Question Of Expediency Research Articles

THE AGE OF THE VICTIM AS A SIGN OF A CRIME AND ITS INFLUENCE OF THE QUALIFICATION

Minors are a social group in need of increased protection, including by means of criminal law. The State strives to ensure the normal development of minors and their integration into social life. Minors have their own rights and legitimate interests, which may differ or even contradict the interests of adults. Criminal legislation establishes not only increased responsibility for encroachment on a minor, but also increases the punishment for special subjects, defines a special list of crimes related to encroachments on certain interests of minors. This article highlights the actual problem of the influence of the age of a minor on the qualification of a crime and the imposition of punishment. The author analyzes in detail the formulations used in the Criminal Law to indicate the age of a minor victim. The norms of the Criminal Code of the Russian Federation, in which a minor victim is used with gradation by age groups, are exhaustively given. The victims of the crime may be minors under the age of 18. The Criminal Code of the Russian Federation with types of crimes differently approaches the definition of a minor: from 0 to 6 years, from 0 to 12 years, from 0 to 14 years, from 12 to 14 years, from 14 to 16 years, from 14 to 18 years, from 0 to 18 years. Not only is the age gradation implemented, but different terms are also used: a newborn, a person who is helpless state, minors, minors. The article considers the question of expediency and justification of the use of different terms and inconsistency in the criminal law norms of the age of a minor victim.

Committing a Crime for the First Time: Validity of the Introduction of the Criminal Law and the Significance of other Circumstances

In Russian criminal lawthe fact of committing a crime for the first time determines the operation of the fundamental institutions: responsibility and punishment. The identification of the person having committed a crime for the first time is an extremely important task not only for the further proper focus for law enforcement officials on the individualization of punishment and criminal responsibility, but in general, for a more clear perception of the enforcement of the criminal legal relations caused by the criminal act. Despite the importance of this concept, if attention is given thereto in theoretical research, it is mainly from the point of view of clarifying the legal content. The questions of expediency of introducing the concept of a person who has committed a crime for the first time into the text of the criminal law, the criminal legal significance of this circumstance among others affecting the adoption of a criminal legal decision remain little explored to date. Any concept that is applied in practice and has real significance for the qualification of crimes, determining the grounds and limits of criminal liability, as well as for the imposition of punishment, undoubtedly requires criminal law consolidation. The absence of any concept of such significance in the law means that there is a gap in criminal law. Meanwhile, the concept of a person who has committed a crime is complicated by the fact that in real law enforcement it is filled with specific legal content, different from the everyday understanding of this phenomenon. This causes problems such as the association of such persons with "legally non-indictable persons". Full identification of these concepts does not allow the legislator to provide a sufficiently selective, individualized and adequate approach to different categories of such persons. In addition, questions are raised about the differentiation of responsibility of a person who committed a first-time careless crime with a person guilty of committing an intentional criminal act. The paper attempts to answer these questions by the example of specific criminal legal norms, taking into account the experience of their enforcement.

Secrets, puzzles and mysteries of macroamylasemia

Physiological features of amylase synthesis and excretion are considered in the article, presence of other sources of amylase synthesis different from pancreas and salivary glands is emphasized. Definitions of hyperenzymemia and macroamylasemia (MAE) are given. MAE is a state characterized by presence of circulating complexes of normal serum amylase with protein or carbohydrates in blood. There are 3 types of MAE: first — classical (constant hyperamylasemia, decreased amylase level in urine, high blood concentration of macroamylase complexes); second — hyperamylasemia with slightly decreased amylase activity in urine, macroamylase/normal amylase ratio is less than in the first type; third — normal blood and urine amylase activity, low macroamylase/normal amylase ratio. Pathogenesis is explained by connection of blood amylase and acute phase protein in different inflammatory, infectious diseases, malabsorption. MAE clinical manifestations could be absent, sometimes abdominal pain is possible. Hyperamylasemia and reduced urine amylase activity are typical. MAE diagnostics means determination of macroamylase complexes in blood (chromatography, calculation of the clearance ratio of amylase and creatinine). The article presents clinical cases describing extra-pancreatic MAE in women with malignant ovarian lesions. The question of expediency of thorough diagnostic examination in asymptomatic MAE is raised, which may turn out to be a symptom of cancer. The lack of specific treatment for MAE is emphasized.

