Characteristics of convicted persons who committed a crime with administrative prejudice

2019 ◽  
pp. 9-18
Author(s):  
Анастасия Анатольевна Берндт
Keyword(s):  
Statistical Method ◽  
Research Methods ◽  
Preventive Measures ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Demographic Characteristics ◽  
Level Of Education ◽  
Main Research ◽  
Criminal Offender ◽  
New Type

Предметом исследования является социально-демографическая характеристика осужденных за преступления с административной преюдицией. Целью исследования является анализ нового типа личности преступника-правонарушителя, особенностью которого является привлечение к уголовной ответственности за совершение нескольких аналогичных административных правонарушений. Основными методами исследования являются анализ, синтез, а также статистический метод. В результате исследования выявлены специфические социально-демографические характеристики осужденных за преступления с административной преюдицией, учет которых необходим для формирования системы профилактики такого противоправного поведения. Это невысокий уровень образования, возраст 30-49, преступления совершаются преимущественно мужчинами, за исключением преступлений, предусмотренных ст. 151 УК РФ, что объясняется сферой деятельности (сфера торговли), где преимущественно заняты женщины. Преступления совершаются трудоспособными лицами без определенного рода занятий, среди лиц, участвовавших в социально значимом труде, больше всего рабочих. Сделан вывод, что для выработки более точных мер превентивного воздействия на противоправное поведение преступника-правонарушителя необходим анализ социально-демографических характеристик не только осужденных, но и лиц, ранее привлекавшихся к административной ответственности. The researching subject is the socio-demographic characteristics of those convicted of crimes with administrative prejudice. The purpose of the study is analyzing a new type of identity of the criminal offender, a feature of which is to bring to criminal responsibility for committing several similar administrative offenses. The main research methods are analysis, synthesis and the statistical method. As a result of the study, specific socio-demographic characteristics of those convicted for crimes with administrative prejudice were identified, which are necessary to form a system for the prevention of such unlawful behavior. This is a low level of education, age 30-49, crimes are committed mainly by men, with the exception of crimes under Art. 151 of the Criminal Code, which is explained by the sphere of activity (trade), where women are predominantly employed. Crimes are committed by able-bodied persons of a certain type of occupation; among those who participated in socially significant work, most are workers. The study concluded that in order to develop more accurate preventive measures on the unlawful behavior of the criminal offender, it is necessary to analyze of socio-demographic characteristics not only convicts, but also persons who were previously brought to administrative responsibility.

scholarly journals Criminological characteristics of personality traits that commit retail sale of alcoholic beverages to minors

2020 ◽  
Vol 15 (3) ◽  
pp. 48-53
Author(s):  
Anastasya A. Berndt
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Psychological Characteristics ◽  
Alcoholic Beverages ◽  
Retail Sale ◽  
Level Of Education ◽  
Criminal Offender ◽  
The Social ◽  
New Type ◽  
The Subject

The subject of the research is the criminological characteristics of convicts under art. 151.1 of the Criminal Code. The purpose is studying of analyze a new type of identity of the criminal offender, a feature of that is bringing of criminal responsibility for committing several similar administrative offenses. The study revealed specific socio-demographic characteristics of convicts under Art. 151.1 of the iCriminal Code, which account is necessary for the formation of a system for the prevention of such unlawful behavior. This is low level of education, age 30-49, crimes are committed, as a rule, by women of working specialties. An analysis of the social and role characteristics of convicts allowed to reveal the peculiarity of this crime, which has mainly a female face. This is due to the scope of activities, since women are mainly involved in trade. As a result of studying of moral and psychological characteristics of the convicts' personality, it was concluded that the sphere of commerce is sufficiently criminal, and this largely determines the formation of the criminal motivation of the convicts.

