Abstract: The improvement of the mechanism of legal protection should be based on profound social and scientific grounds. The research object is social relations aimed at ensuring safety of a person, society and state from threats connected with vehicles operation in the Russian Federation. The research subject is the set of legal acts in the field of transport safety and Russia’s administrative and criminal legislation in the field of responsibility for dangerous operation of motor vehicles. The body of general scientific and specific legal research methods helps formulate the insights. In the result of studying the problems of criminal responsibility for dangerous operation of motor vehicles, the author distinguishes a repressive and a moderate repressive approaches. It is supposed that it would be justified to return a provision establishing responsibility for leaving the scene of an accident into the chapter 27 of the Criminal Code of the Russian Federation in order to increase drivers’ responsibility and reduce traffic accident rate.

DOI: 10.25136/2409-7810.2019.2.29473

Abstract: The authors consider the issues of legislative correction of the provisions of article 123 of the Criminal Code of Russia for the purpose of its improvement. The research object is social relations protecting health. The current specificity of legal measures, provided by the Russian legislation, aimed at preventing illegal artificial termination of pregnancy determines the necessity to develop suggestions about the improvement of the criminal law of Russia in order to increase its effectiveness. The authors group and study the proposed new constituent elements of these offences. The authors compare legal institutions imposing responsibility for illegal artificial termination of pregnancy. The set of general and specific methods of legal research helps formulate the conclusions of the conducted study. The authors suppose it would be reasonable to amend article 123 of the Criminal Code part one with the following phrase: “The same action in the stage of pregnancy over 22 weeks”. Regarding punishability of this qualified type of illegal artificial termination of pregnancy, the authors suppose it would be reasonable to assign the same punishment as for the offence specified in part 3 of article 123, but to reduce term almost twice - maximum 3 years for compulsory labour and imprisonment, and maximum 1 year for the deprivation of right to hold specific posts or to be engaged in specific activities.

DOI: 10.25136/2409-7810.2019.1.29057

Abstract: The authors consider the peculiarities of combating bribery of foreign public officials and the officials of international public organizations in the USA and Great Britain. The authors find out that responsibility is imposed for bribery of a foreign official per se and of politically exposed persons who do not hold a public office at the moment but can use their political influence in favour of a briber. Therefore, bribery can be aimed at any other person if it is reliably known that the whole bribe or its part will be taken by these officials or politically exposed persons. The authors use the methods which are the evolution of scientific research methods known in and tested by the legal science. They ensure the reliability of the acquired results. Based on the research and the study of foreign experience and international documents, the authors clarify the characteristics of the crimes in question. The authors conclude that the in the Anglo-Saxon legal system, the lawmaker has implemented the basic international standards in the field of responsibility for bribery of foreign public officials and the officials of public international organizations. Particularly, the law system establishes responsibility for both active and passive bribery of such persons in particular legal regulations; besides it formalizes the responsibility of legal entities in this field.

DOI: 10.25136/2409-7810.2018.4.28166

Abstract: The authors discuss such aspects of the topic as the peculiarities of international standards in the sphere of responsibility for the deeds infringing on the interests of the service in business entities. The authors reveal that in the international law there are two independent forms of legal responsibility for corruption-related crimes: criminal responsibility and civil responsibility. However, public and private responsibility can be imposed simultaneously for one and the same corruption-related crimes. The article also studies the documents of the Group of States against Corruption (GRECO), which Russia also belongs to. These documents are particularly important in terms of establishing international standards of countering corruption-related crimes. The proposed set of methodological and analytical instruments is the evolution of research methods, well-known and widely applied by the legal science. These instruments guarantee reliability and trustability of the expected results. The authors formulate the following conclusions: the international law prioritises criminal responsibility for corruption-related crimes in business entities; the UNO’s documents contain a wider list of corruption-related crimes than the EU’s documents; all international acts admit that the imposition of criminal responsibility on a legal entity for corruption-related crimes committed in business entities does not exclude the possibility to impose criminal responsibility on a private individual for the same deed. The authors emphasize that a deed should be intentional. Most provisions of international documents have already been implemented within the Criminal Code of the Russian Federation. The issue of the possibility to impose criminal responsibility on legal entities for corruption-related crimes committed in business entities is worth further studying.

