Отношения на нараняване. Основания на преживяване, несъзнавани трансмисии и насилие в социалната практика

Author(s): Jürgen Straub / Language(s): Bulgarian Issue: 1-2/2016

People live in “collective relationships of harm and vulnerability”. This social-theoretical concept focuses on the fact that people interact as vulnerable subjects and subjects capable of violence whose vulnerability, solidified in dispositions, may be considered the result of violence sustained and inflicted in historical constellations. Following an outline of psycho-analytical research results, the author presents the concept of transgenerational transmission of serious (traumatic) injuries and emphasizes the importance of enactments as a special form of unconscious actional retrospection in social situations. It is argued and illustrated that these and other traces of collective violence – even those dating back to the early centuries – are eminently manifest in modern immigration societies (e. g. in interactions with political refugees). From a normative perspective, the author advocates a heightened sensibility towards harm that presupposes a differentiated concept of violence that also includes symbolical and psychological forms. After giving a short explanation of two modes of symbolical and psychological injury that are important in migration societies – “dyspresentation” and certain forms of omission, namely silence –, the author finally discusses the ‘danger’ of promoting a dubious “tribunalization” of psycho-social realities through an increasing (scientific) sensitization for relationships of harm and vulnerability.

ОГРАНИЧЕНИЕ КОНКУРЕНЦИИ: МЕЖОТРАСЛЕВЫЕ СВЯЗИ УГОЛОВНОГО ПРАВА И ИНЫХ ПРАВОВЫХ ОБРАЗОВАНИЙ

Author(s): Mikhail Yuryevich Chelyshev,Maria Vcheslavovna Talan,Andrey Valeryevich Mikhailov / Language(s): Russian Issue: 6/2015

The paper discusses elements of a crime encroaching on the basics of free market, fair competition. The elements and features of this type of crime, as well as the practice of applying the above-stated norm, are analyzed. Current trends in the legal policy of foreign countries concerning the field of antitrust legislation are studied. The statistical data on accountability for crimes against competition in Russia are considered. Weaknesses are identified in the legal technique of criminal legislation regarding the relations associated with the activity of economic entities. The dependence of effective law enforcement for preventing, eliminating, and restricting competition on the commensurate and adequate correlation between the norms of civil, administrative, and criminal legislation is proved. The need to strengthen the cross-sectoral links of antitrust legislation is substantiated.

СОВЕТСКАЯ ПОЛИТИЧЕСКАЯ ТЮРЬМА 60–70-Х ГОДОВ XX ВЕКА: КОНЦЕПЦИЯ ВЛАСТИ И ПОВСЕДНЕВНЫЕ РЕАЛИИ

Author(s): Alla Arkadevna Salnikova,Elena Andreevna Gerasimova / Language(s): Russian Issue: 3/2016

The paper examines a new penitentiary system conception generated in the USSR after the GULAG liquidation. This system was created as a specific “normalizing” and “therapy” space to not only isolate the society from unlawful and disloyal citizens, but also to “sovetisize” them if possible. Basing on the previously non-used official documents kept in the Russian State Archive of Modern History (RGANI) and law documentation, the specificity of penitentiaries for the convicted of state crimes (“politicheskikh”) and their role in a new Soviet prison model are revealed and analyzed. It is proven that special penitentiary institutions opened in the 1960s – 1970s to isolate beyond re-educational and extremely dangerous state criminals differed greatly from the ordinary penitentiary system institutions, including the problems of the prisoners’ daily life organization and regulation. Contradictions are found between the authority conception and the prison routine realities. It is argued that the penitentiary reform of the 1950s – 1960s in the USSR consists of two periods: the first one (1954–1960) was the period of some liberalization; the second one (since October 1960) was the period of increased penalties for crimes against the state. It becomes obvious when analyzing the situation of political prisoners in the examined period.

Monitoring Prison System Reform in Serbia 2012-2013 and Prison System in Serbia in 2011

Author(s): Jelena Mirkov Subić,Ivan Kuzminović,Mara Živkov,Ljiljana Palibrk / Language(s): English

Türkiye’de bürokratik elitizmi anlamak, pdy (fetö) ve yargi ilişkisi

Author(s): İbrahim Gül,Sait Yılmaz / Language(s): Turkish Issue: 33/2017

Judicial hegemony or juristocracy can be defined as the use of caste within the state to reach the strategic objectives of the judges and prosecutors who are the members of illicit organization. This study aims to explore and analyze the organizational structure of the terrorist organization, which is called PDY, and understand how this terrorist organization terrorized the judicial structure in Turkey. Based on the theoretical framework of elitism and bureaucratic elitism, the study also aims to analyze the relationship between PYD terrorist organization and judicial system by using the case study as a method of data collection method.

