scholarly journals The person of the criminal that committed a criminal offence in the field of inviolability of State Border of Ukraine

2021 ◽  
Vol 10 (43) ◽  
pp. 32-40
Author(s):  
Yaroslav Kushnir ◽  
Mykola Hutsuliak
Keyword(s):  
Research Methods ◽  
Low Income ◽  
Comparative Method ◽  
Common Law ◽  
Criminal Offence ◽  
Criminal Offense ◽  
Order Of Entry ◽  
National Courts ◽  
Legal Method ◽  
Occupied Territory

The purpose of our study is to form a typical criminological profile of a person who has committed a criminal offense in the field of protection of the State Border of Ukraine. Based on the detailed study of the sentences issued by the national courts of Ukraine during 2015-2020 concerning such persons, a typical criminological profile of the person was formulated. Thus, the typical criminological profile is a male (95.7%), a citizen of Ukraine (89%), Ukrainian by nationality (82.6%), married or living in common-law marriage (69.6%), with low income (67.4%). Not previously convicted (87%), committed the crime to obtain additional funds (86.9%), admits guilt in full, repents, contributes to the disclosure of the crime (84.8%). Specialized research methods are applied. The comparative method is used to compare the characteristics of the offender, who violated the order of entry into and exit from the temporarily occupied territory of Ukraine and other crimes that encroached on border security. The logical-legal method is used to form logical, systematic, and consistent conclusions. The study is based on research of 38 sentences imposed on 46 people. The data obtained allowed us to interpret them as a characteristic of the offender.

scholarly journals Putusan Tentang Pemidanaan Terhadap Pelaku Tindak Pidana Penadahan

2021 ◽  
Vol 1 (1) ◽  
pp. 68-78
Author(s):  
Listiana Listiana ◽  
Elly Sudarti
Keyword(s):  
Research Methods ◽  
Deterrent Effect ◽  
Criminal Offence ◽  
Criminal Offense ◽  
Criminal Sanctions ◽  
The Law ◽  
One Year

ABSTRAK Artikel ini bertujuan untuk mengetahui dan menganalisis putusan dalam tindak pidana penadahan. Penelitian ini menggunakan metode penelitian yuridis normatif.  Keputusan Pengadilan Negeri Sarolangun menunjukkan dalam penjatuhan pidana, hakim belum menerapkan ketentuan sanksi pidana yang terdapat dalam Undang-Undang secara maksimal. Hal ini dapat dilihat dari pemidanaan yang dijatuhkan terhadap pelaku penadahan kurang dari 1 (satu) tahun penjara, sementara ancaman maksimal dari tindak pidana penadahan adalah 4 (empat) tahun penjara. Hal ini mengakibatkan pemidanaan tidak akan memberikan efek jera bagi pelaku. ABSTRACT This article aims to find out and analyze the verdict of criminal offence. The research methods is normative research. The Sarolangun District Court's decision shows that in a criminal sentence, the judge did not apply the provisions of criminal sanctions contained in the law to the maximum. This can be seen from the punishment imposed on perpetrators of detention of less than 1 (one) year in prison, while the maximum threat of criminal offense is  4 (four) years in prison. This resulted in the punishment will not give a deterrent effect for the offender.

scholarly journals COVID 19-RELATED STIGMATIZATION: A HUMAN RIGHTS-BASED APPROACH

2021 ◽  
Vol 74 (11) ◽  
pp. 2972-2977
Author(s):  
Serhiy S. Vitvitskyi ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko
Keyword(s):  
Human Rights ◽  
Comparative Method ◽  
Federal Courts ◽  
Social Consequences ◽  
Court Decisions ◽  
National Courts ◽  
Legal Method ◽  
European Court ◽  
Scientific Papers ◽  
Human Rights Based Approach

The aim: The article attempts to analyze what are legal responses to such Covid-19 related challenge like stigmatization. Materials and methods: Given the specifics of the topic and goals, during the writing of the article were used methods of terminological research of the phenomena “stigma”, “stigmatization”, comparative method, formal-legal method (in the study of international documents). The following materials were used to reveal the topic: scientific papers (articles, book chapters, analytical materials, reports, etc.), international legal acts, court decisions (decisions of the European Court of Human Rights, decisions of the US Supreme Court, decisions of national courts of different countries). Conclusions: More than a year after the spread start of Covid-19, it has become clear that in addition to the extremely catastrophic impact on human health and life, the pandemic, as well as the resulting quarantine restrictions, have profound and sometimes radical social consequences. Stigmatization of based on their infection with Covid-19 (including possible) has become one of these. The current international human rights framework allows for the assessment of such processes according to its standards. Implications of dignity and privacy as the highest social values pave the way to finding legal mechanisms to protect people who are carriers of a disease from being stigmatized. This is demonstrated by the legal justifications developed by the courts – the ECtHR as supranational and national Supreme and federal courts, which have been the subject of analysis within this article.

