About the Relationship Between the Crimes Under Articles 194 and 346 of the Bulgarian Criminal Code (Some Conclusions)

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Petar Petrov
Keyword(s):  
Criminal Code ◽  
Motor Vehicles ◽  
The Subject ◽  
The Relationship

The article deals with the problems that often arise when applying Art. 194, Para. 1, as well as Art. 346, Para. 1 of the Bulgarian Criminal Code. Particular attention is paid to the subject of Art. 346, Para. 1. In this regard, a proposal has been made for a new wording of the criminal seizure of motor vehicles with the intention of use. With reference to the theft, an attempt has been made to reassess the significance of the appropriative intent in its composition.

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 Differentiation of criminal liability depending on the signs of the subject of the composition of a transport crime

2021 ◽  
Vol 17 (2) ◽  
pp. 15-22
Author(s):  
Valeriy F. Lapshin
Keyword(s):  
Content Analysis ◽  
Russian Federation ◽  
Criminal Liability ◽  
Criminal Code ◽  
Motor Vehicles ◽  
Direct Control ◽  
The Supreme Court ◽  
The Subject ◽  
The Russian Federation ◽  
Structural Methods

Subject of research: signs of the subject of the offenses under Art. 264 and 2641 of the Criminal Code of Russia (hereinafter the Criminal Code). Purpose of the study: formulation of proposals on the content of the category "subject of traffic crimes", depending on which a qualitative differentiation of responsibility for crimes involving the use of motor vehicles is ensured. List of methods and objects of research. To obtain the results of the research, the methods of cognition used in the humanities (legal) sciences were used. The method of content analysis was used in the study of the content of Art. 264, 2641, 109 and 118 of the Criminal Code, as well as Resolutions of the Plenum of the Supreme Court of the Russian Federation of December 9, 2008 No. 25. The dialectical method was used in the study of opinions on the qualification of some transport crimes. Logical and systemic-structural methods were applied in the study of the typical degree of social danger of the criminal's personality. Conclusions based on the results of the study: 1) the subject of the offenses under Art. 264 and 2641 CC is special. It is determined on the basis of the existence of an official right to drive a vehicle and the corresponding obligation to comply with the relevant safety rules; 2) the instructor possesses the characteristics of a subject of corpus delicti of transport crimes in cases when he had a real opportunity to drive a training vehicle and (or) exercised direct control of it together with the student.

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. 

scholarly journals Features of the qualification of the act related to the risk as a circumstance that excludes the criminal illegality of the act in the medical field

2021 ◽  
Vol 1 (1) ◽  
pp. 221-228
Author(s):  
Anton Baida ◽  
Mariya Pylypenko ◽  
Viktoriya Makitrenko
Keyword(s):  
Law Enforcement ◽  
Risk Taking ◽  
Criminal Code ◽  
Life Situation ◽  
Medical Field ◽  
Law Enforcement Agencies ◽  
Common Features ◽  
The Subject ◽  
The Relationship ◽  
Single Approach

The authors explored the concept of "risk", the peculiarities of its interpretation. It has been determined that risk-taking is not new to the science of criminal law, but there is still no single approach to interpreting the above term. A special article of the Criminal Code of Ukraine, which regulates this issue, contains only the general characteristics of such an act, and the features and criteria for its application are left to the discretion of law enforcement agencies. Given the particular circumstances of each case, they must conclude as to whether the actions of the person contained an urgent need to act risky, whether it was possible to achieve the same goal in a less risky or non-risky way was impossible. The authors also emphasize that in order for an act to be qualified as being committed in conditions of justified risk, it is necessary that a specific life situation testifies to it, and the person acts only to achieve a socially useful goal. It should be noted that in such a situation, the goal set by the subject could not be achieved in any other way, avoiding the risk, and the actions of the person must be commensurate with the danger in which the interests protected by law. In addition, the authors consider the relationship between the concepts of "extreme necessity" and "action associated with risk", highlight their common features and analyze the differences. Thus, in case of extreme necessity, a person does not have the opportunity to choose another behavior other than one that harms law enforcement interests. Failure to perform a risk act will not necessarily cause harm at all. In addition, the risk can be considered justified if there is an opportunity rather than an obligation to achieve a socially useful goal.

