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The problem under study. The problem of efficiency of alternative to imprisonment (non-custodial) sanctions is investigated in the present study. The fundamental advantage of this kind of punishment is the possibility to control offenders' behavior in the community. This idea is based on the personal ability to change, which depends on an offender's will and efforts to change himself and to start solving the problems, which have caused the offending behavior (motivation to change). Therefore, imposed alternative sanctions should affect the changes in offenders' behavior. The individual conditions (obligation and/or restrictions) of the sanction, imposed by a court, should direct an offender's efforts to change. The problem of efficiency of alternative sanctions is discovered, while studying, how the conditions of imposition and execution of these sanctions could affect the criminogenic factors and, therefore, could reduce recidives of crime. Analyzing these aspects we can observe the problem of individualization of punishment, or finding the appropriate sanction, and the problem of coherent application of the sanction. A court, imposing non-custodial sanction, should not only state a term of its application, but also should decide, if the imposed obligations (their amount and character) are sufficient to supervise the offender in the community. The imposition of non-custodial sanctions to a great extend determs the process of execution of it. Particularly, if the conditions of imposed sanction do not determine the offender to change and to solve the problems, related with offending behavior, then the control of their execution cannot affect the recidive of offending. The practical efficiency of these sanctions is determed by selection of the appropriate sanction; by sufficiency and practical useness of requirements, applied to offender in the process of execution; and by evaluation of the execution. The relevance of the study. The Commettee of Ministers of The Council of Europe, solving the problem of overcrowdedness of prisons, recommended to the member-states to deliver the plan to solve this problem, which would be based on the priorities of punishment, the public opinion, and the analysis of present practice of punishment. The program of the Government of the Republic of Lithuania of years 2000 – 2004 contains the intention to modify partially the system of punishment; to state the adequate punishment to the violations of law, to reduce the repressive effect of sanctions, to seek the social integration of the persons, having served the sentence. In this program there was presumed "the principle of economy of punishment" – the least sanction, which would be enough to affect the offender and stimulate him to change; confirmed the intention to apply community service, material sanctions and other non-custodial sanctions rather than penal measures. The legislative directions, contained in these documents, allowed to extend the application of alternative sanctions in the Penal Code, which came into effect on 1 May 2003. These measures were supposed to reduce the number of imprisoned and to become an efficient alternative to custodial sanctions. One of the conditions of efficiency of alternative sanctions is a systematic analysis and evaluation, if its application helps to reach the planned results. After more than five years since new Penal Code came into effect, we have some expirience of application of alternative sanctions, which would need a revision. Observing the functioning of the system of these sanction we can note, that the sanctions are being imposed and executed chaotically. This primary overview determs the relevance of theoretical and practical study of alternative sanctions. The law acts of the Republic of Lithuania forms the need to create an efficient model of probation. The program of the Government of the Respublic of Lithuania of the years 2004 – 2008 foresees to develop the model of probation (suspended sentence, early discharge from punishment), which would be conform to international legal acts and would stimulate offenders not to offend in the future. The activity program of the Government of the year 2009 foresees to extend the efficient probation (including suspended sentence) system, which is oriented towards management of the risk of repeated offending behavior, which would create the conditions for social security, for reducing the recidives of crime, and particularly for reducing the number of imprisoned people. The mentioned program contains the intention to direct the work of correctional inspections toward social aid to convicts, not only toward the control of their behavior. Development of the model for probation is also approved in the Conception of probation system in Lithuania. In order to achieve these aims, it is necessary to explore the problems of the existing system of alternative sanctions and to state practice-based criteria, which the