Types Of Punishment Research Articles

Penalties for Restricting the Labour Capacity of Minors: Problems of Legislative Regulation and Enforcement

The article is devoted to the analysis of the legislative regulation and the practice of applying penalties related to the restriction of the labor rights of minors. The goal is to identify the problems existing in theory and law enforcement practice, to propose ways to solve them. The frequency of the election of compulsory and correctional labor to adult and juvenile criminals is compared. The shortcomings of the legislative regulation of penalties related to the restriction of the working capacity of minors are indicated, the difficulties faced by the law enforcement officer in choosing these types of penalties are noted. Based on the analysis, conclusions are drawn on the need to improve the existing criminal legislation, and proposals are made to amend the relevant legislation.

Public works as a form of administrative sanction

Introduction. Administrative offenses are the most common of all types of offenses committed on the territory of Ukraine every year. Together, they pose a significant threat to the state and society. Effective in combating this is the application of administrative responsibility, the final result of which is the imposition of administrative fines. Among them, public works occupy a special place, which is one of the relatively new types of administrative fines. The purpose of the paper is to define the concepts, signs, classification and conditions of application of public works as a type of administrative penalty, its main functions and goals. Results. The paper provides a scientific analysis of public works as a type of administrative fines. The concept is explained, the main features and features of this type of sanction are clarified. The classification of socially useful works is given depending on the sphere of social life. The reasons for imposing a penalty in the form of community service on the offender have been clarified. A comparative analysis of public works with other types of enforcement is carried out. The main purpose of the application of public works is defined. Conclusion. The most expedient is the definition of community service as one of the types of administrative sanction applied to the guilty person by court decision and aimed at exercising an educational influence, consisting in the obligation to perform unpaid socially useful work that does not affect the financial condition of the offender. Administrative fines in the form of community service are imposed with the aim of achieving the following goals: to exert labor and educational influence on the violator; to prevent the commission of new offenses by the same person; due to general prevention, deter other members of society from illegal acts; to give a person the opportunity to acquire skills and knowledge in a new field of activity that is socially useful; to form the idea of justice, mutual respect and legal awareness in society.

Female homicides, laws, and women's empowerment: An early warning of retaliation effect

This paper studies whether the toughening of the laws to regulate violence against women can adversely generate a retaliation effect that temporary increases female homicides. Using a panel of 2167 solved female homicides in Ecuador from 2010 to 2020, I first analyze the characteristics and trends of female gender-violence victims and I compare them with the evolution of other-violence victims. Second, I analyze the effects of a reform of the penal code introduced in 2014 that modified the consideration of gender violence and increased the penalty for femicides. I exploit the fact that women empowerment and the enforcement of the law was not homogeneous across municipalities to test whether these policies were associated with a backlash effect that temporarily increased female homicide rates. My analysis finds an increment in the gender-violence rates in municipalities that enforced the introduction of the new femicide penalty type, and in municipalities exhibiting an increased level of women empowerment. Specifically, I obtain that in municipalities that introduced the new femicide type and with an increased level of women empowerment, there was an increase of gender-violence rates of 1.49 points, relative to those that experienced gender-violence but not enforced the new femicide type. These results suggest evidence for an early formation of the retaliation effect hypothesis that consider that gender equality policies and legislation reforms to toughening the penalties for femicides can generate (at least temporarily) an increase of gender violence.

Specific features of the legal regulation of prosecution for contempt of court: judicial rules established in different countries

The purpose of the article is to reveal the specific features of prosecution for contempt of court in different countries. The methodological basis of this research is a set of general scientific methods (dialectics, abstraction, generalization, analysis, modelling) and special methods of scientific cognition (comparative and legal method, etc.). The existing types of responsibility and penalties for committing contempt of court in different countries of the world have been characterized. The authors have carried out the analysis of the experience of legal liability for manifestation of contempt of court rules established in the United States, Canada, France, Australia, Belgium, Poland, Great Britain, New Zealand, Ireland and India, which allowed to highlight the positive provisions for improvement of legislation in this area. It has been concluded that the purpose of establishing the aforementioned responsibility is to guarantee the administration of justice and the rule of law, maintain and strengthen public confidence in the judicial system, safeguarding the continuity of the judicial process. Based on the analysis of regulatory legal acts and the jurisprudence of several countries in the world, the authors have made the classification by categories of actions that qualify as contempt.

