scholarly journals Criminological characteristics of cyberbullying and its types

2021 ◽  
pp. 99-108
Author(s):  
A. VEDERNIKOVA
Keyword(s):  
Case Law ◽  
Time Frame ◽  
Educational Process ◽  
Traditional Bullying ◽  
Electronic Communications ◽  
Global Trends ◽  
Internet Abuse ◽  
Definition Of ◽  
A Minor ◽  
Physical Spaces

The article clarifies that there is no stable scientific and legislative definition of cyberbullying. It is proposed to consider that cyberbullying is a violent actions of participants in the educational process using electronic communications against a minor or such a person, causing interference in the educational process, significant non-compliance with school discipline, violation of the rights of participants in the educational process or caused them moral, physical, mental or material damage. It was found that cyberbullying is a subspecies of traditional bullying, but has specific properties: anonymity of the attacker; the victim and the offender located in different physical spaces; lack of time frame; the possibility of exponential growth of the audience; reusability. In addition, the article provides examples from domestic case law. The basic and derivative types of cyberbullying and their short criminological characteristics are given. An attempt has been made to structure these types of cyberbullying. The article also briefly analyzes the statistical indicators of various manifestations of cyberbullying in Ukraine. Finally, current global trends in liability for certain types of Internet abuse, such as such as harassment, cyberstalking, grooming, sexting and denigration, are also briefly analyzed.

Psychiatric commitment: over 50 years of case law from the European Court of Human Rights

2006 ◽  
Vol 21 (7) ◽  
pp. 427-435 ◽  
Author(s):  
G. Niveau ◽  
J. Materi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Time Frame ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
European Court ◽  
Right To Information ◽  
Definition Of ◽  
Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerized database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. Forty-one of these applications were considered by the Court to be inadmissible. Twenty-four other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment. The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organizations or individual intervening parties.

Psychiatric commitment: Over 50 years of case law from the European Court of Human Rights

2007 ◽  
Vol 22 (1) ◽  
pp. 59-67 ◽  
Author(s):  
G. Niveau ◽  
J. Materi
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Time Frame ◽  
Legal Assistance ◽  
European Court ◽  
Degrading Treatment ◽  
Right To Information ◽  
Definition Of ◽  
Respective Number

AbstractPurposeTo extensively review the European Court of Human Rights (ECHR) case law concerning psychiatric commitment, and to estimate the role of this supranational jurisprudence in the practice of contemporary psychiatry.MethodUsing keywords to search the ECHR computerised database “HUDOC”, we reviewed all cases concerning psychiatric commitment registered between September 1953 and December 31, 2004. Four groups were identified: applications declared inadmissible; applications accepted but not judged by the Court; pending cases; and cases judged by the Court.ResultsOf the almost 118,000 decisions taken by the ECHR in this time frame, we found 108 situations concerning psychiatric commitment. 41 of these applications were considered by the Court to be inadmissible. 24 other cases were considered admissible but not judged by the ECHR. Three admissible cases were still pending at the end of 2004. The ECHR judged 40 cases, and found in 35 of them that one or several rights as guaranteed by the Convention had been violated.DiscussionThe ECHR protects the human rights of persons subjected to involuntary psychiatric commitment by creating supranational law in the following areas: definition of “unsoundness of mind”; conditions of lawfulness of detention; right to a review of detention by a Court; right to information; right to respect for private and family life; and conditions of confinement, which address inhuman and degrading treatment.The respective number of applications submitted to the ECHR did not depend on when the Convention had entered into force in that country.ConclusionThe possibility of an individual to access the ECHR depends on the degree of democracy in his country and on the access to legal assistance through non-governmental organisations or individual intervening parties.

scholarly journals QUALIFICATION OF ADMINISTRATIVE OFFENSE AS BULLYING: PROBLEMS ASPECTS

2020 ◽  
Keyword(s):  
Law Enforcement ◽  
Educational Institution ◽  
Case Law ◽  
Educational Process ◽  
Law Enforcement Agencies ◽  
Main Research ◽  
Rights Of The Child ◽  
General Scientific ◽  
Psychological Harassment ◽  
A Minor

