4-5 June 2013 Proceedings Science Book Publishing House Yelm, wa, usa


SEXUAL EXPLOITATION AS A FORM OF VIOLENCE



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SEXUAL EXPLOITATION AS A FORM OF VIOLENCE:

THE CONCEPT AND CHARACTERISTICS

Andrew A. Ashin1, Anna A. Ovsyanikova2

1Ph.D., assistant professor of Department of criminal law and procedure;

2postgraduate student Department of Criminal law and process.

Vladimir State University named after Alexander and Nikolay Stoletovs, Vladimir, Russia, anyaovsyanikova@yandex.ru
Violence in reference literature is defined as a physical or mental effects of one person to another [5, p. 643], with review of the literature [3, p. 14; 9, p. 24-26] on the subject can identify the essential features of such violence as the illegality of these acts, coercion and restriction of liberty of a person against whom an act of violence. At the same time important for this study is the question of the delimitation of the forms and types of violence.

The most common and generally accepted is the allocation of the two forms of violence: physical and mental.

Along with the forms in the literature [10, p. 193] are often made attempts to classify types of violence depending on the object of criminal exposure, the nature of illegal activities, such as "armed", "family" violence. Sexual violence is isolated in a separate group [3, p. 26].

Sexual violence in the foreign literature [8, p. 13-14] and international documents [12] is regarded as one of the most "hard" forms of sexual aggression. Indeed, the term "sexual aggression" is much broader and below the mean behavior intended to cause harm to the sphere of relations affecting the scope of sexual freedom and sexual integrity of the individual.

However, the aggression in the first place is treated as a negative emotional state, the desire, manifested in actual behavior or just mentally. Accordingly, in contrast to the "violence" and aggression cannot be realized in the active operations of the subject.

Overall, there are various concepts in the analysis of the scientific literature that characterize the sexual abuse of children and minors: just "sexual assault" and "sexual abuse", "sexual abuse", "sexual aggression", "sexual exploitation", "pedophilia" [6; 11; 7]. Such interpretations reflect the subjective approach of each author to this problem, but it is not the right decision, because you must take into account the different semantic content of each of the terms. So, for example, based on data lexicology, "sexual assault", "sexual abuse" and "pedophilia" have priority relates directly to the sexual assault of minors to violent sexual acts. And the term "sexual abuse", "sexual aggression" and "sexual exploitation" in relation to the previous in terms of content are greater volume, hence they are the backbone and include the more restrictive terms.

From the point of view of legal practice, such a lack of consensus in terminology in defining such acts against children and minors due to the space of the current legislation.

Sexual abuse of minors can be manifested in the active form (overt sexual abuse, sexual exploitation, in particular - the production of materials or objects with pornographic images) and a passive (compulsion to sexual assault, use of a minor for the production of pornographic materials or subjects).

Thus, sexual violence - is violent and non-violent acts of a sexual nature, including various forms of sexual exploitation of person.

Sexual abuse includes many kinds of violence, both in the family and in society as a whole. It is important to note that the emphasis is placed on gender violence. For example, you can select marital rape, sexual abuse, sexual abuse of mentally ill people, sexual violence against women migrant workers, including forced prostitution and trafficking for sexual exploitation. Accordingly, following this idea, the category of "sexual exploitation" is considered an integral part of sexual violence. Sexual exploitation is a form of sexual violence, which in addition to signs of sexual abuse (abuse, the commission of these acts against the will of the victim, inflicting trauma and violation of the right to freedom of sexual relations) is characterized by well-defined target of violence - the exploitation of person.

In encyclopedic literature [4, p. 684; 5, p. 1566] exploitation is always understood as deriving benefits have come from any process, appropriation of unpaid labor.

The legal definition of human exploitation in the framework of criminal law set forth in the Criminal Code of the Russian Federation, in a note to Art. 127.1 of the Criminal Code.

Forms of exploitation, based on the analysis of this note, could be classified into 3 groups in the degree of importance for the present study.

This formulation of the legislator raises questions both in theory and in practice. This is due to the process of constructing the legal standard. Definition of exploitation of a person in the Criminal Code lacks specificity, since the law does not reveal the conceptual essence of the above forms. As a consequence, it is impossible to come to a consensus about the fact that, in particular, should be understood by other forms of sexual exploitation [14, p. 30].

