illegal acts
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2022 ◽  
Vol 2021 (2) ◽  
pp. 26-30
Author(s):  
Anna Tsykora

the article analyzes the issue of defining the concepts of "Schoolshooting", "Columbine" "active shooter" and discusses examples of the manifestation of these concepts in the Russian Federation. Special attention is paid to the aspect of detection and prevention of these illegal acts


2021 ◽  
Vol 18 (4) ◽  
pp. 423-432
Author(s):  
E. Z. Sidorova

The modern domestic education system is developing and improving. At the same time, it often remains unprotected from various kinds of threats and dangers of a criminal nature. Of particular concern is the criminality of students, who, as practice shows, often commit illegal acts directed against other participants in educational relations. It seems that the formation and development of criminal policy in the field of prevention of all existing criminal phenomena in the field of education has an important preventive potential in this aspect. In this article, the author reveals the general and special principles of criminal policy in this sphere of public relations. The author refers to the general principles of legality, justice, humanism, equality of citizens before the law, democracy, as well as the principle of the inevitability of responsibility in the implementation of criminal policy. In turn, the special principles of criminal policy in the field of crime prevention in the educational environment include: the principle of matching tasks, powers and resources; the principle of the proactive nature of strategic decisions; the principle of scientific; the principle of complexity; the principle of compliance with morality; the principle of purposefulness; the principle of combining unity of command and collegiality. The analysis of the implementation of these principles has shown that at present, oddly enough, they are often violated during the implementation of criminal policy. However, the author believes that such violations are inevitable, since, in an effort to comply with one principle, the state to a certain extent violates the second one. In general, the criminal policy is reflected primarily in the existing normative legal acts. The analysis of these acts shows that at the present time a lot of attention is paid to the criminal policy in the field of education, but there is still no unified state strategy for the development of this area. The main goal of criminal policy in the field of crime prevention in the educational environment, according to the author, is to influence criminal phenomena by developing theoretical ideas aimed at countering and preventing crime. The author notes that the modern criminal policy of Russia is formed in two directions. The first direction is to improve legislation, and the second direction implies the formation and improvement of criminology, which reveals the nature of the grounds of crime and develops measures to prevent it. It seems that the development of these areas, as well as other scientific research in the field of criminal policy in the field of crime prevention in the educational environment, will contribute to the development of a unified state system for the prevention of all existing criminal phenomena in the field of education.


Author(s):  
Сергей Андреевич Сивцов

В статье рассматриваются коррупционные проявления в уголовно-исполнительной системе России с криминологической точки зрения, проведен анализ причин и условий совершения коррупционных преступлений и меры профилактики. Приводятся мнения ученых-юристов о понятии коррупции, которое рассматривается как в узком, так и в широком смысле слова. Автором утверждается, что коррупция в большей мере выступает как социальное и криминологическое, чем правовое явление, поэтому рассматривать ее в рамках конкретных совершенных преступлений неверно, необходимо анализировать совокупность противоправных деяний с учетом их особенностей, а также причины и условия их совершения. Автор отмечает, что пенитенциарная преступность делится на две категории: на общеуголовную преступность (преступления, совершаемые осужденными) и иную преступность, основной составляющей которой выступает коррупционная преступность в учреждениях и органах УИС. На основе изучения криминологических научных источников автор предлагает классифицировать факторы совершения коррупционных преступлений сотрудниками УИС: факторы, присущие всем коррупционным преступлениям; и факторы, присущие пенитенциарной коррупции. В представленной статье автором указывается на недостаточность антикоррупционных механизмов. Комплекс предпринимаемых мер противодействия коррупции необходимо совершенствовать и расширять. The article examines corruption manifestations in the Russian Penal System from a criminological point of view, analyzes the causes and conditions of corruption crimes and preventive measures. The opinions of legal scholars on the concept of corruption, the content of the concept of corruption are given, it is considered both in the narrow and in the broad sense of the word. The author argues that Corruption acts more as a social and criminological phenomenon than a legal one, therefore it is not correct to consider it within the framework of specific crimes committed, it is necessary to analyze the totality of illegal acts taking into account their characteristics, as well as the causes and conditions of their commission. The author notes that penitentiary crime is divided into two categories: crimes committed by convicts (ordinary crime) and other crime, the main component of which is corruption crime in institutions and bodies of the criminal justice system. Based on the study of criminological scientific sources, the author proposes to classify the factors of corruption crimes committed by the employees of the Criminal Investigation Department: factors inherent in all corruption crimes; and factors inherent in penitentiary corruption. In the presented article, the author points out the insufficiency of anti-corruption mechanisms. The range of anti-corruption measures taken needs to be improved and expanded.


