scholarly journals Counteracting illegal border crossing and human trafficking: comparative analysis

2021 ◽  
Vol 10 (42) ◽  
pp. 196-205
Author(s):  
Dmytro Pryimachenko ◽  
Andriy Ivanskyy ◽  
Vladyslav Lipynskyi ◽  
Oleksii Matvieiev ◽  
Artem Povoroznik

Freedom of expression, personal integrity, respect for honor and dignity, the right to an adequate standard of living, living conditions, and health care are among the fundamental human rights in the civilized world. Ignoring these opportunities in such criminal activities as human trafficking is an unacceptable phenomenon for today's reality. Yet, it exists. It is a challenge for researchers in various humanities, for policy- and decision-makers to create a system of effective counteraction to the violation of the inviolability of state borders and the fight against human trafficking. In this study, we focused on the relationship between the illegal border crossing and the analysis of the phenomenon of trafficking in persons, as well as their comparative characteristics and legislation to combat these phenomena. The subject of the study is public relations regarding illegal border crossing and human trafficking. Research methods are general scientific and special scientific methods, in particular, systemic, historical, comparative, and statistical. The study characterized the genesis of international regulation of combating trafficking in persons; found commonalities and differences between the phenomena of illegal border crossing and trafficking in persons; described the signs of trafficking in persons, particularly, as a crime; provided relevant legislation regarding illegal border crossing and human trafficking.

Author(s):  
Marina M. Sodnompilova ◽  

The article aims to study the information context of the body signs and the perception of this information by Inner Asian nomads in terms of man and nature interaction. Methods. The research is based on general scientific methods and particular methods of historical science, such as the historical-comparative research method and the method of cultural-historical reconstruction. Materials. In terms of studies of humans as social and biological beings, it is relevant to examine the human body in the system of traditional somatic representations of the Turkic-Mongolian peoples of Inner Asia. In their worldview, the human body represents a specialized “map” of messages of a physiological nature, where organs and body parts were seen as symmetrical and their messages were perceived as negative or positive, depending on location on the left or on the right. Of relevance was also whether the sign came from the upper or lower part of a particular organ. Special attention was paid to the “movements” of the liver and the heart. Conclusions. The study shows that the world that surrounds a person appeared as a complex multidimensional information space, with sensory information playing an important part in its perception. This information was not limited to images created by the senses. In fact, the entire body, including internal organs, was perceived as such a conductor, with various manifestations of a physiological nature, such as trembling, noises, itching, and pains serving as “messages”. Individuals that had special body sensitivity were described as those of “open flesh” or of “light bones”; these were usually the only child in the family or one of the twins.


Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


Author(s):  
Elena A. Larina

The study reveals some of the phenomenon of legal force features, which is an integral element of regulatory legal acts, as well as contracts, electronic documents that act as regulators of public relations. The purpose is to determine the methodological approaches with the help of which it is pos-sible to study this phenomenon more fully, as well as to identify the short-comings of the existing approaches. The dialectical-materialistic method, general scientific methods, special legal methods are used as methods. In the course of the research, we turn to such methodological approaches as histori-cal, logical, hermeneutic, comparative, systemic, synergistic, humanistic, cy-bernetic, structural, functional. A brief description of them is given (the fea-tures are determined, the views of legal scholars on these methodological ap-proaches and the applicability of such approaches in relation to the study of the phenomenon of legal force are reflected). We come to the conclusion about the insufficiency of the currently existing research methodological ap-proaches in relation to the category of “legal force” and determine some prospects for the development of this topic. We prove that methodological approaches allow us to study not only the features of the category of “legal force” (classification, purpose, etc.), but also the specifics of acts, documents, the process of their adoption, application.


2015 ◽  
Vol 1 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Ольга Муратова ◽  
Olga Muratova

The article covers the question of the enforcement of acts of “soft” law — unformal sources of regulation of public relations. It is pointed in the article, that though acts of “soft” law are not the sources of law in traditional understanding, such acts are important practical regulators of private-law relations. The author gives the common characteristic of acts of “soft” law, makes comparative analyses with legal acts. Although the most attention in the article is paid to the legal effect of the enforcement of acts of “soft” law, first of all, from the view of regulation of private-law relations. While preparing the article the complex of methods was used, which lay on the basis of systematical and dialectical concepts. The main conclusion of the issue is the acknowledgement of the fact of the exercising of influence by the acts of “soft” law on regulation of private-law relations. This article is based on a combination of methods of cognition, which amounted to a systematic and dialectical approach. The author appeals to the general scientific methods (analysis, synthesis, induction, deduction) and to the specially-legal methods of learning: formal-legal, comparative legal, structural and functional.


2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.


