scholarly journals SOCIAL AND ECONOMIC CONDITIONALITY OF CRIMINAL LEGAL PROTECTION OF LAND RELATIONS

2021 ◽  
Vol 31 (4) ◽  
pp. 717-720
Author(s):  
K.S. Khaperskaya
Keyword(s):  
Criminal Law ◽  
General Structure ◽  
Legal Protection ◽  
Standard Of Living ◽  
Natural Properties ◽  
The Earth ◽  
The Social ◽  
Land Relations ◽  
Natural Regulation ◽  
Means Of Production

The problem of rational (ecologically, socially and economically sound) use and protection of land is always relevant. States face the task of preserving land as the planet's most valuable resource. The specified component of the natural environment provides natural regulation of many processes occurring in the ecological system of the Earth, which predetermines the need for maximum preservation of its natural properties. The social danger of such a crime as damage to land is expressed in causing damage to the national property of Russia, the main means of production and the basis of the functioning of all sectors of the economy - land. In addition, spoilage of land in the general structure of environmental crime is a deterrent to the growth of the quality and standard of living of the population and the development of Russian production, regional development. In this regard, it seems relevant to study the socio-economic component of criminal law protection of land relations, land crimes, their analysis in order to timely respond to crimes committed in this area.

scholarly journals Protection of the credit relations in Ukrainian criminal law

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Viktoria Babanina ◽  
Vitalii Kuznetsov ◽  
Nelia Lisova ◽  
Inna Vartyletska
Keyword(s):  
Social Sciences ◽  
Higher Education ◽  
Criminal Law ◽  
Gender Discrimination ◽  
Legal Protection ◽  
Legal Research ◽  
The Social ◽  
Characteristic Features ◽  
And Gender ◽  
High Social Status

The article examines the features of the protection of credit relations by the criminal law of Ukraine. The scope of the article is to study peculiarities of credit and financial relations in Ukraine, to reveal types of crimes in the field of credit relations and specifics of their subjects, to analyze qualifying features of crimes in the field of credit activity. To achieve the purpose of the article, formal-logical and dogmatic-legal research methods were used. Using the formal-logical and dogmatic methods, credit relations as an object of legal protection in criminal law were analyzed. The characteristic features of the personality of criminals who commit crimes in the field of credit relations have been studied. Their specific differences from other types of criminals are revealed, which are manifested in the fact that people who commit crimes in the field of credit relations, as a rule, have a high social status, higher education and are financially secure. Thanks to the research conducted in the article some important features of crimes in the field of credit activity were revealed, such as the fact, that among those who commit crimes in the field of lending, there is a high proportion of women. This fact has an important meaning for the social sciences, since it underlines inequality and gender discrimination.

scholarly journals Criminal-Legal Mechanisms For Protecting The Activities Of Business Entities In Uzbekistan

2021 ◽  
Vol 58 (1) ◽  
pp. 2123-2135
Author(s):  
Marufjon Kurbanov
Keyword(s):  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Criminal Code ◽  
Business Activity ◽  
Special Significance ◽  
The Social ◽  
The Republic ◽  
Business Entities ◽  
Law Regulation

This article is dedicated to the institute of protecting business through criminal law in the Republic of Uzbekistan. In it, the author conducted an analysis of general characteristics of crimes related to obstruction, unlawful interference in business activities according to the Criminal code of the Republic of Uzbekistan. Therefore, researching of legal nature of crimes against business, analyzing its objective and subjective signs has a very special significance. The author reveals the social danger of these kinds of crimes, the necessity of appointing the criminal responsibility for it. Such types of crimes against business Violation of the right to private property, Forced involvement of business entities in charity and other events, Illegal suspension of activities of business entities and (or) operations on their bank accounts are analyzed. Therefore, researching criminal law regulation of business activity in the example of the Republic of Uzbekistan, analyzing its objective signs has a very special significance. The author reveals the social essence of criminal law regulation of business activity in Uzbekistan danger. And, namely, it has been provided specifics of the criminal legal protection of entrepreneurial activity in the criminal law of Uzbekistan are determined by the model of the economic system and the legal regulation of economic relations in the state. On the basis of the Criminal Code of the Republic of Uzbekistan, reviewed the significant aspects of protecting business through criminal law in the Republic of Uzbekistan.