National Legislatures

2018 ◽  
Author(s):  
Kevin L. Cope ◽  
Hooman Movassagh
Keyword(s):  
International Law ◽  
Common Law ◽  
Court Decisions ◽  
Domestic Court ◽  
Comparative Analyses ◽  
Judicial Decisions ◽  
National Courts ◽  
Legislative Branch ◽  
National Legislatures

One critique of some common-law comparative legal academies is their intensively “court-centric” focus, which, some believe, “marginalize[s]” the role of the legislative branch. The same may be said of the extant comparative international law literature: most of it concerns the interpretive approaches of national courts. In fact, one of the field’s seminal pieces characterizes comparative international law as involving “comparative analyses of various domestic court decisions.” Not surprisingly, then, nearly all of this volume’s contributions deal mostly or exclusively with courts and judicial decisions. We agree that courts can play a large part in diversifying how international law works across different systems, but we contend that the foundation of the comparative international law project lies elsewhere. We argue that among the most important and underappreciated interpretative acts—and therefore, those currently most needing study—are the international law interpretations of national legislatures.

scholarly journals “You run out of hope:” An Exploration of Low-Income Parents’ Experiences with Food Insecurity using Photovoice

2021 ◽  
pp. 1-21
Author(s):  
Payge Lindow ◽  
Irene H. Yen ◽  
Mingyu Xiao ◽  
Cindy W. Leung
Keyword(s):  
Food Insecurity ◽  
San Francisco ◽  
Low Income ◽  
Eating Behaviors ◽  
Comparative Method ◽  
Well Being ◽  
Structured Interviews ◽  
Unhealthy Eating ◽  
Low Income Families ◽  
The Impact

ABSTRACT Objective: Using an adaption of the Photovoice method, this study explored how food insecurity affected parents’ ability to provide food for their family, their strategies for managing household food insecurity, and the impact of food insecurity on their well-being. Design: Parents submitted photos around their families’ experiences with food insecurity. Afterwards, they completed in-depth, semi-structured interviews about their photos. The interviews were transcribed and analyzed for thematic content using the constant comparative method. Setting: San Francisco Bay Area, California, USA. Subjects: 17 parents (14 mothers and 3 fathers) were recruited from a broader qualitative study on understanding the experiences of food insecurity in low-income families. Results: Four themes were identified from the parents’ photos and interviews. First, parents described multiple aspects of their food environment that promoted unhealthy eating behaviors. Second, parents shared strategies they employed to acquire food with limited resources. Third, parents expressed feelings of shame, guilt, and distress resulting from their experience of food insecurity. And finally, parents described treating their children to special foods to cultivate a sense of normalcy. Conclusions: Parents highlighted the external contributors and internal struggles of their experiences of food insecurity. Additional research to understand the experiences of the food-insecure families may help to improve nutrition interventions targeting this structurally vulnerable population.

Psycho-social factors associated with maternal neonaticide

2017 ◽  
Vol 41 (S1) ◽  
pp. S583-S583
Author(s):  
T. Amirejibi
Keyword(s):  
Low Income ◽  
Rural Areas ◽  
Extended Family ◽  
The Body ◽  
Criminal Offense ◽  
Factors Associated ◽  
Competing Interest ◽  
Legal Frameworks ◽  
Premarital Sexual ◽  
And Coping

Current research presents five case studies of maternal neonaticide in Georgia. Participants were under the age of thirty, with incomplete secondary education, unemployed, dependent on their families’ low income, living in the rural areas of Georgia. In three cases, participants resided with their family of origin. They were not married or in a relationship with the father of the child. They described their families and communities as conservative, holding strong cultural/religious beliefs against premarital sexual relations/childbirth out of wedlock. They lacked problem solving and coping skills, avoided making decisions concerning the pregnancy by concealing it. This being their first pregnancy, they gave birth alone followed by panic and fear of detection, committed neonaticide and hid the body of the infant. None of them had a prior criminal record. In the remaining cases, participants were married, lived with their spouses and children, had financial hardships. Both reported psychological and physical abuse from their spouses. One of them had a prior criminal offense for possessing controlled substances. The motive for neonaticide was an unwanted child due to an extramarital affair and threat of financial abandonment from extended family. In both cases, infants suffered fatal injuries. All participants reported lack of social support and emotional neglect from family members. These results are in line with international research, suggesting that certain patterns among these mothers are shared. Psychosocial factors associated with neonaticide should be utilized in the process of planning and implementing preventive strategies in health, social and legal frameworks.Disclosure of interestThe author has not supplied his/her declaration of competing interest.

