Object of criminal offenсe: Modern interpretations

2021 ◽  
Vol 28 (4) ◽  
pp. 262-269
Author(s):  
Mykola I. Panov ◽  
Sergiy O. Kharytonov ◽  
Viktoriia V. Haltsova
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Criminal Liability ◽  
Effective Means ◽  
Social Characteristics ◽  
Criminal Offence ◽  
The Social ◽  
Depth Study ◽  
Entire Society ◽  
Definition Of

The struggle of law enforcement and judicial bodies of the modern rule of law, as well as the entire society with the manifestations of crime is necessarily connected with the need for an in-depth study of crimes (hereinafter referred to as criminal offences), their essence, the structure of the constituent system elements, forms of external manifestation, which is a prerequisite for the development of the latest effective means of countering criminal offences. Among these issues, the object of a criminal offence is of particular importance, as it has a significant impact on the determination of the social characteristics of the offence and largely determines its actual objective and subjective characteristics. Meanwhile, there is no unity among scientists in the interpretation of the object of offence. The problem has therefore not yet been sufficiently studied. The purpose of the study is a scientific analysis of modern views on the object of a criminal offence and the establishment of a scientifically based content and essence of this concept. To achieve this goal, the following methods were used: dialectical, historical and legal, dogmatic, comparative, system-structural, legal hermeneutics. The article analysed the existing scientific approaches (positions) regarding the definition of the object of a criminal offense, which were systematised and reduced to two generalised groups: 1) ontological, which includes positions that recognise the object of a crime (criminal offence) as protected by criminal law public relations in various modifications; 2) axiological, which includes the interpretation of the object as values and related definitions: benefits, and individual interests. The authors made a reasoned conclusion that the object of a criminal offence is social relations that arise and exist in society about its social values, which are protected by the law on criminal liability

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals PROCLAMATIONS AS A SOURCE OF HETMANATE’S CITY LAW OF THE SECOND HALF OF XVII – XVIII CENTURIES

2019 ◽  
pp. 7-13
Author(s):  
O. Y. Vovk
Keyword(s):  
Public Relations ◽  
Urban Communities ◽  
Social Relations ◽  
Municipal Government ◽  
City Government ◽  
Left Bank ◽  
Legal Analysis ◽  
Economic Relations ◽  
The Social ◽  
The Right

The article contains a historical and legal analysis of proclamations as a cumulative source of Hetmanate’s city law of the second half of 17th – 18th centuries, and their characteristic by origin and purpose. It was established that Hetmanate (a state official name was – Zaporizhian Host) was under the rule of Polish-Lithuanian Commonwealth during this period with all the lands and cities, and then as a part of the Russian monarchy. It is studied that in the field of municipal government, public relations in Ukrainian cities were governed by the norms of urban law, including the provisions of local proclamations (locations) of the autonomous government ofHetmanate, which should be divided into separate specific groups. The most significant of them were those that confirmed the granting of the right to self-government of the Magdeburg sample to Ukrainian cities. The proclamations of Ukrainian hetmans of a defensive, prohibited or protective nature, which were granted to the cities of Hetmanate since the reign of B. Khmelnytskyi and including K. Rozumovskyi, protected the rights of urban communities from abuse bythe local administration and representatives of other classes. The cities were given the right to leave a significant part of the income to the city government bodies and burghers by Hetman permitting proclamations. The electoral proclamations of hetmans to certain individuals controlled the order of elections in cities and prevented abuse duringtheir conduct. The regulation proclamations, issued to the cities by hetmans and colonels, clarified the social and economic power ofmagistrates or town halls and established the economic relations of the urban inhabitants. A separate group of local proclamations consisted of those relating to the proper economic activity of urban craft workshops anddefended the social rights of burghers-artisans. It is proved that the norms of proclamations of all groups provided legal regulationof social relations in the sphere of municipal government of Left-Bank Ukraine primarily till the first city reform in Ukrainian citiesconducted by Russian Empire and the introduction of the Charter to Cities of 1785.

scholarly journals Self-Driving Cars and Criminal Liability

2020 ◽  
Vol 17 (3-4) ◽  
Author(s):  
Béla Csitei
Keyword(s):  
Autonomous Vehicles ◽  
Criminal Liability ◽  
Autonomous Vehicle ◽  
Essential Elements ◽  
Criminal Sanction ◽  
Criminal Offence ◽  
The Subject ◽  
Definition Of ◽  
Self Driving Cars

After clarifying the concepts of automated and autonomous vehicles, the purpose of the study is to investigate how reasonable the criminal sanction is arising from accidents caused by autonomous vehicles. The next question to be answered is that the definition of the crime according to the Hungarian law may be applied in case of traffic related criminal offences caused by automated and autonomous vehicles. During my research I paid special attention to two essential elements of criminal offence, namely the human act and guilt. Furthermore, I strived for finding solution for the next problem, as well: if the traffic related criminal offence is committed by driving an autonomous vehicle, how to define the subject of criminal liability.

