scholarly journals Content of Investigative Situations of the Initial Stage of Investigating Coercion to Fulfill or Non-Fulfillment of Civil Obligations Committed by Organized Criminal Groups

2020 ◽  
Vol 79 (4) ◽  
pp. 54-60
Author(s):  
Є. В. Зозуля

A number of issues concerning the essence of the investigative situation have been studied. The author has indicated the need for a comprehensive study of its constituent elements, given the specifics of the investigation of coercion to fulfill or non-fulfillment of civil obligations committed by an organized criminal group. The interrelationships of investigative situations of the initial stage of the investigation have been analyzed; directions of the development have been indicated. The bases for choosing and realizing actions at the initial stage of investigation have been analyzed; investigative situations and algorithms of the corresponding actions have been specified. Ways to solve a difficult situation and transition from one investigative situation to another during the pre-trial investigation have been suggested. Based on the analysis of scientific opinions on such a forensic category as the investigative situation of the initial stage of the pre-trial investigation, the author has substantiated own views on this issue. The processes that take place in the system of interrelation of the investigative situation of the initial stage of the investigation along with the actions corresponding to it have been studied. The specific investigative situations of the initial stage of the pre-trial investigation and the actions that correspond to them during the investigation by the fact of coercion to fulfill or non-fulfillment of civil obligations committed by an organized criminal group have been analyzed. Taking into account the positive and negative practice of investigating crimes related to the researched crime, the author for the first time has elaborated an algorithm of the investigator’s behavior at the initial stage of their investigation, given that those actions are committed by an organized group of people. Given the positive practice of investigating coercion to fulfill or non-fulfillment of civil obligations, the author has defined the possible ways to use information about the investigative situations of the initial stage of the investigation in order to optimize the activities of investigative units during the investigation of this category of criminal proceedings. Typical investigative situations of the initial stage of investigation have been studied and algorithms of the investigator’s actions during their realization have been defined.

THE BULLETIN ◽  
2021 ◽  
Vol 389 (1) ◽  
pp. 252-259
Author(s):  
N. Kh.-A. Rakhmonkulova

The article analyzes international and national guarantee investment activities on the territory of the Republic of Uzbekistan and discusses the issues of the implementation of the rights and legitimate interests of foreign investors using legal guarantee obligations in the national legislation of Uzbekistan. The aim of the study is to study the international mechanism for guaranteeing the repatriation of foreign investors, a comprehensive analysis of the most important international legal mechanisms in this area. The scientific novelty of the research is determined by the fact that the raised problem became for the first time the subject of a special comprehensive study. The author carries out research based on a significant number of international legal acts in the field of international legal guarantees for investment activities, constituent documents of intergovernmental organizations-subjects of international law, conducts a comparative analysis of various aspects of guarantees for investment activities. The novelty of the article is also enhanced by the fact that the author studies in detail the problems of correlation between the international legal and national legal mechanisms for guaranteeing investment activity. In the article, based on the analysis of international legal material, for the first time are investigated: - the international legal mechanism for guaranteeing investment activities, its constituent elements; the operation of multilateral and bilateral agreements in this area; -national legal mechanism for guaranteeing investment activities; To achieve this goal, taking into account the designated subject of research, the following results were obtained in the work: • International legal guarantees have been studied and a legal description to them has been given; • The main aspects of interaction between the international and national legal mechanism for guaranteeing investment activity have been identified;


2021 ◽  
Vol 11 (14) ◽  
pp. 6452
Author(s):  
César Ricardo Soto-Ocampo ◽  
Juan David Cano-Moreno ◽  
José Manuel Mera ◽  
Joaquín Maroto

Increasing industrial competitiveness has led to an increased global interest in condition monitoring. In this sector, rotating machinery plays an important role, where the bearing is one of the most critical components. Many vibration-based signal treatments are already being used to identify features associated with bearing faults. The information embedded in such features are employed in the construction of health indicators, which allow for evaluation of the current operating status of the machine. In this work, the use of contour maps to represent the diagnosis map of a bearing, used as a health map, is presented for the first time. The results show that the proposed method is promising, allowing for the satisfactory detection and evaluation of the severity of bearing damage. In this initial stage of the research, our results suggest that this method can improve the classification of bearing faults and, therefore, optimise maintenance processes.


