scholarly journals SOCIAL CAUSALITY, FOUNDATIONS AND PRINCIPLES OF CRIMINALIZATION OF THE CREATION OF A TERRORIST COMMUNITY AND PARTICIPATION IN IT

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 342-348
Author(s):  
E.V. Gubanova
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Social Assessment ◽  
The Public ◽  
Theoretical Substantiation ◽  
The Social ◽  
The Creation ◽  
Community Creation ◽  
Social Causality

The article is devoted to the analysis, theoretical substantiation of the establishment of criminal responsibility for acts related to the creation and participation in a terrorist community, as well as an analysis of the social causality of the criminalization of a terrorist community creation and participation in it. The article reveals the purpose and grounds for the criminalization of this activity. The author has paid special attention to the principles of criminalization and their compliance with the decision of the legislator to establish criminal liability for the creation of a terrorist community and participation in it. Attention is paid to the public danger of creating a terrorist community and participation in it, on which the social assessment of criminal acts is based.

scholarly journals Criminal Liability for Knowingly Unlawful Sentence, Decision or Other Judicial Act

2020 ◽  
Vol 17 (3) ◽  
pp. 93-102
Author(s):  
Pavel Metelsky ◽  
Nadezhda Verchenko
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Prosecution ◽  
The Public ◽  
History Of ◽  
The Subject ◽  
The Russian Federation ◽  
Considerable Complexity

Introduction. The publication is devoted to the corpus delicti, provided for by Art. 305 of the Criminal Code of the Russian Federation, which, being, in fact, a special type of official abuse, stands out as the direct object of a criminal assault and a special subject, since it can be committed exclusively by professional judges. The main features of the objective and subjective parties, qualifying signs of the offense are revealed, some problems that arise when applying this criminal law are outlined. Purpose. The goal is to analyze the design features of the crime and issues that arise when applying this rule. Methodology. The method of a formal legal analysis of the norms of the criminal law and theoretical provisions on problems directly related to the application of this rule was used. Results. The public danger of a criminal act that undermines the very foundations of justice is obvious, in connection with which it stands out as an independent crime by all the Russian Criminal Codes, starting in 1922, the history of criminal responsibility for its commission can be traced in our country in general since the 16th century. The current criminal law prohibition is characterized by considerable complexity, due to both the blanket nature of the disposition of the norm itself and the presence of discrepancies in the understanding of the signs embodied in it. Conclusion. The implementation of criminal liability for this crime involves the establishment of not only circumstances directly related to the corpus delicti that lie in the criminal law field. The subject of an infringement, a judicial act, must be subjected to procedural review without fail, after which, subject to the consent of the Higher Qualification Collegium of Judges of the Russian Federation, in fact, and the mechanism of criminal prosecution is “launched”. That is, a truly “multi-way” combination of actions is necessary, carried out in several stages, and the problem itself to some extent becomes interdisciplinary, going beyond only criminal law.

scholarly journals Constraints by the Public Prosecutor in Proving Aspects of Criminal Liability for Narcotics Criminals with Undercover Buy Techniques

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Trynalia Slamet Tri Wahyudi ◽  
Keyword(s):  
Criminal Responsibility ◽  
Negative Impact ◽  
Criminal Liability ◽  
Law Enforcement Officers ◽  
External Factors ◽  
Advanced Technology ◽  
Public Prosecutor ◽  
Internal Factors ◽  
The Public ◽  
Internal And External Factors

Narcotics crime is one of the extraordinary crimes. In addition to the negative impact it causes, the disclosure of narcotics crimes is not easy because it is transnational in nature, is carried out in secret, organized, uses various modus operandi and uses advanced technology. Therefore, the Law on Narcotics regulates investigative techniques that can be used to uncover narcotics crimes, one of which is an undercover buy investigation technique. However, this technique sometimes also leaves its own problems in its implementation. The objective of this study is to identify and explain the various constraints faced by the Public Prosecutor in proving aspects of criminal responsibility for narcotics criminals, especially those carried out with the undercover buy technique. This paper using a normative research type through a statutory approach and a case approach. This study explains that the Public Prosecutor still has problems in proving aspects of criminal responsibility for narcotics criminals, both from internal and external factors. The constraints from internal factors was that the Public Prosecutor was not careful in checking the completeness of the formal. Meanwhile, external factors, namely investigators did not provide actual information regarding the completeness of the material submitted in the first stage of file submission. Therefore, it is necessary to improve the regulation and coordination between law enforcement officers in terms of proving the accountability aspects of narcotics criminals using undercover buy techniques.

