Inevitability Of Punishment Research Articles

Правовой нарратив в легенде о Ромуле

Introduction: the article analyzes the legal significance of the legend about the founding of Rome as illustrated by the episode concerning the murder of Remus, brother of Romulus. This myth, as a legal narrative, preserved the description of facts that corresponded to the logic of Roman criminal law and were constantly updated in the public consciousness. Purpose: the article attempts, from the stance of postclassical jurisprudence, to reconstruct the legal reality of ancient Roman society and the Romans’ understanding of the death of Remus, to analyze the reasons for the stability and the development stages of the narrative tradition. Results: the episode of fratricide, reflected in most ancient sources, is contextually connected with public legal consciousness, which, throughout most of the Roman history, did not condemn Romulus. The symbolic interpretation of the legend is insufficient since it does not take into account the normative enshrinement and positivation of the mythological plot in the Digests. The narrative does not contain a detailed description of the ritual, and therefore Rem’s death cannot be considered a sacrifice. The analyzed legend reflects the process of establishing ancient Roman legal norms, and its content is more of legal than of religious or allegorical nature. Conclusions: the narrative about the death of Remus can be recognized as a source of archaic law. Its regulatory content was expressed in the prohibition to get over the walls or ditch surrounding the city, which served to preserve Roman society and supported the idea of law and order and the inevitability of punishment. The ban itself as well as the sanction for violating it were publicly proclaimed. The preservation of the narrative tradition is explained by the focus on repeated application of the described rule, the violation of which was punished regardless of blood relationship. The myth of Romulus and Remus initially legitimized the archaic criminal law norm, giving it the properties of publicity, universality, and obligation. Evolving in dialogue with the audience, this legend acquired the properties of a metanarrative that personified the inviolability of Roman laws and created the principles of the entire system of Roman public law.

PREVENTIVE MEASURES OF PROBATION REGARDING JUVENILE OFFENDERS

Juvenile justice is increasingly perceived as a system of preventing the causes of juvenile crime in Ukrainian society. This leads to the modernization of the system of crime prevention among children. Many options were proposed to improve domestic preventive measures based on a critical analysis of the preventive components of juvenile delinquency prevention. The main task of this article is to highlight the problems of the probation service and to consider and analyze the preventive measures of probation for juvenile offenders. According to the Law of Ukraine "On Probation" probation is a system of supervisory and social-educational measures applied by a court decision and in accordance with the law to convicts, execution of certain types of criminal punishments not related to deprivation of liberty, and providing the court with information, which characterizes the accused. The purpose of probation is to ensure public safety by correcting offenders, preventing them from re-offending, and providing the court with information about the characteristics of the accused in order to determine their level of responsibility. The main principles of probation: justice, legality, the inevitability of punishment, respect for the rights and freedoms of citizens, respect for human dignity, equality before the law, confidentiality, impartiality, cooperation and interaction of state and local self-government bodies. Therefore, the probation system should be part of the juvenile justice system, as a set of measures that can be applied to a person found guilty, if he is sentenced to a certain term of imprisonment or other responsibility, in order to establish certain limits and obligations regarding the offender for the purpose of social rehabilitation. Therefore, the probation system should be a part of the juvenile justice system as a set of measures that are applied to a person found guilty by the courts of committing a crime. In recent years, the state authorities of Ukraine, scientists and individual public organizations have taken serious steps towards the implementation of state policy in the field of criminal-executive relations. In this area, many normative legal acts and legislative initiatives have been adopted. Several draft laws on the humanization of criminal law have been submitted to the Verkhovna Rada, including through the introduction of probation. The results of the research show that the complexity of the resocialization process requires special knowledge of psychology and social work from probation officers.

Механізми реалізації державної енергетичної політики: теоретико-методичні засади

Досліджено теоретико-методичні засади державної енергетичної політики. Розглянуто різні наукові погляди та методичні підходи щодо визначення сутності та змісту державної енергетичної політики. Визначено сутність та зміст державної енергетичної політики. Виокремлено механізми реалізації державної енергетичної політики.

