Socrates最新文献

{"title":"Victim’s Right to Prove in Criminal Proceedings","authors":"Gerda Klāviņa, Ansis Zanders","doi":"10.25143/socr.23.2022.2.122-131","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.122-131","url":null,"abstract":"This article is about the victim’s right to prove in criminal proceedings. It studies the victim’s right to prove only in criminal proceedings before the court. However, it does not consider the victim’s ability to prove in court. The aim of the study is to examine the possibilities of victims to prove in criminal proceedings, to identify legal and practical issues for the victim’s right to prove in criminal proceedings, as well as to put forward proposals for solving them. Material and methods used in the preparation of the study include analysis and description of regulatory enactments, court judgments, comparable and logical method. Analysis and description of normative acts and court judgments were used for the creation of the study. The comparative method has been used to compare provisions of regulatory enactments, while the logical method has been used to draw conclusions. Methods of interpretation of legal norms have also been used in the study: grammatical, systemic and teleological method. Keywords: criminal proceedings, the victim, proof","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development Strategy of International Cooperation of Forensic Science Institutions of Ukraine with Foreign Experts in Prevention of Terrorist Attacks on Critical Infrastructure","authors":"N. Filipenko, H. Spitsyna","doi":"10.25143/socr.23.2022.2.083-095","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.083-095","url":null,"abstract":"The issue of using modern foreign experience of preventive activity in criminological work of forensic science institutions of Ukraine has been considered in this study. Peculiarities of the main organisational forms of forensic science activity have been analysed through specialised (forensic science) institutions and through specific specialists, namely: forensic experts (for example, practice of the institute of sworn experts: specialists who took the oath or received a license for forensic examination). Analysis of international standards used in forensic science activity has been carried out. Necessity position of legislative introduction of international standards in process of forensic examination has been revealed and substantiated. The main emphasis is on highlighting problems of cooperation of forensic institutions of Ukraine with foreign experts in preventing terrorist attacks on critical infrastructure. The research aim is to study the use of modern foreign experience in preventive activities in criminological work of forensic expert institutions of Ukraine. The result of the study provides evaluation of the problems of cooperation of forensic institutions of Ukraine with foreign experts in preventing terrorist attacks on critical infrastructure. Based on this evaluation, a proposal is put forward for the improvement of normative regulations. Keywords: forensic science, forensic expert, international standards, prevention, critical infrastructure facilities","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Main Models of Realisation of the Right of Association in the Azerbaijan Republic","authors":"D. Ganberov","doi":"10.25143/socr.22.2022.1.089-099","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.089-099","url":null,"abstract":"Establishment and development of civil society is possible under conditions ensured by a legal state. It indicates that legal state and civil society can also be viewed as the embodiment of human rights and freedoms and specifically the right to associate. This is explained by movement of various factors. Features of the historical and cultural development, democratic, political and legal traditions, specificity of the political and legal system, differences in the perception of law as the universal social regulator of public relations. Establishment and ultimately completion of establishment of the legal state is associated with maximum guarantee for human rights and freedoms, responsibility of the government before the citizens and the state, raising the credibility of law and strict observance to it by all state bodies, public organisations, communities and citizens as well as the effective functioning of the law-enforcement bodies. While analysing the current state and perspectives of the right to association in the Republic of Azerbaijan, it is necessary to evaluate the state of the civil society again.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Covid-19 pandēmijas aktualizētie pārvaldības kārtības noziedzīgie apdraudējumi Latvijā","authors":"Jānis Baumanis","doi":"10.25143/socr.23.2022.2.111-121","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.111-121","url":null,"abstract":"COVID-19 pandemic in Latvia has activated several types of criminal threats. Their range also included criminal threats to the administration existing in Latvia, which have been explored in detail in this article. The author has highlighted three topical groups of criminal threat in the field of administrative order: 1) threats, expressed as counter-activities against the person, who participates in elimination or termination of illegal commitment driven towards COVID-19 restrictions; 2) threats expressed as violations of the procedure determined for processing of documents in the field of COVID-19 restrictions; 3) threats expressed as violation of special regulations in the field of COVID-19 restrictions. Having paid attention to each separate group, the author has studied not only the case law, but also amendments to the Criminal Law planned and implemented by the legislator, analysing