scholarly journals Administrative penology: the issues of legal theory

2021 ◽  
Vol 5 (1) ◽  
pp. 202-211
Author(s):  
S. N. Shaklein

The subject. The article is devoted to the analysis of the effectiveness of administrative punishment enforced to persons with deviant behavior of an immoral orientation, and the development of proposals for improving the effectiveness of administrative punishment from a penological point of view. The subject of the research is administrative punishment and the legally fixed type and limits of administrative-tort sanctions, which allow administrative jurisdiction bodies and courts to enforce a specific type and measure of administrative punishment aimed at forming the legality of the behavior of an administrative delinquent. The purpose of the article is to confirm or disprove hypothesis that increasing the effectiveness of administrative punishment will significantly reduce the repetition of administrative offenses due to the educational impact on the consciousness and behavior of administrative delinquents, their moral education. The author analyzes the effectiveness of administrative fine by the repetition of administrative offenses (on all-Russian and regional statistics) and develops proposals for improving the effectiveness of administrative punishment. The methodology. The results of this research were achieved through the use of general scientific methods in the framework of observation, comparative, logical interpretation of legal acts, statistical analysis as well as through the analysis of law enforcement practice. The main results. The analysis of law enforcement practice has shown the ineffectiveness of the administrative punishment imposed on persons with deviant behavior of an immoral orientation. In this regard, the author suggests penological conditions for improving the effectiveness of rule-making and law enforcement practice, points out the need to ensure interaction and cohesion of jurisprudence, sociology of law and legal psychology, methods of persuasion and coercion in the development and application of administrative sanctions measures. It provides maximum flexibility of the final decision, the possibility of taking into account legal, social, psychological, economic and other nuances of the case in order to maximize the impact on the consciousness and behavior of a person for his subsequent correction and re-education, the formation of a persistent habit of lawful behavior. The author also proposes to provide for administrative liability for failure to comply with official warnings about the inadmissibility of actions creating conditions for commission of crimes, of administrative offences or of the inadmissibility of the continuation of antisocial behavior. Conclusions. The issues of increasing the effectiveness of the appointment and execution of administrative punishment need increased attention of the state and urgently require a targeted approach to punishment first of all. 

2020 ◽  
pp. 52-55
Author(s):  
K.V. Malakhova ◽  
◽  
I.P. Polskoy ◽  

Presented is a new aspect of studying the problem of influence of advertising on the youth. The authors consider a social phenomenon through a worldview function and behavior stereotypes, as well as conducts a brief cross point analysis of advertising and youth. Advertising is studied in the context of the channel of deviant behavior and formation of value-legal culture of the youth. The authors offer the definitions of the concept “youth”, behavior stereotype, as well as advertising to be interacted. The authors determine their own point of view on usage of advertising by law enforcement officers, as well as suppose certain examples of its positive applying by traffic management inspectors. The authors solve this problem in enforcing advertising usage at legal level.


The theory of the vibrations of the pianoforte string put forward by Kaufmann in a well-known paper has figured prominently in recent discussions on the acoustics of this instrument. It proceeds on lines radically different from those adopted by Helmholtz in his classical treatment of the subject. While recognising that the elasticity of the pianoforte hammer is not a negligible factor, Kaufmann set out to simplify the mathematical analysis by ignoring its effect altogether, and treating the hammer as a particle possessing only inertia without spring. The motion of the string following the impact of the hammer is found from the initial conditions and from the functional solutions of the equation of wave-propagation on the string. On this basis he gave a rigorous treatment of two cases: (1) a particle impinging on a stretched string of infinite length, and (2) a particle impinging on the centre of a finite string, neither of which cases is of much interest from an acoustical point of view. The case of practical importance treated by him is that in which a particle impinges on the string near one end. For this case, he gave only an approximate theory from which the duration of contact, the motion of the point struck, and the form of the vibration-curves for various points of the string could be found. There can be no doubt of the importance of Kaufmann’s work, and it naturally becomes necessary to extend and revise his theory in various directions. In several respects, the theory awaits fuller development, especially as regards the harmonic analysis of the modes of vibration set up by impact, and the detailed discussion of the influence of the elasticity of the hammer and of varying velocities of impact. Apart from these points, the question arises whether the approximate method used by Kaufmann is sufficiently accurate for practical purposes, and whether it may be regarded as applicable when, as in the pianoforte, the point struck is distant one-eighth or one-ninth of the length of the string from one end. Kaufmann’s treatment is practically based on the assumption that the part of the string between the end and the point struck remains straight as long as the hammer and string remain in contact. Primâ facie , it is clear that this assumption would introduce error when the part of the string under reference is an appreciable fraction of the whole. For the effect of the impact would obviously be to excite the vibrations of this portion of the string, which continue so long as the hammer is in contact, and would also influence the mode of vibration of the string as a whole when the hammer loses contact. A mathematical theory which is not subject to this error, and which is applicable for any position of the striking point, thus seems called for.


