scholarly journals ANALYSIS OF THE PROVISIONS OF THE DRAFT LAW OF UKRAINE "ON ENSURING THE SECURITY OF PARTICIPANTS IN CRIMINAL JUDICIARY AND OTHER PERSONS IN THE INTEREST OF JUSTICE"

2021 ◽  
Vol 77 (4) ◽  
pp. 143-148
Author(s):  
Olha Babenko ◽  
◽  
Mykola Repan ◽  
Keyword(s):  
The State ◽  
Best Interests ◽  
Security Measures ◽  
Criminal Proceedings ◽  
National Agency ◽  
Positive Side ◽  
Efficiency And Effectiveness ◽  
High Level ◽  
A Minor ◽  
Protection Of Participants

The article is devoted to the analysis of the Draft Law "On Ensuring the Safety of Participants in Criminal Proceedings and Other Persons in the Interests of Justice". The system of current legislation in the field of security of persons involved in criminal proceedings is outdated and does not provide the necessary conditions for the proper administration of justice. It is established that the current legislation in the field of protection of participants in criminal proceedings is unreformed, has many gaps and is ineffective. It was stated that participants in criminal proceedings (witnesses and victims) who are in real danger often refuse to testify and cooperate with the investigator, as they believe that the state cannot protect them from the unlawful influence of persons involved in criminal proceedings. As a result of the refusal of witnesses and victims to testify and cooperate with the investigation, the perpetrators remain unpunished. On the positive side of the draft law is the proposal to establish a new specially authorized body - the National Agency for Security of Criminal Proceedings, as in the event of a high level of threat to certain participants in criminal proceedings, their rights and freedoms, life and health must be preserved. It was found that the Draft Law does not provide for the specifics of ensuring the safety of juvenile participants in criminal proceedings, which significantly violates the rights of this vulnerable category of persons. Based on the understanding of the list of persons entitled to the application of security measures proposed in Part 1 of Art. 6 of the draft Law, it can be understood that the legislator provided for the possibility of taking under the protection of a minor, in one form or another, but unfortunately bypassed the attention of their parents and legal representatives. In view of the above and taking into account the concept of "best interests of the child", it is proposed to expand the list of persons subject to protection and add a legal representative of a minor. There have also been a number of other proposals to improve the situation of juveniles who are being protected by the state for giving incriminating testimony. It is concluded that the bill needs to improve and maximize its efficiency and effectiveness of its rules.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

State Protection and Safety of Participants in Russian Criminal Proceedings

2016 ◽  
Vol 8 (1) ◽  
pp. 283-291 ◽  
Author(s):  
Oleg Aleksandrovich Zaytsev ◽  
Aleksandr Jurevich Yepihin
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Implementation Process ◽  
The State ◽  
Criminal Proceedings ◽  
Protection Measures ◽  
Adequate Funding ◽  
The Individual ◽  
Protection Of Participants ◽  
State Protection

International law is a powerful generator of factors for the creation of criminal procedure security system. However, the mechanism of implementation of international law in national, Russian legislation causes certain difficulties. The problem is the imperfection of regulating the implementation process of international law within a particular state. The institute of public protection and safety of participants in the Russian criminal proceedings is now sufficiently developed. However, it is no longer possible to investigate effectively the problems in law enforcement within the same branch of jurisprudence, such as criminal proceedings. It is absolutely necessary to obtain knowledge from related areas of law, as well as from other disciplines (e.g., psychology, conflict resolution). Also positive examples of implementation of the state protection and ensure the safety of persons, used by some foreign countries are highly required in the Russian legislation and law enforcement practice. At present, the accumulation of a sufficient number of laws and legal acts can be observed which regulate the state protection of participants of the Russian criminal process. Improved security of the individual in criminal proceedings is directly related to the cross-sectoral research; generalization of positive examples of law enforcement practices; sufficient methodological support for law enforcers (investigators, prosecutors and judges); adequate funding of state protection measures.

