scholarly journals Current state of practical applying criminal punishment in the form of imprisonment for a certain period in relation to juveniles

2021 ◽  
Vol 229 (6) ◽  
pp. 32-44
Author(s):  
EVGENIYA N. FEDOTOVA ◽  

The article analyzes the criminal punishment in the form of imprisonment for a certain period in terms of its application to juveniles. The article considers the criminal, penal and criminological aspects, as well as the correlation of the procedure for applying the specified criminal punishment with the provisions of international standards in the administration of juvenile justice. The subject of the article is the statistical reporting of the Judicial Department at the Supreme Court of the Russian Federation, the Federal Penitentiary Service of Russia, the Ministry of Internal Affairs of Russia, Russian legislation, provisions of international regulatory legal acts, scientific literature on the stated topic. The purpose of the study is to comprehensively analyze punishment in the form of imprisonment for a certain period of time as a type of punishment applied to juveniles, to identify problems in the practice of its appointment and execution in relation to the designated category of persons, as well as to find possible ways of eliminating such problems. The methodological basis of the research was made up of statistical, comparative legal, systemic and structural methods, analysis, synthesis, induction and other general scientific methods. The author has investigated the essence and content of imprisonment, the procedure for its appointment to juveniles, analyzed the data of judicial statistics. On the basis of statistical data of the Federal Penitentiary Service of Russia, the practice of organizing the execution of sentences in the form of imprisonment in relation to underage persons has been studied. A criminological personality study of a juvenile convicted to this type of criminal punishment, held in an educational colony, has been carried out. The main tendencies and peculiarities of appointing imprisonment for juveniles and the practice of its implementation are revealed, the effectiveness of this type of punishment for juveniles is assessed, the existing problems are formulated, and the author's ways of eliminating them are proposed. In conclusion, the author states that, in general, the practice of applying imprisonment to juveniles does not have critical problems and complies with the requirements of international normative legal acts. The main problem is the weak organization of post-penitentiary monitoring of minors who have served their imprisonment sentence. Key words: juvenile, imprisonment, educational colony, juvenile delinquent, juvenile delinquency, re-socialization.

In today's world, recreation and tourism have a greater social value. The development of tourism activities in the region is part of the socio-economic complex, and directly affects sectors such as industry, trade, transport, agriculture and production of consumer goods and is one of the promising areas in the formation of the economy's GDP. It is the existing tourist resources and the main objects of tourist infrastructure that create the need for a detailed study and analysis of their state of use and prospects in tourist activity. The article analyzes the current state of development, problems and prospects of the tourism industry of Poltava region. The subject of the article is the peculiarities of tourism development in Poltava region. The aim is to identify the features, problems and prospects of tourism development in Poltava region. Tasks: identification of features of the market of tourist services of Poltava region and prospects of development of tourist services. General scientific methods are used: analytical, static, descriptive, comparative. The following results were obtained: based on the study, it was found that Poltava region has a strong tourism potential, but also has weaknesses in tourism development. It is proved that Poltava region can offer competitive tourist products in all promising tourist areas and has all the opportunities to successfully enter the tourist market, provided that the existing problems are overcome. Conclusions: it is necessary to increase the level of the main areas of stimulating tourism, which will strengthen the economy, fill the budget, create a strong tourism industry and preserve the historical and cultural heritage.


Author(s):  
Iryna Y. Puchkovska ◽  
Oleksandr O. Biliaiev ◽  
Victor P. Yanyshen ◽  
Hanna O. Urazova

Every year, the vast majority of countries switch to an online environment. This is especially true for online stores. The subject of this study is the system of consumer protection upon buying goods in online stores and its effectiveness. The purpose is to analyse the state of development of e-commerce in Ukraine and the system of consumer protection upon purchasing goods in online stores. The following general scientific methods were used: classification and theoretical generalisation – to study the theoretical foundations of e-commerce; statistical analysis – to analyse the current state of e-commerce in Ukraine and the consumer protection system. The following results were obtained: based on the analysis of the provisions of current legislation and the experience of foreign countries describing the development of the e-commerce market in Ukraine and the world, the main trends that have developed have been identified, the positive and negative aspects of e-commerce have been identified, as well as the effectiveness of the consumer protection system upon purchasing goods in online stores. It was concluded that the “e-commerce” industry is developing very dynamically. Consumer protection upon purchasing goods through online stores is carried out as with a regular purchase and sale, but it has a number of specific features. To attract potential customers and build their trust, online stores try to post as much information about their products and services as possible on their official websites, including customer reviews. This indicates that the sellers themselves are interested in resolving disputes as soon as possible and preserving their reputation. Taking this into account, it is the improvement of the consumer literacy of citizens, the ability to fully exercise their rights, and to protect their interests in case of certain contradictions that is one of the ways to solve the existing problems


