scholarly journals BRIBERY AS A WAY OF SPECIAL INCITEMENT TO TRAFFICKING

2019 ◽  
pp. 190-196
Author(s):  
V. V. Berezner
Keyword(s):  
Criminal Code ◽  
Human Beings ◽  
Trafficking In Persons ◽  
Monetary Compensation ◽  
Independent Form ◽  
Third Person ◽  
The Subject ◽  
The One ◽  
Definition Of ◽  
Objective Aspect

The article analyzes the novelties proposed by the domestic legislator concerning ways of committing such an offense as human trafficking. It is concluded that there are certain contradictions in the design provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine, stipulated by the mechanical combination of national and international representations about the essence of this crime. In particular, it is noted that, unlike national criminal law, international legal acts consider this concept as a civil law category, defining it in accordance with the content of the contract of sale, and position the trafficking of human beings as a combination of mandatory elements, which includes the act, the ways of its commission and the purpose of exploitation of a person. Therefore, on the one hand, the transfer- receipt of a person, including for monetary compensation, cannot be considered as trafficking in persons, if they are not carried out in the indicated ways and do not pursue the purpose of exploitation, and on the other - preservation in the disposition of Part 1 of Art. 149 of the Criminal Code of Ukraine, trafficking in human beings, as an independent form of the objective aspect of thiscrime, leads to the double criminalization of the transfer-receipt of a person, since any sale or purchase without this is impossible. In this regard, the disposition of Part 1 of Art. 149 to be described as descriptive of the definition of trafficking in persons as the recruitment, transfer, harboring, transfer or receipt of a person for the purpose of exploitation that occurs through the use of violence which is not dangerous to the life or health of the victim or his relatives or the threat of the use of such violence, deception, blackmail, material or other dependence of the victim, his vulnerable state, or the bribery of a third person who controls the victim. The criminal nature of the bribing of a third person who controls the victim is determined for obtaining an agreement on its exploitation. It is argued that the bribery of a third person is connected with the transfer of a person, in particular, with its component, such as providing another person with control over the victim and is not a way of committing this act, but a kind of special incitement to it. There is justification for recognizing the subject of the bribe of a third person who controls the victim, the perpetrator of the crime provided for in Part 1 of Art. 149 of the Criminal Code of Ukraine.

Democracy and Political Culture

2019 ◽  
Author(s):  
Ross McKibbin
Keyword(s):  
Political Culture ◽  
Case Studies ◽  
Social System ◽  
Political System ◽  
Democratic Politics ◽  
Social Structures ◽  
The Political ◽  
The Subject ◽  
The One ◽  
Definition Of

This book is an examination of Britain as a democratic society; what it means to describe it as such; and how we can attempt such an examination. The book does this via a number of ‘case-studies’ which approach the subject in different ways: J.M. Keynes and his analysis of British social structures; the political career of Harold Nicolson and his understanding of democratic politics; the novels of A.J. Cronin, especially The Citadel, and what they tell us about the definition of democracy in the interwar years. The book also investigates the evolution of the British party political system until the present day and attempts to suggest why it has become so apparently unstable. There are also two chapters on sport as representative of the British social system as a whole as well as the ways in which the British influenced the sporting systems of other countries. The book has a marked comparative theme, including one chapter which compares British and Australian political cultures and which shows British democracy in a somewhat different light from the one usually shone on it. The concluding chapter brings together the overall argument.

scholarly journals Beyond Classical Definition: The Non-definition of Gamification

2021 ◽  
Vol 2 (2) ◽  
Author(s):  
Mario S. Staller ◽  
Swen Koerner
Keyword(s):  
Empirical Investigation ◽  
Working Life ◽  
Pedagogical Practice ◽  
Police Recruits ◽  
Design Elements ◽  
The Subject ◽  
Anchor Points ◽  
The One ◽  
Definition Of ◽  
Game Elements

AbstractGamification is regularly defined as the use of game elements in non-gaming contexts. However, discussions in the context of the pedagogical value of gamification suggest controversies on various levels. While on the one hand, the potential is seen in the design of joyful learning environments, critics point out the pedagogical dangers or the problems related to optimizing working life. It becomes apparent that the assumptions guiding action on the subject matter of gamification in educational contexts differ, which leads to different derivations for pedagogical practice—but also allows for different perspectives on initially controversial positions. Being aware of these assumptions is the claim of a reflexive pedagogy. With regard to the pedagogical use of gamifying elements and their empirical investigation, there are three main anchor points to consider from a reflexive stance: (a) the high context-specificity of the teaching undertaken and (b) the (non-)visibility of the design elements and (c) the (non-)acceptance of the gamified elements by the students. We start by providing a discussion of the definitional discourse on what is understood as gamification leading to our argument for a non-definition of gamification. We describe the potential of this non-definition of gamification and exemplify its use in a gamified concept of teaching police recruits professional reflexivity. The concept features the narrative of a potential crime that has been undertaken and that students decide for themselves if they want to engage with it.