scholarly journals The Citizen Professional, Mediatization, and the creation of a Public Domain

2018 ◽  
Vol 9 (3) ◽  
pp. 279-306 ◽  
Author(s):  
Karin Christof
Keyword(s):  
Housing Stock ◽  
Public Domain ◽  
Welfare States ◽  
The Public ◽  
Spatial Concept ◽  
Physical Environments ◽  
The Social ◽  
The Creation ◽  
Governmental Institutions ◽  
Lived Spaces

Situated within the transition experienced by our welfare states, citizens have become ever more involved in the re-use of derelict public housing stock throughout Europe. These citizens are tentatively to be called ‘citizen professionals’ in the urban realm, a term that serves as a sensitizing concept to explore the social worlds of their contributions to the public domain. Employing various types of media to communicate their progress and success, these urban actors seek to gain the trust of the neighborhood and governmental institutions to sustain their projects within a broader community. Just as the media influence and structure cultural domains and society as a whole, the social-cultural activities carried out by citizen professionals in the public domain are mediatized not only by the actors themselves, but also by municipal organizations, policy workers, and governmental institutions. Grounding mediatization as a socio-spatial concept within empirical practice, the article examines the practices of citizen professionals and describes how they endeavor to attain public acknowledgment by representing their projects as showcases within a public domain. The article builds on pilot interviews conducted in Rotterdam (NAC, Reading Room West) and Vienna (Paradocks) to expound on the projects as lived spaces between mediatized and physical environments. Positioning citizen professionals within contemporary developments in the urban field, the article then investigates the underlying values of the spatial interventions, as well as how governmental bodies relate to their practices. Seen through the lens of mediatization, the article provides insights into how citizen professionals employ their social imaginaries and mobilize their activities around their agenda regarding the creation of a public domain.

Public School Elites in Early-Victorian England: The Boys at Harrow and Merchant Taylors' Schools from 1825 to 1850

1982 ◽  
Vol 21 (2) ◽  
pp. 87-117 ◽  
Author(s):  
Edward A. Allen
Keyword(s):  
Public Schools ◽  
Public School ◽  
Middle Class ◽  
Victorian England ◽  
Middle Classes ◽  
The Public ◽  
Social Elite ◽  
The Social ◽  
The Creation ◽  
The One

Historians agree that the public schools played a central role in the creation of Victorian society and that in particular they were seminal in the construction of that “mid-Victorian compromise” which made the mid-century an era of “balance,” “equipoise,” and accommodation. There is further agreement that the cadre of boys produced by the newly reformed public schools became that mid-Victorian governing and social elite which was at once larger, more broadly based, more professional and, to many, more talented than the one which preceded it. The importance of the public schools in this regard was, as Asa Briggs affirms, twofold. They assimilated the “representatives of old families with the sons of the new middle classes,” thereby creating the “social amalgam” which, in Briggs' view, “cemented old and new ruling groups which had previously remained apart.” Secondly, the singular expression of that amalgamation was an elite type, the “Christian Gentleman”—the result of an “education in character” administered under the influence of Dr. Arnold. Arnold was able to do this because he “reconciled the serious classes” (that is, the commercial middle class) “to the public schools,” sharing as he did “their faith in progress, goodness, and their own vocation.” At first, the schools “attracted primarily the sons of the nobility, gentry and professional classes.” Later, it was the “sons of the leaders of industry” who were, like earlier generations of boys, amalgamated with “the sons of men of different traditions” in a broadened “conception of a gentleman.”

scholarly journals Social Impact Management Assessment of Urban Flood is important-especially in Surabaya-Wonokromo and Surabaya-Brangkal