2021 ◽  
Vol 10 (45) ◽  
pp. 113-119
Author(s):  
Andrii Hryhorenko ◽  
Oleh Musiienko ◽  
Viktoriia Boiko-Dzhumelia ◽  
Andrii Sakovskyi ◽  
Anna Myrovska

The purpose of the article is to analyze the method of reconstruction as one of the general scientific methods of criminology used in the investigation of crimes. The subject of research is the method of reconstruction in forensic science. The research methodology includes the use of general scientific and special methods of scientific cognition: dialectical, historical and legal, formal and logical, comparative and legal, logical, system and structural methods, method of generalization. Research results. General scientific methods of criminology and their significance for crime investigation are considered. Reconstruction as a type of modeling method and its place in the system of forensic methods is defined. The signs of reconstruction and its features distinguishing from modeling are analyzed. The variants of reconstruction and their features are given. Practical meaning. The concept of reconstruction as an independent method of crime investigation and its implementation in the system of investigative (search) actions are proposed. Value / originality. Emphasis is placed on the need for further study of reconstruction as a special method of investigating crimes.


2019 ◽  
Vol 110 ◽  
pp. 02015
Author(s):  
Guzaliya Klychova ◽  
Jamila Leontieva ◽  
Alsou Zakirova ◽  
Evgenia Zaugarova ◽  
Shaukat Khusainov ◽  
...  

The present research studies basic principles of personnel audit, considers new requirements for auditing due to the entry into force of international standards, develops working documents for the auditor that allow increasing the efficiency of personnel audit and coordinating audit procedures with the work of the personnel at the audited company, applying general scientific methods, such as systematic approach, comparison, economic-statistical method, method of systematization and generalization of data. The article describes the main stages of the personnel audit, reveals mechanism for organizing, planning, conducting, and issuing the results of the personnel audit, provides specific material, which helps to develop an idea on the personnel audit fulfillment at the level of an individual economic entity. The research offers methodological toolkit of personnel audit, which makes it possible to assess the state of the personnel management system, the interests and values of an employee, his attitude to the existing problems and their comprehension.


2018 ◽  
Vol 2 (1) ◽  
pp. 164-179
Author(s):  
Marina G. Sedelnikova ◽  
Alexandra A. Puzyreva

The subject. The article is devoted to analysis of pension disputes resolution in courts.The purpose of the article is to reveal trends of pension disputes resolution and identify the ways of increasing the efficiency of judicial protection of citizens’ pension rights.The methodology. Both general scientific methods (analysis, synthesis, description) and special scientific methods (formal-legal methods method of legal interpretation) were used.Results, scope of application. Pension legislation still does not contain a legal definition of the term “pension dispute” despite currently the prevalence of this category of cases; the legal science still has not developed a uniform approach to definition of the essence of the pension dispute.Special attention is paid to the issues of definition of the facts in proof, that is complicated because of instability of the pension legislation and a large amount of normative array. Special rules relating to the admissibility of evidence are divided from legally significant circumstances. The attention is focused on the most problematic points that arise in the process of proving: the procedure for confirmation of experience, employment in certain types of work quotas.Recommendations aimed at improving the effectiveness of judicial protection of the pension rights of citizens are formulated on the basis on the analysis of the identified problems that arise during consideration of pension disputes by law enforcement authorities. Recommendations include the need to improve the quality of normative legal acts, systematization of the pension legislation, increasing demands for training of judges, the creation of conditions conducive to the judges’ specialization. The necessity of increase activities of the Supreme Court in the process of issuing clarifications on issues arising in the application of the pension legislation is also considered.Conclusions. The existence of a number of features of the substantive and procedural legal order in pension legislation is proved. Such features include the retrospective of the pension legislation, the resolution of pension disputes in both administrative and judicial procedures, the inability to use the mediation procedures and settlement agreement, the specifics of the subject of the relevant dispute, a large number of exemptions from payment of state fees, and special requirements for the content of the operative part of the judgment.


Author(s):  
Oksana V. Kaplina ◽  
Oksana P. Kuchynska ◽  
Oksana M. Krukevych

The relevance of the study is determined by the need to improve the procedure for obtaining information provided by minors and juvenile witnesses during interrogation regarding the circumstances known to them in criminal proceedings at the litigation stage, while ensuring the best respect for the children's interests. The authors employed philosophical, general scientific, and special scientific methods of cognition, which allowed conducting a detailed analysis of the procedure for interrogating minor and juvenile witnesses at the litigation stage. To develop scientific proposals for improving the legislative regulation of the interrogation of minor and juvenile witnesses during the litigation, the study defined the principles of child-friendly justice that must be observed during this procedural action, as well as the guarantees stipulated by the Criminal Procedural Code of Ukraine and aimed at implementing international standards for ensuring the rights of minors in criminal proceedings. The authors of this study state that the legislative definition of requirements imposed separately on the teacher, psychologist, and doctor involved in the interrogation of minor or juvenile witnesses, as well as the procedure for involving such persons by the court and the pre-trial investigation body, would considerably improve the quality of the required aid to minor witnesses and would meet international standards. The study analyses the international practices concerning the introduction of the institution of representation in the litigation of pre-recorded testimony of minors and juvenile witnesses. The authors established that the introduction of such an institution is absolutely justified and will have an exceptionally positive effect both for minor and juvenile witnesses, as well as for the process of proof, and can be implemented in Ukrainian legislation. Scientific proposals have been developed to improve the legislative regulation of the interrogation of minor and juvenile witnesses during court proceedings


