scholarly journals Grounds for Criminalistic Classification of Crimes against Human Life and Health Committed by Convicts Serving Imprisonment Sentences in Places of Deprivation of Liberty

2021 ◽  
pp. 886-895
Author(s):  
Nikolai Shurukhnov ◽  
Oleg Dechkin
Keyword(s):  
Human Life ◽  
Correctional Institutions ◽  
Empirical Methods ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Intentional Injuries ◽  
Before And After ◽  
General Scientific

Introduction: the article considers grounds for criminalistic classification of crimes causing intentional injuries committed by convicts serving sentences in places of deprivation of liberty. Purpose: based on the analysis and generalization of theoretical and practical materials, an attempt is made to formulate the most characteristic grounds for the criminalistic classification of the analyzed criminal acts and reveal their contents. Methods: the dialectical method of cognition, general scientific methods of analysis and generalization, empirical methods of description, interpretation; theoretical methods of formal and dialectical logic are used in the research. Results: the article reveals in detail the content of general (territory, situation, community of correctional institutions; prevalence of informal norms of behavior in places of deprivation of liberty, which most convicts adhere to) and private grounds (specifics of personality traits of a criminal, victim and witnesses; specifics of behavior before and after crime commission) for classification of crimes that make up the group for which the investigation method will be worked out. Conclusions: based on the available research, which highlights the universal basis – the criminal legal object, it is concluded that there are two groups of grounds (general and special) for classification of crimes causing intentional harm to life and health committed by convicts serving imprisonment sentences.

scholarly journals DISTINCTION BETWEEN TRANSACTIONS REQUIRING AND NOT REQUIRING PERCEPTION: GROUNDS AND SIGNIFICANCE

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 160-176
Author(s):  
Юрий Сергеевич ПОВАРОВ
Keyword(s):  
Legal Interpretation ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Legal Norms ◽  
Scientific Potential ◽  
The Law

The proposed scientific grouping of transactions into those requiring and not requiring perception has not been systematically reflected in Russian civil legislation; moreover, the scientific potential of this classification is often questioned. Purpose: to explain the nature and significance of the distinction between transactions requiring and not requiring perception; to analyze the approaches used to establish the criterion for such a distinction; to develop a mechanism for determining whether a transaction belongs to a particular classification group; and to study the permissibility of extrapolation of division into other (rather than unilateral transactions) legal acts. Methods: the author uses general theoretical methods of formal and dialectical logic, as well as specific scientific methods such as legal-dogmatic, legal modeling, comparative legal, interpretation of legal norms. Results: the author proves the irrelevance of ignoring a factor of (not) compulsory perception of will and, as a consequence, the significance of the studied gradation (while the classification of a transaction as requiring or not requiring perception affects the conditions and timing of its legal effects, and the interpretation of the transaction as receptive is necessary to establish and comply with the rules on the procedure and the addressee of the notification of will). The author highlights the main models for reflecting the legal role of perception in the application to transactions that need perception; the author assesses positively the approach to identifying a transaction as (non) receptive based on the direct instructions of the law and the essence of the transaction; the idea of the advisability of adapting the division also to legal acts that are not unilateral transactions is carried out.

scholarly journals MIGRATION POLICY: LEGISLATIVE EMBODIMENT AND LEGAL IMPLEMENTATION IN RUSSIA

2020 ◽  
Vol 16 (3) ◽  
pp. 73-82
Author(s):  
Александр Малый
Keyword(s):  
Law Enforcement ◽  
Traditional Approach ◽  
Migration Policy ◽  
The State ◽  
Empirical Methods ◽  
Law Enforcement Agencies ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Theoretical Methods ◽  
Legal Norms

The relevance of the article is due to the importance of migration policy for the state. The article discusses the issues of liberalization of migration legislation in Russia. The problem of the implementation of legal norms by the law-enforcer is reviewed, the conclusion is drawn that law enforcement agencies and courts are guided by the established practice of a rigid approach to assessing the activituies of subjects of migration relations. Purpose: to focus on the need to liberalize not only migration legislation, but also law enforcement practice, taking into account the changing migration policy in the activities of power bodies. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic are used. Specific scientific methods are used: historical, legal-dogmatic, method of interpreting legal norms. Results: the study makes it possible to formulate a number of conclusions regarding the identified direction of migration policy, its reflection in legislation. The preservation of the traditional approach in the activities of law enforcement agencies concerning participants in migration relations is noted. It retains its repressive orientation and is not fully consistent with the proclaimed political course towards the liberalization of migration relations.

