Sane Person Research Articles

Criminally Relevant Psycho-Emotional States of Individual: Problems of Consideration when Assigning Punishment

The paper reviews the problems related to the assessment of criminal law significance of the psychoemotional states of an individual at the time of committing crimes. An analysis of forensic practice and judicial statistics allowed the author to focus attention on the increase in both the total number of persons referred to forensic psychiatric examination and the number of identified insane and partially sane persons. This has made several issues more urgent. It is important for the court to consider if the guilty party is limited in sanity; when sentencing the guilty party, the nature of their behavior in the period immediately preceding the commission of the crime; the psycho-emotional state of the subject when implementing the principle of guilt in crimes committed negligently. The problems that cause the greatest difficulties in law enforcement practice and disagreements in the doctrine of criminal law are identified. The most promising ways to solve them have been outlined. According to the author, the adoption by the Plenum of the Supreme Court of the Russian Federation of special explanation on the issues of considering criminally relevant psycho-emotional states should contribute to the removal of these problems. The document must, in particular, clearly spell out the options for considering the limited sanity of the perpetrator when assigning a sentence, as well as the nature of his behavior in the period immediately preceding the commission of the crime. The author also advocates for expanding, at the legislative level, the grounds for recognizing an act as committed innocently.

Stomach Foreign Body: A Retrospective Study with a Review

Foreign bodies in the stomach may be accidental or voluntary swallowing. Most foreign bodies are due to unintentional ingestion except in insane people or drug peddlers who may be voluntary. Most of the time, coins are accidentally ingested by children. A rare phenomenon is accidental ingestion of a size 16 to 20 cm in length (toothbrush) foreign body in a sane person. Oesophageal foreign bodies are not as risky as airway foreign bodies. These foreign bodies can obstruct and are located at the oesophagus cricopharynx constriction, the crossover of the aortic arch at the mid-oesophagus, and the lower end. After reaching the stomach, most ingested foreign bodies less than 6 cm will pass uneventfully through the gastrointestinal tract, as in 10 patients who consumed one/two rupee coins. Nevertheless, long and rigid foreign bodies like toothbrushes can result in gastrointestinal impaction, perforation and bleeding. Moreover, there have been a few case reports of spontaneous passage of a toothbrush, and promptly removing such ingested foreign objects is recommended before complications develop. Treatment option remains controversial considering the waiting policy or intervention, either endoscopic or surgical. This study describes 11 patients, 10 cases of coin ingestion and one case of the swallowed toothbrush. Ten cases of coin ingestion were managed conservatively. Upper midline laparotomy was done to remove the toothbrush as removal via flexible endoscopy failed. A swallowed toothbrush is a special clinical challenge. Early retrieval of the toothbrush is critical for reducing morbidity.

ԱՆՕՐԻՆԱԿԱՆ ՄԻԳՐԱՑԻԱՅԻ ԿԱԶՄԱԿԵՐՊՄԱՆ ՍՈՒԲՅԵԿՏԻՎ ՀԱՏԿԱՆԻՇՆԵՐՆ ԸՍՏ ՀԱՅԱՍՏԱՆԻ ՀԱՆՐԱՊԵՏՈՒԹՅԱՆ ՔՐԵԱԿԱՆ ՕՐԵՆՍԴՐՈՒԹՅԱՆ

The article discusses issues related to the characteristics of subjective signs of organizing illegal migration. It is noted that the subject of the crime under Art. 470 of the Criminal Code of the Republic of Armenia, any sane person who has reached the age of 16 years. In addition, it is emphasized that, in accordance with the provisions of the current criminal legislation of the Republic of Armenia, when committing this crime, the question of criminal liability of legal entities may also arise. Within the framework of the study, special attention is also paid to the subjective side of the organization of illegal migration. In this regard, it is noted that this crime is characterized by direct intent and selfish purpose. The author also draws special attention to the fact that in the RA Criminal Code, the legislator uses different terminology to denote the meaning of “self-interest,” which is unacceptable. In this regard, it is proposed to provide for the committing of an act out of selfishness or other personal or group interest as a mandatory feature of the subjective side of the organization of illegal migration.