the positive and negative aspects of the amendments. The study revealed that the repressive approach of the state, implemented within the framework of control of the restrictions for spread of the COVID-19, lead to the situation, where not only the need was discussed to recognise the offences not yet deemed as criminally punishable, but where the legislator still considered it necessary to supplement the special part of the Criminal Law with new norms, thus expanding the types of expression of criminal offences. Keywords: administrative order, criminal threat, resistance, compatible certificate, restrictions and duties, repression","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Definition of Tax Planning in the Case Law of the Court of Justice of the EU (ECJ)","authors":"Ja Zelmenis","doi":"10.25143/socr.23.2022.2.132-144","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.132-144","url":null,"abstract":"The objective of the study is to analyse the current and past case law of the European Court of Justice (ECJ) regarding tax disputes based on the modern legislation of the EU countries and applicable international law to determine the concept and criteria for legal tax planning. This article provides an in-depth study of the well-known Cadbury Schweppes case (2006), including the decision of the ECJ, which laid the foundation for a new concept of examination and interpretation of tax disputes on the merits in general. The introduction of the concept of “wholly artificial arrangements” and their characteristics stipulated and determined the development of the entire field of tax planning for years to come. Other rulings of the ECJ following the case of Cadbury Schweppes have described in greater detail and more specifically the concept of “wholly artificial arrangements” under the influence of the practice of tax planning itself, determining what tax planning is legitimate and how exactly it should be distinguished from tax evasion and tax avoidance. Several research methods have been used in this study: comparative method, historical method, analytic method, inductive method. Keywords: European Court of Justice, freedom of establishment, notion of economic substance, tax disputes, tax planning, wholly artificial arrangements, tax evasion","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Impact of the Legalization of Criminally Obtained Funds on the Economy of Latvia","authors":"Liene Neimane","doi":"10.25143/socr.24.2022.3.041-061","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.041-061","url":null,"abstract":"The legitimate aim of confiscation of proceeds of crime can be defined as the removal of proceeds of crime from lawful civil circulation in order to prevent its further circulation and the further commission of criminal offences and to reduce the financial incentive to commit criminal offences. The author’s research of case law and latest trends has led her to the conclusion that the recognition of property as proceeds of crime requires time and understanding of the application of the respective rules in practice. The paper is second part of previously published article. The paper studies current issues in money laundering cases and latest trends. To prove the legal origin of property, it is often the case that the evidence presented is deemed insufficient by the persons directing the proceedings. In many cases, property or other tangible assets are confiscated simply because of a lack of understanding or adequate education, knowledge and practical experience, which leads to unjustified decisions to declare property as proceeds of crime and to confiscate it for the benefit of the state. This also puts the state itself at risk, as eventually diverse types of claims are brought, including for damage compensation; human rights violations are also identified. Keywords: stand alone, anti-money laundering, money laundering and related issues","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards Treaty on Business and Human Rights: Key Areas of Agreement","authors":"Mārtiņš Birģelis","doi":"10.25143/socr.23.2022.2.156-164","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.156-164","url":null,"abstract":"Current legal framework does not properly address the impact that transnational corporations have on human rights. In response to that in 2014 the UN Human Rights Council established an open-ended intergovernmental working group with a mandate to elaborate an international legally binding instrument to regulate activities of transnational corporations and other business enterprises. Although this decision was strongly contested and initially there was very little consensus on what such a treaty should entail, much effort has been invested to improve the content of the proposed treaty and gather the necessary support for its adoption. The aim of this article is to analyse the progress made in negotiating the treaty and to find any essential areas of agreement between different stakeholders. To achieve that aim, historical and analytical research methods have been primarily used. The study finds that two crucial areas of agreement exist – on the regulatory targets and regulatory model – that allows for real negotiations to begin. Keywords: consensus, human rights, transnational corporations, treaty on business and human rights","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073230","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Concept, System and Principles of Crime Prevention","authors":"Aleksandrs Matvejevs","doi":"10.25143/socr.24.2022.3.021-029","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.021-029","url":null,"abstract":"This article raises two main questions. The first concerns the current idea that punishment ‒ conceived