scholarly journals THE CONCEPT OF PRIVACY OF TELEPHONE CONVERSATIONS CONVEYED BY MEANS OF COMMUNICATION (ARTICLE 163 OF THE CRIMINAL CODE OF UKRAINE)

2020 ◽  
Author(s):  
Анжела Стрижевська
Keyword(s):  
Criminal Code ◽  
Specific Form ◽  
Telecommunication Networks ◽  
Specific Information ◽  
Telephone Conversation ◽  
Exchange Of Information ◽  
Specific Objective ◽  
The Status ◽  
The Subject ◽  
The Relationship

The article investigates the problem of criminal law nature of the concepts of telephone conversations, the secrets of such conversations, as well as deals with certain issues of the concept of telephone conversations conveyed by means of communication, analyzes the relationship between the concept of “conversations” (conversations made by telephone) and “objects” for working with which telecommunications (electroc ommunications) and telecommunication networks are intended. You can distinguish between legal and factual features.Legal features are due to the fact that such conversations are covered by the law of personal non-property rights and are given the status of secrecy.The factual features of telephone conversations are due to the fact that such conversations are the activities of at least two persons involved in the conversation, on the exchange of information between them, have a specific form with a certain meaning, carried out by appropriate means of communication.Under such conditions, telephone conversations, in order to indicate the content of the subject of the crime under Article 163 of the Criminal Code, must meet the following mandatory requirements: 1) reproduce certain activities of a person that lasts for some time and exchanged participate in such a conversation (exchange of information); 2) have a specific objective form (verbal, the form of sounds, signals, messages, the so-called "silent consent", etc., but which are somehow exchanged with a certain meaning, perceiving such a meaning, several participants in the conversation); 3) have a certain meaning (ie, regardless of the chosen form, the conversation must contain specific information that is exchanged by persons involved in it, and who perceive (realize) the meaning of such information); 4) be transmitted by certain means of communication (by telecommunications, telecommunications networks). If the conversation does not meet at least one of these requirements — the subject of the crime (telephone conversation), provided for in Article 163 of the Criminal Code — will obviously be absent. 

Concerning the abuse of power by an official

2020 ◽  
pp. 103-110
Author(s):  
Ihor Oheruk
Keyword(s):  
Criminal Code ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Abuse Of Power ◽  
Government Functions ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Subject ◽  
Criminal Legislation ◽  
Logical Semantic

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.

scholarly journals Punctuation Marks and Signs of Cessation in Qur`an: a comparative study

2020 ◽  
Vol 2 (1) ◽  
pp. 49-59
Author(s):  
Abdur-Rasheed Mahmoud-Mukadam
Keyword(s):  
Comparative Study ◽  
Usual Treatment ◽  
Holy Quran ◽  
The Status ◽  
The Holy Quran ◽  
The Subject ◽  
Contemporary Writers ◽  
The Relationship ◽  
Shed Light

The subject of punctuation in Arabic writing may be one of the topics in which there was a great deal of writing. However, the close look at this paper reveals that there are some new things that the researcher is interested in highlighting in this article. To clarify positions in the Holy Quran. And that some contemporary writers do not take into account the status of these signs and interesting situation in the appropriate places, but they refuse to take into account behind their appearance when writing Arabic became randomly writing, Based on the above, the researcher can shed light on the importance of these punctuation marks and indicate the relationship between them and the signs of the Qur`anic cessation, which does not mean the use of the first place with The existence of the connection and kinship between them; because the writing of Qur`an is descriptive, it could never be treated in the places of cessation and tone as   usual treatment of the normal writing.

Schools and Paideia

2017 ◽  
Author(s):  
Ruth Webb
Keyword(s):  
Second Sophistic ◽  
Common Culture ◽  
Imperial Period ◽  
The Status ◽  
The Subject ◽  
The Creation ◽  
The Relationship

Education (paideia) was central to the development of what is now called the Second Sophistic, but surprisingly little attention was paid to the subject in the contemporary texts. This omission may have been deliberate, a way of implying that the status of pepaideumenos or educated man was acquired through sociability rather than by tuition. This chapter outlines what we know about the teaching of grammar and rhetoric in the schools of the imperial period from witnesses, like Philostratus, Lucian, and Aelius Aristides, and from the surviving manuals. Emphasis is placed on the relationship between this teaching and its methods and the performances and writings of the sophists. Its role in the creation of a common culture shared by its recipients is also discussed.

scholarly journals A Systematic Review: Location-Limited SNSs Research and Psychological Well-Being

