Legal Studies - номер 5 за 2020 год
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 05/2020
Contents of Issue № 05/2020
Law and order
Turkulets V.A. - Sexting with regards to minors: criminal legal and victimological aspect pp. 1-11

DOI:
10.25136/2409-7136.2020.5.33125

Abstract: The questions of prevention cybercrimes with regards to minors gain special relevance in the conditions of pandemic, global self-isolation and transition to distance learning. Constant forced usage of Internet resources increases the risk for identification of the potentially dangerous online contacts, as well as likelihood of obtaining access to prohibited or undesired content. The object of this research is the relation of protection of minors from criminal offences of licentious nature committed using the modern communication technologies and networks. The subject of this research is the criminal legislation of the Russian Federation in the area of protection of minors from sexual misconducts committed via information and telecommunication networks. The research methods contain the analysis of current criminal legislation and law enforcement practice of the Russian Federation, review and generalization of theoretical sources on the topic. The scientific novelty consist in examination of peculiarities of qualification of offences pertaining to sexual abuse of minors, committed using the information telecommunication networks. The conclusion is made that due to proliferation of sexting in the information telecommunication networks with regards to children below 12 years of age, it is necessary to exclude from the Article 135 of the Criminal Code of the Russian Federation the minimal age of the victims of sexual abuse, establish an age bracket of those “who have not attained the age of fourteen” in the Part 2 of the Article 135, as well as classify usage of information and telecommunication networks as the means of committing offence.
Questions of current interest
Belikova K.M. - Responsibility of scholars for engineering, development and implementation of the technologies for euthanasia: certain aspects pp. 12-24

DOI:
10.25136/2409-7136.2020.5.33276

Abstract: The subject of this research is certain aspects of responsibility of the scholars for engineering, development and implementation of the technologies for euthanasia. The author raises the questions: whom the scholar is responsible to (his conscience, future and currently living generations), for what (scientific components of his development/discovery, their application and consequences), what type of responsibility (moral, legal). The author seeks answers on the basis of studying, scientific comprehension and analysis of the developing and existing mechanism, methods, and means for euthanasia as legally permitted or prohibited in the medical establishments. The ideas underlying the support and implementation of euthanasia are examined. The scientific novelty is substantiated by articulation of the problem: responsibility of a scholar (medical personnel, etc.) with regards to the practice (ban of a number of aspects in the practice) of euthanasia on the example of legislation of the countries, in which it is allowed (was allowed) or unwelcomed. Among the formulated conclusions is the idea that any approach is based on persuasions of a person; there is not special morality, a scholar always remains a human, with all the weaknesses and strength. Namely these persuasions lead the licensed medial practitioners toward creation of technologies, means and methods for alleviation of suffering and acceleration of death.
Human and state
Glushachenko S.B. - Penal system and public associations: formats of interaction pp. 25-34

DOI:
10.25136/2409-7136.2020.5.33382

Abstract:  This article examines the formats of interaction between the authorities and establishments of penal system and civil society. An important institutionalized element of civil society is the public associations, created for expression and protection of interests of their members of other citizens. Penal system, in turn, is closed for the general public, which questions the observance of rights and freedoms of a citizen within its framework. In the last decade, one of the vectors of state policy became the creation of conditions for more effective interaction of penal system and civil society, which according to legislator’s opinion will lead to humanization of the existing system. Based on the analysis of current legislation and its application, the conclusion is made on the formats of interaction between public associations and the structures of the Federal Penal Service that can be conditionally divided into organized and unorganized. Organized formats suggest work of the representatives of public association in social institutions, set by legislative acts, such as public council, public monitoring commission, supervisory board under the Federal Penal System. There is no information in the open sources regarding the implementation of unorganized forms of interaction. The author describes the ways for improvement such public activity for increasing its efficiency pertinent to protection of rights and freedoms of a citizen.  
History of state and law
Shakhbazyan S.V. - Genesis of the legislative definition of crime and category of crimes in accordance with the Russian criminal law pp. 35-62

DOI:
10.25136/2409-7136.2020.5.28845

Abstract: The subject of this research is the process of state legal regulation of evolution of the definition of crime and category of crimes within the Russian criminal law. Special attention is given to the analysis of normative sources, which allows determining the key stages of development of the doctrine on crime and categorization of crimes. The author substantiates the opinion that normative documents of the Soviet period regulated the provisions regarding crime and categorization of crimes to the fullest extent, which laid the groundwork for the development of current Criminal Code of the Russian Federation. The conducted analysis of sources allowed concluding that the criminal legal policy in definition of crime and category of crimes, implemented by a legislator at various stages of social relations, is characterized by priority vectors in criminal policy of the state and caused by objective needs of the society. The complicated by their nature criminal-legal relations are constantly changing, which justifies the need for improvement of criminal legislation. The author comes to the conclusion that formalization and further development of the doctrine on crime and categorization of crimes retains its relevance in light of reform in criminal legislation.
Verenich I.V. - Implementation of the norms of criminal law in the process of gradual formation of doctrine on overcoming obstruction of investigation of crimes pp. 63-69

DOI:
10.25136/2409-7136.2020.5.33288

Abstract: The subject of this research is the analysis of implementation of the norms of criminal law in the process of formation of doctrine on overcoming obstruction of investigation of crimes. Literary and theoretical provisions on the matter are reviewed. Emphasis is made on the historical aspects of the formation of stages of forensic doctrine on overcoming obstruction of investigation of crimes as its integral system, assemblage of interrelated ideas of interpretation the development patterns of private forensic theories and doctrines. In the course of research, the author applied the following methods: general scientific, logical, mathematical, special methods of forensics – forensic identification, dactyloscopy, odorology, investigative procedure planning, organization of investigation. The special methods of other sciences include physical, chemical, physicochemical, anthropological and anthropometric, sociological, psychological. The scientific novelty of this work is defined by the historical aspect of formation of stages of doctrine on overcoming obstruction of investigation of crimes; its emergence and establishment; formation and completion of forensic doctrine as an integral system of theoretical provisions and practical recommendations.
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