RELATIONSHIP AND DIFFERENCES OF OPTIONAL SIGNS OF THE OBJECTIVE SIDE OF THE CRIMINAL OFFENSE

2017 ◽  
Author(s):  
Olena Maslova ◽  
Keyword(s):  
External Environment ◽  
Variable Number ◽  
Specific Situation ◽  
Criminal Offence ◽  
Criminal Offense ◽  
Close Interaction ◽  
Independent Features ◽  
Objective Side ◽  
The Way

The article is sanctified to research of intercommunication of situation of feasance of criminal offence with other optional signs of objective side of composition of criminal offence. Traditionally, the situation of committing a criminal offense is attributed to the optional features of the objective side of the criminal offense. The situation of committing a criminal offense is a systemic formation, which includes a number of elements that give it a qualitative definition. Any specific situation is a certain structure with a variable number of elements that make it up. All elements of the situation are in close interaction with each other, which leads to the emergence of a particular situation. It is marked the place and time in the description of the fact of committing a criminal offense can be both separate, independent features of the objective side of the criminal offense, and components of the situation of committing a criminal offense, as the conditions that create the situation must be territorially and temporally defined. Influence relationship between the situation of a criminal offense with such an optional feature of the objective party as a way of committing a criminal offense, because often the way of committing a criminal offense along with the situation of committing a criminal offense is a sign of basic or qualified criminal offense. The situation of committing a criminal offense affects the choice of a particular method of committing a criminal offense, thereby determining the presence and degree of public danger of criminal encroachment. The situation of committing a criminal offense as a certain environment, the external environment determines the nature of a socially dangerous act and the means and tools of its commission. The possibility of a socially dangerous act causing harm depends not only on the act itself, but also on the situation in which it is carried out, which in turn determines the subject's choice of means or tools to commit such an act under appropriate conditions. In a particular case, the combination of the situation and the means or tools of committing a criminal offense, provides a qualitatively new level of public danger.

scholarly journals Assessing Health Promotion Interventions: Limitations of Traditional Research Methods in Community-Based Studies

2017 ◽  
Vol 19 (4) ◽  
pp. 573-580 ◽  
Author(s):  
Anne Dressel ◽  
Robert Schneider ◽  
Melissa DeNomie ◽  
Jennifer Kusch ◽  
Whitney Welch ◽  
...  
Keyword(s):  
Health Promotion ◽  
Research Methods ◽  
Low Income ◽  
Controlled Trial ◽  
Community Settings ◽  
Community Based ◽  
African American Adults ◽  
Randomized Controlled ◽  
Traditional Research ◽  
Health Promotion Interventions

Most low-income Americans fail to meet physical activity recommendations. Inactivity and poor diet contribute to obesity, a risk factor for multiple chronic diseases. Health promotion activities have the potential to improve health outcomes for low-income populations. Measuring the effectiveness of these activities, however, can be challenging in community settings. A “Biking for Health” study tested the impact of a bicycling intervention on overweight or obese low-income Latino and African American adults to reduce barriers to cycling and increase physical activity and fitness. A randomized controlled trial was conducted in Milwaukee, Wisconsin, in summer 2015. A 12-week bicycling intervention was implemented at two sites with low-income, overweight, or obese Latino and African American adults. We found that randomized controlled trial methodology was suboptimal for use in this small pilot study and that it negatively affected participation. More discussion is needed about the effectiveness of using traditional research methods in community settings to assess the effectiveness of health promotion interventions. Modifications or alternative methods may yield better results. The aim of this article is to discuss the effectiveness and feasibility of using traditional research methods to assess health promotion interventions in community-based settings.

scholarly journals ROLE OF FICTIONS IN REGULATION OF PROPERTY RELATIONS IN THE MEDIEVAL ENGLISH LAW