2021 ◽  
Vol 23 (1) ◽  
pp. 29-47
Author(s):  
Iffat Ali Aksar ◽  
Mehmoud Danaee ◽  
Amira Firdaus
Keyword(s):  
Systematic Review ◽  
Well Being ◽  
Developed Countries ◽  
Future Directions ◽  
Psychological Well Being ◽  
Doctoral Research ◽  
The Status ◽  
The Usa ◽  
The Subject ◽  
The Relationship

The turn of the 21st century witnessed an unprecedented surge in the use of Social Network Sites (SNSs). The developing world also experienced a similar congruent networking transformation in terms of employment of the emerging SNN tools. Correspondingly, research magnitude on the implication of SNSs use has also grown exponentially with recommendations for conducting studies in less privileged countries. The present systematic review is based on doctoral research aimed to present the status of SNSs studies and psychological well-being in both developing and developed countries. The review analyzed thirty-two location-limited articles–conducted in developed countries like the USA—published from 2005 to 2018 and focused on the relationship between SNSs usage and users’ psychological well-being. Given the limitations of the available literature, the review also recommended suggestions for future directions in investigations and studies on the subject.

scholarly journals Offense of organizing illegal migration: subject of the offense

2021 ◽  
pp. 136-143
Author(s):  
Ion Cojocari ◽  
Keyword(s):  
Criminal Liability ◽  
Criminal Code ◽  
Material Object ◽  
Illegal Migration ◽  
Additional Protocol ◽  
The Status ◽  
The Subject ◽  
Migrants Rights ◽  
The Republic

The fight against trafficking of migrants is a common international concern that ensures the protection of the rights not to be subjected to slavery and conditions similar to slavery. This article deals with the subject of the crime of organizing illegal migration. Particular attention is paid to the status of the migrant, who under certain conditions can be considered the subject of the crime under consideration. In the Republic of Moldova, the trafficking of migrants is protected by the crime of “organizing illegal migration”. Paragraph 4 of Article 3621 of the Criminal Code, exonerates the migrant from criminal liability for the act prejudicial to the organization of illegal migration. However, the issue arises when the migrant is the object of the crime within the meaning of the Protocol against Trafficking of Migrants. The article analyzes the special quality of the subject of the crime and of the beneficiaries of international humanitarian protection. In the author’s opinion, there are many questions that need to be elucidated, such as: who is the subject of the crime? How old is he/she? What is the special subject of the crime, and what are the conditions when the migrant can be prosecuted? In the author’s view, in order to avoid violations of migrants’ rights, the Moldovan legislature must strengthen its position on the protection of migrants’ rights so that the national criminal law (which responsibly ensures the protection of migrants’ rights) complies with the Additional Protocol on Trafficking of Migrants, having as material object the migrant’s body (material object).

Nawiązka orzekana na podstawie art. 46 § 2 Kodeksu karnego w świetle Ustawy z dnia 20 lutego 2015 r. o zmianie ustawy Kodeks karny oraz niektórych innych ustaw. Zagadnienia wybrane

2016 ◽  
Vol 14 (1) ◽  
pp. 47-57
Author(s):  
Bartłomiej Filek
Keyword(s):  
Criminal Code ◽  
Punitive Damage ◽  
Judicial Decision ◽  
The Subject ◽  
The Relationship ◽  
Problematic Aspect ◽  
Compensatory Measure

The issue of the publication is the problematic aspect of compensatory measure of the punitive damage that is predicated pursuant to Art. 46 § 2 of the Criminal Code in the light of the Act of 20 February 2015 amending the Criminal Code Act and some other acts. In the publication the author has analyzed the issue of the scope of meaning of the various conditions necessary to predicate punitive damage pursuant to Art. 46 § 2 of the Criminal Code. Furthermore, the issue of the article is the problematic aspect of how to determine the amount of punitive damage, in particular the aspect of the application of this compensatory measure while judicial decision about the size of penalty set out in Art. 53, Art. 54 § 1 and Art. 55 of the Criminal Code. At the same time the author has analyzed the relationship that occurs between the punitive damage and liability for damages or compensation for suffered harm. Additionally, in publications, apart from the comments de lege lata, de legeferenda proposals were also presented within the scope of the subject of the analyzed problems.

scholarly journals A TRADITIONAL APPROACH TO QIRA’ATS

2020 ◽  
pp. 39-54
Author(s):  
Dževdet Šošić
Keyword(s):  
Traditional Approach ◽  
Linguistic Context ◽  
The Status ◽  
The Subject ◽  
The Relationship