Resilience of Nurses in the Face of Disaster

2015 ◽  
Vol 9 (6) ◽  
pp. 601-604 ◽  
Author(s):  
Stephanie B. Turner
Keyword(s):  
Full Range ◽  
The State ◽  
Psychological Effects ◽  
City Hospital ◽  
Resilience Scale ◽  
Before And After ◽  
Efficiency And Effectiveness ◽  
The Face ◽  
High Level ◽  
The City

AbstractObjectiveOn April 27, 2011, the state of Alabama encountered a horrific day of tornados that left a trail of damage throughout the state. The city of Tuscaloosa was devastated by an EF-4 that resulted in many victims and casualties. Druid City Hospital in Tuscaloosa had a massive inflow of victims with both mild and major injuries. When disasters such as this occur, nurses must respond with efficiency and effectiveness to help as many victims as possible. However, little is known about the psychological effects of disasters on nurses and how these impact nurses both personally and professionally. Because resilience can directly impact how a nurse responds to a situation, this article aimed to examine the resilience levels of nurses working during the disaster.MethodsThis study was part of a larger study examining the needs of nurses both before and after disasters. Ten nurses were interviewed and completed a 10-item survey on resilience, the Connor-Davidson Resilience Scale (CD-RISC). The full range of scores on this scale is from 0 to 40, with higher scores reflecting greater resilience.ResultsIn this survey of 10 nurses, the scores ranged from 33 to 40, with a mean score of 36.7.ConclusionsThe nurses who were interviewed and completed the survey possessed a high level of resilience. More research should be done on the causes of increased resilience in nurses after disasters. (Disaster Med Public Health Preparedness. 2015;9:601–604)

scholarly journals CONTENT AND FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN THE FIELD OF JUVENILE JUSTICE

2021 ◽  
Vol 1 (1) ◽  
pp. 9-18
Author(s):  
Mykola Veselov ◽  
◽  
Olena Bulhakova ◽  
Daria Volkova ◽  
◽  
...  
Keyword(s):  
Public Relations ◽  
Juvenile Justice ◽  
Juvenile Justice System ◽  
Specific Area ◽  
Best Interests ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Cultural Rights ◽  
Administrative Proceedings ◽  
A Minor

Today, the principle of «presumption of innocence» is recognized at the international and national levels as one of the basic principles of criminal proceedings. The object of this study is public relations in a specific area of children's rights – juvenile justice. The purpose of the article is to clarify the content and features of the implementation of certain aspects of the principle of «presumption of innocence» in the field of juvenile justice. The presumption of innocence is interpreted and used quite ambiguously, which is of interest to the study. To achieve this goal, general scientific and special methods of scientific research were used. The solution of the outlined tasks of the research was carried out taking into account the practice and position of understanding the content of this principle by the European Court of Human Rights. It is established that ensuring the presumption of innocence as a priority basis for the formation and implementation of child-friendly justice in Ukraine requires effective implementation in all judicial and extrajudicial or administrative cases, execution of court decisions with the participation of children. It is proved that the implementation of this principle in the juvenile justice system concerns not only the provision of procedural rights of a minor as a participant in criminal or administrative proceedings, but also other personal, social and cultural rights and freedoms of the child, the implementation or observance of which may be violated. It is emphasized that the content of the principle of presumption of innocence, as well as its actual implementation should always be correlated with the principle of ensuring the best interests of the child regardless of race, colour, sex, language, religion, political or other beliefs, national, ethnic or social origin, property the condition of the children themselves or their families or any other circumstances.

scholarly journals Components of the factual basis to be proved for the decision on state protection of participants in criminal proceedings

2021 ◽  
Vol 2021 (4) ◽  
pp. 113-117
Author(s):  
Dmitry Sokolov ◽  
Aleksey Afanas'ev
Keyword(s):  
Criminal Procedure ◽  
The State ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
The Law ◽  
Protection Of Participants ◽  
State Protection

