scholarly journals Harm Caused by a Crime to a Legal Entity: Criminal Legal, Criminal Intelligence and Criminal Procedural Aspects of Comparative Legal Research

2021 ◽  
Vol 11 (2) ◽  
pp. 1377-1385
Author(s):  
Dmitriy Aleksandrovich Ivanov

The authors analyse the existing problems related to the determination of the extent and nature of harm caused by a crime to a legal entity in accordance with the legislation of Russia and Vietnam in theory and practice. According to the authors, the current legislation of Russia and Vietnam defines various methods, the use of which makes it possible to determine the characteristics of harm for a victim – a legal entity, such as: the investigative proceedings, the conduct of criminal intelligence measures, the examination of documentary records, audits, and other studies. At the end of the research the authors formulated the conclusion that now there are difficulties in determining this type of harm as business reputation, as a result of this phenomenon the right of a victim for harm compensation is limited. Consequently, the further development of the system of legislation requires the creation of the most effective methods in order to quickly and expediently establish the nature and extent of non-property damage (including business reputation) caused by a crime to a legal entity.

2019 ◽  
Vol 29 (1) ◽  
pp. 273-287

The article examines the impact of the discourses concerning idleness and food on the formation of “production art” in the socio-political context of revolutionary Petrograd. The author argues that the development of the theory and practice of this early productionism was closely related to the larger political, social and ideological processes in the city. The Futurists, who were in the epicenter of Petrograd politics during the Civil War (1918–1921), were well acquainted with both of the discourses mentioned, and they contrasted the idleness of the old art with the dedicated labor of the “artist-proletarians” whom they valued as highly as people in the “traditional” working professions. And the search for the “right to exist” became the most important goal in a starving city dominated by the ideology of radical communism. The author departs from the prevailing approach in the literature, which links the artistic thought of the Futurists to Soviet ideology in its abstract, generalized form, and instead elucidates ideological influences in order to consider the early production texts in their immediate social and political contexts. The article shows that the basic concepts of production art (“artist-proletarian,” “creative labor,” etc.) were part of the mainstream trends in the politics of “red Petrograd.” The Futurists borrowed the popular notion of the “commune” for the title of their main newspaper but also worked with the Committees of the Rural Poor and with the state institutions for procurement and distribution. They took an active part in the Fine Art Department of Narkompros (People’s Commissariat of Education). The theory of production art was created under these conditions. The individualistic protest and “aesthetic terror” of pre-revolutionary Futurism had to be reconsidered, and new state policy measures were based on them. The harsh socio-economic context of war communism prompted artists to rethink their own role in the “impending commune.” Further development of these ideas led to the Constructivist movement and strongly influenced the extremely diverse trends within the “left art” of the 1920s.


1985 ◽  
Vol 26 (6) ◽  
pp. 705-708 ◽  
Author(s):  
L. E. Lörelius ◽  
A. Hemmingsson ◽  
A. Hägg ◽  
C. Mörlin ◽  
H. Åberg

Eight patients with unilateral and 12 patients with bilateral fibromuscular dysplasia of the renal arteries were re-examined after 3 to 11 (mean 6) years. Angiographic progression was evaluated in a score system and occurred in 19 of the 20 patients, 83 per cent had progression on the right and 54 per cent on the left side. The most frequent indications of progressive disorder were increase in the length of the lesion and the number of membraneous stenoses. Less sensitive was the determination of least luminal diameter, mainly due to difficulties in measuring this in the majority of cases. Nine of the patients had clinical progression of hypertension. These patients did not differ in angiographic score from the 11 without such progression. Because of the progressive nature of the disease and the existing problems to evaluate the hemodynamic significance of fibromuscular dysplasia, a frequent use of percutaneous transluminal angioplasty is recommended.


