Reference:
Sakaeva K.U..
Evolution of the “moral damage” concept in Russian legislation
// The union of criminalists and criminologists.
2015. № 3.
P. 310-316.
DOI: 10.7256/2310-8681.2015.3.68380 URL: https://en.nbpublish.com/library_read_article.php?id=68380
Abstract:
The “moral damage” concept is central to studying the institution of moral damage compensation, which is understood as sufferings, physical and moral distress, caused by unlawful actions, and is considered as an independent institution of personal moral protection. The concept under consideration includes the moral categories which have been forming together with the society and known for centuries. Undoubtedly, these concepts had undergone evolutional changes, but their essence remained unchanged: evil, morality, culture, etc. The research methodology includes dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal, statistical methods and the intersectoral method of legal studies. In labor law, moral damage should be interpreted as causing physical and moral sufferings to the employee in the result of the violation of labor legislation by the employer, which had led to the deformation of labor relations and require compensation in any form: money, compensation services (reimbursement of expenses for education), or optional (depending on the capabilities of the employer).
Keywords:
Civil legislation, Morality, Compensation, Entity, Republic, Crime, compensation, Moral damage, Civil Code, Psychophysical being
Reference:
Morozov S.Yu., Medvedev E.V..
Rail traffic safety provision: civil and criminological aspects
// The union of criminalists and criminologists.
2015. № 3.
P. 317-329.
DOI: 10.7256/2310-8681.2015.3.68381 URL: https://en.nbpublish.com/library_read_article.php?id=68381
Abstract:
The article considers civil and criminological aspects of rail safety provision. The authors study the civil measures, applied for the regulation of social relations in the sphere of carriage of passengers and cargos. The authors analyze criminal threats to rail traffic safety and consider the problem of defining a list of internal and external threats to rail traffic safety. The article outlines the definition of the “rail traffic safety” concept in the criminal aspect. The authors conclude about the necessity to change some legislative formulations and amend the current version of the Criminal Code. The research methodology is based on dialectics, abstraction, analysis, synthesis, deduction, the formal-legal, comparative-legal and statistical methods and the method of intersectoral legal sciences. Taking into consideration the state which is traditionally understood as a state of safety of the vital interests of the society in general, and at the same time bearing in mind the specificity of rail traffic, it is necessary to consider rail traffic safety not only as a safety from the dangers to life and health of people, but also as a threat to property interests, environmental system, etc.
Keywords:
penal mechanism, transport system elements, equipment, cargo, carriage, agreement, transport, transportation security, destruction, damage