Czy każda kultura zasługuje na obronę? Kilka wątpliwości dotyczących cultural defence i prawa karnego w dobie multikulturalizmu

Author(s): Michał Dudek / Language(s): Polish Issue: 2/2011

The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues. The aim of the article is to indicate some of the axiological problems faced by the legislator in the law-making process. They are clearly visible in those legal regulations that are introduced in response to crisis situations. The presented example – terrorist attack by hijacking a plane – is not only used to demonstrate dilemmas which in this situation must be settled by the legislator preparing relevant legal provisions, but it is also a pretext for enriching the discussion on the axiological aspect of the law. The article focuses on the so-called natural helplessness of law in axiological matters, law inflation and the problem of responsibility. The author concludes that issues indicated in the article cannot be solved in the light of current Constitutional Court’s judgements, which are treated as a reference point of the discussed issues.

The Manifestation of Will: The Vectorial Force of Accepting Guilt

Author(s): Camil Tănăsescu / Language(s): English Publication Year: 0

Individual conduct involves the orientation of actions in a certain way by making a decision. The attempt to establish the unique and appropriate purpose of the action is based on the intention to achieve that goal, followed by the elaboration of the mental plan for the realization of the action. In the deliberation, certain processes are underway to investigate the conditions for carrying out the criminal activity, assessing its effects in the objective reality. Following the analysis of the meanings, the reasons and the purpose pursued, the mental plan for the concrete realization of the criminal activity is finalized by making the decision to commit the crime. Finalizing the decision is followed by its execution to achieve the goal pursued, the aggressor using is hull psychophysical ability, knowledge, skills and ability in adopting a method of action. The manifestation of will is realized when the individual acts knowingly, even if the purpose of his actions coincides with the interests and needs of others. The guilt appears to be a force contrary to the manifestation of freedom of each individual, considered as the original behavioral form of any collectivity that opposes block of opposite behavior.

Dobre praktyki resocjalizacyjne w zakładach poprawczych i schroniskach dla nieletnich w Polsce

Author(s): / Language(s): Polish

A juvenile detention centre is commonly associated with a prison for under-age offenders, a place of detention for dangerous juvenile delinquents. This volume abolishes this stereotype. It shows juvenile delinquents through the prism of their tragic family histories and psychological and social deficits they manifest; most importantly, however, it demonstrates the wide range and comprehensiveness of social rehabilitation programmes offered by juvenile detention centres and shelters. It provides a description of thematically arranged programmes applied by social rehabilitation staff, including those connected with leisure time (e.g., canoeing, windsurfing, and biking camps), animal care (animal-assisted therapy), theatre, music, arts, sociotherapy, promotion of family life (e.g., baby manikin care training), voluntary social work (e.g., with juvenile offenders taking care of disabled children), and many others. The volume is addressed both to practitioners (as a resource book with detailed activities plans) and to scholars/theoreticians (psychologists, social rehabilitation academic teachers, and students who take psychology and/or social rehabilitation pedagogy as their majors).

Tipologia grupărilor de crimă organizată

Author(s): Anca-Gabriela Petrescu,Ionel-Ștefan Săvulescu,Ivan Lucian / Language(s): Romanian Issue: 12/2019

Typologies are important in providing greater detail to what is meant by the concept of transnational organized crime. It is clear from the overview of the groups the wide variety ofstructures, activities and potential outcomes that are encompassed by the concept. The identification of different types provides more detail in this respect providing a clear picture of what is entailed by the phenomenon of transnational organized crime. The identification of a series of typologies has important policy implications for law enforcement agencies. Different strategies of law enforcement must be used in confronting different types of organized crime groups. Identification of typologies may provide a useful tool for law enforcement professionals.

Odpowiedzialność karna za zjawisko cyberprzemocy w świetle prawodawstwa polskiego

Author(s): Katarzyna Las / Language(s): Polish Issue: 1/2020

The subject of research in this article is the phenomenon of cyberbullying. The aim of the study is to show how the victim can bring his attacker to criminal liability. The most common types of cyberbullying, as well as statistics of identified crimes from individual articles of the Criminal, Civil, and Civil Code articles, were also discussed. In addition, the article is to indicate the problem of the inadequacy of the code provisions for new types of crime. The research methods used include the analysis of existing data. The article is an attempt to categorize forms of cyberbullying and to organize terminology. The article may be the basis for further detailed research on the phenomenon of cyberbullying.