More time for judo matches? Analysis of type of techniques, time, scores, and penalties in the Tokyo 2020 Olympic Games

This study aimed to analyze the distribution of judo matches in the Tokyo 2020 Olympic Games, considering matches in the regular duration (≤4 min) and during the extra time (the golden score) according to sex, scores, penalties, phases of competition, weight categories, and judo techniques. The data were extracted from the Official Results Books of the Olympic Games in Tokyo 2020. The combats were divided in matches that were finished in the regular duration and that were finished by the golden score, with a total of 450 matches. The Chi-square test was used to identify the association between all variables and different groups of matches duration, with the level at p < 0.05. The main results demonstrated significant association, considering sex and frequency of matches in the regular time (χ2 = 6.59; p = 0.010) for female athletes. The majority of matches ended in the 3–4 min (χ2 = 204.16; p < 0.001), scores were mostly awarded in the regular time and penalties in the golden score (χ2 = 48.72; p < 0.001), and few matches ended by the golden score for heavyweight athletes (χ2 = 15.16; p = 0.019). Therefore, a high number of matches ended in the golden score in the Olympic Games Tokyo 2020, with a high number of penalties in this competition.

Estimation in the High Dimensional Additive Hazard Model with [formula omitted] Type of Penalty

High-dimensional data is commonly observed in survival data analysis. Penalized regression is widely applied for parameter selection given this type of data. The LASSO, SCAD and MCP methods are basic penalties developed in recent years in order to achieve more accurate selection of parameters. The l0 penalty, which selects the best subset of parameters and provides unbiased estimation, is relatively difficult to handle due to its NP-hard complexity resulted from the non-smooth and non-convex objective function. For the additive hazard model, most methods developed so far focus on providing a smoothed version of l0-norm. Instead of mimicking these methods, two augmented Lagrangian based algorithms, namely the ADMM-l0 method and the APM-l0 method, are proposed to approximate the optimal solution generated by the l0 penalty. The ADMM-l0 algorithm can achieve unbiased parameter estimation, while the two-step APM-l0 method is computationally more efficient. The convergence of ADMM-l0 can be proved under strict assumptions. Under moderate sample sizes, both methods perform well in selecting the best subset of parameters, especially in terms of controlling the false positive rate. Finally, both methods are applied to two real datasets.

MCCLESKEY ACCUSED Justice Powell and The Moral Price of Institutional Pride

<i>MCCLESKEY</i> ACCUSED Justice Powell and The Moral Price of Institutional Pride

Low-Rank Regression Models for Multiple Binary Responses and their Applications to Cancer Cell-Line Encyclopedia Data

In this article, we study high-dimensional multivariate logistic regression models in which a common set of covariates is used to predict multiple binary outcomes simultaneously. Our work is primarily motivated from many biomedical studies with correlated multiple responses such as the cancer cell-line encyclopedia project. We assume that the underlying regression coefficient matrix is simultaneously low-rank and row-wise sparse. We propose an intuitively appealing selection and estimation framework based on marginal model likelihood, and we develop an efficient computational algorithm for inference. We establish a novel high-dimensional theory for this nonlinear multivariate regression. Our theory is general, allowing for potential correlations between the binary responses. We propose a new type of nuclear norm penalty using the smooth clipped absolute deviation, filling the gap in the related non-convex penalization literature. We theoretically demonstrate that the proposed approach improves estimation accuracy by considering multiple responses jointly through the proposed estimator when the underlying coefficient matrix is low-rank and row-wise sparse. In particular, we establish the non-asymptotic error bounds, and both rank and row support consistency of the proposed method. Moreover, we develop a consistent rule to simultaneously select the rank and row dimension of the coefficient matrix. Furthermore, we extend the proposed methods and theory to a joint Ising model, which accounts for the dependence relationships. In our analysis of both simulated data and the cancer cell line encyclopedia data, the proposed methods outperform the existing methods in better predicting responses. Supplementary materials for this article are available online.