scholarly journals PSYCHOLOGY OF INTEREST IN SOCIAL AND LEGAL RELATIONS

2020 ◽  
Vol 16 (3) ◽  
pp. 15-22
Author(s):  
Аслям Халиков
Keyword(s):  
International Relations ◽  
Human Life ◽  
Empirical Methods ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
The Third ◽  
Psychological Feature ◽  
Personal Motivation ◽  
State And Society ◽  
Emotional Component

The psychology of the category of interest has a multifaceted character, which is the semantic line of human life. At the same time, interest begins with individual’s psychology, then there is a transition to interests in social and legal relations, and then the interest again turns into personal motivation, but already in a social environment. The main psychological feature of interest is its emotional component, without which the interest loses its subjective meaning. It is reflected in legal relations between the state and society. Purpose: to consider the concept and characteristics of interest in social and legal relations. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Results: the author comes to the conclusion that the construction of a person's interest at the present time does not come from two components - individual and social, but from three, which will certainly include the third component as interests at the level of international relations.

scholarly journals Some aspects of the forensic assessment of the reliability of the testimony of minor victims

2021 ◽  
pp. 69-71
Author(s):  
Ruslan Zaynullin
Keyword(s):  
Legal Regulation ◽  
Forensic Assessment ◽  
Empirical Methods ◽  
Problem Statement ◽  
Dialectical Logic ◽  
Theoretical Methods ◽  
High Level ◽  
A Minor

Problem statement: in the course of analyzing the legal regulation and practice of the participation of minor victims in verbal investigative actions, the author in this article identifies the problem of assessing the reliability of the testimony of minor victims. Objective: to develop general forensic recommendations for criminalistically ensuring the participation of a minor victim in verbal investigative actions, designed to ensure a high level of reliability of their testimony. Methods: empirical methods of comparison, description, theoretical methods of formal and dialectical logic. Results/brief conclusions: gaps in the legal regulation of the participation of a minor victim in verbal investigative actions are identified, and forensic recommendations are formulated to ensure that reliable testimony of minor victims is obtained.

scholarly journals The evolution of European stunt art (50–70s of the twentieth century)

2021 ◽  
Author(s):  
Nazar Mayboroda
Keyword(s):  
Film Industry ◽  
Professional Activity ◽  
French Cinema ◽  
Scientific Methods ◽  
Russian Art ◽  
Professional Activities ◽  
French Film ◽  
Complex Process ◽  
Before And After ◽  
General Scientific

The purpose of the article is to identify the specifics of the formation and development of stunt art in French cinema of the 1950-1970s; analyze the contribution to the process of formation in the European film industry stunt as a profession of French actors and performers of film stunts. Methodology. The scientific provisions of the article are reasoned at the level of the totality of general scientific methods of cognition and approaches of modern art history. The historical, analytical and typological methods were applied, which contributed to determining the specifics of the professionalization process of stunt art in the French film industry in the 1950-1970s, as well as the typological features of cinema stunts of the leading French stuntmen; a method of comparative analysis (to identify the characteristic signs of stunt activities before and after professionalization) and other. Scientific novelty. For the first time in Russian art criticism, the process of development and professionalization of stunt art in European cinema of the 1950-1970s has been studied. on the example of the evolution of French historical stunt scenes (films “cloak and sword”), adventure and detective films; reviewed and analyzed the professional activities of C. Carlier, R. Julien, J. Delamard and other French stuntmen of this period; revealed the influence of American stunt performers, the specifics of the development of French stunt art, as well as characterized the evolution of stunt techniques, the use of existing ones and the development of new safety methods for their implementation. Conclusions. The content and nature of professional stunt activities in the context of cinematic art are non-static, since its dynamism is determined by the stunt status in the continuous qualification system. The stunt man is the stunt developer, stunt coordinator (stunt director), and the head of the stunt troupe. In the 50–70s. XX century in French cinema, a complex process of professionalization of stunt art took place, the motivation of which was the need to assimilate professional knowledge, skills, abilities, and expand the experience of professional activity. The specifics of the French movie stunts by C. Carlier, R. Julien, J. Delamard, and I. Cipher are manifested in originality, exposure to the viewer with a degree of risk, and a specially refined aesthetics.

scholarly journals CLASSIFICATION OF THE OLBIAN COINS OF THE SECOND HALF OF THE 4TH CENTURY BC.