2020 ◽  
Vol 1 (2) ◽  
pp. 69-76
Author(s):  
Soleh Soleh ◽  
Mohammad Sofyan
Keyword(s):  
Flood Control ◽  
Social Impact ◽  
Social Issues ◽  
Urban Flood ◽  
Social Assessment ◽  
The Public ◽  
Gender And Education ◽  
The Social ◽  
Community Expectations ◽  
Flood Control Infrastructure

social assessment is a process that ensures that the execution of action reasonably informed and considered the critical social issues that are relevant, as well as providing a participation strategy for involving stakeholders at large. Socialization and Enforcement of laws and regulations related to particularly riverside following the normalization of physical development plan/development Wonokromo River flood control infrastructure and Brangkal should use a local culture aligned with the socio-economic, gender, and education of local people issues social surfaced in every area of study and assessment of the following community expectations and their advice on the results of the social assessment. In light of this, it expected that pre-construction, construction, and post-construction could be well supported by social security by the carrier the benefit of both the public, private, and government.

scholarly journals HUKUMAN CAMBUK TERHADAP KONTROL SOSIAL

2019 ◽  
Vol 4 (II) ◽  
pp. 166-180
Author(s):  
Indis Ferizal
Keyword(s):  
Islamic Law ◽  
Legal Culture ◽  
The Public ◽  
The Social ◽  
Social Controls ◽  
The Creation ◽  
The Government

Caning applied in Aceh is one of the social controls and the form of punishment is expected to fulfill the philosophical, juridical and sociological tendencies of legal awareness. Caning is one form of punishment that is also expected to foster a lawful attitude and the creation of an orderly society. According to Islamic law that punishment is for the benefit of the Ummah and educate the person of the perpetrator of the crime. Basically It is not easy to do efforts to increase legal awareness and the development of a legal culture in the community without encouragement from individual communities themselves. This should be of particular concern by the government to be more serious in conducting socialization so that legal awareness can be understood and implemented by the public properly.

Characteristics of Criminal Responsibility for the Participation of Citizens of the Republic of Kazakhstan in Foreign Armed Conflicts

2018 ◽  
Vol 9 (1) ◽  
pp. 313
Author(s):  
Yernar T. TASKYN ◽  
Yerzhan M. BIMOLDANOV
Keyword(s):  
Public Relations ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Armed Conflicts ◽  
Theoretical Development ◽  
Independent Research ◽  
The Public ◽  
Domestic Legislation ◽  
Foreign Conflicts ◽  
The Republic

The article examines the characteristics of the participation of citizens of the Republic of Kazakhstan in foreign conflicts as an object of criminal investigation. The mechanisms for the emergence of foreign armed conflicts, as well as the reasons and conditions that facilitate the participation of citizens of the Republic of Kazakhstan, have been examined. In the course of the study of international legislation and international experience in regulating public relations in this area, specific recommendations and methodology for studying of the participation of citizens of the Republic of Kazakhstan in foreign conflicts have been developed as an independent research object. Due to the lack of legal means for bringing persons who took part in fighting abroad to responsibility, the criminal liability of citizens for involvement in armed conflicts in the territory of foreign states was introduced in domestic legislation. The authors of the study identified the public danger of the crime, which meant that citizens of Kazakhstan, when returning to their home country, by acquiring a subversive-terrorist experience, could contribute to the commission of crimes directed against the national security of the Republic of Kazakhstan. According to the findings of the study, successful and effective opposition to the participation of citizens of the Republic of Kazakhstan in foreign conflicts depends largely on the degree of theoretical development of the considered problem.

scholarly journals ANALYSIS OF CRIMINAL RESPONSIBILITY OF CRIMINAL ACTIVITIES OF THE EIGHTS AND EXTENSION OF CAR (Study of Decision Number 839/Pid.B/2018/PN.Tjk Year 2018)

2019 ◽  
Vol 1 (01) ◽  
pp. 59-67
Author(s):  
Alan Ridwan
Keyword(s):  
Criminal Responsibility ◽  
Criminal Liability ◽  
Public Prosecutor ◽  
Fast Time ◽  
Legal Norms ◽  
Legal Principles ◽  
The Public ◽  
Research Problems ◽  
Law And Justice ◽  
Case Number

