scholarly journals Criminal punishment: history and modernity

Author(s):  
Tat'yana Kandabarova

The article discusses criminal punishment in historical and modern aspects. The term «criminal punishment» is multidimensional both in everyday and scientific understanding, functional properties are diverse. Without punishment there is no crime, and without crime there is no punishment. Hence the familiar phrase «crime-punishment». The role of criminal punishment in countering socially dangerous acts, its effectiveness causes discussion. The issues of sentencing at different times have always been and are receiving a lot of attention, both from legal scholars and from practitioners. The improvement of modern legislation in terms of criminal punishment gives reason to say that there is an understanding and research of the problems of the application of criminal punishment in modern society. Punishment expresses, on behalf of the State and society, a negative legal, social and moral assessment of the criminal act and the offender and consists in the deprivation or restriction of rights and freedoms provided for in criminal legislation. The purpose of this study is to study criminal punishment, its goals and practice of application, consideration of historical prerequisites. To achieve this goal, it is necessary: to investigate the institution of sentencing in the history of development, to study the current state of the institution of punishment, its goals and practice of application in modern Russia. The methodological basis of the work was made up of general scientific methods (historical, logical, system-structural, comparative legal analysis).

2018 ◽  
Vol 7 (4.38) ◽  
pp. 179
Author(s):  
Yury P. Garmaev ◽  
Roman N. Borovskih ◽  
Lydia P. Chumakova ◽  
. .

The article is dedicated to the research of the insurance fraud phenomenon comparing a Russian and foreign practice of counteracting this crime. The authors, using the general scientific methods of cognition as well as the method of comparative legal analysis and other special legal methods of research, are studying the problem of counteraction the insurance fraud in Russia and other countries. The article characterizes the state of exploration of this problem from a viewpoint of Russian and foreign criminal research, analyses the criminal legislation and practice of counteracting this crime. Based on the results, the article substantiates the conclusion about a demand for a broader understanding of the insurance fraud problem and other crimes in the sphere of insurance for increasing the efficiency of combating these crimes through legal education of the population and neutralizing the false and criminogenic stereotypes of thinking of various participants in the insurance relationship.  


2021 ◽  
Vol 229 (6) ◽  
pp. 32-44
Author(s):  
EVGENIYA N. FEDOTOVA ◽  

The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.


2020 ◽  
Vol 34 (1) ◽  
pp. 33-41
Author(s):  
Asima G. КOSHIM ◽  
◽  
Aigul M. SERGEYEVA ◽  
Kuat T. SAPAROV ◽  
Sveta K. BERDYBAEVA ◽  
...  

A distinctive feature of Mangystau is a significant number of underground mosques that have existed within the region since the X-XIII centuries. The purpose of the study is to analyze and assess the current state of underground mosques and the prospects for their use as objects for the development of tourism. The study was carried out as a result of the use of complex methods: dialectical, retrospective, systemic and logical analysis, as well as general scientific methods of comparison, analysis and synthesis. Underground mosques in Mangistau region play an important role in the development of tourism in Kazakhstan. The analysis shows that the objects carved into the rock are unique underground structures that differ in the peculiarity and history of their formation. The research results can be used in theoretical and methodological research on this topic. The research materials show that in the Mangistau region it is necessary to study the religious heritage using a rich resource base and develop new tour programs that will increase the region's tourism pportunities and the development of all types of religious tourism.