DOI: 10.7256/2454-0692.2017.1.18596

Abstract: The problem of migration is still urgent in the Russian Federation nowadays. The present article analyzes the current migration situation in the Russian Federation and its impact on the crime rate. Migration is considered as one of the important factors of crime. The author differentiates illegal and criminal migration and describes the spheres of illegal ethnic groups’ activities. The author notes that migrants, who commit crimes in the territory of the Russian Federation, are also vulnerable to crimes. The study points at the main directions and the results of work aimed at migration rules observance in the Russian Federation. The author applies the set of general scientific and special methods of social and legal reality cognition. The research methodology is based on the dialectical method with the typical requirements for objectivity, comprehensiveness, historicism, and specificity of truth. The recent toughening of control over migration rules observance is also conditioned by the increased terrorist threat. The author concludes that control and adaptation measures tightening doesn’t violate human rights, but helps create obstacles to potential criminals and reveal internal security threats.

DOI: 10.7256/2409-7810.2017.1.19515

Abstract: In this research Dzidzaria conducts a comparative analysis of criminal procedure codes applicable in a number of European Countries and the European Convention of Human Rights with reference to compensation of physical or moral harm and rehabilitation. Based on the legislation of various countries, each citizen has the right to claim compensation for physical or moral harm incurred during application of procedural compulsion measures in case his or her innocence is proved. In case a citizen has been acquitted, he or she also has the right to rehabilitation and compensation of physical or moral harm. The researcher explains the reasons of why a number of criminal procedure codes do not conform to the European Convention on Human Rights articles regarding rehabilitation and offers ways to improve the aforesaid clauses of the criminal procedure codes. The methodological basis of the research involves the comparative legal method with its typical requirements for objectivity, comprehensiveness, historicism, and truth specificity. As a conclusion, the author emphasizes the need to establish and legally fix guarantees of the human rights as the basis of a constitutional state when the accused has the right to protect his rights in case his innocence is proved.

DOI: 10.7256/2454-0595.2016.10.20754

Abstract: The article considers the problems of the application of the composition of offences, introduced in 2013, and studies the issues of imposition of sanctions for fictitious residence or household registration of a citizen of the Russian Federation, fictitious residence registration of a foreign citizen or a stateless person, and fictitious household registration of a foreign citizen or stateless person. Due to the blanket nature of these provisions, the author reveals the content of their terminology. The author applies the set of general scientific and special research methods. The research methodology is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and the specificity of truth. The author concludes that, since this deed is qualified as a misdemeanor (the most severe punishment is up to 3 years’ imprisonment), the general incentive norm can be applied, which is provided by the part 1, article 75 of the Criminal Code of the Russian Federation (liberation form criminal responsibility upon active repentance).

DOI: 10.7256/2454-0692.2016.6.17545

Abstract: The author considers such aspects of the topic as international legal standards of the struggle against corruption in the social sphere. Despite the serious character of the problem of corruption-related crimes in the social sphere – especially in the developing states – the existing international statutes consider the struggle against corruption in general, not paying any special attention to the corruption in the social sphere. Corruption in the social sphere is in the focus of specialized universal institutions, working in the social sphere (WHO, UNESCO); it is regulated by regional and supranational legislation. The author applies the set of general scientific and special methods of cognition of socio-legal reality. The research methodology includes the dialectical method with the typical requirements for objectivity, comprehensiveness, historicism and the solidity of truth. Among the most topical tendencies of international statutes development in the field of the struggle against corruption (including the corruption in the social sphere), the author names the involvement of non-governmental organizations and the strengthening of anti-corruption impact on commercial entities; the extension of the notion of corruption on illegal actions of officials of commercial entities along with the actions of public officials. The author notes that for the purpose of the struggle against corruption, international law counts upon the criminalization of corruption-related activities of legal entities. This fact is of a special importance for the social sphere.

DOI: 10.7256/2454-0595.2016.5.17323

Abstract: Corruption in health care is not limited to damaging legal activities of public authorities, local authorities, state and municipal organizations, state corporations, Armed Forces of the Russian Federation, other troops and military units of the Russian Federation, but influences directly the condition of observance of citizens’ rights for health protection and finally the preservation of life. The problem of corruption crimes in health care hasn’t been sufficiently covered in the scientific works. The research object of this paper is the range of social relations protecting legal activities in health care. The author considers the corruption crimes statistics, studies the examples of judicial and investigatory practice. The author forms the list of corruption crimes in health care. The obtained results are compared with the empirical data of studies of other scholars in the related subjects. The author uses the set of general scientific and special methods of cognition. The author ascertains the fact that neither the existing legislation nor law enforcement practice can effectively resist corruption so far, particularly in health care. Therefore it is necessary to continue studying the problems of corruption crimes qualification in the social sphere, including health care, and the reasons and conditions furthering them.

