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Journal articles on the topic '«social danger of the act»'

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Published: 4 June 2025

Last updated: 1 August 2025

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1

Guzeeva, Olga S. "Selected aspects of social danger of crime theory." Russian Journal of Legal Studies (Moscow) 7, no. 4 (2021): 66–73. http://dx.doi.org/10.17816/rjls50009.

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The question of social danger, its criteria and structure, is literally central in the doctrine of crime. There are tens, if not hundreds, of works devoted to this topic. Despite this, social danger still remains one of the most controversial areas of criminal law theory, and an underexamined field of study. The conclusion about the danger of a crime is the result of legislative consideration of many factors, which only provide a basis for criminalization. It should be obvious that each of these components can and should be independently assessed for public danger. Only in their totality

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2

Kufleva, Valentina N. "Problems of public danger of crime." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 18, no. 4 (2024): 618. https://doi.org/10.18255/1996-5648-2024-4-618-627.

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In the study of social danger, it is necessary to distinguish a triad of objects that claim to be considered dangerous: human behavior in general, an individual behavioral act, a specific action or inaction; the physical and social scope of these objects is different, as are the criteria that allow them to be assessed in terms of danger. In this triad of objects, only the danger of the act and the danger of the crime are subject to criminal-legal assessment, while the danger of the crime is a complex object, the assessment of which consists of an assessment of the danger of the act and the dan

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3

Panov, М., and S. Kharytonov. "Public danger of action in the system of features of the concept of «criminal offense»." Problems of Legality, no. 150 (October 2, 2020): 124–40. https://doi.org/10.21564/2414-990x.150.211036.

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The article is devoted to the analysis of the social danger of an act – a sign of the concept of «criminal offense», which actually performs the functions of the category of criminal law and is important for the entire system of concepts and norms of both the General and Special parts of criminal law. The most essential features and properties of this feature – a structural element of the concept – are considered, which reflect the social harmfulness and increased danger of this act for the values of society and social relations protected by criminal law, which ar

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4

Obrazhiev, K. V. "Complicity in a Minor Act and Minor Complicity in Crime." Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 11, 2024): 75–82. http://dx.doi.org/10.17803/2311-5998.2024.116.4.075-082.

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The article notes that the criminal legal assessment of complicity in a crime from the point of view of the provisions of Part 2 of Art. 14 of the Criminal Code of the Russian Federation presupposes the solution of two interrelated tasks: 1) assessment of the social danger of the act itself, which was the result of the joint efforts of co-participants, i.e. actions (act of inaction) of the performer (co-executors); 2) assessment of the public danger of the participation of a particular person in the commission of this act. Thus, the projection of Part 2 of Art. 14 of the Criminal Code of the R

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5

Miroshnichenko, D. V. "Theoretical and Methodological Justification of the Public Danger of an Act in Criminal Law." Lex Russica 77, no. 10 (2024): 59–76. http://dx.doi.org/10.17803/1729-5920.2024.215.10.059-076.

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Public danger is a fundamental category of criminal law that defines its essence and social purpose. At the same time, science has not yet developed a unified view on the nature of public danger, its place and role in the structure of criminal law knowledge and law enforcement. In particular, the following questions remain unresolved: the legal boundaries of public danger, the correlation of the principle of legality with the social foundations of criminal liability, the correlation of the concept of harm with public danger, the possibility of its objective cognition, the impact on the assessm

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6

Guzeeva, O. S. "Social Danger of the Crime: Constitutional Law and Criminal Law Analysis." Lex Russica, no. 3 (March 18, 2021): 95–106. http://dx.doi.org/10.17803/17295920.2021.172.3.095-106.

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In the Russian legal system, the crime, unlike other wrongs, is characterized as the act that has specific, namely criminal, public danger. Criminal liability in contrast to administrative liability is established for cases of high public danger. Turning to the meaningful characteristic of the phenomenon of public danger, the Russian doctrine proposed a number of theoretical constructions that in modern conditions, taking into account the need for updating the methodological framework of criminal law, can and should be reinterpreted and, to some extent, rediscovered.Parameters of the “criminal

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7

Rogova, Evgeniya, and Roman Zabavko. "Public Danger of an Act: Theoretical and Legal, Legislative and Law Enforcement Aspects." Academic Law Journal 25, no. 3 (2024): 440–49. https://doi.org/10.17150/1819-0928.2024.25(3).440-449.