2020 ◽  
Vol 21 (1) ◽  
pp. 7-24
Author(s):  
V. Zhuravel

The genesis and current state of scientific approaches to the formation and understanding of criminalistics general theory are outlined. It is noted that the general theory of criminalistics in its development has taken a hard and long way, where we can distinguish the following stages: 1) accumulation of the needed scientific potential in criminalistics; 2) emergence of scientific views as to the need to create a criminalistics general theory; 3) formation and development of scientific ideas on the general theory of criminalistics, its structure, functions, place in the system of criminalistics. It is emphasized that the general theory of criminalistics, as a system of basic ideas of this branch of knowledge, covering the most complete reflection of the matter of science, its concepts, categories, definitions, methods in certain connections, is constantly developing. The fundamental provisions, which make up the basis of the general theory are being updated and improved. The degree of the general theory formation reflects the current level of the development of criminalistics science itself. An integral part of the criminalistics general theory, its core are criminalistics doctrines (theories) that precede it or, conversely, are caused by it, and study only a certain range of objective reality patterns which are studied by criminalistics in general. The general theory of criminalistics could be considered as a system of different levels of generalization and direction of criminalistics’ doctrines, which collectively constitute the theoretical-methodological basis of that science. The system of criminalistics’ doctrines (theories) constitutes the content of the criminalistics general theory. Taking into account the results of the conducted analysis on scientific approaches, it is suggested to distinguish three levels of doctrines in the structure of general theory: 1) criminalistics’ teachings (theories) of scientific-study nature, covering scientific-study issues on an object, subject, methods, area of research, system, nature, conceptual apparatus and categories of criminalistics (the criminalistics language), its inter-scientific relations and place in the system of scientific knowledge, history of development and current state;2) criminalistics teachings (theories) of general scientific nature, which embrace studying the patterns which apply to the entire subject under study, included in it as a whole; 3) criminalistics teachings (theories) of the specific scientific nature, concerning the study of patterns relating to certain aspects of the criminalistics subject, revealing its essence and specificity. The differentiation of criminalistics teachings (theories) into different levels is conditioned primarily by the degree of community of the reflected by them elements of the cognition object, which is introduced by criminalistics itself, or the event of a crime, or crime investigation activities.


Author(s):  
Lidia Romanova ◽  
Valentina Zolotarova

The purpose of the article is to analyze and evaluate the current state of the domestic market of advertising services, tendencies of development of enterprises of the advertising sphere of Ukraine. Methodology. The domestic market for advertising services is quite young because it has actually started its active history since Ukraine gained independence, which has caused some peculiarities of its development and formation. As a result, the development of the market and its representatives has been undulating, yet at a rather dynamic pace compared to the advertising markets of other countries that have already had many years of experience and history of operation – during 1991-1993 more than 1000 different advertising campaigns were created in Ukraine. companies, including more than 400 companies have been created in the media. We should also take into account global trends, especially globalization, the development of information technology and the Internet, which are also influenced by the domestic advertising market, which in general have caused dramatic changes in the principles of activity of the entire existing advertising industry. In the course of the research were used: general scientific methods, in particular: systematic approach – to summarize data of the advertising sphere as a whole set of elements in a set of relations and relations between them; methods of systematization and forecasting – to determine the general tendencies of development of advertising sphere of Ukraine and enterprises of advertising sphere of Ukraine. The general tendencies of development of advertising sphere of Ukraine and enterprises of advertising sphere of Ukraine are substantiated. The main reasons that have had an impact and will have an impact on the activity of domestic advertising companies in the future are identified. The scientific novelty is to identify the main tendencies in the development of the advertising sphere of Ukraine and domestic enterprises of the advertising sphere, as well as the factors that influenced and influence their activity. The results of the study are aimed at ensuring the quality management of the activities of advertising companies and ensuring a high level of their competitiveness. They can be used to refine and / or revise strategic plans for development and activities, management principles of advertising businesses.


Author(s):  
Lidia Romanova ◽  
Valentina Zolotarova

The purpose of the article is to analyze and evaluate the current state of the domestic market of advertising services, tendencies of development of enterprises of the advertising sphere of Ukraine. Methodology. The domestic market for advertising services is quite young because it has actually started its active history since Ukraine gained independence, which has caused some peculiarities of its development and formation. As a result, the development of the market and its representatives has been undulating, yet at a rather dynamic pace compared to the advertising markets of other countries that have already had many years of experience and history of operation – during 1991-1993 more than 1000 different advertising campaigns were created in Ukraine. companies, including more than 400 companies have been created in the media. We should also take into account global trends, especially globalization, the development of information technology and the Internet, which are also influenced by the domestic advertising market, which in general have caused dramatic changes in the principles of activity of the entire existing advertising industry.In the course of the research were used: general scientific methods, in particular: systematic approach – to summarize data of the advertising sphere as a whole set of elements in a set of relations and relations between them; methods of systematization and forecasting – to determine the general tendencies of development of advertising sphere of Ukraine and enterprises of advertising sphere of Ukraine.The general tendencies of development of advertising sphere of Ukraine and enterprises of advertising sphere of Ukraine are substantiated. The main reasons that have had an impact and will have an impact on the activity of domestic advertising companies in the future are identified. The scientific novelty is to identify the main tendencies in the development of the dvertising sphere of Ukraine and domestic enterprises of the advertising sphere, as well as the factors that influenced and influence their activity.The results of the study are aimed at ensuring the quality management of the activities of advertising companies and ensuring a high level of their competitiveness. They can be used to refine and / or revise strategic plans for development and activities, management principles of advertising businesses.


