scholarly journals The law about animal's protection from cruelty: historical and modern issues

2020 ◽  
Vol 11 (11) ◽  
pp. 350-354
Author(s):  
Panasiuk Alexsandra Аndreevna
Keyword(s):  
Criminal Liability ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Animal Cruelty ◽  
European Convention ◽  
International Transport ◽  
History Of ◽  
The 1960S ◽  
Animal Violence ◽  
Historical Past

The article deals with the protection of animals from ill-treatment, generalizes the scientific approaches of the historical and legal aspect of the formation and development of responsibility, conducts a comparative analysis of the present with the historical past. The legal regulation of criminal liability for animal cruelty is characterized. The sanctions and the list of legislation governing this issue are outlined. Solve issues in the area oj the institution of responsibility for animal cruelty is extremely important. In today`s world, animals are considered not only as property of a person, but also as family members. People call for human treatment of animals, both domestic and wild. In addition, humane treatment is usually understood as actions of a person not related to self-defense, causing pain, torment, suffering to the animal. Violence can also be inaction, such as leaving in danger or violating the conditions of keeping animals, leaving without care, and so on. The history of development and regulation of relevant issues deserves special attention. At the level of international law, the issue of liability for animal cruelty has been regulated since the 1960s. The European Community has adopted five main conventions: the European Convention for the Protection of Animals in International Transport (1968), the European Convention for the Protection of Animals kept on Farms (1976), the European Convention for the Protection of Animals intended for Slaughter ), the European Convention for the Protection of Vertebrate Animals Used for Experimental and Other Scientific Purposes (1986), the European Convention for the Protection of Pets (1987). Key words: The provisions of international legal acts have become the basis for the settlement of relevant issues in Ukraine as well.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

scholarly journals . Problems of legal regulation of combatinig terrorism and prevention of terrorist acts

2020 ◽  
Vol 2020 (2) ◽  
pp. 84-92
Author(s):  
Samofalov L.P. ◽  
◽  
Samofalov O.L. ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
European Convention ◽  
International Treaties ◽  
International Convention ◽  
Terrorist Financing ◽  
Terrorist Groups ◽  
The Law ◽  
Terrorist Acts

The article addresses to the study of problematic issues of legal regulation of combating terrorism and the prevention of terrorist acts. The current state of crime prevention by terrorist groups is comprehensively analyzed. It is established that the range of subjects of anti-terrorist activity is not provided by the current legislation and the corresponding shortcomings that arise during the combating terrorism. It is established that the legal basis for the fight against terrorism is the Constitution of Ukraine, the Criminal Code of Ukraine, the Law of Ukraine "On Combating Terrorism", other laws of Ukraine, the European Convention on the Suppression of Terrorism of 1977 year, the International Convention for the Suppression of Terrorist Bombings of 1997 year, the International Convention on the Fight against Terrorist Financing in 1999 year, other international treaties of Ukraine approved by the Verkhovna Rada of Ukraine, decrees of the President of Ukraine, resolutions and orders of the Cabinet of Ministers of Ukraine, as well as other regulations adopted to implement the laws of Ukraine. Among the normative legal acts regulating relations in the field of counter-terrorism, one of the prominent places has the Law of Ukraine "On Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime, Terrorist Financing and Financial Proliferation of Weapons of Mass Destruction" dated 14 October, 2014. It is proved that among the factors that negatively affect the effectiveness of the investigation of terrorist crimes, the leading place is taken by insufficiently balanced and unfounded state criminal law policy, which over the past few years has gradually lost its state character, becoming hostage to permanent political confrontation. There are many cases of unsystematic and scientifically unsubstantiated changes in certain provisions of the Criminal Code of Ukraine. Key words: terrorism, terrorist act, terrorist operation, crimes, subjects, criminal liability.

scholarly journals On certain aspects of compulsory measures of educational influence on minors

2021 ◽  
Vol 1 (11) ◽  
pp. 55-61
Author(s):  
E.S. RAKHMAEV ◽  
◽  
A.M. POTAPOV ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Educational Institutions ◽  
Existing Problems ◽  
Judicial Practice ◽  
Current State ◽  
Closed Type ◽  
History Of ◽  
State Body ◽  
Educational Influence

The humanization of criminal and penal policy at the present stage is especially clearly manifested in relation to minors, in particular, when they are released from criminal liability through the use of compulsory educational measures. The article examines the history of the formation of the analyzed legal institution, the step-by-step process of its development, draws conclusions about the current state, the number and content of educational measures, provides statistical data on their application, reveals the problems existing in this area. In particular there is an insignificant share of the use of educational measures by the courts, while maintaining a high proportion of juvenile crimes of small and medium gravity. It is stated that the existing judicial practice is due to the presence of gaps in the criminal legal regulation of the use of measures of educational influence, and their implementation is associated with the shortcomings of the legislation that determines the state policy in relation to children and adolescents. On the basis of an analysis of existing problems as well as an assessment of foreign experience in applying similar measures to minors options for their solution are proposed related to the adoption of certain regulatory legal acts or amendments to existing ones that determine the mechanism for implementing measures of educational influence; creation of a state body with appropriate competence; the expansion of the participation of public organizations in the context of the reduction of special educational institutions of a closed type.