2020 ◽  
Vol 24 (3) ◽  
pp. 547-571
Author(s):  
Andrey V. Skorobogatov ◽  
Alexandr V. Krasnov

The article explores the legal nature of law principles from the perspective of philosophical and legal analysis. The purpose of the article is to form scientifically based knowledge on the philosophical and legal nature of the category law principle using postclassical methodological tools. Research Methods: The methodology of the article is based on the postclassical scientific rationality. The authors use an integrative approach to the study of legal reality in combination with a phenomenological and synergetic methodology, thereby using a number of general scientific and special scientific methods in a particular logical system, which makes it possible to study law principles both ontologically, in terms of their role in law in general, and epistemologically as well as axiologically. Moreover, the content, functioning and development of law principles are considered phenomenologically, as well as in the context of law communication. Results: The law principle in the ontological aspect is a fundamental form of law, reflecting the most significant ideas concerning regulation of public relations; the law principle is used as a direct regulator along with the rule of law. The epistemological law principle can be interpreted as a generalizing category, reflecting interpretation and assessment of legal reality from the standpoint of postclassical methodology. From an axiological point of view, the law principle embodies the law and social values and traditions that are dominant within the framework of a given socio-cultural chronotope, and is also used as one of the fundamental tools for constructing legal reality and its development. Conclusions: the law nature of law principles is determined with the account of postclassical methodology onto-logically, epistemologically and axiologically, in terms of their dual role in formation, development and construction of legal reality at all of its levels, in the context of both objective and subjective factors. The findings can be applied in drawing up concepts of legal and judicial reforms in terms of targeted construction of legal reality, as well as in the process of predicting the development of the Russian legal system.


2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.


2018 ◽  
Vol 2 (3) ◽  
pp. 72-77
Author(s):  
A. Algazina

The subject. The paper is devoted to the main trends of the Russian customs law at the present stage.The purpose of the paper is to determine the place of customs law in the system of Russian law and to identify the features of its impact on the development of integration within the EAEU.The methodological basis for the study: general scientific methods (analysis, synthesis, com-parison, description); private and academic (interpretation, formal-legal).Results, scope. Despite all the variety of social relations that make up the subject of customs law, their core is the relationship associated with the management of customs authorities, regulated by the rules of administrative law. In this regard, the allocation of customs law as an independent branch of law, in our opinion, is premature.Further development of integration within the EAEU has necessitated the development and adoption of a new codified legal act regulating public relations in the field of customs.Analysis of the provisions of the customs code of the EAEU revealed the following innovations, confirming the thesis on the simplification of regulation in the sphere of customs affairs:– reduction of terms of performance of separate customs operations;– priority of electronic Declaration form;– improvement of the Institute of customs control;– further development of the Institute of authorized economic operators.Conclusions. Customs law is a sub-branch of administrative law at present. A natural con-sequence of the integration processes is the transformation of the domestic customs law into an alloy of international law, integration law (acts of the EAEU) and national law.


2018 ◽  
Vol 4 ◽  
pp. 43-47
Author(s):  
Ksenia A. Ivanova ◽  

Purpose. The purpose of the scientific article is to study the modern information society, as well as to consider the conditions for the development of global information and communication networks, the global information exchange system. The author has studied the current legal regulation of freedom of speech to achieve this goal. Methodology. The article applies general scientific methods of system analysis and synthesis, as well as private scientific methods: comparative, sociological. The use of methods of analysis and synthesis will determine the key scientific concepts for research. In addition, an institutional research method will be used. On its basis, in particular, the originality of the forms of regulation of the right to freedom of opinion has been revealed; specificity of regulation of restrictions of this right. The article concludes that the existing regulation does not correspond to the level of development of public relations. The fact that there are no legal instruments that can prevent the falsification of information in the media indicates that there are problems in ensuring the right of citizens to freedom of expression in cyberspace, which ensures the relevance of the study. Scientific and practical significance. Within the framework of the research, a complex scientific theoretical and legal analysis of the constitutional and legal category “the right of citizens to freedom of opinion” in cyberspace was carried out; a comparison of Russian and foreign legislation. Results. It was suggested that the concept of the right to freedom of opinion in cyberspace be structured into separate elements. Following the logic of the proposed classification, the author proposes the main directions of improving the legal regulation of this right. The significance of the study is made by proposals to improve Russian legislation in the sphere of securing the right of citizens to freedom of opinion, as well as further development of mechanisms for the realization of this right in cyberspace.


2019 ◽  
Vol 6 (11-12) ◽  
pp. 5-12
Author(s):  
Y. V. Gavrilechko

The article defines the essence and features of the system of marketing communications (SMC) of the subjects of public administration. It is proposed to introduce this concept as a complex of interpersonal dialogue communications in small groups, public, organizational and mass communications, which is an element of the system of public administration and provides communication of subjects of management with their target audiences.The author justifies the classification of marketing communications in public administration. Among the main classification criteria of distribution are the following: type of communication subjects, communication goals and types of media marketing communications.The basic principles of formation of information flows in the system of public administration are determined. The main of them recognized: openness of state information; guarantee of the right to receive information; openness and accessibility of information, freedom of information exchange; authenticity and completeness of information; guarantee of freedom of expression and beliefs; the lawfulness of receiving, using, storing, distributing and protecting information, etc.The article identifies the most important reasons for the ineffective information and communicative policy of government departments. Among them: organizational; historical; resource and personnel-professional.The author substantiates the directions of improvement of the system of marketing communications of the subjects of state administration and raising the level of its efficiency. It is determined that for today, public relations, direct marketing, sales promotion and public advertising should be considered among the main means of SMC. Practice shows that at present the most effective element of SMC of public administration is public relations. First of all, this is explained by the fact that they contribute to the formation and development of well-developed and effective mechanisms of social feedback and their priorities.


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