Author(s):  
Lisa Musharyanti ◽  
Gandes Retno Rahayu ◽  
Yayi Suryo Prabandari

Background: Besides knowledge and clinical skills, nursing students should have professional behavior as an essential component of competences as a side of knowledge and clinical skills. One aspect of professionalism is academic integrity. Lecturer should know about students’ perception of academic integrity and behavior, to make a good way to detect and prevent the deviant behavior. The objective of this study is to describe nursing students’ perception and behavior on academic integrity.Method: Survey was conducted in a nursing school in Yogyakarta. The subject were 230 nursing students who were taken by proportionate stratified random sampling. The data were analyzed with descriptive analysis.Results: There were many deviant or unacceptable behaviors which were not considered as an academic misconduct (by 5.2%-61.3% students). Peer students’ percentage who had done an academic misconduct with 10 of the highest percentage was 50%-82.2% and the behavior ever done by students was 28.7%-68.7%. The intention to do the behavior in the future was 3-38.7%.Conclusion: Perceptions of nursing students on academic integrity varied widely. Many of the actual behaviors were not considered as academic misconduct. Nursing students had different opinions about the behavior that violated academic integrity. Students’ perceptions about the behavior and the behavior of a peer friend were in accordance with the students’ own behavior. Therefore, there is a need for a shared perception between institutions and students about behaviors that violate academic integrity.


2018 ◽  
Vol 10 (4) ◽  
pp. 412-420 ◽  
Author(s):  
Aleksandr Gudkov ◽  
Elena Dedkova ◽  
Kristina Dudina

PurposeThis paper aims to discuss recent developments in the Russian tourism industry and the main reasons for new initiatives in local destination development.Design/methodology/approachThe study is based on qualitative research methodology. A summary of key literature is presented alongside the analysis of the survey results.FindingsThis paper sheds light on the challenges and changes that took place in the Russian tourism business between 2014 and 2017. The subject is poorly covered in academic literature. The basic data for analysis presented in official statistics are scarce. Therefore a more effective way of obtaining relevant information was to conduct a survey using a semi-structured questionnaire, with tourism business actors as respondents.Research limitations/implicationsThis paper provides mostly conceptual analysis based on limited empirical data; directions for further empirical research are proposed in the conclusion.Originality/valueThe paper reveals something of the impact of economic and geopolitical factors, both negative and positive ones, on the restructuring of the Russian tourism market and the emergence of promising opportunities for the development of new domestic destinations. As a result, tourism market actors are able to become more diverse.


Author(s):  
Dr Simon Hudson

Most experts would agree that recovery from the COVID-19 crisis will be slow (see Figure 6.2), in large part due to the impact that the crisis has had on the global travel and tourism industry (Romei, 2020). Until there is vaccine, the virus will influence nearly every sector of travel from transportation, destination and resorts, to the accommodations, attractions, events and restaurants. The first section of this chapter looks at the future for these different sectors, a future heavily influenced by technology and a heightened emphasis on health and safety. The second part of the chapter focuses on a theme that has been prevalent in this book – the need for adaptability or ‘COVID-aptability’. Consumer demands and behavior will be permanently altered by the pandemic, and all stakeholders in the travel industry will need to adapt. One part of adaptability is redesigning servicescapes – a necessity for many after the lockdown, and this is the subject of the penultimate section of the chapter. The conclusion looks at lessons learned from this crisis.