الجرائم السيبرانية وأثرها على الفرد القذف والتشهير أنموذجا

Recently, the era has become the era of speed and globalization. As a result of the development that has taken place, it has become a great reliance on the Internet. And his devices from mobile phone, computer and others. And its applications from social networking sites, despite its advantages in terms of shortening time and effort, there are disadvantages, if one pays attention to Which leads to the commission of cybercrimes due to misuse, and there must be reasons for every crime as well. These crimes have causes, including poverty and unemployment, as well as the lack of religious faith among criminals and other psychological and social reasons. And that the Islamic law did not fail to adapt these crimes at the level of the sources of deduction (the Book, the Sunnah, consensus, reason), as well as the positive law also in the Iraqi Penal Code the chapters and investigations of this treatise included clarifying the penalties that correspond to the level of these malicious crimes, as this effort is a real contribution to increasing the religious and cognitive awareness that is entrusted to every adult and sane person. key words: Cybercrime, slander, defamation

FORENSIC CHARACTERISTICS OF THE INTENTIONAL INTRODUCTION INTO CIRCULATION ON THE UKRAINIAN MARKET (RELEASE TO THE UKRAINIAN MARKET) OF DANGEROUS PRODUCTS

The article deals with the analysis of scientific views, theoretical provisions and legislation, and examines the forensic characteristics of the deliberate introduction in the circulation of hazardous products on the market of Ukraine (release to the market of Ukraine). The subject of the investigated crime is dangerous products. The main task of the stage of preparation for this crime is the deliberate creation of conditions for its commission. The method of directly committing the crime in question is the introduction into circulation (release on the Ukrainian market) of dangerous products, committed on a large scale. The methods of concealing the analyzed crime can be 1) destruction of the most dangerous products; 2) destruction of the raw materials from which it was made; 3) destruction or concealment of equipment on which hazardous products were produced or packaged (packaged); 4) destruction of documentation, which indicated the origin of the product or recorded the processes of economic activity associated with it; 5) making changes to the documents on the results of product testing; 6) a statement that the person did not know that the product was dangerous; 7) concealment of vehicles used to transport hazardous products. The typical consequences of the commission of the crime under study are the infliction of harm to human life, health, property or liability rights, as well as the environment. An obligatory sign of the objective side of this crime is the place of the criminal offence – the market of Ukraine, which is defined in the title and disposition of the relevant criminal law norm. The commodity market (commodity market) is the sphere of circulation of goods (interchangeable goods), for which there is supply and demand for a certain time and within a certain territory. The subject of the crime in question is general – a physically sane person who has reached the age of 16. However, this does not exclude the possibility of its commission by a special subject, in particular, an official (official). The motives and goals of the analyzed criminal offence may be different: the benefit, unwillingness to spend energy and time on the proper manufacture or sale of good-quality products or good-quality goods or the performance of good-quality work or the provision of good-quality services, the desire to improve the work of the enterprise, personal interest, commission in the interests of third parties and etc.

‘Aaqilah in the Jurisprudence of the Four Schools of Thought (Ahl Al-Sunnah): A Comparative Jurisprudential Study

Among the punishments imposed by God Almighty for the felony of murder is the blood money, which is a financial penalty that the Lawgiver determined its amount, and it is large, so that the offender cannot bear it on his own, so the Lawgiver obligated the sane person to bear the blood money on behalf of the offender in the form of support and assistance. The clan initially bore the blood money, then Umar ibn al-Khattab, may God be pleased with him, transferred it to the people of the Diwan and the ministries. The tribes have disintegrated and families have separated, so the researcher sees the necessity of taking, according to Omar and the Hanafi school of thought, by charging the blood money to the people of the Diwan. He believes that some institutions can replace Diwan, such as ministries or the Social Security Authority, civil institutions such as trade unions and employees, or cooperative insurance companies. In studying this subject, I followed the descriptive, analytical and comparative approach, where I explained the concept of rationality, its reality, the sayings of the four schools of thought in each issue, and the statement of the most correct.

