Bestimmung des Sondersubjekts bei Wirtschaftsstraftaten im russischen und deutschen Recht = Определение субъекта преступных деяний в российском и немецком экономическом уголовном праве
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 represents the materials devoted to the issue of ability development in comprehensive school. The results of subject qualities investigation as determinants of students’ effective intellectual development in educational process are referred to in the article. The author propose the approach to interpretation of such psychological categories as ‘subject’ and ‘subject’s qualities’ (subjectness). In the theoretical propositions review the approaches to subjectness particular model development that identify efficacy of various activities are described. The model of subjectness revealed at the students’ abilities development and results of its (model) experimental examination are discussed in the present article. The work might be interesting both in theoretical and in a particular applied aspects. Its results are of high actuality for the pedagogical systems oriented to the most effective students’ development.
1. Description of the problem. Instrumental analysis makes it possible to find the arguments of adjudication on the bounders and structure of corpus delicti, its correlation to criminal and filling-up legislation. 2. Initial theses. Corpus delicti is regarded as that expressed in criminal law doctrine result of reorganization of orders of criminal law into other practically necessary form. That happens in the process of theory and practical experience accumulation. The construction of corpus delicti is transformed for practical needs, textually expressed system of features, regulated by criminal law and characterizing deeds as a crime of a definite type. Correlation of construction of corpus delicti with law and doctrine. Corpus delicti, its algorithm. Transition from law regulations to corpus delicti can be done: 1) prog-nostically; 2) within constant analysis of law; 3) in the process of law application. 3. Stages of instrumental building of corpus delicti: prognostic, doctrinal, law applicatory. Instrumental approach to corpus delicti includes within each stage: 1) based on criminal law decision of classification of corpus delicti and its borders; 2) objective description of a factual model; 3) acception of meaning correlated with legal notions and constructions; 4) choice of the construction of the corpus delicti and disposal of characteristics; 5) verification of legitimacy, necessity and adequacy of foundation. 4. Instrumental analysis of disputable questions of understanding and application of constructions of corpus delicti. A. Functions and purposes of application of construction of corpus delicti. Functions of corpus delicti: a) modeling; b) communicative; c) identificatory; d) technological. B. Contents of corpus delicti. Contents of corpus delicti as it is traditionally regarded does not correspond to indications of crime, does not characterize features of social danger; sign of danger of penalty also does go into corpus delicti. Two variants are proposed for the discussion: widening of the borders of corpus delicti by means of introduction of signs of social danger and signs, defining individualization of penalty and to limitate corpus delicti by characteristic of criminally punished act, separating it from contents of guilt and contents of social danger. C. Structure of corpus delicti. There are two problems: division of elements of crime seems to be extremely harsh and inadequate - it is expedient to include signs of special and time limits of act, causal links, crossing signs of objective and subjective sides, first of all consequences and an object of crime, into the structure of corpus delicti. Forms of committing a criminally punished act is a crime commitment in complicity, ideal system, not finished crime.
The object of study in this article is the socialization of the Freudian subject (individual) in the philosophical theories of French poststructuralists. The paper focuses primarily on the postfreudianism of Jacques Lacan, the desexualization of libido in his theory of symbolic, and the desidentification of I in the schizoanalysis created by Gilles Deleuze.
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.
It analyses polysemantic terms the subject, the personality, the selfhood and which form sincrets for example subjectivity of selfhood and etc. It reconstructs interpretation of these terms by G.G. Shpet, S.L. Rubinshtein, B.M. Teplov, A.N. Leontiev, etc. It affirms that the main theme of psychological investigation is the personality. On the ontological plane we have two ways of personality: down - to the subject - to a function or to collection of functions, to subject; and up - to the selfhood - to an ideal, to the limit of self-construction, to spirituality and freedom.