scholarly journals Analytical support of the procedural decision-making process

2020 ◽  
Vol 4 ◽  
pp. 20-32
Author(s):  
F.B. Agayev ◽  
Keyword(s):  
Decision Making ◽  
Fuzzy Inference ◽  
Criminal Code ◽  
Information Support ◽  
Legal Research ◽  
Practical Action ◽  
Legal Norms ◽  
Procedural Law ◽  
Legal Method ◽  
The Status

In the process of legal research, private scientific methods are developed and used to study legal reality, such as the method of comparative jurisprudence, the method of interpretation (explanation) and the formal legal method. However, at the present stage of legal research, it is impossible to be limited only by these methods. Even legal scholars who consistently defend the status of dogmatic jurisprudence recognize that the application of these methods, with all their merits, sets a limiting framework in un-derstanding the practical action of positive law and the originality of its theoretical vision. Nevertheless, the application of these methods in the study of legal reality allows us to draw a conclusion about the general trends in the development of evaluative concepts that are fundamental in civil procedural law. It is offered an approach to the formation of a system of information support of procedural decision-making based on the application of fuzzy inference mechanism implemented in the logical basis of the feedforward multilayer neural network. Under this approach, a method to overcome the semantic uncer-tainty in the evaluation terms of procedural law is developed by using appropriate terms (fuzzy sets) of corresponding linguistic variables. As an example it is selected the Articles on “Violation of copyright or neighboring rights” of the Criminal Code of the Azerbaijan Republic based on which has been proposed formalism for the evaluation concept of “significant harm” in relation to the sanction applied. For mak-ing an adequate to evaluation concept notion it is proposed grading scale of possible sanctions, obtained on the basis of the description of the relevant legal norms in terms of fuzzy implicative rules.

Information support for expert evaluation of the states of the external environment

2020 ◽  
pp. 71-76
Author(s):  
Rasol Murtadha Najah
Keyword(s):  
Decision Making ◽  
Environmental Conditions ◽  
Fuzzy Inference ◽  
Environmental Parameters ◽  
Information Support ◽  
Expert Assessment ◽  
Fuzzy Variables ◽  
Decision Making Models ◽  
The Difference ◽  
State Of The Environment

This article discusses the application of methods to enhance the knowledge of experts to build a decision-making model based on the processing of physical data on the real state of the environment. Environmental parameters determine its ecological state. To carry out research in the field of expert assessment of environmental conditions, the analysis of known works in this field is carried out. The results of the analysis made it possible to justify the relevance of the application of analytical, stochastic models and models based on methods of enhancing the knowledge of experts — experts. It is concluded that the results of using analytical and stochastic objects are inaccurate, due to the complexity and poor mathematical description of the objects. The relevance of developing information support for an expert assessment of environmental conditions is substantiated. The difference of this article is that based on the analysis of the application of expert methods for assessing the state of the environment, a fuzzy logic adoption model and information support for assessing the environmental state of the environment are proposed. The formalization of the parameters of decision-making models using linguistic and fuzzy variables is considered. The formalization of parameters of decision-making models using linguistic and fuzzy variables was considered. The model’s description of fuzzy inference is given. The use of information support for environment state assessment is shown on the example of experts assessing of the land desertification stage.

scholarly journals Protection of the subsoil of the continental shelf of Ukraine by international and national instrumentalities

2021 ◽  
pp. 186-190
Author(s):  
V. V. Chumak ◽  
O. O. Khan ◽  
I. V. Bryhadyr ◽  
K. V. Kysylova
Keyword(s):  
Continental Shelf ◽  
Legal Regulation ◽  
Criminal Code ◽  
The State ◽  
Structural Method ◽  
Legal Norms ◽  
Foreign Companies ◽  
Legal Method ◽  
Legislative Changes ◽  
State Protection