2021 ◽  
pp. 193-201
Author(s):  
O. TARAN ◽  
V. GAVLOVSKY

The article analyzes the types, forms and content of statistical reporting that reflects the state and structure of cybercrime in Ukraine. Ways to interpret statistical information and to use its capabilities in preventing and combating cybercrime are identified. The shortcomings of the structure of official statistical data, namely unsystematic character, inconsistency and incoherence of their formation, are generalized and revealed. It is noted that the national and international legislation lacks a generally accepted definition of cybercrime so far, and therefore a single approach to defining the grounds for classifying illegal acts as such crimes. The reports were developed without considering further analysis of cybercrime. And while the report of the National Police of Ukraine contains data on a number of criminal offenses that can be attributed to cybercrime, the official statistical reports prepared by the Office of the Prosecutor General of Ukraine and the State Judicial Administration of Ukraine, except for Chapter XVI of the Criminal Code, are missing the mentioned data. Therefore, official statistics, which fully and accurately reflect the state and structure of cybercrime cannot be introduced today. It is possible to analyze only the dynamics of this type of crime, the structure of crime on the basis of recorded crimes. The number of criminal offenses under the articles of chap. XVI of the Criminal Code of Ukraine, is growing unevenly, and this growth in the last 4 years is insignificant. The share of these criminal offenses is growing more dynamically. But their share of the total crime rate in Ukraine today is insignificant and is less than one percent - in 2020 0.69. In the first quarter of 2021, employees of cyber police units of the National Police of Ukraine, for the first time detected 4 criminal offenses under Art. 255 of the Criminal Code of Ukraine (“Creation of a criminal organization”). During 2013 –2010, 112 persons were found to have committed criminal offenses of this category as part of a group, 16 of them as part of an organized group. Also during this period, 171 persons who committed criminal offenses in the group in previous years were identified, including 68 in the organized group. The number of convicted persons who committed criminal offenses in the group during this period is 64, 9 of them committed crimes in an organized group.


2021 ◽  
Vol 5 (S4) ◽  
pp. 1483-1499
Author(s):  
Maksym Zabarniy ◽  
Vasyl Topchii ◽  
Tatiana Korniakova ◽  
Oksana Topchii ◽  
Vitalii Topchii

This article analyzes the process of determination of criminal conduct. The authors argue that the reasons for criminal conduct are individual and can vary significantly on a case-by-case basis. Its dependence on both biological and social factors is stated. The combination of pathological heredity, social environment, political and economic factors can cause criminal behavior. At the same time, the psychological aspects of illegal acts are taken into account within almost all criminological theories to a greater or lesser extent. Criminal behavior is always demonstrated only by an individual and, above all, it is a manifestation of psychological deformities, expressed in the phenomenon of criminogenic contamination. Therefore, understanding its essence will better determine the nature of the warning influence. As a result, it is possible to answer several questions about the determination and nature of criminal behavior, the reasons for the commission of criminal offenses, the peculiarities of the functioning of the mental sphere, psychological problems, complexes, etc. This information helps to optimize methods of crime prevention, provide for further actions of serial criminals, help in the identification of offenders and the investigation of criminal cases.


2021 ◽  
Vol 13 (1) ◽  
pp. 97-112
Author(s):  
Indriyani Kusumawati ◽  
Yeti Sumiyati

Unlawful acts cannot be separated by a violation of one's rights. This research is based on the phenomenon of directors who are penalized for unlawful acts committed by their employees. In 2021, PT Antam appealed to the court because the board of directors felt aggrieved by the judge's decision to impose damages on the directors of PT Antam. In fact, those who do illegal acts to the detriment of consumers are Eksi Anggraeni and the two employees, Misdianto and Ahmad Purwanto through the lure of discounts without the approval of the company. Limited Liability Companies Law implicitly regulates the concept of legal protection that is already known in some countries, namely the principle of Business Judgement Rule. This principle can be used by directors as a basis for legal protection to achieve justice. Therefore, the purpose of this research is to comprehend the responsibility of the board of directors for actions against employee law that stipulates discounts on the purchase of Antam gold unilaterally associated with the law of limited liability companies and review the application of the principles of Business Judgement Rule to directors who must be responsible for actions against the law of employees. The results of this study concluded that the directors of PT Antam cannot be held accountable. Furthermore, the application of the Business Judgement Rule principle has not been applied to this case, so legal protection to the board of directors is still ignored by the judge and has not shown justice.                  


