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1
Chuklina, Elena. "Criminal law principles with double prevention: a concept and a preventive action mechanism." Полицейская и следственная деятельность, no. 3 (March 2020): 61–75. http://dx.doi.org/10.25136/2409-7810.2020.3.34053.
Повний текст джерелаАнотація:
The research subject is the scope of criminal law principles with double prevention which prevent not only the acts directly prohibited by law, but also other, usually much gravier crimes. The author considers the existing approaches to the definition of the term and the legal essence of principles with double provision. It is noted that the conventional definition is not universal and doesn’t reflect the essence and the mechanism of the preventive action of the principles. In its turn, the insufficient knowledge of the mechanism of preventive action of the principles with double prevention hampers their differentiation and systematization. Using the method of systems analysis and structural-functional analysis as a basis, as well as the dialectical, logical and formal legal methods as additional methods, the author arrives at the conclusion about the existence of two types of legal principles with double prevention which differ in the specificity of the mechanism of preventive action. The first type of principles with double prevention is aimed at preventing criminal deformation of a person at the early stages, while the second one - on the neutralization of criminogenic situations. The author formulates the definition of principles with double prevention which reflects the specificity of the mechanism of preventive action, and systematizes them in order to analyze the practical implementation of principles with double prevention.
2
Ashworth, Andrew, and Lucia Zedner. "Prevention and Criminalization." New Criminal Law Review 15, no. 4 (2012): 542–71. http://dx.doi.org/10.1525/nclr.2012.15.4.542.
Повний текст джерелаАнотація:
Prevention is an important facet of criminalization, but one that must be subject to principled constraint if it is not to result in overextension of the criminal law. This article surveys the scope and forms of prevention within criminal law, analyzes its justifications and limits, and considers whether and when prevention might better be pursued through civil or regulatory procedures. In so doing, it seeks to clarify the place of prevention within criminal law and to develop restraining principles for criminalization whose purpose is predominantly preventive.
3
Tulich, Tamara. "Prevention and Pre-emption in Australia’s Domestic Anti-terrorism Legislation." International Journal for Crime, Justice and Social Democracy 1, no. 1 (November 5, 2012): 52–64. http://dx.doi.org/10.5204/ijcjsd.v1i1.68.
Повний текст джерелаАнотація:
The move towards prevention in domestic anti-terror law and policy was initially justified as an exceptional response to the exceptional threat of transnational terrorism following September 11, 2001. However, commonalities are discernable between prevention in anti-terror law and prevention as employed in other areas of Australian law. To begin contextualising and analysing preventive practices in Australia, a framework is required. ‘The preventive state’ provides one way to view the collection of preventive measures employed in Australia. Engaging a governmentality perspective has the potential to make visible prevention and pre-emption in law and governance, and to inform critical treatment of the preventive state itself. Whether and how prevention and pre-emption in anti-terror law differ from and exhibit continuities with other preventive measures has the potential to expose issues of selectivity and proportionality between preventive measures and force consideration of the limits of state action to prevent or pre-empt harm.
4
Bussmann, Kai D., Anja Niemeczek, and Marcel Vockrodt. "Company culture and prevention of corruption in Germany, China and Russia." European Journal of Criminology 15, no. 3 (October 10, 2017): 255–77. http://dx.doi.org/10.1177/1477370817731058.
Повний текст джерелаАнотація:
A Web-based survey of 15 German companies with an international profile studied the main factors effectively preventing corruption. Results showed that the most important preventive factors were a company culture that promotes integrity, along with strong knowledge of norms and a high level of acceptance of the company anti-corruption programme. Using the example of Russia and China, the survey also studied how far German parent companies succeed in exporting their company cultures and prevention measures to foreign branches. Results showed that hierarchic-elitist cultures increase the susceptibility to corruption and impede the preventive effect of single anti-corruption measures.
5
Polikarpova, Irina Vladimirovna, and Olesya Viktorovna Zaitseva. "Law enforcement activities of subjects of crime prevention." Вопросы безопасности, no. 3 (March 2022): 19–27. http://dx.doi.org/10.25136/2409-7543.2022.3.37368.
Повний текст джерелаАнотація:
The article is devoted to theoretical and applied research of law enforcement activities of subjects of crime prevention. The subject of scientific knowledge are the norms of criminological legislation and subordinate normative legal acts; the practice of implementing these norms by relevant subjects, as well as scientific approaches to theoretical understanding of law enforcement, factors and indicators that allow improving efficiency in the field under consideration. The aim of the work is a comprehensive empirical study of the effectiveness of law enforcement in the field of preventive criminological activity and the development of a specific mechanism for its optimization. The methodological basis of the study was made up of general scientific methods of cognition (logical, system-structural, generalization, analysis, synthesis) and a number of private scientific methods, namely statistical, sociological, nomotetic, based on the author's methodology for calculating qualitative and quantitative indicators of the state of crime and law enforcement activities implemented in the field of crime prevention. The novelty of the work lies in the fact that on the basis of the conducted research, new empirical data were obtained regarding the effectiveness of law enforcement activities of prevention subjects. The results obtained made it possible to identify the reasons for the low productivity of this activity, which should include not only certain contradictions and shortcomings of preventive legislation, but also existing defects in legal implementation techniques, distortions towards formal law enforcement and repressive practices. The main forms and methods of work of subjects of criminological prevention, the level of interaction between various bodies and subjects of crime prevention are analyzed, which made it possible to identify gaps and shortcomings of legal regulation of this activity and to form the main directions for its improvement. The scope of application of the results obtained is the practical activity of the subjects of crime prevention, as well as the conclusions and suggestions obtained can be useful for further improvement of the norms of preventive legislation.
6
Polikarpova, Irina Vladimirovna, and Olesya Viktorovna Zaitseva. "Preventive law: concept, structure and content." Юридические исследования, no. 8 (August 2020): 39–50. http://dx.doi.org/10.25136/2409-7136.2020.8.34081.
