Criminal and legal policy on the death penalty in Ukraine: a historical and legal review of the XX-XXI centuries

2021 ◽  
pp. 173-187
Author(s):  
Oleksandr Ostrohliad ◽  
Liubomyr Ilyn
Keyword(s):  
Death Penalty ◽  
Criminal Policy ◽  
Historical Background ◽  
Soviet Period ◽  
Legal Analysis ◽  
Holistic Concept ◽  
General Scientific ◽  
European Standards ◽  
Historical Comparative ◽  
Historical Methods

Purpose. The purpose of the study is to reveal the historical background, legal consolidation of the existence and abolition of the type of death penalty in Ukraine. The research methodology is based on the principles of historicism, systematicity and objectivity. Methods. The interdisciplinary nature of the study led to the use of a range of general scientific, philosophical and special historical methods, among which, it is appropriate to distinguish the following: historical, comparative, document analysis and others. Results. The scientific novelty of the study is due to the challenges facing Ukraine today, on the basis of which the need to restore the death penalty in Ukraine is being discussed. It is the historical and legal analysis of events and decisions of the XX-XXI centuries that allows us to look at this issue from a different angle, as a phenomenon not inherent in Ukraine as a European state. At the same time, it is expedient to determine the preconditions for the dominance in Ukrainian society of the belief in the effectiveness of the application of the maximum penalty. This is explained to us primarily by the low level of legal culture and stereotypes established in the Soviet period that the law is primarily a punishment. Scientific novelty. Conclusions. It is established that for the territory of the modern Ukrainian state, the death penalty was not an inherent phenomenon. All attempts to introduce this type of punishment are related to the fact that the territory of Ukraine is under the rule of other states. In the case of independence, this type of punishment was abolished as soon as possible, as Ukraine has always sought European standards of humanity and treatment of convicts, and the existence of the death penalty does not allow to achieve the goal of punishment and avoid miscarriage of justice. The main recommendations according to the results of the study are the formation of a holistic concept of humanization of criminal policy and spreading the understanding among the population that in itself, even the most severe type of punishment can not significantly affect the level and dynamics of crime.

scholarly journals ELECTORAL DISTRICTS FORMATION AND REDISTRICTING EXPERIENCE OF CANADA REGIONS

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Игорь Ирхин ◽  
Igor Irkhin
Keyword(s):  
Supreme Court ◽  
Legal Regulation ◽  
Supreme Court Of Canada ◽  
Legal Analysis ◽  
Judicial Practice ◽  
National Representation ◽  
The Supreme Court ◽  
General Scientific ◽  
Historical Comparative ◽  
First Time

On the basis of the analysis of federal and regional level legislations, as well as judicial practice this article studies the issues of constitution-legal regulation of the order of formation and redistricting of electoral districts in the regions of the Canadian federation from a perspective of ensuring the implementation of the provisions of the Supreme Court of Canada to ensure an effective national representation (Reference re Prov. Electoral Boundaries (Sask.)). The article outlines proposals on mainstreaming the multifaceted approach of Canadian legislators and the expansion of the list of conditions that affect the ability to make decisions on formation and adjustment of electoral districts in the Russian Federation. The author uses general scientific methodology (analysis, synthesis, analogy, comparison), as well as other methods (historical, legal, historical, comparative law). For the first time the constitution-legal analysis of the Canadian Constitution provisions was carried out, as well as that of the acts of judicial practices and regional legislation regulating the procedure of the electoral districts’ formation and redistricting in the constituent entities of the Canadian federation from a perspective of ensuring the implementation of the provisions of the Supreme Court of Canada to ensure an effective national representation.

scholarly journals Jan Zamojski as a Representative of the Belz Voivodeship at the Warsaw Convocation Sejm in 1573