Intra-Family Torts: From Immunity to Special Rules in Criminal and Civil Law

2016 ◽  
Vol 3 (2) ◽  
pp. 117-129
Author(s):  
Salvatore Lucio Patti
Keyword(s):  
Domestic Violence ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Protection ◽  
Tort Law ◽  
Social Changes ◽  
Legal Evolution ◽  
The Social ◽  
Special Rules ◽  
Italian Legislation

This article examines the development of the rules concerning criminal and civil law against family violence. It analyses the social changes and legal evolution from a mutual immunity of spouses to a widespread legal protection of victims of domestic violence. It aims to depict the tendencies towards the application of general tort law in civil law cases and towards special rules providing more and specific protection within criminal law. In this context the article also critically considers the latest international, European and Italian legislation.

scholarly journals Social conditionality of protection of the order of execution of court decisions

1970 ◽  
pp. 359-364
Author(s):  
Kostіantyn Yusubov
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Protection ◽  
Court Decision ◽  
Access To Justice ◽  
Court Decisions ◽  
The Social ◽  
Systemic Nature ◽  
Criminal Protection

The article deals with the social conditionality of the criminal and legal protection of the enforcement of court decisions. The grounds and principles of setting up criminal responsibility for not fulfilling court decision are being investigated. The grounds of setting up criminal responsibility for not fulfilling court decision were researched on the light of different theories of criminalization. One of them proceeds from its understanding as an integral part of criminal law policy. According other theory criminalization is a system of crimes that are written in the criminal law also as result of legislative activity of the state. Based on the above, it can be concluded that, regardless of the chosen theoretical model of criminalization of action, the social conditionality of criminal protection of non-enforcement of a court decision is characterized by all the characteristics that lead to the conclusion that it is appropriate to criminalize such behavior. The main factors (grounds, criteria) of criminalizing the non-enforcement of a court decision include: 1) socially dangerous of behavior that encroaches on the authority of justice, since the execution of a court decision is one of the guarantees of access to justice; 2) the widespread prevalence of this socially dangerous behavior that gave rise to ECHR finding of the systemic nature of non-enforcement of judgments in Ukraine; 3) the need to fulfill the international obligations arising from the membership of Ukraine in the Council of Europe and the recognition of the jurisdiction of the ECHR, which leads to the implementation of general measures. These factors determine the need to influence the public relations by criminal law measures, however, taking into account the principle of saving criminal repression.

scholarly journals The Concept of Penal Mediation for the Crime of Medical Negligence in Realizing Legal Protection for Medical Personnel and Patients or Their Families

2021 ◽  
Vol 8 (2) ◽  
pp. 147
Author(s):  
Rudy Sapoelete ◽  
Muhadar Muhadar ◽  
Otto Yudianto ◽  
Budiarsih Budiarsih
Keyword(s):  
Cultural Values ◽  
Criminal Law ◽  
Descriptive Analysis ◽  
Legal Protection ◽  
Medical Personnel ◽  
Analysis Data ◽  
Law Reform ◽  
Medical Negligence ◽  
Central Values ◽  
The Social

The research objective was to determine the form of legal protection for medical personnel and patients or their families for criminal acts of medical negligence and the form of the mediation concept of penalties for medical negligence. This research uses normative juridical legal research, is descriptive analysis, data sources are primary and secondary legal materials. Medical negligence lies between deliberate and coincidence, the crime of medical negligence is not mens rea, culpa offense is a false offense. The concept of penal mediation for the criminal act of medical negligence is to bring together medical personnel with patients or their families directly, changing the perspective of criminal law towards a humanistic criminal law, because the main focus isn’t on retaliation but on efforts to restore and make peace. The concept of penal mediation isn’t intended to maintain discretionary measures by law enforcers but to provide a place for penal mediation for criminal acts of medical negligence in the criminal justice system in realizing legal protection for medical personnel and patients or their families. The concept of penal mediation in realizing legal protection for medical personnel and patients or their families is a reform of criminal law as a reflection of restorative justice that needs to be regulated and by offering conditional norms. Criminal law reform must be carried out by reviewing and reconstructing criminal law in accordance with the social central values and socio-cultural values of the Indonesian people so that Indonesia's criminal law in the future is filled with Pancasila values.

