Qualification Errors: Nature, Patterns, Types, Consequences

2020 ◽  
Vol 2 (1) ◽  
pp. 162-188
Author(s):  
V. K. Andrianov ◽  
Keyword(s):  
Law Enforcement ◽  
Theoretical Basis ◽  
Legal Theory ◽  
Good Reason ◽  
Social Consequences ◽  
Point Of View ◽  
Natural Phenomenon ◽  
General Description ◽  
Russian Scientific ◽  
Judicial Errors

Introduction. The need to study qualification errors is based on the fact that they are not accidental at all, but a completely natural phenomenon. It should be understood that any human activity, especially one related to cognition, carries with it the risk of error (“еrrаrе humanum est” – “to err is human”). Therefore, from a social point of view, it is quite natural that qualification errors were made in the past, take place in the present and, unfortunately, are inevitable in the future. On the other hand, since the errors themselves, and their causes and consequences, can be typified and categorised, there is a good reason to talk about their specific laws. In addition, in Russian scientific literature, quite a lot of attention is paid to the study of such generic concepts as “legal error”, “law enforcement error”, “investigative error”, “judicial error”, all of which provide a general description of qualification errors, as well as an analysis of the application of specific criminal law institutions and norms that directly characterize qualification errors. This can not be said about the specific characteristics of qualification errors. Theoretical Basis. Methods. The theoretical basis of the study was the work on the problems of qualification of crimes, as well as work in the field of legal theory, dedicated to law enforcement errors. The methodological basis was the principles of the dialectical method of knowledge, general science (analysis, synthesis, induction, deduction, classification, description) and “chastnonauchnogo” (comparative legal, sociological, system-structural, formal-logical) methods. Results. The article reveals the signs characterizing qualification errors, based on the analysis and generalization of judicial practice. Their detailed systematization is carried out, and the legal and social consequences of qualification errors are highlighted and classified. Discussion and Conclusion. The significance of the study lies in the fact that its results can contribute to the development of general theoretical ideas about the legal, law enforcement, investigative and judicial errors, enrich the teaching of qualification of crimes and qualifying error, and create a basis for improving enforcement.

scholarly journals Administrative penology: the issues of legal theory

2021 ◽  
Vol 5 (1) ◽  
pp. 202-211
Author(s):  
S. N. Shaklein
Keyword(s):  
Law Enforcement ◽  
Moral Education ◽  
Deviant Behavior ◽  
Legal Theory ◽  
Point Of View ◽  
Final Decision ◽  
Administrative Punishment ◽  
The Subject ◽  
And Behavior ◽  
The Impact

The subject. The article is devoted to the analysis of the effectiveness of administrative punishment enforced to persons with deviant behavior of an immoral orientation, and the development of proposals for improving the effectiveness of administrative punishment from a penological point of view. The subject of the research is administrative punishment and the legally fixed type and limits of administrative-tort sanctions, which allow administrative jurisdiction bodies and courts to enforce a specific type and measure of administrative punishment aimed at forming the legality of the behavior of an administrative delinquent. The purpose of the article is to confirm or disprove hypothesis that increasing the effectiveness of administrative punishment will significantly reduce the repetition of administrative offenses due to the educational impact on the consciousness and behavior of administrative delinquents, their moral education. The author analyzes the effectiveness of administrative fine by the repetition of administrative offenses (on all-Russian and regional statistics) and develops proposals for improving the effectiveness of administrative punishment. The methodology. The results of this research were achieved through the use of general scientific methods in the framework of observation, comparative, logical interpretation of legal acts, statistical analysis as well as through the analysis of law enforcement practice. The main results. The analysis of law enforcement practice has shown the ineffectiveness of the administrative punishment imposed on persons with deviant behavior of an immoral orientation. In this regard, the author suggests penological conditions for improving the effectiveness of rule-making and law enforcement practice, points out the need to ensure interaction and cohesion of jurisprudence, sociology of law and legal psychology, methods of persuasion and coercion in the development and application of administrative sanctions measures. It provides maximum flexibility of the final decision, the possibility of taking into account legal, social, psychological, economic and other nuances of the case in order to maximize the impact on the consciousness and behavior of a person for his subsequent correction and re-education, the formation of a persistent habit of lawful behavior. The author also proposes to provide for administrative liability for failure to comply with official warnings about the inadmissibility of actions creating conditions for commission of crimes, of administrative offences or of the inadmissibility of the continuation of antisocial behavior. Conclusions. The issues of increasing the effectiveness of the appointment and execution of administrative punishment need increased attention of the state and urgently require a targeted approach to punishment first of all. 