PROGRAM DEVELOPMENT FOR MOBILE CONTROL OF FUNCTIONAL HUMAN CONDITION ON ANDROID PLATFORM

The subject of the study is the question of expediency and relevance of the development of software applications for mobile control of the human functional state on the Android platform. This platform occupies a major market share and development forecasts are quite optimistic, therefore, writing applications that are based on this system are relevant and in demand. An analysis of the current direction of mobile and wireless technologies for information support in the field of health care. The presented problems and contradictions are connected, in particular, with the insufficient level of participation of professional doctors in the development of applications, low computer literacy of the population and the high cost of such technologies. The analysis of medical mobile concepts and technologies covering new areas, including the emergence of more complex programs for the analysis of diagnostic information, the attraction of new types of portable devices is carried out. The purpose of the study is to create a mobile application to measure human fatigue on the basis of the KCHZM. As a result of the study, the software code was developed and the program was tested on several mobile devices. Conclusions The proposed complex for the determination of visual fatigue was tested and recommended for industrial implementation. The claimed technical solution can be used in the field of safety of life, industrial sanitation, in particular in the system of determining the level of fatigue of programmers, operators of personal computers, students, athletes.

Вторичное заимствование лексических единиц как активный процесс в современном русском языке

The relevance of the study is determined by the author’s appeal to the analysis of one of the dynamic processes that characterize the current state of the lexico-semantic system - secondary borrowing of foreign words. The questions concerning the differentiation of terminological words and phrases used by modern lexicologists in the process of studying the active processes occurring in the Russian language at the turn of the century are considered. Attention is paid to the analysis of approaches to foreign language vocabulary both “returned” from the passive lexicon and re-borrowed from foreign languages in the period of the late 20 th - early 21 st centuries. The question of expediency of use in a number of cases of the term secondary borrowing as the most accurately reflecting essence of the occurring processes is raised. Special attention is paid to the distinction between cases of dearchaization and secondary borrowing. The causes of vocabulary dearchaization are covered, among them being pro-western and pro-Russian tendencies inherent in modern social consciousness. Analysis of the tokens governor and bachelor proves, that the term dearchaizated (reactivated) vocabulary traditionally used in relation to certain words of lexical-thematic groups “Public-political organization” and “Education” should be replaced by the term secondary borrowed vocabulary .

ЕФЕКТИВНІСТЬ ВИКОРИСТАННЯ ЗАНУРЕНОГО ТЕПЛООБМІННИКА В СІРЧАНОКИСЛОТНОМУ ХІМІЧНОМУ РЕАКТОРІ З НЕРУХОМИМ ШАРОМ КАТАЛІЗАТОРА

The question of expediency of replacement of the heat-exchanging equipment in the sulphuric acid chemical reactor with a motionless layer of the catalyst is considered. The scheme of installation of the heat exchanger which is essentially differing from traditional is offered: unlike the used portable heat exchangers, heat-removing surfaces are established directly in a catalyst layer. On the basis of mathematical models of heattransfer in the motionless blown layer with the shipped surfaces in the presence of internal sources of warmth calculations of temperature fields in a layer are executed, the necessary area of the cooling surface and the law of its change is determined by layer height. As initial regime parameters at which the industrial sulphuric acid reactor works with a motionless layer and cooling of the reacting mix in portable heat exchangers are accepted. It is received that change of the specific area of a heat-removing surface corresponds to change of extent of transformation and heat release. The distance from an entrance to the reactor at which there is no need for the heat sink is defined. It is noted that increase in diameter of pipes leads to the insignificant growth of specific and total area of a surface of a bunch in connection with reduction of coefficients of a thermolysis of components of a layer. On the basis of the analysis of design data the conclusion according to which use of the shipped heat exchanger allows to carry out reaction of oxidation of SO2 in one step is drawn and at the same time to reduce dimensions of the reactor and metalexpense.