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The article is devoted to one of the most complex categories of criminal law – public danger. The authors analyze the main approaches that have been developed in the science of criminal law regarding public danger and its impact on criminalization, the basis of criminal liability and law enforcement. It was established that the prevailing point of view is that the phenomenon under consideration reflects the real and potential ability of specific human behavior to create a danger for social relations that relate not only to the victim, but also to the entire society, in connection with which th

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8

Kilimbaev, R. V. "Public danger and criteria for its assessment." Penitentiary science 13, no. 3 (2019): 330–35. http://dx.doi.org/10.46741/2686-9764-2019-13-3-330-335.

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Public danger is a fundamental sign of any crime, but to date law-making practice has not developed an algorithm to determine the presence or absence of a public danger in an act sufficient to recognize it as criminal. Among legal scholars there is also a lack of consensus on issues of the essence of the social danger of an act and the criteria for its determination. All this gives rise to the inclusion in the criminal law of norms providing for liability for acts whose social danger is very conditional. On the basis of the materials studied in this work criteria are formulated, the establishm

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9

Beleckiy, Il'ya. "Social danger of crime: what to research in PhD thesis?" Vestnik of the St. Petersburg University of the Ministry of Internal Affairs of Russia 2023, no. 1 (2023): 61–65. http://dx.doi.org/10.35750/2071-8284-2023-1-61-65.

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Relevance: The Criminal Code is supplemented with new elements of crime without taking feedback into account. Most criminal law researches are retrospective. Scientists work with normative material trying to guess what the legislator kept in mind while accepting another “novel” of the Criminal Code of the Russian Federation and justifying it by ex post facto. Such an approach to the content of scientific research does not contribute to the development of the science of criminal law, but in a sense encourages hasty legislative decisions. Purpose: to give PhD candidates recommendations on the re

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10

Alikperov, K. J. "PROBLEMS OF THE CONCEPT OF «SOCIAL DANGER OF AN ACT»." CRIMINAL LAW: 21st CENTURY DEVELOPMENT STRATEGIES 1 (2024): 13–25. http://dx.doi.org/10.31085/2949-138x-2024-1-272-13-25.

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11

Alexandrov, A. N., O. A. Dizer, and T. A. Nedostypenko. "Formation of a doctrinal approach to public danger as a sign of crimes and administrative offenses." Law Enforcement Review 8, no. 4 (2025): 93–102. https://doi.org/10.52468/2542-1514.2024.8(4).93-102.

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The purpose of the scientific article is to, based on an analysis of the concept and essence of public danger, offer scientifically based conclusions related to the understanding of whether acts should be differentiated on the grounds of “nuisance” and “danger” into administrative offenses and crimes. The achievement of the formulated goal was made possible by solving the following scientific problems: defining the concept and essence of the social danger of an act; disclosure of the content of concepts of the nature and degree of social danger of an act, clarification of their criminal legal

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Dokuchaieva, Valeriia. "Banditry as a criminal act, characterized by a special Social danger." Entrepreneurship, Economy and Law 5 (2019): 237–39. http://dx.doi.org/10.32849/2663-5313/2019.5.43.

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13

Винокуров, В. Н., та Н. А. Рябинин. "Кража, совершенная с незаконным проникновением в жилище (п. «а» ч. 3 ст. 158 УК РФ), на сумму менее двух с половиной тысяч рублей — преступление или малозначительное деяние?" СОВРЕМЕННОЕ ПРАВО, № 2 (5 березня 2024): 99–104. https://doi.org/10.25799/ni.2024.36.79.018.

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В статье рассматривается вопрос о правомерности признания малозначительной кражу на сумму менее двух с половиной тысяч рублей, совершенную с незаконным проникновением в жилище. Авторы, анализируя судебную практику, приходят к выводу о необоснованности признания таких действий малозначительным деянием, так как они посягают на два объекта преступления, что свидетельствует об общественной опасности личности лица. The article examines the issue of the legality of recognizing as insignificant theft in the amount of less than two and a half thousand, committed with illegal entry into a home. The aut

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Urda, M. N., and A. O. Urda. "The public danger of an act in an intersectoral dimension." Proceedings of Southwest State University. Series: History and Law 14, no. 3 (2024): 190–99. http://dx.doi.org/10.21869/2223-1501-2024-14-3-190-199.