Author(s):  
Nadezhda G. KANTYSHEVA ◽  
Inna V. Solovyova

This article is devoted to a comprehensive study of the structural and semantic features of dish names and their descriptions in German in the field of restaurant discourse. The study employs cognitive discourse analysis, elements of comparative and contextological approaches, taking into account linguocultural parameters. The relevance of the comprehensive study of the names of dishes in restaurant discourse is due to an increased interest in the parameterization of lexical units in different types of institutional discourse. The scientific novelty of this work lies in the fact that for the first time, within the framework of a restaurant menu, not only the nomination of a dish is considered, but also the structural and semantic characteristics of its description are analysed. An attempt is made to analyse a connection between the nominations of dishes and their description in the restaurant menu, as well as to determine the semantic dominants of the genre under study. It is concluded that the text of the menu as a whole presents a combination of the language for special purposes and the language of advertising. In interaction with extralinguistic factors, the nominations of dishes and their descriptions not only document the culture of food in society, but also reflect the ethnocultural picture of the world. Based on the analysis of the menu texts, it is established that structurally the names of dishes are complex words or phrases, built mainly according to the attributive model. The description of dishes performs the function of verbalizing the sensations of taste and clarifying the method of preparing dishes, characterizing the quality of dishes, their ingredients, and the intensity of taste. Evaluative parameters in descriptions are expressed at the lexical, grammatical, syntactic and stylistic levels.


Author(s):  
L. G. Vakulenko ◽  
◽  
O. D. Nikolenko ◽  
D. A. Novikov ◽  
P. A. Yan ◽  
...  

A comprehensive study of the composition of sand and silt deposits of the Yu1 horizon of the Vasyuganskaya Formation upper part of the Verkh-Tarskoye oil field has been carried out. Associations of authigenic minerals have been determined in their cement, among which the calcite is the most widespread. According to petrographic parameters, three generations of calcite have been identified for which detailed isotopicgeochemical and ultramicroscopic studies were carried out for the first time. Wide and multi directional changes in the isotopic composition of carbon and oxygen and in the chemical composition of carbonate minerals were recorded, they indicate significant variations in the conditions of diagenesis and catagenesis, primarily temperature, and different sources of CO2. Significant variations in the isotopic composition of formation waters and its relationship with the isotopic composition of carbonates have been established. Thus, a narrow interval of close δ13C values was revealed, amounting to –10.5 to –9.1 ‰ in the formation waters of group II, and from –10.7 to –9.1 ‰ in calcites of the third generation. The source of CO2 in this system should be considered a carbon dioxide, which is formed in the process of metamorphism of carbonate rocks of the Paleozoic age.


Author(s):  
Алексей Викторович Дашин ◽  
Петр Михайлович Малин ◽  
Алексей Васильевич Пивень