Serbian Volunteers and the Russian Revolution of 1917

Using original documents from the Russian State Military Historical Archive, many of which are introduced for the first time, the author reveals details of creation and activities of the Serbian Volunteer Corps formed from captured soldiers and officers of the Austro-Hungarian army inOdessain the Summer 1916. The same autumn it received a baptism of fire in Dobruja fighting in the separate corps of the Russian army under the command of General Zayonchkovsky. The research interest in studying the activities of “national” and international military units within the Russian army is connected with the question of expediency and effectiveness of using such forces against those for whom they have not so long ago shed blood. The author, contrary to the popular opinion of Serbian historians, shows that the call to join the First Serbian division did not arouse mass enthusiasm among the prisoners of war both Serbs and representatives of other Yugoslav nations because of well-founded fears for their close relatives living in the Dual Monarchy and a fairly comfortable stay in the Russian captivity. At the same time, the author emphasizes that this military unit, commanded by officers of the Serbian regular army, was considered by the political leadership ofSerbiaas the basis of the future armed forces of the new state ofYugoslavia. The article shows that the events of the Russian Revolution of 1917 influenced the future fate of this military formation. Many of its soldiers later found themselves on different sides of the front in the Russian civil war. A special attention is payed to the interethnic conflict erupted in the corps between the Serbs on the one side and the Croats and Slovenes on the other. The author introduces a significant body of primary documents showing the nuances of relations in the corps between representatives of various Yugoslav nations. The article emphasizes that the relationship of the Serbs, Croats and Slovenes within the corps became the prologue to the future tragic fate of the Yugoslav state and its army, which were doomed to eventually collapse.

Normative substantiation of production, quality control and safety of medicinal products on the basis of nanomaterials

Aim. The analysis of Ukrainian normative documents concerning remedies based on nanomaterials and the study of international experience on their development, quality control and safety.Methods. Methods of information retrieval and literature data analysis have been used.Results. The analysis of the State Pharmacopoeia of Ukraine, the orders of the Ministry of Health of Ukraine and other Ukrainian normative documents concerning medicines based on nanomaterials, as well as the EU legal framework on nanotechnologies and nanomaterials has been conducted. The necessity of development and approval in Ukraine of the regulatory and legal framework for medicines based on nanomaterials has been substantiated.Conclusion. The question of expediency of working out the normative and legal base for creation of medicines on the basis of nanomaterials in Ukraine is uncontested. The first steps in this direction have already been taken, but the question is still far from the solution. The lack of regulatory requirements for production, quality control and safety of medicines with nanomaterials complicates their development and makes it impossible to introduce into production

PECULIARITIES OF PENALTIES TO MINORs RELATED TO the LABOR ACTIVITY

The article deals with the institution of compulsory work applied to minors, because at present this type of punishment attracts attention of scientists and practitioners. The advantage is that teenagers who commit crimes, which are of no great public danger, have a real opportunity to improve in case they are isolated from the society. However, there are also problems of applying punishment in the form of compulsory community service work to minors. The analysis of the norms of the criminal and labor law in the part of regulating the procedure for appointing the specified punishment in relation to minors was carried out. Some interdisciplinary mismatches in this area have been identified, and possible solutions have been proposed. The question of expediency of using deductions in the amount of 5 to 20% of wages is analyzed. The opinions of both supporters and opponents of such measures are given. Some researchers believe that this provision of the law does not correspond to the principles of humanism, the differentiation of criminal responsibility and punishment. They suggest setting a maximum retention threshold of 10%. Scientists also discuss duration of this measure of punishment. In addition, the author draws attention to the problem of applying compulsory community service work to minors who study at school or institution of higher education. The paper highlights the problem of changing the punishment in case of malicious evasion of compulsory or corrective service work. At present, they can be replaced only by imprisonment. However, part 6 of Art. 88 of the Criminal Code establishes a ban on the appointment of liberty deprivation to a minor convicted person who committed a crime of small or medium gravity for the first time at the age of sixteen, as well as to other juvenile convicts who committed crimes of minor gravity for the first time. Therefore, it is not always possible to replace the corresponding punishments for imprisonment even if a teenager refuses to perform compulsory or corrective service.

The History of the Place: Yakobi Shore

The article reviews the history of development of the left bank of the Angara River within the territory of the Irkutsk Hydroelectric Power Plant. The article analyses the project worked out by N. Zhukovsky architectural bureau in the 1990s. It features recreational characteristics of the site and an integrated nature of the project. It also speaks about preservation of the historical heritage of the Soviet period - the 1st and the 2nd HPP Settlements, as well as the toponymy. The article touches upon the question of expediency of the location of the Temple of Alexander Nevsky. The article proposes to return to the project in view of its relevance.