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Relevance. In the criminal law doctrine, the sign of public danger is defined as fundamental, allowing one to distinguish a crime from other offenses. The increasing complexity of existing legal relations and the unsystematic development of sectoral rule-making call into question this dogmatic judgment. The feasibility of using this characteristic as an unconditional basis for criminalization requires verification.The purpose of the study is to assess the prospects for using the sign of public danger to criminalize an act and distinguish a crime from other offenses.Objectives: study the genesi

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15

Khilyuta, V. V. "Crime and Its Elements: Issues of Doctrinal Assessment." Actual Problems of Russian Law 16, no. 3 (2021): 110–23. http://dx.doi.org/10.17803/10.17803/19941471.2021.124.3.110-123.

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The paper examines the doctrinal problems of crime as the central institution of criminal law. The essence and content of the concept of "crime" and its features are revealed from ontological positions: an act, social danger, wrongfulness, guilt and punishability. A differentiated approach to assessing the wrongfulness and social danger of an act determines the emergence of many concepts of crime and its characteristic elements (features). The legal concept of a crime is based on the fact that the act reflects and characterizes the crime and it is the act that has a set of objective and subjec

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16

Lopashenko, Natalia A., Arina V. Golikova, Elena V. Kobzeva, Darya A. Kovlagina, Mikhail M. Lapunin, and Kazbek M. Khutov. "Public danger of crime: the concept and criteria of verification." Law Enforcement Review 4, no. 4 (2020): 124–40. http://dx.doi.org/10.24147/2542-1514.2020.4(4).124-140.

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The subject. The article reveals theoretical, lexical and logical approaches to determining the essence of the public danger of crime. The purpose of the article is to confirm or dispute hypothesis that the public danger of crime as a legal or theoretical construction represents the possibility of negative changes in society; public danger is an exclusive social feature of criminal acts. The authors also aim to develop a system of verifiable criteria for public danger. The methodology of the research is an objective assessment of the public danger as legal category. It is performed selecting a

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17

Lobanova, Lyubov, and Alexey Rozhnov. "Objective and Subjective in Social Danger of Crime." Logos et Praxis, no. 4 (February 2019): 51–60. http://dx.doi.org/10.15688/lp.jvolsu.2018.4.6.

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Social danger as a sign of crime was traditionally included in its definition in the Soviet criminal laws and is also mentioned in Part 1 of Article 14 of the current version of Criminal Code. However, with considerable attention to legal science, paid to the knowledge of this phenomenon, the social danger is not a fully studied phenomenon. Thus, the dialectic of the relation between the objective and the subjective in the social danger did not receive a uniform resolution. Social danger is the characteristic of human behavior, assessed by other people through their perceptions of the dangerou

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18

Ondar, A. ‑B S. "Public Danger: Problems of Definition." Actual Problems of Russian Law 18, no. 6 (2023): 85–94. http://dx.doi.org/10.17803/1994-1471.2023.151.6.085-094.

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A crime becomes a crime when the public danger is defined properly. The concepts of «public» and «danger» form the basis of the concept of public danger, which is an indicator for the criminalization and decriminalization of an act. The paper provides a lexical and doctrinal analysis of the concept of public danger, its social significance and the problems of developing criteria for its definition in relation to the benefits and human rights. The historical analysis of public danger, its relevance and the need to enshrine it in the current Criminal Code of the Russian Federation require a more

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19

Ishchenko, I. V. "NATURE AND DEGREE OF PUBLIC DANGER OF CRIMES AND UNCERTAIN ACTIVITIES: PROBLEMS OF CONCEPT AND CRITERIA OF DEFINITION." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 3 (2) (2022): 133–47. http://dx.doi.org/10.37279/2413-1733-2021-7-3(2)-133-147.

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The article is devoted to one of the fundamental concepts of criminal law – the social danger of an act. Based on the current state of its scientific development and consistently justifying the answers to the most important debatable questions related to this concept, the author comes to the conclusion that the public danger of a crime is part of a broader and universal concept of «danger to society» and is an objective-subjective, integrative property of criminal behavior of a person, subject to consideration at all stages of its criminal legal assessment and consisting of all legally signifi

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20

Troyanov, Yaroslav Olegovich. "The social danger of cartels and the purpose of their criminalization." Право и политика, no. 2 (February 2025): 36–51. https://doi.org/10.7256/2454-0706.2025.2.69763.