Subjects of administrative offense (tort)

The author reveals the concept and features of administrative and legal liability and “subject of administrative-tort relations”.
 It is noted that the improvement of the institution of administrative-tort relations is one of the decisive factors that improves the efficiency of law enforcement activities and compliance with the law in proceedings on administrative offenses (torts).
 It is proposed to understand under administrative-legal responsibility compulsory with observance of the established procedure and limits of application by the competent subject of the state of the sanctions provided by the legislation which are applied in an administrative order, namely in the course of realization by the state bodies of the executive powers for committing an administrative offense. measures of influence aimed at punishing the offender, ie the guilty person who committed an administrative offense.
 It is noted that the existing list of subjects of administrative-tort relations to which administrative-legal responsibility for administrative offenses (torts) can be applied should be expanded, as well as appropriate changes should be made to the current administrative-legal norms establishing such liability. The proposed legislative changes will be able to strengthen the protection of the rights and legitimate interests of persons who are participants in administrative-tort relations.
 The subjects of the administrative offense (tort) are: 1) general - a natural person - a sane person who has reached the age of administrative liability; 2) special - natural person entrepreneur - legal entity - business entity; officials - authorized to perform representative functions on behalf of the body in which they work. The author reveals the concept and features of administrative and legal liability and “subject of administrative-tort relations”.
 It is noted that the improvement of the institution of administrative-tort relations is one of the decisive factors that improves the efficiency of law enforcement activities and compliance with the law in proceedings on administrative offenses (torts).
 It is proposed to understand under administrative-legal responsibility compulsory with observance of the established procedure and limits of application by the competent subject of the state of the sanctions provided by the legislation which are applied in an administrative order, namely in the course of realization by the state bodies of the executive powers for committing an administrative offense. measures of influence aimed at punishing the offender, ie the guilty person who committed an administrative offense.
 It is noted that the existing list of subjects of administrative-tort relations to which administrative-legal responsibility for administrative offenses (torts) can be applied should be expanded, as well as appropriate changes should be made to the current administrative-legal norms establishing such liability. The proposed legislative changes will be able to strengthen the protection of the rights and legitimate interests of persons who are participants in administrative-tort relations.
 The subjects of the administrative offense (tort) are: 1) general - a natural person - a sane person who has reached the age of administrative liability; 2) special - natural person entrepreneur - legal entity - business entity; officials - authorized to perform representative functions on behalf of the body in which they work.
 In the current conditions of Ukraine’s development as a state governed by the rule of law, taking into account changes in foreign relations, strengthening positions in the international arena, cardinal powerful internal processes, developing mechanisms to ensure the implementation and protection of human rights in administrative-tort relations. ) and administrative proceedings in which the activities of the administrative body (official) and the court are assessed for their legality and effectiveness. The evolution of the legal system in Ukraine and abroad shows that the consideration and resolution of a jurisdiction by one body (official) - one instance leaves room for error, which leads to inefficiency of justice and, consequently - a decrease in confidence in public authorities, faith in the general principles of administrative proceedings.

FORENSIC CHARACTERISTICS OF THE MISUSE OF BUDGET FUNDS, THE IMPLEMENTATION OF BUDGET EXPENDITURES, OR THE PROVISION OF LOANS FROM THE BUDGET WITHOUT ESTABLISHED BUDGET ALLOCATIONS OR IN EXCESS OF THEM

The article deals with the analysis of scientific views, theoretical provisions, and legislation, examines the forensic characteristics of the misuse of budget funds, for budget expenditures or provision of credits from the budget without determined budget purposes or with their excess. The article of the crime under investigation is budgetary funds. The stage of preparation for the commission of this crime may include the following sets of actions: 1) implementation of measures aimed at facilitating the commission of a crime, as well as avoiding (delaying) its identification; 2) ensuring the receipt of appropriate funds from the budget. The methods of committing the crime in question are recognized as only two violations of budgetary legislation specified in the Budget Code of Ukraine: 1) inappropriate use of budget funds (Paragraph 24 of Part 1 of Article 116); 2) without established budgetary allocations or with their exceeding contrary to the Budget Code of Ukraine or the law on the State Budget of Ukraine for the corresponding year: a) implementation of budget expenditures; b) granting loans from the budget (Paragraph 29 of Part 1 of Article 116). Typical consequences of the commission of the analyzed crime are causing them harm to the financing and implementation of programs and activities implemented at the expense of the corresponding budgetary funds. The subject of the crime under investigation is a special person – a sane person who has reached the age of 16 and who is an official authorized to use budget funds, implement budget expenditures or provide a loan from the budget. The motive and purpose of the crime under consideration can be different: self-interest, unwillingness to spend time and effort on the proper registration of the lawful use of budgetary funds, the desire to improve the work of a budgetary institution or a business entity – the recipient of budgetary funds, personal interest, the commission in the interests of third parties. Key words: forensic characteristics, crime, way of committing, misuse, budget funds, expenditure, provision of credits, budget.