efficiency of the sanctions depends on. The object of the study. In this dissertation study there is investigated theorical and practical aspects of conditions of imposition and execution of community service, limitation of freedom and suspended sentence, in the terms of rational usage of resources and reducing of recidives. The aim of the study. The aim of this dissertation study is to state the shortcomings of application of alternative sanctions and to formulate the criteria of efficiency, on the base of theoretical knowledge and collected practical data. The tasks of the study: 1) To present theorical analysis of the system of alternative sanctions (probation); 2) To analize the criteria, which efficiency of the system of alternative sanctions depends on; 3) To analize, if the existing reglamentation of sanction imposition allows to a court to select the appropriate alternative sanction; 4) To investigate the concept of offender's personality and his dangerness, formed in the Lithuanian penal law; 5) To state, if the structure of evaluation of personality and dangerness ensures elimination of the criminogenic factors; 6) To state the main practical problems of imposition of alternative sanctions; 7) To investigate the process of execution of alternative sanctions, to explore its main shortcomings and to state the criteria of its efficiency. The scientific recency of the study. The legal and social criteria of efficiency of non-custodial sanction have not been yet researched in Lithuania. This dissertation study presents the complex research of the presumptions of efficiency of these sanctions.The study contains analysis of the national system of alternative sanctions, in the context of reglamentation of this system by international legal acts and reglamentation of national systems in such countries, as the United Kingdom, Sweden and others. The area of present research also comprises the examination of scientific substantiation of the national system in the context of concepts of efficiency, approved in these countries. The author of the study argues the significant role of scientific approach, based on practical research, in the formation of the efficient system of alternative sanctions. The study contains the description of the scientific and practical researches, which allowed to comprehend the link between the structured evaluation of offender's personality and the selection of a proper sanction. In the study there are also argued the significant role of proper evaluation of the social factors in realization of alternative sanctions. The analysis comprises not only theoretical conception of efficiency, but also the evaluation of expirience of application of the sanctions in Lithuania. This study presents the new approach to the problems of the discretion of sanction imposition and the evaluation of offender's personality. The significance of the work. One of the significant aspect of the present research is the analysis of some years of the practice in application of alternative sanction in Lithuania. On the basis of complex research we have tried to state the criteria of efficiency of alternative sanctions. These criteria could be used improving the legal acts on the imposition and execution of alternative sanctions. The hypothesis of the study. The existing mechanism of imposition and execution of alternative sanctions is not efficient, since its affection to recidive of crime is not based on the measures, oriented towards elimination or correction of criminogenic factors. The maintained statements of the dissertation study: 1. The possibility to control (supervise) a convict in the community depends on his motivation, which is expressed by his consent (agreement) to fulfil the requirements of imposed obligation. 2. The rules of imposition of alternative sanctions should be oriented to the certain groups of offenders (for example, substances addicted persons). 3. Since a court has extensive discretion in selection of the type of alternative sanction, the main reason for the selection is evaluation of information about an offender. 4. Subjectivity in evaluation of personality of offender and his dangerness determs eclecticism in the practice of imposition of alternative sanctions. 5. Imposition and execution of alternative sanctions should be oriented to change offender's social behavior and to eliminate criminogenic factors (substance addictment, alcohol drinking, etc.), which have been resulted in offence. 6. If substance addictment was a significant factor in making an offence, imposed to the offender alternative sanction should also contain the obligation to undergo treatment course. 7. The present reglamentation of application of alternative sanctions doesn't contribute to offenders' social progress and to their rehabilitation. 8. The present reglamentation determs only nominal approach to execution of obligation by convicts and to assessment of that execution. 9. The obligation to undergo the treatment course should