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The recognition of an act as a crime is an expression of recognition of the public danger of such an act. One of the acts prohibited by the Criminal Code of the Russian Federation is the restriction of competition (Article 178 of the Criminal Code of the Russian Federation). Competition is the fundamental idea of a market economy and the basic idea of the long-term development of the state economy and the well-being of citizens in the modern world. In this regard, it is justified not only to support it, but also to protect it from the state. At the same time, questions often arise about the ne

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21

Owen, David. "History illustrates the danger that privatisation poses to haemophilia." Journal of Haemophilia Practice 2, no. 1 (2015): 16–18. http://dx.doi.org/10.17225/jhp.00045.

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Abstract David Owen was Labour Health Minister 1974-76 and now sits as an independent social democrat in the House of Lords. Before entering Parliament he trained as a medical doctor at St Thomas’s Hospital, London, where he was Clinical Neurologist and Psychiatric Registrar. He has championed the NHS throughout its existence and is now a powerful advocate for its reinstatement to its original purpose. In this extract from his 2014 book The Health of the Nation, NHS in Peril, David Owen sets out the consequences of the 2012 Health and Social Care Act for the haemophilia community.

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22

Slepnev, Fedor. "The Insignificance of the Act in Criminal Law and the Social Danger of the Individual." Юридические исследования, no. 10 (October 2022): 43–53. http://dx.doi.org/10.25136/2409-7136.2022.10.38732.

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The article is devoted to the issues of taking into account the social danger of the individual when differentiating minor acts and crimes. The subject of the work is the norms of law governing the institution of the insignificance of an act in criminal law, as well as law enforcement practice that develops in connection with the application of the norms on the insignificance of an act. In the course of the study, the author examines the evolution of Soviet and post-Soviet criminal legislation in terms of the norms governing the insignificance of the act, as well as the legal technique of thei

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23

Korneev, Sergei A., and Julia A. Golovastova. "Public danger in the modern doctrine of criminal law: Inverse development trends." Vestnik of Saint Petersburg University. Law 15, no. 4 (2024): 993–1011. https://doi.org/10.21638/spbu14.2024.405.

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One of the topical and timely directions in the development of criminal law science is the expansion of doctrinal ideas about the essence and content of public danger. Taking into account the influence of socio-political processes on criminal legislation and the practice of its application, a rethinking of the conceptual foundations of the theory of social danger is required. In the work, on the basis of identifying dialectical contradictions, regular trends in the development of social danger as a criminal law phenomenon are determined. Such opposites are recognized as the theory of a sociall

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24

Dolgova, Olga. "The genesis of Russian legislation on the loss of a person or an act of public danger committed by him." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 3 (2022): 145–49. http://dx.doi.org/10.36511/2078-5356-2022-3-145-149.

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The article provides a historical and legal analysis of the provisions of Russian legislation on the loss of public danger by a person or an act committed by him, which formed the phenomenon of Russian criminal law, called a change in the situation. The author comes to the conclusion that the social relations associated with the loss of a person or an act of public danger committed by him are due to historical development. The first provisions are found in such normative legal acts as the Judicial Code of 1497, the Cathedral Code of 1649, the Judicial Code of 1550. The studied legislative expe

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ƏSGƏROV, Ələkbər. "İBTİDAİ İSTİNTAQI HƏYATA KEÇİRƏN ŞƏXSİN HƏYATINA QƏSD ETMƏ, HƏDƏLƏMƏ VƏ YA ZOR TƏTBİQ ETMƏ CİNAYƏTLƏRİNİN TƏRKİBİNİN OBYEKTİV VƏ SUBYEKTİV ƏLAMƏTLƏRİ." Polis Akademiyasının Elmi Xəbərləri 41, no. 1 (2024): 215–25. http://dx.doi.org/10.62130/gjur8842.