Some issues of administrative offenses

The article examines the study of the content and structure of administrative offenses (torts) during martial law, specifies their theoretical and practical basis.&#x0D; A detailed analysis of the stages of administrative offenses during martial law is considered, the accumulated scientific information and empirical base are summarized and based on them scientific and practical proposals and recommendations for improving their legal regulation, eliminating existing gaps and conflicts, and identifies areas their further development.&#x0D; It is claimed that administrative offenses (torts) during martial law are an independent institution of administrative law. The types of administrative penalties applied for committing administrative military offenses are determined.&#x0D; It is determined that the special period is the period from the moment of announcing the decision on mobilization (except the target) or bringing it to the executors of covert mobilization or from the moment of martial law in Ukraine or in some localities and covers mobilization time, wartime and partially rebuilding period after the end of hostilities.&#x0D; Military administrative offenses (torts) include: refusal to comply with the lawful requirements of the commander (chief) of Art. 172-10 Code of Ukraine on Administrative Offenses; unauthorized leaving of a military unit or place of service of Art. 172-11 Code of Ukraine on Administrative Offenses; careless destruction or damage to military property Art. 172-12 Code of Ukraine on Administrative Offenses; abuse of power or official position by a military official of Art. 172-13 Code of Ukraine on Administrative Offenses; excess of power or official authority by a military official of Art. 172-14 Code of Ukraine on Administrative Offenses; careless attitude to military service Art. 172-15 Code of Ukraine on Administrative Offenses; inaction of the military authorities Art. 172-16 Code of Ukraine on Administrative Offenses; violation of the rules of combat duty of Art. 172-17 Code of Ukraine on Administrative Offenses; violation of the rules of border service of Art. 172-18 Code of Ukraine on Administrative Offenses; violation of the rules of handling weapons, as well as ammunition, explosives, other substances and objects that pose an increased danger to the environment of Art. 172-19 Code of Ukraine on Administrative Offenses; drinking alcoholic, low-alcohol beverages or using drugs, psychotropic substances or their analogues. 172-20 Code of Ukraine on Administrative Offenses.

The Idea of Criminal Liability of the Commercial Company

The Idea of Criminal Liability of the Commercial Company

SEXUAL OFFENCES IN POLAND IN A STATISTICAL PERSPECTIVE – SELECTED ISSUES

Purpose: to analyse selected statistical data on final convictions for sexual offences in Poland. Methods: a statistical method was used to analyse data on the number of final convictions and the types of penalties imposed. Results: convictions for sexual offences in Poland represent a small proportion of convictions for all offences in recent years. In 2018, the highest number of convictions among sexual offences concerned the offence of rape (Article 197 of the Polish Penal Code) and sexual acts with a minor under the age of 15 (Article 200 § 1 of the Polish Penal Code – the so-called offence of paedophilia). The indicated sexual offences are in most cases punished with imprisonment, while in 2018 these were mainly imprisonment penalties without conditional suspension of their execution (absolute imprisonment). These penalties in 2018 in most cases did not exceed half of the upper level of the statutory limits of the penalty, and were often adjudicated at the minimum level. Discussion: taking into account statistics on convictions for sexual offences, one may come to the conclusion that the threat of such acts is quite low in Poland. However, it should be remembered that sexual crime is stigmatized by a very large so-called ‘dark number’ (comitted crimes that are not covered by crime statistics because they are not been disclosed by law enforcement authorities). The majority of convictions concern the most reprehensible sexual offences (rape, paedophilia). It is worth noting that Polish courts are quite lenient towards perpetrators of the indicated crimes.

