scholarly journals The essence of legal components of economic risks

2018 ◽  
Vol 82 (3) ◽  
pp. 74-82
Author(s):  
S. V. Yevdokimenko
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Negative Consequences ◽  
Theoretical Synthesis ◽  
Legal Risks ◽  
Different Types ◽  
Definition Of ◽  
Economic Risks

This research is one of the first attempts in the Ukrainian legal science in determining the essence and features of legal components of economic risks taking into account the latest achievements of science. It has been emphasized that theoretical basis for determining the concept of “risk” is widely researched in the scientific literature, but the problem of legal components of the economic risks has been insufficiently highlighted. The concept of “legal components of economic risks” has been defined; factors that actualized the problem of risks in Ukraine have been considered; and the features of the classification of economic risks according to legal components have been established. It has been noted that the negative consequences of economic risks are unforeseen losses. From the point of view of legal risks, such consequences should be defined as losses (according to the Civil Code of Ukraine) or as the amount of caused damages (according to the Criminal Code of Ukraine). Administrative liability is also established depending on the amount of caused damage for different types of activities. According to the author, the essence of legal components of economic risks is to determine the criteria for the delimitation of lawful and unlawful economic risk, the possibility of using the levers of legal influence in this regard, namely the establishment of the basis for a person’s liability for damage caused by a risky act. Legal components contain possible options of overcoming the consequences of risk situations, establish the threshold for criminal liability and punishment for economic crimes, depending on the caused damage. On the basis of the analysis of the current legislation of Ukraine and generalization of the main provisions of the works of scholars, the author has made theoretical synthesis and has found a new solution to the scientific problem – the definition of the essence and features of legal components of economic risks related to liability in accordance with the legislation of Ukraine in order to overcome the consequences of risk situations for different types of activities depending on the amount of caused damage.

To the issue of legal liability for informational and mental iatrogenesis and their correlation

2019 ◽  
pp. 165-174
Author(s):  
Nikolai Alekseyevich Ognerubov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Civil Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Medical Worker ◽  
The Russian Federation ◽  
Criminal Legislation

We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.

scholarly journals TYPES OF LIABILITY IN THE MODERN RUSSIAN CRIMINAL LAWS

2020 ◽  
Vol 10 ◽  
pp. 56-60
Author(s):  
Lyubov Yu. Larina ◽  
◽  
Inga V. Pantyukhina ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Different Types ◽  
The Russian Federation ◽  
Legal Fact ◽  
Criminal Legislation ◽  
Modern Russian

The article substantiates the existence of criminal liability and other types of liability in the criminal legislation. The authors give a classification of types of criminal liability depending on the legal fact entailing responsibility and specific measures that make up the content of a particular type. It is proposed to distinguish two main types-primary and secondary responsibility, each of which is divided into separate varieties. They argue for the need to include in the criminal code of the Russian Federation rules on the responsibility of minors who are not subject to criminal liability; make predictions about the possibility of new measures of responsibility in criminal law. In view of the different types of liability, the question of liability of legal persons under criminal law could be considered differently.

scholarly journals Doctrinal issues of criminal responsibility in Russian criminal law

2019 ◽  
pp. 128-135 ◽  
Author(s):  
E. N. Barkhatova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Nature ◽  
The Russian Federation ◽  
The Moment ◽  
Definition Of

The paper is devoted to determining the moment of criminal responsibility and its content. The positions existing in science and practice are analyzed. The point of view on the occurrence of criminal responsibility at the moment when a person is being charged with a crime is substantiated. This opinion is supported by an analysis of Art. 299 and 305 of the Criminal Code of the Russian Federation. The relationship between the characteristics of the subjective side of the crime and the emergence of criminal responsibility is demonstrated. The content of criminal responsibility has been examined both in the criminal law and in the criminal procedure aspect. The emergence and termination of criminal responsibility, as well as its content, are examined, inter alia, through the prism of the grounds for relief from it provided for in Sec. 11 of the Criminal Code of the Russian Federation. Other measures of a criminal legal nature have been studied as constituting criminal responsibility. The issue of the possibility or impossibility of including them in the content of criminal responsibility has been resolved. The classification of the components forming the content of criminal responsibility is proposed. The definition of criminal responsibility is formulated, which, according to the author, should be enshrined in the Criminal Code of the Russian Federation.