The relationship of the scleractinian corals to the rugose corals

Paleobiology ◽  
1980 ◽  
Vol 6 (02) ◽  
pp. 146-160 ◽  
Author(s):  
William A. Oliver
Keyword(s):  
Critical Points ◽  
Scleractinian Corals ◽  
Convincing Evidence ◽  
Early Triassic ◽  
Rugose Corals ◽  
History Of ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship ◽  
Biologic Factors

The Mesozoic-Cenozoic coral Order Scleractinia has been suggested to have originated or evolved (1) by direct descent from the Paleozoic Order Rugosa or (2) by the development of a skeleton in members of one of the anemone groups that probably have existed throughout Phanerozoic time. In spite of much work on the subject, advocates of the direct descent hypothesis have failed to find convincing evidence of this relationship. Critical points are:(1) Rugosan septal insertion is serial; Scleractinian insertion is cyclic; no intermediate stages have been demonstrated. Apparent intermediates are Scleractinia having bilateral cyclic insertion or teratological Rugosa.(2) There is convincing evidence that the skeletons of many Rugosa were calcitic and none are known to be or to have been aragonitic. In contrast, the skeletons of all living Scleractinia are aragonitic and there is evidence that fossil Scleractinia were aragonitic also. The mineralogic difference is almost certainly due to intrinsic biologic factors.(3) No early Triassic corals of either group are known. This fact is not compelling (by itself) but is important in connection with points 1 and 2, because, given direct descent, both changes took place during this only stage in the history of the two groups in which there are no known corals.

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.

HUBUNGAN GAYA BELAJAR SISWA TERHADAP ASPEK PENGETAHUAN SISWA PADA MATA PELAJARAN SISTEM KOMPUTER DI SMK IT RAHMATAN KARIMAH BENGKULU TENGAH

2020 ◽  
Vol 1 (01) ◽  
pp. 13-20
Author(s):  
Dian Saputra
Keyword(s):  
Learning Styles ◽  
Computer System ◽  
Learning Style ◽  
Descriptive Analysis ◽  
Visual Learning ◽  
Auditory Learning ◽  
Analysis Techniques ◽  
Post Test ◽  
The Subject ◽  
The Relationship

This study aims to find out the relationship between learning style and students’ knowledge aspect on Computer System Subject at SMK IT Rahmatan Karimah of  Central Bengkulu, the type of research is quantitative and the subject of research is grade X in SMK IT Rahmatan Karimah of  Central Bengkulu. Data collection techniques using observation, Questionnaire and documentation. Data analysis techniques used were Descriptive Analysis, and inferential Statistical Analysis. The results of visual learning style post-test were 11 people with a mean of 76.36, an auditory learning style of 8 people at a mean of 62.14, a kinesthetic learning style of 3 people at a mean of 50.33, apart from that (r x y = 2.35) and the magnitude of r is reflected in the table (r table = 0.4132). Then rxy > r table ie = 2.35> 0.4132. In other words, Ho is rejected and Ha is accepted. It has a significant relationship between the learning styles of students and students’ knowledge aspect on Computer System Subject of grade X TKJ in SMK IT Rahmatan Karimah of  Central Bengkulu

The Miracles and Cult of St Margaret of Scotland

2018 ◽  
Vol 97 (1) ◽  
pp. 1-11 ◽  
Author(s):  
SangDong Lee
Keyword(s):  
Historical Research ◽  
The Subject ◽  
The Relationship

Queen Margaret (1070–93) has been the subject of much historical research. Previous studies of the queen and later saint have been undertaken from several different perspectives, including the biographical, institutional and hagiographical. In addition, some scholars have focused on her piety and later cult. Although a saint's miracles were one of the significant elements affecting the development of a cult, far less interest has been shown in the geopolitical importance of the miracles attributed to St Margaret and the relationship between the miracles and the saint's cult. The intention of this paper is to examine the miracles attributed to St Margaret and to identify their characteristics within the context of their contribution to, and influence in, the development of her cult.

The Priority of Democracy

2011 ◽  
Author(s):  
Jack Knight ◽  
James Johnson
Keyword(s):  
Decision Making ◽  
Monetary Policy ◽  
Political Institutions ◽  
Federal Reserve ◽  
Democratic Politics ◽  
Institutional Choice ◽  
Democratic Process ◽  
Strong Case ◽  
The Subject ◽  
The Relationship

Pragmatism and its consequences are central issues in American politics today, yet scholars rarely examine in detail the relationship between pragmatism and politics. This book systematically explores the subject and makes a strong case for adopting a pragmatist approach to democratic politics—and for giving priority to democracy in the process of selecting and reforming political institutions. What is the primary value of democracy? When should we make decisions democratically and when should we rely on markets? And when should we accept the decisions of unelected officials, such as judges or bureaucrats? This book explores how a commitment to pragmatism should affect our answers to such important questions. It concludes that democracy is a good way of determining how these kinds of decisions should be made—even if what the democratic process determines is that not all decisions should be made democratically. So, for example, the democratically elected U.S. Congress may legitimately remove monetary policy from democratic decision-making by putting it under the control of the Federal Reserve. This book argues that pragmatism offers an original and compelling justification of democracy in terms of the unique contributions democratic institutions can make to processes of institutional choice. This focus highlights the important role that democracy plays, not in achieving consensus or commonality, but rather in addressing conflicts. Indeed, the book suggest that democratic politics is perhaps best seen less as a way of reaching consensus or agreement than as a way of structuring the terms of persistent disagreement.

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