The article proposes the author’s scheme for establishing the actual grounds for deciding on the state protection of participants in the criminal process. The content of this scheme consists in transferring the rules of criminal procedure evidence to the procedure under analysis. The authors implement this by supplementing the law of criminal procedure with a group of articles, one of which is devoted to the circumstances to be proved (established) for the application of the procedure of state protection of participants in criminal proceedings. Thus, the work justifies the need to establish the components of the actual basis of state protection by means of criminal procedure evidence.

scholarly journals Valsts kases kontos ilgstoši uzglabāti naudas atlikumi izbeigtajos kriminālprocesos

2020 ◽  
Vol 2 (17) ◽  
pp. 51-59
Author(s):  
Austris Siliņš
Keyword(s):  
Law Enforcement ◽  
Legal Framework ◽  
The State ◽  
Problem Situation ◽  
Security Measures ◽  
Criminal Proceedings ◽  
State Budget ◽  
Security Measure ◽  
Long Time ◽  
Unified Process

Latvijā pēc kriminālprocesu izbeigšanas tiesībsargājošo iestāžu deponēto līdzekļu kontos tiek ilgstoši uzglabāti naudas atlikumi, kurus tiesiskā regulējuma dēļ nav iespējams novirzīt paredzētajam mērķim, proti, atdot naudas devējam vai ieskaitīt šos naudas līdzekļus valsts budžetā. Kā viens no drošības līdzekļu veidiem kriminālprocesā tiek piemērota drošības nauda. Drošības nauda tiek izraudzīta arī likumā minētajos gadījumos, kad lemj par apcietinājuma piemērošanu. Kriminālprocesa laikā izņemto naudu un drošības naudu ieskaita tiesībsargājošo iestāžu deponēto līdzekļu kontos. Tiesībsargājošās iestādes, kurām izveidoti šādi konti, atbilstoši procesa virzītāja nolēmumiem veic kontā iemaksātās kriminālprocesā izņemtās naudas un drošības naudas atmaksu vai iemaksu valsts budžetā. Nosakot konkrētas darbības, kas jāveic ar naudu, kas atrodas deponēto līdzekļu kontos, likumdevējs nav paredzējis vienotu procesu, kā nauda atdodama. Problēmsituācija rodas arī tādēļ, ka ne vienmēr ir iespējams naudu atdot tās devējam. Rakstā tiek pētīts tiesiskais regulējums, kādas ir iestādes tiesības rīkoties ar šo naudu, un sniegti priekšlikumi normatīvā regulējuma pilnveidošanai, lai šo situāciju uzlabotu un deponēto līdzekļu kontos ilgstoši neglabātos naudas atlikumi. In Latvia, cash balances are stored for a long time in institutions deposited funds accounts, in terminated criminal proceedings, which within the legal framework cannot be directed to the intended purpose, namely, to return the money to the lender or transfer it to the state budget. As one of the types of security measures, a security deposit is applicable in criminal proceedings. The security deposit is also selected in the cases referred to in the law, when it is decided on the application of a security measure – detention. Money withdrawn in criminal proceedings and security money shall be credited to the accounts of funds deposited by law enforcement authorities. Law enforcement authorities to which such accounts have been established shall, in accordance with the decisions of the person conducting the proceedings, reimburse the withdrawn money and security deposit paid into the account or deposit it into the state budget. When determining specific actions to be performed with money held in deposited funds accounts, the legislator has not provided for a unified process by how money shall be returned, as well as a problem situation arises because it is not always practically possible to return money to the lender. The article will study the legal framework how the institution is entitled to dispose of this money, and provide proposals for improving the regulatory framework to improve the current situation, as a result, funds would not be stored in the deposited funds accounts for a long time.

