On the Sanctions of Criminal Legal Standards Providing Responsibility for Fraud Under Criminal Code of the Russian Federation

The article examines the criminal-legal problem of countering one of the most common types of crimes against property — fraud. The issues concerning the identification of the most complex legislative structures in order to improve and increase the effectiveness of the application in practice of the rule on a special type of fraud are considered. The issues of improving the criminal law norms on liability for fraud in order to increase their effectiveness in countering such crimes are investigated. It is noted that the problems of applying the new rules on fraud (Articles 159–159.6 of the Criminal Code of the Russian Federation), which is a common crime against property, remain unresolved. The signs of a special composition of fraud are analyzed, various judgments on this issue expressed in the legal literature are given. Proposals are being made to optimize criminal legislation in this area.

THEORETICAL ASPECTS OF CIVIC POSITION FORMATION IN PEDAGOGICAL SCIENCE AND PRACTICE

The problems of the civic position formation of an individual are rooted in multiple factors. These include a challenging stage in the development of Russian society, social, cultural, economic, and political problems, rethinking the country’s past, and unclear value references. All these factors can lead to moral disorientation and a loss of ideals. At the present stage, the formation of civic position is an interesting subject of research for many scientists. They reveal the essence of Citizenship as a concept and describe civic position formation’s psychological aspects. Moreover, citizenship is considered a social phenomenon, the formation of which depends on social relations and the organization of the educational process. During the last decade, there has been an increased interest in research on the problem of citizenship formation at an adolescent age. In pedagogy, the following types of positions are distinguished: lifestyle, social, and internal. The similarity of the concepts of Internal Position and Attitude is emphasized, and it is explained that Attitude defines Position as a unified system of individual-personal relations between a person and their surrounding reality. Objective and subjective factors under the influence of which a person’s civic position is formed are also explained. The objective factors refer to socio-political conditions. Meanwhile, subjective factors refer to the interests of the individual, their needs, abilities, and values. On this basis, the following components, which are most often highlighted by scientists in the study and generalization of a person’s civic position, and contribution to its formation, are listed: cognitive (knowledge of citizenship, civic position, civil rights and responsibilities), motivational-valuable (a humanistic feature of a person’s relationship to society, work, people and themselves, civic value orientations), and activity (ability to fulfill one’s civil rights and duties, comply with social and legal standards, carry out socially significant activities for the public good). Three levels of formation of a person’s civic position are distinguished and described (low, average, high). The relationship and differences of such concepts as Patriotism, Citizenship, Civic Position, as well as Patriot and Citizen are emphasized, and their essence is revealed. By Patriotism, we mean the feeling of love and attachment to a country and alliance with other citizens who share the same sentiment to create a feeling of oneness among the people. As part of the study of the civic position formation, the concept of Civic activity is touched upon, which is explained and classified by the following types: official (electoral process) and unofficial (participation in socially significant activities). The manifestation forms of a person’s civic position affecting their formation are outlined (passive, active, conformist (consumer), rebellious (protest), constructive). At the same time, emphasis is placed on an active civic position, in which society and the state are interested. The conclusion clarifies the definition of Civic Position, which is explained as a system of positive value orientations that an individual may possess in relation to the state, law, civil society, themselves as an active citizen, carrying out socially important activities, and a focus on the public good. The analysis of the studied topic allows us to state its undoubted theoretical and practical significance since this problem is relevant and not fully solved at the present stage of the socio-political development of Russia.

THE EVOLUTION OF GENDER EQUALITY INTERNATIONAL LEGAL REGULATION

The article is devoted to theformation of development and legalregulation of the principle of genderequality in international law, whichis referred to the level of values of theEuropean Union (EU), and also playsan important role for Ukraine due tothe context of European integration.Today, the attitude towards women insociety is significantly different fromthe attitude towards men and thisapplies to different spheres of life:social, political, legal. Thus, politicalgender inequality includes less representation of women in electedpositions and lower representationin political and corporate circles.Gender equality means the existenceof a society in which both women andmen have equal opportunities, rightsand responsibilities in all spheres oflife. Equality between women andmen is equal access to education andhealth care, governance and power forboth sexes, their equal opportunitiesfor financial independence, and therealization of their personal andprofessional needs and interests.One of the most significantdevelopments in international law inthe middle of the twentieth centurywas the consolidation of the principleof non-discrimination and the furtherdevelopment of international andregional legal standards aimed atimproving and protecting the rightsof all women and girls. At the sametime, the protection of women andgirls, as well as men and boys, is firstand foremost the responsibility of thestate. International law establishesthe obligation of states to protecttheir own citizens, including againstgender discrimination. Currently,gender equality is gaining priorityin the activities of internationalorganizations.At the present stage of developmentof society, the issues of genderequalities are not the last place interms of relevance. Gender inequalityslows down the development ofsociety. That is why the achievementof gender equality is now becoming acentral indicator of the developmentof each country

