Restoration Of Justice Research Articles

Questions of criminological differentiation of the application of punishment in the form of disclaimer

In accordance with the current Criminal Code of the Republic of Kazakhstan, the most severe punishment in the system of measures of state coercion applied to a person found guilty of a crime is imprisonment. There is an opinion in society that the application of punishment to a certain term or life imprisonment is one of the main ways to achieve the goal of punishment. The characteristics of the application of the measure of coercion also have a direct impact on the conditions of serving the sentence and the social environment of the defendant. In most cases, in conditions such as a penitentiary institution or a change in its order, the main factor in committing an intentional serious crime is a violation of the personal qualities of convicts aimed at ill-treatment. Deprivation of liberty has a strong influence on a person, especially on a defendant who has fallen into this type of punishment for the first time, contributes to the restoration of social justice, and the prevention of new crimes. At present, the criminal law policy adheres to the principle of humanism and this regulates the trend towards a decrease in the facts of causing deprivation of liberty by victims of criminal law repression. The author proposes in the article the criminological aspects of serving a sentence of imprisonment, the personality of the offender and the features of his resocialization, as well as ways to improve the penitentiary legislation. Key words: deprivation of liberty, defendant, penitentiary institution, penitentiary system, punishment, criminopenology, principle of humanism.

“Restoration of Historical Justice”: on the Book “Petain. The Last Great Frenchman” by A.N. Burlakov*

The article is a review on the book of the historian Alexander Burlakov “Petain. The Last Great Frenchman” that is not only the fi rst Russian language biography of Petain, but also an innovative historical research. The book is based on the deep knowledge of facts and documents and is free from ideological dogmata and stereotypes and thus describes the total course of life of the prominent military and state leader. This book is also the fi rst in Russian historiography that objectively describes and characterizes the Regime of Vichy (The French State).

Historical and legal aspects of the restoration of administrative justice in West Germany after 1945

The article is devoted to the issue of restoration of administrative justice in Germany after the Second World War. Historical and legal aspects of this process related to general administrative justice and branches of special administrative justice are considered. An overview of the legal and political background for the restoration of administrative justice in Germany after 1945 is offered. The impetus for the further development of the country in the post-war period was the political and territorial situation at the time of the collapse of Nazi Germany and its division into occupation zones, in which the allies - Great Britain, the United States of America, the Soviet Union and France - later formed lands, as well as the division of Berlin into relevant sectors. The debate over whether the German Reich ceased to exist as a subject of international law has been resolved in favor of the succession thesis, according to which Germany lost active legal capacity after the end of the war, but not passive legal capacity under international law. After the liquidation of administrative courts, the Allies restored them throughout Germany. This initiated the development and nationwide standardization of administrative justice, the establishment of the Federal Administrative Court in 1952 and the entry into force of the Regulation on Administrative Courts in 1960. The general provisions of the Allies on administrative justice in the western occupation zones and the conceptual reorientation of administrative justice in Germany after the Second World War are analyzed. Three concepts of legal protection in Germany were studied, each of which was used to a different extent and which formed a mixed system: (a) traditional administrative justice, i.e. legal protection by administrative bodies in the narrow sense of administrative appeal, (b) legal protection by courts of general jurisdiction and (c) legal protection by special, administrative courts.

Message from the Indigenous Peoples Pre‐Assembly Meeting

AbstractThis is the message from the meeting of Indigenous Peoples held before the 11th Assembly of the World Council of Churches, which met in Karlsruhe, Germany, in August–September 2022. The Indigenous Peoples Pre‐Assembly Meeting gathered participants from 40 different Indigenous nations who called on the WCC and its member churches to support them in their journeys to recover their God‐given identities, stating in the message that “the road to reconciliation leads through restoration of justice, because without justice, we cannot stand as equals.”