Introduction. The article describes bullying as an administrative offense that infringes on the basic rights of the child. The relevance of the article is noted by the fact that administrative liability for harassment in an educational institution was introduced not so long ago, so when drawing up reports by law enforcement agencies, many mistakes are made. Thus, the purpose of the study is to analyze the case law on bullying to identify the most problematic issues in the preparation of administrative reports and bring the violator to justice. The article used general scientific research methods, such as: analysis, synthesis for a thorough study of case law on bullying of a participant in the educational process. Summary of the main research results. Since bullying is characterized by such features as systemic, power imbalance, harm to the victim, the absence of at least one of these elements denies the qualification of the act as bullying. In the case materials, one-time acts of violence against a minor are often considered, which may be qualified under another article of the Code of Ukraine on Administrative Offenses, but not as bullying. In such situations, an administrative report must be drawn up for the parents of the offenders under Article 184 of the Code of Ukraine on Administrative Offenses, which provides for the prosecution of parents or persons replacing them for failure to fulfill their responsibilities for the upbringing of their children. Violence used by equal parties in resolving the conflict due to the absence of the aggressor and the victim does not contain any elements of the offense. The problematic aspect of bringing the offender to justice is incorrectly drawn up administrative protocols that do not contain all the necessary elements provided for in Part 1 of Art. 256 of the Code of Ukraine on Administrative Offenses. Most often, the report does not indicate the time or place of the bullying, does not indicate what specific actions were committed by the offender, does not contain any indication of the presence of witnesses to the events and does not indicate what damage was caused. Conclusions. Due to carelessly drawn up protocols, which take a lot of time to complete, offenders avoid responsibility because the terms for punishment expire. Increasingly, teachers are being held administratively liable for bullying, as a rule, they carry out psychological harassment of students, such as insults, ridicule or the use of nicknames. However, minors and juveniles remain the main perpetrators of bullying. While administrative penalties are in most cases imposed on their parents. This raises doubts about the effectiveness of such punishment of the real offender and transfers the implementation of such punishment to the parents of the bully.

Towards a Minor Poetry: Reading Twentieth-Century French Poetry with Deleuze–Guattari and Bakhtin

Paragraph ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 135-153
Author(s):  
Daisy Sainsbury
Keyword(s):  
Twentieth Century ◽  
French Language ◽  
Poetic Language ◽  
Minor Literature ◽  
Language System ◽  
Poetic Discourse ◽  
Poetry Reading ◽  
Century Poetry ◽  
Definition Of ◽  
A Minor

Drawing on Deleuze and Guattari's analysis of minor literature, deterritorialization and agrammaticality, this article explores the possibility of a ‘minor poetry’, considering various interpretations of the term, and interrogating the value of the distinction between minor poetry and minor literature. The article considers Bakhtin's work, which offers several parallels to Deleuze and Guattari's in its consideration of the language system and the place of literature within it, but which also addresses questions of genre. It pursues Christian Prigent's hypothesis, in contrast to Bakhtin's account of poetic discourse, that Deleuze and Guattari's notion of deterritorialization might offer a definition of poetic language. Considering the work of two French-language poets, Ghérasim Luca and Olivier Cadiot, the article argues that the term ‘minor poetry’ gains an additional relevance for experimental twentieth-century poetry which grapples with its own generic identity, deterritorializing established conceptions of poetry, and making ‘minor’ the major poetic discourses on which it is contingent.

YOUTH CRIMINAL SUBCULTURE AS A FACTOR IN THE FORMATION OF THE PERSONALITY OF A MINOR CRIMINAL

2020 ◽  
Vol 10 (3) ◽  
pp. 177-180
Author(s):  
VERA SHUNYAEVA ◽  
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
System Research ◽  
Scientific Methods ◽  
General Scientific ◽  
Definition Of ◽  
A Minor ◽  
Method Analysis

The article is devoted to the research of the youth criminal subculture and its impact on the personality of under-aged. In the course of analysis of this negative impact, a definition of the criminal subculture of under-aged was proposed. The main principles of such a criminal subculture as AUE (the acronym, transcribed from Russian: АУЕ or А.У.Е., comes from «Арестантский уклад един» / “Prisoners Unity (Solidarity)” are defined. The reasons contributing to the development of this negative phenomenon and the typical fea- tures of a minor sharing the ideology of the AUE were identified. The methods for counteracting the AUE were proposed. The method- ological basis of the research is formed by general scientific methods: dialectical, system research method, analysis, synthesis, induction, deduction, analogy, etc., as well as such private scientific methods as comparative legal, formal legal, structural and functional, statistical ones. The authors relied on the results of research by Russian and foreign legal scholars, sociologists, psychologists.

