The issues of counteracting with resurgence of crimes: past and present trends

2019 ◽  
pp. 49-60
Author(s):  
Николай Алексеевич Коломытцев
Keyword(s):  
Case Law ◽  
Recidivism Rates ◽  
Legal Rules ◽  
Law Enforcement Officials ◽  
Crime Detection ◽  
The Subject ◽  
Judicial Errors ◽  
High Level ◽  
Detention Facilities

Наличие значительного уровня рецидива в стране напрямую связано с весьма низкой (до 47 %) раскрываемостью преступлений. Кроме того, высокий уровень рецидива преступлений свидетельствует о том, что применяемое к осужденным уголовное наказание в виде лишения свободы не всегда оказывает на них должное воспитательное и принудительное воздействие. Эта ситуация обусловлена недостатками деятельности администрации учреждений уголовно-исполнительной системы. Пробелы в законодательстве, ошибки в избрании судом вида и срока наказания сказываются на его эффективности. Рост рецидива преступлений связан и с неблагополучной жизненной ситуацией, в которой часто оказываются освобожденные от отбывания наказания. Все сказанное убедительно подтверждает актуальность и научную новизну данной работы. Целью написания данной статьи является попытка определения комплексной реализации борьбы с рецидивом преступлений. Предмет изучения рецидива преступлений определяется важностью существующих ценностей, причиняемым им ущербом и общественным резонансом в отношении этого явления. Методологическую основу работу составил метод познания, общенаучные и частнонаучные методы изучения. При этом использовались труды отечественных и зарубежных правоведов. В статье автор рассматривает историко-правовой, криминологический, уголовно-правовой и уголовно-исполнительный аспекты рецидива преступлений, анализирует законодательство и судебную практику за длительное время. Приводится понятие указанного социально-правового явления, предлагаются определенные направления его предупреждения. Статья представляет интерес для курсантов, слушателей, студентов юридических вузов, преподавателей и сотрудников правоохранительных органов. The high level of relapse in our country depends on the low crime detection rate (less than 47 %). In this context, ineffective penalization measures for offenders in prison can have an impact on recidivism rates. This fact revealed serious deficiencies in the administration of detention facilities. Gaps in legislation, judicial errors in the sentencing proceeds, incorrect type of punishment and penalty negatively affect the itseffectiveness. Difficult circumstances for discharged prisoners might cause the growth of resurgence. Thus, this article devoted to the topical and innovative issue. The aim of this article is to combat and prevent criminal activities in the area of resurgence. The subject matter of recidivism is determinated by the importance of social values, the harm inflicted, and public outcry provoked with this phenomenon. A methodological framework for this research includes the cognition method, common and private methods. The author used native and foreign scholarly writings. The author researches a historical and legal, criminological, criminal and penal reviews of relapse. He analysis legal rules and case law over a long term. “Resurgence of crimes” is defined. Some means of relapse prevention are supposed. The article might be meaningful for the students and tutors of law faculties, and also for the law enforcement officials.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

Teaching and Learning activities that promote effective learning of Research Methodology among Psychology students

2021 ◽  
Author(s):  
Minu Mathews
Keyword(s):  
Teaching And Learning ◽  
Psychology Students ◽  
Learning Activities ◽  
Student Perspective ◽  
Effective Learning ◽  
Psychology Courses ◽  
The Subject ◽  
Analyse Data ◽  
High Level

BackgroundCreating a conducive environment for learning cultivates engaged and independent learners, allowing for high-level learning (Warren, 2004). When assessing the diverse Psychology courses that exist, the evaluation of Research Methods (RM) teaching and its associated pedagogies is high on the agenda of college based Higher Education (Burton & Schonfield, 2011). ObjectiveThis study aimed at exploring what range of teaching and learning activities (TLA’s) promote effective learning of RM among Psychology students. Additionally, it aimed to understand, from a student perspective, what ‘effective learning’ meant in the context of RM. MethodA mixed methods approach comprising of both surveys as well as focus groups was conducted with undergraduate Psychology students. Thematic analysis and basic frequencies were used to analyse data. Results Results demonstrated that both student and teacher-led activities were beneficial and worked complementarily for students in their understanding of the subject whilst serving different purposes. Practical labs and class exercises were the top activities highlighted (student-led) followed by lectures and flow chart concept checks (teacher-led). Furthermore, ‘effective learning’ encapsulated not just a long-term knowledge acquisition of concepts but the ability to apply one’s knowledge to the wider context. Conclusion and teaching implication Findings are in line with the Conception of Learning which has a nested hierarchy consisting of both surface learning elements and deep learning (Marton,Dall’Alba & Beaty, 1993). RM has been identified as a difficult subject to teach as well for students to learn (Gray et al., 2015) and as a result this study teases apart some of the most beneficial techniques from a student perspective to be considered when designing the structure and delivery of RM courses.