Повний текст джерелаАнотація:
The subject of this research is the federal and regional legislation that regulate preventive activity of law enforcement agencies, monographic studies of the leading Russian criminologists, as well as scientific publications discussing the concept, structure and content of preventive law. The object of this research is social relations formed in the process of implementation of norms that regulate the activity on crime prevention. The goal consists in examination of the content of preventive law for the explicating the detailed structure of this branch of legislation. This article is first within the national criminology to propose an original perspective on the preventive law as an independent branch of legislation. Based on the analysis of normative sources regulating the activity in the area of prevention of offences, the author determines the criteria for their classification: 1) by legal force, 2) by territorial scope of actions, 3) by subject of legal regulation, 4) depending on the role in legal regulation. The conclusion is substantiated on the need to systematize preventive law in form of a codified normative act – the Code on Prevention of Offenses in the Russian Federation, which should be aimed only at preventive regulation. The structure of this code is offered. In the authors’ opinion, the system of preventive law is a unified legal complex consisting of legislation of the Russian Federation, its constituent entities, as well as normative bylaws that regulate preventive legal relations that emerge prior to commission of offense, and for determination and elimination of the factors that conduce commission of offenses, as well as have educational impact upon persons in order to prevent commission of offenses or antisocial behavior.
7
Mennecke, Martin. "Genocide Prevention and International Law." Genocide Studies and Prevention 4, no. 2 (August 2009): 167–75. http://dx.doi.org/10.3138/gsp.4.2.167.
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8
Lening Zhang and Jianhong Liu. "China's Juvenile Delinquency Prevention Law." International Journal of Offender Therapy and Comparative Criminology 51, no. 5 (June 28, 2007): 541–54. http://dx.doi.org/10.1177/0306624x06292675.
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9
Landis, Nancy Tarleton. "Needlestick prevention measures become law." American Journal of Health-System Pharmacy 58, no. 1 (January 1, 2001): 13–16. http://dx.doi.org/10.1093/ajhp/58.1.13.
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10
Lee, Hyun-jung. "Scope of the KOREAN School Violence Prevention LAW." J-Institute 3, no. 1 (June 30, 2018): 15–19. http://dx.doi.org/10.22471/law.2018.3.1.15.
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11
Alekseeva, Anna Pavlovna, Sergey Vladimirovitch Veklenko, Aleksander Ivanovitch Melikhov, Galina Nickolaevna Mironova, and Aleksander Aleksandrovitch Turyshev. "Prevention of crime by criminal law and operational-search means." SHS Web of Conferences 118 (2021): 03028. http://dx.doi.org/10.1051/shsconf/202111803028.
Повний текст джерелаАнотація:
In the early 2000s, the Russian legislator massively introduced the term “preventing crime” into regulations thus replacing the concept of “fighting against crime”. Thus, the changes influenced federal law No. 130-FZ “Combating Terrorism” dated 25 July 1998 and many other laws. The very concept of the state’s response to violation of the established prohibitions has changed. If in the old version of the laws, punishment for committing a crime was the main preventive measure, then in the new understanding the key efforts of the state should have been focused on preventing the very event of a crime. On the one hand, this is an absolutely correct step, since it is much more profitable for the state (in socio-economic, political and other respects) to keep the population from violating the established rules than to be forced to launch a complex and expensive criminal procedural mechanism (to identify, disclose, investigate crimes, consider them in court, execute punishment, etc.). On the other hand, in the new laws, the term “prevention” is used ambiguously, to both characterise “crime prevention” activities and characterise “crime control” activities. The research objective is to find the most optimal ways to eliminate theoretical and practical contradictions arising from the law enforcement in connection with the tautology of the texts of federal laws in the field of combating crime. In the course of the research, the dialectical method of cognition was used, as well as general scientific (analysis and synthesis, induction and deduction, logical, systemic and structural methods) and specific scientific methods of cognition (historical, statistical and formal-legal). It is proposed to unify the definition of “combating crime” by introducing the same definitions into the federal law “Operational Investigative Activity”, “Countering Terrorism”, and other regulatory documents related to “combating crime”.
12
Ayling, Julie. "Harnessing Third Parties for Transnational Environmental Crime Prevention." Transnational Environmental Law 2, no. 2 (September 10, 2013): 339–62. http://dx.doi.org/10.1017/s2047102513000174.
Повний текст джерелаАнотація:
AbstractBecause transnational environmental crime (TEC) can result in the demise of an environmental resource or irreversible damage to the environment and has implications for national and global security, its prevention is a critical issue. Deterrence through law enforcement can go only a limited distance towards preventing TEC. However, there is a huge potential for third parties to be active participants, alongside governmental authorities, in crafting and implementing strategies for TEC prevention. This article explores the ways in which states can catalyze third parties – non-state, non-offending actors – to contribute their own capacities towards the pursuit of preventive outcomes. It draws together concepts and theories from policing studies, criminology and regulatory studies to highlight changing relationships between the state and non-state actors with respect to crime control, and applies them to TEC. Examples and illustrations used in the article relate mainly to efforts to combat the illegal wildlife trade. The article concludes that a more systematic approach to TEC prevention involving third parties is needed, and that this requires dedicated strategic analysis and planning on the part of states, working individually and together.
13
Walton, David. "Crime Prevention." Probation Journal 42, no. 2 (June 1995): 122–23. http://dx.doi.org/10.1177/026455059504200224.
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14
Matskevich, Igor’ M. "Discrepancy between the Theory and Practice of Crime Prevention." Penitentiary science 15, no. 3 (September 30, 2021): 605–12. http://dx.doi.org/10.46741/2686-9764-2021-15-3-605-612.
