scholarly journals Methodology of Effective Seizure and the Confiscation of the Crime Assets

2021 ◽  
Vol 5 (2) ◽  
pp. 9-22
Author(s):  
Marek Kordík ◽  
František Vojtuš
Keyword(s):  
Decision Making ◽  
Criminal Policy ◽  
Criminal Proceedings ◽  
The Individual

The paper deals with the methods of seizure of property in criminal proceedings and with the individual institutes that may be used for this purpose. This is a form of vademecum of the financial investigation, which is currently one of the priorities of criminal policy. The paper responds to the latest development of the decision-making activities of the courts and tries to point out to certain stereotypes that are already outworn by the decision-making activities in selected decisions.

Judicial Decisions in Russian Criminal Proceedings: Current Theoretical and Practical Problems

2020 ◽  
Vol 2 (2) ◽  
pp. 49-66
Author(s):  
M. V. Belyaev ◽  
◽  
O. V. Kachalova ◽  
Keyword(s):  
Decision Making ◽  
Functional Method ◽  
Court Decision ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Legal Norms ◽  
Judicial Decisions ◽  
Special Procedure ◽  
Observation Methods ◽  
The Individual

Introduction. The importance of judicial decisions in criminal proceedings is determined by their observance of the established stages of such criminal proceedings. The quality of judicial decisions determines the fairness of justice, and the ability of the state to effectively protect the rights and freedoms of the individual. Theoretical Basis. Methods. The object of the study is the legal relationship arising, changing and resolving, in connection with the adoption of court decision. The methodological basis of the research is the universal dialectical method of cognition, including observation, methods of analysis and synthesis, structural and functional method. Results. The authors came to the conclusion that the main institutional features of judicial decisions (procedural form, requirements to the content regulated by the law, the procedure for making, binding, special procedure for their verification and review) are determined by their nature, as well as by the specifics of the epistemological activity of the court when making them. Judicial decision making is a complex mechanism consisting of a set of various structural elements that correspond with one another in various multiple direct and indirect relationships. Discussion and Conclusion. Judicial decision as an act of judicial power should reflect its basic properties: independence, regulation and law enforcement, decisiveness and objectivity. Judicial decisions taken together must meet the full requirements of the judiciary. The most important property of a court decision is its compliance with the requirements of legal norms. Among the features of the legal nature of the judgment should include: the relevance of the hierarchy of legal regulations governing its form, its content and procedure, and the proper interpretation of the rules of law applied in making this decision. The validity of the court decision is based on an objective semantic link between the results of the evidence, which are reflected in the descriptive and motivational part of the decision, and the direct conclusions of the court on the merits of the issue under consideration in the operative part. The higher the level of proof required in making a decision and the more clearly regulated the procedure of proof and decision-making – the higher the degree of fairness of the court decision.

scholarly journals PARTICIPANTS IN THE ALLEGED CRIMINAL LAW CONFLICT AT THE STAGE OF CRIMINAL PROCEEDINGS

2020 ◽  
Vol 30 (2) ◽  
pp. 297-304
Author(s):  
D.V. Tat’yanin
Keyword(s):  
Decision Making ◽  
Free Will ◽  
Criminal Law ◽  
Preliminary Investigation ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Research Papers ◽  
Legitimate Interests ◽  
Initiation Stage ◽  
The Individual

The article deals with the problem of determining the composition of participants in the stage of initiation of criminal proceedings. Imperfect legislation, lack of proper regulatory regulation of participants in the criminal law conflict taking part in the considered stage leads to violations of the rights and legitimate interests of the individual; this affects the process before the investigative check and subsequent preliminary investigation. Based on the analysis of legislation and research papers, the author explains the proposal about inexpediency of a long preliminary investigation and necessary decision-making on excitation of criminal case immediately after the establishment of the fact of committing a crime without further establishing at this stage a suspect in the crime. The author notes the inadmissibility of the use of procedural compulsion in the process of checking the reasons and grounds of a criminal case, as well as on the introduction of such a participant as “suspected”, since the establishment of the commission of a crime entails the criminal case and the emergence of such a participant as “suspect”. The author substantiates the illegality of identifying the suspect and the person who gave himself up. The author offers a list of rights of participants in the criminal case initiation stage, which can be implemented only by the participant's own free will.