scholarly journals Criminal Influence and Problems of its Definition in the Criminal Code of Ukraine

2021 ◽  
Vol 6 ◽  
pp. 46-56
Author(s):  
Artem Nikitin
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
High Probability ◽  
Criminal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Legal Certainty ◽  
Abstract Concepts ◽  
Definition Of ◽  
Criminal Legislation

The article researches the term “criminal influence” which was introduced to the Criminal Code of Ukraine (hereinafter – the CC of Ukraine) by the Law of Ukraine “On amendments to the Criminal Code of Ukraine regarding liability for crimes committed by criminal community”, and its correlation with the institute of complicity in a crime, in particular with objective elements of accomplices in a crime, as well as with illegal influence. The author concludes that there may be one narrow and two broad types of understanding of this term. Moreover, criminal influence may be considered not only from the criminal legal but also from the criminological point of view. Criminal influence is a part of the broader term of illegal influence. However, in contrast to other types of illegal influence, criminal influence, due to its social danger, is limited by the state specifically by the means of criminal law.The term of criminal influence introduced to the Ukrainian criminal legislation has serious gaps, so that it is extremely poor and practically inapplicable. Moreover, not only this term defined in the note to Art. 255 of the CC of Ukraine, but also corpus delicti provided for in Art. 255-1 of the CC of Ukraine (intentional establishment or dissemination of the criminal influence in society) should be substantially revised. The usage of general formulations and abstract concepts in the disposition of Art. 255-1 of the CC of Ukraine, as well as non-exhaustive lists of objective and subjective elements in the definition of the term of criminal influence violates the principle of legal certainty as a part of a broader rule of law principle. Bringing individuals to the criminal liability for committing crimes related to the criminal influence (intentional establishment or dissemination of the criminal influence in society and request for its application) or conviction of individuals for these crimes with a high probability will cause substantial violations of fundamental principles of criminal law and human rights.

On the Dynamic Isotropy of Mechanisms With Two Degrees of Freedom

2005 ◽  
Author(s):  
Raffaele Di Gregorio ◽  
Alessandro Cammarata ◽  
Rosario Sinatra
Keyword(s):  
Finite Number ◽  
Degrees Of Freedom ◽  
Point Of View ◽  
Closed Curves ◽  
Special Cases ◽  
Dynamic Performances ◽  
Definition Of ◽  
Geometric Locus

The comparison of mechanisms with different topology or with different geometry, but with the same topology, is a necessary operation during the design of a machine sized for a given task. Therefore, tools that evaluate the dynamic performances of a mechanism are welcomed. This paper deals with the dynamic isotropy of 2-dof mechanisms starting from the definition introduced in a previous paper. In particular, starting from the condition that identifies the dynamically isotropic configurations, it shows that, provided some special cases are not considered, 2-dof mechanisms have at most a finite number of isotropic configurations. Moreover, it shows that, provided the dynamically isotropic configurations are excluded, the geometric locus of the configuration space that collects the points associated to configurations with the same dynamic isotropy is constituted by closed curves. This results will allow the classification of 2-dof mechanisms from the dynamic-isotropy point of view, and the definition of some methodologies for the characterization of the dynamic isotropy of these mechanisms. Finally, examples of applications of the obtained results will be given.

scholarly journals UKRAINIAN REALIA OF THE XIX CENTURY AND ITS TRANSLATION (BASED ON THE POEM “KATERINA” BY TARAS SHEVCHENKO)

2019 ◽  
Vol 1 (16) ◽  
pp. 124-130
Author(s):  
E.I. Panchenko
Keyword(s):  
General Theory ◽  
Cultural Differences ◽  
Real World ◽  
Species Replacement ◽  
Different Types ◽  
General Meaning ◽  
Definition Of ◽  
Xix Century ◽  
Entire Array