Повний текст джерелаАнотація:
Introduction: the article considers the concept of prevention in several aspects (social prevention, criminological prevention, situational prevention, evolutionary prevention). We describe the subjects implementing the prevention of offenses and consider the issue of public participation in this process in historical and modern periods. We focus our attention on the prevention of new crimes in the institutions of the Federal Penitentiary Service, emphasize its importance during the period of serving a sentence (educational techniques and methods) and after release (interaction of probation inspectorates with law enforcement agencies for the re-socialization of released convicts). We outline possible risks and difficulties of organizing crime prevention together with public organizations: determining preferences for activists; politicization of preventive work (obtaining additional electoral points); selection of activists (preventing the involvement of representatives of the criminal environment). In the context of considering ways to improve prevention, much attention is paid to the prevention of crime through technological innovations: control over people’s movement using a mobile phone; analysis of web browsing history; computer programs for crime prevention; compilation and maintenance of federal database programs; chipping, etc. The study is based on the accumulated experience of implementing preventive work, which is described in the sections “Prevention yesterday” and “Prevention today”. The article analyzes examples of crime prevention in Thailand, the U.S. etc., and reflects the results of implementation of the “Safe City” program in Moscow. The methodological basis of this study is represented by the axiological approach. Research problems were addressed with the use of general philosophical principles of dialectics and special methods of cognition: systematic, formal-legal, sociological, etc. Results: the public remains the most important element of the prevention system. It is necessary to develop and legally consolidate the relevant activities, for example, as it is done in Article 11 of the Federal Law “On the fundamentals of the system for prevention of neglect and juvenile delinquency”. Legal education should be the main weapon in the hands of the subjects of prevention. Elimination of crime should become the main direction of prevention.
15
Bolshakov, V., V. Svytenko, and Yu Maznychenko. "FORENSIC ASPECTS OF USING CERTAIN TECHNICAL MEANS OF ACTIVE SELF-DEFENSE." Criminalistics and Forensics, no. 66 (2021): 481–92. http://dx.doi.org/10.33994/kndise.2021.66.36.
Повний текст джерелаАнотація:
The article is devoted to the forensic aspects of ensuring necessary defense through the use by law enforcement officials of physical pressure of limited influence, special means (including non-lethal action) and firearms of increased efficiency. The authors, based on the results of forensic practice, assessed the effectiveness of the actions of law enforcement officers to prevent the excess of necessary defense during covert investigative (search) activities. A systematic analysis of recent studies and publications on this issue showed that in the modern global world, the main task of forensic support for law enforcement agencies in different countries is to optimize the processes of detecting, disclosing, investigating and preventing crimes and therefore contributes to the establishment of objective truth in criminal proceedings. A sufficiently high level of criminalization of various spheres of life of modern society requires deep transformations in the system of preventive measures carried out by law enforcement agencies, government bodies and public organizations. The use of special forensic knowledge, along with other forms of preventive activity, can significantly enhance the prevention, detection, disclosure and investigation of crimes. The preventive activity of forensic experts is to study and identify the causes and conditions conducive to the commission of socially dangerous acts. It is noted that Hungarian scientists consider the issues of crime prevention and operational-search activity to be the subject of forensic science. The international experience of disclosing, investigating and preventing crimes indicates a significant number of unsuccessful investigative actions due to the incompetent use of firearms and active defense equipment. It is concluded, based on the content of the concepts of disclosure, investigation and prevention of crimes, and taking into account the historical experience of forensic research of means of necessary defense and firearms, that it is necessary to develop forensic recommendations. In order to increase the efficiency of covert investigative (search) actions by law enforcement officers through the use of modern means of necessary defense and means of physical influence of limited action, as well as special types of non-lethal police weapons with improved characteristics.
16
Sukyoon Choi. "Prevention of Piracy and Criminal Law." Journal of Criminal Law 22, no. 4 (December 2010): 211–30. http://dx.doi.org/10.21795/kcla.2010.22.4.211.
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17
Tsukada, Noriko, and Asako Katsumata. "Challenges for Elder Abuse Prevention Law." Innovation in Aging 4, Supplement_1 (December 1, 2020): 682. http://dx.doi.org/10.1093/geroni/igaa057.2377.
Повний текст джерелаАнотація:
Abstract This paper compares components of four abuse prevention laws in Japan, including elder abuse, child abuse and domestic abuse, and abuse for people with disabilities and delineates major strengths and weaknesses of the Elder Abuse Prevention Law in comparison to the other three. Based on this analysis, this paper recommends improvements in the elder abuse prevention law given the success of the related abuse laws. Despite the requirement of re-evaluation every 3 years, no amendments have been made to the elder abuse prevention law, while amendments have been made to the child abuse and domestic abuse prevention laws, based on outcome data and implementation experience. Identified needed revisions include provisions of protection orders and temporary shelters to protect elder victims from abusers at the time abuse is reported.
18
Seungeun Song. "Prevention of Piracy and Criminal Law." Korean Journal of Comparative Criminal Law 10, no. 2 (December 2008): 171–92. http://dx.doi.org/10.23894/kjccl.2008.10.2.008.
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19
Thompson, M. J. "Prevention is better than the law." BMJ 342, may17 2 (May 17, 2011): d3028. http://dx.doi.org/10.1136/bmj.d3028.
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20
Plakokefalos, Ilias. "Prevention Obligations in International Environmental Law." Yearbook of International Environmental Law 23, no. 1 (January 1, 2012): 3–43. http://dx.doi.org/10.1093/yiel/yvt060.
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21
Komro, Kelli A. "The Centrality of Law for Prevention." Prevention Science 21, no. 7 (August 17, 2020): 1001–6. http://dx.doi.org/10.1007/s11121-020-01155-x.