ВІДШКОДУВАННЯ ШКОДИ, ЗАВДАНОЇ НЕЗАКОННИМИ ДІЯМИ, РІШЕННЯМИ ТА БЕЗДІЯЛЬНІСТЮ ОРГАНІВ, ЩО ЗДІЙСНЮЮТЬ ОПЕРАТИВНО-РОЗШУКОВУ ДІЯЛЬНІСТЬ, ДОСУДОВЕ РОЗСЛІДУВАННЯ, ПРОКУРАТУРИ І СУДУ В УМОВАХ ВОЄННОГО СТАНУ

The article is a research of compensation specifics for damage caused by illegal actions, decisions and inactions of bodies that carry out operational and investigative activities, pre-trial investigation, the prosecutor's office and the court in the condition of war, as well as the risks of violation of rights, that is typical in that period. Condition of war is a special legal regime that is providing by the relevant authorities to repel armed aggression and ensure national security. In this regard, it is temporarily possible to limit the constitutional rights and freedoms of a person and a citizen due to a threat, with an indication of the period of validity of these restrictions. It was established that the most important human rights and freedoms can not be restricted even in condition of war. The functioning of the criminal justice system in the conditions of an armed conflict did not affect the procedure and criteria for compensation the damage caused to a citizen by investigative bodies, pre-trial investigation bodies, the prosecutor's office and the court. At the same time, the peculiarities of the socio-political situation in the state led to the appearance or strengthening of risks that led to violations of human and citizen rights. The consequences of such violations, in frames of criminal proceedings, may be the cancellation of sentences and the avoidance of responsibility by criminals, a large burden on the state budget of Ukraine, which is leads to a danger for national security in the condition of war and further - during the recovery period, as well it leads to a material consequences for certain officials. Considering these risks and implementing targeted measures aimed at their prevention, both at the level of individual employees and at the level of the criminal justice system, is an important tool of ensuring human rights, the inevitability of punishment and national security.

THE PHENOMENON OF ORIENTALISM IN THE LITERATURE OF THE EARLY ENGLISH ROMANTICISM (XVIII-XIX CENTURIES)

In the eighteenth century, English interest in exploring the Eastern world had increased tremendously. Orientalism was recognized as a cultural phenomenon and it had a great influence on architecture, gardening, art and literature as well. As for the poets and writers, the oriental environment created a different mood and new modes of expression that inspired them to compose works with the eastern motifs. The main contribution of Orientalism to English literature was a distraction of the poets’ mind from outdated ideas and filling it with fresh views. In the first half of Romanticism, the authors portrayed bad manners that belonged to their own culture in satirical verses with the help of oriental peculiarities. During this period, drama plots depicted the inevitability of punishment for sinners and disgusting things. But in the next part of the eighteenth century, poets focused their attention mainly on the exotic and mysteriousness of the East. Therefore, in order to present Oriental features, there was a strong need for fresh shapes, ornaments and figures that had never been used before. On the stage, the fondness for pantomimes and melodramas became progressively greater. In English Romantic literature, dramas appeared with completely ornamented customs and fanciful decorations. Through this article, while reviewing the main features of the European Enlightenment, it is possible to understand some of the factors that led to the emergence of the Romantic movement and the differences between the two trends. In the literature of the Enlightenment, it is logic and reason that are more important than other elements, and there is almost no emphasis on romantic-based sentiments. According to the ideas of the Enlightenment, a person and his/her relationships, his/her place in society, should be formed, first of all, in line with a scientific point of view. In the history of the Romantic period, it was firmly believed that impartiality was not only a wish, that could be achieved. Representatives of this period avoided the idea that it was preferable to worry about the economic infrastructure of a country with new resources, techniques and capital, rather than subjective feelings, observations about nature and creative inclinations. Literary works on political and economic themes also reflected the priorities and values of the time. In the same way, philosophical works shed light on the problems of their time and are based on the experience of humanity, along with the personal thoughts of the creators.

