scholarly journals Abuse of law as a prerequisite for the criminalization of a socially dangerous act

2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 451-458
Author(s):  
Olga Sergeevna Guzeeva
Keyword(s):  
State Institutions ◽  
Illegal Behavior ◽  
Established Procedure ◽  
General Rules ◽  
Subjective Rights ◽  
Abuse Of Law

Within components of a crime, the abuse of law can be presented as a method or content of illegal behavior. The assessment of these circumstances in law lacks consistency, which necessitates their analysis in the context of general rules of criminalization. To optimize criminal and legal means of preventing the abuse of law, it is necessary: 1) to oppose general rules on the abuse of law in communication between private entities to general rules on responsibility for the abuse of law in interaction with state institutions; 2) to limit general rules on liability for the abuse of law to the violation of the established procedure for realizing subjective rights inherent in a person; 3) to assess such violations according to the rules applicable to the totality of the crimes committed if the consequences of the abuse of law exceed the danger of the abuse itself.

scholarly journals Abuse of law: concept and legal consequences

2020 ◽  
Author(s):  
Е.С. Муравьева ◽  
А.В. Попова
Keyword(s):  
Law Enforcement ◽  
Regulation Mechanism ◽  
Family Labor ◽  
Civil Regulation ◽  
Legitimate Interests ◽  
The Subject ◽  
Subjective Rights ◽  
Abuse Of Law ◽  
Legal Consequences ◽  
Law Making

На сегодняшний день злоупотребление правом можно заметить во всех сферах правовой деятельности (конституционное, семейное, трудовое, гражданское правo и т.д.) и находит свое проявление на всех стадиях механизма гражданско-правового регулирования (в правотворчестве, правоприменении и правоохранительной деятельности), где поведение субъекта связано с реализацией субъективных прав и законных интересов. При злоупотреблении правом следует понимать те случаи, когда человек, наделенный субъективным правом, при его осуществлении или при запросе о его защите совершает действия, направленные не на реализацию или защиту, а на поиск цели причинить вред другому лицу или нарушить другие законные интересы. В данной статье анализируется понятие “злоупотребление правом”, а также проведен ретроспективный и сравнительный анализ по злоупотрелению правом. Today, abuse of right is considered in all areas of legal activity without exception (constitutional, family, labor, civil law, etc.) and finds its manifestation at all stages of the civil regulation mechanism (in law-making and law enforcement), where the behavior of the subject is associated with the implementation of subjective rights and legitimate interests. When abusing the rights, one should understand those cases when a person endowed with a subjective right, when exercising it or when requesting his protection, performs actions aimed not at realization or protection, but at finding a goal to harm another person or violate other legitimate interests. This article analyzes the concept of “abuse of rights”, and also provides a retrospective and comparative analysis of abuse of rights.

Laws, Organizations, Programs, and Practices

2020 ◽  
pp. 55-58
Author(s):  
Alasdair Roberts
Keyword(s):  
The State ◽  
State Institutions ◽  
Important Type ◽  
Basic Law ◽  
General Rules ◽  
Informal Practices ◽  
Definition Of ◽  
Type Of Institution ◽  
Modern Era

This chapter assesses state institutions. Much scholarly effort has been invested in the definition of institution; some definitions are quite abstract. There is nothing wrong with such definitions, but as one scholar has observed, they might be “a little too general to be terribly helpful.” Four particular kinds of institutions are of interest when one discusses the architecture of the state. The first are laws. These are general rules of conduct that dictate how people and organizations inside and outside of the state should behave. One variant is constitutional or basic law, which provides the framework for the operation of the state. Another variant is statute law, which typically consists of rules generated by legislative assemblies. A third variant is subordinate legislation, which usually consists of regulations or rules made by executives and bureaucrats under authority granted by statutes. Organizations make up the second form of institution that is critical to the architecture of modern states. Organizations are responsible for implementing programs, a third important type of institution in the modern era. Lastly, there are informal practices that are so firmly established that they can be counted as institutions, even though these practices may not be recognized in law and may even be inconsistent with law.