DOI: 10.7256/2454-0692.2016.5.17546

Abstract: The article studies corruption-related crimes in the social sphere. The author notes the common feature of corruption-related crimes in this sphere in Russia and abroad – the absence of special components of corruption-related crimes in the social sphere. Indeed, the legislation of Russia and foreign state doesn’t provide special components of corruption-related crimes in the social sphere. The only exceptions are the acts of corruption in particular public functions (for example, in delivery of justice). In such cases, special components of corruption-related crimes are separated on the base of the peculiarities of a subject or an object of a crime and are limited to performing the functions in the sphere of delivery of justice, electoral law, military service, etc. The research methodology is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and the specificity of truth. The author applies general scientific methods, including the methods of analysis, synthesis, comparison and measurement. Among special methods, the author uses formal legal and comparative legal methods. The author finds out that in the states with the prevailing private sector of the economy, there are practically no corruption-related crimes on the basic level, i.e. on the level of interaction between a student or a patient with a teacher or a doctor, since most corruption-related crimes are committed on the level of subjects interacting with public authorities (private clinic, private educational institutions, etc.).

DOI: 10.7256/2409-7810.2016.4.19399

Abstract: Researchers recognize that the institution of criminal accompliceship forms is one of the most complex and debatable issues in criminal studies. One of the main attributes of defining a form of accompliceship is the degree of participants' action coordination both in the process of preparation and commitment of a particular crime. The subject of the research is a set of objective and subjective characteristics of accompliceship that describe mutual actions performed by participants and reflect the degree of their action coordination when preparing or committing crimes as well as the degree of the social danger of a crime or crimes themselves. To ensure an objective and in-depth research, the authors compare the results to empirical research data provided by other researchers on associated matters. The authors have used the following methodological grounds: a set of general and special research methods taken from social studies and law. The authors define a 'criminal organisation' as a stable and structured organised group or association of organised groups acting under one leader which members are disciplined, conspired or united for the purposes of mutual commitment of one or several grave or gravest crimes in order to directly or indirectly receive material benefits and which have a financial basis, weapons or possibly corruptive relations with authorities.

DOI: 10.7256/2454-0692.2016.4.19667

Abstract: The problem of forms of criminal participation is one of the most difficult and disputable. One of the main features, helping identify the form of criminal participation, is the level of uniformity of action of accomplices in preparing and committing the crime. The research subject is the set of objective and subjective features of criminal participation, characterizing the simultaneity of actions of accomplices, reflecting the level of uniformity of their actions in preparing and committing the crime and the level of public danger of the crime. The author applies the set of general scientific and special methods of cognition of the socio-legal reality. To formulate the correct conclusions about the forms of participation in crimes against public order, the author develops the proposals about amending the legislation with the required terminology. The author develops the terms of public danger, criminal participation and forms of criminal participation, criminal and terrorist group and a killing organizer as one of the accomplices. The author offers the ways of the legislation improvement which will promote the prevention of crimes against public safety committed in accompliceship.

DOI: 10.7256/2454-0595.2016.3.16082

Abstract: The article is prepared within the scientific research work “Improvement of legal regulation of information relations in the executive authorities system”. The research focuses on the improvement of the contemporary administrative and information legislation, the development of scientifically grounded proposals aimed at legal regulation of systematization and codification of functions and responsibilities within the system the executive authorities in the context of the developing information society. The author analyzes the existing systematization of functions and responsibilities within the system of executive authorities for the purpose of optimization of state (local) administration in related spheres, and improvement of the procedures of interaction between state, physical and legal entities; reveals the advantages and shortcomings of classifiers application in the sphere of management according to the parameters of the system of executive authorities, functions of executive authorities, classifiers, registers and standards of documenting managerial information in terms of the resources of information technologies. The main research methods are analysis and synthesis. The author also applies the general scientific method, the comparative-legal method and the system approach. The author concludes that in the context of the information state and interdepartmental interaction, separate application of various classifiers is insufficient, therefore they should be created in the electronic form, since the paper form of registration of complicated relativistic connections is inconvenient and unclear; they should have matrixes of interrelations and correspondence of classifiers. Eventually, it is planned to create a single mechanism and a system of management for all information resources, which will provide the correspondence of data about particular objects or subjects of legal relations and their provision in the necessary volume.