The article is written in line with current research, since the problem of studying Ukrainian realities is of unquestionable interest for several reasons. First, understanding the realities will promote bettermutual understanding of different peoples; and secondly, the definition of optimal means of translating the realities is a definite contribution to the general theory of translation. Different types of real-world classifications are proposed, the difficulties associated with the adequate transfer into the translated text of an entire array of cultural information encoded in the realities contained in the origina text are investigated. Basing on the analysis of numerous translations of literary works, Ukrainian researchers (R. Zorivchak, V. Koptilov, O. Kundzich, O. Cherednichenko, etc.) show ways to overcome linguistic obstacles caused by cultural differences. But, as far as we know, the problem of the translation of Ukrainian realities in the works of T. Shevchenko is not yet exhaustively highlighted. The purpose of this article is to analyze the peculiarities of the use of realities in the work of Taras Shevchenko "Katerina" and their translation into English. We have given an ideographic classification of lexical units - Ukrainian realities in fiction and analyzed such means of their translation as calque, renomination, transcription with explanation, the introduction of neologism, the principle of generic-species replacement, which allows  conveying (approximately) the content of the realities by a broader, general meaning, that is, the reception of generalization. The results of our analysis allow us to make an ideographic classification of Ukrainian realities that are used in fiction, as well as to summarize the prevalence of their means of translation. Prospects for further research are seen in the analysis of certain translation failures in the translation of realities and to offer the best options for their translation.

The Invisible Landscape: Subsoil, Environment and the Italian Legislation on the Cultural Heritage

1999 ◽  
Vol 2 (2) ◽  
pp. 159-175
Author(s):  
Laura Domanico
Keyword(s):  
Cultural Heritage ◽  
Point Of View ◽  
Human Beings ◽  
Negative Consequences ◽  
Human Environment ◽  
Dynamic View ◽  
Definition Of ◽  
Historic Landscape ◽  
Emotional Approach ◽  
Italian Legislation

The study examines the Italian legislation on the cultural heritage and the environment, and points out the cultural gaps from the point of view of the definition and comprehension of these matters, and the delays surrounding the management of the cultural heritage in the territory. While theoretical debate on the environment in Italy has received a strong impulse in recent years, the cultural heritage continues to be governed by generally outdated laws of an essentially restrictive and punitive nature. The environment and cultural heritage are also seen by the Italian legislation as two separate entities, with negative consequences at the level of the protection, safeguarding and evaluation of the heritage. The study also puts forward a unified, dynamic view of the human environment (the interaction between human beings and the environment), which includes both the visible and invisible landscapes, the latter existing concealed beneath the surface. The proposed concept of the subsoil is that of a structured universe, in whose understanding and interpretation archaeology plays a determining role. By protecting and safeguarding only what ‘we can see’, i.e. the environmental and historic landscape above the soil, the law forgets that this is nothing other than the product of a series of partial landscapes fossilized and stratified in the course of time. By seeking out a new definition of the human environment, the study advances a conception that takes into account continuing transformations while not excluding an intuitive and emotional approach.

scholarly journals On the classification of threats to the economic security of an enterprise in modern conditions

2021 ◽  
Vol 9 (2) ◽  
pp. 106-110
Author(s):  
Ivan Rykov
Keyword(s):  
Negative Impact ◽  
Economic Security ◽  
Entrepreneurial Activity ◽  
Negative Consequences ◽  
Timely Manner ◽  
Internal Factors ◽  
Definition Of ◽  
Adaptation Processes ◽  
Traditional Approaches