An Occasional Amnesty. How the Siberian Bolsheviks Granted Amnesty to Kolchak Ministers

The article analyses the history of the amnesty granted by the Bolsheviks in 1921–1923 to nine Kolchak ministers led by P. I. Preobrazhensky, G. A. Krasnov, A. A. Gratsianov and N. Ya. Novombergsky, prominent figures of the anti-Bolshevik governments, convicted by the Extraordinary Siberian Revolutionary Tribunal at the open trial in Omsk on 20–30 May, 1920. Based on a wide range of archival sources, the authors have reconstructed the entire pardon process, from the improvements in conditions of detention to the official decision of the VTsIK. Amnesty is considered as a political tool of the Soviet power, which allowed the communist leadership of the country to effectively correct the cruel punitive policy, play the card of restoration of social justice, and win the victims over to its side. It is concluded that the pardon of the Kolchak ministers was an individual but significant component of the process of restoring civil peace in Russia at the end of the internal military-political confrontation. What made this amnesty unusual among the many similar acts announced by the Bolsheviks in 1922–1923 was that not the rank-and-file members of the anti-Soviet struggle were pardoned, but its immediate leaders. The main reason for the rehumanization of former enemies were their personal ties and contacts in the upper echelon of the Soviet leadership in Siberia, which were formed primarily in the course of joint activities. The main criterion for applying the amnesty was the high quality work of the Kolchak ministers in the economic departments of the Siberian Revolutionary Committee under the conditions of severe labor shortage.

Rehabilitation of the Repressed Peoples: Restoration of Historical Justice (on the Example of the Chechen and Ikalmyk Peoples)

The deportation, carried out in 1944 by order of Stalin, was an unprecedented in its cruelty and cynicism act of total eviction of undesirable peoples from their places of historical residence to Kazakhstan and Central Asia. The author of this article has been dealing with this problem for many years, trying to find at least some justification for such a monstrous crime. The peoples who enthusiastically embraced the October Revolution, who fought with Denikin’s army for Soviet power with weapons in their hands, were clearly accused of complicity with fascism. In the same article, we are talking about the restoration of the violated honor and dignity of the deported peoples. The proposed article is dedicated to the rehabilitation of the deported peoples, which began after Stalin’s death and ended after the collapse of the USSR. As you know, after the victory of the party grouping led by NS Khrushchev, the process of gradual easing of the regime of stay in exile for the deported peoples began in the country. From March 1953 to February 1956 a number of legislative acts of the State were adopted. An important event on the way to the rehabilitation of Chechens is the Twentieth Congress of the CPSU, whose historical decisions opened the way to the restoration of the statehood of the repressed peoples.

Problems of the application of criminal responsibility for the illegal persecution of a person in the context of the legal protection of the victims

Although stalking was only criminalized in Lithuania on the 14thof October 2021 (Article 148-1 in the Criminal Code of the Republic of Lithuania (hereinafter, CC) “The Unlawful Persecution of a Person”), there is a growing debate about the validity and demonstrability of the negative consequences and victim’s expressed will established in this provision, the proportionality of the sanctions, and the systemic incompatibility with other provisions. There are also concerns regarding the incomplete transposition of the Victims’ Rights Directive into national legislation. The purpose of this article’s thesis is to determine whether the application of criminal liability for the unlawful persecution of a person provides adequate legal protection for victims, assessing the compatibility of the national legal framework with the ultima ratio principle and the Victims’ Rights Directive. The results revealed that stalking is a complex phenomenon, characterized by the performance of both routine and prohibited acts, the totality of which constitutes a pattern of violent behavior, that disrupts victim’s mental health, professional activity, social life, and daily routine. The general standards of protection set out in The Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW)and the Istanbul Convention, which promote the reduction of gender stereotypes and prohibit discrimination against women, have been fundamental to the development of the legal framework for stalking. Establishing the negative consequences of the unlawful persecution of a person imposes an excessive burden of proof, while the victim’s clearly expressed will may lead to escalation. The criminalization of this offence as a misdemeanor does not correspond to the gravity and intensity of it. The imposition of stricter sanctions in the event of stalking of a close relative or family member is not ensured. The ultima ratio principle has not been infringed by the criminalization of the unlawful persecution of a person. The gravity of this offence is demonstrated by the interference of the constitutionally protected freedom of the individual’s will, disturbance of mental health, performance of intentional acts against victim’s expressed will, unlawfully and systematically. There are no alternative measures in the Lithuanian legal system that can ensure effective restoration of the violated legal good –the application of the systematic intimidation of a person by means of psychological coercion under Article 145(2) of the CC is insufficient, as it criminalizes only acts of specific intent, and the application of Article 2.23 of the Civil Code of the Republic of Lithuania is also excluded, as the imposition of sanctions of a pecuniary nature would not ensure the restoration of justice. The current legal framework is not fully compliant with the Victims’ Rights Directive, since the method of assessing the special protection needs of victims is insufficiently detailed, and does not involve victim in the process of evaluation. There is no separate procedure for the granting of special protection measures for particularly vulnerable persons, including victims of the unlawful persecution of a person.

