a) several independent identical crimes;

b) two or more only intentional crimes provided for in one part of the article;

c) two or more crimes with different forms of guilt, committed by independent actions;

d) one criminal attack on two independent objects.

9. Repetition that does not form an aggregate includes –

a) several crimes of different categories of gravity;

b) two or more similar crimes;

c) several crimes provided for in one part of the article;

d) two crimes with different forms of guilt.

10. The concept of relapse includes:

a) only careless crimes for which the conviction has not been expunged and

not repaid;

b) crimes with any form of guilt, the conviction for which has not been expunged or expunged;

c) only intentional crimes for which the conviction has been expunged and expunged;

d) intentional crimes for which the conviction has not been expunged or expunged.

a) crimes of different categories of gravity

b) more than two similar crimes;

c) two or more crimes provided for in one part of the article;

d) only intentional crimes;

e) several crimes provided for in different parts of the article.

Types of recidivism of crimes are determined

a) criminal law;

b) the theory of criminal law;

c) judicial practice;

d) in decisions of the Plenum of the Supreme Court of the Republic of Belarus; e) in criminal law literature.

General relapse includes

a) more than two crimes, regardless of the form of guilt;

b) commission of a new crime by a previously convicted person;

c) the person convicted of an intentional crime commits a new intentional crime;

d) commission of a new crime by a person convicted of an intentional crime.

A special relapse occurs when committing

a) two or more similar crimes;

b) two or more intentional crimes; c) previously convicted of a new similar crime;

d) previously convicted of an intentional crime of a new intentional crime;

e) previously convicted of an intentional crime of a new similar crime.

Simple relapse involves committing

a) previously convicted for an intentional crime of a new intentional crime;

b) commission of two or more similar crimes by a previously unconvicted person;

c) previously convicted once for the intentional crime of a new crime;

d) previously convicted of imprisonment for a new intentional crime.

The legally established concept of “relapse” is established

a) social danger of the subject;

b) the social danger of the act;

d) number of convictions; e) the number of crimes committed by the person previously convicted; f) the identity of the criminal.

The totality consists

a) from several attacks on homogeneous objects;

b) from several encroachments on heterogeneous objects;

c) from several attacks on identical objects;

d) from several attacks, qualified under different articles of the Criminal Code;

e) from one encroachment on two or more heterogeneous objects.

A single crime is qualified

a) only under one article of the Criminal Code;

b) under several articles of the Criminal Code in cases provided for by law;

c) in several parts of one article;

d) under one or more articles at the discretion of the court.

Repetition that does not form a collection includes

a) two or more completed crimes;

b) completed crime and completed attempt;

c) any combination of stages of committing crimes;

d) any combination of stages of intentional crimes.

Repetition that does not form a totality includes criminal activity

a) at least two performers;

b) only one performer;

c) organizer and performer;

d) any combination of accomplices.

Topic 12. Circumstances excluding the criminality of the act

Lecture outline

1. The concept and types of circumstances excluding the criminality of an act.

2. The concept of necessary defense in criminal law.

3. Conditions for the legality of necessary defense related to assault and defense.

4. The concept of extreme necessity and the conditions for its legality.

5. Conditions for the legality of causing harm to a person who has committed a crime during his arrest.

6. Being among accomplices to a crime on a special assignment as a circumstance excluding the criminality of the act.

7. The concept of reasonable risk.

8. Execution of an order or instruction as a circumstance excluding the criminality of the act.

Lecture notes

1. The concept and types of circumstances excluding the criminality of an act

Causing significant harm to objects of criminal legal protection indicates the social danger of the act. However, not all harm to legally protected interests (benefits) is considered criminal and punishable. There are circumstances in life when an act that is outwardly similar to a crime and usually entails criminal liability in this specific situation has a different content, is neither socially dangerous nor illegal. Moreover, they are recognized as socially useful, and, consequently, not criminal.

These special circumstances in criminal law are usually called circumstances excluding criminality of the act.

Under circumstances that exclude the criminality of an act, due to the absence of illegality and guilt, actions (inactions) are recognized, although outwardly similar to acts provided for by criminal law and expressed in causing harm to legally protected interests, but committed by a person in the exercise of his subjective right, fulfillment of a legal obligation or performance of official duty in compliance with the conditions of legality.

An act committed under these circumstances does not contain the elements of a crime as a whole, which means there is no basis for criminal liability.

The question of the existence of circumstances excluding the criminality of an act arises only when when harm is caused public relations that are protected by criminal law, and only in cases where the Special Part of the Criminal Code contains a corresponding criminal law prohibition.