The Subject of Persistent Failure to Perform Duties Related to the Care of a Child or a Person under Guardianship or in the Custody (Art. 166 of the Criminal Code of Ukraine)

The article is devoted to the study of the subject of the crime under Art. 166 of the Criminal Code of Ukraine. The subject of this crime has been identified as special. Its general (obligatory) and special (additional) features are found out. The general (obligatory) features include the following: a natural person, a sane person who has reached the age of sixteen. It is substantiated that special (additional) features of the subject of this crime characterize his social role and relationship with the victim. The social role is to take care of the child or the person under guardian- ship or custody. The subject has a family relationship with the child, and a custody or guardianship relationship with the incapacitated person. Scientific approaches to determining the range of subjects of this crime have been studied and their differences have been identified. The article clarifies and analyzes the types of special subject of the crime under Art. 166 of the Criminal Code of Ukraine. Depending on the person in need of care, they are divided into two groups. The first group includes subjects with responsibilities for the care of the child and the family nature of
 the relationship between them. These are parents, adoptive parents, guardians, trustees, foster carers, foster parents, foster parents or actual caregivers. The second group includes entities that have responsibilities for the care of a person with limited capacity (incapacity) and are in a relationship with them in custody (guardianship) - guardians, trustees, officials of guardianship and trusteeship, heads of health care facilities or social protection.
 The case law on the application of Art. 166 of the Criminal Code of Ukraine (2010-2021). Based on this, it was concluded that the perpetrators of the crime are mostly parents of the child, only in isolated cases - adoptive parents and guardians.

Криминологическая характеристика личности преступника, совершившего растрату, отчуждение, сокрытие или незаконную передачу вверенного ему имущества, подвергнутого описи или аресту

The history of criminal law and criminology shows that the discussion about the identity of the criminal is already very old, but it still raises high interest. The interpretation of this issue does not remain unchanged. The analysis of the criminological characteristics of a person who has committed a crime provided for in Part 1, Article 312 of the Criminal Code of the Russian Federation has a certain specificity, since the corresponding crime includes one of the special subjects - an individual, a sane person who has reached the age of liability and who is entrusted with property subjected to inventory or arrest. The authors examined the data of judicial statistics, which make it possible to draw a conclusion and highlight the most common signs of the identity of a criminal who has committed illegal actions in relation to the property subjected to inventory or arrest. It is possible to distinguish typical signs of the identity of a criminal who has committed illegal acts in relation to the property subjected to inventory or arrest: 1) The corpus delicti under study is often committed by persons aged from 30 to 49. Men and women of 50 and older are much less likely to commit illegal acts in relation to the property subjected to inventory or arrest, but they make up the second group of persons in terms of the frequency of committing the crime. The least number of persons convicted were under the age of 30 at the time of the commission of such a crime. 2) Men are more than twice as women commit illegal acts against property that has been inventoried or arrested. 3) Almost all the crimes under study are committed by citizens of the Russian Federation with a permanent place of residence. 4) Most of the potential criminals have secondary education (general or vocational). 5) Most convicts are able-bodied persons without a permanent source of income, i.e. unemployed. 6) Often, the crimes that provide for criminal liability under Part 1, Article 312 of the Criminal Code of the Russian Federation are committed by persons who had unexpunged and unspent convictions. Most often, they had unexpunged and unspent convictions at the time of the trial for crimes of minor gravity. Despite this, the personality of the criminal does not have an increased social danger, but the propensity and probability of committing a new crime is stable (high). Thus, in order to prevent the crime enshrined in Part 1, Article 312 of the Criminal Code of the Russian Federation, a differentiated assessment of the personality properties of the person who is entrusted with a certain property is important. Contribution of the authors: the authors contributed equally to this article. The authors declare no conflicts of interests.