The Concept of Restorative Justice as a Means of Legal Protection for Victims of Crime in Indonesia

This research aims to determine how the concept of legal regulation regarding Restorative Justice is used as legal protection for victims of criminal acts in Indonesia. The analysis used in this study is qualitative with a normative juridical approach. This study concludes that the restorative justice paradigm offers another way of dealing with crime. According to the restorative justice paradigm, the process of resolving crimes involves the perpetrators, victims, and the community. The Criminal Code regulates more about protecting the rights of suspects, defendants, and convicts as part of protecting human rights. Progressively various laws and regulations have become the legal basis for the settlement of criminal cases by implementing the restoration of justice as the protection of victims of crime, social recovery, and reducing the burden on the state. The Criminal Code is also still oriented towards retributive justice, which is punitive as retaliation for the perpetrators of criminal acts. In the retributive justice paradigm, the sanctions imposed are not aimed at retaliating against the perpetrators of the crime but sanctions that can arouse the perpetrator's responsibility for the suffering of the victim or sanctions that aim to restore the suffering of the victim.

Henri Duparc in the history of the mélodie genre

Statement of the problem. Henri Duparc (1848–1933) has firmly entered the history of the French melodie genre. However, his work has not been properly studied by modern domestic musicologists. Although two composers, Gabriel Fauré and Henri Duparc, are generally recognized as the most prominent representatives of this genre, the vocal work of G. Fauré attracted the attention of many scientists and performers, in contrast to the music of H. Duparc. The restoration of historical justice in relation to the heritage of the French composer justifies the topic of this article. The purpose of the article is an attempt to comprehend H.Duparc’s interpretation of the melodie genre by analyzing one of his vocal miniatures – “Phidylé” a setting of a poem by Leconte de Lisle and highlight the composer’s role in the history of the genre. The historical and biographical contextual approaches, genre, structuralfunctional, phono-semantic methods of analysis and the study of the performance dramaturgy of H. Duparc’s miniature led to a number of conclusions. Conclusions and results of the study. In Duparc’s interpretation of the poem, two ideas interact: the exact reflection in music the poem meaning and the transformation of the poem due to its musical detailization. The study revealed the features of the composer’s style and the role of the composer as the founder of the melodie genre: – it was H. Duparc who founded such features of the genre as a deep emotional and lyrical intonation and sensuality compared to a poetic text; – original reproduction of the signs of “endless melody” (influence of R. Wagner’s work) and opera monologue; – equality of parts in the “duet” of the vocalist and pianist-accompanist; – “orchestral” sound of the piano texture. Thus, H. Duparc stands at the origins of the “golden age” in the history of the melodie genre as a representative and defender of the late romanticism aesthetics. The vocal works of H. Duparc gave a powerful impetus to the genre of French melodie. The reproduction of the dramatic tension of feelings, the search for perfection in music testify to the significance of the composer’s contribution to the melodie genre, while the small number of his works is certainly compensated by their musicality. Since the vocal works of H. Duparc create a certain difficulty for foreign performers in the verbal and phonetic aspects, as well as in the artistic and interpretive aspect, it seems necessary to continue their in-depth analysis.