scholarly journals Parental support in sports development of Brazilian gymnasts participants in the Olympic Games (1980-2004)

2016 ◽  
Vol 30 (1) ◽  
pp. 109-118
Author(s):  
Laurita Marconi SCHIAVON ◽  
Daniela Bento SOARES
Keyword(s):  
Oral History ◽  
Parental Support ◽  
Development Process ◽  
Olympic Games ◽  
Sports Performance ◽  
Oral Testimony ◽  
The Subject ◽  
High Level ◽  
The Olympic Games

Abstract Sports development involves important aspects that collaborate towards the achievement of a high level sports performance. Parental support is one such fact to be considered in Long Term Athlete Development (LTAD), capable of benefiting or harming athletes if not adequately administered. This study registers and discusses the importance of parental support in female Artistic Gymnastics, from the perspective of Brazilian gymnasts who have participated in the Olympic Games. The method used was Oral History with the technique known as oral testimony. The participants of the study were the ten Brazilian gymnasts who represented Brazil in the Olympic Games from when the country first participated in this championship, in 1980, up to the best Brazilian classification in Athens (2004), totaling ten gymnasts (a sample comprising 100% or the research universe). Testimony analysis was conducted through crossanalysis. The study shows unanimity among the gymnasts in regards to the importance of parental support in the sports development process. In addition to reinforcing the results found in the literature, the testimonies provide details of the relationships between the gymnasts and their families for deeper reflections around the subject, a distinguishing feature of studies with oral testimonies.

Gestosis from a view of perinatal psychology

2017 ◽  
pp. 35-37
Author(s):  
S.I. Zhuk ◽  
◽  
O.D. Shchurevskaya ◽  
Keyword(s):  
Pregnant Women ◽  
Clinical Laboratory ◽  
Psychological Testing ◽  
Control Group ◽  
Psychological Component ◽  
The Subject ◽  
High Level ◽  
Perinatal Psychology ◽  
Pathological Subtypes

Preeclampsia is a clinical manifestation of the physiological and psychological maladaptation in the pregnant woman. The objective: to determine the characteristics of the psychoemotional status of pregnant women with pre-eclampsia based on the results of psychological testing using questionnaires using the Spielberger-Khanin technique and studying the psychological component of the gestational dominant (PCGD) Dobryakov [3]. Materials and methods. The subject of this study was the results of clinical-laboratory and psychological testing of 90 women in the III trimester of pregnancy. In 50 women, moderate and severe preeclampsia was diagnosed and they were included in the main group, and 40 women with a physiological pregnancy were included in the control group. Results. Pathological subtypes of the psychological component of the gestational dominant are revealed by the method of IV. Dobryakova and an increase in anxiety level by the Spielberger-Khanin technique. The high level of anxiety, the absence of a dominant pregnancy or the presence of its pathological subtypes in the case of gestosis is both a reflection of the maladaptation of the whole organism and the woman's unwillingness to transform her stereotypes of behavior in accordance with the needs of a new condition-pregnancy and forthcoming births, Have long-term consequences even from offspring [5]. The conclusion. The necessity of psychological counseling of pregnant women and correction of the revealed violations of the period of gestation is proved. Key words: pregnancy, delivery, preeclampsia, perinatal psychology, anxiety, gestational dominant.