Physicianship and the Rebirth of Medical Education

2018 ◽  
Author(s):  
J. Donald Boudreau ◽  
Eric Cassell ◽  
Abraham Fuks
Keyword(s):  
Medical Education ◽  
Educational Process ◽  
Medical Attention ◽  
Patient Centeredness ◽  
Goals Of Medicine ◽  
The Subject ◽  
Definition Of ◽  
And Function ◽  
William Osler ◽  
The Relationship

This book reimagines medical education and reconstructs its design. It originates from a reappraisal of the goals of medicine and the nature of the relationship between doctor and patient. The educational blueprint outlined is called the “Physicianship Curriculum” and rests on two linchpins. First is a new definition of sickness: Patients know themselves to be ill when they cannot pursue their purposes and goals in life because of impairments in functioning. This perspective represents a bulwark against medical attention shifting from patients to diseases. The curriculum teaches about patients as functional persons, from their anatomy to their social selves, starting in the first days of the educational program and continuing throughout. Their teaching also rests on the rock-solid grounding of medicine in the sciences and scientific understandings of disease and function. The illness definition and knowledge base together create a foundation for authentic patient-centeredness. Second, the training of physicians depends on and culminates in development of a unique professional identity. This is grounded in the historical evolution of the profession, reaching back to Hippocrates. It leads to reformulation of the educational process as clinical apprenticeships and moral mentorships. “Rebirth” in the title suggests that critical ingredients of medical education have previously been articulated. The book argues that the apprenticeship model, as experienced, enriched, taught, and exemplified by William Osler, constitutes a time-honored foundation. Osler’s “natural method of teaching the subject of medicine” is a precursor to the Physicianship Curriculum.

scholarly journals Global Trends of Latent Prostate Cancer in Autopsy Studies

Cancers ◽  
2021 ◽  
Vol 13 (2) ◽  
pp. 359
Author(s):  
Takahiro Kimura ◽  
Shun Sato ◽  
Hiroyuki Takahashi ◽  
Shin Egawa
Keyword(s):  
Prostate Cancer ◽  
Racial Differences ◽  
Specific Antigen ◽  
Tumor Location ◽  
Cancer Registration ◽  
Asian Countries ◽  
Global Trends ◽  
Psa Screening ◽  
Asian Men ◽  
Definition Of

The incidence of prostate cancer (PC) has been increasing in Asian countries, where it was previously low. Although the adoption of a Westernized lifestyle is a possible explanation, the incidence is statistically biased due to the increase in prostate-specific antigen (PSA) screening and the accuracy of national cancer registration systems. Studies on latent PC provide less biased information. This review included studies evaluating latent PC in several countries after excluding studies using random or single-section evaluations and those that did not mention section thickness. The findings showed that latent PC prevalence has been stable since 1950 in Western countries, but has increased over time in Asian countries. Latent PC in Asian men has increased in both prevalence and number of high-grade cases. Racial differences between Caucasian and Asian men may explain the tumor location of latent PC. In conclusion, the recent increase in latent PC in Asian men is consistent with an increase in clinical PC. Evidence suggests that this increase is caused not only by the increase in PSA screening, but also by the adoption of a more Westernized lifestyle. Autopsy findings suggest the need to reconsider the definition of clinically insignificant PC.

In Search of a Standard: References to the Rule of Law in the Case-law of the European Court of Human Rights

ICL Journal ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 43-69
Author(s):  
Eszter Polgári
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Case Law ◽  
Council Of Europe ◽  
The Rule Of Law ◽  
Working Definition ◽  
European Court ◽  
Structured Analysis ◽  
Definition Of ◽  
Grand Chamber

AbstractThe present article maps the explicit references to the rule of law in the jurisprudence of the ECtHR by examining the judgments of the Grand Chamber and the Plenary Court. On the basis of the structured analysis it seeks to identify the constitutive elements of the Court’s rule of law concept and contrast it with the author’s working definition and the position of other Council of Europe organs. The review of the case-law indicates that the Court primarily associates the rule of law with access to court, judicial safeguards, legality and democracy, and it follows a moderately thick definition of the concept including formal, procedural and some substantive elements. The rule of law references are predominantly ancillary arguments giving weight to other Convention-based considerations and it is not applied as a self-standing standard.