EKOLOGIYA SOHASIDAGI JINOYATLAR OBYEKTIV BELGILARI VA O‘ZIGA XOS XUSUSIYATLARI: TAHLIL VA TAKLIF

In this article, such research methods were widely used as logical, systemic, comparative legal. In particular, the article explains in detail such concepts as in the sphere of environmental, general environmental crimes and special environmental crimes crime, gives the opinions of scientists about the signs of a crime, such signs as the social dangers of a crime, illegality, delinquency and inevitability of punishment. It also highlights the necessary signs of a crime, the opinions expressed by scientists in the theory of criminal law about these signs, and then the elements of the corpus delicti and the objective signs of the corpus delicti that characterize these elements are consistently described. This reflects the views and ideas of not only scholars of the Romano-Germanic legal family, but also scholars of the Anglo-Saxon legal family. In addition, the main attention in this article is paid to theoretical and practical problems related to the criminal-legal value of the subjective and objective signs of a crime and its specific criminal-legal aspects, as well as the necessary and optional signs of the corpus delicti of some crimes listed in the Criminal Code of the Republic of Uzbekistan. At the same time, the criminal legislation of the United States, Great Britain, Canada, Japan and the Russian Federation is analyzed, in connection with which specific proposals and recommendations have been developed for improving the criminal legislation of the Republic of Uzbekistan.

Transformation of the Image Status of the Penal System in the Context of the Cyclical Political Genesis of Russia

Introduction: being a structural and functional element of the state mechanism (a kind of “state within the state”), the prison system is transforming along with it. Accordingly, the image status of the prison itself and representatives of “prison authorities” and “prison population” is also changing. We bring to the fore the problem of understanding the term “system” in the context of the image status of the social system in general and the penal system in particular. We highlight the formation of semantic images and image statuses on the example of three social institutions (school, army, prison), which are similar in terms of parametric characteristics and functioning and qualitatively different in image status. The article comprehensively examines the bipolar image of the penal system: on the one hand, prison is inextricably linked with human misfortune, an evil that cannot be treated positively; on the other hand, as an instrument of state law enforcement policy, the prison guarantees the inevitability of punishment for a crime, ensuring the execution of punishment, protecting law-abiding citizens, which is a good thing for society and the state. Research materials and methods: the features of formation and functioning of the image status of the Russian penal (“prison”) system are considered in the context of the concept of cyclic political genesis. In accordance with this concept, in relation to the history of the unified Russian state, three cycles should be distinguished (imperial, Soviet, post-Soviet). Within the framework of each, Russia was represented by qualitatively different forms of state government, economic order, social structure, etc. At the same time, in such “different” Russian states, there were different models of prison systems, the formation and functioning of which, as well as the transformation of the image status, was carried out under the influence of state prison policy and under the influence of public consciousness (national mentality). Results: the current state of the Russian penal system can be described as transitional. Along with the legacy of the “Soviet past”, we observe serious changes proceeding from democratization and humanization of the political and legal system of the Russian Federation. Transformation of the image of the penal system is aimed at increasing the level of openness and forming a positive opinion about the functioning of the penitentiary system (the Concept for development until 2030). It is important that in the public consciousness the image of the penal system as a predominantly punitive prison system gradually be replaced by the idea of it as a penitentiary system, which is concerned primarily with “revival of the essence of humanity” in a person through awareness and repentance. As for the image status of employees of the penal system, the state can optimize it first of all by equalizing their official status with that of military personnel and special services employees, who, like representatives of the prison system, serve the Russian state, but are in a privileged position in relation to them. Increasing the prestige of the service in the penal system in the eyes of actual or potential employees implies the rejection of such differentiation.

Current Aspects for Searching and Returning Assets: Problems and Perspectives for Ukraine

Numerous acts of corruption by high-ranking officials and abuse of power over the past ten years have been accompanied by large-scale withdrawals of illegally obtained funds from Ukraine abroad. Therefore, the strategic goal of the government was to build an effective system for searching and returning illegally obtained assets.
 The process of forming a system of special state agencies in the field of returning illegally obtained assets has recently covered the criminal procedural direction, while the work with such assets starting from their search up to return, can be carried out during civil proceedings.
 The work on searching and returning illegally obtained assets to Ukraine is currently characterized by increased complexity and lack of efficiency due to the imperfection of existing procedures and the constant improvement of the methods to remove them from the country.
 The general mechanism for returning corrupt assets is based on the requirements of the criminal procedural legislation of Ukraine and provides three stages: registration of criminal proceedings; sending an official appeal to the governments of foreign states with a request to freezing the assets; sending the request to initiate criminal proceedings related to the misappropriation of assets. All stages of this mechanism may have difficulties and obstacles due to shortcomings in the legislation on these issues and cooperation with foreign law enforcement agencies.
 The world practice of returning corrupt assets also indicates that the successful return of withdrawn assets requires the compliance with a number of conditions: the presence of political will of the state leadership to return assets; sufficient level of national legislation and its compliance with international standards; availability of the necessary internal potential of state agencies; establishment of interagency cooperation; taking into account the peculiarities of the legal systems of interacting countries; availability of international support.
 This is the reason why the formation of the system for searching and returning illegally obtained assets, creation of the necessary legislative preconditions and establishment of effective international cooperation are the priority tasks of the state. Proper functioning of such a system will demonstrate the inevitability of punishment for corruption crimes, will eliminate the sense of taking assets out of the country and, consequently, will help to prevent corruption crimes and offenses, will stabilize the economy by recovering illegally obtained funds.