Declared and True Goals of Criminal Punishment

The goals of punishment, enshrined in Part 2 of Article 43 of the Criminal Code of the Russian Federation, should actually act as one of the key guidelines for the law enforcement officer when individualizing punishment. At the same time, the existing construction is rightly criticized as abstract and devoid of practical meaning. The purpose of the paper is to develop recommendations for improving criminal legislation in terms of regulating practice-oriented goals of punishment. To achieve this goal, the author has substantiated inappropriateness of attributing norms on the purposes of punishment to declarative norms, demonstarted incorrectness of specifying restoration of social justice and prevention of new crimes as the goals of punishment, explained stable failure to fulfill the goal of correcting convicts with due regard to indicators in Russia (from 2008 to 2021), highlighted the approach based on the expediency of normative consolidation of two goals of punishment (taking into account the requirements of unification (correlation with the tasks of the Criminal Code of the Russian Federation), and focused on possibilities and expected results), namely, unconditional and complete restoration of the rights violated by the crime and correction of convicts. Taking into account pecularities of the existing system of types of punishment that actually makes the first of these goals unattainable, the author proposes to adjust norms regulating certain types of punishment (in essence, restorative principles should be referred to as exclusively fiscal in nature as existing punishments): priority compensation for damage caused to the victim, and only with full (or maximum possible in specific circumstances) compensation for all violated rights of the victim compensation to the State budget. The author argues that the goal of correcting a convicted person, despite being difficult to achieve (especially by criminal legal means), is necessary because it has regulatory potential.

Towards mathematics curriculum recontextualisation: developing a rhizocurrere with roma students

Students out of mainstream like Roma students often face problems following the mathematics curriculum which is designed without taking into consideration them and this fact contributes to the reproduction of inequalities. This paper suggests indicatively due to the limited layout an activity in the direction of reconceptualization of the Mathematics curriculum through rhizomatic thinking. The aim of the rhizomatic inquiry is to avoid representationalism often inherent in qualitative research and to challenge the dichotomies apparent in Mathematics education. Roma students’ ideas on parallel and intersecting straight line sections become a smooth space for both knowledge consolidation and application of mathematical knowledge in contexts that allow the restoration of social justice and honor movements against marginalization softening, thus, power relations.

КАК «УХОДИЛИ» СО СВОИХ ПОСТОВ Ж. ШАЯХМЕТОВ И Д. КУНАЕВ: ОБЩЕЕ И ОСОБЕННОЕ

In the history of soviet Kazakhstan Zhumabai Shayakhmetov (1902-1966) and Dinmukhamed Kunayev (1912-1992) are special ranked due to some reasons. They were the heads of the Kazakh SSR in the Stalinist and post-Stalinist times; their names are associated with achievements in the social-economic development of the republic within the USSR but with the specifics of external ethnocratic administration. On one side, appointment of Zhumabai Shayakhmetov Dinmukhamed Kunayev as the first leaders of the union republic corresponded with some principles of the Leninist nationalities policy (each people has its own leader) and demonstration of the trust to the republican party nomenclature, that was forged in the severe confrontation during the party cleansings since late 1920s and had to internalize the Kremlin administrative formats. But on the other side, their appointment was seen as a restoration of justice by the population of Kazakhstan (and by Kazakhs, mainly) as the right to have an ethnic representative as a leader, not a stranger. In addition, demotion of Z. Shayakhmetov in 1954 and D. Kunayev in 1986 by the decision of the republican congresses by the Moscow scenario was interpreted as a distrust to Kazakhs, deprivation of the right to administer their republic in case of Shayakhmetov and violation of the Leninist principles of nationalities policy (D. Kunayev). The article in aimed to figure out common and specific in evaluation of the reasons behind the demotion of Zhumabai Shayakhmetov and Dinmukhamed Kunayev from the posts first secretary of the Kazakh SR Communist party from the post-colonial analysis view point.

An Ethical Dimension of Law as a Factor of Upward Development of Society and Human Rights Protection in the Context of New Technological Threats

The study elucidates historical and logical necessity of an ethical and philosophical dimension of law in the form of an ethical examination of applied problems and situations (especially in relation to law) arising in the context of new technological threats. The author dwells on the paradigm of the upward development of society and protection of human rights not in the context of an individualistic dominant of the Western type, but in the context of priority of preserving, developing and improving society as a whole in the direction of a high ideal that presupposes restoration of justice based on true knowledge of the real state of affairs. It is suggested that the goodwill of those who perform the work demanded by society constitutes the necessary condition. The paper describes the specification of its methodology understood in the broad sense of the word, when ethics is considered as the pinnacle of philosophy. The author concludes that the strategy of strengthening morality in law is not only in demand, even salutary, for society as a whole and for every one. Morality is such a phenomenon that you need to constantly and purposefully work with.

