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Convicts from “offended” perform significantly more work to do household activities, they are usually used in the least prestigious, dirty work. They live, eat and work separately from other criminals with them simply do not talk, do not allow to sit, stand side by side, to dine at the same table, in any way come in contact, etc. Prohibition of communication extends to all, without exception, they can only communicate with each other. Violation of the unwritten rules can lead to serious consequences, up to the deprivation of life. Their humiliating status remains practically all his life, during the second serving of sentences in prisons inevitably learn about him other prisoners. Hide it not make sense, because sooner or later it will be found, in which case the “guilty” is sure to be punished. Feeling hopelessness of their situation, pursued sometimes kill their oppressors or escapes (attempt to commit) from prison. Position rejected persists after release from prison, learn about it in its immediate domestic environment, which, of course, greatly complicates the adaptation to the new conditions of liberated life, causing him further suffering.
As a result, total psychological and social pressure, this category characterized by a convicted bitterness,
uncontrollable temper. Lack of self-control emotional state can lead to an attack on other prisoners and members of the administration, to other acts of aggression. They tend to exhibit suicidal intentions, including to manipulate others. Such prisoners often have artistry.
At the organization of individual educational work with this category of convicts should be aware that they are willing to fulfill any order, including acts of violence, the leaders of informal groups of a negative orientation, do not claim to a leading position in the criminal hierarchy. As the basis of their behavior are defects of personality, it applied to them disciplinary action does not have a significant impact on behavior.
Time in prison significant effect on the psyche of the convicts who are experiencing feelings about the conviction and imprisonment. Changing existing stereotypes of life in many convicted passes painful, accompanied often irritability, anger, aggression. Knowledge of the criminal world, standards of conduct allow convicted prison administration to objectively analyze the crime situation in the institution, clear and timely control and predict it.
References:
1. Shmaeva T. A. Convicted of the offense ofwomen in CLC and their prevention. - Ryazan, 1985. - Р. 75.
2. Starkov O. V Kriminopenologiya: Textbook. - M., 2004. - 300 p.
3. Bakin A. A. Features of formation of deviant sexual behavior condemned.//Penal system: law, economics, management. -2007. - № 2. - Р. 10.
4. Criminology: Textbook/Ed. Acad. V N. Kudrjavtsev, prof. V E. Eminov. - M.: Jurist, 1995. - 422 p.
5. Antonyan Y. M., Kanunnik A. I., Kulinich VV Correction and re-convicted, not adapted to the conditions of the CLC. -M., 1987. - 120 p.
Edylova Merey, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law Baysalov Aly Dzhumamuratovich, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: [email protected]
Classification features of linguistic expertise and her tasks
Abstract: The features of classification of linguistic examination are examined in this article. Keywords: expertis, classification, linguistic expertise.
By definition of the object of linguistic expertise specific differences exist. Most subject matter expert linguistic expertise is defined as the actual data (facts), to be proved in a particular case through the resolution of issues requiring special knowledge in the field of linguistics.
But nevertheless there is a disagreement on the classification of linguistic expertise. To which many scientists fit differently.
According to the classification M. A. Grachev linguistic expertise belongs to the class of forensic examinations, in which he highlights the traditional forensic expertise;
developed in the last decades of the twentieth century; different types of research materials, substances, products, allocated in a separate genus, also called material science [1, 499].
However, there is another point of view. In the concept of E. I. Galyashina and E. R. Rossinskaya say that linguistic expertise is a separate genus of the examination, which is included in the class speech examinations [2]. According to this concept, in class speech expertise includes linguistic, handwriting and phonoscope examination. These types of expertise with the exception of linguistic expertise are traditionally included
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Classification features of linguistic expertise and her tasks
in the class of forensic examinations. Although speech examination do not constitute a homogeneous class, with their production uses specialized knowledge from various fields of science (linguistics, acoustics and criminology), they share the commonality of the studied objects — speech products of human activity, a similar set of special speech examination of knowledge required for expertise, unity of methodology in the identification and solution of diagnostic problems.
