Issues related to the qualifying features of the crime of arbitrariness
In: Asian journal of research in social sciences and humanities: AJRSH, Band 12, Heft 1, S. 240-244
ISSN: 2249-7315
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In: Asian journal of research in social sciences and humanities: AJRSH, Band 12, Heft 1, S. 240-244
ISSN: 2249-7315
In: Public Administration, Band 24, Heft 1, S. 60-62
The article examines the economic and legal nature of cryptocurrency as an object of civil rights. The article analyzes the current problems of the civil law mechanism for fulfilling obligations in the sphere of digital rights turnover. The system of characteristic features of the cryptocurrency is revealed. To clarify and integrate doctrinal, legislative and law enforcement approaches, the author proposes a definition of cryptocurrency based on its qualifying features. The author defines cryptocurrency as a transferable complex thing within a given specific digital system, which is characterized by both material signs of money, currency values and information, and legally significant qualities of the property, digital and intellectual rights, and intangible benefits (business reputation). Currently, it is necessary to sыolve the problem with the lack of theoretical, legislative, and law enforcement approach to the concept of cryptocurrency and the systematization of its qualifying features. The legal definition of cryptocurrency will serve as a methodological basis for the effective legal regulation of relations both in the specialized market of digital financial instruments and relations in the rapidly developing sphere of digital rights, which is necessary for economic growth and serves as an institutional basis for the digital economy and the state.
The article deals with the issue of a such qualifying feature of certain crimes against property as «breaking into a residence, other premises or a shelter». The argumentation to prove that the notion of a residence, other premises or a shelter in criminal law is different from the similar concepts used in civil law is provided. The reason is that in the criminal legislation, such concepts are used not in the sense of property objects, provided with criminal law protection, but as objects allowing a person to lead his/her private life, which itself is the additional object of protection along with property in case of stealing accompanied with breaking. The conclusion about the necessity of a terminological change of this qualifying feature is made.It is substantiated that in the sense of the analyzed qualifying feature, a certain territory in particular fenced-off areas, can be considered a shelter in the presence of a set of the following conditions: 1. The territory (area) has to be in the legal possession of a person (on legal grounds). Otherwise, it cannot be a separate object of criminal law protection, the illegal breaking into which is a crime in the sense of Article 162 of the Criminal Code of Ukraine, and accordingly it cannot also be an additional direct object within some of the crimes against property; 2. The specified territory has to be clearly outlined by the visual limits allowing unauthorized persons to understand that it is not free (open) to be visited by anyone who wants to, and the stay on it requires a consent of the legal owner of the territory or his/her authorized person; 3. Obstacles installed along the perimeter of the identified boundaries of the territory have to impede the entering of unauthorized persons into the territory. The obstacles that make it possible to consider a certain territory as a shelter can include such objective or subjective obstructions that an average person does not overcome in everyday life to enter a territory that is free to visit by anyone who wants to or the owner of which does not consider it necessary to restrict access to it by the others.Concerning the general conclusion about the problem, which is the subject-matter of this article, it can be offered to the legislator to change the formulation of the analyzed qualifying feature of certain crimes against property to the following one: «breaking into a residence or other possession of a person». ; Розглянуто питання, яке стосується кваліфікуючої ознаки окремих злочинів проти власності «проникнення в житло, інше приміщення чи сховище». Наведено аргументацію на доказ того, що поняття житла, іншого приміщення чи сховища у кримінально-правовому розумінні є відмінним від аналогічних понять, які використовують у цивільному праві. Адже в кримінальному законодавстві, вказані поняття вживають не у розмінні їх як майнових об'єктів, яким забезпечено кримінально-правову охорону, а як об'єктів, які дають змогу людині провадити своє приватне життя, яке і є додатковим об'єктом охорони поряд із власністю у випадку викрадення з проникненням. Зроблено висновок про необхідність термінологічної зміни вказаної кваліфікуючої ознаки.