2021 ◽  
Vol 13 (2) ◽  
pp. 87-94
Author(s):  
Mariia Motuz
Keyword(s):  
Foreign Policy ◽  
Critical Analysis ◽  
16Th Century ◽  
Scientific Methods ◽  
Methodological Basis ◽  
Private Correspondence ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Historical Comparative ◽  
Historical Methods

The main purpose of the article is to study the position of Jan Zamojski as the sole ambassador of the Belz Voivodeship at the Warsaw Convocation Sejm in 1573. Such work will provide a better understanding of the sejm activities of the nobility of the Belz land in the late 16th century. The methodological basis of the article is the general scientific methods of critical analysis and synthesis. Among the special historical methods can be distinguished historical-comparative and problematic-chronological approaches. Legislative achievements of the pre-convocation sejms of Belz, Kalisz, Krakow, Poznan and Sandomierz voivodeship, resolutions of the Warsaw Convocation Sejm in 1573 and private correspondence of Jan Zamoyski in this period were used as a source base. Comparing the provisions of the instructions of the Belz pre-convocation sejm with the proposals of Wielkopolska and Malopolska ambassadors, as well as analysing Zamoyski’s letters at this time, we came to the conclusion that the views of the Ukrainian voivodeship largely coincided with those of Wielkopolska and Malopolska. In particular, in the instructions adopted in Belz, Wisla and Schröd, we come across mentions of necessity to agree on the time, place of election and form of participation of the nobility in this process, as well as to determine the principles of domestic and foreign policy for the interregnum. In addition, the Belgian ambassador Zamoysky in a letter to the provincial officer of the Ruthenian voivodeship Yakub Herburt put forward the idea of a common Sejm for all Ukrainian lands. In part, such statements can be interpreted as a rhetorical tool that helped Zamoyski achieve the main political goal at the time — to expand the circle of his supporters in different regions of the Commonwealth.

scholarly journals Church Fraternities in Socio-Political and Ethno-Confessional Life of the XVI-XVII cc. in the Light of Ukrainian Historiography

2021 ◽  
pp. 87-96
Author(s):  
Vasyl Menko ◽  
Keyword(s):  
Religious Identity ◽  
Political Life ◽  
Orthodox Church ◽  
Scientific Methods ◽  
Special Review ◽  
Analysis And Synthesis ◽  
Scientific Principles ◽  
General Scientific ◽  
Historical Comparative ◽  
Historical Methods

The purpose of this article is to investigate features of lightning in the works of Ukrainian researchers of the XIX- at the beginning XXI cc. of participation of Orthodox church fraternities, which existed on the territory of Ukraine, in ethno-confessional and socio-political life of the Commonwealth, their activities for the benefit of preservation of national and religious identity. Research methodology: the work is based on general scientific principles of historism, comprehensiveness, systemetic and etc. Various general scientific methods in particular analysis and synthesis, deduction and induction, comparison, systemization were used in the work. Special-historical methods such as historical-comparative, historical-typilogical, historical-chronological and others were applied. Scientific novelty of the research is that the special review of domestic historiography of participation of church fraternities in processes of ethno-confessional and socio-political life on Ukrainian lands during XVI-XVII cc. were carried on in the modern domestic science for the first time. Conclusions: The considered scientific achievement of Ukrainian researchers testifies great interest of researches of the XIX- at the beginning XXI cc. to the problems of participation of Orthodox church fraternities, which existed on the territory of Ukraine, in ethno-confessional and socio-political life of the XVI-XVII cc. Significant influence on the interpretation of scientists in various processes of domestic policy, national and religious life of the Commonwealth carried out the ideological beliefs of individual scholars. For example, such were ideas of muscoviteism, through the prism of which a lot of Galician researchers investigated history. Especially noticeable are the influences of political conditions that have imposed on researches certain historiographical patterns. In particular such approaches should be noted in the works of historians who worked under the pressure of the Soviet totalitarian system.

