The article presents a philosophical and legal study of relationship between the concepts of vice, sin and crime. On the basis of modern criminological analysis, the authors conclude that the main cause of crime lies in the objective existence of human vices associated with the weakness of human nature. As a part of the study of criminal cases, the authors formulated a generalized criminological portrait of a personality of a police officer who commits corruption crimes. The authors argue that criminalization of a personality goes through several successive stages: vice, passion, sin (immoral behavior, administratively punishable act, and the highest degree is a crime). The authors propose to consider corruption from two sides: 1) as an independent personal vice and 2) as a reflection (result) of the vices of society. The corruption crime is examined by using the triangle of Donald Craessy. On the basis of this approach, the authors argue that social causes alone do not trigger corruption behavior. Only vices push an offender to corrupt behavior. As a mean of preventing of official misconduct, the authors propose moral and ethical standards of official conduct.
The purpose of the paper is to justify the need to make amendments to the Criminal Code of the Russian Federation, i.e. providing for exempting those individuals from criminal liability, who have committed acts, set forth formally, sustaining their traditional lifestyle in the North. The paper summarizes key issues of rights protection of indigenous minor peoples of the North (Khanty or Mansi), who sustain a traditional lifestyle, dealing with exploitation of ancestral lands: hunting, fishing, use of other resources. In the Khanty-Mansi Autonomous Okrug, it is very common when individuals are being prosecuted for illegal felling (Article 260, Criminal Code of the Russian Federation), as well as for illegal acquisition, transfer, sale, possession, transportation or carrying of explosives or explosive devices (Article 222.1, Criminal Code of RF). However, using these lands make it possible for the general public to do so too, and it is not only for relatives or friends of the owner of ancestral lands. Following the casework, it has been found that in a significant number of cases the investigation fails to establish either the direct ownership of items limited in circulation (gunpowder, ammunition) or specific individuals who carried out the felling in a particular place. Such being the case, the legal owner of the land or its part is held liable. This new law will protect the indigenous peoples of the North from inconsistent criminal repression and preserve their cultural practices.
The study of the provisions of various branches of Russian law and practice of law enforcement (judicial), which in different ways express the complex legal status of subterranean water bodies. During the study process of the considered question the following general and private methods of scientific cognition of the real and objective reality were applied: dialectical, logical and legal, statistical, system analysis, specific sociological, and professional methods of research. The peculiarity of the authors’ methodology is the use of data of natural science, as well as data of economic or technical properties, based on which legal ideas are developed. The comparative legal method of research is applied. The authors have analyzed, summarized, and synthesized the main approaches to the legal regulation of relations concerning groundwaters. The main provisions and proposals are compared with the domestic legislation and European Union law, its individual members (for example, Croatia). The example of the law of the state of Texas USA is given. Step by step, the legal status for the use and protection of subterranean water bodies has evolved into a qualitatively new phenomenon that absorbs all previous legal approaches and principles.
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