scholarly journals Reduction of term in scientific theory

2020 ◽  
pp. 1-14 ◽  
Author(s):  
Dmitriy Pavlovich Surovyagin
Keyword(s):  
Scientific Theory ◽  
Functional Equivalence ◽  
Theoretical Terms ◽  
Multiple Approach ◽  
The Subject ◽  
The One ◽  
Definition Of ◽  
Reduction Relation ◽  
Methodology Of Science ◽  
Inverse Operation

The subject of this research is the concept of reduction in logics and methodology of science. On the one hand, reduction is understood as a relation between the term and its defining expression within the scientific theory; while on the other – it represents the relation between two theories. Since the extension of theory is possible through introduction to its vocabulary of new terms by means of nominal definitions, the reduction represents an inverse operation – removing the terms from the vocabulary of the theory. At the same time, the theory itself is defined in accordance with the theoretical-multiple approach as a class of sentences closed in relation to derivability. The scientific novelty consists in examination of semantic and epistemological aspects of the formal definition of reduction. Particularly, the explication of reduction relation between two theories leans in the concept of functional equivalence of the theories. It is established that the list of basic terms of the theory can be set only conventionally. All terms introduces by the means of nominal definitions turn out to be reducible. Therefore, a distinctive feature of theoretical terms is the possibility of its reduction.

scholarly journals RESPONSIBILITY FOR TRAFFICKING IN PERSONS UNDER RUSSIAN CRIMINAL LAW: ISSUES OF LEGISLATIVE TECHNOLOGY AND LAW

2020 ◽  
Vol 24 (4) ◽  
pp. 1078-1099
Author(s):  
Nina Yu. Skripchenko
Keyword(s):  
Human Trafficking ◽  
Criminal Law ◽  
Criminal Code ◽  
Social Consequences ◽  
Trafficking In Persons ◽  
Illegal Migration ◽  
Scientific Analysis ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
Definition Of

Today, no state in the world can say with confidence that it does not face the problem of human trafficking as it does not depend on the geopolitical position of the country, nor on the socio-economic situation. The negative social consequences of the transformations in Russia at the end of the last century determined not only its transit destination during the illegal migration of labor, but also the role of the sender and recipient of human commodity (mainly women and children) intended for exploitation (i.e. including sexual), surrogacy, removal of organs and tissues. Trying to adhere to the international definition of human trafficking as much as possible and drawing on the existing experience of regulation, the Russian legislator enshrined the norm in the Criminal Code (Article 1271) containing editorial flaws that impeded its implementation. The purpose of the study is to formulate proposals to address the deficiencies identified during the study of the legislative definition of trafficking in persons, which cause difficulties in enforcement. The methodological basis is constituted by general scientific (analysis and synthesis, dialectics) and private scientific research methods (system-structural, formal-legal, logical, linguistic). The paper notes the terminological difficulties associated with the inclusion of Convention norms in the system of Russian law. Noting the need to establish enhanced guarantees of child safety, the author does not see the need for independent criminalization of trafficking in minors. By identifying technical and legal shortcomings in the definition of human trafficking and human exploitation, the author suggests ways to solve them by reforming the criminal law and judicial interpretation at the level of the Plenary Session of the Supreme Court of the Russian Federation.

scholarly journals FORENSIC CHARACTERISTICS OF THE OFFER, PROMISE OR THE PROVISION OF IMPROPER BENEFITS: THE SUBJECT-MATTER OF A CRIME

2020 ◽  
pp. 19-25
Author(s):  
Г. О. Гончарук
Keyword(s):  
Subject Matter ◽  
Scientific Literature ◽  
Intangible Assets ◽  
Criminal Code ◽  
Local Currency ◽  
Judicial Practice ◽  
Proposal A ◽  
The Subject ◽  
Definition Of

The article is devoted to the definition of the subject-matter of such corruption crimes as a proposal, a promise or the provision of an undue benefit (stipulated in Article 369 of the Criminal Code of Ukraine). The normative legal acts, forensic scientific literature, and also the analysis of judicial practice are studied. It is ascertained that to the subjects of the proposal, the promise or the provision of undue benefits, that is, the crimes provided for in Art. 369 of the Criminal Code of Ukraine can be classified as: a) cash, b) benefits, c) benefits d) services, e) intangible assets, f) other property. Taking into account the following forming properties, it is expedient to subdivide the objects of the offer or the promise of improper benefit to the official for real and symbolic. In accordance with the analysis of judicial practice, the average subject-matter of a proposal, promise or provision of improper benefit to an official is cash in local currency (UAH) in the amount of UAH 6286.70.