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In: Problemy zakonnosti: zbirnyk naukovych pracʹ = Problems of legality, Heft 157, S. 74-92
ISSN: 2414-990X
The features of leaving the statement of claim without consideration in connection with the repeated plaintiff's default as the nature of the reasons for his/her absence at trial are investigated. In particular, the degree of influence of their validity on the exercise of court powers to terminate proceedings without a court decision on the merits of civil claims is studied. Attention is paid to the necessity and expediency of taking into account the valid reasons for non-appearance of the plaintiff and (or) his/her representative in determining the legal consequences of his/her default at trial. In particular, applying to the institution of leaving the statement of claim without consideration, on the grounds provided for in paragraph 3 of Part 1 of Art. 257 of the Civil Procedure of Ukraine, which will ensure the balance of interests of the plaintiff and the defendant in the proceedings: the plaintiff will be guaranteed the possibility of practical exercise of his/her right to a fair trial, and the defendant will be protected from excessive delay of the case.The provision that the validity of reasons for the plaintiff's default at trial should remain an evaluative category is substantiated. It is decided by the court in each case separately, taking into account a combination of such factors as 1) the nature of the circumstances preventing the plaintiff's appearance at trial; 2) the proof of their existence by appropriate and admissible evidence; 3) the degree of influence of these circumstances on the impossibility of the plaintiff's appearance at trial; 4) the impossibility of using other alternates (regimes) of participation at trial; 5) the preliminary behavior of the plaintiff and (or) his/her representative in the case, the complexity of the case, the quantitative characteristics of the court hearings in the case, the total duration of the civil proceedings, etc. If the court, taking into account the above-mentioned criteria, finds such a circumstance to be unreasonable for the plaintiff's default at trial, the court should argue the reasons for such a decision on each of these criteria, which would ensure the objectivity and validity of the court interpretation of such a legal construction as "the validity of the reasons for default at trial".
Master's paper "Factors qualifying commercial representation" defines the concept of agency and addressed to an agency qualifying features based on the creation of forms of agency relationships, the parties rights and responsibilities. It is also considered a commercial representation in the form provided in the Civil Code of the Republic of Lithuania. The first part describes the general characteristics of the agency in discussing the definitions of "commercial" and "agency" values. Next analyzed the agency establishment methods and their properties. Discusses agency the relationship between the parties' rights and obligations of features, depending on the establishment method of an agency. Are compared and their advantages and disadvantages. Indication of the general rights and responsibilities of the agency relationships, take in to account effect of the non-validy of the transaction, as well as relief in terms of damage. The last part describes the forms of agency named in Civil Code of Republic of Lithuania, commercial agents and proxy. Commercial agents regulated at Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self employed commercial agents, so the paper considers not only the Civil Code regulation, but also the EU directive and ECJ case law. Commercial agent is separated from distribution, franchising and trustee. Proxy on the basis of the activities described in the CC and the Lithuanian Supreme Court.
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Master's paper "Factors qualifying commercial representation" defines the concept of agency and addressed to an agency qualifying features based on the creation of forms of agency relationships, the parties rights and responsibilities. It is also considered a commercial representation in the form provided in the Civil Code of the Republic of Lithuania. The first part describes the general characteristics of the agency in discussing the definitions of "commercial" and "agency" values. Next analyzed the agency establishment methods and their properties. Discusses agency the relationship between the parties' rights and obligations of features, depending on the establishment method of an agency. Are compared and their advantages and disadvantages. Indication of the general rights and responsibilities of the agency relationships, take in to account effect of the non-validy of the transaction, as well as relief in terms of damage. The last part describes the forms of agency named in Civil Code of Republic of Lithuania, commercial agents and proxy. Commercial agents regulated at Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self employed commercial agents, so the paper considers not only the Civil Code regulation, but also the EU directive and ECJ case law. Commercial agent is separated from distribution, franchising and trustee. Proxy on the basis of the activities described in the CC and the Lithuanian Supreme Court.
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In: Citizenship teaching and learning, Band 9, Heft 2, S. 157-173
ISSN: 1751-1925
Abstract
This article focuses on the Swedish school's democratic mission to foster active democratic citizens in relation to fundamental human rights, the National Education Act and the National Curriculum for the compulsory school system. This is done by showing the tension contained in policy documents and giving examples of how this is played out in the everyday practices of schooling. The overall democratic mission for the Swedish school system – to prepare the younger generation for Swedish citizenship – takes place within the nation state and therefore carries with it historical and cultural norms, values and laws that in certain ways become relevant to various minority groups in the country. In this article, the notion of the abstract citizen is used to elaborate on the imaginary of the nation and its ideal citizens. The empirical material consists of two case studies, both of which are situated in the same Swedish town and have been chosen in order to achieve socio-economic variation. A mixed-method approach has been applied to the study. The results show the complexities that result from the tension that exists in the policy documents with respect to the school's responsibility to prepare the younger generation for an active, democratic citizenship characterized by virtues such as democratic, pluralistic and tolerant. An important feature is the school staff's professional judgement, i.e. an awareness of the grounds on which students are treated and which opportunities exist for individuals to differ from the majority of the population. Such situations of response and processes of socializing and disciplining create practices of inclusion and exclusion. In democratic terms, the notion of the abstract citizen must be constantly negotiated and renegotiated in the policy implementation and enactment in the everyday practice of schooling.