DOI: 10.7256/2409-7810.2016.2.17370

Abstract: It should be noted that now the bribery in health system is put on a stream, reaches huge scales, there is an opinion that 40% of "pocket payments" are the share medics of those services which rely free of charge. The author in this work conducts research the financial relations between the doctor and the patient often which often are under construction on an informal basis and on the basis of the received results tries to develop definition of object and an object of a bribe in health care sector, and also in system of pharmaceutics. The methodological basis of research are general scientific methods (a system and structural method, an analogy method, the general logical receptions: analysis and synthesis, induction and deduction), and also special methods of legal research (comparative method, extrapolation method, legallistic method, etc.) . The main conclusion of the conducted research - the object of bribery in health care, as well as in other social sphere is more multidimensional. According to the author, besides the public relations protecting government bases, as object it is necessary to recognize the public relations protecting bases of the social sphere, area of social protection of the citizens who have got into a difficult life situation including children without parental support, disabled people and other groups of citizens, protection of public health.

DOI: 10.7256/2454-0595.2016.1.16897

Abstract: The article is devoted to the analysis of the main stages and directions of Russian criminal legislation on crimes against the administrative order. The author studies Russian historical legal documents, demonstrates the connection of the history of the studied crimes with the evolution of the state. The author defines the prerequisites to differentiation of official malfeasances and managerial crimes and their classification as general or specific. The author notes that the increase of normative data on components of crimes against the administrative order is closely connected with the structure of relations between the person and the state and with the level of the state system bureaucratization. The research is based on the dialectical method of cognition combined with the system-logical, formal-legal, comparative-legal and historical analysis. The author also applies the methods of analysis, synthesis, modeling, prognostication, statistical and sociological methods, the principle of unity of the subject and the method of research, and the principle of scientific correctness. The novelty of the study consists in the conclusion that during the period under consideration, Russian law hadn’t only generalized the experience of the previous times, but systematized crimes against the administrative order; this systematization simultaneously was defined by and promoted defining the true legal nature of those crimes.

DOI: 10.7256/2454-0595.2015.12.16925

Abstract: The author of the study pays special attention to the fact that the globalization of economic processes and legal interests and the necessity to struggle against criminality in almost all countries lead to the need for a unified interpretation of basic legal terms. The term “fraud” is used in administrative and criminal laws of different states and in international acts, and the problem is that it is interpreted in different ways. Changes in the Russian legislation have also seriously reformed the concept of fraud, causing a large number of scientific discussions. The author emphasizes the theoretical and practical importance of understanding of fraud as a corruption crime. The methodology of the research is composed of a set of general scientific and special methods of cognition on the base of principles of scientific objectivity, systemacy and historicism. The choice of research methods is determined by the object, the subject, the aims and tasks of the research. Such an approach allows the author to reveal the development patterns of international and Russian legislation. The proposed work is the analytical research of international acts on fraud and their comparative analysis. The author comes to the following conclusions: fraud has become one of the most widespread and latent crimes all over the world; in international conventions fraud covers a wide range of fraudulent deeds; fraud is rated among grave crimes which have become a growing international problem requiring the use of modern and effective methods on an international scale. It is worth noticing the understanding of fraud as a corruption crime.

DOI: 10.7256/2454-0595.2015.11.16748

Abstract: The article is devoted to the questions of inclusion of Russia in the international fraud combating system. The recently adopted international treaties require that all participant states establish specialized bodies for corruption and fraud combating and prevention and impose criminal liability for all crimes of these types, recognized by these treaties. Taking into consideration that the subjects of fraud cross the state borders, the author supposes that it would be reasonable for Russia to join the international community in struggle against fraud; for this purpose it is necessary, particularly, to unify the terminology in the sphere of fraud. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. Among the general scientific methods the author applies the methods of analysis, synthesis, comparison and measurement. The comparative-legal method is used as a special scientific method. The author offers to define corruption fraud as a theft of somebody else’s property or acquisition of property right on somebody else’s property by deception or a breach of trust, committed by a person using his official position. The novelty of the research lies in the attempt to develop the proposal to revise the range of subjects of this type of crime, to consider the existing new practical forms of objective corruption frauds and to correlate them with the theory and practice of international law.