Anti-Corruption Education in the Activities of Prosecutors and Peculiarities of its Legal Regulation

Corruption is one of the most pressing problems and real threats to the national security of every state, including Russia. The Prosecutor’s Office of the Russian Federation plays a key role in the fight against corruption. One of the most effective ways to counter this antisocial phenomenon is prevention. The author proposes the concept of "anti-corruption education", which is unusual for the legislation on the prosecutor’s office and prosecutorial practice, in relation to the activities of prosecutors, defines the concept and explains the main directions, forms and methods. Two main areas of this prosecutor’s activity are indicated: 1) anti-corruption education of prosecutors themselves; 2) anti-corruption education (including within the framework of legal informing the population) of other persons. The author examines thier content, identifies common problems and proposes solutions. The specific features of anti-corruption education within the framework of the system of professional training and advanced training of prosecutors are analyzed separately. The paper explains the role and positive value of legal education and legal information as effective tools of anti-corruption education of citizens. Based on the analysis of the practice of prosecutorial activities, the authors noted the demand for active anti-corruption informing of the population, increasing the anti-corruption legal awareness of citizens (especially young people). The paper elucidates the effectiveness of organizing and conducting thematic lectures and other meetings, contests and other game forms of interaction, combining the efforts of the prosecutor’s office with civil society institutions. The potential of anti-corruption informing citizens with the help of Internet resources and the achievements of computer technologies is characterized. Attention is drawn to the expediency of such work in the framework of the implementation of special documentary films and feature films projects devoted to the activities of the prosecutor’s office. The author highlights the importance of anti-corruption education through active and purposeful interaction with the media, including interaction carried out in order to form citizens’ convictions about the inevitability of punishment for corruption crimes. The conclusion is substantiated that the prosecutor who carries out anti-corruption education must certainly meet high moral requirements and be distinguished by an impeccable reputation.

Телеологические амбиции уголовного процесса

The article is devoted to the issues of goal-setting in criminal proceedings. The authors believe that a special element of the legal technique of goal-setting at the level of the law is the method of forming the super-tasks of the criminal process. The authors called this technique «teleological ambitions of criminal justice». It is through this technique that the legislator confirms his commitment to the principle of the inevitability of punishment (responsibility).