An Evaluation Model for the Comfort of Vehicle Intelligent Cockpits Based on Passenger Experience

With the development of intelligence and network connectivity, the development of the automotive industry is also moving toward intelligent systems. For passengers, the utility of intelligence is to achieve more convenience and comfort. The intelligent cockpit is the place where passengers directly interact with the car, which directly affects the experience of passengers in the car. For the intelligent cockpits that have emerged in recent years, a reasonable and accurate comfort evaluation model is urgently needed. Therefore, in this article, from the passenger’s perspective, a subjective evaluation experiment was set up to collect data on four important indicators affecting the comfort of the intelligent cockpit: sound, light, heat, and human–computer interaction. The subjective evaluation weights were derived from a questionnaire, and the entropy weighting method was used to obtain the objective weights. Finally, the two weights were combined using the idea of game theory combination assignment to get the final accurate weights. Using the idea of penalty type substitution, the four index models were then synthesized to get the final evaluation model. The feasibility of the model was verified when measuring the car cockpit. The feasibility of the method means it can evaluate the comfort level of an intelligent cockpit more reasonably, facilitate the enhancement and improvement of the model, and promote the development of the model to achieve maximum passenger comfort.

Protecting Environment through Criminal Sanction Aggravation

This paper aims to explores the provision of aggravating criminal sanction that protects environment in environmental legislation. By focusing on the four laws as its primary data source, this study employed doctrinal legal research. The results showed that the weight accorded to criminal sanctions in environmental legislation, has varied. The PPLH Law provides for the amplification of criminal threats directed at corporations by adding 1/3 (one-third) of the criminal sentence. Only companies are subject to the penalty aggravation provisions of the Mining Law, and they are only imposed with one-third of the maximum criminal provision of fines. In the PPPH Law, the imposition of criminal threats weight is simply related to the quantity component. If the culprit is a corporation or official, the criminal sanction aggravation is increased by one-third. In Plantation Law, if the offender is a corporate or a government official, then the criminal punishment is intensified. The environment is protected through acts prohibited by environmental legislation, but the criminal threat weight is not directed toward environmental preservation. Existing penalty aggravations are confined to only two types of criminal penalties: jail and fines, both of which have no direct connection to environmental protection. As a result, weighting criminal sanctions refers to the changing quality and quantity issues in order to safeguard the environment. The transition from criminal sanction to treatment, or from one type of treatment to another, was the focus of quality considerations, while the twofold criminal fine system was the focus of quantity element.

Some Features of the State Policy of the PRC in the Correctional Sphere in the Modern Era

The article discusses the issues of the implementation of China’s penal enforcement policy at the present stage of development, including the characteristics of the execution of certain types of criminal penalties; it also analyzes main legal changes to the means and methods of correction of convicts in the penitentiary system of the People’s Republic of China. The study compared Russian and Chinese punishment systems to identify positive experiences and potential application of certain effective tools to influence convicts in the domestic penal enforcement sphere. We also explored opportunities to achieve the goals of punishment, reduce latency and recidivism of crimes, to improve the process of resocialization of convicts and formation of a tolerant attitude to criminal manifestations in modern society. The study looked at prevention of social anomie and destabilization of institutions that implement penal policy as an integral part of the general state policy in the complex criminological realities of modern society.

Reproduction capabilities of penalized hyperbolic-polynomial splines

This paper investigates two important analytical properties of hyperbolic-polynomial penalized splines, HP-splines for short. HP-splines, obtained by combining a special type of difference penalty with hyperbolic-polynomial B-splines (HB-splines), were recently introduced by the authors as a generalization of P-splines. HB-splines are bell-shaped basis functions consisting of segments made of real exponentials eαx,e−αx and linear functions multiplied by these exponentials, xe+αx and xe−αx. Here, we show that these types of penalized splines reproduce functions in the space {e−αx,xe−αx}, that is they fit exponential data exactly. Moreover, we show that they conserve the first and second ‘exponential’ moments.