Action (inaction) of a person in such cases similar in appearance with signs of an act provided for by criminal law. At the same time The characteristics of objects and subjects, as well as the actual characteristics of the objective side, completely or partially coincide lawful actions under given circumstances with signs of the objective side of criminally unlawful acts. For example, death, bodily injury, destruction or damage to property, etc.

Mismatch follows the signs subjective side of the corresponding behavior. Lawful acts of persons in conditions excluding criminality of the act are conditioned motives for protecting legally protected interests, are aimed at eliminating the danger that threatens them and, thus, pursue socially useful goals.

At the same time, the face is aware of social(social utility or admissibility) of the actions (inactions) performed and considers the harm caused as a necessary means of achieving a more important, socially useful goal.

The norms of criminal law dealing with circumstances excluding the criminality of an act are based on constitutional provisions on fundamental human rights and freedoms.

The current Criminal Code includes six criminal law norms that exclude the criminality of an act: 1) Necessary defense (Article 34 of the Criminal Code); 2) Causing harm during the detention of a person who has committed a crime (Article 35 of the Criminal Code); 3) Extreme necessity (Article 36 of the Criminal Code); 4) Being among accomplices to a crime on a special assignment (Article 38 of the Criminal Code); 5) Justified risk (Article 39 of the Criminal Code); 6) Execution of an order or instruction (Article 40 of the Criminal Code).

These circumstances should be distinguished from other norms, such as voluntary renunciation of a crime (Article 15 of the Criminal Code), a statement by a participant in a criminal organization about its existence (Article 20 of the Criminal Code), a report of the actions of a participant in the legalization (“laundering”) of material assets obtained criminally (Article 235 of the Criminal Code) and other circumstances specifically provided for in the notes to specific articles of the Special Part of the Criminal Code, which, without eliminating criminality of the act, however, exclude criminal liability for the crime committed.

The legislator pursues the goal through the availability of the opportunity to realize the specified circumstances called uponь guilty stop criminal activity in the future or take part in solving a crime. These are the so-called incentive norms.

It is also necessary to distinguish the circumstances that exclude the criminality of an act from such norms of the Criminal Code as giving retroactive force to the law (Article 9 of the Criminal Code), the insignificance of the act (Part 4 of Article 11 of the Criminal Code), the commission of a crime by a person under the age of criminal responsibility (Article 11 of the Criminal Code). 27 of the Criminal Code), committing a socially dangerous act in a state of insanity (Article 28 of the Criminal Code), innocent causing of harm (Article 26 of the Criminal Code), which exclude the criminality of an act not due to the legality of actions that outwardly resemble a crime, but due to the absence of any sign of a crime. 11

An organization's management system includes the totality of all services of the organization, all subsystems and communications between them, as well as processes that ensure the specified functioning.

In modern management theory, two types of management of organizations are distinguished: bureaucratic and organic.

They are built on fundamentally different foundations and have specific features that make it possible to identify areas of their rational use and prospects for further development.

Historically, the bureaucratic type of organization was the first to be formed. (Max Weber) This model is based on the idea of ​​enterprises as “organized organizations” that place strict demands on both people and the structures within which they operate. The main concepts of the bureaucratic type of management structure are rationality, responsibility and hierarchy. Weber himself considered the central point of the concept to be the exclusion of combining “person” and “position”, because the composition and content of management work should be determined based on the needs of the organization, and not the people working in it.

The second mentioned - organic - type of management structures has a relatively short history and arose as the antipode of the bureaucratic organization. Researchers of this problem emphasize: a different type of organization is gradually emerging, in which improvisation is valued higher than planning; which is guided by possibilities much more than by limitations, prefers to find new actions rather than cling to old ones; which values ​​debate over complacency, and encourages doubt and contradiction rather than faith. The original definition emphasized such differences as higher flexibility, less constraint by rules and regulations, and the use of group labor organization as a basis.

The key concepts of management structures are elements, connections (relationships), levels and authorities.

The formation of the management structure is influenced by changes in the organizational forms in which enterprises operate. So, when a company becomes part of any association, say, an association, a concern, etc., a redistribution of management functions occurs (some of the functions are, naturally, centralized), therefore the management structure of the company changes.

An important factor in the formation of management structures is the level of development of information technology at the enterprise. The general trend towards decentralization of “electronic intelligence.” The modern development of information systems leads to the formation of a new type of enterprise, which in Western literature is called “virtual” companies. They are understood as a collection of independent (most often small in size) enterprises that are like nodes on the information network that ensures their close interaction

There are also a number of factors influencing the formation of the OSU:

Hierarchical structure of production. The structure of the management apparatus must correspond to the hierarchical structure of production. Each stage of production organization must have a corresponding control body.