Purpose. Identification of international and national mechanisms for protection of the subsoil of the continental shelf of Ukraine and provision of scientifically sound recommendations for improving the legal regulation of their application. Methodology. During the study, the dialectical method was used to learn the essence of such a phenomenon as the protection of the subsoil of the continental shelf; the system-structural method when analyzing objective and subjective features of the crime under Part 2 of Art. 244 of the Criminal Code of Ukraine; the comparative-and-legal method in the study on the sanction of Part 2 of Art. 244 of the Criminal Code of Ukraine; the logical and dogmatic method when developing recommendations for improving legal norms. Findings. As a result of the study, mechanisms of protection of the continental shelf of Ukraine were determined. The necessity of improvement of the legislative base regulating the order of their realization is proved. Originality. The international legal and national mechanisms of state protection of the continental shelf of Ukraine are determined. In order to improve the state protection of the continental shelf, legislative changes to Part 1 of Art. 26 of the Subsoil Code of Ukraine, Part 2 of Art. 244 of the Criminal Code of Ukraine and Part 2 of Art. 216 of the Criminal Procedure Code of Ukraine are suggested. Practical value. Proposals to improve the current legislation of Ukraine are presented aimed at improving the efficiency of the State Service of Geology and Subsoil of Ukraine, the National Police, the Security Service of Ukraine and the judiciary to protect the subsoil of the continental shelf of Ukraine from illegal use by foreign companies.

scholarly journals Criminal Law Protection of Personal Secrets in Hungary

2019 ◽  
Vol 8 (1) ◽  
pp. 23-42
Author(s):  
Viktor Bérces
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Medical Profession ◽  
Comparative Law ◽  
Criminal Code ◽  
Privileged Information ◽  
Legal Norms ◽  
Procedural Law ◽  
Wide Perspective ◽  
Offending Behaviour

The study analyses in detail and from a wide perspective the criminal law regulation applicable to the protection of personal secrets in Hungarian law. The author presents the historical development and comparative law context of the criminal substantive legal norms which defend personal secrets, especially in view of persons whose occupations or professions require handling such privileged information. Several norms applicable to specific professions (the clergy, the medical profession, and attorneys at law) as well as their implications in the light of the provisions of criminal and civil procedural law are also explored. The author concludes that it would be advantageous to use the expression ‘occupation’ in a wider sense and that the Hungarian Criminal Code should exemplify the secrets which often occur in everyday life and the exposure of which fits into the offending behaviour. Also, criminal and civil procedure should use the same rules for the exemption of persons bound by secrecy from having to testify as witnesses.

THE FUNDAMENTAL HUMAN RIGHT TO A FAIR TRIAL AS AN OBJECT OF PROTECTION OF THE INSTITUTION OF LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Special Functions ◽  
Criminal Code ◽  
Fair Trial ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Human Right ◽  
Protective Function ◽  
Legal Norms ◽  
The Status ◽  
Key Aspects

The scientific article reveals the key aspects of ensuring the fundamental human right to a fair trial as an object of protection of the institution of legal responsibility of a judge. It has been established that the basic principles of ensuring the human right to a fair trial are governed by the norms and provisions of such documents as: the Criminal Code of Ukraine, the Civil Procedure Code of Ukraine, the Code of Ukraine on Administrative Offenses, the Code of Labor Laws of Ukraine, the Law of Ukraine «On the Judicial System and the Status of Judges», Resolution of the Supreme Administrative Court of Ukraine of 15.09.2011 No. П/9991/335/11. It was found that the object of a disciplinary offense of a judge is a set of rights and duties of a judge to the legal and fair administration of justice and the fulfillment of other duties assigned to him by the judicial and procedural legislation. It was determined that today the judicial authorities in Ukraine have adopted and put into effect the Internal Labor Regulations of Courts. The functions of a judge's legal responsibility were considered and it was found that they are implemented at the general social level (they consist in achieving control over the judge's behavior in accordance with special legal norms), at the general legal level (they consist in the restoration of rights that were violated, and compensation for expenses incurred to restore rights, as a result of the commission of illegal actions by the judge; prevention of the commission of offenses by the judge; punishment of the judge and the imposition of restrictions on his rights on legal grounds as a result of the imposition of additional legal obligations on him), the level of aggregate (general) functions of legal responsibility (consists in the fact that legal responsibility judges acts as the basis of social development and is determined under the influence of the development of legal norms) and the level of special functions of bringing a judge to legal responsibility (consists in exercising influence on the regulation of legal relations between a judge and society). It has been proven that the key functions of a judge's legal responsibility are the punitive function, protective function, preventive function and the function of ensuring the activity of the judge and his behavior in accordance with special professional standards. It is proposed to conduct a comprehensive study of the problems of ensuring human rights to a fair trial, based on the peculiarities of bringing a judge to legal responsibility for unfair, illegal and unjust in violation of the standards and requirements for fulfilling official duties, with the prospects for further research.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals Vandalism as delinquent behavior: Russian and Brazilian experience

