Socrates最新文献

{"title":"Role of Forensic Historical and Archaeological Examination in Preserving Archaeological Heritage","authors":"K. Sylenok","doi":"10.25143/socr.21.2021.3.215-226","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.215-226","url":null,"abstract":"The article covers the topic of the possibility of conducting forensic historical and archaeological examination. The problems that arise when protecting archaeological monuments are relevant not only for Ukraine but also for many countries of the world. Preserving history is an important task for every civilized country. To ensure effective protection of historical heritage of Ukraine, it is necessary to have effective mechanisms to prevent and protect archaeological monuments against destruction and theft. Formation and development of forensic historical and archaeological examination is essential to improve Ukrainian legislation, including the field of forensic science. To effectively apply state policy on the issues of archaeological monuments preservation while pre-trial investigation of criminal offenses, it is necessary to make an active use of special knowledge in the field of historical and archaeological research. One of the peculiarities of forensic research is that it should be performed in compliance with appropriately approved expert methods, characterised by combining in itself the ne­cessary requirements for research and being the basis for quality and speed for solving forensic examination tasks. In this regard, their study and development are significant in research and practice. The aim of the article is to study the role of forensic historical and archaeological examination in preservation of archaeological heritage. It analyses the respective literature and legislation of Ukraine dedicated to forensic examination, forensic historical and archaeological examination and international experience in the field of archaeology. Keywords: archaeological heritage, archaeological monuments, forensic historical and archaeological examination, protection of archaeological heritage in Ukraine.","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":"69072144","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":"Automatizētās datu apstrādes sistēmā esošo datu kontrole (Kriminālprocesa likuma 219. pants): nacionālie un starptautiskie piemērošanas aspekti","authors":"Uldis Ķinis, Ņikita Sinkevičs","doi":"10.25143/SOCR.19.2020.1.090-109","DOIUrl":"https://doi.org/10.25143/SOCR.19.2020.1.090-109","url":null,"abstract":"Raksta tapšanas ideja ir saistīta ar Valsts policijas iesniegto priekšlikumu Tieslietu ministrijas Kriminālprocesa ekspertu pastāvīgajai darba grupai par grozījumiem Kriminālprocesa likuma 219. panta otrajā daļā. Kriminālprocesa likuma 219. pants “Automatizētās datu apstrādes sistēmā esošo datu kontrole” būtībā ir analogs Kibernoziegumu konvencijas 19. pantam, kas uzliek dalībvalstīm pienākumu pieņemt tādus tiesību aktus, kas atvieglotu to teritorijā esošo sistēmu pārmeklēšanu. Priekšlikuma būtība: atteikties pantā no nacionālās teritoriālās piemērošanas klauzulas, jo tā ierobežojot policijas iespējas iegūt pierādījumus, ja no pārmeklējamās sistēmas ir iespējams likumīgi piekļūt datiem, kas glabājas sistēmās, kas atrodas ārpus Latvijas Republikas teritorijas. Citiem vārdiem sakot, idejas būtība ir mainīt panta piemērošanas jurisdikciju no nacionāli teritoriālās uz pārrobežu. Diskusija par to, vai vienai dalībvalstij ir tiesības veikt datu sistēmu pārmeklēšanu citā dalībvalstī, notiek jau kopš Kibernoziegumu konvencijas pieņemšanas. Turklāt tā turpināsies vismaz līdz Konvencijas otrā Papildprotokola pieņemšanai, kur būtu jāatrisina jautājumi ar pārrobežu sistēmu pārmeklēšanu un datu izņemšanu. Rakstā tiks analizēts, vai un kā situācija, īpaši saistībā ar jurisdikciju kriminālprocesā, pēc Kibernoziegumu konvencijas un Kriminālprocesa likuma pieņemšanas ir mainījusies, un tiks sniegti priekšlikumi, kā efektīvāk būtu risināma problēma, kuru aktualizējusi Valsts policija. The article “Control of Data Located in Automated Data Processing Systems: National and International Application Aspects” is the result of the idea initiated by the proposal submitted by the Latvian State Police, to the Permanent Working Group of Criminal Procedure Experts of the Ministry of Justice regarding the amendment of Section 219, Paragraph 2 of the Criminal Procedure Law. Article 219 of the Criminal Procedure Law “Control of Data in an Automated Data Processing System” is essentially analogous to Article 19 of the Cybercrime Convention, which obliges Member States to adopt such legislation as to facilitate the search of data in systems located within their territory. The essence of the proposal is to renounce the national territorial application clause in the Article, as it restricts the police operability to obtain evidence in criminal proceedings in situations where data stored in another computer systems are located outside of the territory of Latvia but are legally accessible from searchable system via Internet. In other words, to change the scope of jurisdiction of search and seizure to transborder search and seizure. The debate on whether one Member State is entitled to search and capture data in a system located in the territory of another Member State, is not new. It has been running since the adoption of the Convention and it is believed it will continue at least until the adoption of the Second Additional Protocol to the Convention, which should address issues re","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":"69069875","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":"Latvijas Republikas Satversmes 4. panta pirmā teikuma “Valsts valoda Latvijas Republikā ir latviešu valoda” zinātnisko komentāru papildinājums","authors":"R. Balodis","doi":"10.25143/socr.21.2021.3.016-052","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.016-052","url":null,"abstract":"The Latvian language is an essential element of constitutional identity of the Republic of Latvia, without which the Latvian constitutional system and the system of Constitution cannot be imagined, as such. Since 2021, the Official Language Day on 15 October has been celebrated. According to the President of Latvia Egils