‘Belief shifts’: Ireland’s referendum and the journey from Gemeinschaft to Gesellschaft

2017 ◽  
Author(s):  
Eugene O’Brien
Keyword(s):  
Social Relations ◽  
Catholic Church ◽  
Irish Society ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Fantasy Fiction ◽  
The Social ◽  
Organic Community ◽  
German Sociologist ◽  
Definition Of

This chapter examines the implications for Irish Catholicism that the ‘Yes’ vote in the May 2015 referendum on same-sex marriage may have for the social and cultural position of the Catholic church in contemporary Ireland and in the future. His analysis channels the thinking of Ferdinand Tönnies, an early German sociologist and a contemporary of Durkheim and Weber, who used the German words ‘Gemeinschaft’ and ‘Gesellschaft’ to distinguish between two fundamentally different structural paradigms for social relations. O’Brien sees marriage as a core ideological signifier of ideological hegemony, and using the fantasy fiction of Terry Pratchett’s satire on religion entitled Small Gods as a lens, he looks at the referendum as a significant turning point in the definition of marriage, and by extension, in the transformation Irish society from the organic community of the Gemeinschaft, to the more postmodern and pluralist notion of the Gesellschaft.

Gender

Sociology ◽  
2011 ◽  
Author(s):  
Janeen Baxter ◽  
Heidi Hoffmann
Keyword(s):  
Labor Market ◽  
Social Relationships ◽  
Social Relations ◽  
Race And Ethnicity ◽  
Social Institution ◽  
Social Characteristics ◽  
Men And Women ◽  
The Social ◽  
Unequal Access ◽  
Biological Differences

The term gender refers to the cultural and social characteristics attributed to men and women on the basis of perceived biological differences. In the 1970s, feminists focused on sex roles, particularly the socialization of men and women into distinct masculine and feminine roles and the apparent universality of patriarchy. More recent work has critiqued the idea of two distinct genders, calling into question the notion of gender dichotomies and focusing attention on gender as a constitutive element of all social relationships. Gender has been described as a social institution that structures the organization of other institutions, such as the labor market, families, and the state, as well as the social relations of everyday life. In addition, scholars have pointed to the ways in which gender is constructed by organizations and individual interactions. Gender not only differentiates men and women into unequal groups, it also structures unequal access to goods and resources, often crosscutting and intersecting with other forms of inequality, such as class, race, and ethnicity.

scholarly journals Translation and the Dialectics of Difference and Equivalence: Some Theoretical Propositions for a Redefinition of the Source-Target Text Relation

2002 ◽  
Vol 45 (2) ◽  
pp. 210-227 ◽  
Author(s):  
Lieven Tack
Keyword(s):  
Social Relations ◽  
Communication Theory ◽  
Sufficient Conditions ◽  
General Question ◽  
Source Text ◽  
The Social ◽  
The One ◽  
Definition Of ◽  
Necessary And Sufficient ◽  
Level Of Analysis

Abstract At which level of analysis (descriptivist, empirical, epistemological), and along which perspective (sociological, linguistical, communicative), should we locate the distinctive criteria for the definition of translation? In other words, what are the necessary and sufficient conditions which constitute the object « translation,» exclusively this object and not any other object? This is the general question of this article. It will be developped in two steps. First, we shall try to demonstrate that the perspective adopted by translatology, in defining translation by its semantical and fonctional equivalence relation with a source text, is congenetically determined by the discursive exclusion of the theorisation of that which is the very condition of possibility of each translation: the disrupture and distancing by which humans structure their social relation. Consequently, it is by the critique of communication theory, where a large part of translatology has drawn its scientific foundations, that we can deliver sound arguments for the assessing of translation in the structure of social relations. A second step consists in the formulation of a working hypothesis: if translation may be caused by the social dialectics of distancing and negociation of meaning, it is not sufficiently specified by this logic. It could be hypothesized that translation finds its specificity in the hybridity of the linguistic referential relation it instaures with the mute universe to be conceptualized on the one hand, and with the source text to be reformulated on the other.

Social Adaptation of Children Brought up in Orphanage

2014 ◽  
Vol 6 (3) ◽  
pp. 125-135 ◽  
Author(s):  
A.N. Larin ◽  
I.N. Konopleva
Keyword(s):  
Public Relations ◽  
Parental Care ◽  
High Stress ◽  
Family Values ◽  
Social Adaptation ◽  
Psychology And Law ◽  
The Social ◽  
Research Findings ◽  
Independent Life ◽  
Definition Of

We discuss the influence of social adaptation on life success in orphans and children left without parental care when entering into an independent life. We provide the definition of the social adaptation in terms of psychology and law, review recent research findings of Russian scientists on social adaptation of children, as well as data on vital dispensation of graduates of orphanages. It is emphasized that the beginning of an independent life causes high stress, that children often cannot find their place in life and develop the mechanisms of behavior that contribute to the successful inclusion in public relations, quality education and the formation of family values. Thus, the most important condition for the successful entry of the child into an independent life is social integration into society, learning the rules and norms of behavior of society, the motivation for productive activities, education and the creation of a strong family and parenting. We provide the results of a study aimed at identifying coping strategies of behavior in stressful situations, adaptation features, as well as the level of anxiety in children-orphans and children left without parental care.