The effect of age, gender and level of education on the consumer’s expectations towards dairy product packaging

2016 ◽  
Vol 118 (1) ◽  
pp. 100-118 ◽  
Author(s):  
Agnieszka Izabela Baruk ◽  
Anna Iwanicka
Keyword(s):  
Dairy Product ◽  
Structural Diversity ◽  
Demographic Characteristics ◽  
Primary Data ◽  
Purchase Decisions ◽  
Product Packaging ◽  
Content Type ◽  
Level Of Education ◽  
Main Research ◽  
Effect Of Age

Purpose – The purpose of this paper is to have two main research goals: to identify and analyse the elements of dairy product packaging which influence customer purchase decisions, according to these elements’ compliance with their expectations; and to analyse the relations between final customers’ expectations towards elements of dairy product packaging and their three chosen demographic characteristics including age, gender and level of education. Design/methodology/approach – The paper is theoretical and empirical in nature. In the theoretical part, the cognitive-critical analysis of the world’s literature on marketing and marketing management was applied. In the empirical part the following research methods were used: questionnaire survey for gathering primary data and statistical analysis (factor analysis and the Kruskal-Wallis independence test) for the analysis of the primary data and for statistical reasoning, which formed the basis for the final conclusions. Findings – On the basis of the research, one can conclude that the analysed demographic characteristics of the respondents (age, gender, level of education) influence the structure of their expectations towards dairy product packaging, thereby determining their purchase decisions. The dependence does not exist only between the growth of pro-environmental expectations and the increase of the respondents’ level of education. However, this does not change the fact that level of education correlates with expectations related to other features of dairy product packaging, thus determining their structure. Originality/value – The original contribution of this paper to theory is the identification of Polish customers’ expectations towards elements of dairy product packaging and the description of their structural diversity, depending on the recipients’ demographic characteristics in terms of their purchase decisions taken thanks to the fact that their expectations concerning the features of packaging are fulfilled. This knowledge can make it easier to effectively manage dairy product packaging as a tool of influencing on customers and properly shape their marketing potential by offerors. It determines the applicability of the research results and the conclusions drawn from them.

The Main Signs of the Duality of the Specialist Position in Criminal Proceedings

Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 59-74
Author(s):  
L. K. Bondarenko
Keyword(s):  
Russian Federation ◽  
Semantic Analysis ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Proceedings ◽  
Main Research ◽  
Special Knowledge ◽  
The Russian Federation

The author examines the problem of the special knowledge functioning in criminal proceedings. By synchronizing the institutions of the criminal procedure that regulate the legal relationship between the knowledgeable persons and the institution of criminal law regulating the responsibility of these participants in the commission of a crime against justice, the author demonstartes asymmetry between the rights and duties of a specialist. The subject of the study is constituted by the contradictions between the institutions of procedural and substantive law, namely, the discrepancy between the procedural complex (rights, duties, functions) of a specialist to the course of his criminal responsibility. For this purpose, a comparison is made between the rights and obligations of knowledgeable persons, based on the criteria of: a) the scope of procedural functions; b) the specificity of procedural rights and obligations; c) actual forms of special knowledge acceptable as evidence. On the basis of the revealed contradictions, the situation of competitiveness of special knowledge is investigated; the legal significance of the forms of special knowledge is determined. The author proposes a systematic solution, namely: 1) to clarify the procedural status of a specialist: to add the definition of “forensic specialist” to Art. 58, 61, 71, 74, 80, part 4 of Art. 164, art. 168, 251, 270, 271 of the Code of Criminal Procedure of the Russian Federation; 2) to clarify the epistemological aspects of the research functions of a specialist in accordance with Part 3.1 of Art. 74, art. 80; Part 1.2 of Art. 144 of the Code of Criminal Procedure of the Russian Federation; 3) to establish a mechanism for the responsibility of a specialist for giving a deliberately false opinion: to add to Art. 58 of the Criminal Procedure Code of the Russian Federation, part 5 by analogy with part 5 of Art. 57 of the Code of Criminal Procedure of the Russian Federation; to supplement the text of Part 1 of Art. 144 of the Code of Criminal Procedure of the Russian Federation; to correct the content of Art. 307 of the Criminal Code of the Russian Federation. Or release the specialist from criminal liability for the opinion expressed by him (even if it is deliberately false). The author proves that the proposed measures will promote adversarial evidence, increase the specialist’s subjective responsibility for the conclusion given by him, which corresponds to the institution of proving.The main research methods are: general scientific methods, review and analysis of legislative sources, contextual method, semantic analysis and formal logical analysis.