Levits the Official Language Day may serve as another opportunity to spread awareness and promote the use of the Latvian language as one of the main constitutional values of our state and nation. The Official Language Day is a meaningful contribution to the future tradition of celebrating the official language across society. The current study focuses on the issue of the official language in Latvia and its importance from the perspective of constitutional law. The experience of the Republic of Latvia is divided into two periods. The first – covers the period 1918–1940, when it was interrupted by the Soviet occupation. Consequently, after the restoration of independence in 1990, the second period can be defined: 1990–currently. If during the pre-war period the Latvian language was only enshrined in law, during the second period the official language has been enshrined in the Constitution (Satversme). The official language of the Latvian Constitution is specified in Section 4. The given article is designed to supplement the scientific comments of Section 4, which was issued in 2014. Keywords: Constitution (Satversme), Latvian language, official language, language policy, national minorities.","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":"69071025","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":"Role of the WTO in the Development of International Trade and Economic Sustainability","authors":"Giga Abuseridze","doi":"10.25143/socr.21.2021.3.082-089","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.082-089","url":null,"abstract":"In the article, the role of the World Trade Organisation (WTO) in the development of international trade and economic sustainability has been analysed. The author explores specific challenges / factors that affect economic sustainability and fair trade as well as political economy of trade and negotiations as the tools of the WTO. It is argued that economic stability and the process of democratisation are essential to ensure international and fair trade. Under democracies those countries are implied where the rate of economic stability is high according to the principles established by international norms, i.e. where market economy, internal democracy, transparent trade system, human rights, trade neutrality, etc. are observed. Almost every country where these democratic norms are applied has trade partnerships with the others rather than conflicts. For international trade to occur it is essential to have a competitive market system in a country since competition is a characteristic feature of international trade that can be safeguarded through observation of democratic principles and political stability. Development of free trade by the WTO depends precisely on implementation of these fundamental principles. In view of the abovementioned factors, the article quite legitimately studies interconnection between the WTO and economic sustainability. Keywords: Agreement on Trade-Related Aspects of Intellectual Property Rights, dispute settlement understanding, general agreements on tariffs and trade, regional trade agreements, World Trade Organisation.","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":"69071233","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":"Application of Expedited Procedure in Context of Ensuring Principle of Inevitability of Punishment","authors":"Dainis Vēbers","doi":"10.25143/socr.20.2021.2.245-254","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.245-254","url":null,"abstract":"The aim of the study is to analyse Latvia’s simplified forms of criminal proceedings, particularly the expedited procedure, possibilities for improving its application when evaluating ensuring the principle of inevitability of punishment. It has been concluded in the study that the Criminal Procedure Law provides for sufficiently effective simplified forms of criminal proceedings which allow for the rapid achievement of a fair settlement of criminal legal relations. Simultaneously, practical application of these simplified forms of criminal proceedings should be improved. It is particularly important to promote interinstitutional cooperation by ensuring common understanding of the investigator and the prosecutor, their willingness to work together. The Prosecution Office should take the initiative by creating standards for the application of simplified forms of criminal proceedings, i.e. at the stage of investigation and in their further direction. Effective application of the expedited procedure and other simplified forms of criminal proceedings serves to ensure the principle of inevitability of punishment, as well as to facilitate the exercise of the right to criminal proceedings within a reasonable time. The study looks at Latvia’s regulatory enactments and their application practices, legal literature, statistics of criminal proceedings. The study uses comparative, descriptive, deductive-inductive methods as well as methods for interpreting legislation.","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":"69070838","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":"Whether Sports Liability is an Independent Type of Legal Liability","authors":"K. Zalcmane, M. Kameņecka-Usova","doi":"10.25143/socr.20.2021.2.255-267","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.255-267","url":null,"abstract":"Sport law as a highly developed complex branch of law regulates legal relations related to the subject of the different branches of law. Liability for violation of rights, non-performance or improper performance of duties is the basis of criminal, administrative, disciplinary and civil liability. However, there is another type of liability and sanctions provided for violation of sport rules. Nevertheless, no commonly accepted opinion has still been formed whether sports liability is a new type of legal liability or not. Therefore, the aim of the research paper, through general scientific methods (mono­graphic method, analytical method, historical method, comparative method, induction deduction) and methods of interpreting legal norms (grammatical, historical, teleological and systemic methods) is to determine the concept and content of sport liability. To reach the proposed aim, the authors of