scholarly journals About the systematic approach in criminal law

Author(s):  
Konstantin Nikolaev

The systematic approach is used in various branches of knowledge, including in the humanities. The science of criminal law is no exception. The article analyzes the content of the main concepts of the system approach, such as «system», «element», etc. The method of system-structural analysis is applied to Russian criminal law, which is considered as an organic system, the general properties of which are disproportionately greater than just the sum of the properties of its constituent elements. Specific connections and dependencies are shown that characterize the organic connections of criminal law as a phenomenon as a whole with its constituent elements, as well as the connections of its constituent elements with each other. It is determined that the criminal law norms, as the primary elements of criminal law as an organic system, characterize the synthetic type of structural connection. It is stated that criminal law is characterized by a hierarchical (vertical) type of structural connection. It is noted that the external (functional) relations of criminal law should be considered from the point of view of mutual influence: how this influence is carried out from the side of criminal law and from the side of another phenomenon. Promising areas of application of a systematic approach in criminal law are indicated.

2021 ◽  
pp. 72-85
Author(s):  
Виктория Владимировна Брусьянина ◽  
Ольга Владимировна Двизова

Представлен анализ станковой сюжетной композиции монтажного типа с точки зрения системного подхода на примере работ известных художников прошлого и произведений современных авторов, в том числе обучающихся художественных школ и вузов. Станковая сюжетная композиция монтажного типа исследована с позиций системного подхода, выявлены закономерности построения станковой композиции как системы через инструменты системного подхода. Использование этих закономерностей в обучении станковой композиции как детей, так и взрослых способно привести к качественно новому уровню усвоения знаний и приобретению навыков. Описаны принципы работы над станковой сюжетной композицией (в том числе и монтажной) с применением системного подхода в рамках обучения изобразительному искусству. Доказано, что композиция – целая система, всегда предполагающая замкнутость и завершенность, а ее элементы всегда фиксированы. Все элементы композиции связаны единством смыслов, без которого композиция невозможна. Композиция выступает как система внутренних связей, объединяющая все компоненты формы и содержания в единое целое. Практическая значимость исследования просматривается в области преподавания композиции в художественных и общеобразовательных школах, профильных вузах и ссузах. The article presents an analysis of the easel plot composition of the assembling type from the point of view of a systematic approach on the example of the works by famous artists of the past and works by modern authors, including learners of art schools and universities. The easel plot composition of the assembling type was investigated from the points of view of the system approach, the laws of constructing the easel composition as a system through the tools of the system approach were revealed. The use of these patterns in training the easel composition of both children and adults can lead to a qualitatively new level of assimilation and acquisition of skills. The principles of work on the easel plot composition (including assembling) with the application of a systematic approach in the framework of teaching fine art are described. It has been proved that the composition is a whole system, always assuming closure and completeness, and its elements are always fixed. All elements of the composition are connected by the unity of meanings, without which the composition is impossible. The composition acts as a system of internal bonds, combining all the components of the form and content into a single whole. The practical significance of the study is visible in the field of teaching composition in art and general education schools, specialized universities and secondary schools.


Author(s):  
Michael S. Mokiy

The article substantiates the thesis that any policy is always based on a certain set of ideas and views. This set of ideas is guided by people working in government bodies, and first of all, the heads of these bodies. It is shown that the authorities take steps to develop the parameters of economic development and ensure compliance with these parameters by all elements of the system on the basis of the existing ideology. It is noted that from the point of view of the system approach, the basic elements of the system of economic relations are households. Therefore, the parameters of the “economic relations” system development should characterize the improvement of the condition of each household. It is proved that the existing de facto ideology of enrichment and the corresponding economic policy does not and will not be able to ensure sustainable economic growth, since they are not aimed at ensuring the growth of the well-being of all households. The vector of changes in economic policy is indicated in the case of legislative and institutional consolidation of a new ideology – ​“improving the welfare of all households”. It is shown that such a change in ideology will necessarily entail a demand for scientific justification of the nomenclature and assortment of household needs and the necessary ways to ensure them. On the basis of a systematic approach, a forecast is given of what may happen in the country if these ideological changes are not made.


Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevski

Starting from the definition of economic crime as a totality of  illegal acts committed by an individual or a group of individuals to obtain a financial or professional advantage, criminal law protection of this type of crime is becoming more popular both from a theoretical and practical point of view, primarily due to its constituent elements (system of incrimination, subject of economic offense and forms of responsibility, sanctions), and secondary by identifying opportunities for its conception and realization. Therefore, this paper, analyzes situation both in terms of determining the causes of economic crime and responsibility for economic crimes, and in terms of the legal and factual opportunity to realize the criminal law protection in a modern democratic society and market economy, establishment and implementation of appropriate repressive and preventive measures to combat this type of crime


Author(s):  
Вадим Константинович Култашов

Несмотря на высокий интерес ученых из различных сфер к исследованию понятия «трудовой потенциал», в настоящее время до сих пор не сформирован единый категориальный аппарат раскрытия сущности понятия. Цель статьи - сформулировать определение понятия «трудовой потенциал» на микро и макро - уровнях, основываясь на методологии системного подхода. Это особенно актуально для оценки трудового потенциала с экономической точки зрения. Научная новизна заключается в попытке поиска решения следующих исследовательских задач: очертить контуры понятия «трудовой потенциал», основываясь на исследованиях статистики, демографии и других наук; провести сравнение теорий управления трудовым потенциалом; рассмотреть особенности подходов к пониманию сущности понятия «трудовой потенциал»; раскрыть составные элементы понятия «трудовой потенциал». Сформулированные выводы по итогам проведенного исследования необходимы для уточнения терминологии и понимания сущности понятия «трудовой потенциал» в едином виде различными учеными, поскольку роль трудового потенциала в современной рыночной экономике - как фактора роста социально-экономического развития государства очень велика. Despite the high interest of different scientists to the investigation of «labor potential» concept, nowadays we don’t have a unified categorical apparatus for revealing the essence of the concept. This is especially relevant for assessing labour potential from an economic point of view. The article attempts to find a solution to five research problems: to outline the concept of «labor potential», based on statistics and demography data. The article compares labour potential management theories, analyzes the peculiarities of approaches to understanding the concept of «labour potential» reveals the constituent elements of the «labour potential» concept based on the methodology of the system approach and defines «labour potential» at micro and macro levels. The conclusions drawn from the study are necessary to clarify the terminology and understanding of the «labor potential» concept since the role of labor potential in the modern market economy is an essential factor in its socio-economic development.


Author(s):  
ALIMZHAN BEKMAGAMBETOV ◽  

The purpose of the research. The article discusses the issues of further modeling of the criminal policy of combating crime in the field of human trafficking. In this regard, the issues of the constituent elements in the structure of the anti-criminal state mechanism are considered. Particular emphasis is placed on the relationship between criminal and criminological policy. The author, having analyzed the research in this area, distinguishes two groups of diametrically opposite points of view of scientists: one group of opinions is the idea that criminal policy is part of the criminological one, the other point of view is the opposite. The author of this work is of the opinion about the need for further integration and interaction between various fields of knowledge, including such areas as criminology of law and criminology of criminal law (law). Based on the fundamental concepts of a number of scientists, the author of the publication presents the structure of criminological legislation in the field of combating crime related to human trafficking, and also once again draws attention to the criminogenic gap expressed in the absence of a basic anti-trafficking law. Conclusions. In accordance with the author's approach, the international and national policy, consisting of criminal law, criminal procedural, criminal executive, operational-search and forensic subsystems, should be included in the number of subsystems of the policy of combating crime related to trafficking in persons. The need for a clear reflection in the official terminological turnover within the framework of the integral conceptual and categorical apparatus of the draft Concept or the national draft of the legal policy of the Republic of Kazakhstan is noted.


Legal Concept ◽  
2019 ◽  
pp. 18-25
Author(s):  
Anna Denisova

Introduction: all branches of law are constantly under the influence of the social environment, especially of the national policy and economy. In this regard, the author of the paper set the aim to research the influence of the processes of the digital economy development of the Russian Federation on the industry of Russian criminal law and to identify the relevant trends and relationships. Methods: the methodological framework for this study is a set of methods of scientific knowledge, among which the main ones are the methods of consistency, analysis and the comparative law method Results: grounded in the paper the author’s point of view is based on the domestic and foreign legislation, international legal acts and opinions of the academic community on the problems of interaction of the economic and legal systems, processes and results of their mutual influence. Based on the analysis, a list of problems currently impeding the development of the digital economy of Russia, which can be resolved using the criminal law means, is revealed. The questions of the gap in the Russian criminal legislation concerning a number of socially dangerous acts committed with the use of modern information technologies are raised. Conclusions: the study revealed the importance of the intersystem links between the national economy and its digital sector with Russian criminal law, the need to take them into account in the lawmaking work and their impact on the effectiveness of the industry, the implementation of its sectoral goals and objectives. It is proposed to criminalize a number of socially dangerous acts committed with the use of modern information technologies, taking into account the traditions of the national law-making and the successful experience of the international community and a number of foreign countries in preventing attacks on the information security.