В статье анализируется структура публичного законного интереса в уголовном судопроизводстве, входящих в него элементов на примере института домашнего ареста. Авторская модель публичного законного интереса участников уголовного процесса «привязана» к стадийности и может распространяться не только на вопросы, связанные с мерами пресечения. По мнению авторов, публичный законный интерес в контексте рассматриваемой проблемы воплощается в жизнь на основе нормативно установленного действия, содержащего конкретно сформулированные правила, устанавливающие четко определенные права и обязанности участников правоотношений. Данная деятельность сопряжена с определенными этапами (стадиями), которые в той или иной степени характерны соответствующей мере пресечения, и возможна в той стадии, где осуществляется оценка действий, предпринятых должностным лицом, осуществляющим производство по уголовному делу. Реализация публичного законного интереса, заявленного следователем, дознавателем на избрание домашнего ареста, зависит от того, как соответствующие устремления оценят другие должностные лица - руководитель следственного органа, прокурор (не обладающие правами реализации публичного законного интереса), то есть от их усмотрения. Законодатель не предоставляет следователю, дознавателю возможность «непосредственно» обратиться в суд - участнику процесса, наделенному правом реализовать их устремление на избрание меры пресечения. Подобные «преграды» не предусмотрены в законе для иных участников уголовного процесса, не наделенных публичной властью и стремящихся реализовать свой законный интерес. The article analyzes the structure of public legitimate interest in criminal proceedings, its constituent elements on the example of the institution of house arrest. The author's model of the public legitimate interest of participants in the criminal process is «tied» to the stage and can extend not only to issues related to preventive measures. According to the authors, public legitimate interest in the context of the problem under consideration is brought to life on the basis of a normatively established action containing specifically formulated rules establishing clearly defined rights and obligations of participants in legal relations. This activity is associated with certain phases (stages) that are more or less characteristic of the corresponding measure of restraint, and is possible at the stage where the actions taken by the official conducting the criminal proceedings are evaluated. The realization of the public legitimate interest declared by the investigator, the investigating officer for the election of house arrest depends on how the relevant intentions will be evaluated by other officials - the head of the investigative body, the prosecutor (who do not have the rights to realize the public legitimate interest), i.e. on their discretion. The legislator does not give the investigator, the inquirer the opportunity to turn «directly» to the court - a participant in the process, entitled to realize their intentions for the election of measures of restrain. Such «barriers» are not provided in the law for other participants in the criminal process who are not endowed with public authority and who seek to realize their legitimate interest.


Orthodoxia ◽  
2021 ◽  
pp. 111-124
Author(s):  
F. A. Gayda

This article deals with the political situation around the elections to the State Duma of the Russian Empire in 1912 (4th convocation). The main actors of the campaign were the government, local administration, liberal opposition and the clergy of the Orthodox Russian Church. After the 1905 revolution, the “official Church” found itself in a difficult situation. In particular, anti-Church criticism intensified sharply and was expressed now quite openly, both in the press and from the rostrum of the Duma. A consequence of these circumstances was that in this Duma campaign, for the first time in the history of Russian parliamentarianism, “administrative resources” were widely used. At the same time, the authorities failed to achieve their political objectives. The Russian clergy became actively involved in the election campaign. The government sought to use the conflict between the liberal majority in the third Duma and the clerical hierarchy. Duma members launched an active criticism of the Orthodox clergy, using Grigory Rasputin as an excuse. Even staunch conservatives spoke negatively about Rasputin. According to the results of the election campaign, the opposition was even more active in using the label “Rasputinians” against the Holy Synod and the Russian episcopate. Forty-seven persons of clerical rank were elected to the House — three fewer than in the previous Duma. As a result, the assembly of the clergy elected to the Duma decided not to form its own group, but to spread out among the factions. An active campaign in Parliament and the press not only created a certain public mood, but also provoked a political split and polarization within the clergy. The clergy themselves were generally inclined to blame the state authorities for the public isolation of the Church. The Duma election of 1912 seriously affected the attitude of the opposition and the public toward the bishopric after the February revolution of 1917.


2018 ◽  
Vol 34 (3) ◽  
Author(s):  
Quốc Toản Trịnh

With the aim of preventing crimes in current period, the Vietnamese state for the first time has established criminal liability of commercial corporate bodies in the Criminal Proceedings Code 2015 (amended in 2017). This Code also provides procedures to prosecute corporate bodies. The author investigates and analyses provisions of the Criminal Proceedings Code 2015 regarding criminal procedures against corporate bodies, in order to point out shortcomings and recommend amendments.


