scholarly journals On certain aspects of compulsory measures of educational influence on minors

2021 ◽  
Vol 1 (11) ◽  
pp. 55-61
Author(s):  
E.S. RAKHMAEV ◽  
◽  
A.M. POTAPOV ◽  
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Educational Institutions ◽  
Existing Problems ◽  
Judicial Practice ◽  
Current State ◽  
Closed Type ◽  
History Of ◽  
State Body ◽  
Educational Influence

The humanization of criminal and penal policy at the present stage is especially clearly manifested in relation to minors, in particular, when they are released from criminal liability through the use of compulsory educational measures. The article examines the history of the formation of the analyzed legal institution, the step-by-step process of its development, draws conclusions about the current state, the number and content of educational measures, provides statistical data on their application, reveals the problems existing in this area. In particular there is an insignificant share of the use of educational measures by the courts, while maintaining a high proportion of juvenile crimes of small and medium gravity. It is stated that the existing judicial practice is due to the presence of gaps in the criminal legal regulation of the use of measures of educational influence, and their implementation is associated with the shortcomings of the legislation that determines the state policy in relation to children and adolescents. On the basis of an analysis of existing problems as well as an assessment of foreign experience in applying similar measures to minors options for their solution are proposed related to the adoption of certain regulatory legal acts or amendments to existing ones that determine the mechanism for implementing measures of educational influence; creation of a state body with appropriate competence; the expansion of the participation of public organizations in the context of the reduction of special educational institutions of a closed type.

scholarly journals Problems of Legal Regulation of Academic Integrity Compliance in Ukraine

2020 ◽  
Vol 91 (4) ◽  
pp. 97-107
Author(s):  
O. V. Bernatskyi
Keyword(s):  
Academic Integrity ◽  
Scientific Work ◽  
Legal Regulation ◽  
Point Of View ◽  
Educational Institutions ◽  
Regulatory Requirements ◽  
Existing Problems ◽  
Current State ◽  
Scientific Papers ◽  
The Law

The current state of legal regulation of academic integrity in Ukraine has been analyzed. It has been found out that the standards of academic integrity are still poorly studied in the scientific field in Ukraine. However, some aspects of the legal regulation of academic integrity have already been considered in the works of national scholars. However, given the relative novelty of the term of “academic charity” in the current legislation, a number of issues of legal regulation of academic integrity in Ukraine remain relevant and unresolved. It has been noted that the regulatory requirements for the standards of academic integrity were first enshrined only in 2017in the Art. 42 of the Law of Ukraine “On Education”. It became the legal basis for the protection of the author’s scientific work from its appropriation or unjustified publication by another person. Until now, the “standards” of academic integrity were not enshrined in law, although they were used to some extent in verifying the results of dissertation research. This aspect is still problematic from the point of view of legal regulation, and hence practical application. The following problems of the current state of legal regulation of academic integrity in Ukraine have been identified: diversity in the approaches of educational institutions to the criteria used in testing scientific papers for literary piracy; the existence of a legal conflict regarding the regulation of the issue of “self-plagiarism” between the provisions of the Law of Ukraine “On Education” and the Resolution of the Cabinet of Ministers of Ukraine No. 567 dated from July 24, 2013; the need to distinguish between additional and detailed liability for the violation of academic integrity; inconsistency of terminology in the current legislation, etc. Ways to solve existing problems have been suggested.

Current State of Legislation, Law Enforcement and Judicial Practice in the Sphere of Conclusion, Modification and Termination of Lease Agreements for Land Plots, Concluded for Construction Purposes

2020 ◽  
Vol 1 ◽  
pp. 16-23
Author(s):  
V. V. Cheremukhin ◽  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Legal Regulation ◽  
Scientific Development ◽  
Synthesis System ◽  
Judicial Practice ◽  
Current State ◽  
General Scientific ◽  
Statistical Indicators

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

scholarly journals The History of the Development of the French Laws on Criminal Liability of Legal Entities

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Economic Crime ◽  
Penal Code ◽  
Criminal Prosecution ◽  
History Of ◽  
The Law ◽  
Legal Entities

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.

