Общественная опасность преступления: институциональная природа явления
The article provides a comparative legal of the nature of social danger with other criminal law and civil phenomena. It proves that social danger is correlated with law and pertains exclusively to criminal law. The author suggests that harm should be distinguished from social danger which has institutional rather than predicate importance from criminal law.
The article considers the features of the presumption of knowledge of criminal law rules as a condition of guilt and responsibility for crimes in the sphere of economic activity. It argues conclusions on the ways to improve the organization of legal education of population, as well as the system of legal training of the staff engaged in economic structures and in respect of their penal control officers of the relevant legal institutions. It also justifies the relationship between the strengthen of the presumption of knowledge of criminal law in relation to these crimes with an increase in the effectiveness of criminal justice in the relevant field, and hence the efficiency of the economic activity.
Presumption of knowledge of law, crime, economic activity, legal education of population, legal training, criminal justice supervision, crimes in the sphere of economic activity, the order of publish of laws and their promulgation, commentary, Explanation, legal public education, legal studies, Legal institutions
The book is devoted to problems of legislative, theoretical and judicial defining of subject of economic crimes in Russian and German criminal law in connection with legal persons. The authors analyze the current theoretical conceptions and case law and formulate proposals for improvement of present approaches. The special attention is given to liability of competitive manager for crimes committed in course of bankruptcy.
The article analyzes the artificial and protected by the law component of the national wealth including social infrastructure, industrial, intellectual and ideological potential, as well as the mass of goods and personal property of the citizens. It pays the main attention to the issues of criminal law protection of social infrastructure, including the constitutional order, political and economic systems, health and education. It also provides us with the proposals on the improvement of the criminal law and their application.
The chapter is devoted to basic priniples of the Rssian criminal law. It is specifically mentioned the history of the principles and its current reflection in the Russian Criminal Code of 1996. The author discusses the structure of crime and the punishments inflicted upon its commission.
The article is dedicated of problems of criminal law regulation of securities market.The concept of criminal law mechanism its protection is offered.
The paper shows that the effectiveness of fighting crime could be considerably increased through supplementing the traditional law enforcement activities as exercised by the special authorities (internal affairs departments, prosecutor's offices, etc.) with the activities of state power bodies with general jurisdiction that would be specifically aimed at protecting legal order against crimes with the assistance of different civil society institutions and the community.
The book consits of the articles on the history, theory and philosophy of comparative law in Ukrainian and Russian.
We address the external effects on public sector efficiency measures acquired using Data Envelopment Analysis. We use the health care system in Russian regions in 2011 to evaluate modern approaches to accounting for external effects. We propose a promising method of correcting DEA efficiency measures. Despite the multiple advantages DEA offers, the usage of this approach carries with it a number of methodological difficulties. Accounting for multiple factors of efficiency calls for more complex methods, among which the most promising are DMU clustering and calculating local production possibility frontiers. Using regression models for estimate correction requires further study due to possible systematic errors during estimation. A mixture of data correction and DMU clustering together with multi-stage DEA seems most promising at the moment. Analyzing several stages of transforming society’s resources into social welfare will allow for picking out the weak points in a state agency’s work.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/