One of the crimes concerning the misuse of car vehicles is the crime of embezzling cars as the crime is rampant in Indonesia, one of which is in case Number 839/Pid.B/2018/PN.Tjk in 2018. The problem in research is why the perpetrators commit criminal acts embezzlement and imposition of cars based on Decision Number 839/Pid.B/2018/PN.Tjk and how the criminal responsibility of the perpetrators of criminal acts of embezzlement and detention of cars is based on Decision Number 839/Pid.B/2018/PN.Tjk. The research method uses a normative and empirical juridical approach, the normative juridical approach is carried out by studying legal norms or rules, legal principles, while the empirical approach is carried out by direct interviews with informants who will relate to research problems, data analysis used is qualitative analysis. The results of the study indicate that the factors causing the perpetrators to commit criminal acts of embezzlement and car detention are based on Decision Number 839/Pid.B/2018/PN.Tjk opportunity factors and economic needs factors. This factor is due to the defendant's desperate need for a certain amount of money at a fast time so that the defendant made a shortcut by making embezzlement and overcoming the car. The criminal liability of the defendant who commits a crime of manipulating and imposing a car based on Case Number 839/Pid.B/2018/PN.Tjk Year 2018 is that the sentence of imprisonment for 8 (eight) months is reduced as long as the defendant is temporarily detained. detained. Suggestions, for the Judges in carrying out the consideration prioritize a sense of justice for victims, defendants and the public. In addition, judges should carefully pay attention to matters that can alleviate or incriminate defendants other than judges who have also been given the freedom to make decisions in order to enforce law and justice so that judges do not have to depend on public prosecutors' demands in determining crimes for defendants. To the Public Prosecutor in applying the criminal or in giving a claim to the defendant must be appropriate or in accordance with the actions of the defendant because this is the judge's reference in making his decision. In addition, the Public Prosecutor should also have material legal knowledge so that there are no more errors or nonconformities in applying the crime against the accused.

scholarly journals Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation

2020 ◽  
Vol 17 (3) ◽  
pp. 356-366
Author(s):  
Elena Kalashnikova
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Code ◽  
Economic Security ◽  
The State ◽  
The Public ◽  
The Russian Federation

The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code of the Russian Federation), as an obligatory sign of a crime, revealing its social nature and social conditionality of the criminal liability under article 226-1 of the Criminal Code of the Russian Federation, depending on the extent and nature of public danger of the given kind of crimes. The social assessment of an act as a crime is based on its social danger, which is legally established in a normative legal act (Federal law) adopted in accordance with the established procedure and included in the criminal code of the Russian Federation. Attention is drawn to the fact that the public danger of smuggling is a threat to the foreign economic security of Russia. At the same time, there is a public danger of illegal movement across the customs border of the EEU (the customs border of the Customs Union within the framework of the EEU) of items specified in art. 226-1 of the Criminal Code of the Russian Federation is primarily concerned with causing harm to market economic relations developing in the EEU area, which forms a single customs territory, as well as causing material damage to the state in the form of unpaid customs payments, death or damage to particularly valuable wild animals and aquatic biological resources as contraband items. Smuggling as a negative social phenomenon includes the organization of activities related to violation of the customs and border regime. In the context of globalization and the development of market relations, smuggling is still the most common and most dangerous of customs crimes. Accordingly, the existence of a criminal law ban on its Commission remains socially conditioned, since it is a deterrent that allows the state to respond adequately to these types of criminal behavior.

scholarly journals A atribulada criação da Biblioteca Pública de Braga e o seu arrojado bibliotecário limiano

2020 ◽  
Author(s):  
Paula Sequeiros
Keyword(s):  
Cultural History ◽  
Social Economic ◽  
Public Libraries ◽  
Public Library ◽  
Professional Life ◽  
The Public ◽  
Modern Times ◽  
The Social ◽  
History Of ◽  
The Creation

The creation of the Public Library of Braga, one of the first of the modern times in Portugal, and a brief sociobiography of Manoel Rodrigues da Silva Abreu, the first librarian, are here presented within the context of the social, economic, cultural and political power relations of the initial decades of the Library’s history.Some episodes of the creation and of the consolidation of the Library, as well as some episodes of the librarian’s professional life will be outlined to facilitate a wider reading. While building from specificity, the analysis and interpretation of this case enclose an explanatory capacity addressed at a wider framework, in what concerns both the history of public libraries in Braga, and the understanding of the cultural history of this period in Braga and in Portugal.

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