Part 2 National and Regional Reports, Part 2.1 Africa: Coordinated by Jan L Neels and Eesa A Fredericks, 14 Ethiopia: Ethiopian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Gebremeskel Fekadu Petros
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Choice Of Law ◽  
Party Autonomy ◽  
Applicable Law ◽  
The Subject ◽  
The Hague ◽  
Federal Supreme

This chapter reflects on Ethiopian perspectives on the Hague Principles. Ethiopia does not have a codified law regulating matters of private international law, nor is there detailed case law from which one could derive key principles of the subject. While the shortage of private international law in Ethiopia is evident, the problem is most severe in the area of applicable law. In relation to party autonomy in choice of law, the Federal Supreme Court’s Cassation Division has handed down some interesting decisions, and these indeed have the force of law in Ethiopia. Nevertheless, the approach of the Ethiopian courts in respect of party autonomy is not very developed and clear, including in the field of international commercial contracts. While it would be prudent for Ethiopian courts to refer to the Hague Principles as persuasive authority, this requires awareness of the existence of the Hague Principles. In the long term, the Hague Principles will surely find their way into Ethiopian law.

scholarly journals MISTAKEN IDENTITY OF THE VICTIM IN CRIMINAL LAW

Obiter ◽  
2021 ◽  
Vol 42 (3) ◽  
Author(s):  
Shannon Hoctor
Keyword(s):  
Criminal Law ◽  
Case Law ◽  
Legal Rules ◽  
South Africans ◽  
Mistaken Identity ◽  
Legal Perspective ◽  
Legal Position ◽  
The Subject ◽  
Point Of Departure ◽  
Dolus Eventualis

Along with the drama and pathos that the trial of Oscar Pistorius brought to a multitude of South Africans, who devotedly followed the events (and dissections of events) with great dedication a few years ago, the case also highlighted and publicized a number of legal rules and doctrines. Who would have thought, for example, that the term of art dolus eventualis would emerge as the subject of such quizzical interest for so many?Other issues which emerged are no less interesting from a legal perspective, but are admittedly of much more narrow and parochial interest, being limited to those who are required to apply substantive criminal law, whether in the courts or in the classroom. One of these is the error in obiecto notion (the spelling “obiecto”, rather than “objecto” which more typically appears in the textbooks and the case law, is more correct, although, both spelling forms will be used below, as needs be). The word “notion” is carefully selected, since describing error in obiecto as a rule, has been firmly and correctly dismissed as incorrect by Snyman (Hoctor Snyman’s Criminal Law 7ed (2020) 171): “[It] is not the description of a legal rule; it merely describes a certain type of factual situation.” Burchell’s point of departure is even more stark: “[T]he so-called error in objecto rule has uncertain, dubious origins and reference to it, even as a description of a factual predicament, should be excluded from the lawyers’ lexicon”. Phelps uses the phrase “little-known principle” to describe this “factual predicament”. The author in Kemp, Walker, Palmer, Baqwa, Gevers, Leslie and Steynberg Criminal Law in South Africa 3ed (2018) 263 does not use any nomenclature when discussing the legal position arising out of this factual situation.

scholarly journals THE PRECAUTIONARY PRINCIPLE IN THE BRAZILIAN ENVIRONMENTAL LAW

2016 ◽  
Vol 13 (27) ◽  
pp. 63-88
Author(s):  
Paulo de Bessa Antunes
Keyword(s):  
Precautionary Principle ◽  
Environmental Law ◽  
Case Law ◽  
Operational Definition ◽  
Legal Rules ◽  
The Precautionary Principle ◽  
Legal Principle ◽  
The Subject ◽  
Definition Of ◽  
Scholarly Production

The problem to be addressed in this article is related to the precautionary principle and its incorporation into the Brazilian law. As it is beknown, this principle has been widely cited by Brazilian case law and it is an important part of the legal and environmental scholarly production. However, it follows that its application has been made fairly randomly, and even so there is no clear and operational definition of its content. The hypothesis being examined is that since the Rio Declaration’s - in its translation into Portuguese - environmental legislation has termed as legal principle, which internationally is an approach, a precautionary measure, as can be seen in both the texts in English and French of the Rio Declaration and other relevant legal instruments. The methodology to be used is the research of the case law and relevant legal rules, as well as the examination of the scholarly production on the subject. As a result, the conclusion is that there is an overuse of the precautionary principle by the Brazilian courts, especially by the Superior Court of Justice and that, in this case, the Federal Supreme Court has played a moderating role in relation to the application of the precautionary principle.

scholarly journals DISCUSSION ON CHARACTERISATION IN SOUTH AFRICAN PRIVATE INTERNATIONAL LAW