DOI: 10.7256/2454-0595.2015.11.16868

Abstract: The article considers the role of study of the bases of Russian legislation, and testing as a means of adaptation of foreign nationals to socio-cultural conditions in Russia. The authors note that the preparation for tests for residence permit requires a more thorough study of subjects in comparison with those for migrants applying for a work permit or a patent. Special attention is paid to the methodology of compositing the tests whose results will allow the foreign nationals not only to test their knowledge, but also to learn the course better. The authors apply the universal dialectical method of cognition and various special scientific methods: logical-legal, historical, comparative-legal, system-structural analysis, statistical and special sociological methods. The authors conclude that testing is aimed not only to evaluate the acquired knowledge, but also to encourage the study of the material. The very structure of the tests and the understanding of their content play an important role in education and assistance to foreign nationals in their aspiration for becoming full members of the Russian society.

DOI: 10.7256/2454-0595.2015.11.16911

Abstract: The author discusses such aspects of the topic as the peculiarities of criminal liability for computer fraud in the legislation of the countries of North and South America, Oceania, Asia and Africa. The topic is of a practical importance, since the transnational character of computer fraud presupposes the necessity to interact with law enforcement bodies and legal systems of other states. Such cooperation is only possible provided that there is a clear understanding of national peculiarities of liability imposition. The author applies the set of general scientific and special methods of cognition. The methodology of the research is based on the dialectical method with its requirements for objectivity, comprehensiveness, historicism and clarity of truth. The author applies the methods of analysis, synthesis, comparison and measurement. The formal-legal and the comparative-legal methods are used as special scientific methods. The group character of an analyzed crime is often recognized as its main feature. In certain countries the abuse of authority, the misuse of the Internet, and minor or senile age of the aggrieved person can be considered as matters of aggravation. It should be mentioned that sometimes change, destruction of blocking of computer data serves not as a constructive, but as a qualifying feature of computer fraud. This article can be used by students, postgraduates, lecturers, law enforcement officers and practicing lawyers, and by all interested in this subject.

DOI: 10.7256/2454-0595.2015.7.14123

Abstract: The article considers the ways of public control efficiency enhancement. The authors detail the problems of information and legal support of public monitoring and the possibility of use of information and telecommunication systems in this sphere, including the Internet. Special attention is paid to the development of methodical recommendations of use of public control mechanisms. The authors study the possibilities of departmental law-making in the sphere of development of recommendations for public monitoring use and its results assessment. The study is based on the set of general scientific and special methods of cognition of social and legal reality. The methodology is based on the dialectical method with its requirements of objectivity, comprehensiveness, historicism and preciseness of the truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As a special scientific method the authors use the comparative-legal method. The main contribution of the authors to the study of this topic is the suggestion about the need for a detailed regulation of the ways of acquisition of reliable, full and timely information about the activities of public authorities, collected and analyzed by means of up-to-date information technologies. The authors offer a standard order of public monitoring of public authorities, local authorities, state and municipal organizations and other bodies with public powers.

DOI: 10.7256/2454-0595.2015.6.15570

Abstract: The article is supported by the government assignment project №3299The Russian Federation ratified (by the Federal Law N 76-FZ, dated 07.05.2013) the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse concluded in Lanzarote on 25.10.2007. Thus the state made a commitment to take the necessary legislative or other measures to ensure the establishment of criminal liability for the solicitation of children for sexual purposes in the Internet and through other information and telecommunications networks. The authors use the following methodological grounds: a set of the general scientific and special methods of social-legal reality cognition. The methodology of the research is based on the dialectical method and its requirements of objectivity, comprehensiveness, historicity, and the clarity of truth. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison, and measurement. As a specific method the authors use the comparative-legal method. The authors suppose that the crime provided in the art. 135 of the Criminal Code can be committed with the use of the Internet and other information and telecommunications networks. On the base of the provisions of the Convention, the Russian legislation and jurisprudence, the authors formulate the proposal regarding the adoption of Art. 23 of the Convention by the domestic criminal law.