The term "sexual exploitation" is not regulated by law, which causes some difficulties for law enforcer.

In general, in the relevant articles of the Criminal Code of the Russian Federation sexual exploitation in general terms should be understood as the use victims by guilty to provide sexual services to third parties and to obtain illegal income.

In the theory of criminal law, there is also no consensus on the content of the concept. Thus, L.D. Yerokhina [15, p. 201] considers sexual exploitation such as sexual violence by men against women to show their dominance and advantages over them to get the property benefits and satisfaction of sexual desires.

On the other hand, S. V. Shamkov [13, p. 66] more figurative and abstract, reveals the term "sexual exploitation" as the use of force, coercion to exploit the characteristics and properties of the human sexual terms to meet anyone's needs.

Both of these definitions have their drawbacks. In the first definition the most attention is paid to the characteristics of sexual exploitation, that is not quite true, as the lexical analysis of the term "exploitation" involves removal of benefits, income from certain activities. In the second case, also does not fully take into account this feature as selfish course of action the guilty.

The most accurate, in our view, the concept of sexual exploitation was formulated M. Buryak [1, p. 35], which, with appropriate adjustments, fully reflects the essence of the issue and can be formulated as follows.

Sexual exploitation should be determine as carried out to meet the physic or psychological needs to obtain a financial or other advantage to the use of sexual human properties, entailing the restriction on his freedom apart from or against the will of the exploited.

Given the volume, and hence the complexity of the formulation of this term, it is necessary to allocate separate and characterize its essential characteristics. These include the following: abuse, the commission of such acts in addition or against the wishes of the victim, inflicting psychological trauma, violation or restriction of the rights of individuals to freedom of sexual relations, as well as the extraction of a financial or other material benefit from the fact that the person operating in this area.

This raises a number of questions in the process of attributing the actions covered by the sexual exploitation of a person to a criminal act. In particular, is a person who is considered a victim takes that he exploits, understands the nature committed against his actions to his sexual exploitation. Voluntary participation and consent of the exploited person does not mean the rule of law and the legality of the act, as it is important character of these actions and the direction of the entity to the benefits of the dependent position of the minor. Moreover, some researchers [2, p. 2, 4-7] point to the loyal attitude of the victims of sexual exploitation of minors to commit such acts against them.

In summary, we consider it appropriate to consolidate at the legislative level, the term "sexual exploitation", to clarify its signs, as their varying interpretation is a matter of debate in science. This measure is necessary because of the increasing spread among sex trade involving minors, protection of rights and interests which are priorities of the national policy of Russia.


Literature

1. Buryak M. Trafficking and the fight against it (criminological and penal aspects): Candidate’s of Science Thesis. Vladivostok, 2005. - 246 p.

2. Gurvich, I.N., Rusakova M.M., Yakovleva A.A., Pyshkina T.V. Commercial sexual exploitation of minors in St. Petersburg and North-West region of Russia.

3. Guseva O. N. The pedophile victimization and victimization prevention pedophile crimes: Candidate’s of Science Thesis. - Moscow. - 2011.

4. Dal V.I. Dictionary. V. 4. State Publishing House of Foreign and National Dictionaries, 1955. - 517 p.

5. Dictionary of Russian language / Ed. D.V. Dmitriev. Moscow: Publishing, LLC «Astrel AST». 2003.

6. Dyachenko A. P. Warning pedophile abuse / A. P. Dyachenko, E. I. Tsymbal // Criminal Law. - 2009. - Number 2.

7. Dyshlevoy A. Aggression as a form of illegal sexual behavior // International Journal of Medicine. 2002. Vol.8, № 4.

8. Israelian E.V. What you should know about the violence. The world community against violence // How to create a women's crisis center. Moscow: Press solo, 1995.

9. Kovaleva M.A. Sexual abuse and sexual exploitation: criminological and penal aspects, warning: Candidate’s of Science Thesis. St. Petersburg, 2006. - 299 p.