scholarly journals Criminally-Legal and Criminological Measures Directed on the Prevention of Crimes in the Sphere of Cadastral Activity

2018 ◽  
Vol 5 (1) ◽  
pp. 125-130
Author(s):  
I T Kazanchev ◽  
V E Dvortsov
Keyword(s):  
Criminal Justice ◽  
Preventive Measures ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Criminal Code ◽  
The State ◽  
Complex Mechanism ◽  
Criminal Punishment ◽  
State Coercion ◽  
Full Force

One of the positive tendencies of the modern criminal policy is the recognition of the priority of prevention of criminal encroachments, acknowledgement to that are the changes in the Criminal Code of the RF carried out in the last five years, one of which was the introduction by the legislator for criminal responsibility of cadastral engineers (article 170.2 of the Criminal Code). However, this crime has a high latency, the damage to individuals, organizations and the state is constantly growing, there is a lot of criminogenic determinants that contribute to crime in this area, therefore, it is necessary to develop a set of preventive measures which will allow to solve tasks of combating crime in this area at the least cost to society, in particular without turning on the full force of a complex mechanism of criminal justice without the use of this form of state coercion as a criminal punishment.

scholarly journals PEMIDANAAN TERHADAP PELAKU DENGAN GANGGUAN SEKSUAL

2020 ◽  
Vol 8 (10) ◽  
pp. 1516
Author(s):  
Yudi Gabriel Tololiu ◽  
Gde Made Swardhana
Keyword(s):  
Mental Illness ◽  
Research Methods ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Sexual Disorders ◽  
Comparative Approach ◽  
Legal Research ◽  
Rehabilitation Treatment

Tujuan Studi ini untuk menganalisis mengenai pertanggungjawaban pidana serta pemidanaan yang ideal bagi orang dengan gangguan seksual saat melakukan tindak pidana. Penulisan artikel ini menggunakan metode penelitian hukum empiris, dengan jenis pendekatan yakni pendekatan kasus, perundang-undangan, analisis konsep hukum, serta juga perbandingan hukum. Hasil studi ini menunjukkan bahwa orang dengan gangguan seksual ketika melakukan tindak pidana sesungguhnya tidak mampu untuk dimintai pertanggungjawaban pidana. Hal tersebut didasarkan pada alasan bahwa jiwa atau diri orang tersebut sedang mengalami sakit atau cacat jiwanya. Pasal 44 ayat (1) KUHP sendiri menjelaskan bahwa seseorang tidak mungkin untuk dimintai pertanggungjawaban atau dipidana bila ternyata jiwanya sakit atau terganggu. Lebih lanjut seharusnya bagi mereka yang sedang mengalami sakit akan jiwanya terganggu saat melakukan tindak pidana, sejatinya tidak cocok untuk diberikan pidana penjara melainkan sanksi tindakan seperti rehabilitasi, perawatan, atau bahkan pengobatan. Sebagai bahan perbandingan di Jerman orang yang jiwanya terganggu atau tidak mampu untuk bertanggungjawab maka orang tersebut layak untuk dibawa ke rumah sakit bukan ke penjara.   The purpose of this study was to analyze criminal responsibility and ideal punishment for people with sexual disorders when committing a crime. The writing is done using empirical legal research methods, with the type of approach namely the case approach, the statute approach, analytical and conseptual approach, and also comparative approach. The results of this study indicate that people with sexual disorders when committing a crime are actually not able to be held responsible for the crime. This is based on the reason that the person's soul or self is experiencing mental illness or disability. Article 44 paragraph (1) of the Criminal Code itself explains that it is impossible for a person to be held accountable or sentenced if his soul is sick or disturbed. Furthermore, it should be that those who are experiencing mental illness have been disturbed when they commit a criminal act, in fact it is not suitable for imprisonment but for sanctions such as rehabilitation, treatment, or even medication. As a comparison, in Germany, a person whose soul is disturbed or unable to be responsible, then that person deserves to be taken to the hospital not to prison.