2016 ◽  
pp. 0-0
Author(s):  
Роман Рыбаков ◽  
Roman Rybakov
Keyword(s):  
Common Law ◽  
Case Law ◽  
Historical Method ◽  
Property Relations ◽  
Legal Method ◽  
The Common ◽  
Legal Fictions ◽  
Interpretation Method

The article is devoted to legal fictions in regulating property relations in the English medieval common law (XIII—XVII centuries). Fictions are explained as features influencing the development of law, means of expansion of courts’ jurisdiction and mechanisms of the development of remedies protecting property relations. The article focuses on the role of fiction during the appellate review stage. Relevant case law is analyzed in this article. In this research the author uses the following set of methods of scientific cognition: dialectical method, historical method as well as special scientific research methods, such as technical legal method, comparative law method, formal legal method and legal interpretation method. This research results in better understanding of the role of fictions during the appellate review stage and provides analysis of differences between legal fictions used in the medieval civil law and the common law. In conclusion, the author suggests a classification of legal fictions’ functions in the medieval English common law.

scholarly journals Administrative mechanisms for resolving individual labour disputes in foreign countries

2021 ◽  
Vol 118 ◽  
pp. 03011
Author(s):  
Aleksei Vladimirovich Iglin
Keyword(s):  
Dispute Resolution ◽  
Research Methods ◽  
Access To Justice ◽  
Legal Analysis ◽  
Labor Disputes ◽  
Labor Management ◽  
Dialectical Approach ◽  
Legal Method ◽  
Foreign Countries ◽  
Conducting Research

According to international labor standards, the labor-management system covers all public administration bodies responsible for and/or involved in labor-management, whether they are ministerial departments or government agencies, including semipublic, regional, or local agencies, or any other form of decentralized administration, and any institutional framework for coordinating the activities of such bodies and for consultation and participation of employers and employees and their organization. In this regard, dispute resolution mechanisms through administrative departments and agencies, labor inspections, and voluntary compliance are most pronounced. The purpose of the study was to conduct a comprehensive analysis of administrative mechanisms for resolving individual labor disputes in foreign countries; to draw conclusions about the effectiveness, prospects, and legal clarity of coordination of labor disputes. When conducting research the author relies on foreign doctrine, the practice of the subjects involved in labor relations, acts of foreign legislation. Research methods: a dialectical approach to the knowledge of administrative mechanisms, allowing analyzing them in their practical development and functioning in the context of coordination of labor legal relations. The comparative legal method and dialectics determined the choice of specific research methods: comparative and formal-legal. The functions, jurisdiction, and procedures of individual labor dispute resolution mechanisms and labor inspectorates are the subject of comprehensive research because of their effectiveness in protecting workers’ rights. The article provides a detailed comparative legal analysis of the specifics of dispute resolution through administrative departments and agencies, the role of labor inspections/law enforcement, and access to justice for workers in unclear or hidden employment relationships. On the basis of a large array of regulative sources, the author concludes about the importance of administrative mechanisms in the proper enforcement of labor laws abroad.

scholarly journals Constitutionalization of legal policy in modern Russia

2018 ◽  
Vol 2 (4) ◽  
pp. 25-29
Author(s):  
D. Avdeev
Keyword(s):  
Comparative Method ◽  
Strategic Development ◽  
Legal Policy ◽  
Scientific Methods ◽  
Road Map ◽  
Legal Method ◽  
Scope Of Application ◽  
General Scientific ◽  
State And Local ◽  
Constitutional System

The subject. The paper is devoted to the constitutional basis of modern legal policy.The purpose of the paper is to confirm or disprove the hypothesis that constitutional concept of legal policy is necessary basis of reform of legal relations between constituent entities in federative state.The methodology of the study includes general scientific methods (analysis, synthesis, comparative method, description) as well as particular academic methods (formal-legal method, interpretation of legal acts).The main results, scope of application. The emergence and further development of a legal policy based on constitutional provisions and norms continues to impact significantly on the organization of state and local authorities. Democracy, federalism, republicanism and legalism are the four components that can form the basis for the development of the doctrinal conception of legal policy aimed to the strategic development of these constitutional axiomatic postulates. In Russia there is no clearly defined "road map", which is based on the strategic planning of the constitutional system. The Constitution of the Russian Federation contains enough inaccuracies of both legal and technical and substantive nature.Conclusions. It is necessary to develop a concept of legal policy. Such concept is necessary basis of reform of legal relations between constituent entities in federative state.

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