Reconstruction Of Urban Parks Of Culture And Rest Of The Soviet Period

2019 ◽  
pp. 61-65
Keyword(s):  
Public Space ◽  
Senior Citizens ◽  
Urban Parks ◽  
Public Spaces ◽  
Historical Background ◽  
Soviet Period ◽  
Limited Mobility ◽  
Functional Zoning ◽  
Functional Areas ◽  
The City

This article analyzes the main problems of urban public spaces, because today public spaces can determine the future of cities. It is noted that parks are multifunctional public spaces in the urban environment, as they are an important element of the citywide system of landscaping and recreation, perform health, cultural, educational, aesthetic and environmental functions. The article notes that the need for easily accessible and well-maintained urban parks remains, however, the state of parks in many cities of Russia remains unsatisfactory, requiring reconstruction. A brief historical background of the Park of Culture and Rest of the Soviet period in Omsk is expounded, the analysis of the existing territory of the Park is presented. It is revealed that the Park, being the largest public space in Omsk, does not meet the requirements of modern urbanism, although it represents a great potential for designing the space for the purpose of recreation of citizens. Performed functional zoning scheme of the territory of the Park in question, where its division into functional areas destined for active recreational users of the Park is presented, considered the interests of senior citizens, people with limited mobility, etc. Reconstruction of Parks of the Soviet period can provide the city with additional recreational opportunities, as well as increase its tourist attractiveness.

Protection of the Rights and Legitimate Interests of Entrepreneurs in Cases of Crimes in the Sphere of Economic Activity

2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  
Keyword(s):  
Economic Activity ◽  
Criminal Policy ◽  
Economic Activities ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Supreme Court ◽  
Analysis And Synthesis ◽  
Legitimate Interests ◽  
General Scientific

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.

The main types of penalties related to deprivation of liberty and their content under the Qatari Criminal Code (comparative legal analysis with certain norms of Russian legislation)

2020 ◽  
pp. 100-104
Author(s):  
Андрей Петрович Скиба ◽  
Андрей Владимирович Ковш ◽  
Александра Николаевна Мяханова
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Criminal Code ◽  
Legal Analysis ◽  
Life Imprisonment

В статье проводится сравнительно-правовой анализ ряда норм катарского уголовного законодательства, а также российского уголовного и уголовно-исполнительного законодательства. Рассматриваются виды наказаний, связанных с лишением свободы, и их содержание по Уголовному кодексу Катара. Дополнительно обращается внимание на систему и содержание отдельных наказаний (в виде смертной казни, пожизненного лишения свободы и лишения свободы на определенный срок). Формулируется авторская редакция статей 57-62 Уголовного кодекса Катара, касающихся системы основных видов наказаний и их содержания. The article provides a comparative legal analysis of a number of norms of Qatari criminal law, as well as Russian criminal and penal enforcement legislation. The types of punishments related to deprivation of liberty and their content under the Qatari Criminal code are considered. In addition, attention is drawn to the system of punishments, the content of individual punishments (in the form of the death penalty, life imprisonment and imprisonment for a certain period). The author's version of articles 57-62 of the Criminal Code of Qatar concerning the system of main types of punishments and their content is formulated.

scholarly journals [The Role of Abdul Hay Kurban Ali to The Development of Islam in Tokyo, Japan] Peranan Abdul Hay Kurban Ali Terhadap Perkembangan Islam di Tokyo, Jepun

2021 ◽  
Vol 22 (1) ◽  
pp. 119-128
Author(s):  
Siti Zulfa Palem Zainol ◽  
Izziah Suryani Mat Resad @ Arshad
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Education Institution ◽  
Russian Revolution ◽  
Historical Background ◽  
Muslim Community ◽  
Good Relationship ◽  
Huge Impact ◽  
Historical Methods