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Criminal composition is considered to be a set of features that characterize a socially dangerous act as a crime and are provided for in the criminal law. It is impossible to make a description of the norm that provides responsibility for the act without knowing its constituent features and characteristics. If the concept of crime includes the characteristics of a criminal act, including its social danger, illegality, culpability, and the fact that it should be punished according to its essence, the concept of criminal composition characterizes the system elements of the crime, its object, obj

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Kalashnikova, Elena. "Social Conditionality of Criminal Liability for a Crime Under Art. 226-1 of the Criminal Code of the Russian Federation." Siberian Law Review 17, no. 3 (2020): 356–66. http://dx.doi.org/10.19073/2658-7602-2020-17-3-356-366.

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The article is devoted to theoretical justification for the introduction of criminal prohibitions on criminal assault in the illicit movement of goods, specified in article 226-1 of the Criminal Code of the Russian Federation; the principles and bases of criminalization of smuggling in connection with her increased public danger. The analysis of the main components of social conditionality of criminal responsibility allows us to establish the validity of the introduction of new or existing criminal law norms. The article considers the public danger of smuggling (art. 226-1 of the Criminal Code

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Pustova, N. O. "Decriminalization of criminal offenses in the context of criminal law policy." Analytical and Comparative Jurisprudence, no. 2 (July 24, 2022): 253–58. http://dx.doi.org/10.24144/2788-6018.2022.02.47.

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The article considers the decriminalization of criminal offenses in the context of criminal law policy from the position of current legislation and doctrinal principles. The study used general and private-scientific research methods, analysis, synthesis, formal-legal, logical-semantic, and comparative-legal methods. It is noted that criminal policy is a part of social policy that defines the tasks facing criminal law. One of the ways to implement criminal policy is decriminalization in the form of exclusion of acts as criminally illegal. The content of decriminalization of criminal offenses as

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Dragonenko, A. O. "Social conditioning of norms on criminal liability for domestic violence." Analytical and Comparative Jurisprudence, no. 3 (September 28, 2022): 190–93. http://dx.doi.org/10.24144/2788-6018.2022.03.34.

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The scientific article is devoted to a comprehensive study of the theoretical and practical aspects of the features of criminal prosecution for domestic violence. The issue of committing is a domestic violence considered relevant in the theory of criminal law. The paper analyzes the national legislation of Ukraine and the practice of its application, the views of scientists and the clarification of the higher court about the variability qualifications of domestic violence. There is a public danger of domestic violence, which is reflected in the norms of the national and international leg

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KARTASHOV, Sergey V. "On the issue of the composition of a crime associated with illegal enterprise (Article 171 of the Criminal Code of the Russian Federation) in the light of criminalization and decriminalization theory." Current Issues of the State and Law, no. 1 (2022): 39–51. http://dx.doi.org/10.20310/2587-9340-2022-6-1-39-51.

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The research is focused on the fact that illegal enterprise is characteristic of the whole world. At the same time, the informal sector of the economy accounts for 10 to 20 % of gross domestic product in developed coun-tries and about 60 % in emerging economies. We indicate that the Criminal Code of the Russian Federation re-flects responsibility for illegal enterprise in Article 171. We emphasize that there is a discussion at the doctrinal level about the expediency of having this corpus delicti. The purpose of the study: to analyze the (un)foundedness of the criminalization of corpus delicti

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Shilekhin, Konstantin Evgenevich. "Evidence of administrative violations in the area of taxes and duties." Административное и муниципальное право, no. 1 (January 2020): 46–54. http://dx.doi.org/10.7256/2454-0595.2020.1.31844.

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The subject of this research is the normative legal acts, scientific literature, and case law materials reflecting the evidence of administrative violations. Covering the problem, the author notes the flaws in the existing legislation on administrative liability, using external (formal) sign to characterize a particular act as a legal violation or an offence. Underlining the flaws of such approach, special attention is paid to the search for the evidence of administrative violation, which allows characterizing the essence of the act. In the course of this research, the author applies scientifi

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Chhabra, Shakuntala, Roger Strasser, and Hoi F. Cheu. "Social Responsiveness: The Key Ingredient to Achieve Social Accountability in Education and Health Care." Education for Health 36, no. 2 (2023): 76–79. http://dx.doi.org/10.4103/efh.efh_285_22.