10. Luneev V.V. Crime of XX century. Global, regional and Russian tendencies. - M.​​: 2005.

11. Pedophilia: the main features of the crime: monograph / ed. Y. M. Antonyan. - Moscow. - Prospect. - 2012.

12. Resolution 48/104 of the General Assembly of the United Nations' Declaration on the Elimination of Violence against Women "(Adopted on 20.12.1993 at the 85th plenary meeting of the 48th General Assembly of the United Nations).

13. Shamkov S.V. Organized sexual exploitation of people in the Omsk region: characterization and localization / S.V. Shamkov, Omsk, 2002. - 82 p.

14. Smirnov U.P. Criminal liability for the sexual exploitation of others in the form of their eligibility prostitution: Candidate’s of Science Thesis. Moscow, 2010. - 196 p.

15. Yerokhina L.D. Trafficking women and children for sexual exploitation in the social and criminological perspective / L.D. Yerokhina, M. Buryak, Moscow, 2003. - 430 p.




THE PROTECTION OF THE TRADE SECRETS

(KNOW - HOW) AT THE ENTERPRISES OF BELARUS: INSTITUTIONAL ARRANGEMENTS

E. A. Lioukina

Belarusian State University of Physical Culture,

Minsk, Republic of Belarus, Lea_22@mail.ru
The trade secrets (know-how) and the commercial secrets have grown in the civil law from trade and business practices. Despite the widespread use of the trade secrets (know-how) their concept is not defined either in the framework of the multilateral agreements on intellectual property or trade, nor the laws of the most foreign countries, and exists only in legal doctrine and jurisprudence. The protection of the trade secrets (know-how) from disclosure often does not receive proper attention that leads to the leakages of commercially significant information.

The importance of the research issues of disclosure the trade secrets (know-how) is due to insufficient knowledge of the trade secret (know-how) as an object of legal protection in the national science of civil law as well as the lack of the guidelines for the protection of the trade secrets (know-how). As a result companies have to take their own measures to protect the trade secrets (know-how) from unauthorized disclosure. The law also does not provide a clear mechanism for the legal protection and establishes only a liability for disclosure (Art. 255 of the Criminal Code [1], Art. 22.13 of the Code of Administrative Offences [2]).

The problem of disclosure of the trade secrets (know-how) is due primarily to the fact that the level of legal protection for this type of information is not proper. The following reasons are: the lack of a common practice of investigation of the criminal violations of this kind, the lack of the specialists who could successfully investigate such crimes as well as skilled experts in the field of the trade secrets (know-how). When applying for the judicial protection the applicant must first prove a violation of the secrecy of commercial information and the consequences of that breach. Meanwhile the Art. 255 of the Criminal Code of the Republic of Belarus [2] (hereinafter - CC) does not regulate the size of considerable material damage.

Most experts point out that in order to prevent the disclosure the employer should first prove economically rational classification of commercial information. In order to secure the protection of the commercial secrets one should also be clear about the dissemination of such data and the ways how to obtain it. This will help to develop the most effective measures to prevent leakage of the information of this kind.

The most common ways of the loss of information are due to the lack of the procedure of the proper access to it, and this creates an opportunity for unauthorized persons to obtain confidential information from business correspondence, official telephone calls, unregistered copies of the documents.

As already noted, one should first establish a list of information relating to the trade secrets (know-how), which is set to be a trade secret. In accordance with Art. 8 of the Law "On the Commercial Secrets" (hereinafter - the Law) "The regime of the trade secrets considered to be established after the definition of the information to be protected as a trade secret"[3].

Than it is advisable to fix the concept of the trade secrets in the corporate law of the employer and work out special Regulations for the purpose of internal control. This document should include the concept of trade secrets (know-how), the procedure for the protection of information, a list of the officials responsible for the trade secrets; the concept of access to the information, the owner of the information, transfer of the information, disclosure of the information, etc. The following local normative legal acts of the enterprise should be made on the basis and in pursuance of the Regulations.

Information relating to the trade secrets (know-how) should not be publicly known (Part 1 of Art. 182 of The Code of the Civil Procedure) [4], and should be entrusted to the limited number of the individuals. The charter of the company can also establish the relations between employees on the use of the trade secrets (know-how), and assign the responsible officer of the security services, which would track the mode of use of the trade secrets (know-how).