Area where organizations are located. The level of qualifications of management workers, the degree of mechanization and automation of their work. Sphere of control (controllability norm) - the relationship between the number of subordinates and the ability to control their actions by the manager (the optimal number of persons subordinate to one manager is 5-6 hours)

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More on topic 25. Organization and management:

1. Question 31. Management of an apartment building by a management organization. Management agreement for an apartment building.
2. The concept of managing a commercial organization. Governing body. Classification of controls.
3. 103 Organization of management of the administrative and political sphere.
4. 47. Organization of management and work in the prosecutor's office.

The spiritual world of a person means the possession of important personal qualities: the desire for the height of one’s ideals and thoughts, which determine the direction of all activities. Spirituality includes warmth and friendliness in relationships between people. The spiritual world of a person includes knowledge, faith, feelings, needs, abilities, aspirations, and goals of people.

A person’s spiritual life is impossible without experiences: joy, optimism or despondency, faith or disappointment. It is human nature to strive for self-knowledge and self-improvement. The range of spiritual culture accumulated by humanity gives each person an unlimited opportunity to choose spiritual values ​​that best suit his attitudes, tastes, abilities and living conditions.

The main thing in a person’s spiritual culture is an active, creative attitude towards life, towards nature, other people, towards oneself.

A sign of a person’s spiritual culture– readiness for dedication and self-development. The pursuit of knowledge and increasing the level of human intelligence should be aimed at the benefit of others.

The spiritual (or inner) world of man - this is the totality of his internal, mental processes (sensations, perceptions, emotions, feelings, will, memory, reason, level of knowledge, spiritual interests, life positions, value orientations). If, in principle, it is possible to find people identical in biological characteristics (twins), then there are no two people with the same spiritual world. The spiritual world of a person is what determines his uniqueness and uniqueness, makes him a person. The basis of a person’s spiritual world is worldview.

Worldview in the broad sense of the word includes the totality of all views on the world - on natural phenomena, society, and human phenomena. There are different types of worldview:

ordinary (or everyday). It is formed under the influence of life circumstances and is based on personal experience;
religious. It is based on a person’s religious views, ideas and beliefs;

scientific. It is formed on the basis of the achievements of modern science, reflects the scientific picture of the world, the results of modern scientific knowledge;

humanistic. It is spoken of more as a goal than as a reality. The humanistic worldview combines the best aspects of the scientific worldview with ideas about social justice, environmental safety, and moral ideals.

Under worldview one can understand the method and result of mastering the world, man’s formulation of his attitude to this world. The core of a person's worldview is values.

Values– these are specifically social definitions of objects in the surrounding world, revealing their positive significance for humans and society. The common basis of values ​​and anti-values ​​are the concepts of good and evil, reflecting, respectively, the possibilities of satisfying the healthy or vicious needs of people. Higher spiritual values ​​play an important role in the formation of one or another type of worldview. Thus, the value of faith for a given individual can be determined by his religious worldview, the value of truth - natural science, the value of beauty and perfection - aesthetic worldview, the value of goodness and justice - moral.

Depending on the values, a life strategy is formed. This could be a well-being strategy, e.g. complete satisfaction with material goods. The strategy of success and prestige in the social hierarchy can motivate a person to a certain line of behavior, sometimes even to the detriment of material well-being. The strategy of self-realization and spiritual improvement often determines the ascetic model of human behavior. Life strategy, therefore, depends on the values ​​and worldview of a person and, ultimately, is determined by the purpose and meaning of life set by a given individual. The problem of the meaning of life is real only when the question is raised about the integrity of life, about the relationship between its beginning and end. The problem of death and what comes after life gives particular relevance to the question of the purpose of existence. As one historian puts it, death is a great component of culture, a screen on which all life's values ​​are projected.

Spiritual world of personality(human microcosm) is a holistic and at the same time contradictory phenomenon. This is a complex system, the elements of which are:

spiritual needs in understanding the surrounding world, in self-expression through the means of culture, art, other forms of activity, in using cultural achievements, etc.;
knowledge about nature, society, man, oneself;
belief in the truth of those beliefs that a person shares;
performances;

beliefs, defining human activity in all its manifestations and spheres;

values, underlying a person’s relationship to the world and himself, giving meaning to his activities, reflecting his ideals;

capabilities to certain forms of social activity;
feelings and emotions that express his relationship with nature and society;

goals, which he consciously sets before himself.