(Mis)translating Sensitive Content

Abstract This article offers an exploratory approach to the role of anger in translation performance. We performed a study in which translation students translated a negative review containing opinions that they may potentially find offensive. Based on previous findings pointing to punishment and restoration of justice as the most common behaviors of anger, we predicted that angry translators would manipulate the text in an attempt to punish the author and/or mitigate the offensive content. We operationalized such manipulation by identifying attenuating and emphasizing strategies in target texts. While no significant differences were revealed between baseline and post-read anger levels, sentiment analysis tools revealed angry moods when applied to participants’ written opinions. Significant differences were also found for the strategies applied with more occurrences for attenuation than emphasis. However, these findings are acknowledged as preliminary; larger samples, control groups and more reliable indicators of anger would be necessary to corroborate these results.

On the way to the struggle of the Ukrainian people against Russian aggression

The article states that the war is the highest degree of aggravation of relations between Ukraine and the Russian Federation in the struggle of the Ukrainian people against the Russian occupier, which will take place until the Ukrainian people win over Putin's totalitarian regime, using all possible military, economic, humanitarian , medical, legal and other means to the full restoration of justice and payment of contributions to the state of Ukraine and the Ukrainian people.
 The confrontation of the Armed Forces and other power structures of Ukraine against the Armed Forces of the Russian Federation took place in the territories of Donetsk and Luhansk regions after the occupation of Crimea until 2022. In general, Russia annexed the Ukrainian peninsula of Crimea and carried out a separatist regime in Donetsk and Luhansk oblasts, supplying troops and weapons to their territory.
 Accordingly, political instability in Ukraine, the choice of the European vector of development, its desire to join the European Union and the North Atlantic Treaty Organization (NATO), unwillingness to have any relations with the aggressor country led to the war between Ukraine and Russia.
 For Ukraine's victory in this nation, it is necessary to: - continue military resistance against Russia; - the Ukrainian army to counterattack and expel the occupiers from our land; - state support for the citizens of Ukraine and the creation of favorable conditions for prolonging their lives in armed conflict and reducing the emigration of the younger generation - support for Western allies and imposing tough sanctions to destroy the Putin regime and Russia's economy; - use all possible methods to prevent nuclear war; - after the victory, citizens of Ukraine and victims of hostilities have the right to a contribution from Russia.

Investigating Rape Culture in the Philippines through #HijaAko: Towards A Multimodal Critical Discourse Analysis

Rape culture is a form of violence against women. One factor influencing the continuing predominance of this rape culture, in a range of global contexts, is the fact that societies in these contexts tolerate and, to an extent, normalize such sexual violence. This normalizing occurs ubiquitously, and not least through online technologies, such as with netizens. Yet, these netizens also influence conceptions of a just world. The belief in a just world appears to operate through the views of netizens toward victims of sexual abuse, as reflected in social media platforms. One example of this activism is the hashtag #HijaAko, which, as with many other hashtags, is being appropriated by netizens used as a way to strengthen online anti-rape movements. These hashtags can be global and local, where, many focus on the locality of #MeToo hashtags, largely owing to identification with place and space, and the cultural memory of such violence within respective physical communities. This study explores the rape culture landscape as reflected in online discourse, specifically on the Twitter platform. Drawing on Dalbert’s (2009) ‘Belief in the Just World’ hypothesis, and also on work in critical technocultural discourse scholarship, in this paper, I argue that the localized #MeToo hashtag, #HijaAko, has provided and has constituted a techno weapon for victims of sexual violence such as rape to retaliate against the existing predominant rape culture in the Philippines. The #MeToo hashtag, #HijaAko purports to create an online shared community that itself aims at the restoration of online justice that has seemingly failed to appear and succeed through other legitimate means, such as through the legal system. A general concesual confirmation by the netizens who have become active in this movement provides the victims with a sense of ‘virtual justice’ in several ways, and ncluding through the use of ‘receipts’ as weapons. As such, and through a multimodal discourse analysis examining 340 tweets, I present data and its analysis, to reveal that Philippine society capitalizes on victim-blaming as the core advocates and perpetrators of the local rape culture.