INTERPRETATION IN FOREIGN LANGUAGES EDUCATION: PSYCHOLOGICAL ASPECT

2021 ◽  
Vol 54 (2) ◽  
pp. 121-129
Author(s):  
Vera B. Tsarcova ◽  
Keyword(s):  
Foreign Language ◽  
Real World ◽  
Language Education ◽  
Foreign Language Education ◽  
Educational Process ◽  
Personal Meanings ◽  
The Subject ◽  
Definition Of ◽  
Educational Potential

The article is devoted to one of the problems of foreign language education – the definition of the role of interpretation in preparing students of special (language) directions to participate in the dialogue of cultures. Interpretation is considered as a phenomenon and as a way of comprehending reality, which allows the subjects of the dialogue of cultures to reach mutual understanding. The main characteristic of interpretation, which is necessary for the purposes of foreign language education, is its psychological character. It is determined by the psychology of the author, the psychology of the work, as well as the psychology of the reader-interpreter. It is proved that the interpretation of a work of art, which has universal, historical and personal plans, has huge epistemological and axiological possibilities. They activate the entire educational potential of interperetation (educational, developmental, cognitive, and educational). Russian Russian poet A. A. Fet (1820–1892) uses the poem “Wir saßen am Fischerhaus” by the famous German poet and publicist Heinrich Hein (1797–1856) and the translation of this poem into Russian to illustrate the interpretation technology. The poem is considered as a space of personal meanings of the author. They are the ones that are subject to interpretation and bring the reader-interpreter back from the poet's world to the modern real world. And the real world is full of unexpected cultural facts, closely related to the content of the work of G. Heine, with distant Lapland and the life of modern lapps. Thus, interpretation is presented as an educational strategy. Together with the strategies of contextualization, philologization and argumentation, it ensures the achievement of the main goal of foreign language education – the creation of an individual who can act as a genuine subject of the dialogue of cultures. The article also emphasizes the importance of the teacher as the organizer of the educational process and the subject of the dialogue of cultures.

THE PROBLEMS OF THE INVESTIGATOR’S FORENSIC THINKING FORMATION

2021 ◽  
pp. 68-73
Author(s):  
Руслан Юрьевич Павлов
Keyword(s):  
Cognitive Abilities ◽  
Educational Process ◽  
Criminal Cases ◽  
Factors Affecting ◽  
Factors Associated ◽  
Personal Qualities ◽  
Definition Of ◽  
The Impact ◽  
Objective Investigation

Актуальность статьи связана с поиском новых способов и методов повышения эффективности борьбы с преступностью, оперативного раскрытия преступлений, а также с набирающим популярность среди криминалистов направлением «криминалистического мышления», овладение навыками которого будет способствовать наиболее полноценному и объективному расследованию уголовных дел. Проблемным в настоящее время является недостаточное качество следствия и необходимость повышения когнитивных способностей следователей (дознавателей). Задачей исследования являлось выявление факторов, влияющих на развитие и формирование криминалистического мышления следователей. Цель работы - провести анализ составных частей процесса становления следователя и особенностей его практической деятельности, влияющих на когнитивные способности с точки зрения криминалистики, путем изучения и сравнения имеющихся материалов по данной тематике. Анализу подвергнуты личностные качества следователя, особенности образовательного процесса и влияние опыта на результаты работы, а также факторы, сопутствующие следственной деятельности (организация труда, уровень стресса, нагрузки и т. д.). Результат проведенного исследования выражен в определении проблемных факторов, влияющих на формирование криминалистического мышления следователя (дознавателя) и возможных путей их преодоления, важности такого мышления, которое остается знанием, постоянно сориентированным в сторону практики. The relevance of the article is related to the search for new ways and methods to improve the effectiveness of the fight against crime, the prompt detection of crimes, as well as the trend of «forensic thinking», which is gaining popularity among criminalists, mastering the skills of which will contribute to the most complete and objective investigation of criminal cases. Problems at present are insufficient quality of investigation and the need to improve the cognitive abilities of investigators (inquirers). The task of the study was to identify factors that influence the development and formation of forensic thinking of investigators. The purpose of the work is- to analyze the components of the process of formation of an investigator and features of his practical activities affecting the cognitive abilities in terms of forensics by studying and comparing existing materials on this topic. The analysis is subjected to the personal qualities of an investigator, the peculiarities of the educational process and the impact of experience on the results of work, as well as factors associated with the investigative activity (organization of work, stress and stress levels, etc.). The result of the study is expressed in the definition of problematic factors affecting the formation of forensic thinking of an investigator (inquirer) and possible ways to overcome them, the importance of such thinking, which remains knowledge, constantly oriented towards practice

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