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ABSTRACT While social accountability (SA) is regarded as an obligation or mandate for medical school administration, it runs the danger of becoming a bureaucratic checkbox. Compassion which leads to social responsiveness (SR), in contrast, is often recognized as an individual characteristic, detached from the public domain. The two, however, complement each other in practice. Institutions must be truly socially accountable, which is possible if there is spontaneous SR to the needs, and is fueled by compassion. Compassion in this article is defined as a “feeling for other people’s sufferings, a

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Dockery, Terry M., and Arthur G. Bedeian. "“ATTITUDES VERSUS ACTIONS“: LAPIERE'S (1934) CLASSIC STUDY REVISITED." Social Behavior and Personality: an international journal 17, no. 1 (1989): 9–16. http://dx.doi.org/10.2224/sbp.1989.17.1.9.

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LaPiere's (1934) seminal research into the attitude-behavior relationship has been commonly misinterpreted as pointing out a discrepancy between attitudes and behavior. In fact, the actual discrepancy uncovered was between true attitudes – the tendency to act in a certain way – and that which is measured by an attitude questionnaire. LaPiere's primary concern was to point out the danger of assuming that questionnaire-assessed “attitudes” lead to actual behavior in specific situations. The present paper theoretically and methodologically critiques LaPiere's classic study.

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Zaharov, M., I. Starovoytova, and Anastasiya Shishkova. "Social Gift as an Act of Communication: the Problem of Digitalization." Scientific Research and Development. Modern Communication Studies 9, no. 3 (2020): 17–22. http://dx.doi.org/10.12737/2587-9103-2020-17-22.

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Based on the study of modern domestic and foreign literature, the article reveals a variety of methodological approaches to the phenomenon of social gifting. The structure, essence, stages and functions of the gift act are analyzed. It is shown that a social gift is a non-verbal means of communication, a carrier of encoded information about the gift giver, the gift acceptor and the gift situation itself, aimed at establishing, maintaining and strengthening long-term social ties. The informational and symbolic effects of gift are disclosed, it is said about the change in the communication prope

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Pustova, N. O. "Decriminalization of criminal offenses in the context of criminal law policy." Analytical and Comparative Jurisprudence, no. 1 (July 2, 2022): 297–302. http://dx.doi.org/10.24144/2788-6018.2022.01.68.

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The article considers the decriminalization of criminal offenses in the context of criminal law policy from the position of current legislation and doctrinal principles. The study used general and private-scientific research methods, analysis, synthesis, formal-legal, logical-semantic, and comparative-legal methods. It is noted that criminal policy is a part of social policy that definesthe tasks facing criminal law. One of the ways to implement criminal policy is decriminalization in the form of exclusion of acts as criminally illegal. The content of decriminalization of criminal offenses as

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Roland-Lévy, Christine, Ruxanda Kmiec, and Jérémy Lemoine. "How is the economic crisis socially assessed?" Social Science Information 55, no. 2 (2016): 235–54. http://dx.doi.org/10.1177/0539018416629228.

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Based on the Social Representation Theory, the purpose of this article is to explore how lay-people consider both the economic crisis and risk, and to link these social representations to behavior. The article offers an original approach with the articulation of two studies about the social construction of risk and crises. It also contributes to the development of research methods for studying the connections between representations and practical implications. Based on this, the impact of the social representation of the crisis on the perceived ability to act is approached. The first study foc

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Antonov, Anton G., Elena A. Zorina, and Dmitry V. Kryukov. "On the public danger of illegal access to computer information." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 5–16. http://dx.doi.org/10.17223/22253513/44/1.

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The article examines the public danger of unauthorised access to computer information, including the nature of the damage caused by such an act to social relations and the threat of its infliction. The authors of the article consider that consequences of illegal access to computer information, such as copying, blocking, modification or destruction are not always socially dangerous. Public danger of this crime lies in its "cumulative effect" - its ability to cause damage to other objects of criminal protection. At the same time, the nature and degree of social danger of encroaching on informati

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Karavaeva, Yulia S. "Criminally significant legal states of a special subject of a crime: A normative projection of a person’s dangerous state or their social danger?" Ugolovnaya yustitsiya, no. 23 (2024): 17–24. https://doi.org/10.17223/23088451/23/3.