Culture

2020 ◽  
pp. 45-63
Author(s):  
Mbosowo Bassey Udok
Keyword(s):  
Subject Matter ◽  
Human Existence ◽  
Technical Knowledge ◽  
Human Beings ◽  
Cultural Backgrounds ◽  
Patterns Of Behavior ◽  
The Subject ◽  
Similarities And Differences ◽  
Definition Of ◽  
The Impact

Human existence as a whole is attached to a culture. Every human is a member of a group that acts within the framework of patterns of behavior that is unique or peculiar to the group. Each group determines the component of her culture, and culture builds an identity for the group. This chapter is poised to examine definitions of culture across cultural backgrounds to show similarities and differences in articulating the subject matter. It explicates the components of culture which include the product and technical knowledge of human beings in a given environment. The work plunges into the characteristics of culture as socially based. Here, culture is seen as a creation of society and shared among members of the same society and learned through associations with others in the group. The work concludes that though there is no universally acceptable definition of culture, the impact of culture cannot be undermined as its influence is felt across disciplines and communities.

Cestaro v. Italy: The European Court of Human Rights on the Duty to Criminalise Torture and Italy’s Structural Problem

2017 ◽  
Vol 17 (3) ◽  
pp. 567-585
Author(s):  
Domenico Carolei
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Code ◽  
European Convention ◽  
Structural Problem ◽  
European Court ◽  
The One ◽  
Definition Of ◽  
Normative Content ◽  
Italian Legislation

In April 2015, the European Court of Human Rights (ECtHR) ruled that Italian legislation is inadequate to criminalise acts of torture (Cestaro v. Italy). Following the ECtHR’s decision, the Italian Parliament approved the bill A.C. 2168 which aimed to introduce the crime of torture (Article 613-bis) in the Italian Criminal Code. The bill does not seem to comply with the definition of torture provided by international law, and also neglects the legislative guidelines outlined by the ECtHR in Cestaro v. Italy. The purpose of this article is twofold. On the one hand, it will assess the ECtHR’s decision focusing on Italy’s structural problem and its duty to enact and enforce efficient criminal provisions under Article 3 of the European Convention. On the other hand, it will analyse the normative content of Article 613-bis in order to highlight its weaknesses and propose, on each of them, suggestions for amendment.

The Nature of Ususfructus

1946 ◽  
Vol 9 (2) ◽  
pp. 159-170
Author(s):  
Kopel Kagan
Keyword(s):  
Great Difficulty ◽  
Roman Law ◽  
Present Position ◽  
Modern Times ◽  
The Subject ◽  
The One ◽  
Definition Of ◽  
The Right ◽  
Opening Statements ◽  
In Virtue Of

No satisfactory definition of Dominium in Roman Law has yet been achieved. Amongst English writers Austin many years ago found great difficulty in this question while in modern times Professor Buckland has written ‘it is thus difficult to define Dominium precisely.’ Again, Poste, dealing with Gaius' discussion of dominium, says that his opening statements are ‘deplorably confused.’ These examples are enough to indicate the condition, of uncertainty which prevails. In my submission this uncertainty exists mainly because the conception of ususfructus has never yet been explained adequately. Of Possessio it has been said ‘the definition of Possessio to give the results outlined is a matter of great difficulty. No perfectly correct solution may be possible,’ and this statement is generally accepted as a correct assessment of the present position in juristic literature. But here, too, in my opinion, the reason is again connected with usufruct, for the possessio of the usufructuary has not yet been adequately determined. Gaius (2.93) tells us ‘usufructuarius vero usucapere non potest; primuum quod non possidet, sed habet ius utendi et fruendi.’ Ulpian holds that he had possessio in fact (‘Naturaliter videtur possidere is qui usum fructum habet’ D.41.2.12). On this subject Roby says ‘the fructuary was not strictly a possessor and therefore if he was deprived from enjoying he had not a claim to the original interdict de vi but in virtue of his quasi-possessio a special interdict was granted him.’ Austin saw difficulty in the whole problem of possessio. He wrote ‘by Savigny in his treatise on possessio it is remarked that the possessio of a right of usufruct … resembles the possessio of a thing, by the proprietor, or by an adverse possessor exercising rights of property over the thing. And that a disturbance of the one possession resembles the disturbance of the other. Now this must happen for the reason I have already stated:—namely, that the right of usufruct or user, like that of property, is indefinite in point of user. For what is possession (meaning legal possession not mere physical handling of the subject) but the exercise of a right ?’