Cyfryzacja zarządzania migracjami w Unii Europejskiej

Author(s): Helena Wyligała / Language(s): Polish Issue: 2/2019

The aim of this article is to illustrate how deeply digitisation is entering the process of managing migration in the EU. It raises the question of the stage of development of existing and new tools in this area. Against the background of the processes of digitalisation and strengthening the internal security of the Schengen area, using an analysis of the sources of European Union law, the modernisation of the three main systems used in EU migration policy will be presented: SIS II, VIS, Eurodac and 3 new systems: EES, ETIAS, ECRIS-TCN. Their development has accelerated in the last few years, as the migration crisis of 2015-2016 has highlighted the need to fill the security gaps by integrating these systems. The use of large-scale computer base is therefore a challenge to ensuring security in the EU, but it raises the question of the pace and scale of change and its impact on the protection of personal data.

NEW TECHNOLOGIES AND THE DISCOURSES OF HUMAN RIGHTS, POLITICS, AND SOCIETY

Author(s): Goran Ilik,Angelo Viglianisi Ferraro / Language(s): English Issue: Supp. 1/2021

Modern societies are associated with the constant flow and acceptance of information and communication technologies at home, in the workplace, in the process of education, even in recreational activities. The development of new technologies has not only challenged human rights, but also politics and society in general. Even more importantly, this new technological level has also empowered transnational corporations operating in the digital environment as hosting providers to perform quasi-public functions in the transnational context. New technologies have the potential to make significant positive contributions to the prevention, promotion, and protection of human rights and democratization, decentralization, and digitalization of politics and the advancement of society as a whole.

A New Model of Penitentiary

Author(s): Doian Chiriță / Language(s): English Publication Year: 0

In order to create a better society, due importance must be given to persons deprived of their liberty, in the sense of changing their behavior, so that in the end they no longer commit antisocial acts. As a result, the necessary attention must be paid to the development of appropriate educational and social programs, as well as to places of detention. Thus, as we will show below, the architecture of the penitentiary should be different, both inside and out. We cannot achieve the expected resocialization if we do not adapt the construction of detention units and educational programs to a positive purpose and not to a punitive one.

Rodzice więźniów. Studium doświadczeń

Author(s): Angelika Cieślikowska-Ryczko / Language(s): Polish

This monograph is a sociopedagogical study of the experience of parents of prisoners. In analyzing the issue of family crisis in prison, I looked at the perspective of fathers and mothers of incarcerated sons. In my analysis I used the biographical method, as proposed by such researchers as Fritz Schütze or Tom Wengraf. The main aim of this study was to identify the ways in which the subjects define their own life experiences. I was interested in the process of assigning meanings to various life events. Within the obtained narrations I recognized remedial and adaptation strategies undertaken by parents of prisoners. The results of the analysis allow me to answer the question: how do family members cope with the experience of imprisonment and how do they construct their own identity in the face of this event? The study consists of three main parts. Part I is a theoretical and methodological introduction to the research context. Part II is the author's study of the problem (description of the results of the analyses devoted directly to the experiences of the parents of prisoners). Part III is a kind of summary of methodological dilemmas and the process of conducting interviews.

The Wagner Group as an Instrument of Russian Revisionist/Nihilist Policy

Author(s): Agnieszka Szpak,Agnieszka Bryc,Joanna Piechowiak / Language(s): English Issue: 1/2024

The article highlights gaps in the literature and misunderstandings concerning the Wagner Group. It also examines the legal issues surrounding the status of the Wagner Group according to Russian and international law, as well as its use as a tool in Vladimir Putin’s policy of revisionism – a means to destroy or undermine the international order. The article has two objectives: (1). To demonstrate that the Wagner Group does not align with the typical definition of a private military company; (2). To illustrate that the Wagner Group serves as an instrument for Russian revisionism policy and the management of instability. The main contribution of this article is its contradiction of commonly accepted assumptions that classify the Wagner Group as a private military company, shedding new light on its status and usage. This methodological approach, combining perspectives from security, politics, and law, is enlightening and should be valuable to readers interested in security and international studies.