as the loss of liberty ‒ has an effect in preventing unlawful behaviour. It can be shown that, in general, sanctions have a poor individual preventive effect. As to general prevention, punishment may be expected to have a deterrent effect when the unlawful behaviour is the result of a rational decision, that is, a decision based on a cost-benefit analysis. However, a wide variety of factors, from group support to situational and systemic factors, may very well counteract the threatening effect of the sanction. The second question concerns the crime control model focusing on having an efficient system, with the most important function control crime to ensure that society is safe and there is public order. Under this model, controlling crime is more important to individual freedom. This model is a more conservative perspective to protect society and make sure individuals feel free from the threat of crime. The results of this research underline the necessity for new concepts, including situational crime prevention, that must be accommodated within the academic and political discourses on crime control. Keywords: public order, crime prevention, crime control","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Digital Marketing: Problems of Internet Pharmacies Legal Regulation","authors":"V. Pashkov, Oleksii Soloviov, Andrii Harkusha","doi":"10.25143/socr.21.2021.3.191-203","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.191-203","url":null,"abstract":"Digitalisation of pharmaceutical activities is creating a new type of pharmaceutical market, a more flexible and less costly; yet it has become more dangerous for patients and the economic stability. The reason is the imperfection of the legal regulation and online sales of pharmaceutical products, in particular. It is necessary to clarify that digitalisation of pharmaceutical activities is not only about online sales of pharmaceutical products. It is also digital marketing, which includes promoting pharmaceutical products via the Internet, including advertising such products. Research shows that prescription drugs are sold to such patients by both illegal online pharmacies and legal ones. Most counterfeit medicines are sold through illegal online pharmacies. The purpose of the article is to draw attention to the need for legal support for the activities of Internet pharmacies using more efficient technologies, including limiting their activities. Carrying out the research, several scientific methods were used. The methods of system-structural analysis, induction and deduction were used at all stages of the research in the study of the legal regulation of the sale of medicines in various countries through Internet pharmacies, the practice of its use, the state of illegal behavior in this area, analytical materials and scientific sources. The formal-logical method was used to study regulatory acts and international documents, the comparative-legal method was used to perform comparative analysis of the legal regulation of Internet pharmacies’ activity, as well as the practice of its application in the countries of the European Union, the USA, Turkey, Ukraine, and some Arab states. It should be noted that in the EU member countries, due to single European economic and customs area and general regulation, the problems of Internet pharmacies are of the same nature. The content analysis method was implemented for studying journalistic materials and researching websites that offer distance selling, online ordering, and delivery of pharmaceutical products to a consumer in various ways. Keywords: online pharmacies, digital marketing, digitalisation of pharmacy.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Legal Challenges of Teleworking in Latvia","authors":"Marta Urbāne, I. Dovladbekova, Anželika Berķe-Berga","doi":"10.25143/socr.20.2021.2.058-066","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.058-066","url":null,"abstract":"This research is funded by the Ministry of Education and Science, Republic of Latvia, project “Life with COVID-19: Evaluation of overcoming the coronavirus crisis in Latvia and recommendations for societal resilience in the future”, project No VPP-COVID-2020/1-0013. Due to technological developments and entry of new generations into the labor market, teleworking is rapidly becoming more widely used as a form of employment. The Covid-19 crisis has increased its relevance over the past year. In the Latvian regulatory framework, this has been defined recently, including the definition of telework in the Labour Protection Law. Given that companies have had to adapt to the organisation of telework relatively quickly, in practice there are legal obstacles to effective implementation of sustainable telework. The aim of the article is to reveal the most significant legal obstacles to implementation of efficient and sustainable telework in Latvia, considering experience of other countries. Both national and international legislation have been used in the study to achieve the set goal. Descriptive, analysis, induction and deduction methods have been used in the development of the article. The results showed that there are uncertainties about application of the law in Latvia in the context of telework to the employee’s right to disconnect from digital devices. The authors also found that planned changes to the Labour Law regarding telework do not create legal certainty in employment relations in emergency situations, such as the Covid-19 crisis. The authors also suggest including the right to disconnect in the Latvian regulation, to secure employees’ rights to privacy and secure and healthy work environment.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69069990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}