المضامين التربوية في نونية أبي الفتح البستي

هدف البحث إلى استنباط المضامين التربوية في نونية أبي الفتح البستي، وذلک من خلال بيان الأساس الفکري للتربية المتضمن في القصيدة، والتعرف على المبادئ والقيم التربوية الناظمة لعلاقة المربي والمتربي من خلال القصيدة، والکشف عن الأساليب التربوية المتضمنة فيها. واعتمد الباحث لتحقيق أهداف البحث على المنهج الاستنباطي. وقد توصل إلى جملة من النتائج، أبرزها: أن الخلفية العقدية والفکرية لأبي الفتح البستي أسهمت في تشکيل آرائه التربوية، فتجدها تنبع من مصادر التربية الإسلامية، کما أبان البحث عن أساس التربية الفکري في القصيدة من خلال صياغة نظرته للطبيعة الإنسانية بمکوناتها الثلاثة (الجسم والعقل والروح) وأن التقوى مصدر استمداد الکرامة، والتغيير للطباع هو جوهر التربية ولبها، ونظرته للحياة کونها مجبولة على الفناء، وتفاوت معاييرها المادية عن المعايير الأخروية، وحرية العمل فيها المقرونة بمسؤولية الجزاء وحتميته. وقد کان من أبرز المبادئ الموجهة لعلاقة المربي بالمتربي في القصيدة: تقوى الله والاستعانة به والذي يمثل الزاد الإيماني للمربي، ومراعاة الفروق الفردية، وحفظ خصوصيات المتربين، والتفاؤل وفتح الأمل لهم، والاستشارة، والفصاحة في القول، وحفظ المعروف، وطلاقة الوجه، والاستغناء عن الناس، والتخفف من الأحزان. ومن أبرز القيم الناظمة لعلاقة المربي بالمتربي المتضمنة في النونية: الإحسان، والتعاون، والتعايش، والقناعة، والعدل، والتأني، والرفق، والعطاء. کما توصل البحث إلى الأساليب التربوية التي وظفها الناظم، وهي: أسلوب التشويق والإغراء بالمحتوى التربوي، وضرب المثل، والموعظة، والتواصي بين المربين. The research aimed to derive the educational implications in Nuniyah Abi Al-Fath Al-Bosti, by explaining the intellectual basis for education included in the poem, and identifying the educational principles and values that regulate the relationship between the educator and the learner through the poem, and revealing the educational methods included in it. The researcher used the deductive approach. The results showed that the ideological and intellectual background of Abu Al-Fath Al-Bosti contributed to the formation of his educational views, so you find them emanating from the sources of Islamic education. The research revealed the basis of intellectual education in the poem showed through the formulation of his view of human nature with its three components (body, mind, and spirit) and that devoutness is the source of deriving dignity, change of character is the essence of education, his view of life as being created to perishability, its material standards differ from eschatological standards and the freedom to work in it coupled with the responsibility and inevitability of punishment. Among the most prominent principles guiding the relationship between the educator and the learner in the poem: the fear of God and seeking his help, which represents the provision of faith for the educator, the consideration of individual differences, maintaining the learners’ privacy, the optimism and providing them with hope, advice, and eloquence, retaining favor, cheerfulness, dispensing with people, and relieve sorrows. Among the most prominent values that regulate the relationship between the educator and the learner included in the Noniyeh are: charity, cooperation, coexistence, contentment, justice, patience, kindness, and giving. The research also found the educational methods employed by the poet, namely: the method of suspense and persuasion, giving an example, preaching, and consolation among educators.

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The article analyses the scientific approaches of scientists to the evolution, essence and features of the concept of �responsibility�, �social responsibility�, �legal responsibility�. It is stated that responsibility is determined by the level of development of public consciousness, the level of social relations, existing social institutions. Liability as a social phenomenon can be manifested both in a positive way � receiving a reward, and in a negative - for committing offences. The classification of responsibility as a social phenomenon depends on the sphere of social activity, in connection with which political, moral, social, legal and other types of responsibility are distinguished. It is theoretically substantiated that legal responsibility differs from other types of social responsibility by formal definition, obligatory observance of legal norms, state control over their execution, application of state coercion to the offender, prevention of offences and protection of law and order. The degree of responsibility in public and private legal relations is determined. Public torts (crime and misdemeanor) are analysed, problematic issues are outlined and suggestions for their improvement are provided. Types of legal liability for committing offences (torts) are considered. Emphasis is placed on the fact that responsibility is a necessary condition for the development and effective functioning of the state, its effectiveness depends on the mechanisms of responsibility to the individual and is determined by the level of social consciousness, the level of social relations, existing social institutions. The key task of accountability is the fair application and inevitability of punishment. Today, the real threat to national security is a theoretically unfounded amendment of the legislation on liability for offenses. Chaotic, unsystematic accumulation of blanket norms in the basic codes, introduction of new definitions and definitions in the legislation on criminal liability, misunderstanding of the essence of disciplinary liability for misdemeanors, creation of new bodies carrying out administrative activities carried out in the field of other state bodies. This has led to real irresponsibility of government officials and vulnerability of citizens from illegal actions of offenders. The Constitution of Ukraine states that a person may be liable only for offences defined by law. The law must be clear and effective. Punishment is just and inevitable. However, the law will be effective only when it will contain all the components of the rule of law: the hypothesis is usually a behaviour; disposition - violation of this rule; sanction - punishment for violation.