DECISION-MAKING ON INVESTMENT OF IT-INNOVATION BASED ON FUZZY EXPERT INFORMATION

2018 ◽  
pp. 103-111
Author(s):  
Olga Olegovna Eremenko ◽  
Lyubov Borisovna Aminul ◽  
Elena Vitalievna Chertina
Keyword(s):  
Decision Making ◽  
Individual Characteristics ◽  
Production Model ◽  
Investment Management ◽  
It Projects ◽  
Product Model ◽  
Project Cost ◽  
Reasoning System ◽  
Managerial Decisions ◽  
The Individual

The subject of the research is the process of making managerial decisions for innovative IT projects investing. The paper focuses on the new approach to decision making on investing innovative IT projects using expert survey in a fuzzy reasoning system. As input information, expert estimates of projects have been aggregated into six indicators having a linguistic description of the individual characteristics of the project type "high", "medium", and "low". The task of decision making investing has been formalized and the term-set of the output variable Des has been defined: to invest 50-75% of the project cost; to invest 20-50% of the project cost; to invest 10-20% of the project cost; to send the project for revision; to turn down investing project. The fuzzy product model of making investment management decisions has been developed; it adequately describes the process of investment management. The expediency of using constructed production model on a practical example is shown.

The transformation of the decision-making process on the part of economic agents influenced by social constraints

2020 ◽  
Vol 16 (7) ◽  
pp. 1202-1222
Author(s):  
M.V. Grechko ◽  
L.A. Kobina ◽  
S.A. Goncharenko
Keyword(s):  
Decision Making ◽  
Consumer Choice ◽  
Social Constraints ◽  
Decision Making Process ◽  
Economic Knowledge ◽  
Economic Agents ◽  
The Individual ◽  
Contextual Environment ◽  
Economic Constraints ◽  
External Signals

Subject. The article focuses on the decision-making mechanism used by economic agents given the existing social constraints. Objectives. We devise applied toolkit to study how socio-economic constraints transform the decision-making mechanism used by economic agents. Methods. The study involves means of the expert survey, the method that streamlines economic knowledge. Results. Social constraints are illustrated to influence the decision-making mechanism used by economic agents, assuming that the individual mind relies on specific mechanisms to make judgments and decisions. Generally, the mechanisms are very useful, however they may generate serious errors during the decision-making process. Given the social constraints, economic agents were found to follow four mental models to make their decisions in case of the full or partial uncertainty, i.e. the representative relevance, accessibility, relations, heuristics (modeling). Conclusions and Relevance. The scientific ideas herein show that the inner architecture of a choice an individual makes determines his or her decisions. The decisions often depend on the contextual environment that gives external signals perceived by the individual while evaluating alternative ways. The findings can possibly be used as a mechanism to manage the consumer choice.

PROBLEM ASPECTS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL NORMS OF PROTECTION OF THE VICTIMS FROM CRIME

2020 ◽  
pp. 72-76
Author(s):  
Яна Валерьевна Самиулина
Keyword(s):  
Preventive Measure ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Criminal Proceedings ◽  
Effective Mechanism ◽  
The Russian Federation ◽  
The Individual ◽  
The Right ◽  
To Receive ◽  
Selection Of