By J.G. Forman, minister of the Second Congregational Church in Nantucket ; until recently minister of the First Church and Congregation in West Bridgewater, Mass. To which is added, a friendly letter to said church and congregation on the pro-slavery influences that occasioned his removal. Conditions of obedience to the civil government : a discourse. Notes: "Boston: printed by John Wilson and Son, no. 22, School-Street."--Title page verso. "Letter to the First Church and congregation in West Bridgewater, Mass."--Pages 37-51. Includes bibliographical references. FAU copy in original paper wrappers; side stiched with cord. Presentation inscription from the author on front wrapper. ; Florida Atlantic University Libraries' Marvin and Sybil Weiner Spirit of America Collection, Pamphlets: Speeches B15F21 ; Florida Atlantic Digital Library Collections

This article highlights the background of formation of the Western-Ukrainian National Republic and the events that accompanied its creation. The problems of legal resolution of the issue of citizenship and ensure its implementation.The theme is not much studied in historical and legal literature and it was interesting to do a review of the issue of citizenship in the Western-Ukrainian National Republic.At first it was highlighted important issues such as social and political preconditions of construction of Western-Ukrainian National Republic, the process of proclamation, the formation of state machinery, including representative body - the National Council, government, local authority, courts, creation of the legal basis of the State: the adoption of interim Constitution, important laws, etc.Legislative process of Western-Ukrainian National Republic laid upon the Ukrainian National Council, which issued statutes, proclamations and laws. In the conditions of Polish aggression legislative activities of Council was inhibited by military actions and crossings of government agencies.Citizenship law and the legal status of foreigners from April 8, 1919 acknowledged all persons as the citizens at their request and handwritten statement submitted by 20 May of the same year. Otherwise, they were considered outsiders. The same law regulated public service in Western-Ukrainian National Republic. This law significantly differed from a similar law in the Ukrainian National Republic, issued by the Central Rada.It was assumed to conduct a full codification of Ukrainian law in Western-Ukrainian National Republic. But it was not enough time or specialists to do this, and not contributing to this was Conditions. So codes of Austria-Hungary was continued to be operated in the state of the criminal, civil and procedural law. For fairness, we note that the Polish authorities managed to codification actions only in 1933 p., by the time using the same imperial law. ; Висвітлено передумови утворення ЗУНР, а також події, які супроводжували її утворення. Проаналізовано проблеми правового вирішення питання громадянства та забезпечення його реалізації.

The impact of changes in the 19th century Ottoman legal system upon the organization of Ottoman Jewish communities is investigated. An overview of pre-Westernized Ottoman society is provided, illustrating how the millet system of social organization facilitated the establishment of a relatively autonomous Jewish community within the Ottoman state. Even though the adoption of several legal reforms, particularly the Imperial Rescript of Gulhane (1839) & the Imperial Reform Rescript (1856), increased the social equality of Muslim & non-Muslim communities, it is revealed that the passage of the 1834 & 1853 letters of appointment & the Organic Statute of 1865 substantially redefined Jewish legal & social rights within the Ottoman Empire & engendered tensions between different segments of Jewish society. Whereas these reforms contributed to the formation of a clerical hierarchy within Ottoman Jewish society, it is indicated that such legal & social policy changes prompted the Jewish community to establish Jewish educational institutions that enhanced Ottoman Jews economic & social status. It is concluded that the positive outcomes of these reforms were offset by the creation of multiple socio-economic classes within the Ottoman Jewish community. J. W. Parker

In years past, many intellectuals adhered to a theory of laissez faire. They believed that the way to maintain our economic system in good health was to keep our government and laws from interfering with its natural working. In those days, judges did not make law; they discovered through legal reasoning what the law was and what it had always been. In both fields the theory fell into decline and disfavor. As Justice Cardozo put it, the concept of laissez faire in law went the way of laissez faire in economics. Another theory, of more ancient origin, is that of determinism. In the realms of philosophy and theology, it became very deep and abstruse. In the realm of history, it has been used to explain the rise and fall of nations. In the realm of economics, it led to the doctrines of marxism. Writers predicting the impending decline of America seem to be reviving ideas of determinism and giving them immediate and controlling application. More than that, a large number of college teachers in the social sciences today seem to be filled with deterministic ideas. According to them, a society and its condition are controlled by the inherited or acquired characteristics of its people, or by the climatic or topographical conditions of its environment, or by something else which the people themselves are unable to alter. The nature of the government,the substance of the laws, the efforts of officials and individuals are not only not particularly helpful, but they are actually useless--or powerless--in altering our predestined course. A college student who has been embued with these ideas can either become complacent and not care, or become completely frustrated. And that frustration may well culminate in an attempt to tear down the whole system to permit a fresh start.

This study aims to address the question: Why did transition countries enact laws related to social health insurance (SHI) at different times, even though they experienced dissolution of the Soviet Union at the same time in the early 1990s? We used Ragin's fuzzy-set qualitative comparative analysis to investigate the configurations of causal conditions that affected the speed of developing SHI-related legislation in 24 post-socialist countries. The potential causal conditions were health status, economic status, level of governance, level of democracy, issue salience, and number of medical professionals. We found 3 pathways that led to the enactment of SHI-related laws and 1 pathway that inhibits enactment. The key factors impacting enactment of SHI-related laws were non-corrupt governments and realization of democracy. In addition, medical professionals' involvement in policymaking could be the factor to enact SHI-related laws. Further research is needed for more in-depth analysis regarding what the laws specifically include, type of health insurance systems that were adopted based on the laws, and if the legislation contributed toward achieving universal health coverage. ; restriction