MEDICAL CRIMINAL LAW IN RUSSIAN FEDERATION: PROBLEMS AND PROSPECTS FOR DEVELOPMENT

2020 ◽  
Vol 13 (6) ◽  
pp. 93-97
Author(s):  
ANNA SEREBRENNIKOVA ◽  
Keyword(s):  
Public Relations ◽  
Criminal Law ◽  
Medical Services ◽  
Educational Institutions ◽  
Criminal Cases ◽  
Related Services ◽  
Legal Norms ◽  
Judicial Practice ◽  
Current State ◽  
Scientific Substantiation

The current state of medical services has long become one of the most important issues of understanding what exactly should serve as a template for their required quality, and why, the role and responsibility of a medical worker are not always considered as the main factors in resolving a situation when the life and health of a patient were exposed to unjustified danger. The article is devoted to the author's new approach to the criminal law regulation of public relations in the field of medical services. Purpose of the article: The author aims to present a scientific approach and scientific substantiation of the possibility of the emergence in the future of a new sub-branch of criminal law - medical criminal law. Methodology and methods: the article uses methods of analysis, synthesis, deduction, as well as the method of interpretation of legal norms, which make it possible to better comprehend the institutions of criminal law and highlight a new branch of law Conclusions: the problem of the presence of imperfections in the current legislation is relevant to study, as evidenced by judicial practice in criminal cases, discussions and works of legal scholars. The author, citing examples from practice, draws attention to the density of the relationship between the sphere of medical services and other related services, and also draws parallels between the grounds that can and should cause the emergence of the considered branch of law. Application of the results: The article is intended for the widest range of readers, including undergraduate and graduate students of higher educational institutions, who study the problems and imperfections of the current criminal law. The material can be used as a guide for the preparation of practical and seminars.

scholarly journals The History of the Formation of Judicial Regulation in the Military Judicial System of Russia

2021 ◽  
Vol 4 ◽  
pp. 17-22
Author(s):  
Kirill V. Legkov ◽  
Keyword(s):  
Military Personnel ◽  
Legal Regulation ◽  
Judicial System ◽  
State Structure ◽  
Historical Sources ◽  
Scientific Publications ◽  
Judicial Practice ◽  
History Of ◽  
Judicial Protection ◽  
The Military

Based on the analysis of historical sources, scientific publications and judicial practice, the article examines the little-studied issues of the emergence and formation of legal regulation in the military-judicial system of Russia of this type of judicial activity as judicial regulation, which has an important role in the judicial protection of the rights of military personnel against the background of the formation of the modern state structure of the country.

scholarly journals Placement in closed-type special educational institutions (CTSEI) as a complex legal institution

2021 ◽  
Vol 118 ◽  
pp. 03006
Author(s):  
Valeria Aleksandrovna Terentyeva ◽  
Irina Anatolyevna Gaag
Keyword(s):  
Criminal Law ◽  
Federal District ◽  
Educational Institutions ◽  
Siberian Federal District ◽  
Full Sample ◽  
Coercive Measures ◽  
Closed Type ◽  
Disciplinary Process ◽  
A Minor ◽  
Educational Influence

The purpose of this study is to examine the institute of coercive measures of educational influence from the perspective of the possibility of combining the criminal-law regulation and correctional influence exercised within the framework of other branches of law. The methodological basis is a longitudinal study of persons released from criminal punishment using compulsory measures of educational influence, the article analyzes the peculiarities of juvenile delinquency of a special category. The study is based on a full sample of juveniles held in closed-type special educational institutions in the Siberian Federal District (300 sentences in total) and on a sample of 100 sentences against persons subjected to the measures provided for by criminal law. The result of the study is that the regulation of coercive measures of educational influence by criminal law alone is clearly not enough; the disciplinary process requires more soft norms that would reflect the age characteristics of juveniles. The novelty of the study lies in the reasonable conclusion that such norms are contained in the administrative, civil, and family branches of law, which are involved in the subsidiary regulation of legal relations arising as a result of the release of a minor with the use of coercive measures of educational influence.