scholarly journals FEATURES OF PUBLIC OFFICIAL IN CRIMINAL LAW OF UKRAINE

2021 ◽  
Vol 12 (2) ◽  
pp. 113-120
Author(s):  
Oleksandr Tsyvinskyi ◽  
Keyword(s):  
Criminal Code ◽  
Regulatory Function ◽  
Public Official ◽  
Self Administration ◽  
Legal Norms ◽  
The Public ◽  
The Subject ◽  
Definition Of ◽  
Criminal Legislation ◽  
Regulatory Functions

Introduction. In spite of definitude of the concept of public official directly in Criminal Code of Ukraine, its definition makes many difficulties. As the result there is an absence of the only approach concerning interpretation of context and amount of the concept in theory as well as ambiguous applying of relevant criminal and legal norms in enforcement practice. Purpose. The purpose of the article is to find out the subject matter of public official, as well as preparation of improvement of definition of the public official notion in criminal legislation. Results. Persons, that implement functions of a representative of authority or local self-administration, should also be referred as persons empowering the rights from state and its bodies; municipalities, bodies of local self-government make demands and solve problems, which are necessary for implementation by external respondents (entities, that are not subordinate by position and legal entities) and also implement from state, its bodies, bodies of local self-government enforcement measures in case of violations of legal norms. Organizational and regulatory functions should be exclusively considered as functions of administration working with employees that are implemented by person’s availability to make orders, instructions, commands, take encouragement and penalty measures referring to them. Administrative and economic functions should be perceived as functions of administration or disposal of other people’s property. Conclusion. Based on the research the author suggests to apply the defined term of public official instead of terms "an individual fulfilling functions of representative of authority or local self-government" "organizational and regulatory function" and "administrative and economic functions", terms "an individual empowered fulfilling state functions or local self-government", "functions concerning administration of work with employees" and "functions of administration and disposal of other people’s property" accordingly.

scholarly journals DEFINITION OF MASS RIOTS IN RUSSIAN CRIMINAL LAWS

2020 ◽  
pp. 32-41
Author(s):  
Sergey A. Eliseev ◽  
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Code ◽  
Single Person ◽  
Generic Term ◽  
Russian Federa Tion ◽  
The Russian Federation ◽  
Criminal Protection ◽  
Definition Of ◽  
Objective Aspect

The chapter 24 of the Criminal Code of the Russian Federation is devoted to crimes against public security. Articles of this chapter represent enough effectual instruments of criminal protection of public interests and protection of a person as well. However, studying of some articles of the chapter 24 of the Criminal Code and practice of its applying show the necessity to improve prohibitions, provided by it. For example, article 212 of the Criminal Code of the Russian Federation, despite verbalism, doesn’t give a strict idea on content of the subject of crime, provided by it. Literal interpreta-tion of the expression “mass disorder, leading with violence, demolition and arson…” allows to confirm, that subject of crime of mass disorder supposes such elements as mass disorder, violence and other actions, provided by p.1 art.212 of the Criminal Code of the Russian Federa-tion, which are followed by mass disorder, completed by them, committed simultaneously. Part 3 of the article 212 of the Criminal Code of the Russian Federation gives the same idea, it provides punishment not only for riotous statements in mass disorder or participation in it, but for calls to violence. But what we should refer to mass disorder, which is a part of objective aspect of a crime along with riotous behavior of a crowd (violence use, arsons, demolition and so on), is anyone’s guess. However, the title of the article, its purpose, content of criminal prohibition suggest that objective aspect of crime “mass disorder” includes one systematic element, which is committing demolition, arsons, violence use towards citizens by a great number of people (by a crowd). It makes sense to improve text of the article 212 of the Criminal Code of the Russian Federation. Within the meaning of crime mentioned in it, emphasis should be turned to aggressive actions of a crowd, because they form public danger of this action. Exactly these actions (violence use , arsons, demolition and so on) are caused damages to public relations, which provide security of life, health, property of a single person or a number of people, activity of state authority and government, functioning of organizations and enterprises. To define the notion of mass disorder it is enough to point out the essence of this action in the Criminal Code of the Russian Federation – the committing of some public dangerous actions by participants of the crowd. It is necessary to eliminate ineffectual stylistically and semantic expression “mass disorder, accompanying …” from the definition. Instead of it we should use a formula: “mass disorder - violence use towards a person, arsons, demolition and damage of property”. It is necessary to abandon repetitions in description of the objective aspect of mass disorder. It is obvious, that the notion “use of weapon” has a lot in common with the notion “provision of armed resistance to public authority” (it is generic term towards the latter); calling to violence towards citizens in context of the article 212 of the Criminal Code of the Russian Federation represent itself call to mass disorder.

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