The employer also needs to streamline labor law: to adopt certain rules in the field of the trade secrets (know-how) and the sanctions for breach of their use and disclosure. In the employment contracts who have access to the trade secrets (know-how) it is advisable to include an item on the regime of the secrets regarding the trade secrets (know-how). One must also issue a special order for personnel. For example, it is useful to add to the employment contracts the following commitments:

- Not to disclose the secret component (know-how), and other information constituting the trade secret (know-how), which will be entrusted to employee or will become available for work;

- Not to disclose to the third parties and not to disclose information in the organization, without the consent of the administration of the organization;

- Not to use the trade secret (know-how) to engage in activities that may harm the organization, even after the termination of employment;

- In the case of the attempts by the unauthorized persons, including the government officials, get the employee information which is the trade secret (know-how), immediately notify the proper officer;

- Immediately inform the appropriate official of the organization of the loss of trade secrets, as well as the causes and the conditions of possible leakage of information constituting the trade secret (know-how);

- In the case of redundancy all media that make up the trade secret (know-how): documents, drawings, manuscripts, tapes, disks, diskettes, printouts, photos and so on, which are at the disposal of the employee in connection with the performance of his duties while working at the enterprise, must be transferred to the appropriate official of the enterprise.

In order to establish a regime of the commercial secrets of the trade secret (know-how) one should also protect the use of the documents of the organization: e-mails, memos, reports, statements, and so on. It can be done by the setting specific restrictions and control on the software applications of personal computers of staff and administration for a number of the documents, including electronic, special marks that its contents constitute the trade secret (know- how). For example, on the basis of Art. 8 of the Law "On the Commercial Secrets" [3], put on the top right corner of the document mark "the trade secret (know-how)." Owner LLC "Bison", 220012, Belarus, Minsk, etc. - Pobeditelei 23 - 805.

In order to prevent the disclosure of the trade secrets (know-how) the employer in the first place should improve personnel management of the company, consolidate the concept of the trade secrets (know-how) in corporate law, create internal Regulation "On the trade secrets (know-how)." It should be noted that the above measures will help the owners of trade secrets (know-how) to ensure an adequate level of protection and to prevent illegal collection, use and disclosure. The evolution of the national legislation in accordance with international legal standards and experiences will help to integrate the Republic of Belarus into the global economic and political processes.
References

1. The Criminal Code of the Republic of Belarus adopted by the House of Representatives June 2, 1999: Approved Council of the Republic 24 June 1999, as amended and add., as amended. June 9, 2006 / Nat. Register of Legal Acts of the Republic of Belarus. -1999. - № 76. -2/50.

2. The Code of Administrative Offences passed by the House of Representatives December 17, 2002: Approved Council of the Republic April 2, 2003, and edited. and add., as amended April 20, 2012 / Nat. Register of Legal Acts of the Republic of Belarus. - 2003. - № 63. - 2/946.

3. On the Commercial Secrets Law of the Republic of Belarus on January 5. 2013 number 16-W Adopted by the House of Representatives on December 17. 2012 approved Council Resp. December 20. 2012 / Consultant: Belarus. Prof. technology [electronic resource] / OOO "YurSpektr." - Minsk, 2013.

4. The Code of the Civil Procedure of the Republic of Belarus adopted by the House of Representatives on December 10 1998: Approved Council Resp. December 18. 1998: Text with rev. and add. for comp. on January 21. 2013 / Consultant: Belarus. Prof. technology [electronic resource] / OOO "YurSpektr." - Minsk, 2013.

SECTION 8. Educational Sciences

GAMES AND GAME LIKE ACTIVITIES

IN FOREIGN LANGUAGE TEACHING

TO PRESCHOOL CHILDREN AGED 5 TO 7

S. V. Hristova

Private kindergarten The Little Prince, the town of Varna, Bulgaria stamena_hristova@dir.bg
This article presents a small but sufficiently indicative part of the results of a thorough study on early language teaching. The study was done as a pedagogical observation and interviews with children called "My favourite game in English" and reveals the quest to highlight one of the most important components of teaching English in kindergarten - games - revealed through the eyes of children themselves, who discuss their usefulness, feasibility, attractiveness and effectiveness. The presented results can serve both in conducting other large-scale researches in the field and in the pedagogical practice in planning, organizing and implementing teaching English in kindergarten.
Pedagogical researches play a vital part in the optimization of language teaching theory and practice. Based on empirical and experimental researches, teachers and researchers gain objective information about the observed components of the educational process and verify the effectiveness of hypothetically constructed didactic models.