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22
Siregar, Gomgom TP, and Sarman Sinaga. "THE LAW GLOBALIZATION IN CYBERCRIME PREVENTION." International Journal of Law Reconstruction 5, no. 2 (September 9, 2021): 211. http://dx.doi.org/10.26532/ijlr.v5i2.17514.
Повний текст джерелаАнотація:
Globalization makes the world without borders, countries compete freely in various fields, and sometimes cross the jurisdictional limits of a country, overcoming cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have a separate law that regulates cybercrime. The approach method using normative juridical. The results of research and discussion stated that The law globalization and politics provides cybercrime countermeasures in the application of legal norms between nations, which increasingly play an important role, especially how to regulate all forms of advances in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. Cybercrime regulation in legislation is absolutely necessary. Regarding jurisdiction over this crime, which is a global crime, it is necessary to have a separate law that regulates cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercrime actors who harm the state even though they are outside the territory of the country.
23
Tóth, András. "Creating More Public Value in the EU Competition Law by Reaching a Higher Level of Prevention in the Particular Context of the Digital Markets." World Competition 44, Issue 4 (December 1, 2021): 433–54. http://dx.doi.org/10.54648/woco2021024.
Повний текст джерелаАнотація:
The problem-solving mechanism developed by Sparrow in the field of social regulation could also be implemented in competition law in order to prevent the recurrence of competition problems in a given industry. The aim of competition authorities (as a protection-type agency) is to create public value. This is measured in terms of their ability to solve social problems by preventing or controlling harms. In the case of competition authorities, public value is achieved by ensuring a competitive market environment through the curtailment of market power and the removal of barriers to entry. The public value of prevention is especially important when markets have a tendency to become concentrated. In order to achieve the maximum preventive effect, all prevention tools must be operated effectively. This includes imposing structural remedies or switching to ex-ante prevention (regulation) when ex-post enforcement proves ineffective. concentration, deterrence, divestitures, ex-ante regulation, prevention
24
Kuzmin, Igor Aleksandrovich. "Exercising positive legal responsibility." Вопросы безопасности, no. 3 (March 2020): 1–18. http://dx.doi.org/10.25136/2409-7543.2020.3.33191.
Повний текст джерелаАнотація:
The subject of this research is the problem of understanding and content of exercising positive legal responsibility in the context of prevention of unlawful acts and stimulation of law-abiding behavior. The author aims to determine the role and functional purpose of law enforcement policy (within the framework of national security), its key trends and vectors, as well as the factors and conditions for implementation of legal responsibility for unlawful behavior and concomitant risks of its excessive application. Legal responsibility is viewed in accordance of its manifestations on the level of objective and subjective law, as well as systemic legal institution that incorporates normative, procedural and organizational subsystems. As a result of the conducted research, the author substantiates the need for prevention of offenses at the stage of emergence of social conflicts. Analysis is conducted on the positive experience of crime prevention in certain Asian countries and the factors of ineffective crime control policies in Russia and other countries. An original perspective on legal responsibility in legal right and law is presented. The author explicates the conceptual ideas of the preventive effect of responsibility at different stages of its materialization with regards to actual and potential offenders. The article takes into account peculiarities of the methods and means of external and internal influence of legal responsibility upon the behavior and consciousness of the subjects of law; outlines merits and flaws of the policy of preventing legal violations from the standpoints of its official objectives and tools; describes the structure of the system of legal responsibility and the advantage of its implementation in preventive activity of the law enforcement agencies and penal system of the Russian Federation.
25
Lee, In-gon. "A Study on Prevention of School VIOLENCE and Measures." J-Institute 4, no. 1 (June 30, 2019): 1–6. http://dx.doi.org/10.22471/law.2019.4.1.01.
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26
Paradowski, Mariusz. "CRIME PREVENTION IN URBAN PLANNING." Roczniki Administracji i Prawa 3, no. XX (September 30, 2020): 153–66. http://dx.doi.org/10.5604/01.3001.0014.4238.
Повний текст джерелаАнотація:
This article presents issues the prevention of crime. In the introduction, it’s creates to the understanding of security in sociological and legal terms. Then, it’s indicates the essence and importance of planning acts in the sphere of crime prevention. Further, it’s discusses preventive law of administration and rules of the CPTED program in crime prevention. The elaboration has short summary.
27
Korniychenko, Anastasia. "REGULATORY MECHANISM AS A COMPONENT OF ADMINISTRATIVE AND LEGAL REGULATION OF BULLYING PREVENTION IN UKRAINE." Scientific Notes Series Law 1, no. 9 (2020): 133–37. http://dx.doi.org/10.36550/2522-9230-2020-1-9-133-137.
Повний текст джерелаАнотація:
The article is devoted to the study of the essence and content of the regulatory mechanism of administrative and legal regulation of bullying prevention in Ukraine. Emphasis is placed on the fact that most scholars reduce the regulatory mechanism in various spheres of life to a direct list of legal acts that regulate a particular area, ignoring the definition of "regulatory mechanism". It is noted that the administrative and legal mechanism for preventing bullying in Ukraine is divided into two blocks: regulatory and organizational and institutional. It is revealed that the regulatory mechanism of administrative-legal regulation of bullying prevention should be understood as a set of processes of administrative-legal regulation by authorized subjects aimed at bullying prevention, regulated by norms of law, which find their external expression in regulatory acts. In turn, the regulatory mechanism of bullying prevention is a system of normatively established lawful rules of conduct, which are aimed at preventing bullying. It is indicated that the main elements of the regulatory mechanism of administrative-legal regulation of bullying prevention are norms of law and acts of application of norms of law. Norms of law are the foundation of the regulatory mechanism of administrative-legal regulation. They find their external manifestation in normative-legal acts, due to which there is an administrative-legal regulation of a certain sphere of public life, including in the sphere of bullying prevention (or in the educational environment in general). The article presents the author's system of normative-legal acts of bullying prevention in Ukraine, which is formed taking into account the criterion of legal force. It is concluded that the consideration and analysis of specific law enforcement acts is a promising area of research of the regulatory mechanism of administrative-legal regulation of bullying prevention.