A Social Obligation of Parents Regrading the Upbringing of their Offspring: An Islamic Perspective

This article is an attempt to analyze the proper attitude of parents towards their offspring in the light of the Holy Quran and Ahadees (Traditions of the Holy Prophet). The translation of the verses and their interpretations are mainly taken from the well-known commentary books on the Holy Quran, such as,Tafseer-Ibn-Khateer (English version), Tafheem-ul-Quran, entitled, ‘Towards Understanding the Quran’ (English version) by Syed Abul A’la Maududi, and The Meaning of the Holy Quran with Explanatory Notes by Mufti Taqi Usmani. A fair approach and treatment towards offspring by the parents is one of their main social responsibilities/obligations that would turn the new generation into assets rather than liabilities.This study shows that every sane person begins to aspire for offspring the moment they have tied the knot. The Muslims should have a firm belief that, like all other matters in life, Allah’s will prevails in the matter of offspring as well. Therefore, the believers should always seek Allah’s help in the matter of offspring and their being on the right track, and should make wholehearted supplications to the Almighty in this regard. The parents should adopt an Islamic outlook and treat their male and female children alike. In the light of the Quranic injunctions, it is crystal clear that offspring are beauty as well as test for parents in their temporal life. Their upbringing, according to the tenets of Islam, would turn them into a soothing balm for the parents not only in this world but would benefit their parents even after their death and on the Day of Judgment as well. It would transform the children into positive and productive human beings for the world around them

The Prospect of Pragmatic Confucian Democracy: Reply to Dryzek, Macedo, Ackerly, and Li

The Prospect of Pragmatic Confucian Democracy: Reply to Dryzek, Macedo, Ackerly, and Li

ОКРЕМІ ПИТАННЯ СУБ’ЄКТА КРИМІНАЛЬНОГО ПРАВОПОРУШЕННЯ В ПРОЕКТІ НОВОГО КК УКРАЇНИ

The active processes of judicial and law-enforcing systems reformation, as well as of the system of legislation take place in Ukraine. These processes are determined both by internal and external factors, particularly by European integration processes that demand the profound rethinking the standing legislation and bringing it into conformity with the European standards. Due to the abovementioned, the Commission on the issues of legal reform was set up under the President’s of Ukraine Decree No. 584/2019 of August 7, 2019. Several working groups were created within this Commission, and they are aimed at reforming the legislation in different fields. Among these groups, the group on the issues of criminal legislation reformation functions, as well. Among the other tasks, it shall ensure drafting and submitting the agreed proposals on reforming the legal system of Ukraine considering the contemporary challenges and needs of democratic society to the President of Ukraine; in particular, it goes about preparation and generalization of proposals concerning the amendments to the legislation on criminal liability. The working group members, including the leading scholars in the field of criminal law who represent the different higher education establishments, set themselves an ambitious task – to draft the new criminal code. The article deals with the new criminal code in draft provisions concerning the subject of criminal lawbreaking. The author attempts to elucidate the novels proposed during the discussion of the draft that, at the same time, were not included into its content. Primarily, it should be emphasized that there are no radical amendments concerning the subject of criminal lawbreaking, although there were quite rigorous discussions of the newly proposed provisions within the working group. Probably it can be stated that it is this section that has been the least amended if compared to the standing version of the Criminal Code of Ukraine. It means that the physical and sane person that achieved the age from which under criminal code the criminal liability may arise is still considered to be the subject of criminal lawbreaking. Concerning the proposals being discussed primarily, it is worth mentioning the one related to the unification and reducing the general age of criminal liability to fourteen years. The fact is that diversification of the information sources, their openness and availability to the young generation permit us to affirm that nowadays teenagers are more intellectually developed than their peers were a few decades ago. However, the mentioned proposal in general was not supported by the majority of the working group members considering the fact that society is hardly ready to accept such an aggravation of criminal liability of minors and the factual widening the criminalization sphere. The working group considered the proposal on widening the causes of insanity, as well. The concept of insanity and understanding its causes only as the mental disorders or illnesses belong to the most traditional provisions for national criminal law. This leads to the fact that the insanity of a person is related only to a mental disorder or illness, and sometimes is even equated with them. At the same time, it is obvious that the mental activity of a person may be influenced and altered not only by the mental disorders, but also by the other factors of both external and internal character, and such changes do not necessarily possess the pathological and morbid character. Although with the serious objections, but the new approach to the criminal liability for the criminal lawbreakings committed under intoxication still was accepted by the majority of the working group members. Firstly, it was proposed to solve the issue, whether the person`s intoxication arouse of his/her free will or not. And only in case of the so-called voluntary and conscious intoxication, a person shall be held criminally liable on the general grounds.