2011 ◽  
Author(s):  
Justin Leach
Keyword(s):  
International Law ◽  
South African ◽  
Case Law ◽  
Private International Law ◽  
Current Case ◽  
Choice Of Law ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

To inform those unfamiliar to the subject, private international law is simply that branch of a country’s domestic law, which regulates the relationship between private individuals when foreign legal rules are in some way concerned. This branch generally has three subbranches: Jurisdiction (choice of court), choice of law and recognition of foreign judgments. The discipline of characterisation forms part of the choice of law sub-branch and is explained further below. This article discusses the problem of a ‘gap’ arising from the phenomenon of characterisation in South African private international law, by considering the current case law authorities on the matter as well as the criticisms (and suggested solutions) of legal academics. A general discussion of characterisation, with some alternative suggestions for dealing with the problem, is also mooted for consideration in a bid to air ideas. No short work could do justice to the problem visited here. This work seeks to show that the obsession with characterisation in the choice of law arena is perhaps ill founded and should perhaps be simplified in favour of a ‘most natural results’ approach.

Anti-Discrimination Rules and Religious Minorities in the Workplace

2020 ◽  
Author(s):  
Katayoun Alidadi
Keyword(s):  
Social Life ◽  
Social Inequalities ◽  
Case Law ◽  
Shop Floor ◽  
Religious Minorities ◽  
Legal Norms ◽  
Legal Rules ◽  
Judicial Decisions ◽  
Indirect Discrimination ◽  
The Subject

Human rights and anti-discrimination law address social inequalities faced by religious minorities in today’s societies, including their discrimination in the workplace. Legal rules are necessarily abstract, separated from current realities of vulnerable minorities. Abstract rules do not speak for themselves (what does the prohibition of ‘indirect discrimination’ really mean?), but require interpretation, and since much is at stake they become the subject of continuous contestations over meanings. Judicial decisions mediate between the abstract and the concrete, and create ‘semi-abstract’ norms; decisions interpret and apply the abstract norms in the law on the books, but are in turn themselves the subject of (re)interpretation in the legal, social, and political realm. Thus, the specific and serendipitous facts and circumstances of particular workplace disputes provide the material for constructing meaningful understandings of legal norms. These interpretations are not neutral, but are, rather, products of judicial policy.To illustrate the importance of taking stock of judicial decisions and their role in moving abstract legal norms towards the ‘shop floor of social life’, this chapter uses as case studies two European anti-discrimination cases – Achbita and Bougnaoui (2017) – involving female Muslim employees seeking to wear a headscarf in the workplace. A holistic law and society viewpoint should engage deeply with judicial decisions that interpret and apply abstract anti-discrimination norms. Developments in case law thus merit not only the close attention of legal scholars but of legal anthropologists as well, as the latter are interested in the percolation of enacted norms on the ground.

scholarly journals A few remarks on the (im)perfection of the term securities: a theoretical study

2021 ◽  
Vol 2 (11) ◽  
Author(s):  
PERÁČEK Tomáš
Keyword(s):  
Theoretical Study ◽  
Legal Theory ◽  
Case Law ◽  
Legal Environment ◽  
Proper Understanding ◽  
Economic Practice ◽  
The Subject ◽  
Definition Of ◽  
Comparative Examination

This theoretical study is primarily anchored in the area of economic theory, legal theory and law. It seeks a multidisciplinary and comparative examination of issues, the concept and regulation of which remains largely unfinished in the international economic, legal environment and in the decades of professional and laconic debates. Not only in economic terms, there are numbers of unanswered questions in the long term, not only in economic practice. However, as the concept of a security is a matter of non-economic interest as well as legal theorists, the answers to the lack of clarity and difficulties are quite difficult to find. The aim of the study is to contribute to the correct economic and theoretical definition of a key concept in the field of securities. The setting of this objective is based directly on needs and emerging practical problems in business practice. Indeed, their proper understanding and application has a fundamental impact on the contractual trading of securities in global terms. In connection with the processing of the matter, we have applied primarily qualitative methods, having regard to the nature of the subject of the matter under examination (methodological and economic terms). However, we also make use of scientific literature, case-law and the analogy of law, providing our contribution with qualifying responses to the pitfalls of economic and legal practices.

Sign in / Sign up

Export Citation Format

Share Document