Abstract Abdul Hay Kurban Ali’s arrival in Japan in 1924 has a huge impact on the development of Islam and towards the Muslim community in Tokyo Japan. The migration of the Turkic Tatar Muslim to Japan resulting from the Russian Revolution un 1917 has cause several Islamic Associations to emerge in Japan. Abdul Hay Kurban Ali was the leader of one of this Islamic Association for the Muslim community representing the Turkic-Tatar Muslim in Japan under the name Mahalla Islamiya. With this, Abdul Hay Kurban Ali has carried the interests from each of the Islamic Association from the Muslim community in Japan to build education institution and mosque in Tokyo, Japan. As such, Abdul Hay Kurban Ali cooperate with Syeikh Abdul Rashid Ibrahim in creating good relationship between Turkey and Japan to ease the construction of education institution and mosque in Tokyo, Japan. This research is a qualitative research using the historical history design. This research used the documentation method through data collection that focus on sources under four themes which is historical background of Abdul Hay Kurban Ali, the arrival of Islam in Japan, the role of Da’wah by Abdul Hay Kurban Ali and his contributions in Tokyo, Japan. Meanwhile, the researcher use descriptive and historical methods in analysing the data and sources under the prescribed themes. The finding from the research showed that the four thematic analyses has given a clear and organized information. The role of Abdul Hay Kurban towards the development of Islam in Tokyo, Japan is very significant for the Da’wah aspect towards the Japanese community, the Islamic Association of the Muslim community and the construction of education institution and mosque. Keywords: Abdul Hay Kurban Ali, Muslim community, Turkey, Islam in Japan, mosque   Abstrak   Kedatangan Abdul Hay Kurban Ali ke Jepun pada tahun 1924 memberi kesan yang besar terhadap perkembangan Islam dan komuniti Muslim di Tokyo, Jepun. Penghijrahan komuniti Muslim Turki Tatar ke Jepun akibat revolusi Rusia pada tahun 1917 telah menyebabkan wujudnya beberapa persatuan-persatuan Islam di Jepun. Abdul Hay Kurban Ali telah mengetuai salah satu daripada persatuan komuniti Muslim bagi bangsa Turki-Tatar di Jepun, Mahalla Islamiya. Menerusi hal ini, Abdul Hay Kurban Ali telah membawa hasrat daripada setiap persatuan-persatuan komuniti Muslim di Jepun untuk membina institusi pendidikan dan masjid di Tokyo, Jepun. Oleh itu, Abdul Hay Kurban Ali bekerjasama dengan Syeikh Abdul Rashid Ibrahim untuk mengadakan hubungan baik bersama kerajaan Turki dan Jepun bagi memudahkan pembinaan institusi pendidikan dan masjid di Tokyo, Jepun. Kajian Ini merupakan kajian berbentuk kualitatif dengan menggunakan reka bentuk kajian sejarah. Kajian ini menggunakan metode dokumentasi melalui pengumpulan data dengan menfokuskan pada sumber-sumber yang berkaitan empat tema iaitu, sejarah latar belakang Abdul Hay Kurban Ali, kedatangan Islam di Jepun, peranan dakwah Abdul Hay Kurban Ali dan sumbangan beliau di Tokyo, Jepun. Manakala pengkaji menggunakan metode deskriptif dan metode sejarah untuk menganalisis data-data dan sumber-sumber menerusi tema yang ditetapkan. Dapatan kajian menunjukkan bahawa sumber-sumber menerusi empat tematik yang dikaji oleh pengkaji telah memberikan maklumat yang tersusun dan jelas. Peranan Abdul Hay Kurban Ali terhadap perkembangan Islam di Tokyo, Jepun amat besar jasanya dari aspek dakwah kepada komuniti Jepun, penyatuan persatuan-persatuan komuniti Muslim dan pembinaan institusi pendidikan dan masjid. Kata kunci: Abdul Hay Kurban Ali, Komuniti Muslim, Turki, Islam di Jepun, Masjid

scholarly journals Activities of the Ministry of Internal Affairs of the Ukrainian SSR on Combating Economic Crime in the Middle of 1950s