Адміністративна відповідальність за правопорушення у сфері охорони навколишнього природного середовища

The scientific work investigates the features of administrative liability for offenses in the field of environmental protection. A classification of administrative offenses in the field of environmental protection has been formed, where the most common method is classification by object of encroachment. A study of the composition of administrative offenses in the field of environmental protection. In particular, it is determined that the composition of environmental offenses consists of: object – public relations in the field of environmental protection; subject – a natural sane person aged 16 years; objective side – illegal behavior, causing harm to the environment or violation of legal rights of subjects of environmental law; the causal link between the wrongful conduct of a person and the harm caused, the subjective side – guilt, motive and purpose of the offense. The issues, essence, features and types of measures of administrative coercion in the field of nature protection, the system and types of administrative penalties, the causes and conditions of committing offenses in the field of ecology are studied. In particular, it is determined that the causes and conditions of environmental offenses can be divided into two groups: subjective (is circumstances that arise in a person's desire to commit them) and objective, which include negative consequences for the nature of some achievements of science and technology. In addition, the scientific article attempts to analyze the main mechanisms of prevention of administrative offenses in this area and on the basis of this analysis, the authors provide their own conclusions on improving the administrative and legal mechanism of environmental protection. Also, it is determined that the administrative remedies for the prevention of administrative offenses in the field of environmental protection in addition to the establishment of legal norms, rules, regulations and standards include: state control over environmental protection; persuasion measures; measures of administrative coercion applied for the purpose of prevention, cessation of offenses in the field of environmental protection and bringing the perpetrators to administrative responsibility, as well as remedial measures. It is proved that to improve the administrative and legal mechanism in the field of ecology, our state should introduce: the use of legal, scientifically sound approach, a system of assistance to enterprises in the field of environmental modernization of production, adoption of the «polluter pays» principle, training and retraining of civil servants, environmental sphere. Keywords: administrative offenses, environmental protection, administrative and legal mechanism, composition of administrative offenses, administrative coercion, administrative and legal measures

CRIMINAL-LEGAL FEATURES OF THE QUALIFICATION OF VIOLATIONS OF THE RULES OF OPERATION OF MEANS OF STORAGE, PROCESSING OR TRANSMISSION OF COMPUTER INFORMATION AND INFORMATION AND TELECOMMUNICATIONS NETWORKS (ARTICLE 274 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

The article deals with the issues of qualification of violations of the rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks (Article 274 of the Criminal Code of the Russian Federation). The objective and subjective features of this corpus delicti are revealed. Special attention is paid to the problem of determining the subject of violation of the rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks. The question of the objective side of the Article 274 of the Criminal Code of the Russian Federation is considered, in particular, the rules of means of storage, processing and transmission of computer information are defined, as which the rules should be considered, both contained in regulatory legal acts and in local documents of organizations, enterprises, institutions. The author analyzes the signs of the subjective side of the violation of the rules of operation of means of storage, processing or transmission of computer information and information and telecommunications networks, which cause a lot of controversy in the scientific literature. Different points of view regarding the subject of the crime, which can be a physical sane person who has reached the age of 16, are also considered.