ОСОБЛИВОСТІ ПРИТЯГНЕННЯ ВОДІЇВ ДО АДМІНІСТРАТИВНОЇ ВІДПОВІДАЛЬНОСТІ ЗА СТ. 124 КУпАП У КОНТЕКСТІ ПОШКОДЖЕННЯ СКЛАДОВОЇ ОБ’ЄКТІВ ДОРОЖНЬОГО СЕРВІСУ: ПРОБЛЕМИ ТА ШЛЯХИ ВИРІШЕННЯ

Динамічний розвиток суспільних відносин, зокрема на транспорті, вимагає негайних та вчасних нормативно-правових удосконалень. Це необхідно перш за все для недопущення порушення правоохоронними органами Конституції та законів України в процесі правозастосовної діяльності. Досить часто судді через нормативну неврегульованість аспектів суспільних відносин застосовують наявні в законодавчій базі норми права, які за певних безпрецедентних обставин справи не підлягають застосуванню, хоча є, на перший погляд, правильними. Наявні прогалини в нормативно-правових актах порушують основоположні принципи відповідальності винуватих осіб, зокрема перестає діяти принцип «невідворотності покарання», що є началом формування в суспільстві нігілістичних настроїв, стереотипів аномії. У цій роботі розглянуто факти недотримання судами завдання провадження у справах про адміністративні правопорушення у сфері забезпечення безпеки дорожнього руху, головним із яких є недотримання вирішення справи чітко відповідно до закону, а також шляхи вирішення цієї проблеми. Проаналізувавши ситуації щодо відриву (пошкодження) заправного пістолета на автозаправній станції водіями транспортних засобів через життєві фактори (неуважність, квапливість та ін.), ми виявили вади в правозастосовній діяльності поліцейських, які на місці пригоди кваліфікують дії винуватця як дорожньо-транспортну пригоду. Після процесуального оформлення цього делікту матеріали адміністративної справи, за підвідомчістю, направляються на розгляд до суду першої інстанції, де судді, неправильно оперуючи правилами чинного законодавства, помилково застосовують норми матеріального права та порушують процесуальну норму. Наслідком цього є порушення основоположного принципу «верховенства права», положення якого закріплені в ст. 8 Конституції України.

ON THE ESSENCE AND GENESIS OF LEGAL NIHILISM AND THE POSSIBILITIES OF ITS OVERCOMING

Problem setting. When the defining word «legal» is added to the concept of «nihilism», new meanings arise, which requires checking how correctly this phrase is used in legal sciences. To preserve statehood, it is important to understand the essence and genesis of legal nihilism.
 Recent research and publications analysis. Despite the presence of attention to this important problem, both in the domestic and foreign literature devoted to the problems of law, there is still enough uncertainty in understanding the essence and causes of legal nihilism, which requires clarification and correction.
 Paper objective. It is necessary to clarify the meaning of the concept of «legal nihilism» by comparing this phenomenon with various forms of manifestation and thereby concretize its essence and origins. This will allow, in turn, determining the possibilities of overcoming it.
 Paper main body. The article actualizes the problem of the conceptual apparatus of legal sciences, which is associated with the vagueness and ambiguity of some concepts, including the concepts of «natural law» and «law». Ambiguity of the concept of law both as a goal and as a tool can become a source of legal conflicts. By clarifying this concept, it is possible to come to a deeper understanding of the concept of «legal nihilism», which is important for the field of law. The analysis of types of legal nihilism leads to the conclusion that it is necessary to distinguish between natural law and law, recognizing the primary role of human rights and the instrumental role of law. 
 Two non-mutually exclusive opportunities to avoid nihilism associated with the education of citizens of legal consciousness are considered. The first is related to the education of respect for universal human values and their acceptance. Submission to the moral law, in theory, should prevent the violation of legal boundaries in the action of the subject. In the second case, this is a pragmatic way of bringing to the attention of citizens information about the inevitability of punishment. As a result, the conviction is formed that it is more profitable to comply with laws than not to comply, especially since being in the legal field ensures stability and security.
 The presence of prerequisites for the effective implementation of these opportunities in the modern world is analyzed. At the same time, modern realities were taken into account, for example, such as the processes of globalization and the factor of postmodernism.
 Conclusions of the research. The reason for legal nihilism is violations in the development and application of legislative acts associated with a complex crisis affecting the social, economic, political and legal spheres. All calls for the education of legal consciousness will be declarative in nature without eliminating the objective reasons leading to its distortion.