2021 ◽  
Vol 81 (2) ◽  
pp. 13-20
Author(s):  
V. A. Grechenko
Keyword(s):  
Criminal Policy ◽  
Economic Crime ◽  
Practical Significance ◽  
Political Regime ◽  
Historical Period ◽  
Legal Analysis ◽  
Legal Literature ◽  
Archival Documents ◽  
Internal Affairs ◽  
The Republic

The relevance of the research topic is due to theoretical and practical significance of the problems of combating economic crime in modern conditions. In this regard, the issue of the effectiveness of the modernized police in accordance with the new tasks is of great importance. The original experience of combating economic crime was gained in previous years, but especially specific in this case were the 1950s, when there was departure from Stalin’s criminal policy, when the liberalization of the political regime and economic reforms began. In general, the country had a new political and economic situation. Various perpetrators also tried to take advantage of this, so the fight against both criminal and economic crime continued to be relevant in the new conditions. This topic is not enough studied in the historical and legal literature. Economic crime has been studied in the article in the sense that it was exactly in the specified historical period. For the first time in the historical and legal literature we studied the activities of the police to combat economic crime in the middle of 1950s, demonstrated certain achievements and shortcomings in this work, its management by the Ministry of Internal Affairs of the Ukrainian SSR. The historical and legal analysis of the normative acts regulating the work of militia in the specified sphere has been carried out. New archival documents have been introduced into scientific circulation, which made it possible to expand and deepen the scientific understanding of police activities during this period, to give it greater objectivity and reliability. The main attention has been paid to the fight against economic crime by the Ministry of Internal Affairs of the Ukrainian SSR; the author has demonstrated the shortcomings observed by the Ministry in this work, the ways to overcome them. It has been emphasized that the analysis of these phenomena by the staff of the Ministry of Internal Affairs was not always in-depth; there were repetitions and superficial judgments. The data characterizing the state of economic crime in the Republic in 1954-1955 has been provided.

scholarly journals Purposes and Functions of Public Punishment in Roman Law in the Perspective of Justinian's Codification

2019 ◽  
pp. 21-37
Author(s):  
Krzysztof Amielańczyk
Keyword(s):  
Death Penalty ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Primary Objective ◽  
Roman Law ◽  
Discretionary Power ◽  
Judicial Decisions ◽  
Aulus Gellius ◽  
Seneca The Younger ◽  
Criminal Matters

The objectives and functions of the punishment for a public offence (crimen) had already been discussed by M. Tullius Cicero, Seneca the Younger, or Aulus Gellius many centuries before Emperor Justinian. According to their statements, the Romans distinguished in principle all the types of punitive functions known today: deterrence (special and general prevention), reprisal (retaliation), elimination (protection of society against the perpetrator), and even the rehabilitation (educative) function. The emergence of the imperial judiciary extra ordinem in criminal matters could have been conducive to performance of various functions assigned to various penalties, along with the possibilities offered by the discretionary power of judicial decisions. However, when reading Emperor Justinian’s Constitutio Tanta and the numerous accounts from the Roman jurists included in his codification, contained in Book 48 of the Digest, one may be convinced that the function of paramount importance for the emperor was to deter potential perpetrators by means of severe penalties, including notably the death penalty. The educational function was rather marginal. The primary objective of the imperial criminal policy was the ruthlessly severe punishing for criminal offences (severitas, atrocitas) and the implementation of the postulate of inevitability of criminal responsibility.

scholarly journals The Motive Of Crime In Foreign Law: A Comparative Legal Analysis

2019 ◽  
pp. 145-154
Author(s):  
Yu.V. Leka
Keyword(s):  
Legal Status ◽  
State Level ◽  
Minor Element ◽  
Legal Analysis ◽  
Foreign Countries ◽  
European Standards ◽  
Basic Approaches ◽  
A Minor ◽  
Criminal Legislation ◽  
Subjective Side

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.

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