scholarly journals PROBLEMS OF SPECIFICATION OF CRIME RELATED TO THE INVOLVEMENT OF A MINOR IN CRIMINAL ACTIVITIES

2021 ◽  
Vol 6(72) (3) ◽  
pp. 150-157
Author(s):  
V. А. Merkazova
Keyword(s):  
The State ◽  
Armed Attack ◽  
Revolutionary Movement ◽  
A Minor ◽  
Criminal Legislation ◽  
Criminal Gang

The article presents an analysis of the norms of pre-revolutionary criminal legislation (Code of Criminal and Correctional Punishments of 1885), regulating such a form of criminal complicity as a «gang». The article shows the position of the legislator, who actually brought together the elements of crimes committed by a criminal gang (primarily property robbery) and crimes against the state in the form of an armed attack on «volost and public administrations». The conclusion is made that, taking into account the strengthening of the revolutionary movement at the turn of the 19th and 20th centuries, the increased social danger of armed criminal gangs dictated the need to separate an independent corpus delicti, which was done, but after 1917, by the Soviet legislator in the form of banditry.

scholarly journals «GANG» AS A FORM OF CRIMINAL COMPLIANCE IN PRE-REVOLUTIONARY CRIMINAL LEGISLATION (IN THE CONTEXT OF THE FOLLOWING TRANSFORMATION IN THE «BAND»)

2021 ◽  
Vol 6(72) (3) ◽  
pp. 142-149
Author(s):  
P.V. Maksimov
Keyword(s):  
The State ◽  
Armed Attack ◽  
Revolutionary Movement ◽  
Criminal Legislation ◽  
Criminal Gang

The article presents an analysis of the norms of pre-revolutionary criminal legislation (Code of Criminal and Correctional Punishments of 1885), regulating such a form of criminal complicity as a «gang». The article shows the position of the legislator, who actually brought together the elements of crimes committed by a criminal gang (primarily property robbery) and crimes against the state in the form of an armed attack on «volost and public administrations». The conclusion is made that, taking into account the strengthening of the revolutionary movement at the turn of the 19th and 20th centuries, the increased social danger of armed criminal gangs dictated the need to separate an independent corpus delicti, which was done, but after 1917, by the Soviet legislator in the form of banditry.

PROBLEMS OF THEORY AND PRACTICE OF GOVERNMENTAL PROTECTION OF RIGHTS AND INTERESTS OF MINORS

2018 ◽  
pp. 149-156
Author(s):  
Mariya Sergeyevna Semikina
Keyword(s):  
Criminal Policy ◽  
Legal Protection ◽  
The State ◽  
Theory And Practice ◽  
Normative Documents ◽  
The Family ◽  
Rights And Interests ◽  
National Programs ◽  
A Minor ◽  
Criminal Legislation

We analyze normative documents of the Russian Federation, regulating the protection of the rights and interests of a minor, allowed to form some problems of his proper legal protection. In particular, we are talking about the presence of shortcomings inherent in the domestic criminal legislation, which, of course, generates further problems of law enforcement. Attention is focused on some, in our opinion, significant shortcomings, indicating the inconsistency of the essence and content of the normative provisions of modern directions of criminal law policy in terms of protection of minors from the most common socially dangerous attacks at the present time. Special attention is paid to the effectiveness of national mechanisms to ensure and protect the rights and interests of children through the implementation of national programs and projects. The plan of the main activities up to 2020, carried out within the framework of the Decade of childhood, presented for analysis, focuses on the neutralization of social and domestic problems. The complex of diverse measures has been developed and approved taking into account modern requirements to the process of full socialization of a teenager in the family, society and the state. However, against the background of the progressing unfavorable trends in the state program, the need to focus on the mechanism of prevention and combating criminal threats, the victims of which are children, is completely ignored. In this connection, it is concluded that it is necessary to improve the legislation acting as the basis of social and criminal policy for the protection of children.

The Open Society and the Democracy to Come: Bergson, Deleuze and Guattari

2016 ◽  
Vol 10 (3) ◽  
pp. 352-366 ◽  
Author(s):  
Bruce Baugh
Keyword(s):  
Political Philosophy ◽  
The State ◽  
Open Society ◽  
Minor Literature ◽  
Deleuze And Guattari ◽  
The People ◽  
To Come ◽  
Polar Opposite ◽  
A Minor ◽  
Gain Access

In Bergsonism, Deleuze refers to Bergson's concept of an ‘open society’, which would be a ‘society of creators’ who gain access to the ‘open creative totality’ through acting and creating. Deleuze and Guattari's political philosophy is oriented toward the goal of such an open society. This would be a democracy, but not in the sense of the rule of the actually existing people, but the rule of ‘the people to come,’ for in the actually existing situation, such a people is ‘lacking’. When the people becomes a society of creators, the result is a society open to the future, creativity and the new. Their openness and creative freedom is the polar opposite of the conformism and ‘herd mentality’ condemned by Deleuze and Nietzsche, a mentality which is the basis of all narrow nationalisms (of ethnicity, race, religion and creed). It is the freedom of creating and commanding, not the Kantian freedom to obey Reason and the State. This paper uses Bergson's The Two Sources of Morality and Religion, and Deleuze and Guattari's Kafka: For a Minor Literature, A Thousand Plateaus and What is Philosophy? to sketch Deleuze and Guattari's conception of the open society and of a democracy that remains ‘to come’.