Author(s):  
Valentyna Hodlevska ◽  

The purpose of the article is to cover the history and determine the relevance of Galician nationalism. The origin and development of the nationalist movement in the region is analyzed. In our study general scientific and special historical and political science methods were applied. The general scientific methods (deductive and inductive, analysis and synthesis) were used as specific cognitive tools necessary to implement the principles of historicism, systematicism and objectivity. The general and special historical methods (historical-typological, statistical, comparative-historical, problem-chronological) allowed us to make a comprehensive analysis of the problem of Galician nationalism. The scientific novelty of the work lies in the fact that the author, for the first time in the national historical science, analyzes the features of Galician nationalism, the history of its development and the current state. Galician nationalism took shape in the 19th century. Among the predecessors of Galician nationalism, three movements can be distinguished: provincialism, federalism, and regionalism. Provincialism (later called Galicianism) was a movement that emerged in 1840 with the aim of protecting the integrity of the territory of Galicia. Regionalism became an intermediate phase in the evolution of the Galician movement between provincialism and nationalism. Galician federalism began to develop in 1865. The federalists argued that Galicia should be formed as a canton within Spain and that it be governed by its own cantonal constitution. Conclusions. As one of the four historic autonomous regions of Spain (along with Catalonia, the Basque Country and Andalusia), Galicia is significantly different in its understanding of its own nationalism. While Catalonia and the Basque Country strive for even greater independence, including threats of secession from the state, the nationalist movement in Galicia is becoming less tangible.


2021 ◽  
Vol 22 (8) ◽  
pp. 951-964
Author(s):  
LYU HONGYING

Subject. This paper examines the history of accounting in China, describes the main characteristics of its development in different periods of time and the prospects for its further development. Objectives. The paper aims to consider the history of the development of accounting in China. Methods. For the study, I used analysis, synthesis, and other general scientific methods. Conclusions. Accounting in China has undergone an evolutionary path of development from simple to complex, from ancient to modern, from single-entry bookkeeping to double-entry bookkeeping under the influence of various factors: economic, political, legal, social, cultural, and technological. According to the characteristics of development, the history of accounting can be divided into three main stages: accounting in Ancient China, accounting in the new period, and accounting in modern times. In different eras, accounting had different time characteristics. Accounting must get adapted to the needs of modern society and get improved along with its socioeconomic development.


Author(s):  
Maria Reshnyak ◽  
Viktor Gladkikh

The purpose of this study is to apperceive the current challenges of criminal liability for corruption offences differentiation and, on this basis, to develop scientifically based proposals to address these problems and improve the effectiveness of criminal law anti-corruption measures. The object of the study is public relations associated with the formation and application of differentiated criminal legal anti-corruption measures. The subject of the study is the current legislation challenges, theory and practice in terms of a differentiated approach to the establishment and implementation of criminal liability for corruption offences. The methodological basis of the study comprises general, general scientific and special scientific methods of cognition, including the method of legal modelling. This scientific article reflects the results of a study of the current criminal legislation on liability for corruption offences, an analysis of judicial statistics and theoretical works referring to the issues under consideration, and contains specific proposals for further liability differentiation. The outcome of the study is a scientifically substantiated conclusion that the available differentiation of criminal liability for corruption offences is not fully aligned with the interests of the state and society in anti-corruption efforts. Furthermore, it does not comply with the equitable principle of criminal liability, indicating the advisability of elaboration of a set of measures to improve criminal legislation in this field.


2021 ◽  
Vol 2 (5) ◽  
pp. 147-151
Author(s):  
Madinat Yunuskadievna Jamaludinova ◽  
Raisat Nabievna Sadrudinova ◽  
Marina Rasulovna Minatullaeva

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