Klaipėda District Residents’ Attitude Towards Corruption

The article presents a survey on Klaipėda district residents’ attitude towards corruption. It is necessary to evaluate the level of corruption in a particular local area because understanding the incentives for corruption and self-dealing is a precondition for making progress. Citizens’ perceptions are important for local governments where citizens have more direct impact on political representation and service provision in their communities. The research revealed that Klaipėda district residents’ attitude towards corruption is negative and the population is aware of the harm caused by corruption. The respondents rarely face the forms of corruption practices. Most respondents think that excessive bureaucracy and the complexity of the legal framework, which is constantly changing, contribute to prevalence of corruption. Most respondents have given bribes to medical personnel. The respondents assume that the most effective anti-corruption means is the inevitability of punishment, as well as giving publicity to corruption acts. When faced with corruption, residents would turn to law enforcement bodies and use anonymous helpline.

Современные подходы США к борьбе с терроризмом

The fight against terrorism in the United States today is one of the priority areas for ensuring national security. Counterterrorism is carried out by US ministries and departments in close coordination and interaction with each other, with the wide involvement of the resources of various public associations and civil society structures. At the same time, the activity of US law enforcement agencies to counter terrorism at the federal level (in the US executive branch) is largely decentralized and is carried out mainly by the forces of five key ministries and departments: the Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of the Treasury and the United States Postal Service; moreover, the US Department of Homeland Security plays the role of a system integrator – an «umbrella structure», which brought together under its leadership various departments and services involved in the fight against terrorism (except for the CIA and the FBI). The American strategy of combating terrorism is based on the principles of inevitability of punishment, «no negotiations and concessions», and pressure on countries that, to one degree or another, «support» terrorism. In general, the system of combating terrorism in the United States is modern and meets the latest realities, challenges and threats in this area. It is constantly being improved and reformed, increasing its effectiveness. At the same time, modern terrorism, responding to new forms and methods of struggle, is constantly evolving, striving to adapt to the new conditions of its existence; the emergence of its new, evolutionarily more advanced, structurally more complex forms requires new organizational and technological solutions from the US counterterrorism system.

«НЬЮГЕЙТСКИЙ КАЛЕНДАРЬ»: ПСИХОЛОГИЧЕСКАЯ РЕКОНСТРУКЦИЯ АНГЛИЙСКОЙ КРИМИНАЛЬНОЙ БИОГРАФИИ XVIII СТОЛЕТИЯ

The author of the article refers to one of the intellectual aspects of the genesis of English penitentiary reforms of the 18th century. The progressive increase in crime rate, which English society faced in the 18th century, became a popular trend in social discourse, being left off “board” of historical penology that developed till the middle of the 20th century in the line of the normativism approach. Historiographic schools traditionally treated the evolution of English criminal justice system of the 18th century as the history of sanctions and led complicated social processes to forming severe “vertical of subordination”. The dislocation of the vector of historical researches to interdisciplinary anthropological field led to the emergence of new methods of reconstructions of historical world. The author applied theoretical aspects and tools of “cultural-intellectual and new social history” and it helped to consider imperious relationships in the epoch of the reforming of criminal justice system in the mirror of representation in historical narratives in social-cultural context and reality of Great Britain in the 18th century. The aim of the following research is to analyze criminal biographies from the Newgate Calendar for comprehension of the psychology of a crime both in the point of view of its direct subjects and through the prism of literary and personal interpretation. To reach the goal the author solves the following tasks: - considers the phenomenon of crime from the point of view of their subjects, on the one hand, and the public in the search for universal forms of neutralization of criminal aggression and ways of realization of the punishment in the stated period, on the other; - analyzes the criminals’ psychological state and emotional reactions taking into account classical studies in criminal psychology; - shows the specifics of the manifestation and perception of violence and “crime and retribution” interpretation in the social and spiritual-intellectual contexts of the period In the framework of the study, the author resorts to both special historical and source study methods (biographical, historical synthesis, discursive analysis, interpretation of texts and sources), as well as to the tools of related humanitarian disciplines such as psychological anthropology (reconstruction of a criminal biography involving fundamental works of Z. Freud, E. Fromm, Yu.M. Antonyan). We conclude the following: First of all, Newgate histories performed the edifying function, reminding us of the inevitability of punishment and compulsory repentance of a criminal. Moralistic component helped the “Calendar” to create the reputation of reading, elevating the spirit and it frequently held pride of place on the bookshelves near the Bible. Secondly, The Newgate Calendar made the attitude to the essence of violence in human nature as a part of public discourse. It was a successful commercial project of replication of the examples of antisocial behavior: violence, fraud, adultery, sexual inversions were boldly included into the sphere of public representation. In fact, the combination of didactic discourses and narrative passages created compositional structure of every biography in proportion, fitting such criteria as provocativeness of the material, eccentricity of a criminal’s personality and the degree of his discrepancy to conventional social norms.