Three Years Later: Report on the State of Well-Being of Patients with Chronic Tinnitus Who Underwent Modified Tinnitus Retraining Therapy

2014 ◽  
Vol 20 (1) ◽  
pp. 26-38 ◽  
Author(s):  
Claudia Seydel ◽  
Heidemarie Haupt ◽  
Agnieszka J. Szczepek ◽  
Anne Hartmann ◽  
Matthias Rose ◽  
...  
Keyword(s):  
Management Strategies ◽  
Well Being ◽  
The State ◽  
Chronic Tinnitus ◽  
Tinnitus Retraining Therapy ◽  
Psychometric Instruments ◽  
Important Health ◽  
Retraining Therapy ◽  
Treatment Onset ◽  
A Minor

Successful management of patients with chronic tinnitus is an important health issue. One of the tinnitus management strategies used at our Tinnitus Center is a combination of tinnitus retraining therapy (TRT) with physiotherapy and psychological management [called modified TRT (MTRT)]. We have used this type of management for over a decade and have described the protocol in detail elsewhere. In the present study, we wanted to determine the effect of MTRT on the well-being of tinnitus patients 3 years after treatment onset. One hundred and thirty patients with chronic tinnitus were assessed using psychometric instruments immediately before 7-day MTRT, immediately after the therapy and 3 years later. Patients with very severe tinnitus-related distress associated with major depression and a risk of suicide were excluded from this study. MTRT resulted in a sustained reduction of tinnitus-related distress. Moreover, the quality of life of patients had increased, as assessed by a separate questionnaire. The effect of MTRT was influenced by the degree of tinnitus-related distress and by the patients' age, the latter being gender dependent. Hearing loss and tinnitus duration had only a minor influence on the therapeutic effect. Taken together, we report a positive change in the state of well-being of patients with chronic tinnitus measurable with various psychometric instruments 3 years after the onset of MTRT. i 2014 S. Karger AG, Basel

scholarly journals Confiscation of property as a criminal punishment

2021 ◽  
pp. 64-82
Author(s):  
М.Ф. Гареев
Keyword(s):  
National Security ◽  
Russian Federation ◽  
Criminal Law ◽  
The State ◽  
Criminal Punishment ◽  
Legal Nature ◽  
Legislative Regulation ◽  
The Russian Federation ◽  
Criminal Legislation

В статье рассматривается и обосновывается необходимость возобновления в уголовном праве института конфискации имущества в качестве уголовного наказания. Необходимость его возобновления обусловлена наличием ряда преступных деяний, представляющих угрозу обществу, государству, национальной безопасности Российской Федерации. В настоящее время законодательная регламентация конфискации имущества в качестве иной меры уголовноправового характера, вызванная неопределенностью его сущности, целевых установок и механизма назначения, не выполняет предупредительную задачу, установленную уголовным законодательством. The article discusses and substantiates the need to renew the institution of confiscation of property in criminal law as a criminal punishment. The need to resume it is due to the presence of a number of criminal acts that pose a threat to society, the state, and the national security of the Russian Federation. Currently, the legislative regulation of the confiscation of property as another measure of a criminal-legal nature, caused by the uncertainty of its essence, targets and the mechanism of appointment, does not fulfill the preventive task established by the criminal legislation.

scholarly journals Parties in civil lawsuits according to provisions of legislation on civil procedure of Serbia from 1865

2020 ◽  
Vol 54 (4) ◽  
pp. 1273-1283
Author(s):  
Maša Kulauzov
Keyword(s):  
Civil Procedure ◽  
Third Parties ◽  
The State ◽  
Legal Capacity ◽  
Legal Representative ◽  
Civil Lawsuits ◽  
A Minor

The article sheds light on provisions of Code of Civil Procedure from 1865 concerning parties in civil lawsuits. Beside plaintiff and defendant, position of third parties in litigation such as intervener, guardian of a minor or an adult deprived of legal capacity, as well as of legal representative (i.e. attorney) was also carefully scrutinized in this paper. As being fully aware of their significance, the author of the Code, minister of justice Rajko Lešjanin dedicated 33 paragraphs to parties in civil lawsuits. They had been very attentively drafted after thorough and detailed discussion between the author of the draft and the State Council's Commission. Legal capacity of litigants and their representation before courts of law is especially meticulously regulated. Aforementioned provisions (except for paragraph 65 that was somewhat revised in 1900) remained intact during the whole period that the Code was in force. Minister of justice Stojan Novaković, however, in his draft from 1872 proposed amendments and supplements to the two articles regarding the course of time during which intervener should be allowed to join ongoing litigation and ability of parties in lawsuit to appoint more than one legal representative but, since Novaković's document was never enacted, these articles were left unrevised.

scholarly journals The Motive Of Crime In Foreign Law: A Comparative Legal Analysis

2019 ◽  
pp. 145-154
Author(s):  
Yu.V. Leka
Keyword(s):  
Legal Status ◽  
State Level ◽  
Minor Element ◽  
Legal Analysis ◽  
Foreign Countries ◽  
European Standards ◽  
Basic Approaches ◽  
A Minor ◽  
Criminal Legislation ◽  
Subjective Side

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.