28
Fantrov, Pavel, Vladimir Shinkaruk, Wilhelm Guhl, and Natalya Solovyeva. "Network crowdsourcing and youth extremism prevention: law enforcement agencies and civil society." SHS Web of Conferences 109 (2021): 01013. http://dx.doi.org/10.1051/shsconf/202110901013.
Повний текст джерелаАнотація:
The fight against the manifestation of extremism among young people is an urgent problem that goes beyond law enforcement and requires a comprehensive socio-political solution. At the same time, preventive measures and technologies for the prevention of this negative phenomenon of public life play a significant role in countering extremism. The effective implementation of crowdsourcing network technologies unites national security entities for a coordinated solution of an urgent problem and helps to level the extremist threat. Their effectiveness should be measured based on the number of identified facts of an extremist orientation, and also the quality of leveling the negative consequences caused by extremist activity. To achieve the goal and objectives of the study, a system of scientific methods based on the systemic principle, the institutional approach, and the sociological method was used. All these methods made it possible to identify the importance of network crowdsourcing technologies for the prevention of extremism among the youth in the context of interaction between the state and citizens. When determining the effectiveness of crowdsourcing network technologies, the study evaluated the projects “Cibersquad”, “MediaGuard” and “STOPTERROR”, which participated in the prevention of extremism among young people. Largely due to their promotion, the level of extremist crime in 2019-2020 was reduced (compared to 2018). The article substantiates the effectiveness of crowdsourcing network technologies and concludes that their widespread adoption can “socialize” the system of preventing extremism among the youth, provided that not only government agencies, but also constructively-minded citizens’ associations are its most important actors.
29
Shcherbakova, E. K. "LEGAL INFLUENCE ON THE PREVENTIVE LEGAL RELATIONS IN CRIMINAL LAW." Vestnik Povolzhskogo instituta upravleniya 22, no. 2 (2022): 54–61. http://dx.doi.org/10.22394/1682-2358-2022-2-54-61.
Повний текст джерелаАнотація:
The nature and limits of the legal influence on the legal relations in criminal law are studied. Legal influence on the preventive criminal law relations is based on the certain legal tools and methods that form a mechanism of preventive criminal law influence. This mechanism conceptual model contributes to problem-solving in the sphere of general and individual crime prevention.
30
Taylor, Terrance J. "Youth violence prevention." Journal of Crime and Justice 37, no. 1 (January 2, 2014): 1–4. http://dx.doi.org/10.1080/0735648x.2014.860737.
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31
Sutton, Adam, and Adrian Cherney. "Prevention without politics?" Criminal Justice 2, no. 3 (August 2002): 325–44. http://dx.doi.org/10.1177/17488958020020030501.
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32
Battams, Samantha, Toni Delany-Crowe, Matthew Fisher, Lester Wright, Michael McGreevy, Dennis McDermott, and Fran Baum. "Reducing Incarceration Rates in Australia Through Primary, Secondary, and Tertiary Crime Prevention." Criminal Justice Policy Review 32, no. 6 (May 19, 2021): 618–45. http://dx.doi.org/10.1177/0887403420979178.
Повний текст джерелаАнотація:
In Australia, incarceration rates have steadily increased since the 1980s, providing an imperative for crime prevention. We explored the extent to which Australian justice sector policies were aimed at preventing crime, using a framework for “primary, secondary and tertiary” crime prevention. We analyzed policies and legislation ( n = 141) across Australian jurisdictions (a census was undertaken from May to September 2016, with policies spanning from 1900 to 2022). We found a strong focus on tertiary crime prevention, with recidivism rather than root causes of crime problematised. We also found little focus on primary crime prevention, despite some high-level cross sectoral strategies designed to prevent crime. In this paper, we will use the framework of Bacchi’s “what’s the problem?” approach, considering levels of crime prevention, social determinants of health, and discourses surrounding crime. We discuss policy implications and make suggestions for policy reform and accountability mechanisms to reduce crime and incarceration.
33
Soyer, Baris. "RISK CONTROL CLAUSES IN INSURANCE LAW: LAW REFORM AND THE FUTURE." Cambridge Law Journal 75, no. 1 (January 11, 2016): 109–27. http://dx.doi.org/10.1017/s0008197315000963.
Повний текст джерелаАнотація:
AbstractRisk control clauses are often used in insurance contracts with a view to preventing the assured from altering the risk during the currency of the policy. An insurance warranty is the most commonly used risk prevention clause in practice. Having been subjected to severe criticisms for years, the legal regime concerning insurance warranties and other risk control clauses has recently been revamped by the Insurance Act 2015, which will apply to all contracts of insurance concluded after 12 August 2016. This article intends to elaborate on the appropriateness of the reforms introduced by the 2015 Act from risk assessment and management perspectives. It is also intended to offer a critical analysis on the potential impact of the changes on insurance law and practice.
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Toufayan, Mark. "A Return toCommunitarianism? Reacting to “Serious Breaches of Obligations Arising under Peremptory Norms of General International Law” under the Law of State Responsibility and United Nations Law." Canadian Yearbook of international Law/Annuaire canadien de droit international 42 (2005): 197–251. http://dx.doi.org/10.1017/s0069005800008523.