The article examines the institute of specialized anti-corruption prosecutor's office in Ukraine and compares it with the legal support of the institute of anti-corruption prosecutor's office in foreign countries.It is determined that the establishment of the Specialized Prosecutor's Office of Ukraine (SAP of Ukraine) took place at a time when a number of anti-corruption laws were adopted, the so-called anti-corruption package, which became the main requirement of the European Union for further integration of Ukraine as a member. It is investigated that the SAP of Ukraine occupies a special place in the criminal justice system of Ukraine, and as part of the system of prosecutors is endowed with special powers that significantly distinguish it from other structural elements of this system.Instead, belonging to the prosecutor's office and organizational subordination and dependence on the leadership of the Prosecutor General's Office of Ukraine, according to many experts, scientists is a significant problem that significantly affects the effectiveness of the Specialized Anti-Corruption Prosecutor's Office of Ukraine. It is concluded that the emergence of the SAP of Ukraine is objectively due to the desire of society to create an effective state anti-corruption mechanism for criminal prosecution of corruption crimes and those who committed them. Analysis of foreign theory and practice of prosecutorial activity suggests that the legitimization of specialized anti-corruption prosecutor's office in some European countries is based on the legal postulate of liberal constitutional and legal doctrine on non-recognition of the absolute nature of unity and hierarchical dependence of the constitution. legality and independence.Keywords: prosecutor's office, prosecutor, corruption, specialized anti-corruption prosecutor's office, corruption, anti-corruption reform ; У статті досліджується інститут спеціалізованої антикорупційної прокуратури в Україні, а також порівнюється із правовим забезпеченням інституту антикорупційної прокуратури в зарубіжних країнах.Визначається, що створення Спеціалізованої прокуратури України (САП України) відбулося саме в часи, коли було прийнято ряд антикорупційних законів так званий «антикорупційний пакет», що став основною вимогою Європейського Союзу щодо подальшої інтеграції України як її члена.Досліджено, що САП України займає належить особливе місце в системі кримінальної юстиції України, і будучи частиною системи органів прокуратури наділена особливими повноваженнями, які суттєво відрізняють її від інших структурних елементів означеної системи. Натомість, саме належність до прокуратури та організаційна підпорядкованість та залежність від керівництва Генеральної прокуратури України, на думку багатьох експертів, науковців є суттєвою проблемою, що суттєво впливає на ефективність роботи Спеціалізованої антикорупційної прокуратури України.Зроблено висновки, що поява інституту САП України об'єктивно зумовлена прагненням суспільства створити ефективний державний антикорупційний механізм кримінального переслідування корупційних злочинів та осіб, які їх вчинили. Аналіз зарубіжної теорії та практики прокурорської діяльності дає підстави стверджувати, що легітимізація спеціалізованої антикорупційної прокуратури в окремих європейських країнах ґрунтується на правовому постулаті ліберальної конституційно-правової доктрини щодо невизнання абсолютного характеру засад єдності та ієрархічної залежності органів прокуратури та їх похідного характеру від конституційних принципів верховенства права, законності та незалежності.Ключові слова: прокуратура, прокурор, корупція, спеціалізована антикорупційна прокуратура, корупція, антикорупційна реформа

The fast development and use of new information and communication technologies (especially, the Internet) has changed traditional ways and tools of electoral propaganda and information of political parties and candidates in electoral campaigns. The use of new technologies in electoral campaigns carried out by political parties raises serious conflicts with voters personal data safeguards (especially when using citizens personal data to send them political messages through emails, mobile phone messages, voice messages, automated phone calls, etc.). This research is focused on answering key issues as how to make data protection right compatible with direct and personalized campaign or how to avoid that technological development breaches the main principles of the right to data protection in the electoral process. ; El rápido desarrollo y profuso uso de las nuevas tecnologías de la información y comunicación, especialmente de Internet, han transformado las formas tradicionales de realizar campaña electoral por parte de los partidos y de los candidatos. El uso de las TICs permite llegar al electorado de forma personalizada, directa, económica, incisiva y poco controlada jurídicamente. Sin embargo, el uso de nuevas tecnologías dirigidas a captar el sufragio pone en jaque el derecho a la protección de los datos personales de los electores. Su uso plantea serias dudas sobre la garantía de los principios de transparencia, objetividad e igualdad de armas entre los contendientes políticos en el proceso electoral. La captación masiva de datos personales y su tratamiento y uso indebido sin el previo conocimiento y consentimiento expreso de los afectados plantea serios problemas jurídicos a los que el ordenamiento no ofrece respuestas adecuadas. Ni la LOREG ni la LOPD, ni su normativa de desarrollo, ofrecen adecuadas respuestas a los retos del futuro inmediato. El presente trabajo trata de dar respuestas a los conflictos jurídicos que se plantean y avanza propuestas de reforma de la legislación referida.The fast development and use of new information and communication technologies (especially, the Internet) has changed traditional ways and tools of electoral propaganda and information of political parties and candidates in electoral campaigns. The use of new technologies in electoral campaigns carried out by political parties raises serious conflicts with voters personal data safeguards (especially when using citizens personal data to send them political messages through emails, mobile phone messages, voice messages, automated phone calls, etc.). This research is focused on answering key issues as how to make data protection right compatible with direct and personalized campaign or how to avoid that technological development breaches the main principles of the right to data protection in the electoral process.

