scholarly journals Smuggling in Sensitive Goods and Resources: Features of Objective Aspect of Crime

2021 ◽  
Author(s):  
Vladislava Konstantinovna Zaigraeva
Keyword(s):  
Objective Aspect

CLASSIFICATION OF COMPLICITY IN THE HOLDING THE HIGHEST POSITION WITHIN THE CRIMINAL HIERARCHY

2021 ◽  
pp. 24-30
Author(s):  
S. V. Kondratyuk ◽  
Keyword(s):  
Social Networks ◽  
Causal Connections ◽  
The Status ◽  
The Law ◽  
Objective Aspect

The author considered the classification of accomplices' acts in obtaining by a person of the highest position within the criminal hierarchy (the thief-in-law status). The research took into account the causal connections between the elements of the co-enforcement system regarding such crime. The paper divided the objective aspect of obtaining the highest position within the criminal hierarchy (the status of a thief in the law) into stages depending on the content of the crime co-perpetrators actions. The author considered the situations with a voluntary refusal of a person from the obtained highest position within the criminal hierarchy (the status of a thief in the law) as well as the conditions for co-executors active repentance. The paper defines an applicant to obtain the highest position within the criminal hierarchy (the thief-in-law status) as a performer. The study established that the status leaders become the co-perpetrators of a crime participating in the decision to grant a person the highest position in the criminal hierarchy (the status of a thief in the law). The co-perpetrators of this crime also include persons who consciously and purposefully disseminate the information about the assignment of a person to the highest position in the criminal hierarchy (the status of a thief in the law). Personal voluntary renunciation of the acquired highest position in the criminal hierarchy (the status of a thief in the law) should be made openly, for example, using the status in social networks or a chat. Active repentance of the accomplices of the crime under consideration provides for the voluntary refusal of a person from the acquired highest position in the criminal hierarchy (the status of a thief in law).

Self-awareness and Ultimate Selfhood

1977 ◽  
Vol 13 (3) ◽  
pp. 319-325 ◽  
Author(s):  
Seyyed Hossein Nasr
Keyword(s):  
Single Mode ◽  
External World ◽  
Self Awareness ◽  
Single Level ◽  
Transcendent Reality ◽  
Levels Of Reality ◽  
The Subject ◽  
Spatio Temporal ◽  
Objective Aspect ◽  
Normal Perception

The fruit of several centuries of rationalistic thought in the West has been to reduce both the objective and the subjective poles of knowledge to a single level. In the same way that the Cogito of Descartes is based on reducing the knowing subject to a single mode of awareness, the external world which this ‘knowing self’ perceives is reduced to a spatio-temporal complex limited to a single level of reality – no matter how far this complex is extended beyond the galaxies or into aeons of time, past and future. The traditional view as expressed in the metaphysical teachings of both the Eastern and Western traditions is based, on the contrary, upon a hierarchic vision of reality, not only of reality's objective aspect but also of its subjective one. Not only are there many levels of reality or existence stretching from the material plane to Absolute and Infinite Reality, but there are also many levels of subjective reality or consciousness, many envelopes of the self, leading to the Ultimate Self which is Infinite and Eternal and which is none other than the Transcendent Reality beyond. Moreover, the relation between the subjective and the objective is not bound to a single mode. There is not just one form of perception or awareness. There are modes and degrees of awareness leading from the so-called ‘normal’ perception by man of both his own ‘ego’ and the external world to awareness of Ultimate Selfhood, in which the subject and object of knowledge become unified in a single reality beyond all separation and distinction.

