Search results

The early stages of investigations into homicides involving disposal of the victim are often marked by considerable information deficits. Because criminal dismemberment of a body is an exceptionally rare event, even lengthy service in the police or forensic medicine profession rarely permits the acquisition of sufficient experience of the particular features of the phenomenology and the experience required for a routine investigative methodology. Therefore, an analysis of the literature on criminal dismemberment of a body going beyond previously published case reports seemed to be needed. With 448 cases, by far the largest collection of data on this topic to date is presented. The study contains a detailed analysis of criminal dismemberment in both single and serial murders. The primary objective was to develop potential approaches to investigations into such crimes.

The article deals with methodological bases for the of research on the mechanism for of law-making of a unitary state. The article is devoted to the study of the nature and role of methodology in the formation of the Ukraine's legal system during the law-making mechanism. Much attention is given to problematic approaches to determining methodological bases in law-making mechanism. The purpose of this article is to analyze the current state of lawmaking in Ukraine and to make proposals based on the methodology of law. The article explores the concept of methodology on the basis of which the methodological bases of lawmaking are determined. The author states that the methodology of research on lawmaking should cover the analysis of scientific approaches and application of own methods, which allow to identify the most essential characteristics of this legal phenomenon, to distinguish structural elements, to indicate the ways of the most effective preparation and adoption of legal acts. Law-making process is a form of the state activity intended for on the creation (or revision) of legal norms. The law-making process and the role of the legisla- tive bodies in it are based on the constitutional principles of democracy, separation of powers, social state. Scientific search for a theoretical and methodological tool for considering and solving the problems of lawmaking is carried out within the framework of legal positivism – consideration of law as a set of norms established and sanctioned by the state, the violation of which is followed by measures of state coercion. This implies the rejection of the metaphysical side, related to the disclosure of the essence of legal phenomena. The problem of specification as a legal phenome- non is considered. At the heart of the author's research there are the methods used to investigate the elaboration of law-making. The author comes to a conclusion that the choice of a certain method in the course of a specification will promote the improvement of this process as an important legal phenomenon as well as the improvement of modern legislativeprocess.

The article is devoted to the analysis of historical and law origins of terminological pluralism in the reflection of the cooperation of the population with the occupier. The relevance of the presented material is due to the addition of Article 1111 of the Criminal Code of Ukraine on collaborative activities, the presence of terminological diversity in historical, law, sociological research and legislative work, as well as the ongoing occupation of part of the territories of Ukraine by the Russian Federation.. The aim of the article is to shed light on the genesis of the terminological pluralism that refer to various forms and types of interaction between the population and the occupier (cooperation, collaboration, collaborationism, collaborative activity) and to study the possibility and expediency of their projection on the law dimension. The research strategy involves the use, first of all, of general scientific methods of cognition. The main role in achieving the goal of the article was played by a special historical method and methods of linguistic research. In the process of research, it was established that the main reason for terminological pluralism is the attempt to distinguish different types of interaction with the occupier depending on their ideological and motivational characteristics, circumstances and context of interaction. This, in turn, is connected with the "hellish" complexity of the problem of collaboration with the occupier. It is concluded that the term "collaborative activity" introduced in criminal law is not successful in view of the existing historical approaches and linguistic aspects of borrowing foreign words. The need to consider collaborationism as a generalized concept denoting the natural phenomenon of cooperation with the occupier is substantiated. Determining the breadth of collaborationism is a matter for lawyers. This phenomenon should be considered primarily in the legal sphere. Everything that is beyond legal condemnation cannot be recognized as a component of collaborationism.

"This book explores the rise of a Scottish common law from the twelfth century on despite the absence until around 1500 of a secular legal profession. Key stimuli were the activity of church courts and canon lawyers in Scotland, coupled with the example provided by neighbouring England's common law. The laity's legal consciousness arose from exposure to law by way of constant participation in legal processes in court and daily transactions. This experience enabled some to become judges, pleaders in court and transactional lawyers and lay the foundations for an emergent professional group by the end of the medieval period"--

ABSTRACT: In an interdisciplinary manner, through this study we aim to highlight the outlook attributed by the European Court of Human Rights to the contravention area as a species of criminal law, the deeds characterized in the Romanian legislative system as contraventions enjoying the same treatment as any other criminal offence. We also capture the effects of the contraventional liability removal of certain deeds sanctioned by national law, in contrast to the operable decriminalization in penal law. Last but not least, having as research object, the comparative analysis of the particularities that characterize the Romanian contraventional law, we propose to debate some inadvertences for which the contraventional spectrum must be held to adapt to the accuracy imposed by the criminal law. KEYWORDS: criminal charge, contraventional law, decriminalization, mental incapacity.

Street Law and Public Legal Education is in honour of Ed O'Brien, one of the pioneers of Street Law and public legal education in the United States and elsewhere, and contains a selection of contributions from legal literacy educators from 22 countries: Azerbaijan, Australia, Bangladesh, Bosnia and Herzegovina, the Czech Republic, Ghana, Greece, Indonesia, Ireland, Italy, Jamaica, Myanmar, Nigeria, Senegal, Slovenia, South Africa, South Sudan, Spain, Thailand, Turkey, the United Kingdom and the United States. Some countries have more than one contribution where they appear to be of particular interest.