DOI: 10.7256/2454-0692.2015.6.17188

Abstract: The article contains the analysis of realization of the national migration policy of the Russian Federation. In modern circumstances, migration of highly skilled workers is an important source of human capital, ensuring economic growth and well-being of the recipient countries. In is no coincidence that the competition for such employees has an international scale; one of the strategic tasks is the creation of conditions and mechanisms for the attraction of the demanded highly skilled and qualified specialists, entrepreneurs and investors on a long-term basis. Therefore, it is important to develop the legal and organizational grounds of the complex examination of knowledge of Russian legislation of the foreign citizens, applying for temporary a residence permit, a residence permit, a work permit or a patent. The methodological basis of the study comprises the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods, the authors use the methods of analysis, synthesis, comparison and measurement. The authors conclude that the migration legislation realization in the Russian Federation doesn’t completely correspond with the current and the future demands of economic, social and demographic development, the interests of employers and the Russian society in general. Thus, the authors suggest strengthening the government control over law enforcement and organizational grounds of the complex examination of knowledge of the Russian legislation of foreign citizens which will enhance migration processes and promote economic development and well-being of the Russian population.

DOI: 10.7256/2306-9945.2015.5.18067

Abstract: In the last 5-7 years the current criminal law has been supplemented with a significant amount of regulations imposing liability for particular types of commercial crimes. This situation arouses concern. Criminal legislation is traditionally considered as one of the conservative branches of the Russian law system, therefore the frequent changes and supplements to the Russian criminal law can indicate the lack of clear understanding of the goals of the contemporary criminal policy and (or) the means of their achievement. The authors study the issues of the correct use of the components of legislative technique in the provisions of particular regulations of criminal legislation on commercial crimes. The authors apply the set of general scientific and special methods of cognition. On the base of the research of particular articles of chapter 8 of the Criminal Code of the Russian Federation the authors conclude about the poor quality of these regulations. The analysis shows that many rules of legislative technique have been broken in the process of describing legally relevant elements of socially dangerous deeds. This circumstance causes the possibility of ambiguous interpretation and improper practical application of criminal regulations on particular commercial crimes.

DOI: 10.7256/2454-0595.2015.4.13115

Abstract: The highest level of social danger of corruption activity is unquestionable: firstly, nowadays corruption is an inevitable concomitant of all authorities execution, especially in the sphere of social goods distribution; secondly, the increase of corruption in society indicates the low efficiency of the existing measures of coercion and other forms of social control and prevention; thirdly, corruption, including its active aspect, is a dynamic, developing and various social phenomenon, and this fact determines a relative character of any scientific results of the study of this phenomenon and predetermines the perspectives of the future research. The article considers the particular criminological aspects of combating corruption. It reveals the forms and types of corruption; characterizes the causes and the consequences of corruption. The study of corruption as a social phenomenon is carried out in complex: using criminology, administrative, constitutional, public and labour law, political science, economics, and psychology. The authors come to the conclusion that the scale of criminogenic factors, determining the corruption activity nowadays, is not proportional to anti-corruption measures. The authors note that for an adequate assessment of corruption in Russia and application of effective measures of coercion, for revelation and prevention it is necessary to consider corruption not as a one-time case, but as a considered, illegal "custom of corruption business intercourse", and to admit that corruption is a serious scientific problem which should be solved within interdisciplinary approach.

DOI: 10.7256/2454-0692.2015.4.16198

Abstract: The subject of the research is official forgery, the most widespread crime against public authority, interests of public service and local authorities. Its share in the period of 1997 – 2015 was from 28,2 to 34,2%. The studied law-enforcement practice shows that illegal turnover of official documents is very often combined with other types of crimes. It should be admitted that various crimes cause specific and heterogeneous forms of documents forgery, therefore each particular case requires not only the comparison of the signs of forgery as an independent crime, but also the investigation of other peculiarities of the deed. The authors apply the comparative-legal method to analyze a wide range of materials, scientific literature and printed media. The formal-legal method helps to formulate the authors’ definitions. The authors suppose that the publishing, keeping, protection and issue of official documents are the main functions of officials, public servants and local authorities’ servants. The deeds of officials who had committed official documents forgery using their authority against the interests of their service, in their personal interests, which caused significant violation of rights and interests of other citizens or organizations, or the protected by the law interests of the society or the state, should not be considered as a competition of a general and a special rule, but should be qualified in the totality of articles 285 and 292 of the Criminal Code of the Russian Federation.