The article considers the existing views on the definition, elements of economic security of an enterprise, as well as typification features used in solving problems of classification of factors threatening it. The author systematizes traditional approaches to the definition of the term "economic security of an enterprise" and proposes a dualistic model of its description, in which it is presented not only as a desired state of protection of an entity engaged in entrepreneurial activity from the negative impact of external and internal factors, but also as a complex of controlled and continuous adaptation processes occurring within the enterprise in order to ensure its adaptation to changing conditions. It is also concluded here that threats to economic security that cannot be neutralized in most cases can be detected in a timely manner, which is especially important given the need to minimize negative consequences for the enterprise arising as a result of their action. As the main direction of further research in the field of classification of threats to the economic security of the enterprise, the search for correspondences between each of the types of threats to economic security and the methods by which the enterprise can effectively adapt to such threats is proposed.

scholarly journals ILLEGAL TURNOVER OF OFFICIAL DOCUMENTS: CRIMINAL LEGAL ASPECT

2019 ◽  
Vol 29 (6) ◽  
pp. 892-898
Author(s):  
S.A. Styazhkina
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Legal Aspect ◽  
Criminal Code ◽  
Official Document ◽  
The Russian Federation ◽  
Subjective Side ◽  
Made In

The article discusses the issues of criminal liability for encroachments on the procedure of official document circulation. The concept and features of a document and an official document as subjects of criminal law protection are analyzed in detail. Criteria are proposed for distinguishing between a document and an official document, as well as the classification of documents. Particular attention is paid to the analysis of amendments to Article 327 of the Criminal Code of the Russian Federation, made in the summer of 2019, which provide for responsibility for the falsification, production or circulation of fake documents, state awards, stamps, seals or letterheads. The article examines in detail the objective features of the elements of crimes encroaching on official documents, which include the acquisition, sale, stealing, destruction, damage, concealment, as well as forgery of official documents, the sale of fake official documents and their use. The issues of the subjective side of these crimes are considered. The article also focuses on the problems of delimiting the use of obviously fake official documents, the responsibility for which is provided for in paragraph 4 of Article 327 of the Criminal Code of the Russian Federation from crimes, where the use of fake documents acts as a means of committing a crime, such as fraud, illegal obtaining a loan, etc. Suggestions are made on the appropriateness amending a number of articles of the Criminal Code of the Russian Federation, providing for liability for encroachment on official documents.

scholarly journals The complexity of DNA sequences. Different approaches and definitions

2020 ◽  
Vol 15 (2) ◽  
pp. 313-337
Author(s):  
Vladimir D. Gusev ◽  
Liubov A. Miroshnichenko
Keyword(s):  
Dna Sequences ◽  
Quantitative Characteristic ◽  
Low Complexity ◽  
Structural Features ◽  
General Definition ◽  
Symbolic Sequence ◽  
Different Types ◽  
Definition Of

An important quantitative characteristic of symbolic sequence (texts, strings) is complexity, which reflects at the intuitive level the degree of their "non-randomness". A.N. Kolmogorov formulated the most general definition of complexity. He proposed measuring the complexity of an object (symbolic sequence) by the length of the shortest descriptions by which this object can be uniquely reconstructed. Since there is no program guaranteed to search for the shortest description, in practice, various algorithmic approximations considered in this paper are used for this purpose. Along with definitions of complexity, suggesting the possibility of reconstruction a sequence from its "description", a number of measures are considered that do not imply such restoration. They are based on the calculation of some quantitative characteristics. Of interest is not only a quantitative assessment of complexity, but also the identification and classification of structural regularities that determine its specific value. In one form or another, they are expressed in the demonstration of repetition in the broadest sense. The considered measures of complexity are conventionally divided into statistical ones that take into account the frequency of occurrence of symbols or short “words” in the text, “dictionary” ones that estimate the number of different “subwords” and “structural” ones based on the identification of long repeating fragments of text and the determination of relationships between them. Most of the methods are designed for sequences of an arbitrary linguistic nature. The special attention paid to DNA sequences, reflected in the title of the article, is due to the importance of the object, manifestations of repetition of different types, and numerous examples of using the concept of complexity in solving problems of classification and evolution of various biological objects. Local structural features found in the sliding window mode in DNA sequences are of considerable interest, since zones of low complexity in the genomes of various organisms are often associated with the regulation of basic genetic processes.

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