2021 ◽  
pp. 45-58
Author(s):  
Yevhen Kolesnichenko
Keyword(s):  
Research Methodology ◽  
Systematic Approach ◽  
Complete Classification ◽  
Museum Collections ◽  
Scientific Methods ◽  
Monetary System ◽  
New Varieties ◽  
General Scientific ◽  
Private Collections

Since the beginning of the XXI century, the amount of available for the researchers numismatic material has increased significantly, so introducing a new types of coins into the scientific circulation has become an especially relevant in modern numismatics, even when the archaeological context of most of these finds is almost lost. The study of ancient numismatics of Olbia is rapidly gaining in modern Ukraine. At the beginning of the XX century, ancient numismatics already had some significant achievements, but the accumulated material required urgent cataloging and systematization. During last 10 years since the publication of the most important and thorough catalog of ancient coins by Vladlen Opanasovich Anokhin, as well as the results of cataloging Olbia coins by other researchers - Valery Nechitaylo and Grigory Makandarov, numismatics has been enriched by new previously unknown coin types. The aim of the study. The main purpose of the article is to introduce into the scientific circulation new varieties of Olbia coins and to compile the most complete classification of Olbia coins of the IV century BC. Research methodology. In the process of scientific elaboration of the topic general scientific methods were used: analytical, chronological, and topographical, as well as source methods: critical, metrological and iconographic. A systematic approach to the processing of modern finds from private collections and access to the collections of foreign museums was the impetus for writing an expanded classification work. The scientific novelty. The value of the processed materials is that they not only complement this group of coins, but also refine previously published types in unsatisfactory condition, where incorrect reading of the names and trinkets has led to inaccuracies. The Conclusions. The so-called «obol series» covers the period of the Olbia minting around 350-330 BC. The monetary system consists of four denominations: obol (on the coin field depicts Demeter and the eagle on the dolphin), dikhalk (on the coin field depicts Demeter and the eagle on the dolphin), hulk (on the coin field depicts Demeter and the ear, dolphin) and hemihalk (depicts Demeter and dolphin). The die analysis allowed to divide the coins of Olbia of the IV century BC senior denomination for two stylistic groups. According to the results of our own research, we were able to determine the following number of varieties of each of these denominations: obols – 24 types, dikhalks - 6 types, hulks - 6 types, hemihalks - 2 types. We see the prospect of further research in the introduction into scientific circulation of new previously undiscovered varieties of Olbian coins from little-studied sources - materials of museum collections in Ukraine and abroad, among numismatic rarities sold at numismatic auctions and private collections.

scholarly journals INFORMATION AND TECHNOGENIC FACTOR AND HUMAN: A PSYCHOLINGUISTIC ASPECT

2020 ◽  
Vol 33 ◽  
pp. 411-421
Author(s):  
Nataliia MEKH ◽  
Oleh MEKH
Keyword(s):  
Information And Communication Technologies ◽  
Technological Progress ◽  
Human Life ◽  
Communication Technologies ◽  
Research Problem ◽  
Scientific Methods ◽  
Analysis And Synthesis ◽  
Information And Communication ◽  
General Scientific ◽  
The Individual

The article deals with the problem of integration of scientific and technological progress, in particular information and communication technologies in human life, the emergence of an alternative level of dependence of the individual on information and technogenic factors in the psycholinguistic aspect. Analysis of theoretical and practical prerequisites of influence of scientific and technological sphere on a person, particularly information and communication technologies on its psycholinguistic potential, estimation of depth, and practical consequences of influence and further prospects. The general scientific methods of analysis and synthesis of the research problem were used, formalizing the results of domestic and foreign sources, systematization, and comparing existing estimates to identify significant and minor factors and their correlation, generalization of results, forecasting of prospects. Scientific and technological progress in changing man's world has adjusted his ability to choose information, analyze it critically, and formulate objective decisions. More and more people are given not information for analysis but conclusions. The existence of human dependence on information technology comes from the understanding that their creation is a projection of the inner world of man, his views and motives. Therefore, dependence is a downside to existing technological comfort, living conditions, and communication. At the same time, competition requires constant updating of people's knowledge of technology, which only exacerbates this dependency, personal energy costs, psychological fatigue, and problems of motivation. One of the conditions for effective human existence in the information and communication system is violated - synchronization of information processing processes, which negatively affects the psycholinguistic level. The level of human dependence on technology is unprecedented, and further expansion and self-interest will only worsen, in particular psycholinguistic perspectives. The improvement of the situation does not lie in the technological plane, as it increases the level of social morality, an ethos of man and community. Keywords: scientific and technological sphere, information and communication technologies, psycholinguistics, integration, influence.

