scholarly journals Ensuring the personal security of prisoners in places of deprivation of liberty: some of the regulatory issues

2020 ◽  
Vol 2 (2) ◽  
pp. 107-111
Author(s):  
Dmitriy Sizov

In this article the author considers ensuring the personal security of a convicted person who is in prison as a necessary condition for full, comprehensive observance and enforcement of human and civil rights and freedoms. The author analyzes the concept of “personal security of convicts”, as well as examines the legal framework governing this activity. At present, issues of ensuring the personal safety of prisoners in places of deprivation of liberty are becoming increasingly relevant, since crime in institutions of the penal system is one of the most dangerous criminogenic factors. Currently, in places of isolation there is a risk of committing illegal acts on the part of the convicts themselves, as well as on the part of other persons who visit such institutions for various reasons. The author concludes that convicts’ security in correctional institutions is a multidimensional activity and contains many factors. Security in correctional institutions is provided by the employees with mandatory interaction with other law enforcement and government agencies. In order for the state, represented by institutions and bodies of the Federal Penitentiary Service of Russia, to perform its direct duty to ensure the safety of convicts, it is necessary: constant and enhanced supervision of these persons; strict observance by convicts of the established rules in correctional institutions, the procedure for applying incentives and penalties to them; conducting educational activities; transferring convicts to a safe place, etc. All these measures are aimed exclusively at ensuring human and civil rights and freedoms in places of detention, which in turn is an additional factor that has a positive impact on the development of the state and society.

2021 ◽  
Author(s):  
Kasey Hendricks

At their most basic level taxes carry, in the words of Schumpeter ([1918] 1991), “the thunder of history” (p. 101). They say something about the ever-changing structures of social, economic, and political life. Taxes offer a blueprint, in both symbolic and concrete terms, for uncovering the most fundamental arrangements in society – stratification included. The historical retellings captured within these data highlight the politics of taxation in Alabama from 1856 to 1901, including conflicts over whom money is expended upon as well as struggles over who carries their fair share of the tax burden. The selected timeline overlaps with the formation of five of six constitutions adopted in the State of Alabama, including 1861, 1865, 1868, 1875, and 1901. Having these years as the focal point makes for an especially meaningful case study, given how much these constitutional formations made the state a site for much political debate. These data contain 5,121 pages of periodicals from newspapers throughout the state, including: Alabama Sentinel, Alabama State Intelligencer, Alabama State Journal, Athens Herald, Daily Alabama Journal, Daily Confederation, Elyton Herald, Mobile Daily Tribune, Mobile Tribune, Mobile Weekly Tribune, Morning Herald, Nationalist, New Era, Observer, Tuscaloosa Observer, Tuskegee News, Universalist Herald, and Wilcox News and Pacificator. The contemporary relevance of these historical debates manifests in Alabama’s current constitution which was adopted in 1901. This constitution departs from well-established conventions of treating the document as a legal framework that specifies a general role of governance but is firm enough to protect the civil rights and liberties of the population. Instead, it stands more as a legislative document, or procedural straightjacket, that preempts through statutory material what regulatory action is possible by the state. These barriers included a refusal to establish a state board of education and enact a tax structure for local education in addition to debt and tax limitations that constrained government capacity more broadly. Prohibitive features like these are among the reasons that, by 2020, the 1901 Constitution has been amended nearly 1,000 times since its adoption. However, similar procedural barriers have been duplicated across the U.S. since (e.g., California’s Proposition 13 of 1978). Reference: Schumpeter, Joseph. [1918] 1991. “The Crisis of the Tax State.” Pp. 99-140 in The Economics and Sociology of Capitalism, edited by Richard Swedberg. Princeton University Press.