2021 ◽  
Vol 108 ◽  
pp. 05013
Author(s):  
Olga Vladimirovna Kruzhkova ◽  
Irina Vladimirovna Vorobyova ◽  
Anastasiya Plotskaya
Keyword(s):  
Federal Republic ◽  
Russian Federation ◽  
Delinquent Behavior ◽  
Legal Regulation ◽  
Criminal Code ◽  
High Concentration ◽  
Legal Representation ◽  
Legal Norms ◽  
Legal Method ◽  
The Russian Federation

The study of vandalism is a topical scientific problem. Except for the scientific interest, wide expansion of destructive activity towards the material environment of a modern city suggests study of legal regulation of vandalism. The goal of the article is to find the national specific character of legal representation and regulation of vandal activity of citizens from Russia and Brazil that has been chosen for a comparative analysis due to the high concentration of vandal damages in Brazilian cities. To achieve this goal, we carried out an analysis of the Criminal Code of the Russian Federation, The Code of the Russian Federation on Administrative Offences and the Criminal Code of the Federal Republic of Brazil, Law 9.605, Law 12.408, Law 2.848 of the Federal Republic of Brazil, etc. The use of the comparative-legal method contributed to the identification of the qualification of vandalism signs as delinquent behavior. We conduct an analysis of the scientific literature describing the basics of understanding vandal behavior and its legal regulation. Also the statistical data of recent years on the law enforcement practice in relation to vandalism were analyzed. The cultural specificity of vandal activity in Russia and Brazil has distinct features in the legal regulation of this type of delinquent behavior. Brazilian experience in decriminalizing graffiti shows that this approach enables the reduction of the load on the judiciary system. In Russia and Brazil, they actively discuss the declaring of graffiti and illegal street art as a form of art that will result in the transformation of legal norms of regulation of the citizens’ vandal activity in a while. The scientific novelty lies in the comparison of norms of Russian and Brazilian legislation referred to vandalism to find out ways of its efficient prevention.

scholarly journals Empirisk forskning om domstolar i Finland

2017 ◽  
Vol 104 (2) ◽  
pp. 153-160
Author(s):  
Mika Sutela
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Empirical Studies ◽  
Process Data ◽  
Legal Research ◽  
Judicial Process ◽  
Legal Realism ◽  
Judicial Decision Making ◽  
Procedural Law ◽  
Wide Range

The subject of my article-based dissertation in law was decision-making in the general courts of Finland. My research aimed to describe how uniform decisionmaking is in the Finnish courts. With regard to district courts convictions of  gravateddrunk driving were the main focus of my study. The results show that there are regional differences in the sentences. Results are based on empirical legal research that draws on aspects of criminal and procedural law as well as criminology. Prior to this, only a few empirical studies had been conducted in Finland that focused on the courts and other criminal sanctioning systems. In the current dissertation, the equality and predictability of judicial decision-making at the international level where the influence of legal and extra-legal factors, e.g., offender age, on sentencing is explored. At a more theoretical level, the dissertation reflects the research tradition of legal realism. Empirical legal research will play an increasingly important role in the future. It can increase both equality before the law, as well as the transparency of decision-making and confidence in the judicial process. Data on, e.g., punishments meted out by the courts, should be kept as current as possible since information on the functioning of the legal system is important. Empirical court research provides a unique basis for discussing levels of punishment. The functioning of the legal system has a major impact on society. Empirical data, including statistics, provide a good basis for a wide range of research.1.