2020 ◽  
Vol 1 (1) ◽  
pp. 32-37
Author(s):  
I. Naydenova

As a research area, interior design took shape in the 20s of the last century, despite the fact that the practice of decorating living spaces dates back many hundreds of years. However, the "self-sufficiency" of design and its connection with architecture to this day is the subject of scientific discussions of urban specialists, historians, art historians, and anthropologists. The article discusses the leading artistic styles and trends that prevailed in architecture and design from the point of view of their mutual influence on each other. Time frame of the research: from the middle of XIX century to the first half of XX century. As a result of the research of foreign experience in the formation of interior design, the main stages of the movement development and its relationship with architecture in two formations were identified: activities directly dependent on architectural decisions, activities that determine the entire design process to a large extent: from the functional zoning of the premises to the features of the placement of utilities in the building. Entering the information era in art as a whole is characterized by the rejection of slogans that clearly delineate stylistic boundaries and determine the role of a designer in creating the living space. The determining factor influencing the integrity of the building’s appearance in a modern view is the harmony of the facade and the internal content, which was made possible thanks to the equal interaction of the architect and designer, starting from the first half of the 20th century.


Author(s):  
Almaz F. Abdulvaliev

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.


2021 ◽  
Vol 13 (4) ◽  
pp. 2138
Author(s):  
Semra Arslan Selçuk ◽  
Güneş Mutlu Avinç

The bio-informed concept, which means “designing by learning from nature’s best ideas” as an approach, method, tool, discipline or strategy, is one of the most important research areas of today. It does not only shape designs, but also is based on collaborative/interactive/creative methods in education and can be integrated with contemporary educational approaches. This paper questions how to translate the bio-knowledge, which can be an effective and useful method for developing designers’ skills such as system-thinking, innovative thinking and problem-based learning, to design education in an easy and understandable way. In this context, the method of determining and applying biological phenomena/systems into architectural design process through the “natural language approach” is investigated. With this research, it is aimed to open the way to reach more innovative and sustainable solutions by establishing a bridge between architectural and biological terminology while creating architectural structures. It has been shown how to increase the biodiversity utilized for bio-informed solutions in the architectural field by proposing a systematic approach to search for biological systems. From this point of view, this study emphasizes the importance of promoting the bio-informed design approach, increasing interdisciplinary relationships and orienting individuals to nature for creativity and sustainability.


Author(s):  
R.I. Fatkhutdinov ◽  
◽  

One of the main causes of accidents at hazardous production facilities of oil and gas production is the inefficient work of production control over compliance with industrial safety requirements. At present there are no criteria for its assessment in the Russian legislation. It is established in the study that that production control in the industrial safety management system performs the role of «control» in accordance with the Shewhart-Deming cycle PDCA, and its main function is to work with nonconformities. In connection with the above, it is proposed to approach production control not only from the point of view of the process, but also from the system approach. To assess the system functioning, the criteria of «effectiveness», «efficiency», «integral indicator» are considered. It is established that from the point of view of proactivity in achieving the goals of production control, the most preferable is the assessment of the integral indicator of the production control system functioning. The considered existing and possible approaches to the assessment of the production control system and the statistical processing of the results of the expert assessment of nineteen parameters confirmed the need for a systematic approach. Based on this, the hypothesis of the production control system functioning is proposed and statistically substantiated, and four main parameters for calculating the integral indicator of the production control system functioning are considered. The built mathematical model based on the fuzzy logic clearly demonstrates the dependence of the integral indicator of the production control system functioning on the considered input parameters. The proposed proactive approach to the assessment of the production control system through nonconformity management is universal and applicable to the «control» function of any control system. It can also be used in the work of Rostechnadzor and be an incentive for enterprises to improve the quality, efficiency, and effectiveness of the production control system.


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