scholarly journals Problems of penalty execution in the form of deprivation of the right to free movement in Mongolia

2021 ◽  
Vol 3 (1) ◽  
pp. 31-34
Author(s):  
Galbadrakh Batbold ◽  
Zul-Ochir Sanzhaasuren
Keyword(s):  
Criminal Policy ◽  
Legal Reform ◽  
Free Movement ◽  
The Social ◽  
Criminal Penalties ◽  
The Right ◽  
Criminal Legislation

Mongolia's criminal policy after the legal reform is focused on the use of non-custodial criminal penalties. For this reason, there is a problem of understanding the social and legal content of these types of punishment. The analysis of the current criminal legislation and the practice of sentencing allowed the authors to draw certain conclusions about the problems of application and execution of punishment in the form of restrictions on the right to free movement.

The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan

2018 ◽  
Vol 9 (1) ◽  
pp. 147
Author(s):  
Meruyert MASSALIMKYZY
Keyword(s):  
Social Justice ◽  
Law Enforcement ◽  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Punishment ◽  
The Social ◽  
Penal Institution ◽  
The Republic ◽  
Feasible Solutions ◽  
Criminal Legislation

The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.

scholarly journals The goals of criminal punishment as a reflection of modern criminal policy

2020 ◽  
Vol 14 (3) ◽  
pp. 324-330
Author(s):  
V.V. Popov ◽  
◽  
S.M. Smolev ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Criminal Code ◽  
Practical Implementation ◽  
Criminal Punishment ◽  
The Social ◽  
The Russian Federation ◽  
Criminal Legislation

The presented study is devoted to the issues of disclosing the content of the goals of criminal punishment, analyzing the possibilities of their actual achievement in the practical implementation of criminal punishment, determining the political and legal significance of the goals of criminal punishment indicated in the criminal legislation. The purpose of punishment as a definition of criminal legislation was formed relatively recently, despite the fact that theories of criminal punishment and the purposes of its application began to form long before our era. These doctrinal teachings, in essence, boil down to defining two diametrically opposed goals of criminal punishment: retribution and prevention. The state, on the other hand, determines the priority of one or another goal of the punishment assigned for the commission of a crime. The criminal policy of Russia as a whole is focused on mitigating the criminal law impact on the offender. One of the manifestations of this direction is the officially declared humanization of the current criminal legislation of the Russian Federation. However, over the course of several years, the announced “humanization of criminal legislation” has followed the path of amending and supplementing the Criminal Code of the Russian Federation: introducing additional opportunities for exemption from criminal liability and punishment, reducing the limits of punishments specified in the sanctions of articles of the Special Part of the Criminal Code of the Russian Federation, and including in the system of criminal punishments of types of measures that do not imply isolation from society. At the same time the goals of criminal punishment are not legally revised, although the need for such a decision has already matured. Based on consideration of the opinions expressed in the scientific literature regarding the essence of those listed in Part 2 of Art. 43 of the Criminal Code of the Russian Federation, the goals of punishment are determined that each of them is subject to reasonable criticism in view of the abstract description or the impossibility of achieving in the process of law enforcement (criminal and penal) activities. This circumstance gives rise to the need to revise the content of the goals of criminal punishment and to determine one priority goal that meets the needs of modern Russian criminal policy. According to the results of the study the conclusion is substantiated that the only purpose of criminal punishment can be considered to ensure proportionality between the severity of the punishment imposed and the social danger (harmfulness) of the crime committed. This approach to determining the purpose of criminal punishment is fully consistent with the trends of modern criminal policy in Russia, since it does not allow the use of measures, the severity of which, in terms of the amount of deprivation and legal restrictions, clearly exceeds the social danger of the committed act. In addition, it is proportionality, not prevention, that underlies justice – one of the fundamental principles of criminal law.

scholarly journals Difficult way of the institution of criminal liability for attacks on the honor and dignity of the person, or problems of targeting

2021 ◽  
Vol 7 (2) ◽  
pp. 48-56
Author(s):  
T. V. Klenova
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Policy ◽  
Point Of View ◽  
Historical Method ◽  
Democratic State ◽  
The Individual ◽  
The Right ◽  
Criminal Legislation ◽  
The Impact

The article is devoted to the institution of criminal liability for attacks on the honor and dignity of the individual. The article, using the historical method, examines the stages of development of this institution and the features of protecting the honor and dignity of the individual from the point of view of the values of a modern democratic state. The author analyses the impact of explicit and implicit criminal policy objectives on the ways to protect the honor and dignity of the individual. Particular attention is paid to the criminalization and decriminalization of libel and slander. The research is aimed at identifying the problems of targeting in changes in the institution of criminal liability for attacks on honor and dignity, when the relevant criminal law norms are replaced by administrative law norms. The author seeks to depoliticize the protection of the personal right to honor and dignity on the basis of the principle of equality of citizens before the law. The current Russian criminal legislation is mainly aimed at protecting the honor and dignity of persons in connection with their social accessories. Within the protective concept of criminal law, the author of the article justifies the conclusion that the right of anyone who has suffered from slander or insult to achieve the truth and state censure of the perpetrator is guaranteed. Such a view will also be interesting to researchers of the criminal process.

scholarly journals Evolution of Norms on Punishment of Minors in Domestic Criminal Legislation

2021 ◽  
Vol 2 ◽  
pp. 7-10
Author(s):  
Ekaterina G. Arefinkina ◽  
Keyword(s):  
Social Economic ◽  
Criminal Policy ◽  
The State ◽  
Legal Norms ◽  
Political Situation ◽  
The Social ◽  
The Stability ◽  
Criminal Legislation ◽  
Further Development

Without understanding the historical realities of the evolution of native legislation, it is impossible to analyze the directions of its further development, since the stability of legal norms is checked mainly by the conditions of their genesis. The institution of juvenile punishment in its development has gone a long and difficult way. Its formation was closely related to the state of the social, economic and political situation in the country, as well as the tasks of criminal policy.