This article synthesizes the literature on citizenship and immigration to evaluate the heft of citizenship and theorize why it matters. We examine why citizenship laws vary cross-nationally and why some immigrants acquire citizenship while others do not. We consider how citizenship influences rights, identities, and participation and the mechanisms by which citizenship could influence lives. We consider frameworks, such as cultural and performative citizenship, that de-center legal status and the nation-state. Ultimately, we argue for a claims-making approach to citizenship, one that is a relational process of recognition, includes actors outside the individual/state dyad, and focuses on claims to legitimate membership.

Grounded in ongoing fieldwork inside Myanmar and amongst exiled Burmese communities, this article provides the first detailed account of the legal and human rights status of sexual orientation and gender identity minorities in Myanmar, with a focus on the abuses that they suffer. It also examines how Burmese activists overcame repressive laws to form an indigenous LGBT rights movement that has flourished since the start of the country's recent political transition. This research thus sheds light not only on future challenges for LGBT rights activism, but also on the broader political mobilization of human rights in a changing Myanmar. This research also has implications for states during democratic transition. Adapted from the source document.

В статье анализируются проблемы, связанные с реализацией права человека на жизнь и пути их решения. Предлагается принятие специальных законов об охране репродуктивного здоровья граждан, о правовом положении эмбриона, а также поэтапной долгосрочной программы роста качества жизни и ряд других изменений в законодательстве Российской Федерации. ; In article the problems connected with realization of a human right on life and ways of their decision are analyzed. Adoption of special laws on protection of reproductive health of citizens, about a legal status of an embryo, and also the stage-by-stage long-term program of growth of quality of life and some other changes in the legislation of the Russian Federation is offered.

Uses tools from game theory & behavioral economics to understand why those caught in unequal relationships will choose to maintain their positions or to disrupt them through private action or legal courses. The oppressed often choose to sustain their positions because of risks involved in altering the status quo. When both sides would lose, relationships tend to be stable & self-sustaining. When oppression grows to the point of rousing indignation, members of the disadvantaged group may choose to suffer material losses & work for the disruption & loss of those who have been unfair. Laws may either discourage or promote indignation &, thereby, influence the decisions made by disadvantaged groups. 2 Figures. L. A. Hoffman

This article provides a comparative analysis of abortion policies for 21 countries in Western Europe and North America. First, after briefly discussing the historical evolution of abortion attitudes and policies, a typology of current abortion laws is presented. Second, the mode of determining abortion policy is compared — judicial (Germany, Canada), legislative (Britain, France), and direct democracy (referenda in Italy, Ireland). Third, the question of abortion policy implementation is considered. In other words, does the legal status of abortion really make a difference regarding the pattern of availability and use of abortion services? Fourth, potential explanatory variables (left‐wing party strength, feminism, Catholicism) regarding the content and process of abortion policies is evaluated.

Venture capital (popularly known as VC) investment has become one of the most swiftly growing investment approaches world-wide, especially in developing countries. The contributing features to this growth are the latest economic as well as legally permissible changes. Various governments have provided purposeful operational and well-designed autonomy to institutions while at the same time closely observing them by framing numerous rules and regulations that lay down various ways for the investment. In other words, it can be said that the laws-by laws are still investment-friendly and offers various benefits in the shape of tax reforms for both domestic as well as foreign investors.

A report prepared for the Survey of the legal profession, under the auspices of the American Bar Association. ; Typewritten. ; Mode of access: Internet.