Author(s):  
Tat'yana Kandabarova

The article discusses criminal punishment in historical and modern aspects. The term «criminal punishment» is multidimensional both in everyday and scientific understanding, functional properties are diverse. Without punishment there is no crime, and without crime there is no punishment. Hence the familiar phrase «crime-punishment». The role of criminal punishment in countering socially dangerous acts, its effectiveness causes discussion. The issues of sentencing at different times have always been and are receiving a lot of attention, both from legal scholars and from practitioners. The improvement of modern legislation in terms of criminal punishment gives reason to say that there is an understanding and research of the problems of the application of criminal punishment in modern society. Punishment expresses, on behalf of the State and society, a negative legal, social and moral assessment of the criminal act and the offender and consists in the deprivation or restriction of rights and freedoms provided for in criminal legislation. The purpose of this study is to study criminal punishment, its goals and practice of application, consideration of historical prerequisites. To achieve this goal, it is necessary: to investigate the institution of sentencing in the history of development, to study the current state of the institution of punishment, its goals and practice of application in modern Russia. The methodological basis of the work was made up of general scientific methods (historical, logical, system-structural, comparative legal analysis).


2019 ◽  
pp. 83-88
Author(s):  
E. N. Valiev ◽  
E. N. Veysov

The importance of the subject of this study is attributable to the need of developing the theory and practice of formation of bank marketing, its features and new trends associated with this concept. Prospects for the development of banks and their ability to quickly and efficiently address new challenges presented by the market can be determined through modern forms, methods of management and creative use of financial marketing opportunities.Aim. The presented study aims to examine the specific aspects, principles, conditions, factors of emergence, and prospects for the development of bank marketing and forms of its management in modern economic conditions.Tasks. The authors identify the major trends and perspective directions in the development of bank marketing in Azerbaijan at the current stage.Methods. As its methodological and theoretical basis, this study uses a systems approach to the analysis of its subject, conceptual approaches outlined in the works of Azerbaijani, Russian, and foreign scientists in the field of bank marketing. These methods are used to determine the essence of bank marketing, present the types and organization of marketing research, and identify the characteristic traits, new forms, and directions for the development of bank marketing.Results. The study uses general scientific methods of cognition in various aspects to identify characteristic traits, trends, and new directions of bank marketing. A review of scientific publications shows that academic papers tend to focus on general conceptual approaches to the practical application of marketing. The authors believe that the issues of organization of a comprehensive bank management system, its implementation based on innovations in the promotion of banking products and services in the financial market, and substantiation of channels for their distribution among consumers are insufficiently explored. This makes the subject of this study extremely relevant due to the inevitable optimization of the organizational structure of banks through comprehensive implementation of the marketing system.Conclusions. Theoretical and practical issues of bank marketing are examined. As a result, the specific features and characteristic traits of this mechanism, conditions and factors for its emergence, and its prospects in the context of the digital economy are analyzed.


Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.


2021 ◽  
Vol 3 ◽  
pp. 92-98
Author(s):  
O. А. Zaytsev ◽  

The article examines the problematic issues of applying measures to protect the rights and legitimate interests of entrepreneurs in cases of crimes in the field of economic activity. The material-legal and criminal-procedural mechanisms used in the course of proceedings in this category of cases are examined. Special attention is paid to the analysis of the legal positions of the Supreme Court of the Russian Federation, reflected in the decisions of the Plenum of November 15, 2016 № 48 and October 3, 2017 № 33. The purpose of this study is to identify the most acceptable areas of activity of judicial and law enforcement agencies to protect the rights and legitimate interests of entrepreneurs involved in criminal proceedings. The objectives of the study are: a) to determine the specifics of criminal and criminal procedure legislation containing humane mechanisms for the category of cases under consideration; b) to highlight the positions of scientists who conduct research in this field of activity; с) substantiation of recommendations for the further development of criminal policy in the direction of liberalizing the current structure of crimes in conjunction with the improvement of criminal procedural forms of criminal proceedings. The methodological basis of the research was the dialectical method of cognition, General scientific methods of abstraction, analysis and synthesis, as well as special legal methods. Promising ways of development of criminal policy in the field of formation of legislation that allows the most effective protection of the rights and legitimate interests of entrepreneurs are proposed. The conclusion is made about the need for further scientific study of the system of material-legal and criminal-procedural mechanisms used in the proceedings on crimes committed in the sphere of business and other economic activities.


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