В настоящей статье предпринята попытка исследовать отдельные проблемные аспекты института потерпевшего в российском уголовном процессе. В этих целях подвергнуты анализу правовые нормы, регламентирующие его процессуальный статус. Раскрываются отдельные пробелы уголовно-процессуального законодательства в сфере защиты законных прав и интересов потерпевшего. Автор акцентирует внимание на том, что совершенствование уголовно-процессуального законодательства в части расширения правомочий потерпевшего по отстаиванию своих нарушенных преступлением прав следует продолжить. На основании проведенного исследования действующего законодательства в части регламентации прав потерпевшего от преступления предлагается расширить перечень получаемых им копий постановлений, указанных в п. 13 ч. 2 ст. 42 УПК РФ. Автор предлагает включить в перечень указанной законодательной нормы право получения потерпевшим копии постановления об избрании конкретного вида меры пресечения, избранного в отношении подозреваемого (обвиняемого). Для создания действенного механизма защиты интересов потерпевших от преступления юридических лиц предлагаем ч. 9 ст. 42 УПК РФ изложить в следующей редакции: «в случае признания потерпевшим юридического лица его процессуальное право в уголовном процессе осуществляет представляющий его профессиональный адвокат». This article attempts to investigate certain problematic aspects of the institution of the victim in the Russian criminal process. For this purpose, analyzed the individual norms governing his procedural status. Separate gaps of the criminal procedure legislation in the sphere of protection of the legal rights and interests of the victim are disclosed. The author emphasizes that the improvement of the criminal procedure legislation in terms of the extension of the victim’s authority to defend his rights violated by the crime should be continued. On the basis of the study of the current legislation regarding the regulation of the rights of the victim of a crime, it is proposed to expand the list of decisions received by him, referred to in paragraph 13, part 2 of article 42 Code of Criminal Procedure. The author proposes to include in the list of the indicated legislative norm the right to receive the victim a copy of the decision on the selection of a specific type of preventive measure, selected in relation to the suspect (accused). To create an effective mechanism for protecting the interests of legal entities victims of a crime, we offer part 9 of art. 42 of the Code of Criminal Procedure of the Russian Federation shall be reworded as follows: «if a legal entity is recognized as a victim, his procedural right in criminal proceedings is exercised by the professional lawyer representing him».

The Relation of Language Context and Religiosity to Trilemma Judgments

2021 ◽  
pp. 002202212110339
Author(s):  
Elyas Barabadi ◽  
Mohsen Rahmani Tabar ◽  
James R. Booth
Keyword(s):  
Decision Making ◽  
Second Language ◽  
Native Speakers ◽  
Native Language ◽  
Standard Measure ◽  
Moral Norms ◽  
The Individual ◽  
Language Context

Utilitarian judgments maximize benefit for the most people, whereas deontological judgments are based on moral norms. Previous work shows that people tend to make more utilitarian judgments in their second compared to their native language, whereas higher religiosity is associated with more deontological judgments. However, it is not known whether the effect of language context is moderated by the religiosity of the individual. We hypothesized that more religious participants from all three languages would favor deontological choices irrespective of language context. In order to investigate this, we studied native speakers of Persian who either had Arabic or English as their second language, and all participants were given a standard measure of religiosity. Decision making was measured by the classic trolley trilemma in which a participant could “push” a person to save the lives of more people which is considered a utilitarian judgment. Alternatively, they could “switch” a track to save the lives of more people (“indirect”), or do nothing (“inaction”), both of which are considered deontological. Consistent with the literature showing more utilitarian judgments in the second language, English participants preferred the push option, whereas Persian participants favored the inaction option. L2 Arabic participants more often chose the indirect option. However, participants’ religiosity moderated this effect of language context. Although L2 Arabic participants’ choices were not influenced by religiosity, higher religiosity in the L2 English and L1 Persian groups was associated with more deontological choices.

scholarly journals A Novel Multi-Criteria Group Decision-Making Approach Based on Bonferroni and Heronian Mean Operators under Hesitant 2-Tuple Linguistic Environment

Mathematics ◽  
2021 ◽  
Vol 9 (13) ◽  
pp. 1489
Author(s):  
Shahzad Faizi ◽  
Wojciech Sałabun ◽  
Nisbha Shaheen ◽  
Atiq ur Rehman ◽  
Jarosław Wątróbski
Keyword(s):  
Decision Making ◽  
Group Decision Making ◽  
Group Decision ◽  
Weighted Average ◽  
Aggregation Operators ◽  
Bonferroni Mean ◽  
Operational Laws ◽  
Geometric Bonferroni Mean ◽  
The Individual ◽  
Heronian Mean