In the concept of E. I. Galyashina and E. R. Rossinskaya theoretical and methodological basis for all three genera of the class speech examinations judicial speech acts — applied linguistic discipline, the object of study which is speech activity and results in the aspect of the problems that arise in the judicial examination. In other words, the court speech examination is the branch of applied linguistics that uses linguistic knowledge in judicial purposes — in order to establish/refute the facts that have the status of judicial evidence.
K. I. Brinev believes that the typology examinations of the genus and species is not a scientific descriptive value, but is important for the organization of training of specialists with relevant expertise specialties. For example, in Russia in accordance with the educational standard [3] training of specialists in the field of forensic examination is conducted in five specialties, including specialization speech expertise.
“Their” classification proposed by the experts of the Department of the Federal center of forensic expertise of the Ministry of justice, there are three kinds of linguistic expertise: researches on identification of the author, semantic research, the study of names [4]. On the basis of task descriptions identification of the author studies, we can conclude that it is o independent kind of legal expertise — researches on identification of the author. In the regulations of the justice Ministry, the FSB and the interior Ministry stipulated that researches on identification of the authorexamination is a separate examination originating, including one expert specialty. Examination of the names is made with the purpose of the analysis of proper names (titles) from the point of view of their conformity to the norms of the literary language, their novelty and originality, the content of different kinds of references to the phenomena of objective reality [4].
The third type allocated by experts of the Russian Federal center of forensic expertise of the Ministry of justice, semantic analysis. This is the name of the kind of linguistic expertise due to the fact that its scientific basis is semantics. Semantics — the meaning of linguistic units (words, morphemes, grammatical forms, word combinations, sentences), as well as a science o the value (semasiology). The semantic tasks of the assessment are: identification of the meanings expressed in the examined texts and the analysis of these meanings from different points of view; determining the scope and concepts, expressed in a word or phrase used in the text; establishing the extent to which the transmission within the text content of another text [4].
Given the fact that researches on identification of the authorexamination belongs to a separate genus examinations,
semantic research and research items isolated in a kind of linguistic expertise and S. M. Wool, O. V Dovzhenko [5, 100].
Another classification of linguistic expertise, which is based on the object of study, proposed by A. N. Baranov. They highlighted: a survey of speech, examination of written text and verbal-visual examination [6, 14-15].
E. I. Galyashina in a kind of linguistic expertise identifies the following types:
- Linguistic examination of titles (naming expertise);
- Linguistic expertise of normative legal acts and documents;
- Linguistic examination of texts of mass media and campaign materials, letters and addresses;
- Linguistic examination of works of science, literature and art;
- Linguistic examination of speech.
These divisions of linguistic expertise on the species based primarily on the specifics of the objects of expert research and solve their research problems. Based on these same grounds, and taking as a basis the classification of the types of linguistic expertise. By I. E. Galyashina, M. I. Podkatilina complements three new types of linguistic expertise: a linguistic examination of advertising texts; linguistic examination of verbal and combined trademarks and service marks; linguistic examination of extremist materials [7, 13].
Obviously, the subject of a certain kind of linguistic expertise is different from objects of other types. The difference between them is the establishment of various actual data detected based on the study of the regularities of a certain type of expertise [7, 17]. For example, the subject of forensic linguistic expertise of extremist materials — establishing the actual data relevant to the case, which can be the basis for the adoption by the authority of the decision on the recognition or non-recognition of texts extremist materials, will be different from the object of linguistic expertise of advertising texts.
There is no doubt that the name of this type of examination, like “linguistic expertise of extremist materials” conditionally, as, for example, examination of narcotic drugs and psychotropic substances. The name does not mean that all of the studied in the framework of this examination objects are narcotic, by analogy, and not every object of linguistic expertise of extremist materials will be recognized as extremist, especially since the recognition of the material as such relates to the competence of the court.