scholarly journals Evolution of surrogate motherhood: legal aspect

2020 ◽  
pp. 41-46
Author(s):  
Yu.M. Yakushchenko
Keyword(s):  
Assisted Reproductive Technologies ◽  
Legal Aspect ◽  
Reproductive Technologies ◽  
Modern Method ◽  
Legal Regulation ◽  
Ancient Egypt ◽  
Surrogate Motherhood ◽  
Vitro Fertilization ◽  
History Of

The article deals with the study of the history of surrogate motherhood in the world, since the study of the origin of surrogacy and the history of its legal regulation will allow gaining greater insight into the legal nature of this phenomenon. The main periods of development of legislation in the field of surrogacy were analyzed and characterized, and the main problems were identified, as well as further ways of improvement. It is stated that this phenomenon is not new in the history of mankind. It was used in Ancient Egypt, Ancient Greece and Mesopotamia, and the first mentions can be found in the Old Testament. Attention is drawn to the fact that prior to the discovery of the in vitro fertilization method, there was only the traditional form of surrogate motherhood, which in most cases was governed by the rules of morality and customs prevailing at that time in a particular society. It is emphasized that the first references to the legal consolidation of this practice can be found in the Code of Hammurabi. It is stated that surrogacy as a modern method of assisted reproductive technologies has been used since 1985. It is argued that the active development of legislation in this field began after this year. The court cases were considered, which become decisive for the further formation of legislation on surrogacy. The article lists the main legal acts that regulated surrogate motherhood in Ukraine, those that are in force, and those that are invalid. It is concluded that gestational surrogacy as a method of assisted reproductive technology is becoming increasingly popular method for the treatment of infertility, and its legal regulation needs to be improved, especially at the level of international law.

A note on John Hawkins (1761–1841) and the Hawkins archive

2000 ◽  
Vol 27 (2) ◽  
pp. 261-268
Author(s):  
R. J. CLEEVELY
Keyword(s):  
Major Part ◽  
Reference Lists ◽  
The West ◽  
History Of ◽  
The 1960S

A note dealing with the history of the Hawkins Papers, including the material relating to John Hawkins (1761–1841) presented to the West Sussex Record Office in the 1960s, recently transferred to the Cornwall County Record Office, Truro, in order to be consolidated with the major part of the Hawkins archive held there. Reference lists to the correspondence of Sibthorp-Hawkins, Hawkins-Sibthorp, and Hawkins to his mother mentioned in The Flora Graeca story (Lack, 1999) are provided.

A history of botanical collections in the Luangwa Valley, Zambia

1998 ◽  
Vol 25 (2) ◽  
pp. 283-291
Author(s):  
P.S.M. PHIRI ◽  
D.M. MOORE
Keyword(s):  
Eighteenth Century ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Vascular Plants ◽  
Central Africa ◽  
Peak Activity ◽  
Historical Account ◽  
History Of ◽  
The 1960S ◽  
Made In

Central Africa remained botanically unknown to the outside world up to the end of the eighteenth century. This paper provides a historical account of plant explorations in the Luangwa Valley. The first plant specimens were collected in 1897 and the last serious botanical explorations were made in 1993. During this period there have been 58 plant collectors in the Luangwa Valley with peak activity recorded in the 1960s. In 1989 1,348 species of vascular plants were described in the Luangwa Valley. More botanical collecting is needed with a view to finding new plant taxa, and also to provide a satisfactory basis for applied disciplines such as ecology, phytogeography, conservation and environmental impact assessment.

Problems of establishment and development of the Institution of personal data protection in the Russian Federation: historical-legal aspect

2020 ◽  
pp. 28-35
Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich
Keyword(s):  
Russian Federation ◽  
Data Protection ◽  
Information Technologies ◽  
Legal Aspect ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Russian Society ◽  
Personal Data Protection ◽  
The Russian Federation

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.

Islands of Stability: Engaging Emergence from Cellular Automata to the Occupy Movement

2014 ◽  
Vol 5 (1) ◽  
Author(s):  
Andrew Pickering
Keyword(s):  
Decision Making ◽  
Cellular Automata ◽  
Black Box ◽  
Collective Decision ◽  
Collective Decision Making ◽  
Occupy Movement ◽  
History Of ◽  
The 1960S

"Instead of considering »being with« in terms of non-problematic, machine-like places, where reliable entities assemble in stable relationships, STS conjures up a world where the achievement of chancy stabilisations and synchronisations is local.We have to analyse how and where a certain regularity and predictability in the intersection of scientists and their instruments, say, or of human individuals and groups, is produced.The paper reviews models of emergence drawn from the history of cybernetics—the canonical »black box,« homeostats, and cellular automata—to enrich our imagination of the stabilisation process, and discusses the concept of »variety« as a way of clarifying its difficulty, with the antiuniversities of the 1960s and the Occupy movement as examples. Failures of »being with« are expectable. In conclusion, the paper reviews approaches to collective decision-making that reduce variety without imposing a neoliberal hierarchy. "

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