The Open Society and the Democracy to Come: Bergson, Deleuze and Guattari

2016 ◽  
Vol 10 (3) ◽  
pp. 352-366 ◽  
Author(s):  
Bruce Baugh
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Open Society ◽  
Minor Literature ◽  
Deleuze And Guattari ◽  
The People ◽  
To Come ◽  
Polar Opposite ◽  
A Minor ◽  
Gain Access

In Bergsonism, Deleuze refers to Bergson's concept of an ‘open society’, which would be a ‘society of creators’ who gain access to the ‘open creative totality’ through acting and creating. Deleuze and Guattari's political philosophy is oriented toward the goal of such an open society. This would be a democracy, but not in the sense of the rule of the actually existing people, but the rule of ‘the people to come,’ for in the actually existing situation, such a people is ‘lacking’. When the people becomes a society of creators, the result is a society open to the future, creativity and the new. Their openness and creative freedom is the polar opposite of the conformism and ‘herd mentality’ condemned by Deleuze and Nietzsche, a mentality which is the basis of all narrow nationalisms (of ethnicity, race, religion and creed). It is the freedom of creating and commanding, not the Kantian freedom to obey Reason and the State. This paper uses Bergson's The Two Sources of Morality and Religion, and Deleuze and Guattari's Kafka: For a Minor Literature, A Thousand Plateaus and What is Philosophy? to sketch Deleuze and Guattari's conception of the open society and of a democracy that remains ‘to come’.

Multidimensional analysis of the state of Russian studies on the education issues over 1993–2016

2018 ◽  
pp. 50-62
Author(s):  
Дмитрий Рубвальтер ◽  
Dmitry Rubvalter ◽  
Александр Либкинд ◽  
Alexander Libkind ◽  
Валентина Маркусова ◽  
...  
Keyword(s):  
Web Of Science ◽  
The State ◽  
Multidimensional Analysis ◽  
Russian Regions ◽  
Global Flow ◽  
Educational Issues ◽  
Foreign Countries ◽  
High Level ◽  
The Web ◽  
Made In

A multidimensional analysis of the state of Russian studies on the education issues over 1993–2016 was carried out based on the materials of the data contained in the Web of Science (SSCI, A & HCI and SCI-E databases). There were determined the dynamics and trends of a number of relevant indicators, such as the number of Russian publications by year, the share of these publications in the global flow of publications on education issues, the dynamics of the share of publications made in co-authorship with foreign colleagues, etc. A number of distributions of Russian publications on educational issues was compiled and analyzed: by journals, by Russian regions and cities, by organizations and authors of the publications. It was found that most of these distributions were characterized by a high level of non-uniformity. A list of journals (125 titles) in which Russian works on education issues had been published was compiled. Russian organizations (308) and domestic researchers (about two thousand) engaged in studying the issues of education were identified. It was discovered that more than 200 organizations and about 400 academicians from 60 foreign countries had participated in Russian studies on the education issues.

scholarly journals ‘Our legal responsibility…to intervene on behalf of the child’: Recognising public responsibilities for the medical treatment of children

2021 ◽  
Vol 21 (1) ◽  
pp. 19-41
Author(s):  
Jo Bridgeman
Keyword(s):  
Medical Treatment ◽  
Social Services ◽  
Local Authority ◽  
The State ◽  
Parental Authority ◽  
Best Interests ◽  
Legal Responsibility ◽  
Local Authorities ◽  
Professional Responsibilities ◽  
Seriously Ill

This article argues for recognition of public responsibilities to protect the welfare of children with respect to decisions affecting their health and medical treatment. As the quote in the title of this article, from David Plank, the Director of Social Services responsible for bringing the case of Baby Alexandra before the courts, identifies, early cases concerning children’s medical treatment were brought by local authorities to determine responsibilities to protect the welfare of children. In cases such as Re B (1981), Re J (1990) and Re W (1992), the court was asked not only to determine the child’s best interests but also to clarify the duties of the local authority, Trust, court and child’s parents to the child. The respective duties established apply to all involved in cases brought before the courts on the question of a child’s future medical treatment, whether or not the child is in the care of the state. Recent cases concerning the medical treatment of seriously ill children have involved claims of parental authority to determine the care of their child. To the contrary, this article argues that court involvement is required when parents are disagreed with the child’s treating doctors over the child’s medical treatment because of public as well as parental and professional responsibilities for the welfare of all children.

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