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Some of the attributes of a special subject of a crime in the Special Part of the Criminal Code are rendered as continuing states, mandatory for the qualification of a crime. The legal nature of such attributes can be studied by referring to the concept of legal states developed within the general theory of law. Today, its proponents recognize legal states as independent types of legal facts acting as a normative projection of people’s socially significant states. The Special Part of the current Criminal Code uses some of the corresponding attributes to criminalize acts, for example, the somat

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Joldasbaevna, Otegenova Luiza. "THE DIFFERENCE BETWEEN NECESSARY DEFENSE AND EXTREME NECESSITY." American Journal of Political Science Law and Criminology 04, no. 10 (2022): 66–71. http://dx.doi.org/10.37547/tajpslc/volume04issue10-10.

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This article analyzes the difference between necessary defense and extreme necessity. In addition, the article analyzes the social danger and wrongfulness of an act committed by an arrested person for causing harm during the detention of a person who has committed a crime, the harm caused to him is associated with specific circumstances and does not deviate from the limits of actions necessary for detention.

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Sukhova, I. N., and R. R. Gedugoshev. "The degree of social harmfulness (danger) of an act as the main criterion of an administrative offense." Закон и право, no. 2 (2023): 106–8. http://dx.doi.org/10.56539/20733313_2023_2_106.

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Pustova, N. O. "Principles of decriminalization of criminal law prohibitions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 278–82. http://dx.doi.org/10.24144/2307-3322.2021.65.51.

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The article deals with the principles of decriminalization of measures of criminal law influence based on a comprehensive system analysis. It is noted that the main direction of criminal law policy is the decriminalization of acts that determine the object of such policy influence. The principle of sufficient social danger implies that the act causes significant harm to the public interest. The principle of the possibility of a positive impact of non-criminal law prohibitions on human behavior involves settling the issue of effective counteraction to the act. The principle of the relative prev

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Poshelov, P. V. "The Public Danger of the Rehabilitation of Nazism." Proceedings of Southwest State University. Series: History and Law 13, no. 5 (2023): 65–74. http://dx.doi.org/10.21869/2223-1501-2023-13-5-65-74.

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The relevance of the article lies in the fact that the crime provided for in Article 354.1 of the Criminal Code of the Russian Federation still raises questions from the point of view of the expediency of criminalization. The dynamics of the number of convicts over the past two years shows a sharp increase compared to previous years, which indicates the activation of persons promoting Nazism, as well as the intensification of the work of law enforcement agencies. Knowing what the social danger of the rehabilitation of Nazism is will help both the legislator (in terms of criminalizing new, rela

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Baida, Anton. "Social and criminological factors in the introduction of criminal liability for disclosure of medical secrets." Law and innovative society, no. 1 (22) (2024): 64–74. http://dx.doi.org/10.37772/2309-9275-2024-1(22)-6.

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The article examines the social and criminological factors of criminalization of disclosure of medical secrets. Social factors show that criminalization of unlawful disclosure of medical secrets is in line with the main trends of state and public. The social factors are also determined by the importance of relations that ensure the protection of information on the health status of a person, the intimate and family aspects of his/her life. It is found that scientific and technological progress in medicine gives rise to new phenomena that require their own ethical guarantees. Of particular impor

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Олішевський, О. В. "Поняття «суспільно небезпечна особа»". Форум права, № 4 (10 жовтня 2017): 159–63. https://doi.org/10.5281/zenodo.1162663.

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Виділено існування терміну «суспільно небезпечна особа» в кримінальному законодавстві України. Проаналізовано розуміння суспільної небезпечності діяння. Визначено поняття «суспільно небезпечна особа» та «суспільна небезпечність особи». Окреслено критерії оцінки такої особи. Выделено существования термина «общественно опасное лицо» в уголовном законодательстве Украины. Проанализировано понимание общественной опасности деяния. Определены понятия «общественно опасное лицо» и «общественная опасность лица». Обозначены критерии

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Volodina, Oksana О., Viktoriia V. Haltsova, and Sergiy O. Kharytonov. "SOCIAL DANGER OF DOMESTIC VIOLENCE AND THE NEED FOR REHABILITATION OF ITS VICTIMS." Wiadomości Lekarskie 73, no. 12 (2020): 2895——2901. http://dx.doi.org/10.36740/wlek202012232.

