scholarly journals PROBLEMS OF DEFINITION OF THE DIRECT OBJECT OF CRIMINAL OFFENSE “DESIGN OR OPERATION OF STRUCTURES WITHOUT ENVIRONMENTAL PROTECTION SYSTEMS”

2020 ◽  
Vol 2 (6-2) ◽  
pp. 43-50
Author(s):  
S. V. DEMENKO
Author(s):  
Mariia Sirotkina ◽  

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".


2019 ◽  
Vol 1153 ◽  
pp. 113-118
Author(s):  
Daniel Tihanov-Tănăsache ◽  
Vlad Alexandru Florea ◽  
Daniela Dinica ◽  
Emilia Florina Binchiciu ◽  
Nicușor Alin Sîrbu

The paper presents three applications for maintenance of soil processing tools, achieved by loading through welding of rough layers, of the active surfaces, highly subjected to wear. To achieve this objective we used the preventive repetitive maintenance principles and the concept of fair definition of the wear additional material, in such a way that the rendering activity of active surfaces with the additions will take place in the „dead time” for the manufacturing operation. In concrete situations, of preparing and processing soil, to assure the good functioning of cutting tools in contact with the soil to be processed, in quarries that extract and process basaltic rock aggregates we used a common process of depositing wear protection layers or intelligent self-protection systems, by melting with electric arc of new welding materials that assure in the deposited metal, type Fe-25%Cr-4%W-1%V-Ti-La, hardness of approx. 55HRC and a good welding compatibility with a large palette of low alloyed steels or micro-alloyed with boron, with hardness up to 400 HB. The structure and morphology of the deposits are type austenitic with a high volume of complex carbides of chromium, wolfram and vanadium and reduced, clean inter-crystalline areas, determined by the presence of lanthanides, fact that assures the intelligent protection systems a high tenacity and a good resistance to abrasion wear, specific clay soil with a high content of quartz sand, present in the vest area. The recent change in soil processing systems, by introducing new equipment, determined a rise in wear conditions, especially for scarify and plow coulters teeth and hoeing digger used for growing crops, respectively of useful technologies used in exploitation in conditions of high productivity with low costs.


2010 ◽  
Vol 17 (1) ◽  
pp. 79 ◽  
Author(s):  
Ylva Uggla

This paper treats two highly topical and interconnected environmental issues-climate change and biodiversity-in which the nature-culture divide appears in policy and regulation. The aim is to analyze how "the natural" and concerns for biodiversity and climate change are constructed in applicable regulatory frameworks, and to explore social and environmental consequences of these constructions. The analysis indicates that biodiversity and climate change regulation help construct nature and culture as separate categories and give rise to the notion that the natural state is worth protecting from human intrusion. The notion of human agency, however, is ambiguous because humans are depicted as having the power and skill to protect and even recreate "natural nature". The paper concludes that, although nature and the natural are often used as politically and socially-neutral concepts, the definition of "natural nature" as a place devoid of humans has social as well as environmental consequences.Keywords: biodiversity, climate change, human-nature relations, environmental protection, environmental regulation


2014 ◽  
Vol 543-547 ◽  
pp. 4121-4124
Author(s):  
Jiu Mei Zhang ◽  
Jing Xu ◽  
Gang Xu ◽  
Hong Yu

This paper states the image of product, the definition of energy-saving and environmental protection equipment, and the need of image design for domestic energy-saving equipment, analyzing the image recognition system and visual identification system of constituting the system of energy-saving equipment product, proposing a set of scientific and rational procedure for the visual image of the energy-saving product: find the characteristics of the product and establish its image; ‚conduct design from the point to the surface;ƒstrengthen the image of the product by the same series to multi-series;„perfect and implement product image and popularize inside and outside the enterprise. The paper aims to enhance the image of energy-saving and environmental protection product, creating brand, establishing corporate culture and promoting the competitiveness of enterprises.


Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 75-84
Author(s):  
A. M. Gerasimov

The study is focused on the development of the theory of a criminal misconduct as an independent type of a criminal offense. The aim of the work was to formulate the author’s definition of a criminal misconduct that meets the social demand for the liberalization of the branch of criminal legislation. In the course of the research, the dialectical method was used, which made it possible to discover and analyze the common nature and, at the same time, the independence of a criminal offence and a criminal misconduct A universal tool of cognition was combined with such specific scientific methods as systemic and formal-logical methods. The theses developed in the work are based on the analysis of the content of criminal legislation, as well as the corresponding standins of the Plenum of the Supreme Court of the Russian Federation and representatives of the criminal law doctrine.The author gives examples from judicial practice as illustrations of legally significant situations that receive an ambiguous criminal-legal assessment at the level of law enforcement.Based on the results of the study, the concept of a criminal offense was formulated and the mechanism of its establishment was revealed. A criminal misconduct is justified as an act, although it contains signs of any corpus delicti, formally belonging to the category of small or medium severity, but recognized by the court, due to its insignificance, as not posing a public danger. The mechanism for establishing a criminal misconduct presupposes a statement in the act of the category of public danger (formal signs of corpus delicti) and further exclusion of the degree of public danger and, as a consequence, public danger in general. The ideas presented in the work can serve as a motive and basis for rethinking issues related to the substantiation of the nature of a criminal misconduct and its delimitation from other legal torts.


2016 ◽  
Vol 12 (1) ◽  
pp. 245-247
Author(s):  
Elena V Frolova

In this article, on the basis of the analysis of scientific approaches in the theory of criminal law and criminal legislation of the Russian Federation in the field of environmental protection describes some of the problems of the definition of "environmental crimes". It seems the author's definition of "environmental crime".


2021 ◽  
pp. 380-397
Author(s):  
M. Dumchykov ◽  
O. Bondarenko ◽  
M. Utkina

The purpose of the article is to analyze approaches to the formation of the essence and constituent elements of the forensic characteristics of the legalization of corruption proceeds (Article 209 of the Criminal Code of Ukraine), to highlight and describe the elements of the forensic characteristics of this criminal offense. Forensic characteristics play a special role in the very structure of the methodology for investigating a criminal offense of this type. A successful and comprehensive study of the circumstances of a criminal offense largely depends not only on the correct definition of the criminal-legal signs of an act, but also on the investigator’s understanding of the criminalistics nature of the corresponding offense. The analysis of publications indicates the presence of a number of disagreements between the authors in the construction of the forensic characteristics of the legalization (laundering) of proceeds from crime. Comparison of the existing doctrinal approaches to understanding the structural elements of the forensic characteristics of the legalization of funds obtained by criminal means, made it possible to form the author’s approach. According to the authors of the article, the forensic characteristics of the legalization (laundering) of incomes obtained as a result of the commission of a criminal offense should include both basic and additional elements. The main elements of the forensic characteristics of legalization are proposed to include the following: typical traces of a criminal offense; its subject; the way of committing such an offense. Additional, according to the authors of the article, it is advisable to include the following: the subject of a criminal offense; the time of its commission; the area in which the offense is committed; the environment of the criminal offense; source of origin of “dirty money”. The proposed elements of the forensic characteristics of a criminal offense can be the starting point in the development of an effective methodology for investigating money laundering.


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