2021 ◽  
Vol 70 (1) ◽  
pp. 129-136
Author(s):  
Irina V. Shmidt ◽  

The research is aimed at updating the attention to the collections from museum storerooms, to the artifacts fragments that make up the bulk of their funds. The late Paleolithic Chernoozerye II site is located in the Sargatsky district of the Omsk region, it was discovered and studied in the late 1960s and early 1970s by the Ural archaeological expedition led by V. F. Gening and V. T. Petrin. Materials of this complex are well published by its discoverers. Bone artifacts decorated with ornaments are represented by a dagger, fragments of diadems, pendants, and a “hatchet”. The study is focused on two fragments of bone artifacts with a disturbed ornamental record, they are stored at the Omsk State Museum of History and Local Lore (OMK 9675/710, OMK 9675/713). The author discusses the technical algorithm of ornamental practice that is typical for this complex. The revealed stylistic features of ornamental plots contribute to the development of certain topics of paleoart studies — morphology of ornamental plots/signs, chronological markers of ornaments, principles of observation and fixation of patterns, cultural and genetic aspects of the development of simple plots. The results are offered as arguments for the development of a discussion about the vectors of cultural development in the south of Western Siberia in the final Paleolithic. For the first time, based on the characteristics of the key parameters of ornamental plots (the form of signs and the syntax of their constituent elements), the paper has indicated to the connection between the Chernoozerye material and the Ural ornamental tradition of the final Paleolithic — early Mesolithic.


Author(s):  
Volodymyr Dzhagan ◽  
Oleksandr Selyshchev ◽  
Yevhenii Havriliuk ◽  
Nazar Mazur ◽  
Oleksandra Raievska ◽  
...  

The variation of the cationic composition in I2-II-IV-VI4 semiconductor compounds is an effective tool for altering their properties in a controlled manner. In particular, a partial substitution of Cu for Ag in kesterite Cu2ZnSnS4 was proposed to suppress Cu-Zn antisite defects and the improve photovoltaic performance. However, the efficiency of this approach may substantially depend on the fabrication route. Here, we report on the synthesis of (Cu,Ag)-Zn-Sn-S (CAZTS) and Ag-Zn-Sn-S (AZTS) nanocrystals (NCs) by means of "green" chemistry in aqueous solution and their detailed characterization by Raman spectroscopy and by several complementary techniques. Through a systematic variation of the nominal composition and quantification of the constituent elements in CAZTS and AZTS NCs by XPS, we identified the vibrational Raman and IR fingerprints of both the main AZTS phase and secondary phases of Ag-Zn-S and Ag-Sn-S compounds (for the first time). The formation of the secondary phases of Ag-S and Ag-Zn-S cannot be avoided entirely for this type of synthesis. The Ag-Zn-S phase, having its bandgap in near infrared range, is the reason of the non-monotonous dependence of the absorption edge of CAZTS NCs on the Ag content, with a trend to redshift even below the bandgaps of bulk AZTS and CZTS.


2021 ◽  
Vol 8 (2) ◽  
pp. 611-620
Author(s):  
Jane Waithira Kimani Kinyanzui

Prisons all over the world have become the ‘epicenter’ of terrorist groups' activities that include violent extremism, radicalization and recruitments into terrorist prison criminal groups. Although many scholars, especially in Kenya, have not scratched this area, the fact remains that prisons have become a center of terrorist recruitment, strengthening, interconnecting, organizing, and conducting terrorist actions with subjects outside of prison. This study, therefore, was designed to evaluate the Kenya Prisons Service's functionality in managing Terrorist Prison criminal group Activities at Kamiti Maximum Prison. Three objectives focused this study; to examine the nature of available Terrorist Prison Criminal Groups Management strategies at the institution; to identify the anti-Terrorist Prison Criminal Groups Management gaps, and finally, to identify activities associated with Terrorist Prison Criminal Groups at Kamiti Maximum Prison. The paper employed a descriptive research design and a hybrid methodology where qualitative and quantitative data were obtained. Results showed that the most embraced terrorist management techniques were separation/isolation as it allows for close supervision and use of risk assessment instruments amongst other measures. Results also showed that clandestine use of the internet while in prison was associated with the recruitment of other prisoners into terrorist groups, Islamist militant prison radicalization, and external influences. The study findings showed that the main ways to mitigate the Terrorist Prison Criminal Group activities in Kenya included creating employment opportunities for the youth, creating rehabilitation programs for terror convicts, and offering education to the public. Amongst other measures, this was perceived as mitigation to reduce terrorist groups. The study recommended judges and magistrates to only incarcerate the most serious criminals and prefer non-custodial sentences for petty offenders. This will better manage the radicalization of petty prisoners. Key words: Inmates, terrorist criminals, Prison, Isolation, Concentration, Separation.


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