The spiritual world of the individual expresses the inextricable connection between the individual and society. A person enters a society that has a certain spiritual fund, which he has to master in life.

1. General idea of ​​personality.

2. History of personality research.

3. Modern theories of personality, requirements for them.

1. To the question of what personality is, psychologists answer differently, and the variety of their answers, and partly the divergence of opinions on this matter, reveals the complexity of the personality phenomenon itself. Each of the definitions of personality available in the literature (if it is included in the developed theory and supported by research) deserves to be considered in the search for a global definition of personality.

Personality is most often defined as a person in the totality of his social, acquired qualities. This means that personal characteristics do not include such human characteristics that are genotypically or physiologically determined and do not in any way depend on life in society. Many definitions of personality emphasize that personal qualities do not include the psychological qualities of a person that characterize his cognitive processes or individual style of activity, with the exception of those that manifest themselves in relationships with people and in society. The concept of “personality” usually includes such properties that are more or less stable and indicate a person’s individuality, determining his actions that are significant for people.

So, what is personality, given these limitations? Personality is a person taken in the system of his psychological characteristics that are socially conditioned, manifest themselves in social connections and relationships by nature, are stable, and determine the moral actions of a person that are of significant importance for himself and those around him.

Along with the concepts of “person” and “personality”, the terms “individual” and “individuality” are often used in science. Their difference from the concept of “personality” is as follows.

Concept "Human" includes the totality of all human qualities characteristic of people, regardless of whether they are present or absent in a given person.

Concept "individual" characterizes him and additionally includes such psychological and biological properties that, along with personal ones, are also inherent in him. In addition, the concept of “individual” includes both qualities that distinguish a given person from other people, as well as properties common to him and many other people.

Individuality- this is the narrowest concept of all discussed. It contains only those individual and personal properties of a person, such a combination of them that distinguishes this person from other people.

Thus, if we want to understand a person, his appearance and behavior as a holistic and integral entity, we must study him as an individual, and as a subject, and as a personality, and, finally, as an individual. Consequently, any opposition, and especially ignoring or exaggeration of one of these human parameters is unacceptable. It is unacceptable insofar as otherwise the idea of ​​human psychology as an integral entity will be deformed. This remark is extremely important for anyone embarking on a scientific study of man.

2. Personality psychology became an experimental science in the first decades of the 20th century. Its formation is associated with the names of such scientists as A.F. Lazursky, G. Allport, R. Cattell, etc. However, theoretical research in the field of personality psychology was carried out long before this time, and three periods can be distinguished in the history of relevant research: philosophical-literary, clinical and experimental. The first originates from the works of ancient thinkers and continues until the beginning of the 19th century.

In the first decades of the 19th century. Along with philosophers and writers, psychiatrists became interested in the problems of personality psychology. They were the first to conduct systematic observations of the patient's personality in a clinical setting, studying his life history in order to better understand his observed behavior. At the same time, not only professional conclusions were made related to the diagnosis and treatment of mental illness, but also general scientific conclusions about the nature of the human personality. This period was called clinical. Until the beginning of the 20th century. philosophical, literary and clinical approaches to the personality were the only attempts to penetrate into its essence.

In the first decades of the current century, professional psychologists also began to study personality, who until that time had paid attention mainly to the study of cognitive

processes and human conditions. They tried to give the corresponding studies an experimental character by introducing mathematical and statistical data processing in order to accurately test hypotheses and obtain reliable factors, on the basis of which they could then build experimentally verified, rather than speculative theories of personality.

An important task of the experimental period in the study of personality was the development of reliable and valid test methods for assessing normal personality.

1) The main problems of personality psychology in the philosophical and literary period of its study were questions about the moral and social nature of man, about his actions and behavior. The first definitions of personality were quite broad. They included everything that is in a person and that can be called his own, personal: his biology, psychology, property, behavior, culture, etc. This understanding of personality has been partially preserved to this day.

This broad interpretation of personality has its grounds. Indeed, if we recognize that personality is a concept that characterizes a person and his actions as a whole, then everything that is done by a person, belongs to him, concerns him should be attributed to him. In artistic creativity, philosophy and other social sciences, such an understanding of personality is completely justified. However, in psychology, where there are many other concepts different from personality, filled with scientifically specific content, this definition seems too broad.

During the clinical period of studying personality, the idea of ​​it as a special phenomenon was narrowed in comparison with the philosophical and literary period. Psychiatrists have focused on personality traits that are usually found in a sick person. Later it was found that these features exist, but are moderately expressed in almost all healthy people, and in patients, as a rule, they are hypertrophied. This applies, for example, to extraversion and introversion, anxiety and rigidity, inhibition and excitability. Definitions of personality by psychiatrists were given in terms of such traits, using which one can describe a completely normal, pathological, and accentuated (as an extreme version of the norm) personality.