DOI: 10.7256/2454-0692.2015.4.16213

Abstract: The problem of personal data protection has become particularly urgent in the light of the recent disclosure of facts of mass spying on the Internet users by special services. The authors of the article study the work of the NSA with confidential information of the Americans and the citizens of other countries in order to reveal personal information security threats, the main problems of the right to privacy observance in the activities of government services and the ways to solve them. The authors apply the set of general scientific and special methods of socio-legal reality cognition. Among the general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. The comparative-legal approach is used as a special scientific method. The purpose of personal information security improvement requires a range of measures aimed at the effective protection of personal data and metadata. The authors conclude that the peculiarities of the modern transboundary data transmission and telecommunication networks organization reduce the efficiency of national legislation in the sphere of citizens’ personal data protection. In this situation these issues should be urgently regulated by the international law.

DOI: 10.7256/2409-7810.2015.4.18017

Abstract: One of the difficult and unsolved problems of the Russian criminal and legal science is the definition of the object of crimes against administrative order. Despite numerous attempts, this problem still remains an unresolved issue of Russian criminal and legal science. From the point of view of methodology it is important to distinguish, at least, two directions of the scientific discussions with different shades of meaning: discussions about the object of crimes of the studied group of offences in general and discussions about the maintenance of an order of management as a patrimonial object of crime. The methodology of the research involves a set of general scientific and specific research methods based on the principles of scientific objectivity, systemacity and historicism. Such selection of research methods is caused by the research object, subject, objectives and problems. Based on the analysis of the concepts presented in literature, the author of the article makes a conclusion that it is obviously possible to introduce more clarity into the existing system of knowledge about the object of crimes against administrative order. The object of such crime should be the public relations arising between citizens, on the one hand, and both the government and municipal bodies (representatives of these bodies), on the other hand, in the course of administrative activity of the latter.

DOI: 10.7256/2454-0692.2015.3.15499

Abstract: The author studies the meaning of violence as a criminal phenomenon, characterizes the concept of violence in the context of its criminal attributes. The author analyzes such attributes of violence as coercion, premeditation, and activity of the deed. The author emphasizes that violence can be of physical, psychic and sexual character. From the viewpoint of the subject, violence can be used against another person, a group of people, the society, and an animal. The study provides the analysis of other attributes of violence. The author offers his own definition of violence as a criminal category. The author uses the following methodological bases: the complex of the general scientific and special methods of cognition of socio-legal reality. The methodology is based on the dialectical method with its features of objectivity, universality, historicism, and certainty of the truth. Among the general scientific methods the author uses the methods of analysis, synthesis, comparison, measurement. As a special method the author uses the method of comparative-legal analysis. The novelty of the research lies in the attempt to reveal the essence of violence as a criminal category, the absence of which impedes law enforcement and doesn’t favour the uniformity of practice. The author offers the following definition of violence: a socially dangerous premeditated active physical, psychic or sexual act used against another person, a group of people, the society or an animal, characterized by the moral, physical or material harm and prohibited by the Criminal Code under the threat of punishment.

DOI: 10.7256/2409-7810.2015.3.15986

Abstract: As in many countries in the world, one of the problems of childhood in Russia is a prevalence of problem families, cruel treatment of children and all forms of abuse of children. The article presents a range of recommendations for the Russian legislator about implementation of the provisions of the Council of Europe Convention on Protection of Children against Sexual Exploitation and Sexual Abuse, “the Lanzarote Convention” of 25.10.2007, ratified by Russia in the Federal Law of 07.05.2013 № 76-FZ. The methodology of the research is a set of general scientific and special methods of cognition. The methodology is based on the dialectical method with its requirements of objectivity, comprehensiveness, historicity, and distinctiveness of the truth. Among general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. As the special method the comparative legal method is used. According to the article 26 of the Convention, a legal person can be held liable for an offence established in accordance with this Convention, committed for its benefit. Among these offences are child pornography, sexual exploitation and sexual abuse. The bill of the Federal Law “On Amendments to Particular Legislative Acts of the Russian Federation after the introduction of criminal liability of legal persons” has been discussed in Russia for several years. Thereupon the authors suppose that it is necessary to pay special attention to sexual offences against children committed by legal persons.