К вопросу о целесообразности системы менеджмента качества (СМК) в вузе

К вопросу о целесообразности системы менеджмента качества (СМК) в вузе

Das Staatssprachegesetz der Slowakei und das Gutachten des Europarats

When, in 2009, the Slovakian legislator amended the Act on the State Language for the second time, Slovakia’s Hungarian minority protested strongly and the Slovakian government asked the renowned so-called Venice Commission, an advisory body of the Council of Europe, for their opinion on the issue. This article illuminates the Venice Commission’s most significant findings. The authors want to point out that the Venice Commission, according to its statutory field of action, is focused on legal matters, while issues concerning the expediency of certain measures were only touched upon. This means that, based on its primary obligation to analyse questions of law and not questions of expediency, the opinion of the Venice Commission cannot – and should not – be unrestrictedly seen as a reference point with regard to other language regulations across Europe. The article thus issues additional explanations on the report focusing on questions of expediency, particularly against the achievements of modern minority protection measures visible (inter alia) in South Tyrol.

From “conflict” to “constitutional question”: Transformations in early American public discourse

The American Constitution functions both as a condensation symbol and as a set of essentially contested concepts. The former function is the result of constructive ambiguity which produces broad social consensus; the latter function reflects the fact that Constitutional symbols are given meaning in specific controversies which produce dissensus. This seeming contradiction is contained by removing the battle for Constitutional interpretation from the public forum and assigning it to the specialized forum of the Supreme Court. Before the Civil War, however, the principle of judicial review was not yet established. Constitutional issues instead were the province of the same public forum which adjudicated the substantive questions. As a result, questions of expediency were transformed into Constitutional questions. Three case studies (the Alien and Sedition Acts, the nullification crisis, and the secession controversy) illustrate both the gradual evolution of Constitutional issues and the rigidity which these noncompromisable issues introduce.

A Question of Expediency: Britain, the United States and Thailand, 1941–42

This passage was written on 27 March 1945 by Major Andrew Gilchrist, a Foreign Office official serving with the Special Operations Executive in Thailand. It neatly demonstrates the manner in which the wartime debate within and between the various Allied bureaucracies responsible for Thailand's post war status appeared to be dominated by the circumstances of Thailand's rapid capitulation to Japan in December 1941. Subsequently, diametrically opposed interpretations of these unhappy events were employed both by Britain to legitimize her wartime plans to re-establish a degree of control over Thailand, and also by the United States to justify her attempts to thwart perceived British aggrandizement in Southeast Asia. Yet despite the clear importance of the events of 1941 for Thailand's relations with the Allies, her place in the outbreak of the Pacific War is not yet fully understood.

Purity or Expediency?

Many people were impressed and stimulated by Prof Walker's address to Conference last October and we have received several requests to reprint it. We are happy to print two extracts here, and are grateful to Nigel Walker for permission to do so. The first deals with the thorny question of expediency and eclecticism versus single-minded moral or theoretical approaches; the second with a peculiarly British injustice: our apparent lack of concern to protect the anonymity of defendants.

A CONCENTRATED THERAPEUTIC RELATIONSHIP WITH A PSYCHOTIC CHILD

Child guidance clinics ar e frequently faced with decisions as to the most efficacious use of staff time and energy_ If severely disturbed child ren are inclu ded among those treated , questions arise as to who should treat th em and how often they should be seen . Should the sicker children be seen only by th e more experienced th erapists?What is the op timal frequency of sessions from the sta ndpoint of therapeutic and pra ctical consideration? The present paper describes an exper iment in wh ich a grossly distu rb ed six-and-a-half-year-old boy was seen in a psycho therapeutic relati onship for three hours a day, five days a week, over a per iod of twelve weeks with an untrained college student.' T he case is of interest because of the apparently posit ive results of th is contact and its im plications. T he decision to undertak e this exper iment was based mostly on a question of expediency. Our patient, Jimmy, had not mad e notabl e progress in th e two years he had been at our nursery school and the nursery school teachers conside red h im unmanageable except with excessive individual attention. On ce-a-week psychother. apy had been briefly tr ied and did not seem promising. The question arose as to whether Jimmy's needs coinc ided with wha t has been referred to by others as the need for a primary lore object . Alpert (1959) has tr ied a techn ique with three cases which