the study have formulated the concept and signs of sports liability, determined the types of a sports offense, analysed non-standard cases that outside the sports industry would not be subject to any liability and have identified main types of sports sanctions.","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":"69070864","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":"Legislative Restrictions on Participation in Armed Conflicts in Latvia","authors":"Vitolds Zahars, V. Upeniece","doi":"10.25143/socr.21.2021.3.105-114","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.105-114","url":null,"abstract":"Regulation of the Republic of Latvia ensures limitation of both illegal participation in armed conflicts and gaining unwanted military experience. The article analyses norms of the Criminal Law and the National Security Law which restrict the service in the armed forces of other countries and participation in the armed conflicts. These norms have been studied in connection with the norms of the Citizenship Law and the Law On Participation of Latvian National Armed Forces in International Operations. The purpose of the article is to propose the possible solutions to the identified problems, by analysing the stated regulation, in order to reduce the possible unintentional violation of the regulation by individuals. The historical, analytical, systemic and teleological methods have been used in the preparation of the article. Keywords: participation in the armed conflict, military service, Latvian citizenship, non-citizen.","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":"69071751","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":"Forensic Expert Activity: Issues of Improving Effectiveness","authors":"Inessa Ovsiannykova","doi":"10.25143/socr.21.2021.3.204-214","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.204-214","url":null,"abstract":"Improving efficiency of forensic science nowadays is poorly understood and extremely relevant for administration of effective justice in Ukraine. To understand the goals that need to be achieved to obtain the desired result, first the existing problems that need to be addressed must be understood. Based on the previous analysis of the administrative legislation of Ukraine, scientific literature, as well as the practical experience of experts, the article considers the key problems in the field of forensic examination of theoretical, methodological, practical and administrative nature, which must be addressed to improve judicial efficiency in the country. Keywords: effectiveness, expert, forensic expert activity.","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":"69072079","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":"International Cooperation Between Ukraine and Latvia in the Area of Justice (Executive Branch of Power)","authors":"O. Agapova","doi":"10.25143/socr.20.2021.2.067-074","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.067-074","url":null,"abstract":"Implementation of the Association Agreement between Ukraine and the European Union has opened additional opportunities for establishing bilateral cooperation between bodies, institutions and organisations in the field of justice. The article examines the structure and management system of the Ministries of Justice of Ukraine and Latvia. In the course of a detailed analysis of the institutional structure and functional purpose, it was established that the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia have similar activities and management systems, typical for many European countries. Ukraine’s European integration aspirations, reflected in its commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, demonstrate Ukraine’s serious intentions to change its approach to justice. It is established that in the direction of the development of cooperation in the field of justice between Ukraine and Latvia fruitful cooperation is established, which is reflected in the Memorandum of Understanding between the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia.","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":"69070048","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":"Contradicting Narratives on the Spirit of the Laws: Cognitive Discourse Analysis on Narratives in China and Central and Eastern Europe","authors":"M. Daugulis, K. Bukovskis","doi":"10.25143/socr.20.2021.2.115-126","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.115-126","url":null,"abstract":"The aim of the research is to deconstruct communicative narratives within speeches of China’s President Xi Jinping thus identifying notions for common ground in cooperation with the European Union, as well as notions that contradicts the spirit of law of Europe. The scope of research materials includes speeches of Xi Jinping addressed in a particular format – cooperation platform with Central and Eastern European countries “17 + 1”. This cooperation platform has been chosen as a discourse frame because of its rich content (China addresses 17 countries with various themes and focuses of importance). Research method utilised is cognitive discourse analysis (CODA) which focuses on those properties of discourse that are accounted for in terms of cognitive concepts. CODA allows to identify models of perceptions how cooperation and attitude toward common agreements should be formed. Several communicative narratives were identified that directly contradicts to common sense of Europe how cooperation and agreements should be maintained. Most important to mention are: 1) narrative of visible hand – as a counter argument on liberal economics – ability to interrupt free market at any situation; 2) narrative of silver bullet – a twin narrative of visible hand only in domain of political decisions; it includes an assumption that effective cooperation with China as a leader within community implies quick solutions to any decision-making problems via political intervention in business; 3) narrative of inclusive globalisation – includes expectation from all partners to respect deviations from democratic norms and western liberal values.","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":"69070285","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}