Settlement and the Right to Exclude

2020 ◽  
pp. 428-448
Author(s):  
Anna Stilz
Keyword(s):  
Settler Colonialism ◽  
Free Movement ◽  
The Social ◽  
Economic Practices ◽  
The World ◽  
The Right

A number of theorists have recently offered a freedom-based argument for the right to migrate. This chapter adopts this account and asks whether the right to global free movement can be reconciled with other people’s rights of territorial occupancy. Examining cases of settler colonialism, it argues for an important qualification to the right to global free movement, designed to protect native inhabitants’ ability to permanently reside on their territory, and to use it for the social, cultural, and economic practices they value. If it is to be justifiable, global free movement must allow for the permissible exclusion of colonial settlers. Yet who to count as a potential colonial settler is a tricky question. The chapter argues that it is wrong to settle in another country in cases where (1) one comes with a project of political domination or (2) one has an adequate territorial base in another part of the world and one’s migration to another region would severely harm the collective practices of people with occupancy rights there.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

Ukrainian migrant women’s social remittances: Contents and effects on families left behind

2013 ◽  
Vol 10 (1) ◽  
pp. 91-100 ◽  
Author(s):  
Francesca Alice Vianello
Keyword(s):  
Social Impact ◽  
Economic Education ◽  
Cultural Resources ◽  
Migrant Women ◽  
Social Remittances ◽  
Left Behind ◽  
Ethnographic Studies ◽  
Intergenerational Conflicts ◽  
The Social ◽  
The Right

This article examines different forms of Ukrainian migrant women’s social remittances, articulating some results of two ethnographic studies: one focused on the migration of Ukrainian women to Italy, and the other on the social impact of emigration in Ukraine. First, the paper illustrates the patterns of monetary remittance management, which will be defined as a specific form of social remittance, since they are practices shaped by systems of norms challenged by migration. In the second part, the article moves on to discuss other types of social remittances transferred by migrant women to their families left behind: the right of self-care and self-realisation; the recognition of alternative and more women-friendly life-course patterns; consumption styles and ideas on economic education. Therefore, I will explore the contents of social remittances, but also the gender and intergenerational conflicts that characterise these flows of cultural resources. 

Analytical Study of Violence Theme in Victoria Schwab’s This Savage Song

2019 ◽  
Keyword(s):  
Analytical Study ◽  
Research Paper ◽  
The Novel ◽  
Vicious Cycle ◽  
Aggressive Approach ◽  
Research Article ◽  
The People ◽  
The Social ◽  
Different Dimensions ◽  
The Right

This research article focuses on the theme of violence and its representation by the characters of the novel “This Savage Song” by Victoria Schwab. How violence is transmitted through genes to next generations and to what extent socio- psycho factors are involved in it, has also been discussed. Similarly, in what manner violent events and deeds by the parents affect the psychology of children and how it inculcates aggressive behaviour in their minds has been studied. What role is played by the parents in grooming the personality of children and ultimately their decisions to choose the right or wrong way has been argued. In the light of the theory of Judith Harris, this research paper highlights all the phenomena involved: How the social hierarchy controls the behaviour. In addition, the aggressive approach of the people in their lives has been analyzed in the light of the study of second theorist Thomas W Blume. As the novel is a unique representation of supernatural characters, the monsters, which are the products of some cruel deeds, this research paper brings out different dimensions of human sufferings with respect to these supernatural beings. Moreover, the researcher also discusses that, in what manner the curse of violence creates an inevitable vicious cycle of cruel monsters that makes the life of the characters turbulent and miserable.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

Main Forms of Propagandistic Activities of the Right-Wing Parties (1904–1914)

2020 ◽  
Vol 102 ◽  
pp. 656-676
Author(s):  
Igor V. Omeliyanchuk
Keyword(s):  
20Th Century ◽  
Social Groups ◽  
Right Wing ◽  
Periodical Press ◽  
Political Movement ◽  
The People ◽  
The Social ◽  
The Right ◽  
In The Beginning ◽  
The 19Th Century

The article examines the main forms and methods of agitation and propagandistic activities of monarchic parties in Russia in the beginning of the 20th century. Among them the author singles out such ones as periodical press, publication of books, brochures and flyers, organization of manifestations, religious processions, public prayers and funeral services, sending deputations to the monarch, organization of public lectures and readings for the people, as well as various philanthropic events. Using various forms of propagandistic activities the monarchists aspired to embrace all social groups and classes of the population in order to organize all-class and all-estate political movement in support of the autocracy. While they gained certain success in promoting their ideology, the Rights, nevertheless, lost to their adversaries from the radical opposition camp, as the monarchists constrained by their conservative ideology, could not promise immediate social and political changes to the population, and that fact was excessively used by their opponents. Moreover, the ideological paradigm of the Right camp expressed in the “Orthodoxy, Autocracy, Nationality” formula no longer agreed with the social and economic realities of Russia due to modernization processes that were underway in the country from the middle of the 19th century.

Sign in / Sign up

Export Citation Format

Share Document