scholarly journals The history of the formation of notariat in Kostroma land

2019 ◽  
pp. 210-213
Author(s):  
Ivan N. Mel'nikov ◽  
Ol'ga A. Smirnova
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Local History ◽  
The State ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Current State ◽  
History Of ◽  
History Of Law ◽  
State Archives

The article is devoted to the study of the process of formation of the institution of notaries in Kostroma land. The work identifi es the main stages of the development of the institution of notaries in the development of the state and the sources of legal regulation of this area of law enforcement. In the process of the historical and legal analysis, the peculiarities of the practical activity of notaries, refl ected in the documents which are stored in the holdings of the State Archives of Kostroma Region, are revealed. Particular attention is paid to the implementation of the judicial reform of 1864 and its role in the formation of the Russian notariat. The main purpose of the work was to assess the infl uence of historical experience on the current state of the institution of notaries, as well as to identify lost traditions in this area of jurisprudence. The results of this study may be of interest to specialists in the fi eld of history of law and local history.

scholarly journals Animals as objects of legal protection in the Republic of India

2021 ◽  
Vol 27 (2) ◽  
pp. 181-186
Author(s):  
Evgeniy R. Smirnov ◽  
Yana V. Beznosova ◽  
Faridun Z. Zavurbekov ◽  
Nikolay V. Ostroumov
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Legal Regulation ◽  
Animal Protection ◽  
Existing Problems ◽  
Judicial Practice ◽  
Indian State ◽  
Ancient Times ◽  
The Republic ◽  
Special Rights

The article analyses the legal acts of the modern Republic of India aimed at protecting animals from human actions that cause physical and mental suffering. It is emphasised that the Indian legislator recognises the presence of feelings, emotions, experiences and consciousness in animals. The authors studied the report of the World Society for the Protection of Animals, which contains information on the state of legislation and judicial practice in this area. The authors drew attention to the position of Indian judges who explicitly recognise the existence of special rights for animals that are subject to legal protection. The article deals with the issues of legal regulation of the protection of wild, agricultural, laboratory, domestic, circus and captive animals. In relation to each of these categories, there are special legal acts that confirm the commitment of the Indian state to the principle of "ahimsa", which has existed in this country since ancient times, i.e., humane treatment of all living beings. India's legislation dealing with animal welfare issues is progressive compared to many states where such issues are not a priority. Noting the unconditional achievements of the Republic of India in the field of animal protection, the authors did not ignore the existing problems of law enforcement practice that require immediate solutions.

scholarly journals The Concept of Psychological Support of Professional Training of Police Officers

2019 ◽  
Vol 24 (6) ◽  
pp. 28-37 ◽  
Author(s):  
O.A. Ulyanina
Keyword(s):  
Police Officers ◽  
Professional Training ◽  
Psychological Support ◽  
Educational Institutions ◽  
Educational Organizations ◽  
Legal Basis ◽  
Criteria And Indicators ◽  
Existing Problems ◽  
Current State ◽  
And Training

The article reveals the legal, organizational, methodological and substantive aspects of the Concept of psychological support of professional training of police officers in departmental universities.These aspects are structured in a consistent description of the following six sections of the Concept: 1) General provisions: a description of the purpose of the Concept and the regulatory legal basis for its implementation; 2) the current state of psychological work in educational organizations of the Ministry of Internal Affairs: analyzes and highlights the existing problems in the practice of psychologists of departmental education; 3) the goals, objectives and principles of the Concept: outlines the purpose of this Concept, namely, the development of the system of psychological work in the educational institutions of the MIA of Russia; this objective is achieved by addressing a number of tasks and taking into account the principles presented in the description section; 4) the implementation of the Concept: outlines the content of the main information blocks reflecting procedural characteristics, conditions and factors of implementation of the Concept; 5) main activities: reviews the areas of psychological work through the prism of such activities as education, prevention, diagnosis, counseling, correction and training; 6) assessment of efficiency: describes the following criteria and indicators of the effectiveness of psychological support: practical and effective, optimal in terms of activity, motivational and predictive.

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