scholarly journals Interest and Need: Critical Look at their Identification in Russian Law

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 91-105
Author(s):  
A. G. Malinova
Keyword(s):  
Law Enforcement ◽  
Legal Theory ◽  
Well Being ◽  
Point Of View ◽  
Equal Sign ◽  
Direct Identification ◽  
Legal Concept ◽  
Psychology And Law ◽  
Russian Law ◽  
Definition Of

Based on a critical analysis of the doctrinal definitions of the concept of "interest" in sociology, psychology, and law, it is concluded that the prevailing point of view in modern Russian legal theory, i.e. "interest is a conscious need to satisfy a need", is wrongly absolutized. Excessive psychologization of modern legal definitions of interest leads to a direct identification of interests with needs, puts an equal sign between these far from close concepts. It is shown that the widespread use of psychological terminology in legal definitions of interest (In particular, the terms "awareness" and "comprehension"), does not bring any "freshness" in legal knowledge about interests. The vast majority of phenomena, objects, and events in everyday and scientific speech are not considered to be conscious, since the awareness of these phenomena is self-evident. The doctrinal definitions of interests that exist in legal science and highlight their "awareness" as the main feature are practically unsuitable for law enforcement. The author substantiates the conclusion that the widely used legal concept of "interest" needs to be freed from the excessive psychologization of its many meanings, which will, in turn, free itself from the understanding of a conscious need as the only reason for the emergence of interest. It is suggested that the definition of "interest" should be formulated not on specific types or often synonymous meanings of this concept, but on generalizations of a higher order — such as could organically include all currently existing definitions of interest. Only universals can do this. And such a universal is the concept of "well-being".

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Recommendations of The Ombudsman’s Dilemma: Between Law Enforcement Officials and Protection of Credibility

2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi
Keyword(s):  
Law Enforcement ◽  
Public Service ◽  
Public Services ◽  
Point Of View ◽  
Law Enforcement Officials ◽  
Muslim Majority ◽  
The Republic ◽  
The Government ◽  
The One ◽  
Oversight Body

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.

TRANSLATION OF SOCIAL AND POLITICAL TERMINOLOGY OF CHINESE LANGUAGE AS A PROCESS OF NORMATIVE PRACTICE IN CONTEXT MODELS

2020 ◽  
Vol 6 (3) ◽  
pp. 172-182
Author(s):  
Saodat Nosirova ◽  
Keyword(s):  
Comparative Analysis ◽  
Law Enforcement ◽  
Chinese Language ◽  
Integrated Approach ◽  
Point Of View ◽  
Modern Chinese ◽  
Normative Practice ◽  
Context Models

The article is devoted to a comparative analysis of the socio -political terminology of the modern Chinese language.The purpose of the article is to search for an integrated approach to the study of the cognitive side of social and political terms of the Chinese language from the point of view of law enforcement in the process of translating official materials from Chinese into Uzbek and / or Russian and vice versa

Elites and Color Revolutions: The Logic of Russia’s Response

2020 ◽  
Vol 5 (4) ◽  
pp. 426-453
Author(s):  
Kirill Petrov
Keyword(s):  
Law Enforcement ◽  
Good Reason ◽  
Political Process ◽  
The Political ◽  
Democratic Regime ◽  
Major Threat ◽  
External Threats ◽  
Color Revolutions ◽  
Political Warfare ◽  
Russian Politics

Abstract The phenomenon of color revolutions has occupied a prominent place in Russian politics for a good reason. The major threat of color revolutions as modern political warfare designed by Western countries deeply affected the political process in Russia since 2005. It may have appeared that the imperative of resisting them was the result of a non-democratic regime reacting to neighboring countries’ uprisings. Some portrayed it as authoritarian learning. This paper suggests that the counteractions stemmed from the interests of disunited Russian elite groups who were seeking opportunities to reinforce their dominance and capitalize on the idea of significant external threats. The phenomenon reshaped the balance within elite groups and led to the consolidation of law enforcement networks on the eve of Putin’s third term. Further, the prevailing perception of color revolutions discouraged any elite splits that could lead to proto-democratic rules.

scholarly journals TOPOLOGICAL INSULATOR AND THE DIRAC EQUATION

SPIN ◽  
2011 ◽  
Vol 01 (01) ◽  
pp. 33-44 ◽  
Author(s):  
SHUN-QING SHEN ◽  
WEN-YU SHAN ◽  
HAI-ZHOU LU
Keyword(s):  
Dirac Equation ◽  
Topological Insulator ◽  
Bound States ◽  
Topological Insulators ◽  
Mass Term ◽  
Point Of View ◽  
Quadratic Term ◽  
General Description ◽  
Dirac Equations ◽  
Topological Quantum