The last two decades have confirmed the assumptions about learning as bilateral, active interaction between teachers and learners. This has increased interest to the empirical study of this process from the perspective of its direct entities. Examples include studies of the so-called "subjective theories", ie combination of knowledge, convictions and hypotheses of teachers and learners that influence their behavior and the results of their work. Both the use of scientific theories and the study of subjective theories, support the explanation and prediction of objective reality (in this case – teaching) and planning steps for its positive change. [1]

Modern tendencies in foreign language teaching at pre-school increasingly more definitely require the direction to the implementation of effective methods and models of teaching and upbringing in which "attitude is shown " and thus they provide activity and improvement to the quality of process of teaching in kindergarten. Close and intense relationship of interaction influences behavior and the overall condition of the child who has to individually go along his/her movement in the learning process, to realize in visual-and-practical terms every single achievement in their experience. Games perfectly meet this requirement and that is why they take the central place in early language teaching. The playful methodology in teaching English (playful LTM) - meets children’s needs for communication, especially in terms of psycho-emotional and motivational components that influence the process of teaching. [4] In order to respond adequately to the contemporary tendencies, teaching English at private kindergarten The Little Prince, during the school year 2012/2013, was done with the aim of the playful method, based on a specially designed set of 63 various games and game-like activities.

In the selection and implementation of the games and game-like activities, included in the set, the following requirements were observed:

1. Good training in terms of content and form, and clear organization by the teacher.

2. Carried out in a well-wishing and creative atmosphere that evokes a sense of satisfaction and joy in children.

3. Taking into consideration the age and psychological characteristics and linguistic capabilities of children who are organized in such a way that children are allowed to active participation in verbal communication and most effective usage of the trained speech material.

4. Ensuring deepening, widening and strengthening of knowledge, cognitive development of children.

5. Ensuring continuity between other forms, methods and means of teaching.

6. Creating the conditions for deploying the creativity of children, activity, independence and possibility for self-organization.

7. Gradual intensification of didactic tasks, content, game activities and rules in order to build a system to stimulate cognitive development.

8. Regulation of the relations between children and expression of their skills in control and self-control with the aid of the rules of the games.

9. Activating children's interest and receiving satisfaction, corresponding to their participation in the game, with the aid of assessing the game results in its end.

The aim of the study is to explore children’s preferences for certain games and game-like activities in English as well as to reveal their real motivational abilities and efficiency in learning and the drawn conclusions to serve as a practical improvement of teaching.

1. The following tasks have arisen from so formulated objective:

2. To establish criteria for the selection of appropriate games and game-like activities in English.

3. To compose possible combinations of games and game-like activities.

4. To conduct a pedagogical experiment, for a period of one school year, relating to the implementation of the set of games and game-like activities in teaching English.

5. To compile models of pedagogical situations in English, which show the place of games and game-like activities in the experiment.

6. To draw pedagogical technology for conducting a teaching experiment that shows consistency and continuity of application of the combinations of games and game-like activities in pedagogical situations in English.

7. To make an individual portfolio for each child which will serve as an objective means of measuring their achievements.

8. To conduct interviews with children in order to examine in detail the motivational aspects and the efficiency of the games and game-like activities, revealed through the eyes of the children themselves.

9. To design, according to the detected and analyzed results, a final product of the study - a collection of selected (favourite) games and game-like activities in English, intended to serve in practice.

The target of the study are games and game-like activities in a foreign language teaching (English). From a theoretical point of view they can be identified and distinguished in the following way:

Game-like activities are activities in which linguistic units are repeated, assimilated and acquired –isolated or in a situational context. One-type mental and speech acts are usually performed during the activities,[2] while the mode of performance, format and content are pre-defined. The use of language is controlled, errors are hardly ever tolerated. The activities prepare children for the implementation of complex communication tasks in games. [3].


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