Повний текст джерелаАнотація:
SummaryDiscussion surrounding the prevention of genocide has focused to a large extent on the appropriate mode(s) of reaction to particularly serious breaches of human rights obligations. In particular, the question arose whether existing UN mechanisms aimed at preserving international peace and security should be regarded as a privileged — or even exclusive — means to enforce compliance by states with their obligations relating to genocide. Drawing extensively on the work of the International Law Commission on the codification of the law of state responsibility, the author argues that the new draft articles, with their emphasis on “serious breaches of obligations arising under peremptory norms of general international law” rather than obligations erga omnes, are ill-suited to provide for the taking of preventive measures by “not-directly affected” states. Paradoxically, the institutionalization of mechanisms for preventing gross human rights abuses has been reduced to a minimum in the new draft, with emphasis being laid on the vague requirement that states “cooperate” to bring “serious breaches” to an end. It is suggested, however, that ascribing a subsidiary role to UN organs and procedures is, despite criticisms made as to their adequacy, necessary to supplement state action. The UN has in fact a distinct legal interest that is clearly affected when breaches of obligations relating to genocide occur. More importantly, by acting on behalf of the “organized international community” in matters of international peace and security, the Security Council has itself assumed today a legally binding subsidiary obligation to prevent genocide. The article concludes that in the absence of ineffective decisional institutions for the prevention of genocide, the choice is not between the subjectivism of a decentralized response and the absence of any consequences for the most serious wrongful acts but rather to strengthen the UN’s institutional capacity to react.
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Campbell, Tom D. "Mental Health Law: Institutionalised Discrimination." Australian & New Zealand Journal of Psychiatry 28, no. 4 (December 1994): 554–59. http://dx.doi.org/10.1080/00048679409080778.
Повний текст джерелаАнотація:
The aim of the paper is to propose that special mental health laws be replaced by generic protection and prevention legislation. The arguments used for the detention and compulsory treatment of persons with mental illnesses are analysed, and found not to justify protection and prevention rules which apply only to persons with mental illnesses. Two separate systems of legal intervention should be established to deal with (1) all persons in need of compulsory care and (2) all persons who require to be detained for the prevention of harm to others.
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Kirillov, S. I., and S. V. Krivosheev. "Preventive Applications of Penal Sanctions." Pravo: istoriya i sovremennost', no. 3(12) (2020): 100–109. http://dx.doi.org/10.17277/pravo.2020.03.pp.100-109.
Повний текст джерелаАнотація:
The most Important areas of the preventive role of criminal law are limiting the use of punishment in the form of deprivation of liberty, determining legal compromises between the offender, the victim, society and the state, establishing an effective system of punishment, fair sentencing, which is as individualized as possible, and others. In this regard, criminal justice takes place after the commission of crime through the implementation of the preventive function of criminal law norms. Today, an urgent problem is the study of criminal law crime prevention, as a collective, complex concept that includes the possibilities of criminal and penal law. This study is devoted to the prevention of crimes by criminal law means. The paper explores the problems of manifestation of the preventive function of criminal law in the application of punishment and other forms of criminal responsibility, justifies the position on reducing the imposition of convictions with a penalty of imprisonment. The analysis of current legal acts and opinions of scientists who conducted research in this area is carried out.
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Segovia-Tadehara, Corina D., Mark O. Bigler, David Ferguson, and Jamie Diarte. "Public Sex, HIV Prevention and Law Enforcement." Journal of HIV/AIDS & Social Services 3, no. 3 (April 28, 2005): 35–50. http://dx.doi.org/10.1300/j187v03n03_04.
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Rich, Vera. "Hitch in implementing Russia's HIV-prevention law." Lancet 346, no. 8972 (August 1995): 432. http://dx.doi.org/10.1016/s0140-6736(95)92797-2.
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FUJITA, KAZUHIRO. "Product Liability Law and Product Liability Prevention." NIPPON GOMU KYOKAISHI 67, no. 9 (1994): 588–96. http://dx.doi.org/10.2324/gomu.67.588.
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VESSEY, JONATHAN. "The Principle of Prevention in International Law." Austrian Review of International and European Law Online 3, no. 1 (1998): 181–207. http://dx.doi.org/10.1163/157365198x00104.
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Anishchenko, Tetiana. "CONFLICT OF INTEREST: FROM THE LAW TO THE COURT DECISION." Administrative law and process, no. 3(34) (2021): 33–40. http://dx.doi.org/10.17721/2227-796x.2021.3.03.
Повний текст джерелаАнотація:
The author of the article has studied specific features of normative and legal regulation of the issues of competitive interests in Ukraine. It has been noted that there are still problematic issues of practical application of the norms of current legislation in regard to drawing up protocols by authorized entities and in regard to court hearings in the relevant category at the present stage of development of anti-corruption legislation. The author has separately emphasized on specific features of resolving competitive interest in foreign countries. There is an example of the fact that the most common issues regulated by EU law are the obligation to maintain impartiality and the ban on combining positions, while the issues of gifts, rewards and restrictions on choosing activities after leaving office are almost not raised. Special attention has been paid to studying the Generalizations of Judicial Practice in Cases on Administrative Offenses Related to Corruption; the Methodical Recommendations on the Application of Certain Provisions of the Law of Ukraine “On Preventing Corruption” regarding the prevention and settlement of competitive interests, the compliance with restrictions on the prevention of corruption developed by the National Agency for the Prevention of Corruption in 2021 has become a special achievement of recent years, aimed at forming unified approach to the compliance with the rules for the prevention and settlement of competitive interests, restrictions on the prevention of corruption as an integral part of preventing the commission of corruption and corruption-related offenses. The report on the implementation of anti-corruption reforms in Eastern Europe and Central Asia countries, published by the Organization for Economic Cooperation and Development on deepening cooperation, has been separately highlighted. This report summarizes the implementation of the Istanbul Anti-Corruption Action Plan and notes that the quality of mechanisms for monitoring the implementation of anti-corruption policies remains low in almost all of the indicated countries; in most cases it is based not on objective indicators and criteria, but on reports from executing agencies.
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Tyler, Elizabeth Tobin. "Teaching Prevention: An Interdisciplinary Approach to Improving Population Health through Law and Policy." Journal of Law, Medicine & Ethics 44, S1 (2016): 62–68. http://dx.doi.org/10.1177/1073110516644230.