scholarly journals Features of urban public spaces in the context of globalization

2020 ◽  
Vol 26 (4) ◽  
pp. 232-246
Author(s):  
K. L. Khomyakova
Keyword(s):  
Public Space ◽  
Social Relations ◽  
Public Spaces ◽  
Urban Public Space ◽  
Modern Cities ◽  
The Social ◽  
Essential Properties ◽  
Methodological Problems ◽  
Definition Of ◽  
The Impact

The article deals with characteristics of urban public spaces, their role in the global transformation of the social relations system is determined. The ambiguity of assessing the impact of globalization on modern cities is due to the theoretical and methodological problems of modern sociological urbanism. There is no single approach among scientists to defining the concept of urban public space, which determines the relevance of the study of its interpretation and definition of essential properties. Public spaces are considered as a connecting element between the system and social levels of urban research, which correspond to the levels of integration identified by the modern sociologist E. Giddens. The article analyzes classical and modern approaches to the study of public space, there is reveals the course of evolution of sociological thought in relation to the formation of differentiation of types of spaces within cities. Based on the analysis of the works of modern sociologists and urbanists, such key features of public spaces as openness, socio-political neutrality, and symbolism were identified. Global processes and contradictions lead to an aggravation of the problem of the presence of the category of “Others” within public urban spaces, which are representatives of various segments of the population, with a variety of claims and interests. One of the consequences of the intensive development of digital technologies is a possible situation of “competition for the citizen” between traditional public spaces and online services. Assumptions are made about future transformations of social relations within public spaces as a result of the impact of the COVID-19 coronavirus pandemic.

scholarly journals Biopolitical turn in the Law: from the legal and institutional model to the biolaw

2021 ◽  
Vol 1 (2) ◽  
pp. 203-214
Author(s):  
Dmitriy Popov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Human Life ◽  
Management Model ◽  
Natural Order ◽  
Sovereign Power ◽  
Legal Norms ◽  
The Social ◽  
Political Management ◽  
Institutional Model

Relevance. Since the XVIII century, there has been a gradual qualitative transformation of sovereign power in the course of the formation of a biopower based on the regulation of natural processes inherent in the population. At the turn of the XX–XXI centuries, biopolitics as an authoritative organization of the life of the population became the dominant management model. At present, numerous biopolitical tools carry out the construction of the social. Objectives. The purpose of the article is to explicate the process of transformation of the legal and institutional model of regulation of public relations inherent in sovereign power into biolaw as a tool for regulating public relations carried out by biopower. Results. In the course of the study, the process of the formation of biolaw, which arises on the basis of the already established system of legal and political regulation due to its modification by biopolitical means of medicalization, normalization, identification, criminal biopolitics, is considered. As a result of the steady biopolitical intervention in the regulation of the life of the population, the lex-law as a system of legal norms expands to nomos-law focused on a sample of the natural order, correlative to the constructed norms of human life as a biosocial being. Conclusions. Biopolitics in the process of formation radically transforms the social, including legal relations. Biolaw is a system of flexible tools for regulating social relations, tending to the model of the natural order. Biopolitical regulation is steadily replacing the traditional legal and political management model.

scholarly journals Kontestasi antar orang asli Papua terhadap hak pertuanan di Kaimana

2016 ◽  
Vol 29 (2) ◽  
pp. 75
Author(s):  
Cahyo Pamungkas
Keyword(s):  
Ethnic Identity ◽  
Ethnic Groups ◽  
Social Relations ◽  
Analytical Framework ◽  
The Political ◽  
Left Behind ◽  
The Social ◽  
Customary Rights ◽  
Definition Of ◽  
The City

This article is addressed to describe the social relations within the Papuan ethnic groups and between Papua native and migrants concerning some customary rights in Kaimana district. This research describes the struggle of inland and beach tribes in fighting for customary rights of land in Kaimana. Moreover, it captures the respond of migrants in dealing with the customary right. This study shows the recognition of the the eldest ethnic in Kaimana is a strategy and discourse constructed by Papua ethnic groups that have felt marginalized while migrants have taken their resources. This right could be understood as the need for recognition of Papua ethnic groups. The most important issue is not who the native of Kaimana is, but what the proper ways to give recognition to Papua ethnic groups which had been left behind in development are. The relation between the Papua natives and migrants in Kaimana is not complicated as the migrants have no privileges in the political contestation. However, these relationship are affected by the differences in religious affiliations. The Muslim Papua ethnic groups generally have a closer relationship with the Muslim migrants. The analytical framework of this study using the theoretical framework of identity and ethnicity to look at the issue. Does the definition of identity and ethnicity according to sociological theories are still relevant to understanding the issue of claims of ethnic identity in the city of Kaimana.

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