Time to rehabilitate. A new reading of Nikolai Gogol

The article raises the problem of adequate understanding of the heritage of Nikolai Gogol. With regard to Nikolai Gogol’s works, the main problems of interpretation of the artistic image are analysed. The principles of text interpretation developed during the theological interpretation of the gospel parables in patristic practice, and certain provisions of the modern theory of the symbol of Aleksei Losev are formulated as basic ones. It is emphasised that the understanding of the ambiguity of the image does not contradict the idea of the presence in the work of art of the target “vector of meaning”, which expresses the author’s creative volitional intentions. In the scientific comprehension of the author’s intention, an important heuristic potential of a preliminary comprehensive study of the writer’s spiritual biography is noted. Almost a century-long dominance of radical atheistic ideology in Nikolai Gogol’s interpretations was reflected in the methodological helplessness and incompetence of science in understanding the legacy of that Christian artist. The process of scientific understanding of the artistic world of Nikolai Gogol, the development of objective criteria and methods of research is considered in the related context of important social processes of recent decades which are – wehope – the restoration of justice in the religious and legal spheres, the rehabilitation of numerous victims of previous political repression, the ongoing canonisation of the New Martyrs and Confessors of Russia.

О соотношении функций и целей уголовного наказания во взаимосвязи с обеспечением его исполнения

The article deals with the problem of relevance of the functions and purposes of criminal punishment. The functions of punishment have not been sufficiently studied in the science of criminal law. Meanwhile they reflect the essence and social purpose of punishment and, accordingly, should determine its goals. In practice there is a discrepancy between the real functions and the declared goals of punishment, which negatively affects the assurance of its execution. The author comes to the conclusion that the modern goals of punishment do not correspond to its actual functions, in their current form they are declarative and conceptually imperfect. This means that given the nobility of the message they do not meet the condition of attainability due to a number of reasons: conceptual imprecision (restoration of social justice), redundancy, inconsistency and practical non-verifiability (correction and special prevention), archaism (general prevention). And most importantly the existing goals of punishment, due to the indicated shortcomings, significantly complicate its implementation. K e y w o r d s : functions of punishment; the purpose of the punishment; correlation and relationship with execution of criminal penalties

Понятие и цели наказания в русском средневековом праве

The paper considers the evolution of the purpose of criminal punishment in the sources of Russian medieval law with regard to the subjective guilt of a law-violator. For a long time, the essence of punishment in Russian law was expressed not so much in the application of sanctions to an offender for violating the norm of behavior (a custom) by the latter, but in restoring the violated order (the truth) and satisfying the victim’s resentment by causing physical suffering to an offender, or to compensate an offense by recovering the property of an offender. The essence of punishment was expressed in the restoration of justice, which was understood as an equivalent retribution to an offender for the evil committed, causing offense, and violating the general order. Such an understanding of the idea of justice, inseparable from law, has historically become the core of Russian legal consciousness. The author used the methods of historical-legal and comparative-legal analysis to study the activities of the legislator to limit the use of retaliation (revenge) by victims against an offender carried out privately without the state power participation. The author concludes that in the late medieval period, during the formation of the Muscovite state in the XIV–XV centuries, punishment becomes a compensatory remedy representing not a private, but a public (state or class) interest. Punishment in the state hands becomes retribution (punishment) to an offender formally on behalf of the whole society, but, in fact, on behalf of the ruling class. The legislator begins to pay attention to the internal (subjective) attitude of a person to a committed offense and its consequences when sentencing.

Restoration of historical justice. Book review: Burlakov A.N. Petain. The last great Frenchman

Restoration of historical justice. Book review: Burlakov A.N. Petain. The last great Frenchman