On the Legitimacy and Effectivity of the World Bank and Its Pandenic Emergency Financing Facility (‘PEF’) at the Time of the covid-19 Outbreak

Pandemic financing has in the current climate of disruption and turmoil of an ongoing global pandemic become the most highly debated and controversial issue within the field of international public health law and policy. From the perspective of international public health law and policy, a precondition for success is that financial resources and funds are employed in an effective manner. Whether the International Bank for Reconstruction and Development (‘World Bank’ or ‘WB’) and the Pandemic Emergency Financing Facility (‘PEF’) – a financing mechanism housed at the WB – may be perceived as effective public health players shall be established by referring to their mandates, their inherent capacity for enhancing accepted global legal standards and rules on public health and their funding methods and practices. After the affirmation and consolidation of its role in the public health sector in the early 1990s, the WB has rapidly accredited itself as the most active intergovernmental institution dealing with pandemic and epidemic financing. Its direct involvement in public health trust funds, such as the Avian Flu Trust Fund Facility and the Health Emergency Preparedness and Response Multi-Donor Fund (the HEPRF), and its lending practices and internal policies and procedures were of crucial significance in this respect. Considering that acceptance of international institutions, including international financial institutions, has always been conditioned by their acknowledgment as legally legitimate, legitimacy is regarded as closely connected to effectiveness. The criteria for establishing legitimacy in relation to international financial institutions are increasingly, amongst others, the respect and promotion of rule of law standards in the recipient states. From this perspective, the WB’s functional and management structures, but not the PEF’s structures and management, have made noteworthy progress, and notwithstanding some deficiencies and peculiarities they present several elements of legitimate decision-making.

Ethical and economic implications for an accounting office that offers bundled services with a bank account

Purpose: The profession of accountant as a profession of public trust is related to observing ethical and legal standards. In the course of his work, an accountant who offers his services on the market should consider the interests of the stakeholders of signed contracts, and due to the nature of his business, he should constantly improve his professional qualifications and guarantee independence. The aim of the article is to examine the ethical and economic effects of cooperation between an accounting office and a bank that bundles accounting services with a current account. Methodology/approach: The analysis focuses on the cooperation agreement between the accounting office and the bank as part of the current account services offered by the bank that come bundled with accounting. For the analysis, the following research methods were used: analysis of the scientific literature in the field of accounting and economics, case study considered in the context of Freeman, and methods of deduction and synthesis. Findings: Based on the analyzed agreement, a significant inequality was found between the benefits and obligations of individual signatories. Attention is also paid to the implica-tions of signing an agreement of this type for other market participants. Originality/value: The article is part of a scientific and practical discussion on the ethical and economic risks associated with signing a cooperation agreement between an account-ing office and a financial market institution in the form proposed by the bank. Keywords: outsourcing, stakeholder theory, ethics in accounting, bookkeeping services, accounting offices

Biomedicine and Law: mutual trust and perspectives

The publication raises issues of interaction of rapidly developing areas of bio-medicine and international legal standards, and national legislation of states. Attention is focused on the need for legal guarantees in the field of editing the genome of living organisms, in vitro fertilization, etc. It is proposed to form a uni-form attitude and establish the boundaries of what is permissible in the field of genetic practice so that the situation does not get out of the control of the human mind.

International Legal Regulation of Genetic Research and Implementation of International Legal Standards in this sphere into Russian Legislation

The article analyzes the topical issues of international legal regulation of genetic research; it provides a comparative analysis of two groups of international acts regulating relations related to genetic research and application of their results on creation, use and circulation of genetically modified organisms (except humans), on the study of human genome and application of their results. The article deals with the issues of objects and methods of genetic research regulation, balance of interests as the basis for legal regulation of public relations in the field of genomic research. It also considers approaches to ensuring a balance of private, group and common (public) interests. Criticism of certain provisions of the Convention on Human Rights and Biomedicine is given, the question of the inadmissibility of legal opposition between the protection of human rights and the interests of science and society as a whole is raised. The authors put forward proposals on the implementation of a number of international norms in Russian legislation and its further improvement, as well as on the use of blockchain technology in genetic research.