Ambiguous and uncertain facts can be handled using a hesitant 2-tuple linguistic set (H2TLS), an important expansion of the 2-tuple linguistic set. The vagueness and uncertainty of data can be grabbed by using aggregation operators. Therefore, aggregation operators play an important role in computational processes to merge the information provided by decision makers (DMs). Furthermore, the aggregation operator is a potential mechanism for merging multisource data which is synonymous with cooperative preference. The aggregation operators need to be studied and analyzed from various perspectives to represent complex choice situations more readily and capture the diverse experiences of DMs. In this manuscript, we propose some valuable operational laws for H2TLS. These new operational laws work through the individual aggregation of linguistic words and the collection of translation parameters. We introduced a hesitant 2-tuple linguistic weighted average (H2TLWA) operator to solve multi-criteria group decision-making (MCGDM) problems. We also define hesitant 2-tuple linguistic Bonferroni mean (H2TLBM) operator, hesitant 2-tuple linguistic geometric Bonferroni mean (H2TLGBM) operator, hesitant 2-tuple linguistic Heronian mean (H2TLHM) operator, and a hesitant 2-tuple linguistic geometric Heronian mean (H2TLGHM) operator based on the novel operational laws proposed in this paper. We define the aggregation operators for addition, subtraction, multiplication, division, scalar multiplication, power and complement with their respective properties. An application example and comparison analysis were examined to show the usefulness and practicality of the work.

scholarly journals HESR innovation in analysis that supports decision making and action

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
B Barr
Keyword(s):  
Decision Making ◽  
Health Equity ◽  
Social Protection ◽  
Well Being ◽  
Status Report ◽  
Policy Performance ◽  
European Health ◽  
The Individual ◽  
Health And Well Being ◽  
Inform Decision Making

Abstract The European Health Equity Status Report makes innovative use of microdata, at the level of the individual, to decompose the relative contributions of five essential underlying conditions to inequities in health and well-being. These essential conditions comprise: (1) Health services (2) Income security and social protection (3) Living conditions (4) Social and human capital (5) Employment and working conditions. Combining microdata across over twenty sources, the work of HESRi has also produced disaggregated indicators in health, well-being, and each of the five essential conditions. In conjunction with indicators of policy performance and investment, the HESRi Health Equity Dataset of over 100 indicators is the first of its kind, as a resource for monitoring and analysing inequities across the essential conditions and policies to inform decision making and action to reduce gaps in health and well-being.

scholarly journals Age, Frailty, Resuscitation and Intensive Care: With Reference to COVID-19

Geriatrics ◽  
2021 ◽  
Vol 6 (2) ◽  
pp. 36
Author(s):  
David G Smithard ◽  
Nadir Abdelhameed ◽  
Thwe Han ◽  
Angelo Pieris
Keyword(s):  
Intensive Care Unit ◽  
Decision Making ◽  
Mechanical Ventilation ◽  
Intensive Care ◽  
Cardiopulmonary Resuscitation ◽  
Distributive Justice ◽  
Older Age ◽  
Distribution Of Resources ◽  
Utilitarian Approach ◽  
The Individual

Discussion regarding cardiopulmonary resuscitation and admission to an intensive care unit is frequently fraught in the context of older age. It is complicated by the fact that the presence of multiple comorbidities and frailty adversely impact on prognosis. Cardiopulmonary resuscitation and mechanical ventilation are not appropriate for all. Who decides and how? This paper discusses the issues, biases, and potential harms involved in decision-making. The basis of decision making requires fairness in the distribution of resources/healthcare (distributive justice), yet much of the printed guidance has taken a utilitarian approach (getting the most from the resource provided). The challenge is to provide a balance between justice for the individual and population justice.

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