This paper examines current controversies around the use of gene editing on human embryos. Gene editing techniques (such as CRISPR/Cas9) have raised numerous questions to do with governance, security, control, legislation, regulation, ethics, responsibility, and economics. While the controversy around CRISPR/Cas9 is multifaceted and multi-layered, I focus in this paper on one key issue, namely the characterizations of, and demarcations between, responsible research and irresponsible research. I draw upon three key sites of debate and contestation: the international summits on human gene editing held in 2015 and in 2018, and the public reactions following the announcement of the birth of two gene-edited babies in November 2018. As I will show, irresponsible research is the result of a process involving various kinds of dis/qualifications and demarcations. An individual scientist is singled out, experiments are scrutinized for their legality and safety, ethical and moral stances are questioned, a scientific announcement is transformed into a provisional knowledge claim: these are the key features of a process that I propose to call 'irresponsibilization'. This irresponsibilization of research is inevitably entangled with calls for further action: irresponsible research should be contained, the veracity of knowledge claims need to be confirmed, and institutions and decision-makers are called to act.
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This paper examines current controversies around the use of gene editing on human embryos. Gene editing techniques (such as CRISPR/Cas9) have raised numerous questions to do with governance, security, control, legislation, regulation, ethics, responsibility, and economics. While the controversy around CRISPR/Cas9 is multifaceted and multi-layered, I focus in this paper on one key issue, namely the characterizations of, and demarcations between, responsible research and irresponsible research. I draw upon three key sites of debate and contestation: the international summits on human gene editing held in 2015 and in 2018, and the public reactions following the announcement of the birth of two gene-edited babies in November 2018. As I will show, irresponsible research is the result of a process involving various kinds of dis/qualifications and demarcations. An individual scientist is singled out, experiments are scrutinized for their legality and safety, ethical and moral stances are questioned, a scientific announcement is transformed into a provisional knowledge claim: these are the key features of a process that I propose to call 'irresponsibilization'. This irresponsibilization of research is inevitably entangled with calls for further action: irresponsible research should be contained, the veracity of knowledge claims need to be confirmed, and institutions and decision-makers are called to act.
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In: Social science quarterly, Band 63, Heft 3, S. 582-588
ISSN: 0038-4941
Standard tabular analysis & discriminant function analysis, both conducted on data obtained through a questionnaire survey of 2 samples of registered voters (N = 459 & 163) residing in a southern Calif city, indicate significant differences between petition signers & nonsigners regarding interest in, knowledge about, or support for initiative measures. These differences remain even after controls for background variables. The results are tentative, but indicate a rationale for increased interest in assessing the impact of petition-signing, as well as other features of initiative qualifying efforts, on political behavior & the politics of direct legislation. 5 Tables. Modified HA.
In: Public Administration, Band 20, Heft 2, S. 44-49
The article is devoted to actual issues of qualification of crimes committed by an organized group. This article is devoted to features showing that by recognizing the crime committed by the criminal and choosing the norm of the Criminal Code containing this crime, the law-enforcer gives a criminal-legal assessment and reveals its legal essence. The theoretical bases of the qualification of crimes committed by an organized group are considered in the work. The reasons for the appearance of organized crime and the most important prerequisites for its development are analyzed. Its characteristic features that are important for the qualification of crimes as committed by an organized group are highlighted and described, thus emphasizing the "type of dangerous conduct of accomplices", as well as the main difficulties in qualifying crimes. Particular attention is paid to ethnic organized crime, which represents an increased social danger due to its prevalence, the ability to generate negative social consequences, as well as constant self-determination. Based on the statistical data given in the article, there is a certain dynamics of the development of organized crime in Russia, which is expressed in the constant growth of registered crimes committed by organized groups and the number of persons, identified in organized communities since 2009. The main content of the study is the analysis of various approaches to the definition of the concept of "qualification of crimes"; the legal grounds for the classification of crimes committed by organized groups are examined.