1969 ◽  
Vol 15 (3) ◽  
pp. 323-332
Author(s):  
Julia D. Stuart

What is the impact of crime on the average individual in this country? What is the impact of the fear of crime on the quality of life in the United States? These questions are addressed in this article not from the point of view of an expert, or of an official in the criminal justice system, or of a victim of crime, but from that of an average person whose experience has included no direct encounter with crime of any kind. Those who have been victims of crime and those affected even indirectly by criminal behavior will react, naturally, with predictable concern; crime also has discernible effects on the attitudes and behavior of people generally, and this impact in turn has a corrosive effect on the quality of life in America.


2018 ◽  
Vol 6 (3) ◽  
pp. 9-15
Author(s):  
С. Кутепов ◽  
S. Kutepov

long-awaited Concept of teaching the subject area “Technology”, the project of which is analyzed in the article,defi nes the problems facing the teacher. The author illustrates these problems and the characterized directions of teaching the subject area “Technology” with the possible fragments of the content of technological education. The author shows which information should be used at the stage of the development of schoolchildren’s basic application skills of the main types of hand tools (electrical including) as a resource for solving technological problems which are the priority results of the mastering the subject area “Technology”. The article suggests the knowledge necessary for ecological education of schoolchildren, formation of their world outlook, provided that the interdisciplinary relations are established. The problems of the environmentally friendly production organically associated with the problems of modern economy allow us to solve the problem of economic education. The article proves that the subject of “Technology” is supposed to create certain patterns of thinking and behavior of schoolchildren, introduce them into the world of professions, and ensure professional self-determination of schoolchildren.


Author(s):  
Татьяна Черкашина ◽  
Tatiana Cherkashina ◽  
Н. Новикова ◽  
N. Novikova ◽  
О. Трубина ◽  
...  

The article considers the conceptualization of the world from the point of view of its methodological paradigm assessment in the context of the globalizing world. A retrospective analysis of the relationship between language and human speech activity is given. The authors explain the role of language as a socio-cultural phenomenon in the formation of worldview systems that develop in the consciousness with the help of minimal units of human experience in their ideal meaningful representation in special concepts, which allows the individual to think within the boundaries of a certain linguistic picture of the world. Analyzes the problems of the functioning of communicative norms with regard to the hierarchy of the spiritual representations of the world. The article attempts to consider the impact of the “blurring” of the information boundaries of the globalizing world on the cognitive abilities of the individual in the nomination, qualification of the subject, phenomenon, process.


2018 ◽  
Vol 21 (10) ◽  
pp. 127-132
Author(s):  
V. Y. Vysotskyi

The article raises the problem of post-truth that is interpreted in conceptual and praxeological dimensions. The author proves that post-truth is an information and political technology that operates through the use of mechanisms of mixing the true with the false, emotionalizing, politainment, populism, cognitive distortions of mass consciousness, actualization and objectification of desires in order to ensure the sympathy of a wide audience to its source, as well as the legitimization of a certain kind of policy and its subjects. In contrast to the truth, which correlates with objective truth, post-truth, presenting an alternative view and assessment of reality, relies on the irrational aspects of human consciousness and behavior, his/her selfish interests, finding justifications for its existence in the effectiveness and efficiency of its action. The assertion of post-truth as a single correct interpretation of reality is helped by the effect of the spiral of silence and the effect of cognitive dissonance. The attitude to post-truth is determined by the place in the structure of power relations that generate and maintain the corresponding narrative. From the standpoint of the subject, a post-truth narrative is defined by its effectiveness and efficiency. From the recipient’s point of view, a post-truth narrative is defined by its ability to satisfy desires, interests, and feelings. In the socio-political space, post-truth plays a role as a new type of propaganda, which justifies the morally questionable policy of future benefits of its implementation for the majority of society to the detriment of political rivals, as well as national and religious minorities. In fact, the era of post-truth is determined by the fact that politics ceases to focus on universal justice, becomes a politics of disregard for minorities and citizens of other countries.


Author(s):  
Murodil Radjabov ◽  

The owner of both the communication process and the group process - the subject and the object - is actually an individual, a concrete personality. That is why social psychology also studies the problem of personality, considering it from the point of view of being a participant and active performer of these various social processes. When people interact with each other, one of their main goals is to influence each other, that is, to convince each other, motivate, change attitudes and make a good impression. Psychological influence is the ability to influence the thoughts, feelings and behavior of people in various ways. In this article, from a psychological point of view, methods of psychological influence in managing an individual are studied.


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