«Connection» in the criminal law: issues of understanding and application

The authors in the article touch upon the issue of a uniform understanding of the terminological apparatus, in particular, the sign of conjugation used in the construction of criminal law norms. On the basis of the analysis of the norms of the criminal law, groups of crimes are distinguished in which the legislator uses the investigated feature, depending on its functional purpose. The study pays special attention to the issues of understanding the conjugation in the construction of a single complex crime, where, with its help, the legislator discloses and emphasizes the connection between a socially dangerous act and a mandatory sign of the objective side of a crime. Based on the results of the analysis of law enforcement practice, as well as the doctrine of criminal law, the authors come to the conclusion that the term conjugate is synonymous with the phrase perfect with application. In this connection, it is proposed in the criminal law in the constructions of single complex crimes to replace the use by the legislator of the sign conjugation with the synonymous phrase committed with application.

On the issue of criminal liability for negligent joint infliction of criminal - illegal consequences

The article is devoted to the consideration of problematic issues related to criminal liability for negligent joint infliction of criminal consequences. Issues related to the negligent joint infliction of criminal consequences do not lose their relevance at the current stage of development of Ukrainian criminal law. The article defines the concept of negligent joint infliction of criminal consequences and provides a thorough description of its mandatory features. It is separately stated that correctly determining the basis of criminal liability of persons who jointly caused negligent damage, qualifying their actions and establishing rules for sentencing them is an important task for law enforcement and therefore it requires detailed justification and elaboration of general theoretical issues. legal consequences and the development of features of such a definition. It is proved that negligent joint infliction of criminally illegal consequences is the commission by two or more subjects of a certain criminal offense, illegal, objectively interconnected and mutually conditioned act, which is part of the objective side of a criminal offense that has a negligent form of guilt, and creates a single, common to all subjects socially dangerous result provided by criminal law. It is established that in case of negligent joint infliction of criminally - illegal consequences there is an objective interdependence and interaction of actions (actions or inactions) of such subjects who took part in achievement of those socially dangerous consequences which are provided by the criminal legislation.

THE COMPOSITION OF THE ADMINISTRATIVE OFFENCE AND THE PROBLEMS OF ITS QUALIFICATIONS

The administrative-legal science pays a great attention to the study of administrative offences’ qualification. When analyzing any part of an administrative offence, the issues of qualification always take the lead. This paper focuses on the most controversial and at the same time practically important issues. The composition of an administrative offence is a legal basis for the qualification of an administrative offence in accordance with a specific article of the law establishing administrative responsibility.The structure of an administrative offence is a combination of four elements: the object, the objective side, the subjective side and the subject, the presence of which is necessary and sufficient for the recognition of a socially harmful act as an administrative offence. These elements are called necessary because they must be present in any case when deciding whether to bring to administrative responsibility. In the absence of at least one of these elements, a person cannot be held administratively liable.In this paper, the composition of an administrative offence is considered as the basis for the qualification of administrative offences. In connection with the mentioned above, the problems’ study of administrative offences’ qualification, necessitates the further theoretical study of issues related to its concept, purpose, and implementation.

Objective Signs Act Done with Intent to Prevent Child Being Born Alive or To Cause It to Die After Birth: National and Indian Experiences

The article analyzes the problems of qualification crime, connected with infanticide. the terms, used in formulation of crime under considering, which demands of unambiguous and luminous exposition are defined. this article illustrates the objective side of the crime structure and its facultative signs and their criminal legal significances belong to offence of infanticide , including the theoretical and practical problems of facultative signs of the objective side of the crime structure, which are specified in the criminal code of the republic of uzbekistan. in addition, proposals and recommendations for further improvement of the criminal legislation. also, in this article, the author analyzes offence of infanticide in national, foreign and Indian experiences. This article illustrates that the facultative signs of the objective side of the crime of offence of infanticide are specified in the Criminal Code as extenuating (qualifying) signs at the qualification of criminal offense and Objective signs of this crime consist in the unlawful deprivation life of a newborn child.On the objective side, the crime under article 99 of the criminal code of the Republic of Uzbekistan has a material structure. It can be committed either through action or inaction. A socially dangerous consequence must be in the necessary cause-and-effect relationship with the mother's act. Keywords: infanticide, criminal law, privileged formal element of a definition of crime, facultative signs of the objective side of the crime; the time, socially dangerous act; socially dangerous consequences; causal link