scholarly journals Correlation of administrative drug-related offences and drug-related crimes: past, present and future

2015 ◽  
Vol 1 ◽  
pp. 10-22
Author(s):  
Aleksandr Vyacheslavovich Fedorov ◽  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Administrative Law ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Dynamic Character ◽  
New Type ◽  
Objective Side ◽  
Administrative Responsibility

The article concerns issues of correlation of administrative drug-related offences and drug-related crimes; substantiates the conclusion that administrative drug-related offences and drug-related crimes have a feature of public danger and the criteria for delimitation thereof are of a conditional and formal character. The author notes the dynamic character of correlation of administrative drug-related offences and drug-related crimes and the tendency to increase the number of administrative drug-related offences and crimes. The attention is drawn to the phenomenon of reciprocity of certain administrative drug-related offences and crimes when actions similar by the objective side are reflected both in the Criminal Code of the RF and the Code of Administrative-Law Offences of the RF. The author analyses the legislation of the People’s Republic of China and the Kingdom of Spain related to criminal responsibility of juridical persons for drugrelated crimes. Taking into consideration foreign practices the author considers the issue of necessity of adding to the administrative responsibility of juridical persons for drug-related offences of a new type of responsibility — criminal responsibility of juridical persons.

scholarly journals THEORETICAL AND METHODOLOGICAL SIGNIFICANCE OF CRIMINAL PROCEDURE FOR THE REST OF THE SCIENCES OF THE ANTI-CRIMINAL CYCLE

2021 ◽  
Vol 17 (1(63)) ◽  
pp. 84-96
Author(s):  
Александр Сергеевич АЛЕКСАНДРОВ ◽  
Ирина Александровна АЛЕКСАНДРОВА
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Modern Science ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Scientific Specialty ◽  
New Type ◽  
General Scientific ◽  
Rhetorical Argumentation ◽  
Substantive Law

In the light of the unification of the sciences of the anti-criminal cycle into one general scientific specialty, the question of the «leader» of this science arises. Purpose: to convince readers that this should be the science of criminal procedure. Methods: the authors use the methods of dialectical and formal logic, comparison, description, interpretation. Some techniques of rhetorical argumentation are also used. The main argument advanced by the authors in favor of their position is based on a new type of post-classical law-based approach, according to which law is a process. Therefore, actual criminal law is the meaning of the text of the article (articles) of the Criminal Code in the context of the operative part of a conviction, another final procedural decision in the case. Results: the authors conclude that the modern science of criminal law, while remaining dogmatic, is held captive by outdated («classical») ideas about criminal responsibility, criminal law relation, the basis for them and their origin, as well as other concepts of material determinism. It is suggested that procedural determinism should be a scientific methodology, focusing on the primacy of the process and the derivation of substantive law phenomena, including criminal law itself, from the process. In the article, in the likeness of «Luther's theses» objections to dogmatism and the foundations of the reformation of criminal law knowledge are presented.