2019 ◽  
Vol 13 (1) ◽  
pp. 104-110 ◽  
Author(s):  
L. M. Kupriyanova

The sphere of scientific and technical activity in our country is one of the most difficult in terms of regulatory and legislative support. At the moment, the state has not fully taken the steps necessary to transform scientific and technical activities into a full-fledged branch of the national economy. Indeed, the state is obliged to pay attention to scientific and technical activities, to create a legal framework that promotes the commercialisation of research and development results. Today, Russian organisations face problems related to the need to determine further ways of business development in the conditions of a significant reduction in export potential and increased competition in the domestic market. The successful solution of these problems, as well as ensuring the necessary level of competitiveness of products is impossible without the formation of a socially-oriented innovative development model based on the use of modern methods of management of innovative processes. One of the main instruments of formation of strategic potential of each enterprise (organisation) becomes introduction in the economic circulation of the saved-up scientific and technical potential, new technologies and knowledge. In this regard, the problems of involvement of intellectual property (IP) in the economic turnover of enterprises, its objective assessment, regulation of legal relations between the participants of innovations, registration and conclusion of license agreements are of particular relevance and require urgent solutions.  This article is aimed at research of scientific and practical bases of management of processes of commercialisation of IP in the conditions of market model of development. The purpose of the study is to substantiate and develop scientific and practical bases of management of IP commercialisation processes, which is a necessary condition for the transition to an innovative model of its development and competitiveness in market conditions.


2018 ◽  
Vol 1 (1) ◽  
pp. 39-68
Author(s):  
Rinitami Njatrijani

Abstract Traditional Cultural Expressions (TCE) is all the intangible cultural heritage, developed by local communities, collectively or individually in a non-systemic manner and that are inserted in the cultural and spiritual traditions of the communities. The catagories of TK and TCE ... “expressions of folklore in the form of  tekstual fonetic or verbal, music, dances, theater, fine art, ritual ceremony”. The legal framework of TCE in Indonesia that can be implemented as contained in the 1945 Constitution of the Republic of Indonesia (Fourth Amendment) Article 32 (1), Article 38 and 39 on Copyright Law Number 28 Year 2014 on Copyright, Law Number 5 Year 2017 on Futherance Culture, Presidential Regulation No.78 Year 2007 on the Convention on Protection of Intangible Cultural Heritage), Permendikbud N0.106 of 2013 on Intangible Cultural Heritage of Indonesia. Further provisions by the state are required to immediately ratify the Traditional Knowledge Bill and EBT into a separate law in Indonesia  Defensive protection TCEin Blora community is urgent to be protected as a whole so as not to be abused by others. The process of recording, stipulating, proposing to the Indonesian Conservation Heritage Agency on ICH Unesco's list is the final process of digital documentation in the database of intangible cultural heritage as official data of the state which has a positive impact on the welfare of its supporting community. This research indicates that there are only 16 cultural works for the community in Blora Regency that have been designated as Indonesian Culture Heritage / Intangible Cultural Heritage in accordance with UNESCO Convention Year 2003. While there are still many cultural works that need to be prioritized for immediate recording for next year. (Barong, batik motif etc). Keywords : Defensive Protection, Traditional  Cultural Expressions (Tce), Misappropriation, Digital Document. Abstrak TCE/Ekspresi budaya tradisional (EBT) adalah semua warisan budaya tak benda, yang dikembangkan oleh masyarakat lokal, secara kolektif atau individual dengan cara yang tidak sistemik dan disisipkan dalam tradisi budaya dan spiritual masyarakat. Kategori warisan budaya tak benda meliputi tradisi lisan, seni pertunjukkan, praktek-praktek sosial, ritual, perayaan-perayaan, pengetahuan dan praktek mengenai alam dan semesta atau pengetahuan dan ketrampilan untuk menghasilkan kerajinan tradisional. Kerangka hukum EBT di Indonesia  yang dapat diimplementasikn sebagaimana terdapat  dalam UUD RI Tahun 1945 (Amandemen ke empat) Pasal 32(1), Pasal 38 dan 39 tentang Undang-undang Hak Cipta Nomor 28 Tahun 2014 tentang Hak Cipta, Undang-Undang Nomor 5 Tahun 2017 tentang Undang- Undang Pemajuan Kebudayaan yang lahir dalam rangka melindungi, memanfaatkan dan mengembangkan kebudayaan Indonesia, Perpres RI No.78 Tahun 2007 tentang Konvensi Perlindungan Warisan Budaya Takbenda), Permendikbud N0.106 Tahun 2013 tentang Warisan Budaya Takbenda Indonesia. Diperlukan ketentuan lebih lanjut oleh negara untuk segera mengesahkan RUU Pengetahuan Tradisional dan EBT menjadi Undang-Undang tersendiri di Indonesia.Perlindungan defensif EBT di masyarakat Kabupaten Blora sangat mendesak untuk dilindungi secara keseluruhan agar tidak disalahgunakan oleh pihak lain. Proses pencatatan, penetapan,  pengusulanke Badan Warisan Budaya Takbenda Indonesia dalam  daftar ICH Unesco merupakanproses akhir dokumentasi secara digital dalam database warisan budaya takbenda  sebagai data resmi negara yang memberikan dampak positif bagi kesejahteraan masyarakat pendukungnya.Penelitian ini menunjukkan bahwa baru ada 16 karya budaya bagi masyarakat di Kabupaten  Blora yang telah ditetapkan sebagai Warisan Budaya Tak Benda Indonesia/Intangible Cultural Heritagesesuai Konvensi UNESCO Tahun 2003.Sementara masih banyak karya-karya budaya yang perlu diprioritaskan untuk segera dilakukan pencatatan untuk tahun-tahun mendatang.(Barong, motif batik dll). Kata Kunci: Perlindungan Defensif, Ekspresi Budaya Tradisional (EBT), Penyalahgunaan,  Dokumen Digital.