ABOUT THE RATIO OF ELEMENTS OF CRIMES PROVIDED FOR BY ARTICLES 201 AND 285 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Among the controversial issues of law enforcement is the problem of distinguishing between abuse of authority and abuse of official authority. This problem is caused by a significant similarity of the elements of crimes under article 201 and article 285 of the criminal code. In order to correct qualification called socially dangerous encroachments in the article conducted a comparative legal analysis of the major signs of compounds that characterize the object, objective side, subjective side and the subject of abuse. Proposed effects of any kind of abuse of power committed in the field of private services, and in the sphere of public services is considered a significant violation of rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or state, which includes substantial harm. The type of composition by design is formal and material. The object and subject of abuse of authority and abuse of official powers are identified as the main criteria for distinguishing between criminal attacks under the current criminal legislation of Russia.

Effectiveness of Tramadol in Controlling Postanesthetic Shivering

Objectives: The objective of the study was to assess the effectiveness of intravenous tramadol in controlling post anesthetic shivering and to assess which of the dose of drug is safe and effective. Material and Methods: In this study we included 120 patients age >18 years of ASA class I & II who underwent any surgical procedure under spinal/general anesthesia. Patients were divided into 3 groups of equal size of 40 subjects. Group A; in these patients tramadol 0.25 mg/kg I/V was given for shivering management. Group B; in these patients Tramadol 0.5 mg/kg I/V was given and Group C (control group); in these patients normal saline 0.05 ml/kg I/V was given. The adequate control of shivering was the main study objective. Side effects of tramadol at different doses were also observed. Results: At five minutes, Grade 0,1 and 2 shivering were observed in 23 patients in group A and 31 patients in group B while in group C grade 3 and 4 shivering were observed. High grade (3 and 4) shivering were significantly high in group C than group A and B (p-value= 0.005). Similarly, at 10 minutes, grade 3 and 4 shivering were significantly high in group C than group A and B (p-value 0.005). Conclusion: IV 0.25 mg/Kg is an effective option for control of post-anesthesia shivering with minimal side effect profile. So low dose tramadol can be used as a first option for post-anesthesia shivering control. Keywords: Anesthesia, Shivering, Tramadol.

The evolution of the psyche: object-oriented activity and affect

Relevance. The solution of all other problems of scientific psychology depends on the solution of the problem of the nature and evolution of the psyche. In post- Vygotsky activity psychology, the notion of affect was not at the forefront. Objective: To continue the study of the psyche as a form of affective activity begun by Vygotsky. Methodology and methods: The principle of activity and the cultural-historical approach in human psychology. Results of the research: Following Spinoza and Vygotsky, adopting affect as the “alpha and omega” of mental life, the author traces the initial stages of mental evolution in the process of subject activity. Phase analysis of this cyclical process allows us to determine the specificity of mental activity. The psyche is defined as an affect-inducing reflection of activity on its subject. The cellular form of mental activity, affect, is a state of the acting body, due to which the activity potential of the body, i.e. the level of motivation and the assortment of activity schemes, increases or decreases. The simplest affect is desire; in the process of subject activity, desire performs an orientation function and turns into the affects of pleasure or dissatisfaction, the “primary forms of purely mental behavior”, according to Vygotsky. Considered from the objective side, in relation to the object of perception, affect acts as an image of the senses. In relation to the subject of perception, the same affect appears as an emotion. As mental activity develops, its cognitive and emotional, and its subject and reflexive sides become differentiated. With regular repetition, action becomes automatic: the pattern of activity is fixed in the structure of the body, and the affective orienting reaction is replaced by the reflexive one. Affects arise and function at the “creative” pole of divided activity – in situations when a new scheme of activity needs to be developed or a previously acquired one needs to be corrected. They signal a change in the external conditions of activity, triggering a search-oriented reaction. The article provides evidence that conditionally reflex activity is derived from mental activity and gives a critique of the concept of the orienting reflex

About errors in the appointment of forensic medical examination in cases of crimes in the field of artificial human reproduction