Legislative Use of Attributes of the Status Role Positions of the Guilty Person and the Victim as a Reflection of the Trend of Specialization in the Russian Criminal Law

2021 ◽  
pp. 236-242
Author(s):  
Yuliya S. Karavaeva ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Policy ◽  
Criminal Code ◽  
Arithmetic Operations ◽  
Legal Method ◽  
The Status ◽  
Special Rules ◽  
Legislative Changes ◽  
High Dynamics ◽  
Criminal Legislation

The aim of the article is to assess the frequency and validity of the use of the status role characteristics of the guilty person and/or the victim in the construction of special elements of crimes in the context of the issues of the redundancy of the current criminal legislation specialization as the dominant trend of its development. The empirical basis of the study is the numerical values obtained in the course of arithmetic operations to determine the dynamics of legislative changes in the Criminal Code of the Russian Federation and the frequency of using the status role characteristics of the guilty person and/or the victim in special norms. The methodological basis of the work is the formal legal method, which allows working directly with the text of the criminal law in order to both conclude about the high dynamics of its changes and analyze new special norms, which ultimately led the author to the conclusion about the redundancy of its specialization. In addition, the method of mathematical calculations (simplest arithmetic operations), as well as other general scientific methods (analysis, synthesis) were used. Within the framework of a critical understanding of the legislative criminal legal activity for the period of 2018-2020, attention is drawn to its orientation and technical and legal side, the content of which indicates the predominance of the trend of specialization. Being natural and necessary, specialization allows reflecting the differentiation of legal relations as a process that takes place objectively, by differentiating the law. In the case of criminal law, this involves the emergence of special rules for the purpose of differentiating liability. The analysis of some of the special norms that have reappeared in the Special Part of the Code allows concluding that the legislator has chosen a casual way of presenting them, which, taking into account the high dynamics of lawmaking in criminal law, clearly indicates that the trend of specialization has acquired a redundant character. Taking into account the conclusion about the redundancy of specialization of the criminal law, it is possible to overcome it both by rejecting unjustified, reactive criminalization that simulates an active criminal policy of combating crime and by moving to unification processes in terms of eliminating terminological errors, violations of the requirements of systemic legislation, and reducing regulatory material.

TO THE QUESTION OF THE RELATION OF MAN TO ANIMALS IN MODERN RUSSIA: THE CRIMINAL, LEGAL AND MORAL ASPECT

2020 ◽  
Vol 10 (3) ◽  
pp. 128-132
Author(s):  
MIKHAIL KOLTSOV ◽  
◽  
ELENA POPOVA
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Norms ◽  
Existing Problems ◽  
Legal Method ◽  
Logical Method ◽  
The Russian Federation ◽  
Cruelty To Animals

This article examines the existing problems that arise in the case of applying the provisions of the current version of article 245 of the criminal code of the Russian Federation. Based on the analysis of the theory and judicial practice of this sphere of public relations, the authors reveal the conditions for criminal responsibility for the criminal offense provided for in this article. In addition, the article contains comparative characteristics of Russian and foreign legislation in terms of liability for cruelty to animals. The following methods were used in the article: logical method of cognition, comparative legal method of research, as well as formal legal method, which allowed to reveal the essence and signs of cruelty to animals, the method of interpretation of legal norms. The use of these methods allowed us to understand the institutions of criminal law and determine the main directions of development. The authors suggest possible ways to solve problems that arise in the process of proving the fact of criminal infringement under article 245 of the criminal code of the Russian Federation, and reveal ways to eliminate gaps in legislation.

scholarly journals Kedudukan Hukum Saksi Instrumentair Terkait Keautentikan Akta Notaris