DOI: 10.7256/2409-7543.2015.3.16184

Abstract: The authors consider penal counteraction to cruel treatment of children and all forms of violence against children. In the authors’ opinion, domestic violence is considered as a grave crime which should be treated as a separate element of aggravating circumstances. At the same time, the authors suppose that a crime committed by one member of the family against another member of the family or other person under particular circumstances can be treated as an extenuation. The authors use a set of general scientific and special methods of cognition. The methodology of the research contains the dialectical method with its requirements of objectivity, comprehensiveness, historicism and clarity of truth. Among general scientific methods the authors use the methods of analysis, synthesis, comparison and measurement. The comparative-legal method is used as a special scientific method. The authors offer the amendments to the existing qualificatory parts of articles and the introduction of new qualificatory features where it is necessary. Such amendments could not only define a special position of the family as an important social-legal institution, but also serve as an effective preventive measures in relation to other members of the family who are the potential subjects of such crimes thus providing the implementation of constitutional guarantees of protection of the family and its members.

DOI: 10.7256/2454-0595.2015.2.13465

Abstract: The research subject is the Anglo-Saxon legal system as one of the most widespread systems in the world juridical practice. The authors note that many countries of this legal system have been more successful in combating corruption than the Russian Federation, and the adoption of their experience could have positive results in the Russian practice. It is possible that the results of the analysis of different methodological approaches, applied in the formation of norms about the subjects of corruption crimes, based on the international and foreign experience, will help the scholars to formulate the universal system of efficiency criteria of the national penal legislation depending on the degree of coverage of corruption crimes subjects whose socially dangerous acts form penal corruption. On the base of the comparative-legal method the authors analyze a wide range of archive materials, scientific works, and press. The application of the formal-juridical method helped formulate the authors’ definitions. In the authors’ opinion, Russian penal legislation should organically allocate with penal legislation of foreign states in order to provide the functioning of a single interstate legal system of combating corruption as a crime. It should meet the modern corruption challenges and timely criminalize the most dangerous forms of corruption. It should also contain certain principles, providing the opportunity (following the principles of legality and guilt) to immediately react to the new ways, methods and forms of corruption crimes within the provided by penal legislation (in the special part of Criminal Code of the Russian Federation) components of crime.

DOI: 10.7256/2454-0595.2015.1.13116

DOI: 10.7256/2306-9945.2014.6.14233

Abstract: The authors study the problem of formation of a centralized system of social control within the federal state control over educational institutions. Today it is understood that it is impossible to solve the key state issues by a simple legislative regulation or by means of government institutions resource. The more efficient solution of the urgent state problems can be achieved only by means of public control increase and non-profit sector and civil society institutions development. The subject of the research is the activity of the subjects of social control aimed at observation over the activities of public authorities, local governments, state and municipal organizations, other agencies and organizations in the sphere of education. The authors use a set of scientific and special methods of cognition of the socio-legal reality. The methodology of the research is based on the dialectical method with the inherent requirements of objectivity, comprehensiveness, historicism, concrete truth. The authors use the general scientific methods of analysis, synthesis, comparison, measurement, and the special scientific comparative-legal method. The study reveals the typical errors of the existing regulations in the sphere of public control based on the fact that they have not taken into account the provisions of the new Federal Law of 21.07.2014 N 212-FZ "On the foundations of social control in the Russian Federation". The authors offer the creation of a standard regulation about the public council under the regional executive body of the Russian Federation authorized by the Russian Federation to exercise state control (supervision) over educational institutions.

DOI: 10.7256/2454-0595.2013.9.8966

DOI: 10.7256/2306-9945.2013.6.9495

Abstract: The article concerns the issues of improvement of procedure and conditions of serving punishment in form of imprisonment in Russia in the light of the Concept for the Development of Penitentiary System of the Russian Federation till 2020 and in modern Norway. For the modern implementation of the concept it is necessary to change the approach to the preparation of highly qualified cadres, knowing specificities of psychology of convicts, understanding their "forced" situation and capable of working in the conditions of counteractions of criminal structures. They say, that in the opinion of Russians the Norwegian prisons have something in common with good educational institutions, normal cooperative company and cozy mountain skiing resorts with rather good food. The Concept presupposes that bringing the conditions and treatment of convicted prisoners in accordance with the European standards presupposes larger personal space. It is noted that the conditions of serving punishment in form of imprisonment should provide for dignified life of persons and have maximum similarity to the regular life.