scholarly journals Legal Consequences of the Abuse of Rights

2019 ◽  
Vol 3 (1) ◽  
pp. 87-92
Author(s):  
Вадим Овинников ◽  
Vadim Ovinnikov
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Third Party ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
Bona Fide ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

The paper features the sanctions for abuse of the right to an unconscientious person (violator). The ongoing reforms of civil law in the Russian Federation allowed legislators to expand the list of sanctions that can be applied for the abuse of rights. The author introduces a classification of violators that can be punished for the abuse of the right can be applied. The current judicial practice shows that it both victim and mala fide party may assume the roles of plaintiff, defendant, and a third party in court, depending on how they use and exercise their subjective rights within the framework of civil rights. The rules of law governing the refusal to protect the right against a violator may not be applied by the court spontaneously. The author found some hidden forms of behavior of the plaintiff or defendant parties, the purpose of which is to harm the other party, to refuse to satisfy the claim of the bona fide party, i.e. illegal behavior of the defendant, or satisfaction of the claim of the unconscientious party, i.e. illegal behavior of the plaintiff. The civil-law approach to the study of actual problems of abuse of right makes it possible to clarify the essence of this legal phenomenon in the modern civil law.

Psychologists urged to challenge state institutions

1972 ◽  
Author(s):  
Gottlieb Simon ◽  
Alfred Wellner
Keyword(s):  
State Institutions

Introduction of a quality management system compliant with DIN EN ISO 9001:2000 into a university department of nuclear medicine

2001 ◽  
Vol 40 (06) ◽  
pp. 228-238 ◽  
Author(s):  
U. Paschen ◽  
S. Kröger ◽  
K. H. Bohuslavizki ◽  
M. Clausen ◽  
V. Jansen-Schmidt
Keyword(s):  
Nuclear Medicine ◽  
Quality Management System ◽  
Iso 9001 ◽  
Total Quality ◽  
System A ◽  
General Rules ◽  
Therapeutic Procedures ◽  
University Department ◽  
Referring Physicians ◽  
The University

SummaryIn 1995, the management of the University Clinic Hamburg-Eppendorf proposed to establish a total quality assurance (QA) system. A revised QA-system has been introduced stepwise in the department of nuclear medicine since 1997, and certification was achieved in accordance with DIN EN ISO 9001:2000 on February 14,2001.The QA-handbook is devided into two parts. The first part contains operational (diagnostic and therapeutic) procedures in so-called standard operating procedures (SOP). They describe the indication of procedures as well as the competences and time necessary in a standardized manner. Up to now, more than 70 SOPs have been written as a collaborative approach between technicians and physicians during daily clinical routine after analysing and discussing the procedures. Thus, the results were more clearly defined processes and more satisfied employees.The second part consists of general rules and directions concerning the security of work and equipment as well as radialion protection tasks, hygiene etc. as it is required by the law. This part was written predominantly by the management of the department of nuclear-medicine and the QA-coordinator. Detailed information for the patients, documentation of the work-flows as well as the medical report was adapted to the QM-system. Although in the introduction phase of a QA-system a vast amount of time is necessary, some months later a surplus for the clinical workday will become available. The well defined relations of competences and procedures will result in a gain of time, a reduction of costs and a help to ensure the legal demands. Last but not least, the QA-system simply helps to build up confidence and acceptance both by the patients and the referring physicians.

ADMINISTRATION MODELS IN THE SYSTEM OF FORENSIC EXAMINATION INSTITUTIONS FROM THE POSITION OF SCIENTIFIC MANAGEMENT

2016 ◽  
Vol 16 ◽  
pp. 179-184
Author(s):  
S. V. Kudryashova
Keyword(s):  
Scientific Management ◽  
Competing Values ◽  
State Institutions ◽  
Advantages And Disadvantages ◽  
Forensic Examination ◽  
Forensic Institutions ◽  
The Individual

The individual forensic activity in comparison with the activity of forensic experts of specialized state institutions is considered, the main advantages and disadvantages are determined. The directions of development of specialized state and non-state forensic institutions are presented in accordance with R. Quinn's competing values model.