DEVELOPMENT OF UKRAINIAN CRIMINAL LEGISLATION ON RESPONSIBILITY FOR TERRORISM

2017 ◽  
Author(s):  
Anastasiia Bedrata ◽  
◽  
Alina Nikolyuk ◽  
Keyword(s):  
Rapid Development ◽  
National Level ◽  
Global Scale ◽  
Criminal Code ◽  
The State ◽  
Political Position ◽  
National Minorities ◽  
Preventive Actions ◽  
Criminal Offenses ◽  
Criminal Legislation

The article examines the historical development and the process of formation of criminal legislation of Ukraine, the commission of criminal offenses in the field of terrorism. A comparative analysis of the criminal codes of 1927 1960 and 2001 was carried out in terms of articles that establish responsibility for a terrorist act. The question of differentiation of terrorist crimes from other similar ones is considered. These issues are becoming increasingly important in connection with the escalation of tensions both at the national level and in the international arena, in particular: due to the growth of radical adherents of religion, opponents of the current government in different countries, individuals of traditional views. refuse to accept the liberalization and empowerment of national minorities. However, despite the rapid development of the popularity of this issue on a global scale, special attention in this article should be focused on the development of national regulations on the issue of defining the concept of terrorism. Outline the preventive actions that the state of Ukraine can take to prevent the spread of these crimes. The urgency of this issue in Ukraine is due to various factors, and in particular: the unstable economic situation in the country, which depresses citizens, trampling them on a criminal path for easy profit; It is also worth noting the unstable political situation in the state, which leads to the emergence of opposition-minded citizens who are unable to be heard peacefully. At rallies and protests are forced to resort to more radical manifestations of their political position. As a result of the research conducted in the article, it was established how the national criminal legislation developed in terms of terrorist crimes, analyzed the content, established what disadvantages and advantages can be found in the criminal codes of 1927 1960 and 2001, proposed options for improving the legislation, as well as Proposals for Changing the Hierarchy of Values during the development of the new Criminal Code, the draft of which has already been developed on its own initiative. Groups of lawyers and scholars in the field of law.

The National Front (II)

2019 ◽  
pp. 254-285
Author(s):  
James Loughlin
Keyword(s):  
Northern Ireland ◽  
The State ◽  
National Front ◽  
Revolutionary Movement ◽  
Sectarian Violence ◽  
Irish Government ◽  
The Creation ◽  
The Government ◽  
Limited Scope ◽  
Advisory Role

This chapter assesses the state of the National Front as it sought to contribute to the loyalist/Unionist struggle against the imposition of the Anglo-Irish Agreement (AIA), an agreement reached between the British and Irish Governments, and which infuriated the loyalist and Unionist community as the Irish Government was given an advisory role in the governance of Northern Ireland, and worrying because it was uncertain whether and when such ‘influence’ would be instrumental or marginal. Opposition involved cooperation with loyalist paramilitaries but proved worrying when loyalist paramilitaries resorted to sectarian violence. For the NF, however, its already limited scope for action in Northern Ireland was reduced further by an internal split provoked by a new leadership cadre headed by Nick Griffin, which sought to turn the organisation into a revolutionary movement proposing the creation of an independent Ulster, and opposed by a ‘Flag’ faction which sought co-operation with Unionist and loyalist leaders. As Unionist opposition to the AIA failed and Government rejected its position that it would refuse to negotiate until the agreement was abandoned. By 1990 Unionist leaders had agreed to talks with the Government at the same time as divisions within the NF led to its collapse.

From Migrants to Masters of the Middle East

2020 ◽  
pp. 27-64
Author(s):  
Nikolaus Leo Overtoom
Keyword(s):  
Middle East ◽  
Cultural Factors ◽  
The State ◽  
International Environment ◽  
A Minor ◽  
Power And Influence

This chapter considers the reasons for the success of the Parthians in their rise from a minor nomadic group to a dominant imperial force. It analyzes the most important cultural factors of the early Parthian state, namely the versatility of Parthian society, the innovations of the Parthian military, and the early Arsacids’ ability to manage and exploit these qualities to the benefit of the state through their capable leadership and dynastic stability. These important qualities of the Parthian state established the exceptional advantages the Parthians needed to create, maintain, and expand their power and influence within the hotly contested and dangerously competitive international environment of the Hellenistic Middle East.

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