We present a general description of topological insulators from the point of view of Dirac equations. The Z2 index for the Dirac equation is always zero, and thus the Dirac equation is topologically trivial. After the quadratic term in momentum is introduced to correct the mass term m or the band gap of the Dirac equation, i.e., m → m − Bp2, the Z2 index is modified as 1 for mB > 0 and 0 for mB < 0. For a fixed B there exists a topological quantum phase transition from a topologically trivial system to a nontrivial system when the sign of mass m changes. A series of solutions near the boundary in the modified Dirac equation is obtained, which is characteristic of topological insulator. From the solutions of the bound states and the Z2 index we establish a relation between the Dirac equation and topological insulators.

Rheology of hydrocarbon gels

1950 ◽  
Vol 200 (1061) ◽  
pp. 183-188 ◽  
Keyword(s):  
Mechanical Properties ◽  
Experimental Measurement ◽  
Theoretical Basis ◽  
Continuous Media ◽  
Point Of View ◽  
Coarse Grained ◽  
Testing Instrument ◽  
Fine Grained ◽  
Mineral Oils ◽  
Space And Time

Hydrocarbon gels contain a number of materials, such as rubber, greases, saponified mineral oils, etc., of great interest for various engineering purposes. Specific requirements in mechanical properties have been met by producing gels in appropriately chosen patterns of constituent components of visible, colloidal, molecular and atomic sizes, ranging from coarse-grained aggregates, represented by sponges, foams, emulsions, etc.; to fine-grained and apparently homogeneous ones, represented by optically clear compounds. The engineer who has to deal with the whole range of such materials will adopt a macroscopic point of view, based on an apparent continuity of all the material structures and of the distributions in space and time of the displacements and forces occurring under mechanical actions. It has been possible to determine these distributions in the framework of a comprehensive scheme in which the fundamental principles of the mechanics of continuous media provide the theoretical basis, and a testing instrument of new design, termed Rheogoniometer, the means of experimental measurement (Weissenberg 1931, 1934, 1946, 1947, 1948).

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

CRIMINAL LEGAL MEANS OF PROVIDING HEALTH CARE DURING THE COVID-19 PANDEMIC

2020 ◽  
Vol 10 (6) ◽  
pp. 31-41
Author(s):  
DANILA ILIN ◽  
Keyword(s):  
Health Care ◽  
Law Enforcement ◽  
Health System ◽  
Russian Federation ◽  
Criminal Law ◽  
Social Life ◽  
Criminal Liability ◽  
General Description ◽  
Theoretical Approaches ◽  
The Russian Federation

The article presents the results of a study of the problems of criminal legal assessment of criminal attacks on the health care system during the COVID-19 pandemic. The social background of such crime and its criminological characteristics are studied. Given the fact that most of criminal law, aimed at preventing crime, reducing the capacity of the state in the fight against novel coronavirus infection treated in depth by the legal and regulatory framework is impeding the spread of the pandemic COVID-19, and analyzed Federal laws, decrees of the President of the Russian Federation, decisions and orders of the Government of the Russian Federation, orders of the Ministry of health of Russia and other state bodies governing the functioning of public authorities, medical institutions and organizations, the rights and obligations of citizens and legal entities, this includes measures for the prevention of this disease in various areas of social life that are additionally regulated during the COVID-19 pandemic. The task of optimizing the criminal law provision of health care during the COVID-19 pandemic is formulated, taking into account the actual situation with the spread of this infection and the practice of countering it. As part of this task, based on a critical analysis of existing approaches in the science of criminal law, we formulate our own concept of crimes that infringe on the health system during the COVID-19 pandemic, characterize the problem, study their legal and social nature, and systematize such crimes. On the basis of the obtained data, a General description of crimes that encroach on the health system during the COVID-19 pandemic is given, their criminal-legal features are considered, theoretical approaches to determining their essence are studied, and the author's position on this issue is formulated. The author's classification of crimes that hinder the provision of health care during the COVID-19 pandemic is given. Groups of such crimes are consistently considered. A General description of their objective and subjective characteristics is given. Proposals for improving the interpretation of the relevant criminal law norms in science and law enforcement practice have been developed, and suggestions for their improvement have been substantiated and formulated. The article is addressed not only to scientists and practitioners of law enforcement agencies, but also to doctors who often work in conditions of a lack of legal knowledge about their rights and obligations, the qualification of certain acts from the point of view of criminal law, the grounds and limits of criminal liability for those that constitute a crime, and algorithms for actions in case of detection of such acts.

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