A Mathematical programming approach for a vessel scheduling-transportation problem with multiple sources and destinations, and normal daily demand distributions

The principal focus of this research effort is to investigate a maritime stochastic transportation problem. In this case, crude oil shipments are to be transported from multiple sources to multiple destinations. The demand at the destinations is normally distributed and the violation of certain specified lower and upper daily storage limits can lead to various types of penalties. We aim to utilize (stochastic) mathematical programming approaches to minimize the overall cost of such fleet operation by optimizing the vessel schedules and maintaining acceptable daily storage levels considering the stochastic demand structures. This research effort signifies that the nature of daily demand distributions in the multiple sources-destinations scheduling-inventory scenario significantly impacts the overall fleet schedules and the total expected cost. Therefore, it is crucial to grasp essential stochastic aspects of the daily demands to avoid potential misrepresentation of the operational costs. The robustness of the adopted approach is illustrated by presenting computational results that are based on a wide range of test problems. Moreover, our computational study also examines the impact of variations in demand and the probability of meeting demands on the cost structures.

Philosophy of disciplinary punishment of university faculty in Syria: فلسفة العقوبة التأديبية لأعضاء هيئة التدريس في الجامعات السورية

This research examines the philosophy of disciplinary punishment in terms of the definition of disciplinary punishment, the principles governing it, the types of penalties imposed by the Board of Discipline of Teaching Staff and the manner in which the Board is set up to impose disciplinary punishment on university faculty The main objective of this research is to show the extent to which these disciplinary sanctions contribute to achieving compatibility and a fair balance between the public interest that relates to the proper functioning of the education facility without harming the rights and guarantees of the faculty member in universities, as well as protecting him from the arbitrariness of the administrative authority when signing it. In this study, we followed the analytical approach to study the principles that govern disciplinary penalties and the types of these light penalties imposed by each of the university president, and severe penalties also imposed by the competent disciplinary board stipulated in the Syrian Universities Organization Law. It was concluded that the Syrian Universities Organizing Law specified disciplinary penalties for faculty members exclusively, and the Syrian legislator did not specify disciplinary violations exclusively in the Universities Organizing Law, and did not link each disciplinary violation with the disciplinary punishment ensuing from it, but left the assessment of this to the competent disciplinary authority and we recommend the Syrian legislator Determining a specific disciplinary penalty for each disciplinary violation, in order to protect the faculty member from the arbitrariness of the administrative authority in imposing penalties, although it is difficult to identify all violations, due to their large number and differences.

A new national environmental law with harsh penalties and regulated discretion: Experiences and lessons from China

Discretion given to local authorities is an essential feature when national governments delegate enforcement of environmental regulations/laws to the local authorities. Enforcement discretion, however, raises the concern about weak environmental enforcement at the local level, especially in developing countries where institutions are built on weak foundations in general and enforcement usually falls short of what is needed to address environmental challenges. Given that existing literature does not have a clear understanding of whether discretion helps or hinders enforcement, This paper uses a unique nation-wide dataset collected from more than 2,200 counties in China from 2015 to 2017 to empirically identify key factors considered by local environmental authorities when they exercise discretion in the enforcement of the new Environmental Protection Law. Main results from the econometric analyses show that the level of enforcement measured by the total number of penalties is significantly higher in counties with higher GPD per capita and larger government budget deficit. In contrast, the choice of penalty types is unlikely to be correlated with these two variables. The patterns above are quantitatively similar across geographical regions that have different natural, economic and environmental conditions. Similar to the case for which the central government issues a series of normative documents to limit local environmental authorities’ room to select the type of penalties to be imposed, it is also necessary for the central government to regulate local authorities’ discretion to decide whether to impose penalties.

DeblurGAN-CNN: Effective Image Denoising and Recognition for Noisy Handwritten Characters