Повний текст джерелаАнотація:
This interdisciplinary course, which included students from medicine, public health, law, and public policy, explored the concept of “prevention” and the role of law and public policy preventing disease and injury and improving population health. In addition to interdisciplinary course content, students worked in interdisciplinary teams on public health law and policy projects at community organizations and agencies.
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Tsurkalenko, Dmytro. "On the expenditure of distinctioning the concepts of «preventive measures» and «preventive measures» in the activities of the National police of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2021): 207–12. http://dx.doi.org/10.31733/2078-3566-2021-3-207-212.
Повний текст джерелаАнотація:
The article emphasizes that today one of the main vectors of the National Police 'businesses are aimed at preventing offenses, the so-called preventive or preventive activity. In view of this, the terms «preventive activity» and «preventive activity» were investigated in detail, which is carried out by the employees of the National Police of Ukraine. And the purpose of the article is an analysis of preventive measures and preventive measures in the activities of the National Police of Ukraine through the prism of modern legislation, retreating and providing definitions. Thus, having analyzed the current legislation and scientific revision of modern scientists, the author provides author's definitions of these terms. Preventive measures This is a narrower concept under which it is understood clearly defined in the Law or Complex of Police Actions applicable in accordance with the current legislation to ensure the implementation of the requirements that restrict certain rights and freedoms of man and the use of which do not is always associated with an unlawful behavior of specific individuals. In turn, preventive measures are the actions of the police aimed at preventing the offenses and preventing their teaching, eliminating their reasons and conditions that cause them. And concluded that speaking of any prevention measures that are used by policemen to prevent / prevent any kind of offenses it is expedient to use the very term «preventive measures», and the term «preventive measures» is used only in case when it comes to events provided by the Law of Ukraine «On National Police». Because, preventive police and prophylactic measures of the police are different concepts. And in its daily activities, representatives of the National Police of Ukraine must use them appropriate and not confused with each other. Given the fact that this can complicate the daily police officer directed to crime prevention.
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Endang, M. Ikbar Andi. "LAW RATIO AND LAW IMPLICATION EXAMINATION OF AUTHORITY ABUSE ACCORDING TO LAW OF STATE ADMINISTRATION." Jurnal Hukum Peratun 3, no. 1 (February 28, 2020): 71–96. http://dx.doi.org/10.25216/peratun.312020.71-96.
Повний текст джерелаАнотація:
In the context of government action as a center point relate to public law protection, state administration jurisdiction along with its function as “judicature” (justiele functie – judicial function) belongs to characteristic of and/or repressive function. However, norm of Article 21 in Act Number 30 in 2014 about State Administration provide authority to State Administration Court to conduct assessments, whether there is any abuse of authority in decision making and/or administrative action (discretion) requested by an institution and/or an official of government administration, brings legal implication in form of a change in legal politic direction related to law enforcement in corruption crime eradication in this country in forms of preventive efforts, which is similarly as important as the corruption crime eradication itself, because corruption crime prevention is a condition sine qua non in corruption crime eradication. Based on the condition of characteristic and/or functions of state administration judiciary which is not merely repressive (merely functioning as “judiciary”), this writing attempts to provide basic of understanding to the judicial development of state administration along with its preventive roles and functions which are related to law enforcement in corruption crime eradication in forms of or types of state financial lost as it is legally defined in law ratio of norm of Article 21 in Act of government administration.
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Spencer, Dale. "Book Review: Crime Prevention Studies: Vol. 17. Understanding and Preventing Car Theft." International Criminal Justice Review 17, no. 1 (March 2007): 60–62. http://dx.doi.org/10.1177/1057567707299375.
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Rajamanickam, Ramalinggam, Tengku Noor Azira Tengku Zainudin, Balaji Thinakaran, and Mohd Safri Mohammed Na’aim. "Legal Framework on Prevention of Extremism in Malaysia." Academic Journal of Interdisciplinary Studies 9, no. 6 (November 19, 2020): 167. http://dx.doi.org/10.36941/ajis-2020-0121.
Повний текст джерелаАнотація:
The world is now facing phenomenon of violent extremism that threatens universal safety and security. The United Nations (UN) is against violent extremism and urges Member States to prevent violent extremism in their respective countries. In this context, Malaysia as one of the Member States under the UN is also required to take an initiative towards preventing violent extremism in the country. The pertinent question is, what is meant by violent extremism? Does violent extremism only focus on Islam? These questions need to be answered first before the government begins its initiative in preventing violent extremism in the country. Without a clear interpretation of the law, extremism cannot be effectively prevented and miscarriage of justice may occur. Therefore, this article intends to address the available legal framework on prevention of extremism in Malaysia. Before venturing into the Malaysia’s legal framework on prevention of extremism, this article will give an overview of the international framework on prevention of extremism. In achieving the objective of this article, the authors used qualitative approach with content analysis method. The article found that Malaysia has many legislations which act as preventive laws, but none of legislations define extremism.
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El-Khatib, Ziad, Celina Herrera, Giovanna Campello, Elizabeth Mattfeld, and Wadih Maalouf. "The Role of Law Enforcement Officers/Police in Drug Prevention within Educational Settings—Study Protocol for the Development of a Guiding Document Based on Experts’ Opinions." International Journal of Environmental Research and Public Health 18, no. 5 (March 5, 2021): 2613. http://dx.doi.org/10.3390/ijerph18052613.
