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2018

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Full-Text Articles in Law

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts Dec 2018

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of ...


General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova Dec 2018

General Description, Causes And Prevention Of Corruption Crimes, Q Abdurasulova

ProAcademy

The article describes the concept of corruption, a general description of corruption o ffen sesa n d the reasons for the crime and its prevention.


Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov Dec 2018

Some Opinions On The Subjective Signs Of Complicity In A Crime, A Otajonov

ProAcademy

The article studies scientific-practical analysis of conditions connected with subjective sides of the criminal complicity institute and proposals aimed at uniform application of law norms in law-enforcement practice are developed.


The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov Dec 2018

The Issues Of Implementation Into The Legislation Of The Republic Of Uzbekistan Certain Provisions Of Article 53 Of The Un Convention Against Corruption, U Nigmadjanov

ProAcademy

This article addresses the issue of implementation to the legislation of the Republic of Uzbekistan certain provisions of Article 53 of the UN Convention against Corruption on criminal assets recovery in terms of permitting foreign state to initiate civil suits in the courts of the member states to establish ownership of property acquired through corruption offenses. The author analyzed the existing mechanism for filing civil claims for recognition of ownership of assets by foreign states in the courts of the Republic of Uzbekistan, as well as solving civil suit within criminal proceedings.


Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov Dec 2018

Legal Content And Frameworks Of Application Of The Privileges And Immunities Of The Representative Offices Of International Organizations In Member States, Sh Raxmanov

ProAcademy

This article examines the legal content and frameworks of the application of the privileges and immunities of the representative offices of international organizations in member states. It contains a detailed analysis and deliberation of the legal basis of privileges and immunities of representative offices of international organizations in Member States. The article tries to clarify and highlight the most pressing issues concerning the application of privileges and immunities of representations of international organizations, and propose some practical solutions to those issues.


Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev Dec 2018

Combating Terrorism As A Condition Of Preserving The Political Stability Of A Democratic Society, R Tlavberdiev

ProAcademy

This article addresses the challenges of ensuring the protection of children involved in violent extremism and terrorism through the recruitment and exploitation of minors by extremist and terrorist groups. Based on the analysis conducted' the author proposes to continue the implementation of international standards for juvenile justice in Uzbekistan and to strengthen the role of international organizations in ensuring the protection of the rights and interests of children.


General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov Dec 2018

General Description Of Crimes Related To Obstruction, Unlawful Interference In Business Activity, M Kurbanov

ProAcademy

In this article the author conducted an analysis general characteristics of crimes related to obstruction, unlawful interference in business activities.


Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova Dec 2018

Some Issues Of Ualification Of Crimes Committed Under Motive Of Revenge, U Zakirova

ProAcademy

This article covers the concept of the motive of revenge for a crime, its essence, as well as its influence on the qualification of a crime, including theoretical and practical problems of the motives of revenge for a crime, which are specified in the Criminal Code of the Republic of Uzbekistan, in addition, proposals and recommendations for further improvement of criminal legislation of Republic of Uzbekistan.


Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev Dec 2018

Approaches Of The Republic Of Uzbekistan To Combating Extremism Among The Youth, Sh Ruziev

ProAcademy

In contemporary conflict ridden world the struggle against extremism within youth environment has become increasingly more multifaceted, preventive and unconditionally obligatory in the context of state youth policy implementation. The task of early prevention of the likelihood of adolescents and young people of Uzbekistan falling under the Influence of violent ideology !s carried out by Joint efforts of state and public organizations with the active involvement of the general public and, especially, its most active layer — the youth themselves. Such a comprehensive and integrated policy, which has its own internal and international aspects, represents a unique experience that has become ...


Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov Dec 2018

Major Privileges And Shortcomings Of Cryptocurrency In The Republic Of Uzbekistan, A Davronov

ProAcademy

This article explores the use of crypto assets in criminal activities, also analyzes the law on digital economy


Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov Dec 2018

Theoretical Aspects Of Facultative Signs Of The Objective Side Of Crime And Their Legal Significance, F Xudaykulov

ProAcademy

This article illustrates the theoretical aspects of facultative signs of the objective side of the crime and their legal significances, including the theoretical and practical problems of facultative signs of the objective side of the crime, which are specified in the Criminal Code of the Republic of Uzbekistan. In addition, proposals and recommendations are given for further Improvement of the criminal legislation of the Republic of Uzbekistan.


El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez Dec 2018

El Papel De Transparencia Por Colombia En La Lucha Contra La Corrupción, Luisa Fernanda Sánchez González, Liliana Marcela Sastoque Martínez

Contaduría Pública

Transparencia por Colombia en sus dos décadas de existencia ha realizado aportes significativos para la lucha contra la corrupción, si bien es difícil establecer la cuantía de los actos de corrupción, podemos resaltar que el papel de esta ONG ha permitido que exista mejor y mayor acceso a la información por parte de la ciudadanía y esto se evidencia en el aumento de denuncias y en rechazos a través de las redes sociales y otros medios de comunicación a los actos de corrupción .En el presente artículo se describen algunos de los programas que esta entidad ha venido desarrollando en ...


Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), Yilmaz Turkeri Dec 2018

Harris V. State, 134 Nev. Adv. Op. 107 (Dec. 27, 2018) (En Banc), Yilmaz Turkeri

Nevada Supreme Court Summaries

The Court considered whether the admission of gruesome photographs showing the disfigured bodies of the victims following their deaths and the subsequent autopsies amounted to an abuse of the district court’s discretion. The Court concluded that admission of these photographs was an abuse of the district court’s discretion.


Conceptual Framework For The Development Of Criminal Legislation Of The Republic Of Uzbekistan, B. Xidoyatov Dec 2018

Conceptual Framework For The Development Of Criminal Legislation Of The Republic Of Uzbekistan, B. Xidoyatov

Review of law sciences

This article analyzes the problems in Criminal Law in accordance with the tasks mentioned in the Strategy of Actions for further improvement of the Republic of Uzbekistan, and identifies priority directions for the improvement of criminal law.


Counteraction To Cyber Terrorism: International Legal And Criminal Legal Aspects, A. Rasulev Dec 2018

Counteraction To Cyber Terrorism: International Legal And Criminal Legal Aspects, A. Rasulev

Review of law sciences

This article analysis the international acts and standards of the foreign criminal legislation providing questions of counteraction to cyberterrorism.


Mandatory Enforcement Bureau - As An Investigating Authority, E. Shermatov Dec 2018

Mandatory Enforcement Bureau - As An Investigating Authority, E. Shermatov

Review of law sciences

In this article, the author provides analytical information about the role of the Bureau of Compulsory Execution of the Republic of Uzbekistan in the public life of the citizens, the mechanisms and regulations in this area, as well as their application. The article presents the views of the author on the mechanisms of the Bureau of Compulsory Execution in the implementation of investigative functions.


Affect (Strong Mental Excitement) As Means Of Legal Structure In A Condition Of Relief And Penalty, K. Khakimov Dec 2018

Affect (Strong Mental Excitement) As Means Of Legal Structure In A Condition Of Relief And Penalty, K. Khakimov

Review of law sciences

The article analyzes the main features and qualification of a crime committed in the heat of passion as provided in the article 98, 106 of Criminal Code of the Republic of Uzbekistan. IT ALSO studies the main principles in understanding the concept of affect and the relation between legal and psychological meaning of affect. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.


Measures Of Preventing Crime Of Non-Performance Of Ones Duties In Their Profession, Sh. Khaydarov Dec 2018

Measures Of Preventing Crime Of Non-Performance Of Ones Duties In Their Profession, Sh. Khaydarov

Review of law sciences

The article defines the factors that determine the development of criminal legislation governing liability for crimes against life and health committed by the medical staff of Uzbekistan and foreign countries because of their inadequate responsibility. Taking into account the experience of foreign countries (USA, Australia, Canada), there are measures aimed at preventing the crime of medical personnel, unable to professionally perform their duties.


Approaches To The Study Of The Physical And Psychological Prophylaxis Of Crimes Committed Against Persons, S. Niyozova Dec 2018

Approaches To The Study Of The Physical And Psychological Prophylaxis Of Crimes Committed Against Persons, S. Niyozova

Review of law sciences

This article is devoted to the issues that analyses approaches on Viktimological preventive measures of coercion against persons and basing on the results promotes proposals on that sphere.


Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev Dec 2018

Criminal Punishment And Counteraction To Crime: Theoretical Applied Analysis, A.V. Sumachev

Review of law sciences

The article discusses the theoretical basis of implementation of one of the goals of punishment, namely the prevention of crime. It also examines the philosophical and historical assumptions of the definition of the purpose of punishment, and the effectiveness of the modern penal system and practices of their purpose from the point of view of achieving the goal of crime prevention. The attention is focused on the low efficiency of crime prevention on the part of the convicted person (special prevention) on the basis of the indicator of the level of recurrence of crimes. It is stated that the reason ...


Comparative Analysis Of The Endangerment Under The Criminal Law Of Some Developed Foreign Countries, S.R. Davletmuratov Dec 2018

Comparative Analysis Of The Endangerment Under The Criminal Law Of Some Developed Foreign Countries, S.R. Davletmuratov

Review of law sciences

In this article, from the point of view of the comparative analysis, the legal provisions of the criminal legislation of some foreign countries, devoted to the regulation of criminal liability for remaining in danger, are considered. Analyzed the characteristic features of the method of normative presentation of the elements of the crime, the use of various methods of legal analysis (for example, specific rules). The necessity of implementation of some provisions and norms of the Criminal Code of developed countries in the process of improving the national criminal law has been identified and substantiated. On the basis of the conducted ...