The experimental period in personality research began at a time when significant advances had already been made in the study of basic cognitive processes. Experimental studies of personality in Russia were started by A.F. Lazursky, and abroad - G. Eysenck and R. Kettel.

A.F. Lazursky developed a technique and methodology for conducting systematic scientific observations of an individual, as well as a procedure for conducting a natural experiment in which it was possible to obtain and generalize data concerning the psychology and behavior of a healthy individual. The merit of G. Eysenck was the development of methods and procedures for mathematical processing of observational data, surveys and analysis of documents collected about individuals from various sources. As a result of such processing, correlating (statistically related) facts were obtained, characterizing common, most common and individually stable traits.

G. Allport laid the foundations of a new personality theory, called “trait theory,” and R. Cattell, using G. Eysenck’s method, gave personality research conducted within the framework of trait theory an experimental character. He introduced the method of factor analysis into the procedure of experimental personality research, identified, described and defined a number of actually existing factors, or personality traits. He also laid the foundations of modern personality testing by developing one of the first personality tests, named after him (the 16-factor Cattell test).

Of all the definitions of personality proposed at the beginning of the experimental period of developing the problem of personality, the most successful was the one given by G. Allport: personality is an individually unique set of psychophysiological systems that is formed during life- personality traits that determine the thinking and behavior unique to a given person.

3. At the end of the 30s of the 20th century, active differentiation of research areas began in personality psychology. As a result, by the 50s and 60s of the 20th century, many different approaches and theories of personality had developed. Personality theory is a system of interrelated principles, views, ideas and ideas aimed at interpreting and explaining any real phenomena. Personality theories - these are carefully verified inferences or hypotheses about what people are like, how they behave and why they act the way they do. On the one hand, the theory explains past and present events in a person’s life, his past and present behavior, and on the other, it predicts future ones.

If we approach the definition of modern personality theories formally, then, in accordance with the generalizing scheme, there are at least 48 options, and each of them can in turn be assessed according to five parameters , specified in the diagram in the form of grounds for classification:

1. By way of explaining behavior: (psychodynamic; sociodynamic; interactionist)

The psychodynamic type includes theories that describe a personality and explain its behavior based on its psychological, or internal, subjective characteristics. If we use the formula proposed by K. Levin to symbolically represent the types of theories, IN=F(P,E) , Where IN - behavior; F - sign of functional dependence; R- internal subjective-psychological properties of the individual; E - social environment.

· Psychodynamic theories in their symbolic representation will look like this: B= F(P). This means that behavior here is actually derived from the internal psychological properties of the individual as a person and is fully explained only on their basis.

· Sociodynamic are called theories in which the main role in determining behavior is assigned to the external situation and does not attach significant importance to the internal properties of the individual. Their meaning symbolically looks like this: B= F(E).

· Interactionist are called theories based on the principle of interaction of internal and external factors in the management of actual human actions. Their semantic expression is the complete Levin formula: B = F(P, E).

2. By the method of obtaining personality data: (experimental, non-experimental)

· Experimental are called personality theories built on the analysis and generalization of empirically collected factors.

· TO non-experimental include theories whose authors rely on life impressions, observations and experience and make theoretical generalizations without resorting to experiment.

Software- this is a set of all programs and relevant documentation that ensures the use of a computer in the interests of each of its users.

There are system and application software. Schematically, the software can be represented as follows:

System software is a set of programs to ensure the operation of a computer. System software is divided into basic And service. System programs are designed to control the operation of a computer system and perform various auxiliary functions (copying, issuing certificates, testing, formatting, etc.).

Basic software includes:

· operating systems;

· shells;

· network operating systems.

Service software includes programs (utilities):

· diagnostics;

· antivirus;

· media maintenance;

· archiving;

· network maintenance.

Application software is a set of programs for solving problems of a certain class of a specific subject area. Application software only works if system software is present.

Application programs are called applications. They include:

· word processors;

· table processors;

· databases;

· integrated packages;

· illustrative and business graphics systems (graphics processors);

· expert systems;

· training programs;

· programs for mathematical calculations, modeling and analysis;

· communication programs.

A special group consists of programming systems (tool systems), which are part of the system software, but are of an applied nature. Programming systems is a set of programs for the development, debugging and implementation of new software products. Programming systems usually contain:

· translators;

· program development environment;