A Possible Explanation of Rousseau's General Will

1970 ◽  
Vol 64 (1) ◽  
pp. 86-97 ◽  
Author(s):  
Patrick Riley
Keyword(s):  
Political Theory ◽  
Practical Reason ◽  
Political Thought ◽  
Political Legitimacy ◽  
Political Decision ◽  
General Will ◽  
Modern Times ◽  
To Receive ◽  
Objective Aspect ◽  
Objective Existence

A “general will” is a philosophical and psychological contradiction in terms; will is a conception understandable, if at all, only in terms of individual actions. The problem cannot be glossed over by attempting to reduce the general will—as did T. H. Green—to a “common ego,” or to an analogical forerunner of Kant's pure practical reason. Why, then, did Rousseau make so unviable an idea the center of his political theory, and why has that idea continued to receive serious attention?The general will has continued to be taken seriously because it is an attempted (though not explicit) amalgam of two extremely important traditions of political thought, which may be called, roughly, ancient “cohesiveness” and modern “voluntarism.” Political thought since the 17th century has been characterized, among other things, by voluntarism, by an emphasis on the assent of individuals as the standard of political legitimacy. One certainly finds this in many of the most important thinkers between Hobbes and Kant; and even Hegel, while scarcely an “atomistic individualist” or a contractarian, explicitly argued that while “in the states of antiquity the subjective end simply coincided with the state's will,” in modern times “we make claims for private judgment, private willing, and private conscience.” When a political decision is to be made, Hegel continued, “an ‘I will’ must be pronounced by man himself.” This “I will,” he thought, must have an “appropriate objective existence” in the person of a monarch; “in a well-organized monarchy, the objective aspect belongs to law alone, and the monarch's part is merely to set to the law the subjective ‘I will’.” If even Hegel allows this voluntarist turn in his own non-contractarian theory, it goes without saying that all of social contract theory can be seen as the supreme example of voluntaristic ideas.

Colour Wars: Dividing the Spoils

Philosophy ◽  
2002 ◽  
Vol 77 (2) ◽  
pp. 175-192
Author(s):  
Mark Leon
Keyword(s):  
Phenomenal Property ◽  
Standard Interpretation ◽  
Traditional Account ◽  
Objective Aspect ◽  
Made In

It is argued that there is much to be said for a fairly standard interpretation of the thesis that colour, unlike shape, is a subjective or phenomenal property of objects. But if this fairly standard thesis fails to do justice to the ‘objective’ aspect of colour, and justice in this regard is called for, then it is argued we can settle for less; we can settle for the strategy of ‘dividing the spoils’ between subjective and objective accounts. But it is also argued that if we do settle for this, we need to realise that the same ‘egalitarian’ division cannot be made in application to the primary properties. And that it is argued is the insight at the heart of the traditional account.

scholarly journals DEFINITION OF MASS RIOTS IN RUSSIAN CRIMINAL LAWS

2020 ◽  
pp. 32-41
Author(s):  
Sergey A. Eliseev ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Single Person ◽  
Generic Term ◽  
Russian Federa Tion ◽  
The Russian Federation ◽  
Criminal Protection ◽  
Definition Of ◽  
Objective Aspect

The chapter 24 of the Criminal Code of the Russian Federation is devoted to crimes against public security. Articles of this chapter represent enough effectual instruments of criminal protection of public interests and protection of a person as well. However, studying of some articles of the chapter 24 of the Criminal Code and practice of its applying show the necessity to improve prohibitions, provided by it. For example, article 212 of the Criminal Code of the Russian Federation, despite verbalism, doesn’t give a strict idea on content of the subject of crime, provided by it. Literal interpreta-tion of the expression “mass disorder, leading with violence, demolition and arson…” allows to confirm, that subject of crime of mass disorder supposes such elements as mass disorder, violence and other actions, provided by p.1 art.212 of the Criminal Code of the Russian Federa-tion, which are followed by mass disorder, completed by them, committed simultaneously. Part 3 of the article 212 of the Criminal Code of the Russian Federation gives the same idea, it provides punishment not only for riotous statements in mass disorder or participation in it, but for calls to violence. But what we should refer to mass disorder, which is a part of objective aspect of a crime along with riotous behavior of a crowd (violence use, arsons, demolition and so on), is anyone’s guess. However, the title of the article, its purpose, content of criminal prohibition suggest that objective aspect of crime “mass disorder” includes one systematic element, which is committing demolition, arsons, violence use towards citizens by a great number of people (by a crowd). It makes sense to improve text of the article 212 of the Criminal Code of the Russian Federation. Within the meaning of crime mentioned in it, emphasis should be turned to aggressive actions of a crowd, because they form public danger of this action. Exactly these actions (violence use , arsons, demolition and so on) are caused damages to public relations, which provide security of life, health, property of a single person or a number of people, activity of state authority and government, functioning of organizations and enterprises. To define the notion of mass disorder it is enough to point out the essence of this action in the Criminal Code of the Russian Federation – the committing of some public dangerous actions by participants of the crowd. It is necessary to eliminate ineffectual stylistically and semantic expression “mass disorder, accompanying …” from the definition. Instead of it we should use a formula: “mass disorder - violence use towards a person, arsons, demolition and damage of property”. It is necessary to abandon repetitions in description of the objective aspect of mass disorder. It is obvious, that the notion “use of weapon” has a lot in common with the notion “provision of armed resistance to public authority” (it is generic term towards the latter); calling to violence towards citizens in context of the article 212 of the Criminal Code of the Russian Federation represent itself call to mass disorder.