It is impossible to establish the circumstances to be proved in the investigation of crimes related to medical errors without the use of special knowledge in the fi eld of forensic medicine. For the designated category of criminal cases, the expert opinion plays a key role in understanding the signs of the objective side of the crime. Unfortunately, in theory and in practice, there is still no uniform understanding of a number of concepts that are important for the development of a legally correct position by the parties to the prosecution and defense. This leads to problems when making procedural decisions by the investigation and the court, provokes public outrage. The article emphasizes that the experts make procedural, epistemological and activity errors in the production of all types of examinations. In relation to forensic medical expertise in cases of crimes in the fi eld of artifi cial human reproduction, some common errors that arise at the stage of formulating questions submitted for the expert’s permission are indicated. This study was carried out with the fi nancial support of the RFBR within the framework of scientifi c project No. 18-29-14084.

Legal Nature and Features a Continuing Crime

The author singles out constituent features of a continuing crime: 1) a continuing crime, although legally completed, is happening continuously until its actual completion; 2) a continuing action has a complex two-element structure: the first element of the objective side of a continuing crime is the action or inaction of the guilty person that legally constitutes a crime, and the second element is the subsequent continuous behavior that «stretches» the objective side of the continuing crime in time; 3) a continuing crime is producing a non-stop destructive effect on the object of criminal law protection, and the long-term deformation of this object happens because of the action itself, not the consequences caused by it; 4) by committing a continuing crime, the person preserves conscious control over the action after its legal completion, regulates his behavior, controls the process of inflicting harm on the object of criminal law protection, which makes it possible to recognize the person as active (non-active) in the criminal law sense; 5) only a crime with a formal construct of corpus delicti can be continuing. The abovementioned features together could act as reliable criteria for determining the chronological boundaries of specific criminal actions, as a key to resolving theoretical disputes and law enforcement problems connected with classifying a certain action as continuing. The article stresses that the permanent character of a continuing crime cannot be explained through the prism of the theory of a continuing criminal condition. Such an interpretation of a continuing crime, common in Russian and foreign research, contradicts the established tenets of the classical theory of crime. Only an act in the form of action or inaction can be recognized as a continuing crime, but not a state, situation, or status. Based on this, the author gives a critical assessment of Art. 210.1 of the Criminal Code of the Russian Federation that provides for the liability for holding the highest position in a criminal hierarchy. The objective side of a continuing crime has the following manifestations: 1) continuing criminal inaction; 2) a crime legally completed by an action, and continuing through inaction; 3) continuing action. Based on this, the author states that the description of a continuing crime contained in the Decree of the Plenary Session of the Supreme Court of the USSR of March 4, 1929 No. 23 (edition of the Decree of the Plenary Session of March 14, 1963, No. 1) should be specified.

Problem aspects of qualification of mother’s murder to his newborn child

The article provides a criminal description of a privileged type of murder is the premeditated murder by the mother of her newborn child. The aim is to solve the problems of law enforcement for the correct qualification that exist in modern criminal law. The study focused on the main problematic aspects that are inherent in article 117 of the Criminal Code. Considerable attention is paid to the establishment of subjective and objective features that are inherent in this criminal offense. An inspection of the object of the crime under article 117 of the Criminal Code, which is only a person who has a special relationship with the child. The article lists the subjects who may have this connection. Problematic issues related to the time of the murder of the mother of her newborn child as an important element of the objective side were analyzed. The main problem was to clarify the time of the murder during child-birth and after. To achieve this goal was studied not only legal norms but also medical practice. The article analyzes the opinions of various scholars who have considered the period of time required to commit this criminal offense. Also in the article we paid attention to another point of discussion about an essential element of the subjective side, such as the presence of a special psychophysical state of the mother. To determine it, an analysis of the relevant rules was carried out and case law was considered. Taking into account the experience of foreign countries, we evaluated other experience and compared it with Ukrainian legislation. In addition, attention is paid to the question of the subject’s intent and the moment associated with its occurrence. In order to accurately understand the content of the crime provided for in article 117 of the Criminal Code, it was separated from the crime provided for in Part 3 of article 135 of the Criminal Code. A mother’s endangerment of a newborn child if it has caused death or other serious consequences is very similar to the murder of the mother of her newborn child, but they are different. At the end of the article there is an own opinion on possible changes in the legislation and a more detailed clarification of all necessary aspects for further correct classification of the crime.