George Hoggart Toulmin: politics and geology

1978 ◽  
Vol 8 (4) ◽  
pp. 481-481
Author(s):  
ROY PORTER
Keyword(s):  
French Revolution ◽  
Social Order ◽  
Lower Class ◽  
Great Distance ◽  
The Earth ◽  
Christian View ◽  
The Social ◽  
French Enlightenment ◽  
Political Conservatism ◽  
History Of

The physician George Hoggart Toulmin (1754–1817) propounded his theory of the Earth in a number of works beginning with The antiquity and duration of the world (1780) and ending with his The eternity of the universe (1789). It bore many resemblances to James Hutton's "Theory of the Earth" (1788) in stressing the uniformity of Nature, the gradual destruction and recreation of the continents and the unfathomable age of the Earth. In Toulmin's view, the progress of the proper theory of the Earth and of political advancement were inseparable from each other. For he analysed the commonly accepted geological ideas of his day (which postulated that the Earth had been created at no great distance of time by God; that God had intervened in Earth history on occasions like the Deluge to punish man; and that all Nature had been fabricated by God to serve man) and argued they were symptomatic of a society trapped in ignorance and superstition, and held down by priestcraft and political tyranny. In this respect he shared the outlook of the more radical figures of the French Enlightenment such as Helvétius and the Baron d'Holbach. He believed that the advance of freedom and knowledge would bring about improved understanding of the history and nature of the Earth, as a consequence of which Man would better understand the terms of his own existence, and learn to live in peace, harmony and civilization. Yet Toulmin's hopes were tempered by his naturalistic view of the history of the Earth and of Man. For Time destroyed everything — continents and civilizations. The fundamental law of things was cyclicality not progress. This latent political conservatism and pessimism became explicit in Toulmin's volume of verse, Illustration of affection, published posthumously in 1819. In those poems he signalled his disapproval of the French Revolution and of Napoleonic imperialism. He now argued that all was for the best in the social order, and he abandoned his own earlier atheistic religious radicalism, now subscribing to a more Christian view of God. Toulmin's earlier geological views had run into considerable opposition from orthodox religious elements. They were largely ignored by the geological community in late eighteenth and early nineteenth century Britain, but were revived and reprinted by lower class radicals such as Richard Carlile. This paper is to be published in the American journal, The Journal for the History of Ideas in 1978 (in press).

Beyond the Social Determinants of Health

2020 ◽  
Vol 3 ◽  
pp. 1-11
Author(s):  
Laura Hall ◽  
Urpi Pine ◽  
Tanya Shute
Keyword(s):  
Labour Force ◽  
Methodological Approach ◽  
Active Role ◽  
Indigenous Women ◽  
Economic Activities ◽  
The Earth ◽  
The Social ◽  
Weather Changes ◽  
People First

Abstract This paper will reflect on key findings from a Summer 2017 initiative entitled The Role of Culture and Land-Based Healing in Addressing and Ending Violence against Indigenous Women and Two-Spirited People. The Indigenist and decolonizing methodological approach of this work ensured that all research was grounded in experiential and reciprocal ways of learning. Two major findings guide the next phase of this research, complicating the premise that traditional economic activities are healing for Indigenous women and Two-Spirit people. First, the complexities of the mainstream labour force were raised numerous times. Traditional economies are pressured in ongoing ways through exploitative labour practices. Secondly, participants emphasized the importance of attending to the responsibility of nurturing, enriching, and sustaining the wellbeing of soil, water, and original seeds in the process of creating renewal gardens as a healing endeavour. In other words, we have an active role to play in healing the environment and not merely using the environment to heal ourselves. Gardening as research and embodied knowledge was stressed by extreme weather changes including hail in June, 2018, which meant that participants spent as much time talking about the healing of the earth and her systems as the healing of Indigenous women in a context of ongoing colonialism.

About Using the Complex Method in Studies of the Quality of Life of the Population of the North Ossetia

2020 ◽  
pp. 36-48
Author(s):  
I. M. Loskutova ◽  
N. G. Romanova
Keyword(s):  
Quality Of Life ◽  
Integrated Approach ◽  
Standard Of Living ◽  
Complex Method ◽  
The North ◽  
Social Wellbeing ◽  
The Social ◽  
Sociological Studies ◽  
North Ossetia

This article is devoted to the application of an integrated approach in the study of the quality of life of the population of the North Ossetia. Aspects of the specifity of objective and subjective approaches are substantiated. The increasing importance of the concept of “quality of life” in the XXI century is indicated. A review of sociological studies of the level and quality of life in Russia, as well as a range of monographic works on the analyzed issues. The results of empirical sociological studies in 2014 and 2018 (a study of the quality and standard of living of the population of North Ossetia and a study of the social wellbeing of the population of North Ossetia using the methodology developed by Lapin N. I. and Belyaeva L. A.) are presented.

scholarly journals A Populist Monster and the future of Constitutional Democracy

2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek
Keyword(s):  
Rule Of Law ◽  
Legal Protection ◽  
Constitutional Court ◽  
Court Decisions ◽  
Constitutional Democracy ◽  
Council Of Europe ◽  
Constitutional Courts ◽  
The Rule Of Law ◽  
The Social ◽  
The Eu

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.

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