Author(s):  
Kostiantyn Mamonov ◽  
Svitlana Kamchatnaya ◽  
Yevhen Orel ◽  
Oleksandr Saiapin

The purpose of this article is to study and develop a methodological approach tosolving the problem of accuracy of the geodetic base of the route. For this purpose, the followingtasks are set: mathematical substantiation the dependence of the line length on the ratio of the traceslope and the guide slope; description of the function of optimal use of the guiding slope at highspeed; determination of the impact of errors in the course of the geodetic justification on the routelength. Starting from the determined point and further to the right, artificial development of the lineis required. Because when a trace is planed using level curves, this point can be reached sooner orlater, and in some cases, this point can not be reached not at all, the line length designed accordingto the plan will be slightly different than in the case of tracing with usage the exact data. Thus, theobtained results indicate the following. If the error positions during a high-speed segment are suchthat the ordnance datum of the passage is less than the truth, the route length will be less than thetrue and vice versa. This trivial result indicates that the location of geodetic support points ondifferent sides of the pass is not recommended. It is established that due to the accumulation of errorsin the transmission of coordinates in the working substantiation networks, the conditions of the linedesign and the amount of operating costs change. It is mathematically substantiated that the linelength depends on the depth of the excavation on the pass and the height of the embankment at thepoint, and also on the difference of ordnance datum at these points. The difference between the traceslope and the guiding slope has an inversely proportional effect. In addition, the function of optimaluse of the guide slope at a high-speed segment has the form of a broken line according to its fracturesthe need for artificial development of the route can be established. The influence of errors in the course of the working justification is manifested in the discrepancy between the true and projectedroute length. If this error is not taken into account, it will lead to significant overspending duringbuilding a longer line than necessary. Further development of the problem of increasing the accuracyof tracing and reducing the impact of errors is planned in the direction of creating methods of digitalmodelling and automated programs.


1995 ◽  
Vol 23 (1) ◽  
pp. 199-203 ◽  

The determination of the Estonian people and the support of Russian democratic forces made Estonia's statehood possible again. But the crisis in society has not yet been overcome. Estonia's further development can go on undisturbed only when there is stability in national relations, taking into consideration the interests and rights of all the groups of society, and people's safety and domestic tranquility is secured. Today, Estonia's prime goal is to become integrated once again into Europe. Experience has already shown that it is possible to join Europe's current movement towards unity only with a modern, civilized, democratic and stable society. This is how EDLP sees the future Estonia, and it is why EDLP is against all political steps that might endanger democracy, political and economic rights and freedoms, restrict a person's or society's free development, or endanger the stability and domestic peace. EDLP is categorically against all kind of extremism in the political sphere and is intolerant of discrimination aimed against political views. Without opposition there is no democracy. The majority may be right, but the minority has the right to its views, the right to express and protect those views freely—this is the firm conviction of the EDLP.


2021 ◽  
Vol 16 (12) ◽  
pp. 144-155
Author(s):  
V. A. Kovalenko

The paper examines the types of harm provided for by domestic legislation, their procedural features in a criminal case by filing a civil claim. The author argues that there is a need to amend the existing normative legal acts regulating the issues of compensation for harm caused by a crime, in particular, presents some arguments about the disclosure and legislative consolidation of the concept of “harm” in the framework of criminal proceedings. The author analyzes the gaps associated with compensation for property damage, in terms of the difficult simultaneous compensation for property and moral damage, as well as the lack of opportunity in the criminal procedure to recover lost profits. Some features of compensation for moral damage in relation to individuals and legal entities are investigated, for example, the issue of applying the rules for compensation for moral damage when a civil claim is filed by a legal entity. The process of proving the damage caused and the gaps in the issues of awarding compensation amounts in civil claims for compensation for damage, taking into account judicial practice, are considered. The author expresses her opinion on the matter of interim measures application in relation to the property of tortfeasor and imposing on the judge the obligation to render a decision in case of such a need, and not the right. Some differences between a civil claim for damages in criminal proceedings and civil proceedings are given, for example, the possibility of indexing the amounts subject to compensation has been analyzed. The analysis of some regulatory acts and the study of the procedure for compensation for harm caused by a crime in the UK. The author presents an argument about the development of scientifically grounded methodological recommendations that would fully reveal the existing gaps and problems in compensation for various kinds of harm caused by a crime.


2020 ◽  
pp. 67-75
Author(s):  
S.A. Korsakova ◽  
L.A. Savinkina

The article identifies the current management problems that hinder the development of the sphere of children's tourism, manifested in the need to develop special measures to support children's tourism; determination of a single department coordinating the organization of children's recreation; improving the conceptual apparatus of children's and youth tourism; provision of tourist services to underage tourists by qualified specialists with special training, as well as recommendations for the further development of children's tourism.