Повний текст джерелаАнотація:
The United Nations Office on Drugs and Crime—World Health Organization International Standards on Drug Use Prevention—reflects the value of safe, nurturing and supportive social institutions around the lives of youths to benefit from the prevention of risky behavior extending beyond individually-developed resilience for healthy adolescent development. Schools are valuable social institutions to this effect and school safety and adolescent health outcomes can be threatened by drug use and violence. As such, collaborative, multi-level, evidence-based, developmentally sensitive, substance use prevention programs are imperative. The International Standards, in their latest version, did not reflect specific evidence of law enforcement officer-based programs with effect on drug use prevention, including in school settings. Nevertheless, the collaboration between law enforcement agencies and school-based substance use prevention programs continue to be the focus of research and policy. In this project, we aim to explore in more detail the role of law enforcement in preventing substance use in schools. We use mixed methods, including three phases: (i) scoping review on the best practices for effective law enforcement in school-based drug and crime prevention; (ii) interviews with experts, using the Delphi method, in substance use prevention and training law enforcement in school-based drug prevention; and iii) developing guidelines for law enforcement based on the findings. Initially, we identified a total of 17 papers that were categorized in four categories based on their results (negative or null effect n = 11 studies, positive effect n = 1 study, mixed effects n = 4 studies and indefinite conclusion n = 1 study). However, the authors of the studies with negative or null effect did recommend being cautious about these results due to the respective studies’ methodological limitations. The actual and perceived roles of police are largely unclear and/or variable. Therefore, clear outlines regarding law enforcement’s role within schools are crucial as one study showed that an officer’s role influences how they respond to student conduct. A secondary emergent theme from this review indicates that there is potential for positively impacting a youth’s perceptions of police through collaborative and engaging school-based programs. Currently the project is gradually moving to Phase II, where we are identifying the key experts based on scientifically published peer reviewed and grey literature/guidelines to investigate elements that make the role of law enforcement officers in school-based prevention more effective. Given the frequency with which policy makers around the world request information about the role of law enforcement in effective prevention efforts, guidelines on their roles within schools is a gap that needs to be filled. Such efforts would improve drug prevention in schools and better orient law enforcement’s role in drug prevention within educational settings.
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Barbarosh, L. M. "Concept and signs of general social prevention of domestic criminality by the prosecutor’s office." Analytical and Comparative Jurisprudence, no. 4 (April 28, 2022): 249–54. http://dx.doi.org/10.24144/2788-6018.2021.04.42.
Повний текст джерелаАнотація:
The article defines the concept and signs of general social prevention of domestic criminality by the prosecutor’s office. It is emphasized that the prosecutor’s office as a law enforcement agency plays an important role in preventing criminal offenses in the domestic sphere, as its activities are ensured by the implementation of the Constitution of Ukraine of prosecution, representation and supervision to protect human rights and freedoms.
It is noted that the prosecutor’s office, occupying a special place in the human rights system in Ukraine, is called to play a leading role in coordinating the anti-criminogenic potential of law enforcement agencies to prevent criminal offenses in general and in the domestic sphere in particular.
Unfortunately, the importance of the prosecutor’s office in this activity is currently underestimated both scientifically and among law enforcement practitioners, volunteers and non-governmental institutions. There is a lack of clarity on the basic, conceptual issues related to the goals and objectives, the place and role of the prosecutor’s office in the system of subjects of prevention of criminal offenses in the domestic sphere, and some applied aspects of the problem need to be developed.
A scientifically reasonable definition of the concept of «general social prevention of domestic criminality by the prosecutor’s office» is formulated – it is a set of legal, organizational, technical, financial and other measures implemented by the prosecutor’s office as a subject of preventive activity and aimed at eliminating, blocking, neutralizing determinants illegal behavior of the perpetrator in the domestic sphere.
It is substantiated that the prosecutor’s office actually promotes preventive influence on the causes and conditions of committing by perpetrator criminal offense in the domestic sphere. It has been proved that the role of the prosecutor’s office as a subject of preventing the perpetrator from committing a criminal offense in the family objectively depends on the effectiveness of its main function – the protection of human rights and freedoms in various spheres of its activity. A domestic sphere is no exception.
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Djatmiko, WP. "SYSTEMIC POLICY AS CRIMINAL POLITICS IN ERADICATING CORRUPTION IN INDONESIA." Asia Pacific Fraud Journal 1, no. 2 (April 23, 2015): 195. http://dx.doi.org/10.21532/apfj.001.16.01.02.17.
Повний текст джерелаАнотація:
Criminal Policy is a rational organization of the control of crime by society, which can be carried out operationally through a penal or non-penal policy. Reality shows that there is a flaw in penal policy in preventing crime act of corruption in Indonesia. Various efforts have been done to eradicate corruption, starting from law enforcement, political will, legislative policy, establishment of special institutions/commissions, improvement and reformation on bureaucracy, law socialization in various circles, and establishment of international cooperation. Yet, all of those efforts have not yielded maximum results. In Indonesia, corruption is still raging. Therefore, the corruption prevention policy should rely on not only penal policy, but also non-penal policy (systemic policy). The corruption prevention policy using systemic approach is a strategic policy as it is more preventive in dealing with corruption. The main goal of systemic policy is to handle and reduce the causative factors of criminal act of corruption.
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Аминов, Ильдар. "LEGAL MEASURES OF THE STATE PREVENTION OF ETHNIC AND RELIGIOUS CONFLICTS." Bulletin of the Institute of Law of the Bashkir State University 1, no. 1 (November 11, 2021): 13–21. http://dx.doi.org/10.33184/vest-law-bsu-2018.1.2.
Повний текст джерелаАнотація:
The article studies the ethnic and religious conflicts developed over the last years. The author comes to the conclusion that many disputable events of the geopolitical process and the administrative law forms of state activity are the main reasons for all these conflicts. This article finds the ways to solve eth- nic and religious conflicts, as well as it reviews modern means of preventing them. However a wide range of mechanisms to settle this problem isn’t able to resolve it. In this context the author tries to make a unique mechanism suitable for settlement or prevention of all conflicts, or at least the major part of them.