Disinfection of Dental Chair Water Using Aqueous Chlorine Dioxide

Chlorine dioxide is a safe, environmentally friendly disinfecting agent. In this study, aqueous chlorine dioxide (ACD) was used to improve the water quality of dental chairs. However, chlorine dioxide is readily released from ACD solutions under open atmosphere conditions. Described herein is a water purification and disinfection system using ACD. The system was designed, fabricated, and integrated into an existing dental chair water system. This system is referred to as an ACD dental chair. Because ClO2 readily degasses from ACD, there needs to be a way to maintain and measure the ACD solution in real time. In our studies, we found that pH and oxidation-reduction potential (ORP) change as a function of chlorine dioxide concentration and are easily controlled and measured. The dosing of the ACD was designed to begin at 800 mV and stop dosing at 810 mV in the ACD dental chair. Through use of this continuous monitoring and automatic dosing system, the water ORP was controlled between 800 and 860 mV. This range is the effective concentration of chlorine dioxide that is without chlorine-like odor and microorganism growth. The ACD dental chair controlled the total bacterial count to <5 CFU/mL and the chlorite concentration was less than 0.0004 mg/L, meeting legal standards of Taiwan, the USA, and China. In addition to the application of ACD in dental chairs, it may also be used in closed water systems for food, cosmetics, beverages, and other industries.

Imposing criminal liability on juveniles: problem issues and ways to address them

The article highlights the issues of how to impose criminal liability on juveniles. Based on the analysis of consistency between the effective Criminal Code of Ukraine and the international standards of juvenile rights protection, the author has outlined the ways of how to improve the existing legal standards of such imposing. More specifically, the grounds for punishment mitigation have been determined depending on the gravity of offence. The punishment should be consistent with the offence committed. And the best way to match the punishment and the offence is when the punishment derives from the offence itself, from its nature. A fine will be a good enough response, because it makes the committed offence kind of unprofitable for the convicted individual. One of the punishments that the Criminal Code of Ukraine anticipates for juveniles is a fine. However, Article 99 of the Criminal Code of Ukraine mentions no minimum fine amount allowed for juveniles. As these specific standards are absent, juveniles should be subject to the general standards available, i.e. the minimum fine amount is equal for both juveniles and adults. It would be reasonable to decrease the minimum fine amount for juveniles in the Criminal Code of Ukraine. The author believes that the only guarantee for this fine to be paid can be the standalone property owned by the convicted individual, which could be foreclosed. An important type of punishment for juveniles is correction works. However, no specific conditions of its imposing on juveniles exist. One of the major ways to influence the individual convicted to correction works is labor and disciplinary impact of the labor collective (employees), which is but unfeasible today. In fact, no legal pattern exists to ensure that the employees will fulfill their obligations to rehabilitate the convicted individuals. Yet another type of punishment that Article 98 of the Criminal Code of Ukraine anticipates for juveniles is arrest. That arrest is considered a milder type of punishment in the punishment list than restraint can be deemed a disadvantage of the Criminal Code of Ukraine, 2001. At the same time, it is proposed to impose the so-called “youth arrest” on the juveniles of fourteen and on older ones, i.e. the service of punishment on days-off or holidays. The analysis of the system of punishments imposed on juveniles for the committed offences, which has been made in this article, shows that this system not always makes it possible to select the punishment consistent with the action committed. That is why the author has proposed to add new types of punishment to the already existing statutory system of punishments, such as obligating a juvenile to recover the caused damage or to execute certain works in favor of the affected party to compensate it for the damage caused; depriving a juvenile of the right to be engaged in certain activities; sending a juvenile to a special custodial rehabilitation center.

International legal standards of organization and functioning of the prosecutor's office

The article considers the basic international legal standards of organization and functioning of the prosecutor’s office. It was determined that the prosecutor’s office, outside of criminal proceedings, began to play the role of ancillary appointments, while public authorities and local governments were given the right to go to court independently. It is noted that Ukraine is a party to the Statute and a member of the Council of Europe, and therefore has undertaken to recognize the principles of the rule of law and the exercise of human rights and fundamental freedoms (Article 3 of the Statute), is able and willing to fulfill such obligations 4 of the Statute). It is pointed out that the modernization of the constitutional and legal status of the prosecutor’s office is taking place in connection with the existence of a number of obligations of the Ukrainian state to the Council of Europe. Attention is drawn to the key acts of the international level, which relate to the organization and functioning of the prosecutor’s office, identified their main provisions in the context of the analysis. The expediency of optimal division of competence between the prosecutor (as an administrative agent of the executive or legislative power) and the judiciary is supported. It is pointed out that Europe is developing more and more, citizens are mobile, as a result of which different legal systems are inevitably affected, and therefore it is strategically important to achieve harmonization of criminal justice systems of Council of Europe members. Such harmonization is useful given the feasibility of maintaining the effectiveness of criminal justice systems in the light of the challenges of international organized crime. It is established that the reform of the constitutional and legal status of the prosecutor’s office in Ukraine in accordance with the commitments made to the Council of Europe should begin with a gradual solution of a set of issues of compliance of the Ukrainian prosecutor’s office with international standards. It is emphasized that in the Ukrainian state the prosecutor’s office occupies an important place in the system of public authorities, as its activities absorb two ambivalent components that implicitly complement each other - ensuring law and order.