Artistic-professional strategies in the music sector. The case of the jazz scene in Barcelona

2020 ◽  
pp. 145-163
Author(s):  
Marta Casals Balaguer
Keyword(s):  
Research Methods ◽  
Social Dimension ◽  
Artistic Identity ◽  
Professional Musicians ◽  
Main Research ◽  
Works Of Art ◽  
The Social ◽  
The Creation

This article aims to analyse the strategies that jazz musicians in Barcelona adopt to develop their artistic careers. It focuses on studying three main areas that influ-ence the construction of their artistic-professional strategies: a) the administrative dimension, characterized mainly by management and promotion tasks; b) the artistic-creative dimension, which includes the construction of artistic identity and the creation of works of art; and c) the social dimension within the collective, which groups together strategies related to the dynamics of cooperation and col-laboration between the circle of musicians. The applied methodology came from a qualitative perspective, and the main research methods were semi-structured inter-views conducted with active professional musicians in Barcelona and from partic-ipant observation.

Psychological nature of intelligence officer

2020 ◽  
Vol 8 (2) ◽  
pp. 12
Author(s):  
P. Yu. Naumov ◽  
F. V. Povshednaya
Keyword(s):  
Social Groups ◽  
Pedagogical Practice ◽  
Value System ◽  
Level Of Education ◽  
Main Research ◽  
Social Trends ◽  
Deductive Method ◽  
Mechanisms Of Formation ◽  
The Subject ◽  
Method Analysis

Introduction. Based on modern social trends, the demand becomes not only for professionally trained people, but also for the level of their general culture, value system and, ultimately, intelligence. At the same time, there is no place for intellectuals and educating intellectuals in program documents on educational activities, although this task is very logical for the pedagogical practice of a developed society. This work presents the experience of the author's analysis of the psychological nature of the intelligence of an officer. Consistently considering the essence and structure of such a complex phenomenon, the structure and the real functioning of the values that allow characterizing the subject as an intellectual are ascertained.Materials and methods. As the main research methodology, the authors use sociological (I.S. Kon), culturological adapted to solve the problems of this work (M.S. Kagan), historiographic (A.V. Popov), systemic (I.V. Blauberg, V.A. Lektersky, V.N. Sadovsky, S.L. Rubinstein, M.S. Kagan, N.V. Kuzmina) and functional approaches (P.K. Anokhin, M.S. Kagan, N. Wiener). The main research methods were: hypothetical-deductive method; analysis, synthesis, comparison, analogy and abstraction; systemic method and modeling.Results. The result of the study is that the authors identified and justified the structural psychological qualities of intelligence as the subjective characteristics of an officer and examined the basic mechanisms of formation of intellectual values.Discussion and Conclusions. The required criteria for being intelligent as a  subject characteristics of an officer is the level of education (self education)of an officer, his manners, the scope of his values , existential assessment –correlating every fact he faces with general life-span problems of objective reality, having respect for values of others and being ready for talk to employees and  superiors as well as the representatives of other social groups, other cultures, nationalities, confessions and professions which requires dialog in search of optimal forms and options of interaction. The cornerstone principle for intelligence of the officer are, therefore, his education and upbringing, ideological conviction in his own values and readiness for self-sacrifice for their sake.

Neography and Word of the Year

2018 ◽  
Vol 79 (8) ◽  
pp. 66-71
Author(s):  
T. N. Butseva ◽  
Yu. S. Ridetskaya
Keyword(s):  
Research Methods ◽  
Russian Language ◽  
Social Aspects ◽  
Main Research ◽  
Linguistic Data ◽  
The Relationship ◽  
The Russian Language

The article deals with the relationship between the terms «word of the year» and «neologism of the year», and the examples are the words, annually nominating as «word of the year», and neologisms of the last few years. The main research methods are statistical, comparative, and lexicographic description. Usually nomination «Word of the year» presents words, long-existing in the Russian language, borrowings, as well as author’s occasionalisms. The cultural and social aspects prevail in this campaign, while linguistic aspects are not involved. It seems that the verbal image of the year is a more complex and mosaic phenomenon. It can be reconstructed with the help of representative linguistic data scrupulously collected by lexicographers.

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