2021 ◽  
Vol 10 (6) ◽  
pp. 1
Author(s):  
Víctor Hugo Fernández-Bedoya ◽  
Monica Elisa Meneses-La-Riva ◽  
Josefina Amanda Suyo-Vega

The emergence of the covid-19 virus has prompted governments in several countries to close their international borders, close transportation routes and decree quarantines as a public health measure to prevent the spread of the virus among the population. Globally, essential businesses have continued to operate, while others such as tourism must wait. Ecotourism is a sustainable activity that attracts tourists concerned about the environment and local culture, which generates income for the locals. In order to have a broader picture of how the ecotourism sector is dealing with covid-19, a systematic review was conducted to identify Scopus records detailing such evidence disclosed from 2020 to the first quarter of 2021. As results, records were identified in the five continents, which agree that the pandemic has negatively affected the income of local people, who have been forced to close their businesses and even perform illegal acts; however, there are also encouraging proposals of economic reactivation plans presented by villagers, who expect the opening of this activity to operate keeping all the health safety measures decreed by their governments.   Received: 6 May 2021 / Accepted: 27 September 2021 / Published: 5 November 2021


2021 ◽  
Vol 4 (6) ◽  
pp. 2277
Author(s):  
Desy Ramadhani Pratini

AbstractLiability (aansprakelejikeheidcausing) is a condition in which a party or a legal subject, if after committing an act of breaking the law, and losses to other parties must bear it. Unlawful acts can also be found on a social media platform, along with the types of accountability. There is a tendency for illegal acts committed by owners of social media accounts without identity because one of the social media platforms is not accompanied by verification of personal identity at the time of account creation. This unlawful act through social media accounts without real identity is an insult and defamation which is a special form of an illegal act. On the other hand, for the losses suffered by the victim, a civil suit against the law can be filed. However, due to difficulties in the civil lawsuit process, namely by not knowing the identity of the account owner. Then this can only be done if there is a final legally binding decision regarding criminal law.Keywords: Unlawful; Liability of Liability; Social Media Accounts.AbstrakTanggung gugat (Liability/aansprakelejikeheid) merupakan suatu kondisi dimana pihak atau subjek hukum apabila setelah melakukan perbuatan melanggar hukum, dan membawa kerugian bagi pihak lain, ia harus menanggungnya. Perbuatan melanggar hukum dapat pula ditemui dalam suatu platform media sosial, disertai dengan jenis tanggung gugatnya. Kecenderungan terdapatnya perbuatan melanggar hukum yang dilakukan oleh pemilik akun media sosial tanpa identitas disebabkan oleh salah satu platform media sosial tidak disertai verifikasi identitas pribadi pada saat pembuatan akun. Perbuatan melanggar hukum melalui akun media sosial tanpa identitas asli ini adalah penghinaan dan pencemaran nama baik yang merupakan bentuk khusus dari perbuatan melanggar hukum. Di sisi lain, atas kerugian yang dialami oleh korban, dapat diajukannya upaya gugatan keperdataan dengan gugatan perbuatan melanggar hukum. Namun, dikarenakan terdapatnya kesulitan dalam proses gugatan keperdataan, yaitu dengan tidak diketahuinya identitas pemilik akun. Maka hal tersebut baru dapat dilakukan apabila terdapat putusan yang berkekuatan hukum tetap mengenai hukum pidana. Kata Kunci: Perbuatan Melanggar Hukum; Tanggung Gugat; Akun Media Sosial.


2021 ◽  
Vol 10 (6) ◽  
pp. 264
Author(s):  
. Ridwan

This study aims to analyze the expansion of the absolute competence of Administrative Courts to examine factual actions and/or illegal acts by the government. This paper is a doctrinal legal research using statute and conceptual approach. The result of this study argued that the expansion posed a legal problem since the absolute authority is determined by law. In this case, it is transferred through a Supreme Court Regulation without changing the law. The other problem was also found in the legal basis for judicial review and limited compensation. Ideally, it should be preceded by amending the law, broadening the legal basis for review, and providing fair compensation.   Received: 27 July 2021 / Accepted: 27 September 2021 / Published: 5 November 2021


2021 ◽  
Vol 2072 (1) ◽  
pp. 012010
Author(s):  
D Andiwijayakusuma ◽  
A Mardhi ◽  
T Asmoro ◽  
T Setiadipura ◽  
A Purqon ◽  
...  

Abstract Every nuclear facility must pay attention to the 3S aspect (Safety-Security-Safeguard) to prevent nuclear accidents. One element in the nuclear security aspects includes a reliable Physical Protection System (PPS), which aims to ward off security disturbances and other illegal acts, i.e., sabotage, theft, Etc. This study evaluates the PPS performance by adversary-path analysis approach using the EASI code for hypothetical nuclear reactor facility to anticipate sabotage attacks as the highest consequences scenario. We perform the probability of interruption (PI) calculation as represented by the effectiveness of the PPS. The study results show that in the PPS design, calculating the PI value using the EASI code confirms the need to pay attention in determining the MVP. The results provide feedback for the PPS designer to accept the current design or strengthen it to obtain a reliable PPS.


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