2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Irina Levchenko

The article reflects the historical features of the process of emergence and establishment of national human rights institutions (NHRIs). Performing human rights functions by non-governmental bodies and organizations is of great importance for progressive development of the civil society and the state. Human rights are a limitation of political power and act as a means of monitoring its implementation. The author investigates both foreign and domestic experience of development and performance of NHRIs. Attention is drawn to the activities of ombudsmen in modern countries related to due course of law and the strengthening of the legal framework in the activities of the executive, extrajudicial control. Analysis of the NHRI performance allows to reveal their common and specific features. The NHGIs are an important additional (subsidiary) mechanism of legal support, not substituting but acting along with the parliamentary, judicial, administrative and other forms of control existing in the state. Their main task is to protect the rights of citizens. The article carries out a comparative analysis of the regulatory and legal support of the NHRIs, notes the need for international cooperation and exchange of experience. It makes a conclusion that legislative support of the NHRI performance contributes to the development of democratic processes related to the implementation of human and civil rights and freedoms.


10.12737/6630 ◽  
2014 ◽  
Vol 3 (6) ◽  
pp. 3-11
Author(s):  
Тарасова ◽  
Natalya Tarasova ◽  
Макарова ◽  
A. Makarova ◽  
Аткиссон ◽  
...  

In this article we have analyzed the system of chemicals management in Russia. We have used the TSIS (“Trends & Indicators, Systems, Innovation, Strategy”) method as a tool for the analysis of the current state and for the elaboration of the concept of sustainable management of chemicals in Russia. The analysis showed that sustainable management of chemicals in Russia today might most effectively consist of: • The creation of the legal framework, including legislative support for many existing best practices; • Involvement of chemicals businesses and the general public in the process of promoting management, including creation of a culture of consumption and production of sustainable chemicals; • In addition to the state regulation, the implementation of business initiatives and the tools of self-regulation for business. We have found out that the organization of sustainable management of chemicals in Russia will require changes in chemical production (including internalizing the expenses now externalized to nature) and the consumption chains. The time to act is now, otherwise the planned growth in the production and consumption of chemicals is very likely to lead to catastrophic consequences both for the nature and for the human health. For the most part, best practices in sustainable management of chemicals (practices that could have a positive impact on the situation) are known in Russia. However, their effectiveness is low. The situation reflects the absence of a Russian legal framework on chemicals safety, and the current low motivation of business to adopt the best practices in the absence of clear signals from the state that it should be so. In order to create the system of sustainable management of chemicals, the state authorities should not only use the state regulation, but also actively promote and develop business initiatives and involve the society.