The grounds for the selection of these examinations in a separate kind of linguistic expertise are the specifics of the objects, tasks and complex special knowledge used in the production of these types of expert research. In light of the topic seems relevant link between the types of forensic linguistic expertise, objects and solve during their study objectives: — determine the type and objectives of the study. The primary object of the examination, and, on the basis of its properties and capabilities of its research, already formulated the tasks of a particular kind/type of expertise.
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The tasks of linguistic expertise:
- give an interpretation and explanation of the meanings and origins of words, phrases, sustainable phraseological expressions (idioms);
- interpret primary and secondary (connotative) meaning of linguistic units or speech (oral or written);
- to carry out the interpretation of the provisions of the document text to determine what options understanding these provisions is possible in modern discourse;
- conduct research trademarks, verbal symbols, mottoes, slogans, advertising texts, commercial, corporate names on their identity or similarity to the point of confusion with other symbols;
- to conduct a study of the text fragment to identify its content and semantic orientation, modality of propositions, expressive and emotive speech units and their formal-grammatical features and semantics of specificity used stylistic means and methods.
The need for forensic linguistic expertise most often occurs:
- in criminal proceedings and law enforcement on disclosure, investigation and prevention of crimes committed
through verbal acts (libel, insult, and incitement of hatred and enmity, a is equal humiliation of human dignity on the grounds of belonging to any ethnic, religious or other social group, illegal use of a trademark, false advertising, violation of copyright and related rights, and patent rights, illegal distribution in the literature pornographic materials, etc.);
- in civil proceedings the courts of General jurisdiction on claims to the protection of honor, dignity and business reputation of citizens, to the protection of copyright and related rights;
- in arbitration courts on claims of legal entities o the protection of business reputation, the recognition of invalid (or illegal) decisions of Rospatent, the cancellation of the registration of verbal designation as a trademark, to ban the use designation similar to the point of confusion with a registered trademark, to invalidate warning Rospechat made by the media in connection with the distribution of extremist materials and other violations of the law the media, etc.;
- Affairs about administrative offences (propaganda of narcotic drugs and psychotropic substances or their precursors).
References:
1. Grachev M. A. Problems of formation and the formation of language minority as a science.//Bulletin of the Nizhny Novgorod state University n. a. N. A. Lobachevsky. - 2010, - No. 4 (2). - S. 499.
2. Galyashina E. And the foundations of judicial received any. - M.: Stance, 2003.
3. Federal state standard of higher professional education in the direction of training (specialty) 031003 forensics (qualification (degree) specialist) (as amended by the order of the Ministry of education and science of the Russian Federation dated 31.05.2011 No. 1975).
4. The possibility of conducting a forensic examination in the state judicial-expert establishments of the Ministry of justice. -M., 2004. - P. 424-425.
5. Vul S. M., Dovzhenko V O. Linguistic expertise as a new kind of research in the Ministry of justice of Ukraine.//Expert justice: problems of theory and practice. Abstracts of the Intern.naught.-practical. the conference (7-8 September 2006, the Autonomous Republic of Crimea). - Simferopol, 2006.
6. Baranov A. N. Linguistic examination of the text: theory and practice: textbook. allowance. - M., 2007. - P. 14-15.
7. Podkatilina M. L. Forensic linguistic examination of extremist materials. - M.: Writeport, 2013.
Zhanasbayeva Nazerke, Kazakh National University named after al-Farabi, undergraduate, the Faculty of Law
Baysalov Aly Dzhumamuratovich, candidate of jurisprudence, the Faculty of Law
Torgautova Balgyn Amyrbekovna, University Turan, candidate of jurisprudence, the Faculty of Law
E-mail: [email protected]
Pre-trial investigation in the new edition of the Code of Criminal Procedure of the Republic of Kazakhstan
Abstract: The issues of improving pre-trial investigation in the new edition of the Code of Criminal Procedure of the Republic of Kazakhstan in 2014.
Keywords: Code of Criminal Procedure, criminal justice, criminal proceedings.
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