scholarly journals Mediation in Bribery: Gaps in the Legal Interpretation

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Vadim Zamaraev
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Comprehensive Analysis ◽  
Legal Interpretation ◽  
The Russian Federation ◽  
Criminal Legislation ◽  
Objective Aspect

The article considers and analyzes some gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation. It examines the objective aspect of the crime, and also presents the problems of prosecuting for mediation in bribery according to the specifics of the qualification of this socially dangerous act. The author substantiates the grounds and limits of criminal liability for mediation in bribery, taking into account the act of committing various forms of this crime. On the basis of a comprehensive analysis of criminal legislation and scientific works of not only Russian scientists, but also foreign experts in the field of criminal law, the main prospects for the development and solution of the above mentioned problematic issues related to gaps in the legislative interpretation of Article 291.1 of the Criminal Code of the Russian Federation are proposed. Special attention is also paid to certain issues of qualification of the investigated act, which directly depend on the amount of the bribe. As a result of the study, it is recommended to introduce some changes and additions to Parts 1 and 5 of Article 291.1 of the Criminal Code of the Russian Federation.

scholarly journals Socially Dangerous Behavior as the Mandatory Feature of the Objective Aspect of Crime Under the Article 330 of the Criminal Code of Ukraine

2019 ◽  
Vol 85 (2) ◽  
pp. 87-94
Author(s):  
V. Yu. Boichuk
Keyword(s):  
Criminal Behavior ◽  
Criminal Code ◽  
Electronic Documents ◽  
Foreign Enterprise ◽  
The Subject ◽  
Or Organization ◽  
Transfer Of Information ◽  
Foreign Enterprises ◽  
Official Information ◽  
Objective Aspect

On the basis of the analysis of existing scientific approaches to the interpretation of socially dangerous act, provided by the legislator in the Art. 330 of the Criminal Code of Ukraine, the author has formulated own approach to determining its content and possible forms of such criminal behavior. When transferring data to foreign enterprises, institutions, organizations or their representatives constituting the official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, it is offered to understand the commission of any actions by the subject, which are: 1) the direct transfer of information to a representative of a foreign enterprise, institution or organization (verbally, by the delivery of material carriers, etc.); 2) forwarding information with the use of communication means (postal, telephone, telegraph, electronic, etc.) to the address of a foreign enterprise, institution, organization or their representatives; 3) creating the conditions for acquaintance or access to them by a representative of a foreign enterprise, institution or organization. The author believes that the collection of data for the purpose of transferring to foreign enterprises, institutions, organizations or their representatives that constitutes official information collected in the process of operative and search, counterintelligence activities, in the field of defense of the country, should be considered as a process, which depending on the situation, may include: detection of information (its carriers), its recording (in memory or by technical means: photo, video, audio recording, copying of documents, electronic documents on USB, HDD, CD drives, etc.); removal of recorded information in the form of a copy or the original carrier from the location; placing the retrieved information in a specific place for storage and further transfer. The collection of data for the purpose of its transfer should be considered as an action, which is contrary to the rules established by law and, accordingly, requires overcoming the obstacles established by law in order to get access to it. To achieve this purpose, the offender may resort to illegal means such as wiretapping, abduction, bribery, extortion, etc.

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