Rules And Forms Of Making Oath And Debt In Islamic Law

The article deals with the issues connected with the oath and debt in Islamic law. The oath can be admitted only by adult and sane person. The Islamic law rules on oaths, debts and suretyship are unique. It is forbidden to swear by anything other than the name of Allah. If he swears in the name of Allah, he should have to keep his oath. If he forswears, he atones for his sin named kaffarat. According to Islamic studies, no matter what hardships a person faces, Muslims should extend a helping hand to him. When a person is in a difficult financial situation, when he feels the need for money to meet his basic needs for food, shelter, treatment, etc., he should rush to help him as much as possible not intending to usury, fraud and deception.

Особенности жанра и стиля в произведениях Яссави

In the form of hikmet Ahmed Yassawi is a historical document that reads the life of the Yassawi sheikh himself, divided by him into two periods: sixty-three years on earth and sixty-three years under the earth. The results of the study of the Hikmet Corps convince that Ahmed Yassavi, despite the presence of phantasms in his texts, lived and served his faith as a sane person who organized an authoritative Sufi organization in Turkestan and effectively led it for decades.

Some Specific Aspects And Forms Of Islamic Civil Law.

The article deals with the issues connected withthe oath,debtand guaranteein Islamic law. The oath can be admitted only by adult and sane person. The Islamic law rules on oaths, debts and suretyship are unique.It is forbidden to swear by anything other than the name of Allah. If he swears in the name of Allah, he should have to keep his oath. If he forswears, he atones for his sin – kaffarat. According to Islamic studies, no matter what hardships a person faces, Muslims should extend a helping hand to him. When a person is in a difficult financial situation, when he feels the need for money to meet his basic needs for food, shelter, treatment, etc., he should rush to help him with debt and help him as much as possible without usury, fraud and deception.

Criminological Characteristics of the Official as a Special Subject of Corruption Criminal Offenses

The article is devoted to an important and topical topic – the criminological characteristics of the official as a subject of corruption offenses.Bringing to justice for corruption criminal offenses has always been a difficult task in terms of proving, proving guilt. At the same time, it should not be forgotten that from the point of view of substantive law there are also certain problematic aspects. In particular, we are convinced that it is important to establish the essence of the mandatory features of corruption offenses. Of course, they have common features of criminal offenses: wrongfulness, guilt, punishment, commission of an act by a person who is the subject of a criminal offense. In addition, they are characterized by certain specific features, in particular, the presence in one form or another of abuse of office; the presence of a special object of illicit gain; special subject; intentional form of guilt and special purpose. It is proposed to analyze the essence of a special subject.It is stated that a special subject is a natural sane person who has committed a criminal offense at an age from which criminal liability may arise, the subject of which can only be a certain person. The subject of corruption offenses is traditionally called an official. The essence of this concept is revealed in Art. 18 and note to Art. 364 of the Criminal Code of Ukraine. According to socio-demographic characteristics, the corrupt are mostly middle-aged men with families. Based on the moral and psychological characteristics of the subject of a corruption offense, corrupt may be persons who hold a particularly responsible position, provide public services, worked for the benefit of the enterprise, institution, organization and work performed and were in employment with such enterprise, institution or organization, officials of legal entities.According to criminal law, most acts of corruption are committed individually and not on a permanent basis. The last group of characteristics is represented by the social role and status of corrupt officials: petty corrupt, middle-level corrupt, proactive corrupt and malicious corrupt.The author provides reveals the essence of the official through the prism of socio-demographic; moral and psychological, criminal and legal features, as well as the social role and status of such persons.

Деякі питання діяльності прокурора при виконанні судових рішень, пов’язаних із застосуванням примусових заходів медичного характеру

У статті розглядаються окремі питання діяльності прокурора при виконанні судових рішень, пов’язаних із застосуванням примусових заходів медичного характеру. Проведено аналіз чинних законів та законодавчих змін щодо функції здійснення органами прокуратури нагляду за додержанням законів при виконанні судових рішень у кримінальних справах, а також при застосуванні інших заходів примусового характеру, пов’язаних з обмеженням особистої свободи громадян.