Possibilities Of Comparative Criminal Procedure In Reforming And Modernizing The Judicial And Legal System Of Uzbekistan, A.R. Akilov, S.D. Alimova Dec 2018

Possibilities Of Comparative Criminal Procedure In Reforming And Modernizing The Judicial And Legal System Of Uzbekistan, A.R. Akilov, S.D. Alimova

Review of law sciences

In this article, the author attempted to reveal the possibilities of a new direction of legal science, emerging not only in Uzbekistan, but also in the entire post-Soviet space – comparative criminal procedural law, which can be used at the present stage of reforms and changed in Uzbekistan in the field of justice. In particular, the comparative criminal procedure law can successfully, on the basis of the proven experience of the most developed democratic countries, solve many tasks identified in the field of justice recently adopted. Development strategy on five priority directions of the Republic of Uzbekistan for 2017–2021. These ...


Liablity For Legalization Of Incomes Obtained From The Proceeds Of The Offences In International Law Acts And Legislation Of Foreign Countries, F.M. Fazilov Dec 2018

Liablity For Legalization Of Incomes Obtained From The Proceeds Of The Offences In International Law Acts And Legislation Of Foreign Countries, F.M. Fazilov

Review of law sciences

This article the author analyzes the issues of responsibility for the legalization of income derived from criminal activity in international legal acts and legislation of foreign countries. The legalization of proceeds derived from criminal activities is a criminal socially dangerous act representing imparting a lawful type to the origin of money or other property by transferring or exchanging it, non-disclosure or concealment of the true nature, source, location, method disposition, movement, rights with respect to money or other property or its accessories if money or other assets derived from criminal activity.


The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai Dec 2018

The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai

American Indian Law Journal

No abstract provided.


State V. Brown (Taren), 134 Nev. Adv. Op. 102 (Dec. 20, 2018), Tracie Jefcik Dec 2018

State V. Brown (Taren), 134 Nev. Adv. Op. 102 (Dec. 20, 2018), Tracie Jefcik

Nevada Supreme Court Summaries

The Court interpreted the good cause showing requirements in NRS 177.015(2) and defined two of the statute’s key phrases: (1) the phrase “propriety of the appeal” means that an appeal is not taken for the purpose of delay, and (2) the phrase “miscarriage of justice” means that suppression of evidence would significantly impair or terminate the State’s ability to prosecute the case. Finding that the State in this case failed to demonstrate good cause, the Court dismissed the appeal.


Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry Dec 2018

Smoke But No Fire: When Innocent People Are Wrongly Convicted Of Crimes That Never Happened, Jessica S. Henry

Jessica S. Henry

Nearly one-third of exonerations involve the wrongful conviction of an innocent person for a crime that never actually happened, such as when the police plant drugs on an innocent person, a scorned lover invents a false accusation, or an expert mislabels a suicide as a murder. Despite the frequency with which no-crime convictions take place, little scholarship has been devoted to the subject. This Article seeks to fill that gap in the literature by exploring no-crime wrongful convictions as a discrete and unique phenomenon within the wrongful convictions universe. This Article considers three main factors that contribute to no-crime wrongful ...


Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, Niti Dalal Dec 2018

Optimizing A Method For Dna Recovery While Preserving Latent Prints On Paper, Niti Dalal

Student Theses

Paper evidence is commonly encountered in cases of kidnapping, threatening letters, extortion, and bank robbery, and the optimal workflow between latent print processing and DNA collection is of interest to the forensic community. The overall aim of this project was to achieve optimal amounts of DNA for typing without destroying the fingerprint. The first study compared two collection techniques—tape-lifting by Scotch Removable Poster Tape and dry swabbing with FLOQSwabs— using prints deposited in defined locations. Samples were processed for DNA and developed with 1,2-indanedione. The second aim was to determine if visualizing print locations with fingerprint powder prior ...


Collaborations Between The Juvenile Justice System And Home Visiting Programs, Francine Sherman, Jessica Greenstone Winestone, Rebecca Fauth Dec 2018

Collaborations Between The Juvenile Justice System And Home Visiting Programs, Francine Sherman, Jessica Greenstone Winestone, Rebecca Fauth

Boston College Law School Faculty Papers

No abstract provided.


Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh Dec 2018

Virtual Life Sentences: An Exploratory Study, Jessica S. Henry, Christopher Salvatore, Bai-Eyse Pugh

Jessica S. Henry

Virtual life sentences are sentences with a term of years that exceed an individual’s natural life expectancy. This exploratory study is one of the first to collect data that establish the existence, prevalence, and scope of virtual life sentences in state prisons in the United States. Initial data reveal that more than 31,000 people in 26 states are serving virtual life sentences for violent and nonviolent offenses, and suggest racial disparities in the distribution of these sentences. This study also presents potential policy implications and suggestions for future research.


Collaborations Between The Juvenile Justice System And Home Visiting Programs, Francine Sherman, Jessica Greenstone Winestone, Rebecca Fauth Dec 2018

Collaborations Between The Juvenile Justice System And Home Visiting Programs, Francine Sherman, Jessica Greenstone Winestone, Rebecca Fauth

Francine T. Sherman

No abstract provided.