2016 ◽  
Vol 93 (2) ◽  
pp. 4-16
Author(s):  
Brian Kovalesky

In the late 1950s and early 1960s, during the height of protests and actions by civil rights activists around de facto school segregation in the Los Angeles area, the residents of a group of small cities just southeast of the City of Los Angeles fought to break away from the Los Angeles City Schools and create a new, independent school district—one that would help preserve racially segregated schools in the area. The “Four Cities” coalition was comprised of residents of the majority white, working-class cities of Vernon, Maywood, Huntington Park, and Bell—all of which had joined the Los Angeles City Schools in the 1920s and 1930s rather than continue to operate local districts. The coalition later expanded to include residents of the cities of South Gate, Cudahy, and some unincorporated areas of Los Angeles County, although Vernon was eventually excluded. The Four Cities coalition petitioned for the new district in response to a planned merger of the Los Angeles City Schools—until this time comprised of separate elementary and high school districts—into the Los Angeles Unified School District (LAUSD). The coalition's strategy was to utilize a provision of the district unification process that allowed citizens to petition for reconfiguration or redrawing of boundaries. Unification was encouraged by the California State Board of Education and legislature in order to combine the administrative functions of separate primary and secondary school districts—the dominant model up to this time—to better serve the state's rapidly growing population of children and their educational needs, and was being deliberated in communities across the state and throughout Los Angeles County. The debates at the time over school district unification in the Greater Los Angeles area, like the one over the Four Cities proposal, were inextricably tied to larger issues, such as taxation, control of community institutions, the size and role of state and county government, and racial segregation. At the same time that civil rights activists in the area and the state government alike were articulating a vision of public schools that was more inclusive and demanded larger-scale, consolidated administration, the unification process reveals an often-overlooked grassroots activism among residents of the majority white, working-class cities surrounding Los Angeles that put forward a vision of exclusionary, smaller-scale school districts based on notions of local control and what they termed “community identity.”


Author(s):  
Olena Pikaliuk ◽  
◽  
Dmitry Kovalenko ◽  

One of the main criteria for economic development is the size of the public debt and its dynamics. The article considers the impact of public debt on the financial security of Ukraine. The views of scientists on the essence of public debt and financial security of the state are substantiated. An analysis of the dynamics and structure of public debt of Ukraine for 2014-2019. It is proved that one of the main criteria for economic development is the size of public debt and its dynamics. State budget deficit, attracting and using loans to cover it have led to the formation and significant growth of public debt in Ukraine. The volume of public debt indicates an increase in the debt security of the state, which is a component of financial security. Therefore, the issue of the impact of public debt on the financial security of Ukraine is becoming increasingly relevant. The constant growth and large amounts of debt make it necessary to study it, which will have a positive impact on economic processes that will ensure the stability of the financial system and enhance its security.


2020 ◽  
pp. 72-82
Author(s):  
I.L. Kapylou

The article describes the achievements and determines the prospects for the standardization of Belarusian onyms: it examines the problems associated with the establishment of official written forms of toponyms, the creation of normative onomastic reference books, the functioning of onyms in the situation of the state Belarusian-Russian bilingualism in Belarus, the transliteration of foreign names into the Belarusian language, the preparation of a legal framework and development of a program for proper names romanization.


Author(s):  
Aleksey Bredikhin ◽  
Andrei Udaltsov

In the article the authors analyze the essence of propaganda as a means of implementing ideological function of the state. It is noted that propaganda is a mechanism of spreading information persuasive influence in the interpretation and estimation of state power representatives. The structure of propaganda is determined: beneficiary of propaganda, subjects of propaganda, content of propaganda, channels of realization of propaganda, addressee of propaganda, feedback system. Types of propaganda are distinguished: political, axiological, educational, preventive. The authors come to the conclusion that the basic directions and the propaganda content are established in normative acts and the programs and organizational actions accepted according to them. Along with the implementation of propaganda, the ideological function is implemented by prohibiting or restricting propaganda or other dissemination of information that endangers the foundations of the constitutional order and is otherwise aimed at destabilizing the political situation in the State, as well as prohibiting the propaganda of ideas that may harm the foundations of morality and morality. The mass media are essential in carrying out propaganda. The State widely uses this resource on an equal footing with other actors to disseminate ideas of public importance and uses the services of various communication agencies. However, the state forms a legal framework for the mass media, their rights and limitations, which still determines the special position of the state in this process.


2020 ◽  
Vol 3 ◽  
pp. 88-93
Author(s):  
K.N. Golikov ◽  

The subject of this article is the problems of the nature, essence and purpose of prosecutorial activity. The purpose of the article is to study and justify the role of the human rights function in prosecutorial activities in the concept of a modern legal state. At the heart of prosecutorial activity is the implementation of the main function of the Prosecutor’s office – its rights and freedoms, their protection. This means that any type (branch) of Prosecutor's supervision is permeated with human rights content in relation to a citizen, society, or the state. This is confirmed by the fact that the Federal law “On the Prosecutor's office of the Russian Federation” establishes an independent type of Prosecutor's supervision-supervision over the observance of human and civil rights and freedoms. It is argued that the legislation enshrines the human rights activities of the Prosecutor's office as its most important function. It is proposed to add this to the Law “On the Prosecutor's office of the Russian Federation”.


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