Tormenting is of special interest. The necessary feature of the crime is particular cruelty, ruthlessness, callousness. The victim suffers greatly physically and psychologically. The author suggests setting up the criminal responsibility for tormenting in a separate article of the Criminal Code of Russian Federation. In order to do that it is necessary to add a new article 301-1 of the Criminal Code of Russian Federation. The author proposes to exclude such a qualifying feature as "tormenting" from the article 117 of the Criminal Code and to exclude the explanatory note to the article. So, criminal legislation of Russian Federation in the question of qualifying tormenting will correspond to international norms (in particular, to Convention 1984) and this will allow to qualify correctly the actions of the guilty. ; Tormenting is of special interest. The necessary feature of the crime is particular cruelty, ruthlessness, callousness. The victim suffers greatly physically and psychologically. The author suggests setting up the criminal responsibility for tormenting in a separate article of the Criminal Code of Russian Federation. In order to do that it is necessary to add a new article 301-1 of the Criminal Code of Russian Federation. The author proposes to exclude such a qualifying feature as "tormenting" from the article 117 of the Criminal Code and to exclude the explanatory note to the article. So, criminal legislation of Russian Federation in the question of qualifying tormenting will correspond to international norms (in particular, to Convention 1984) and this will allow to qualify correctly the actions of the guilty.
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The study is devoted to the issue of the concept of chicane in civil relations: features and differences from other forms of abuse of law. The paper analyzes the legislation, legal doctrine and judicial practice on this issue. On the basis of the study, the analysis of the chicane as a special type of abuse of the right, its qualifying features in comparison with other types of abuse of the right, was carried out, and the scientific and practical recommendations for improving the civil legislation of Ukraine on the application of the chicane were supplemented. ; Дослідження присвячено питанню поняття шикани у цивільних правовідносинах: особливості та відмінності від інших форм зловживання правом. В роботі проведено аналіз законодавства, правової доктрини та судової практики стосовно зазначеного питання. На основі проведеного дослідження здійснено аналіз шикани як особливого виду зловживання правом, її кваліфікуючі ознаки у порівнянні з іншими видами зловживання правом, та доповнено науково-практичні рекомендації щодо удосконалення цивільного законодавства України з питань застосування шикани.
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В статье автором исследуется понятие коррупции и ее квалифицирующие признаки, определенные действующим законодательством, проводится дифференциация собственно коррупции и околокоррупционных правонарушений, указывается на пробелы российского законодательства, связанного с направлением исследования. ; In the article the author explores the concept of corruption and its qualifying features defined by applicable law, differentiated itself of corruption and Kolokotroni offences specified in the gaps in the Russian legislation, associated with the research.
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В последние годы незаконная миграция превратилась в устойчивое негативное явление, оказывающее влияние на все сферы жизни общества. Уголовным законодательством Российской Федерации предусмотрена ответственность за организацию незаконной миграции. В статье исследуются квалифицирующие признаки организации незаконной миграции, анализируются реалии применения статьи 322.1 Уголовного кодекса Российской Федерации, выявляются проблемы и предлагаются пути их решения. В частности, обосновывается необходимость дифференцировать ответственность за организацию незаконной миграции, совершенную группой лиц по предварительному сговору и организованной группой; дополнить статью 322.1 Уголовного кодекса Российской Федерации такими квалифицирующими признаками, как совершение деяния с использованием служебного положения, а также из корыстной или иной личной заинтересованности. ; In recent years, illegal migration has become a stable negative phenomenon affecting all spheres of society. The criminal legislation of the Russian Federation provides liability for organization of illegal migration. The qualifying features of the organization of illegal migration are examined in the article. The realities of the application of article 322.1 of the Criminal Code of the Russian Federation are analyzed. The problems are identified and the ways of their solution are suggested. In particular, the need to differentiate the responsibility for organizing the illegal migration committed by a group of persons by preliminary conspiracy and by organized group is substantiated. The author of the article also proposes to supplement the article 322.1 of the Criminal Code of the Russian Federation by such qualifying features as committing the criminal act using one's official position, as well as out of mercenary or other personal interest.
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