Who benefits from corruption in courts

The article covers the issues of preventing and combating corruption in the judiciary. It is noted that corruption in the judiciaryharms the state the most, because law and order in the state and society depend on the proper functioning in this area. The existence ofa democratic, rule-of-law and social state is impossible without a fair and objective court. Bribery should be considered the essentialbasis of corruption. By its social nature, corruption is a biological and social phenomenon.The author’s vision of combating corruption in courts is based on the theory of interest, as corruption in its formation and realizationuses the same mechanism as interest. Questioning who benefits from corruption in courts, the author believes that it is supportedby those who seek to satisfy their needs and interests through the acts of corruption of judges.The most effective means of combating corruption in courts should be the detection of a corruption judgement through the systemof control and the inevitability of punishment for acts of corruption.It is argued that eradicating corruption in courts will contribute to the introduction of precedent character of the Supreme Courtdecisions and the introduction of a revision form of appeal against judgements. Guided by a precedent decision, a judge will not be ableto legitimize arbitrariness. It is proposed to create special structures endowed with the rights of the Plenum of the Supreme Court todevelop precedent decisions on certain categories of cases in various branches of law.Emphasis is placed on the weak development in effective legislation of Ukraine of the mechanism of legal liability of judges, theimperfection of the means of detecting illegal judgements made by specific judges; the lack of tools for prompt response to judges’offenses.It is noted that the institution of judicial unlimited term of office has largely contributed to the formation of corruption in courts.Only a system of justice making a judge dependent on mandatory requirements for a particular offense can help eradicate corruption incourts. The precedent character of decisions of the Supreme Court must be an integral element of such a system. Such a system hasbeen tested for decades in other countries. It can become an effective anti-corruption program for combating corruption in Ukrainianjudiciary.

LEGAL PROTECTION OF THE INDIVIDUAL AGAINST MOBBING

The current legal norms - in the field of mobbing - do not guard the protection of the rights of victims of mobbing, nor do they favor the pursuit of statutory guaranteed claims by victims of mobber activities. Keep in mind that anyone can become a victim of mobbing and you never know when this problem will affect the next person. The joint responsibility of the legislature, executive and judicature for good law, which should take into account the protection of the individual against the destructive intensity of mobbing, will take place when victims of mobbing are protected by law,and the mobbers will be responsible for their actions. The inevitability of punishment for a mobber is a signal to society that public authorities are responsibly complying constitutional obligations.

Specific Features of the Mechanism of Administrative and Legal provision for the Implementation of the State’s Law Enforcement Function in the Field of Taxation

The essence of administrative and legal provision for the implementation of the state’s law enforcement function has been studied. The elements of the mechanism of administrative and legal provision for the implementation of the state’s law enforcement function in the field of taxation have been distinguished. It has been offered to include the institutional component (subjects of provision), normative component (system of administrative and legal norms establishing the principles and rules of the state’s law enforcement function in the field of taxation), principles of implementing the state’s law enforcement function in this area, forms and methods of implementation of the state’s law enforcement function and the resource component (personnel, information, material, technical provision, etc.) into the structure of this mechanism.
 The author has defined the following key principles, which should be the basis for the activity of the subjects of the considered relations: legitimacy, presumption of legality of decisions of taxpayers in case of ambiguity of the interpretation of regulatory acts, inevitability of punishment for financial offenses, collegiality of the development of important decisions, efficiency, independence impartiality and absence of corruption.
 The author has determined the peculiarities of ensuring the effective functioning of administrative and legal mechanism of the realization of the state’s law enforcement function in the conditions of creation of the specially authorized agency of financial investigations. It is especially important in the context of European integration to establish the Bureau of Financial Investigations in Ukraine – a single law enforcement agency, whose task will be to identify systemic offenses in the field of taxation, their elimination and prevention.
 It has been concluded that the reform of the investigative agencies of financial violations will establish a partnership between taxpayers and monitoring authorities, as well as will increase the effectiveness of law enforcement agencies in combating financial crimes.