Many problems can reduce handwritten character recognition performance, such as image degradation, light conditions, low-resolution images, and even the quality of the capture devices. However, in this research, we have focused on the noise in the character images that could decrease the accuracy of handwritten character recognition. Many types of noise penalties influence the recognition performance, for example, low resolution, Gaussian noise, low contrast, and blur. First, this research proposes a method that learns from the noisy handwritten character images and synthesizes clean character images using the robust deblur generative adversarial network (DeblurGAN). Second, we combine the DeblurGAN architecture with a convolutional neural network (CNN), called DeblurGAN-CNN. Subsequently, two state-of-the-art CNN architectures are combined with DeblurGAN, namely DeblurGAN-DenseNet121 and DeblurGAN-MobileNetV2, to address many noise problems and enhance the recognition performance of the handwritten character images. Finally, the DeblurGAN-CNN could transform the noisy characters to the new clean characters and recognize clean characters simultaneously. We have evaluated and compared the experimental results of the proposed DeblurGAN-CNN architectures with the existing methods on four handwritten character datasets: n-THI-C68, n-MNIST, THI-C68, and THCC-67. For the n-THI-C68 dataset, the DeblurGAN-CNN achieved above 98% and outperformed the other existing methods. For the n-MNIST, the proposed DeblurGAN-CNN achieved an accuracy of 97.59% when the AWGN+Contrast noise method was applied to the handwritten digits. We have evaluated the DeblurGAN-CNN on the THCC-67 dataset. The result showed that the proposed DeblurGAN-CNN achieved an accuracy of 80.68%, which is significantly higher than the existing method, approximately 10%.

Features of administrative responsibility for road safety violations

Problem setting. At present, road traffic is one of the main elements of modern states. Using different types of vehicles, people have the opportunity to move faster, do freight, thereby facilitating their work in all areas of activity. This contributes to the development of economic activity, social activity and road infrastructure, but at the same time there are a number of negative consequences associated with traffic injuries, economic and social damage caused by road accidents. Today, about 7,000 people die in road accidents each year and nearly 4,000 are injured; every 12 minutes there is a car accident; almost every 1.5 hours a person dies. In Ukraine, the statistics of road accidents for the period from 01.01.2021 to 31.05.2021 amounted to 70774 – 22.2%. It is possible to reduce these indicators under the condition of introduction of the state program of the correct design of roads, and also increase of administrative responsibility for violation of traffic rules. And what do we see when we look at the statistics of the last five years? And the fact that accident statistics are really scary, and is constantly growing. Law enforcement officers are constantly publishing regular collections of data on road accidents in the country. The tables are full of red numbers, the color of which indicates the deterioration of basic safety indicators. Target of research is a comprehensive scientific study of administrative liability for violations of traffic legislation, its features, as well as improvement by amending legal acts will positively affect the development of transport – road complex of Ukraine and contribute to strengthening road safety as a component of national security. The main purpose of the study is to lay the groundwork for administrative liability for road safety offenses on the basis of a comprehensive analysis of scientific sources, generalization of legal material and law enforcement practice. The object of this work is public relations, which are formed in the process of ensuring administrative liability for violations of legislation in the field of road safety in modern conditions. Analysis of recent researches and publications. Issues of road safety in different volumes are reflected in studies conducted by: O. Bandurka, T. George, D. Medvedev, Yu. Piroshkova and others. At the general level, the concept of “road safety” as a component of public safety was studied by A. Basov, В. Glushkov, M. Inshin, O. Copan and others. These scientists analyzed the problem of improving the administrative and legal responsibility of road safety and proposed to improve measures that will ensure the safety of all road users. However, the relevance of this topic is due to the constant updating of Ukrainian legislation, based on the provisions of which is the rule-making regulation of this area of public relations. Article`s main body. The article defines the features of administrative responsibility for violation of road safety. The author considers changes in the legislation regulating administrative responsibility in the field of road safety. The analysis of the number of road traffic accidents (RTA) and their consequences over the past five years was also carried out. The study of this problem is relevant, since the analysis of static data on the number of road accidents indicates a low level of traffic safety and a high accident rate on highways. Conclusions and prospects for the development. Based on the above, we can conclude that the current legislation in the field of administrative liability for violations of road safety is quite extensive and provides for various types of administrative penalties aimed at saving lives and reducing socially dangerous accidents. Also, the legislative definition of the term “traffic” is not provided either in the Code of Administrative Offenses or in the Law of Ukraine “On Road Traffic”. I propose to define and legislate the concept of “road safety” as a set of factors and mechanisms that regulate legal relations, establish responsibility, describe the typical mechanisms and rules of conduct of all road users in the state.