Eurasian Economic Union: A sober look

2016 ◽  
pp. 43-60 ◽  
Author(s):  
E. Vinokurov
Keyword(s):  
The State ◽  
Customs Union ◽  
Macroeconomic Policies ◽  
Member States ◽  
Goods And Services ◽  
Eurasian Economic Union ◽  
Ongoing Work ◽  
General Rules ◽  
Economic Union ◽  
Trade And Investment

The paper appraises current progress in establishing the Customs Union and the Eurasian Economic Union (EAEU). Although the progress has slowed down after the initial rapid advancement, the Union is better viewed not as an exception from the general rules of regional economic integration but rather as one of the functioning customs unions with its successes and stumbling blocs. The paper reviews the state of Eurasian institutions, the establishment of the single market of goods and services, the situation with mutual trade and investment flows among the member states, the ongoing work on the liquidation/unification of non-tariff barriers, the problems of the efficient coordination of macroeconomic policies, progress towards establishing an EAEU network of free trade areas with partners around the world, the state of the common labor market, and the dynamics of public opinion on Eurasian integration in the five member states.

JUDICIARY AND JUDICIARY OF UKRAINE IN THE CONTEXT OF THE NATIONAL MENTALITY

2019 ◽  
pp. 88-97
Author(s):  
Oleksandr Byrkovych
Keyword(s):  
Scientific Knowledge ◽  
Practical Importance ◽  
Constitutional Court ◽  
State Institutions ◽  
Radical Reform ◽  
Legal Studies ◽  
National Tradition ◽  
Scientific Institutions ◽  
Legal Foundations ◽  
Constitutional Right

Purpose. The purpose of the article is to identify the fundamental values of the Ukrainian people, on the basis of which not only his mentality, but also all national-state institutions, including institutions of justice and justice, as well as to identify trends of influence of these values on the further development of legal foundations of the judiciary and justice of Ukraine. Method. The methodological basis of the study was the combination of principles and methods of scientific knowledge. For the objectivity of the research, a set of general scientific, special-legal, special-historical and philosophical methods of scientific knowledge was used. Results. At the current stage of reforming the institutions of the judiciary and the judiciary, the notion of fair justice, which is formed on the basis of popular national culture, plays an important role. Given the functioning of the modern Constitutional Court of Ukraine, whose representatives are formed by delegation to the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine and the judiciary, this institution needs radical reform as it has repeatedly made political rather than constitutional decisions. Scientific novelty. Based on the analysis of the national tradition of justice, it is established that the Constitutional Court should be formed by public organizations, which are formed by legal experts. There are several higher scientific institutions in Ukraine which have departments, constitutional law research institutes. Their representatives should delegate the best experts in the constitutional right to competitive selection to fill vacancies in the constitutional court. Practical importance. The results of the study can be used in further historical and legal studies, preparation of special courses.

The Lamp, Qasim Amin, Jewish Women and Baghdadi Men: A Reading in the Jewish Iraqi Journal al-Misbah

2018 ◽  
Author(s):  
Orit Bashkin
Keyword(s):  
Jewish Identity ◽  
Democratic Citizenship ◽  
Jewish Women ◽  
Apparent Contradiction ◽  
British Mandate ◽  
Arab Nationalism ◽  
State Institutions

This chapter provides a detailed reading of al-Misbah, a Jewish Iraqi publication which appeared in Baghdad between the years 1924 and 1929 and has been characterised both as a Zionist mouthpiece and a testimony to the success of Arab nationalism. In addressing this apparent contradiction, the chapter examines the issues which dominated its pages in order to highlight the identity of the paper and to enrich our understanding of the Iraqi press under the British Mandate. The chapter addresses two discursive circles – the Iraqi and the Jewish – and proposes that al-Misbah conveyed an unmistakable Iraqi and Arab identity. Despite the editor’s Zionist inclinations, the conversations between readers and writers acquired a life of their own and the paper, in fact, promoted a new Arab Jewish identity and illustrated how Jews sought to use state institutions as venues for the cultivation of non-sectarian and democratic citizenship.

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