Non-State Actors in Nation-State Cyber Operations

Author(s): Agata Małecka / Language(s): English Issue: 1/2024

Since cyberspace has become another dimension of state competition, the number of nation-state cyber operations has increased significantly. In the recent past, they were associated with cyber espionage (political and industrial), and this is still in use. Many of them have taken the form of ransomware attacks, blocking access to data. Over a period of several years, there were numerous instances of cyber operations aimed at manipulating the interpretation of information. These operations utilized social media to influence election outcomes in democratic political systems by shaping voter behavior. One of the biggest problems in the analysis of nation-state cyber operations is attribution. Nevertheless, the actors conducting cyber operations are becoming better known. One of them is a category of Advanced Persistent Threat (APT). The main aim of the article is to identify the direction of the development of nation-state cyber operations, which is increasingly determined by non-state actors’ behavior. This requires highlighting the implications in terms of international law and the security strategies used by specific states – in both cases, in the process of ongoing creation. The main research problem was defined as the following question: How do states use APT to conduct cyber operations, and what are and could be the effects of the APT activities (an attempt to identify the characteristics of contemporary and future nation-state cyber operations based on an analysis of nation-state cyber operations in recent years)? In order to achieve the defined goal, the author primarily used qualitative methods: content analysis – in particular, institutional analysis and statistical data analysis.

Recenzja książki: Safjański, T. (2023). Tak zwany Interpol. Studium uwarunkowań skuteczności zwalczania przestępczości transgranicznej i terroryzmu w ramach globalnej współpracy policyjnej. Difin. (ss. 503).

Author(s): Adrian Szumski / Language(s): Polish Issue: 1/2024

The reviewed monograph concerns determinants of Interpol’s effectiveness in combating cross-border crime and terrorism. The author focused primarily on a comprehensive analysis of the operational aspects of Interpol’s functioning, indicating both strengths and weaknesses of this organization that affect the effectiveness of international police cooperation. He also touched on legal, organizational and political issues concerning Interpol’s activities in the field of security. The results of research made it possible to confront the mechanisms of cooperation functioning within Interpol with the practice of their use. In this respect, the opinions of law enforcement officers of various member states of this organization who deal with instruments offered by Interpol in their activities, were also analyzed. The entirety of considerations contained in respective chapters made it possible to the Author to formulate and present accurate postulates that could eliminate existing shortcomings and increase the effectiveness of Interpol as a global entity organizing policecooperation in combating crime. The reviewed study is an extremely reliable source of knowledge about the opportunities offered to the member states by the Interpol and its limitations. The monograph expands, systematizes and deepens knowledge about operational activities of Interpol, and the recommendations contained therein are undoubtedly a valuable material for discussion on possible changes in this organization. Thus, the monograph is a valuable material not only from the point of view of its scientific value, but also contains important content, concerning practical dimension of international police cooperation

Recenzja książki: Bezpieczeństwo publiczne. (2023). (red.) Tomasz Grabowski. Seria: Słowniki Społeczne. Wydawnictwo Naukowe Uniwersytetu Ignatianum w Krakowie. (ss. 392).

Author(s): Tomasz Pawłuszko / Language(s): Polish Issue: 1/2024

HELSINŠKE SVESKE №38 Praćenje reforme zatvorskog sistema u Srbiji 2012 – 2013. i Stanje ljudskih prava u zatvorima u 2011. godini

Author(s): Jelena Mirkov Subić,Mara Živkov,Ljiljana Palibrk,Ivan Kuzminović / Language(s): Serbian

Over the years, the Helsinki Committee for Human Rights visited prisons in Serbia and reported on the human rights situation of convicted and detained persons - in other words, since 2001, the Committee has visited all 28 penal institutions, many of them more than once. In a large number of reports, the Board specifically analyzed the discrepancies between domestic legislation and international standards on the one hand and practice in the sanctions enforcement system on the other hand, suggesting possible solutions.

HELSINŠKE SVESKE №38 Monitoring Prison System Reform in Serbia 2012-2013 and Prison System in Serbia in 2011

Author(s): Jelena Mirkov Subić,Mara Živkov,Ivan Kuzminović,Ljiljana Palibrk / Language(s): English

Over the past ten years, the Helsinki Committee for Human Rights in Serbia (HCHRS) has conducted dozens of visits to prisons in Serbia with the aim of making an assessment of the human rights conditions for imprisoned and detained citizens. Since 2001, the HCHRS has visited all 28 institutions for the execution of criminal sanctions, many of which several times. In a vast number of reports1, the HCHRS has conducted analyses and noted non-compliance with solutions prescribed by national legislature and international law on the one hand, and with common practices in the system of execution of criminal sanctions on the other.