scholarly journals ON THE LEGAL NATURE OF LAW OF CONFLICT

2020 ◽  
Vol 16 (3) ◽  
pp. 64-72
Author(s):  
Наталия Латыпова ◽  
Наталья Ямалетдинова
Keyword(s):  
Empirical Methods ◽  
Unified Approach ◽  
Dialectical Logic ◽  
Conflict Of Laws ◽  
Scientific Methods ◽  
Legal Norms ◽  
Scientific Discussion ◽  
Legal Nature ◽  
Points Of View ◽  
Development Methods

The term “law of conflict” has firmly entered the categorical apparatus of Russian legal science, but today there is no unified approach to determining its place in the legal system. The article analyzes the scientific discussion, highlights the main points of view in the field of researching law of conflict. Purpose: to analyze the legal nature of law of conflict and determine the main trends in its development. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: legal-dogmatic and method of interpretation of legal norms. Results: the legal nature of law of conflict is manifested primarily in conflict of laws dispersed in various branches of law that ensure law consistency and structural organization. Therefore, it does not belong expressly to any branch. The authors propose to consider law of conflict as a complex inter branch-legal institution.

scholarly journals Classification of factors determining criminality in the sphere of housing and utilities infrastructure

2021 ◽  
pp. 14-25
Author(s):  
Denis Yur'evich Goncharov
Keyword(s):  
Law Enforcement ◽  
Special Role ◽  
Research Subject ◽  
Public Authorities ◽  
Internal Factors ◽  
Scientific Methods ◽  
Determination System ◽  
General Scientific

The research object is criminality in the sphere of housing and utilities infrastructure. The research subject is the combination of factors determining criminality in this sphere. The topicality of such a classification is conditioned by a special role of the housing and utilities infrastructure in the country’s economy. All crimes committed in the housing and utilities infrastructure, trespassing upon property, also threaten public safety. The author uses general scientific methods of dialectics, analysis and generalization, as well as specific methods of summarizing and grouping. The author formulates the classification of factors determining criminality in the sphere of housing and utilities infrastructure. The classification is based on the distinction between objective (external) and subjective (internal) factors. The former ones are historically determined, i.e. caused by the existing mechanisms functioning in the sphere, which can be overwhelmed only by means of reforming the regulating legislation and modernizing the engineer infrastructure. The latter ones are caused by the drawbacks in the organization of public authorities supervising the housing and utilities infrastructure, and law enforcement bodies. The proposed determination system allows organizing comprehensive and targeted planning of measures preventing this type of criminality.   

scholarly journals Importance of the principles of criminal law in the classification of crimes

2021 ◽  
Vol 108 ◽  
pp. 02007
Author(s):  
Konstantin Aleksandrovich Volkov ◽  
Vladimir Valerievich Agildin ◽  
Bulat Umerzhanovich Seitkhozhin
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Preliminary Investigation ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
Legal Method ◽  
General Scientific ◽  
Law Regulation

The correct qualification of a crime provides the basis for achieving the goals of criminal liability, including sentencing a just punishment. During qualification, law enforcement agencies (investigative bodies, inquiry bodies, and court) often face problems caused by contradictions in criminal law regulation (a gap in law, defects in law, legal conflicts, evaluation categories of law, etc.). According to the authors, it is possible to eliminate the contradictions of criminal law regulation by applying the principles of criminal law as a direct regulator of criminal law relations. Purpose of the research: to identify the problems of qualifying crimes in the modern practice of preliminary investigation bodies and courts, as well as to determine the place and role of the principles of criminal law in the process. Framework of the research. The research was carried out with general scientific methods (dialectical, statistical, comparative legal); in addition, methods of analysis, deduction, synthesis, as well as a formally legal method, were used in the research. Conclusions: the authors draw the conclusion that the principles of criminal law should be considered as an independent fundamental form of Russian law.

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