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 511
Author(s):  
Ni Putu Anggelina
Keyword(s):  
Research Methods ◽  
Legal Status ◽  
Criminal Code ◽  
Legal Issue ◽  
Legal Research ◽  
Legal Norms ◽  
Legal Position ◽  
The Law ◽  
Legal Consequences

The legal status of a Notary employee in his capacity is a witness of the Instrumentair to support the validity of an authentic deed which is inseparable and has legal consequences for the deed of the Notary. Notary deed that raises the law causes the Notary employee to work as a witness instrument in the deed to be the party responsible and responsible for the law that appears. The legal issue in this journal is the Responsibility for the accountability of instruments in the deed of a Notary? And how to place the legal position in the instrumentation in terms of supporting the Notary deed related to the Notary's responsibility to keep the confidentiality of the deed which is made by him based on Article 16 Paragraph (1) Letter F and Article 40 of the UUJN Amendment?, This article is analyzed by normative legal research methods with a study of Article 16 paragraph (1) letter f UUJN Changes that still involve obscurity of legal norms. The purpose of this study is to examine the accountability of the instrumentair in the deed of the Notary and also provide understanding in terms of the legal position of the instrumentair selection related to the authenticity of the Notary deed. The results of the study through the journal can prove the lawsuits related to the substance of the deed whose signing involved him, remembering his capacity only employees who are functioned by a Notary to prepare the deed. The legal position of viewing related to the occupation of the Notary keeps the confidentiality of the deed whose production is made based on Article 16 paragraph (1) letter f and Article 40 of the UUJN. Therefore the instrumentair witness cannot apply Article 322 of the Criminal Code because his capacity as an election is not bound by professional ownership. Witness instructors who do not support the confidentiality of Notary documents. Status hukum pegawai Notaris dalam kapasitasnya menjadi saksi Instrumentair guna mendukung sahnya suatu akta autentik merupakan hal yang tak terpisahkan dan memiliki konsekwensi hukum terhadap akta Notaris. Akta Notaris yang menimbulkan persoalan hukum menyebabkan pegawai Notaris yang berfungsi sebagai saksi instrumentair dalam akta menjadi pihak yang dianggap tahu dan bertanggung jawab atas persoalan hukum yang muncul. Isu hukum dalam jurnal ini adalah Bagaimanakah tanggungjawab saksi instrumentair dalam akta Notaris? Dan bagaimanakah kedudukan hukum saksi instrumentair dalam hal mendukung keautentikan akta Notaris terkait adanya kewajiban Notaris menyimpan kerahasiaan akta yang pembuatannya dilakukan olehnya berdasarkan Pasal 16 Ayat (1) Huruf F dan Pasal 40 UUJN Perubahan ?, Artikel ini dianalisis dengan metode penelitian hukum normatif dengan kajian terhadap Pasal 16 ayat (1) huruf f UUJN Perubahan yang masih terdapat kekaburan norma hukum. Tujuan penelitian ini adalah mengkaji secara mendalam tanggungjawab saksi instrumentair dalam akta Notaris serta memberikan pemahaman dalam hal kedudukan hukum saksi instrumentair terkait dengan keautentikan akta Notaris. Hasil kajian melaui jurnal ini diketahui bahwa saksi instrumentair tidak bisa dituntut secara hukum terkait substansi akta yang penandatanganannya melibatkan dirinya, megingat kapasitasnya hanya pegawai yang difungsikan oleh Notaris untuk mempersiapkan akta. Kedudukan hukum saksi instrumentair terkait adanya kewajiban Notaris menyimpan kerahasiaan akta yang pembuatannya dilakukan olehnya berdasarkan Pasal 16 ayat (1) huruf f dan Pasal 40 UUJN Perubahan tidak diwajibkan secara pasti harus menjaga kerahasiaan subtansi akta. Oleh sebab itu terhadap saksi instrumentair tidak bisa diterapkan Pasal 322 KUHP karena kapasitasnya sebagai saksi tidak melekat jabatan profesi. Saksi instrumentair yang tidak menjaga kerahasiaan dokumen Notaris perbuatannya diklasifikasikan perbuatan melawan hukum.

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