The status of qira'ats in relation to the integral Qur'anic text has been the subject of disagreement among Islamic scholars. Some have identified qira'ats with the Qur'an, some have made a distinction between these two terms, whereas some have seen in them the relationship between a part and the whole. Various views on the emergence and role of qira'ats in the tradition of the reading of the Qur'an have affected different theoretical and practical approaches to this Qur'anic specificity. In this paper we attempted to present the most relevant approaches to the phenomenon of qira'ats, regardless of whether they are related to historical, legal, tafsir or linguistic context; the approaches reflecting the principles of Islamic teaching contained in the Qur'an and Sunnah, and which, as such, present valid guidelines to all those who speak or write about this topic.

scholarly journals RHETORICAL OMISSION IN THE QUR’ANIC EXPRESSION AND ITS APPLICATIONS IN SURAT AL-BAQARAH (OMISSION LETTER AS A MODEL)

2021 ◽  
Vol 03 (06) ◽  
pp. 402-414
Author(s):  
Abdoul Bassiti Toure MOHAMED ◽  
Nashwan Abdo KHALED
Keyword(s):  
Analytical Approach ◽  
Historical Overview ◽  
Modus Operandi ◽  
Effective Manner ◽  
The Status ◽  
The Subject ◽  
Descriptive Approach ◽  
The Difference ◽  
Relationship Of ◽  
The Relationship

Recently, Muslims and non-Muslims have witnessed an interest in studying the Holy Qur’an with contemporary approaches and trends, which requires Muslims, in particular, to participate in studying the Qur’an in an objective and effective manner to highlight the characteristics of the Holy Qur’an and the beauty and meanings that it contains. Hence, this study comes to analyze the rhetorical omissions in similar contexts in the Holy Qur’an and answer questions that may be raised about them. The study begins with a historical overview of the issue of omission in the Noble Qur’an for both the ancients and the contemporaries, with an indication of the status of thisThe topic is in the sciences of the Noble Qur’an, passing through the semantics of rhetorical deletion and its role in understanding the meanings of the Qur’anic expression, down to the uses of that method in different contexts and its inferred results, and applications and examples of omissions in Surat Al-Baqarah to collect all types of remembrance and deletion. Studying the subject of omission in Surat Al-Baqarah is a way to understand its other places in the rest of the Surahs in the Holy Qur’an. This study used the descriptive approach to extrapolate the modus operandi of rhetorical deletion in the Holy Qur’an, the historical approach to trace what was written in rhetorical deletion and the efforts of Al-Qami and contemporaries in it, and the analytical approach to show the relationship of deletion and its role in enriching meanings... Among the most important findings of the study: • Those who trace the positions of rhetorical deletion in the Holy Qur’an clearly realize the effect of rhetorical deletion in enriching the significance and meanings. The deletion often supports proving the meaning of the thing absolutely and as a sentence, or suggests the general significance of the rhetorical deletion method. • The difference of style betweenThe mention and omission are not in vain, but rather come to add a special style or a specific purpose. • It was found through the study that it is necessary to return to books of rhetoric and grammar, and books of language in general, to reveal many of the indications of rhetorical omission generated by deep reflection on the context of similar verses in the wise Quran.

scholarly journals To the Characteristics of Person Occupyting the Highest Position in the Criminal Hierarchy: Criminalistic and Criminal Procedure Aspects

2021 ◽  
pp. 60-68
Author(s):  
Nikolay Lebedev ◽  
Sergey Nider
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Actual State ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
Court Practice

The authors use the analysis of investigation-court practice and doctrinal positions of researchers to raise the issue of determining the subject of the crime under Art. 210.1 of the Criminal Code of the Russian Federation. The authors describe a number of problems regarding the possibility of establishing and proving the guilt of a person who went through the criminal world’s ritual of “coronation” and thus acquired the status of a “thief in law”. The authors also present their own opinion on the fallacy of the lawmakers’ decision that occupying the highest position in the criminal hierarchy is an independent corpus delicti as it does not meet the obligatory criterion of public danger and, consequently, cannot be called a crime. The authors also believe that the abovementioned corpus delicti is, in essence, neither the action nor the inaction, but is an (actual) state, thus it cannot be called a deed and, correspondingly, a crime.

Waiting and its Relation to Status

1980 ◽  
Vol 46 (2) ◽  
pp. 351-354 ◽  
Author(s):  
James Halpern ◽  
Kathryn Isaacs
Keyword(s):  
Waiting Time ◽  
Social Situation ◽  
Lower Status ◽  
The Status ◽  
The Subject ◽  
The Relationship

To examine the relationship between status and waiting behavior a questionnaire was constructed to measure waiting time as a function of the status of the subject, the status of the person for whom the subject waits, and the situation in which the subject waits. It was predicted that lower status subjects ( n = 124 students) would report that they would wait longer than higher status subjects ( n = 124 professors), all subjects would wait longer for a higher status person than a lower status person and that all subjects would wait longer in an “academic” situation than a “social” situation. All three hypotheses were confirmed.

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