ◽  
Coil Method ◽  
Incomplete Picture ◽  
Careful Investigation

Opening ParagraphIt is natural that the urgent need for systematic study of culture contact should first and most forcibly be felt with regard to areas where the process of ‘civilization’ or modernization is already comparatively far advanced, whether it be in the form of detribalization in urban and industrial districts or of the adaptation of the tribal system among an important and powerful people like the Baganda. In the first place, those areas present the most pressing practical problems and exhibit the most acute symptoms of social, economic, and political strain. In the second place, as a corollary of their accessibility to exotic influences, they are the areas most easily accessible to observers trained and untrained, and their troubles often force themselves on the attention of the civilized world. They have, however, certain disadvantages from the point of view of the student of culture contact, in that, as Miss Mair has shown, the opportunity to study the stages in their development has gone for ever. By careful investigation a useful and reliable, if incomplete, picture can be drawn of the working of the social order just before the torrent of modern civilization broke in upon it, and the comparison between past and present which such a reconstruction makes possible provides us with knowledge which is both necessary for the explanation of existing phenomena and also of the greatest practical value. But just as one cannot tell by looking at the finished product whether a pot has been fashioned from the lump or by the coil method, so, in the absence of proper observation at the time, we cannot reconstruct a picture of the intermediate stages in the creation of the present situation, or ever know the details of the processes whereby native society adjusted itself to some innovations and was dislocated by others.

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