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The aim: To investigate the social danger of domestic violence, find out its principal manifestations, consequences, and impact on women and minors' health. Based on the acquired knowledge, to suggest ways to overcome this problem, which will minimize the consequences of domestic violence. Materials and methods: The authors studied and analyzed international legal acts, Ukraine's legislation, and scientific publications on domestic violence. The method of statistical processing of analytical data of the World Health Organization (hereinafter - WHO), the Institute of Demography and Social Resea

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Barnes, Carole Wolff, Rodney Kingsnorth, and Tina Hodgins. "The 1984 Bail Reform Act: Organizational and Mandated Factors in the Decision to Detain." Criminal Justice Policy Review 3, no. 3 (1989): 257–78. http://dx.doi.org/10.1177/088740348900300303.

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The 1984 Bail Reform Act, recognizing danger as well as flight as a reason for detention before trial and providing for explicit detention, offers an opportunity to evaluate the effects of more precise guidelines on the release/detention decision and to determine the relative importance of legal variables, community lies and other social background variables to that decision. In this study, that evaluation takes place in a jurisdiction with a new pretrial services agency. Release on own Recognizance (ROR) rates increased significantly, in conjunction with an even greater increase in the use of

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Bernike*, Diarola, and Christian Andersen. "Presence of Age Restrictions for Children to Have Social Media Accounts in Law Number 27 of 2022 Concerning Personal Data Protection." Riwayat: Educational Journal of History and Humanities 6, no. 1 (2023): 23–28. http://dx.doi.org/10.24815/jr.v6i1.29208.

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Social media offers many offers to its users entertainment media, social media, life-styles media, business media, educational media. But despite the many attractions offered on social media there is danger. One social media user is a minor who is particularly susceptible to the dangers on social media. Thus was born the 27th 2022 year law on personal data protection, through which through these invitations it is hoped that children will be under the age of a minor and more fair protection from a child's parents. As for the method of research used in this study is normative-juridical. Studies

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Lobanova, Lyubov. "Measure of Social Danger of the Act as the Basis for Interbranch and Branch Differentiation of Legal Liability." Logos et Praxis 16, no. 4 (2017): 126–33. http://dx.doi.org/10.15688/lp.jvolsu.2017.4.14.

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Khilyuta, Vadim V. "Basis of criminal legal protection (or to the issue of criminalization of a deed in criminal law)." Current Issues of the State and Law, no. 4 (2023): 620–28. http://dx.doi.org/10.20310/2587-9340-2023-7-4-620-628.

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The issue of the essence of criminalization in criminal law is considered. The vectors of criminalization of social relations development are defined. The aim of the research: to determine the criteria of criminalization of social relations in modern conditions and characterize the system of criminal law measures in the structure of criminal law. When conducting the research, traditional methods of socio-legal and formal-dogmatic analyses are used: documentary, historical and legal, analytical, systemic, logical. According to the study results, we state that criminal law of the classical type

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Karpagam, Sylvia. "KPHA 2023 should explicitly include state accountability: Response to Fernandez et al." Indian Journal of Medical Ethics 9, no. 3 (2024): 232–33. http://dx.doi.org/10.20529/ijme.2024.044.

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The commentary “Public health ethics and the Kerala Public Health Act, 2023" published on January 27, 2024 in the Indian Journal of Medical Ethics (IJME) has received a response from members of the State Health Systems Resource Centre and Government Medical College, Malappuram, Kerala. They explain that the Kerala Public Health Act (KPHA) is a legal document and not required to explicitly include accountability mechanisms and social obligations of the state. Given the very real danger of state over-reach as was evident during the Covid pandemic, these checks and balances should, in fact, be no

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Lisniak, Viktoriia. "ON PUBLIC DANGER AS A FACTOR OF CRIMINALIZATION (DECRIMINALIZATION) OF VIOLATION OF THE ESTABLISHED RULES OF CIRCULATION OF NARCOTIC DRUGS." PUBLIC ADMINISTRATION AND LAW REVIEW, no. 3 (October 1, 2020): 119–27. http://dx.doi.org/10.36690/2674-5216-2020-3-119.

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The article examines the problem of social conditionality of criminal legal prohibition. The phenomenon of public danger is analyzed as a factor of criminalization (decriminalization) of violation of the established rules of circulation of narcotic drugs, psychotropic substances, their analogues or precursors intended for the production or manufacture of these drugs or substances. The aim of the article: to establish the existence or lack of social conditionality of criminal liability for the violation of established rules of circulation of narcotic drugs, psychotropic substances, their analog

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