2020 ◽  
Vol 21 (7) ◽  
pp. 1446-1463
Author(s):  
Antonia Layard

AbstractThis Article considers the development of urban law. It suggests that urban law is socio-legal in its exploration of law’s role in the production of the city and urban life, enabling the study of the city as a distinctive legal entity. Addressing the question “why urban law?,” this Article considers similar debates in geography and urban policy before developing three arguments for studying urban law: (i) urbanism is a vibrant field of scholarly research; (ii) socio-legal research can take an explicitly normative focus in pursuit of improving urban quality; and (iii) at a city scale we can investigate governance concepts of territory, sovereignty and jurisdiction. One of the difficulties with urban law is finding the right level of analysis, covering sufficient legal and empirical detail whilst also making the city legible at an urban scale. Although this tension produces imperfect compromises, accepting the limitations means that we can begin the shared task of developing an intellectual infrastructure, a grammar, for the study of urban law.


2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Francisco Martinez Cruz

The right to self-determination has become an increasing legitimate demand of peoples seeking recognition and autonomy. In the beginning, this right was conceived in favor of peoples that depended on colonial powers, but today it has become a claim of any people that considers itself a people, as in the case of indigenous peoples or non-colonized peoples. This concept of the right to self-determination seems to be the path leading to a more heterogeneous world. Conversely, the rise of various problems that affect us globally seems to require the creation of international political institutions capable of solving these problems, which would most likely lead us toward a more homogeneous global order. Although both tendencies have powerful reasons that make them irreversible, it is not clear how they can co-exist. In this article, the author discusses whether a broad notion of the right to self-determination is compatible with three different models of global order proposed by Thomas Christiano, Rafael Domingo, and James Bohman, respectively.


2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Umi Hani

This study aims to analyze: 1) the Islamic view of the  marriages, 2) a comparison of 4 schools about the marriages of marriage in Islam. Type of juridical-normative research or doctrinal legal research. Library research, namely research activities carried out by collecting and tracing data and processing (books, literature and library materials) related to the topic of discussion. The type of research is qualitative research which is a particular tradition in social science that is fundamentally dependent on humans in its own region and relates to these people in its discussion and in its terminology. Material of the Law of the Qur'an, hadith, and the opinion of the school of Iman Syafii, Hanafi Faith, Maliki Imam, Hambali Faith. The data analysis method used in this research is analytical descriptive method.The results of the study explain that dowry may be in the form of money, jewelry, household furniture, animals, services, commercial property or other objects that have a price. or a sack of wheat. If it is not known from various aspects that allow determination of the amount of dowry, then according to all schools except Maliki, the contract remains valid, but the dowry is null. While Maliki believes that the contract is invalid and in fact before mixing at the campuri, the contract is declared valid by using mahar mitsli. Maliki said that if the contract had not been mixed it was invalid. But if there had been a mixture then the contract was declared valid and the wife had the right to mitsli mahr. Meanwhile, Syafi'i, Hanafi and Hambali argue that, the contract remains valid, and the wife has the right to mitsli mahr.


2018 ◽  
Vol 16 (2) ◽  
Author(s):  
Sutrisno Sutrisno ◽  
Yustina Retno Wahyu Utami ◽  
Andriani Kusumaningrum,

Inappropriately high school majors can be detrimental to students in the future. With the right majors are expected to maximize the potential, talent and ability of individual students, so that will maximize the academic value of these students. The method of majors conducted in a school is basically still using conventional methods so there are some weaknesses of the method and in the determination of its course only based on ranking, without specifying the weight of each criteria, with the method based on the analysis and experience that happened there are still some students can not compete with his classmates in developing his academic potential and ultimately to solve the problem in one school to re-clarify at the beginning of the even semester which aims to map the ability of each student and the necessity to build a student majors application based on the academic potential that is able to generate maximum decisions from each student, by looking at the existing problems it is needed an alternative solution that is by designing and building Supporting System Decision in Simple Additive Weighting (SAW) method, supported by Unified Modeling Language (UML) as application design, PHP as programming language and MySQL as its database. In the test of the built application, using the Blackbox method, and the system feasibility test results using 25 test attributes, 21 valid attributes and 4 invalid attributes and a feasibility value generated from the system of 84%, thus the application is eligible to use despite the repair and development still needs to be improved.


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